Blackwood's Edinburgh Magazine, Vol. 68, No 422, December 1850Various
General
Blackwood's Edinburgh Magazine, Vol. 68, No 422, December 1850
Various
England -- Periodicals; Scotland -- Periodicals
and pulled up his shirt, and probed the wound. The other persons
were standing by. Mr Mirfin's second walked up, and asked if the
wound were fatal. I said it was a very fatal wound. Mr Elliott and
his second said nothing, merely looking on. Mr Broughton asked me
again, after I had probed the wound, whether it was fatal. I said it
was. He asked, 'What shall we do?' I replied, 'The sooner you leave
the ground the better, and I will wait.' They all three left the
ground together. Mr Mirfin died within ten minutes. I did not speak
to him after this. I saw I could be of no service to him, and did
not wish to fatigue him by saying anything to him. I examined the
body after I had got it home, and discovered a small wound not quite
the size of a (bird's?) egg, between the fifth and sixth ribs."
We have given these details in all their sickening simplicity and utter
hideousness, because they are worth a world of comment on the nature
and tendency of affairs of honour.
The trial came on before the late Baron Vaughan, and the present Baron
Alderson, at the Old Bailey, on the 22d Sept. 1838; and the former
thus laid down the law to the jury: "When upon a previous arrangement,
and after there has been time for the blood to cool, two persons meet
with deadly weapons, and one of them is killed, he who occasions the
death is guilty of murder; and the seconds are also equally guilty. The
question then is, did the prisoners give their aid and assistance by
their countenance and encouragement of the principals, in this contest?
Though neither of the prisoners acted as second, still, if either
sustained the principal by his advice _or his presence_--or, if you
think he went down for the purpose of encouraging and forwarding the
unlawful conflict, although he did not say or do anything, yet if he
were present, and was assisting and encouraging, at the moment when the
pistol was fired--he will be guilty of the offence of wilful murder.
Questions have arisen as to how far the second of a party killed in a
duel is liable to an indictment for the murder of the deceased: I am
clearly of opinion that he is."
The prisoners were convicted; but under the special circumstances of
the case--for there existed, in the evidence, considerable doubt as
to the part taken in the murderous affair by the prisoners--or even
whether they, in fact, took _any_ part in it--sentence of death was not
passed upon them, but only ordered to be recorded against them; and
they were afterwards sentenced to a lengthened term of imprisonment. Mr
Townsend does not seem to have been aware of this case, as he makes no
allusion to it.
Public-domain text, read in full here on John Shaqi.
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