Mr. Justice Bayley summed up, and closed his observations on the evidence with telling the jury that the question for them to decide was, by what means did Mr. Clayton come by his death? If they were of opinion that he came by his death by a bullet from the pistol of Mr. Lambrecht, and that Mr. Lambrecht met him on the ground with the intention, if the difference could not be settled, of putting his life against Mr. Clayton’s, and Mr. Clayton’s against his, he was bound, as a lawyer and a judge, to tell them, that Mr. Lambrecht was guilty of the crime of wilful murder, and that they were bound to find him guilty of that crime under the present indictment.—With respect to the prisoner Cox, Lambrecht’s second, however desirous he might have been for a reconciliation, and however he might have expected that an apology would be accepted, still, if he allowed himself to continue on the ground when he found that reconciliation was hopeless, and acted on the occasion as a second, he must be considered as aiding and abetting in that transaction; which, in the case of Lambrecht, amounted to the crime of wilful murder.—Then, with respect to the prisoner Bigley, Mr. Clayton’s second, he acted as a go-between, and no other person was there on the part of Mr. Clayton. What, then, was the common purpose of the parties at the time, and was Bigley aiding and abetting? If the common purpose was, that the life of Lambrecht and Clayton should be respectively put in hazard, then Bigley was as much aiding and abetting as Cox. The learned Judge concluded by telling the jury to take the case into their careful consideration; and if they were satisfied that Mr. Clayton came to his death by the shot of Lambrecht in the duel, and that Cox and Bigley were aiding and abetting on that occasion, they must find, or at least ought to find, a verdict of guilty. The jury, after deliberating in the box for a few minutes, expressed a wish to retire. Before they went out, one of them said, they wished to know whether they might return a verdict of guilty generally, or whether they must say guilty of murder? Mr. Justice Bayley told them, that if there had been any circumstances in the case to reduce the crime to manslaughter, he should have stated them for their consideration; but he had found none. The juryman who had asked the question said, that the object of it was, to know whether they might find a verdict of manslaughter. The jury, after deliberating three hours and a half, returned a verdict of “Not guilty.” BETWEEN CAPTAIN SMITH AND STANDISH O’GRADY, ESQ. March 17, 1830.