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
The opening address of the Attorney-General was temperate, clear, and
able; most faithfully stating the law which he charged Lord Cardigan
with having violated, and the facts constituting the violation.
He reminded the House that sixty-four years had elapsed since a
similar trial had taken place--that of Lord Byron, for killing his
opponent in a duel. "I am rejoiced, my Lords, to think," continued
the Attorney-General, in terms which immediately occasioned great
observation, "that the charge against the noble prisoner at the bar
_does not imply any degree of moral turpitude_; and that, if he should
be found guilty, the conviction will reflect no discredit upon the
illustrious order to which he belongs. But, my Lords, it seems to me
that he has been clearly guilty of a breach of the statute law of
the realm, which this and all other courts of justice are bound to
respect and enforce. Your lordships are not sitting here as a court of
honour, or as a branch of the legislature, but as a court of justice,
bound by the rules of law, and under a sanction as sacred as that of
an oath.... Your lordships are aware that the noble Earl is in the
army--Lieutenant-colonel of the 11th Hussars; and I have no doubt that,
on this occasion, he only complied with what he thought necessary to
the usages of society. But, under these circumstances, though it would
have been considered, if death had ensued, _a great calamity, and not a
great crime_--though moralists of the highest authority have defended
duelling--it remains for your lordships to consider what duelling is by
the law of England." After quoting from the known great authorities,
Hale, Hawkins, Foster, and Blackstone, proving that a death by duelling
was wilful murder, the Attorney-General correctly observed--"It
necessarily follows, from this definition of murder, that the _first
count_ of the indictment is [that is, he expected that it would be]
completely proved. The only supposition, my Lords, by which the case
can be reduced to one of _manslaughter_ would be, that Lord Cardigan
and Captain Tuckett _casually_ met at Wimbledon Common--that they
_suddenly_ quarrelled--and that, while their blood was up, they fought.
But your lordships can hardly strain the facts so far as to suppose
that this was a casual meeting, when you find that each was supplied
with his second--that each had a brace of pistols--and that the whole
affair was conducted according to the forms and solemnities observed
when a deliberate duel is fought." Could anything be more clear and
cogent? "Then, my Lords, with regard to the second and third counts
of the indictment, I know not what defence can possibly be suggested;
because, even if there had been this casual meeting, contrary to all
probability and all the circumstances of the case--if it would only,
had death ensued, have amounted to the crime of manslaughter--that
would be no defence to the second and third counts of the indictment,
Public-domain text, read in full here on John Shaqi.
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