The National Register. — 1818-01-19 (London, England)

FRIDAY.  FATAL DUEL.—About half.past o'clock, the Court being eery crowded, Mr. Theodore O'Callaghan, Mr. Charles Newholt. and Mr. Thomas Joseph l'healan were brought into Court, and were arraigned with the usual forms. The bill had been found by the Grand Jury on the Feasting night. Shortly. after M O'clock the Jude entered, and the prisoners were putt.° the bar. There was a gloomy dejection upon their countenance: such as became men who had been instrumental in the violent death of a fellow creature. The indictment was then read over by the Clark of the Arraigns, and it charged the prisoners with having tdo— niously, wilfully, ::.nd with malice aforethought, murdered Edmund Bailey. . . _ .  . • There were no CounA on the part of the prosecution. aQd Justice Park having read over the depositions given at the public office at Bow.street, called and examined the following witnesses : William Adams, of England's lane, near Chalk-farm : his evidence did not differ from that given by him before, the Coroner, which will be found under the proper fluid in another part of our paper. Mr. George Rodd. Surgeon, repeated the evidence which he gave on the inquest. Thomas II ,an officer, proved die apprehensionlof the prisoners. George Neville confirmed the testimony of Adams and Wald, as to the kindness of the prisoners towards the deceased. The evidence on the part of the prosecution having been closed, the prisoners were severally called upon for their defence. Neither Mr. Newbolt nor Mr. Phealan made any defence; but Mr. O'Cal. laghan, after having expressed his inability of speaking in public, handed in a written defence, which was in the following terms : " My Lord and Gentlemen of the .1 ury.—l never apprehended that I should appear in a Court of Justice to answer for a crime, because I never had a disposition to commit one. My Lord and Gentlemen, I have no other ob,ervation to make than to express my confidence in your liberality and justice. and that you will believe me in this solemn declaration, that no man alive, however closely connected with the brave man now no more, could more Amply regret than I do the unfortunate calamity which has brought me to this bar." Mr. O'Callaghan appeared deeply affected. Witnesses to character were then called on the Feta the prisoners; and in favour of Mr. O'Callaghan were called, Colonel Murray, who hail -known him since the year 1812, and spoke in the highest terms of his character as a quiet, mild tempered man.  Mr. 0 Connel, who had known Mr. O'Callaghan nearly all his life, and Mr. Charles Stewart Radtbrd, deposed to the same effect. On the part of Mr. Newholt, four witnesses appeared.--Mr. Robert Baldwin had been intimately acquainted with his family for a great number at years, and with Mr. Newbolt since the cessation of for two years, and for mildness, humanity, and gentlemanlike conduct he gave him an excellent character. Mr. Caleton, Lieutenant Thomas Burke, and Caputiu John Allen, confirmed this statewent. _  For Mr. Phealam—Mr. Woods, who had known him for twelve months, considerid him to be a humane, honourable, and kind-hearted man; Mr. Baker, Mr. O'Brien, and Mr. Tubb, gave hint a similar character. _  Mr. Justice Park summed up the evidence, drawing the distinction between murder and manslaughter, and pointing out with great clearness, the peculiar features of the present case. lle dwelt on the eircntustance of the parties having gone to the tield in the heat of blood, before their irritation had time to subside. It was a great thing, (he ohterval) to say of men charged with murder, that they, were peaceable, mild and humane in places which exposed the bleod to he heated, in military and naval offices where the blood wiw much afloat, and where it was much more lik ly that they should bavelelt sudden heat and fury of the mind. lle did not mention the several witnesses to character, because he stated in the most extensive terms that no men could stand fairer before the jury in point of character.The strew current of the times had set itself agaisA all laws, divine and human. lle trusted God would direct their minds to give a just verdict. The only alternative for them was to find a verdict of murder or manslaughter. If they did notothink itmurder, they must find it Mlll7 slaughter. The.' nry retired fcr nearly a quarter of an hour, and returnetl wilh a cerdict of Manslaughter against the prisoner.