The History of Duelling. Vol. 2 (of 2)Millingen, J. G. (John Gideon)
Philosophy
The History of Duelling. Vol. 2 (of 2)
Millingen, J. G. (John Gideon)
Dueling
Mr. Nolan first addressed the magistrate, and requested, that as the
coroner’s inquest had not yet sat, and would not sit till to-morrow, as
the prisoners were now in safe custody, the magistrate would let them
remain where they had hitherto been confined; as he well knew it was in
vain to urge any discretionary power of the magistrate, as to bailing
them, till the decision of the coroner’s jury was known.
The learned gentleman said, he felt strongly the charge of the crime
under which the prisoners laboured; but he would say, that nothing he
had heard of the evidence against them, in the least affected them as to
premeditated murder. With regard to one of the prisoners, Mr. Phealan,
he was the particular friend of the deceased, and was by no means
instrumental to the violence that had been committed. All that Mr. Adams
said respecting him, and he was the most material witness, was, that he
was there on the spot at the time that the deceased came by his death.
For anything that appeared in evidence, he might have been there
accidentally; the spot where the transaction took place being near a
public road and a path, he might have been an idle spectator. He must
now answer for the highest crime which the law knew. The question he had
to urge was, whether he was to remain in custody or be admitted to bail,
till his trial; which he urged as to a sense of honour and humanity, and
which he had no doubt was possessed by the gentleman by whom the
business was first investigated, Mr. Conant; and if he had then been
present, he should have taken the liberty of asking Mr. Adams a few
questions, which he flattered himself would have induced the magistrate
to have admitted the gentlemen to bail. If the coroner’s inquest had met
and pronounced their verdict, the case would be altered. As Mr. Adams
had not arrived, he trusted there would be no objection to let them
remain where they were. To meet his fate, was the wish of his friend,
Mr. O’Callaghan, as soon as possible; to him the trial would be the most
interesting, and he by no means wished to defer it. All he wished for
was, that they might be remanded till to-morrow morning. After the
coroner’s inquest had sat upon the body of Lieutenant Bailey, and
returned a verdict, it would then be a question, whether all or any of
the gentlemen should be admitted to bail.
Mr. Arabin followed Mr. Nolan, and very handsomely acknowledged the
kindness which had been shown him, in allowing him to read the evidence
which had been taken in writing against his clients. He proceeded to
enlarge upon it, and urged that there was not a shadow of difference
between Mr. Phealan and Mr. Newbolt; and solicited that their commitment
might be deferred, and that they might be admitted to bail.
Mr. Birnie in reply, said it was his wish to do justice to all; the
prisoners had all been found on the spot.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account