The Sun. — 1830-10-09 (London, England)

GURNEY—Was at the time in the service of a lady named French, whom Carrin llel,rh,sin used to vi.it daily. He (the Captain) was at her house the night before the duel, and also on the morning it took place; but he came and went away immediately. A great number of respectable persons, including military anti naval °Meer', professional gentlemen, a Magistrate of the county of Kilkenny, Mr. Chesterton (the Governor of-the House of Correction), Mr. Webb (the comedian), and others, united in giving the prisoner an excellent character for kindness, generosity, and humanity. At half-past six o'clock Mr. Justice Ka Lev proseeded to charge the Jury, end after desiring them to dismiss from their minds any reports ro the prejudice of the prisoner which they might have heard before they entered the box, his Lordship called their attention to the points to which they should apply themselves in their consideration of the case. The points were these :—First, they must be satisfied that both the prisoner and the deceased were natural-born subjects of this realm; secondly, they must be quite certain that the deceased was killed by the hand of the prisoner; and thirdly, whether the prisoner had so acted as to be guilty of the crime of murder. Intentionally using means calculated to produce death, if that result ensued, did most undoubtedly constitute the crime of murder. Wsith regard to the present case, it appeared, beyond all doubt, that it had arisen out of a duel ; now he (Mr. Justice Bayley) was bound as a lawyer to tell the Jury, that if parties went out to fight a duel, and that death was the result of that meeting, the surviving parties in the transaction were equally guilty of the crime of murder, whether fair or foul Means had been used. The Learned Judge then proceeded to read over the whole of the evidence, commenting as he proceeded upon the various points which that evidence presented. The Jury having remained out of Court for the space of übout twenty minutes, returned with a verdict, finding the prisoner Not Guilty. The announcement of the verdict was received with evident satisfaction by the Court ; and seine persons so far forgot themselves as to clap their hands; upon hearing which Mr Justice BAYLEY called upon the Sheriff to take any person into custody who had acted in this most unbecoming Manner, observing, that although he had no fault whatever to find with the verdict which had just been pronounced, it was most essential to the ends of justice that its course should neither be diverted nor influenced by the opinions of persons who were inertly spectators there. lie repeated that he had no doubt but the jury had pronounced a just and proper verdict. • The prisoner, who possessed throughout the day a great share of fortitude and self-possession, with. out any attempt at effect, was immediately surmended by his friend., who shook him most cordially by the hand. He retired accompanied by several of them through the body of the prison, and got into a coach at the door of Mr. Wontner's private residence. The Court was crowded to excess during the entire day, and such was the interest which the trial excited, that most of the persons, amongst whom were some, well-dressed females, never left the Court during the ten hours which the trial occupied.