John Macpherson stated, That he is Lieutenant in the said regiment. Knew Major Campbell and Captain Boyd. Recollects the day of the duel. On the evening of that day, going up stairs about nine o’clock, he heard, as he thought, Major Campbell say, “On the word of a dying man, is everything fair?” He got up before Captain Boyd replied;—he said, “Campbell, you have hurried me; you’re a bad man.” Witness was in coloured clothes, and Major Campbell did not know him, but said again, “Boyd, before this stranger and Lieutenant Hall, was everything fair?” Captain Boyd replied, “O my Campbell! you know I wanted you to wait, and have friends!” Major Campbell then said, “Good God! will you mention before these gentlemen, was not everything fair? Did not you say, you were ready?” Captain Boyd answered, “Yes;” but in a moment after said, “Campbell, you are a bad man.” Captain Boyd was helped into the next room, and Major Campbell followed, much agitated, and repeatedly said to Captain Boyd, “that he (Boyd) was the happiest man of the two.”—“I am,” said Major Campbell, “an unfortunate man, but I hope not a bad one.” Major Campbell asked Captain Boyd if he forgave him? He stretched out his hand and said, “I forgive you; I feel for you, and I am sure you do for me.” Major Campbell then left the room. Duncan Dewar, Adjutant of the regiment, who was with Captain Boyd for some time after he was wounded, was produced to show Captain Boyd’s firm conviction that he would die in consequence of that wound, in order to let in his declaration then made as evidence. But Captain Boyd not having (before him) expressed such a conviction, that evidence failed. Surgeon W. J. Nice was produced to the same point, and likewise failed. Colonel Paterson, of the 21st Regiment, was produced to the same point, and also failed. George Sutherland, Quarter-master of the same regiment, was produced to the same point. He stated that he saw him ten minutes before he died. He was in bed, agitated with pain, in his senses, but rolling in the bed. He did not, however, say to him that he thought he was dying. Upon this, a special verdict was directed to the jury, to inquire whether Captain Boyd, ten minutes before his death, and under the circumstances stated, must or must not have known he was dying. After some short deliberation, they found for the affirmative of this issue (that he must have known it). The declaration was then admitted; but none could be proved within that space, except his asking for Major Campbell, and his saying, “Poor man, I am sorry for him.” John Greenhill was produced merely to prove, that Major Campbell had time to cool after the altercation took place; inasmuch as he went home, drank tea with his family, and gave him a box to leave with Lieutenant Hall, before the affair took place. Here the prosecution closed.