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
appreciate the dread significance of his opening. As soon as he had
uttered the last two words, Captain Helsham's cheek was instantaneously
blanched. We were eyeing him intently at the moment, and shall never
forget it. He stood, however, with rigid erectness, gazing with
mingled anger and fear at the judge, whom he felt to be uttering his
death-warrant; and after a while bent his eyes on the jury, from whom
they wandered scarce a moment during that momentous summing-up--one
which, with every word, was letting fall around him, as he must have
felt, the curtain of death. "The law of honour," said the judge,
towards the close of his charge, "is an imposture--a wicked imposture,
when set against the law of the land, and the law of God Almighty,
claiming the right to take away human life. I tell you, who sit there
to discharge a sworn duty, that a fatal duel is malicious homicide--and
_that_ is wilful murder." The jury retired to consider their verdict;
and the judge at the same time quitted the court till his presence
should be required again. Captain Helsham, however, continued standing
at the bar almost motionless as a statue. After a prolonged absence of
an hour and forty minutes, the jury returned into court. The prisoner
eyed them, as one by one they re-entered their box, with a solicitude
dismal to behold, and the irrepressible quivering of his upper lip
indicated mortal agitation. The verdict, however, was--Not Guilty; on
which the prisoner heaved a heavy sigh, passed his hand slowly over his
damp forehead, bowed slightly, but rather sternly to the jury, and was
then removed from the bar and released from custody. When the verdict
was a few minutes afterwards communicated to Baron Bayley, who had
remained in attendance in an adjoining room, he remarked gravely, "I
did _my_ duty! It is well for Captain Helsham that the verdict is as
it is; had it been the other way, I should certainly have left him for
execution." In that case, the duellist would have died on the gallows
on the ensuing Monday morning.
It is now, however, time to return to Mr Townsend's volumes, where we
find two trials for duelling. One is that of the late Mr Stuart, who
killed Sir Alexander Boswell, in Scotland, on the 26th March 1822, in
a duel conducted with undisputed regularity and fairness. The other is
that of the Earl of Cardigan, who fought and wounded Captain Harvey
Tuckett, but not mortally, in a duel, on the 12th September 1840. This
trial is one of remarkable interest, in every point of view; and we
shall take some pains in bringing it distinctly and intelligibly before
our readers.
Public-domain text, read in full here on John Shaqi.
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