on your judgment with regard to the second and third counts of the indictment. “My Lords, I am happy to say that the indictment contains no count on the capital charge: a wound was inflicted; but the prosecutor has very properly restricted the charge to firing at, with intent, without alleging that any wound dangerous to life was inflicted. The first count charges, that the Earl of Cardigan shot at Captain Tuckett with intent, in the language of the law, to commit the crime of murder. The second count charges the Earl of Cardigan with the same act, with intent to maim, disfigure, or disable Captain Tuckett; and the third count charges his lordship with the same act, with intent to do some grievous bodily harm. It will be for your lordships to say whether, upon the facts which I shall lay before you, and which I am instructed to say can be clearly made out in evidence, each and every one of the counts must not be considered as fully established. The substance of the evidence in this case is, that on the 12th of September last the Earl of Cardigan fought a duel with pistols, on Wimbledon Common, with Captain Tuckett, and wounded him at the second exchange of shots. It will appear that, about five o’clock in the afternoon of that day, two carriages, coming in opposite directions, were seen to arrive on Wimbledon Common, and a party of gentlemen alighted from each. It was evident to those who observed what was going on, that a duel was in contemplation. The parties went to a part of the common between the road that leads to Lord Spencer’s park and a windmill. The seconds made the usual preparations: the principals, the Earl of Cardigan and Captain Tuckett, were placed at a distance of about twelve yards; they exchanged shots without effect; they received from their seconds each another pistol; they again fired, and Captain Tuckett was wounded by the Earl of Cardigan. Mr. Dann, who occupied the mill, his son, and Sir James Anderson, a surgeon, who was standing close by, went up immediately. The wound was examined, it bled freely; but fortunately—and I am sure no one rejoices at the circumstance more than the noble prisoner—it proved to be not of a dangerous nature. Mr. Dann, the miller, who was a constable, took the whole party into custody. The wound was again formally examined, and Sir James Anderson pressed that he might be set at liberty, and allowed to take Captain Tuckett to his house in London; which was immediately acceded to, upon the Captain’s promising to appear before the magistrates, when he was recovered. The miller retained the Earl of Cardigan, and his second, Captain Douglas, as well as Captain Wainwright, the second of Captain Tuckett. The Earl of Cardigan had still a pistol in his hand when the miller approached him; and two cases of pistols were on the ground, one of which bore the crest of the noble Earl, and was claimed by him as his property. The parties in custody