Notwithstanding the frequency of duels, the survivors were, in several instances, prosecuted. An artillery officer of the name of Treins, having called out a person of the name of Damarzil, it was decided that they should fight with pistols, at the distance of six paces. Having drawn lots for the first fire, it fell upon Treins; the witnesses then requested that a greater distance should be taken. Treins would not consent to this arrangement, which was contrary to the previous agreement; he fired, and mortally wounded his adversary in the stomach. Notwithstanding the severity of the wound, he had sufficient strength to return the fire, wounding his antagonist in the arm. He died a few hours after. The court came to the decision, “that Treins having been the aggressor, and having fired contrary to the wishes of the by-standers, at so short a distance, when he was certain of killing his antagonist,--these circumstances did not allow that this case should be included in those cases of duels which are not considered as criminal and punishable as such.” On this occasion the duel was considered an assassination, because the party fired at too short a distance. Yet it must be recollected, that had the survivor’s pistol missed fire, his antagonist had an equal certainty of shooting him. The tribunal of Douai came to a similar conclusion in the case of a person who shot another after taking a long and deliberate aim. The court of Marseilles gave a similar judgment in the following case:--A man, named Roqueplane had called out another of the name of Durré. The seconds wanted to place the parties at a distance of twenty-five paces; Durré insisted upon fifteen. Lots were drawn for the first fire, which fell upon Roqueplane, who discharged his pistol in the air. Durré insisted that he should fire at him; and, despite the interference of the seconds, his wish was acceded to: but the pistol missed fire; on which Durré fired, and shot his adversary dead.