The Sun. — 1868-04-23 (London, England)

TRIAL OF LORD CARDIGAN.  The death of the Earl of Cardigan has revived the memory of his famous trial It is the only occz, sion on which a peer has been arraigned for felony during the present century. The charge agair Lord Cardigan was, that he had, on Sept. 12, 1840, fought a duel with Captain Tuckett on Wimbleeo.l Common. Technically the crime was shooting w th intent to murder, an offence rendered capital by 1 Vic. c. 85. Being entitled to be tried by his peers, the accused appeared at the bar of the House of Lords on February 16, 1841. The scene was an imposing one. Princes, peers, peeresses, ambassadors, and a glittering throng gathered ther3 to form part, or to witness the proceedings, of that High Court. It was a gcodly and exciting pageant —for a peer's life was in danger; but the riFk va3 not great, for the tribunal was sympathetic ; ane, even if convicted, the accused could, it was said, crave in aid the 1 Edw. 1 c. 12, which allowed pmnation for felony to a peer as a clerk eonvic although he could not read. The stately Lord Denman was Lord High Steward ; Sir John Jampell, as Attorney-General, prosecuted ; and Sir William Follett defended. The prosecuti--.5 counsel seemed fully to appreciate the views of those whom he addresed, for according to him, The charge against the noble prisoner at the bar does not imply any degree of moral turpitude, and if he should be found guilty, the conviction will reflect no discredit upon the illustrious order to which he belongs." Whilst the Attorney-General seemed almost indifferent to the result of the trial, Si'? William Follet was anxious even to irritability. Ire knew that he had but one point to rely on, and ) that he directed his whole attention. Fortunatelf for Lord Cardigan the Christian name of Captain Tuckett was not a simple one : it was Harvey Garnett Phipps. The indictment, therefore, set out a charge of shooting at Ilarvey Garnett Phipps Tuckett ; and it was necessary to prove that the person shot at bore those names. It was clearly proved tint Lord Cardigan shot at Captain Tuckett, for he himself stated that he had done so. It was also established that the Captain Tuckett shot at was Captain Harvey Tuckett, formerly of the 11th Light Dragoons. Further, it was proved that the name of Captain Tuckett, formerly of the 11th Light Dragoons, was Harvey Garnett Phipps. But this did not suffice, for the officer shot at may not have borne the name of Garnett Phipps, and there might have been two Captain Tucketts on half-pay in the 11th Dragoons. And so the white staff of High Steward was broken, and the peers of Great Britain and Ireland cheerfully laid their hands on their hearts and said that James Thomas, Earl of Cardigan, was not guilty on their honour. But the Duke of Cleveland seemed to be scarcely able to understand our great principles of justice, and said, bowing low, that upon his honour the prisoner was not guilty legally. Those who played the principal parts in that day's trial—accused, High Steward, and counsel—have all passed away ; and before them went the possibility of justice being evaded by such a technical defence as that above recorded. The tale at the time went, that, in fear of forfeiture of his lands, Lord Cardigan, the dal before his trial, surrendered to trustees to certain uses his copyhold estates. When acquitted he desired his own again. Tho lands were resurrenderedl but the fines were heavy—some said £BO,