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
his encounter with Captain Tuckett, who, for all the grand jury could
tell, was as "dead a shot" as the Earl. We would, however, fain hope
that this secret-sworn inquest were not obnoxious to the censures which
Mr Townsend[53] and others have levelled at them in this matter. On
the bill being found, Lord Cardigan, of course, claimed his right to
be tried by his peers--(_i. e. pares_, _æquales_)--a right which he
possessed in common with every fellow-subject; and the indictment was
removed by _certiorari_, to be tried before the House of Peers in full
Parliament. The court of the Lord High Steward of Great Britain is one
instituted for the trial of a Peer indicted for treason, or felony,
or misprision of either;[54] but when the trial take place during
the session of Parliament, as was the case on the present occasion
it is before the High Court of Parliament. A Lord High Steward is
appointed in either case; but in the latter he officiates, not as the
supreme judge in matters of law--as he would be in a trial during the
recess--but as speaker, or chairman, having an equal voice with his
brother peers, in matters both of law and fact.
This was the first time that duelling had been made the subject of
prosecution under the statutes against shooting with intent to kill,
maim, disable, or do grievous bodily harm; and the position of the Earl
of Cardigan had suddenly become perilous in the extreme, and doubtless
occasioned most serious apprehensions to himself and his advisers. If
his case should be held to fall within the statute in question, not
only was he liable to transportation for life,--and he knew that the
House of Peers would firmly do its duty, especially conscious as it
was that upon it were fixed the eyes of the whole country,--but what
would be the effect of _a conviction of felony_ on his property? Four
days after the trial, it was stated in the _Times_ newspaper,[55] and
has not been, as far as we know, contradicted, that "such had been the
doubts as to the issue of the trial, entertained by Lord Cardigan and
his legal advisers, that his lordship, to prevent the whole of his
property being forfeited to the crown, executed, some time before, a
deed of gift, assigning over the whole of his valuable possessions
to Viscount Curzon, the eldest son of Earl Howe, who had married a
sister of the Earl of Cardigan. It is stated that the legal expenses
of this transfer of property, arising from fines on copy-holds and the
enormous stamp-duties, amounted to about £10,000; and as the deed of
transfer was said to have been enrolled in due form, in the event of
an acquittal the immense expenditure would have to be again incurred,
in order to effect a re-transfer." So serious a matter, even in a
pecuniary point of view, has now become the fighting a duel, to a
nobleman or gentleman of fortune, who are recommended, consequently,
not to fight in a hurry--at all events, till they shall have had an
Public-domain text, read in full here on John Shaqi.
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