A verdict of wilful murder was returned against the three brothers, Andrew, William, and Francis Brittlebank, and also against Mr. Spencer. Mr. W. Brittlebank had absconded. The other three were taken into custody, and conveyed to Derby jail. The trial of the parties came on in August, before Mr. Justice Park, at the Derby Assizes. Mr. Denman said, it was his painful duty to state the circumstances of the case. The prisoners were to be tried for a crime that was considered one of the heaviest of which human nature was capable. A murder was charged to have been committed by Mr. William Brittlebank, and the prisoners stood on their trial for aiding, abetting, and assisting in the said murder. The deceased, Mr. Cuddie, had been a surgeon in the navy; he had retired on half-pay, and resided at Winster, where Mr. Brittlebank, the father of two of the prisoners, resided. Mr. Cuddie had been on intimate terms with the Brittlebanks, but their friendship had fallen off in consequence of the attention of the deceased to Miss Brittlebank, which had been disapproved by the family. On the 21st of May, the day before the death of Mr. Cuddie, a letter was brought to him by the servant of Mr. W. Brittlebank, complaining of an insult which he said he had received, and calling on the deceased to fight him, in order to expiate that insult. Mr. Cuddie refused to give any answer to the letter. In consequence of this, on the following day the prisoner Spencer, who had been sent for from Bakewell, arrived at Winster, and agreed to go with a message from Mr. W. Brittlebank, demanding that Cuddie should fight him or make an apology. Cuddie replied he had no apology to make, and would not meet Mr. Brittlebank. Spencer carried back this answer, and returned to Cuddie with a new message; and on the deceased repeating the determination which he had previously announced, he told him that Mr. W. Brittlebank was in the garden, and he might see and speak to him if he would not fight. These were facts to be proved by witnesses, and by the dying declaration of the deceased, which, by law, could be received as evidence. Cuddie went into the garden, where he found William Brittlebank, with his brothers Andrew and Francis, who had been seen to go from their house to that of Mr. Cuddie. Here Andrew Brittlebank appeared anxious to prevent the duel, by calling on Mr. Cuddie to make an apology. This he declined, and pistols were then produced; and Mr. W. Brittlebank having walked fifteen or sixteen yards from the deceased, both turned and fired, as he believed. A ball had been found near the spot on which Cuddie stood; one had been sought for, but in vain, near that where Mr. Brittlebank had taken his place. He, however, did not mean to attach importance to that circumstance; he believed that Mr. W. Brittlebank had exposed his own life to the same risk which he forced Mr. Cuddie to run. The contrary was no part of the case for the prosecution.