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
We ourselves were present at a remarkable trial for duelling, about
eighteen or twenty years ago, at the Old Bailey, before the late
excellent and very learned Baron Bayley, on which occasion he also laid
down the rule of law respecting duelling, with uncompromising firmness
and straightforwardness. This was the case of Captain Helsham, who had
shot Lieutenant Crowther in a duel, at Boulogne. There were rumours
of foul play having been practised; and a clergyman, the brother of
the deceased, made strenuous and persevering efforts to bring Captain
Helsham to trial. The latter continued, for some time after the duel,
in France, though anxious to return to England; and after (as we have
heard) taking the opinion of a well-known counsel at the criminal
bar--who advised him that he could not be tried in this country for a
duel fought in a foreign country not under the British crown--he came
to England, where he was instantly arrested, under Stat. 9 Geo. IV. c.
31, § 7, which had been passed two or three years previously--viz., in
1828--and must have altogether escaped the notice of the counsel in
question. That act authorises the trial, in England, of any British
subject charged with having committed any murder or manslaughter
abroad, whether within or without the British dominions, as if such
crimes had been committed in England. Captain Helsham was admitted to
bail to meet the charge, and, having duly surrendered, took his place
at the bar of the Old Bailey, at nine o'clock on a Saturday morning.
Public-domain text, read in full here on John Shaqi.
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