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. Arabin admitted that there was no doubt about that; but he appealed
to the magistrate to feel as a man, a gentleman, and as a lawyer.
Mr. Birnie said, he had a public duty to perform. In answer to the
arguments of the learned counsel, he quoted the celebrated case of
Montgomery and Macnamara, in which Mr. Heaviside, the surgeon, was
committed to Newgate, who had only been attending professionally; yet he
was committed on a charge of murder. In that case, it will be
recollected, Sir Richard Ford was committing magistrate, who at that
time took up the practice of duelling in a very spirited manner; and
publicly expressed his determination to commit the surgeon, and all
persons who were present at fatal duels, to take their trials for
murder. And it was this firm conduct in the magistrate at that period,
which checked the spirit of duelling for some time after; Mr. Heaviside
being confined in Newgate for a considerable time, and at a very heavy
expense. Bail to any amount could have been procured for Mr. Heaviside,
but the application was refused.
The other learned counsel was heard in favour of the prisoners. Mr.
Nolan said their only motive for the application in behalf of the
prisoners was, that they would be more comfortable where they had been,
during the night, than in Newgate. Mr. Birnie observed that he did not
know that magistrates had anything to do with coroner’s inquests. Mr.
Nolan said that if the magistrate complied with the application, no
mischief, public or private, could happen. The magistrate observed, that
it was in evidence before him, that one of the king’s subjects had been
deprived of life, and _primâ facie_ it was murder. He had now made up
his mind: the prisoners must all be committed to Newgate to take their
trials for the murder of Lieutenant Bailey; and he was convinced that
the three learned gentlemen would allow that he had decided right.
The prisoners were given into the custody of the officers to be conveyed
to Newgate; and, on the 14th of January, they were tried at the Old
Bailey for the crime laid to their charge; when the jury having returned
a verdict of “manslaughter,” they were sentenced to be imprisoned three
months in Newgate.
BETWEEN LIEUT. CARTWRIGHT AND LIEUT. MAXWELL.
March, 1818.
On the 1st of March, a fatal duel took place at Avranches, on the French
coast, opposite to Jersey. It arose in consequence of a dispute between
Lieutenants Cartwright and Maxwell of the British Navy. Lieutenant
Cartwright received his adversary’s first fire: the ball entered his
forehead, and he expired in a few moments. He had been married at St.
Helier’s, only a few weeks before, to Miss Mann, niece to the Bishop of
Cork and Ross.
BETWEEN VISCOUNT BELGRAVE AND SIR J. G. EGERTON.
October 17, 1818.
Public-domain text, read in full here on John Shaqi.
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