At the Commission Court, in Dublin, on the 21st of August, Captain Smith and Captain Markham, of the 32d regiment of Foot, were tried for killing Standish O’Grady, Esq. in a duel. Mr. North stated the case for the prosecution. The late Mr. O’Grady, a young gentleman of about twenty-eight years of age, and a member of the bar, had, on the 17th of March, ordered his horse, for the purpose of driving out and taking his morning exercise. He was riding up Nassau Street, towards Merrion Square, when he met a cabriolet with Captain Smith and Captain Markham in it. Mr. O’Grady was riding on the left-hand side, which is adjacent to the wall of the College park. There was a carriage on the other side of the street, which narrowed the way the cabriolet should pass, and brought it near the wall, by which Mr. O’Grady was riding. It pressed so near that side, that, in trying to pass it, he was obliged to put his horse on the pathway. In the attempt, the horse missed his footing, and he feared would have fallen and thrown him; and he leaned forward to right himself in the saddle. He had in his hand a small whip; and, in pressing forward, it struck the head of the cabriolet. In this collision, Mr. O’Grady did not say one word to the gentlemen in it. The horse recovered its footing, and he his seat; and he went on at a gentle walk. The gentlemen in the cabriolet drew up as suddenly as its rapid motion would permit; and Captain Smith having jumped out of it, with the gig-whip in his hand, overtook Mr. O’Grady a little beyond Morrison’s Hotel. He did not call him; he did not expostulate with him; but he struck him on the back repeatedly, with great violence,—not once or twice, but many times. When he turned, he saw Captain Smith running back to his cabriolet. He asked him, who he was? Captain Smith said, he knew him well; but, on the question being repeated, he said, “Captain Smith, of the 32d regiment.” Mr. O’Grady rode to his father’s house, and sought for a military friend, Lieutenant Macnamara, of the 8th Hussars; who, in the course of the day, had an interview with Captain Smith, and Captain Markham, who acted as his friend. The meeting took place at six o’clock in the morning. It was understood, that no persons were to be on the ground but the principals and their seconds. Captain Markham acquainted Mr. O’Grady, that the signal to be given was, “Ready!—fire!” When the arrangements were completed, the principals came into the field, at a signal to that effect, and took their places on the ground. The pistols were placed in their hands, while Captain Markham and Lieutenant Macnamara stood by as seconds. Captain Markham then gave the first signal; but, from whatever cause, he did not give it in the terms fixed on. He said, “Gentlemen, are you ready?” or, “Are you ready, gentlemen?” Mr. O’Grady conceived the words were to be, “Ready!—fire!” and that this was a preliminary inquiry. Captain Smith, however, did not labour under