Sir W. Follett.—“My Lords, I will trouble your lordships with a very few words in reply to the observations of the Attorney-General. It may be a very unsatisfactory termination of this case after all the care and trouble which has been bestowed upon the prosecution, but I apprehend that this is not a case in which the noble lord at the bar will have to appeal to the honour or the conscience of his peers. The question is, whether sufficient evidence of identity has been given. My learned friend asks whether he is to call the clerk of the parish, or the father or mother of Captain Tuckett, to prove his Christian name. Now, that is not the objection, and the Attorney-General knows it perfectly well. What we object to is, that the counsel for the prosecution have called a person of the name of Codd, who has proved that he was acquainted with a Captain Harvey Garnett Phipps Tuckett, but there is not a scintilla of evidence to connect that Captain Tuckett with the gentleman who fought the duel on Wimbledon Common. What is the proof? Does any judge who hears me feel himself prepared to say that the fact of a Captain Tuckett having been in a particular regiment is evidence of identity in this case? My learned friend says, that if a person out of the House may fairly draw such an inference, such an inference may properly be drawn within its walls. May I ask your lordships if that is the way in which trials of this nature are to be conducted? It is possible that your lordships sitting out of the House, after all that has been said and written, might draw such an inference as that which my learned friend wishes you to make; but you are now sitting here, as if you had never heard one word of the case before. You are now sitting as judges on the evidence adduced, and you are to say whether, because a Captain Tuckett who was formerly in the 11th Dragoons has the same Christian name, he is to be identified with the Captain Tuckett who fought on Wimbledon Common. There is no evidence to show that the Harvey Tuckett mentioned in the evidence of Codd, is the same Harvey Garnett Phipps Tuckett mentioned in this indictment. Mr. Codd does not know him to be the same; he never saw him either in the Poultry or at Hamilton Place. The whole of his evidence is this,—that he knows a Captain Harvey Garnett Phipps Tuckett, that he was in the 11th Dragoons; and that he receives for him his half-pay. There may be two Harvey Tucketts; and since my learned friend, the Attorney-General, has referred to your lordships’ knowledge of what may have occurred out of doors, I would remind your lordships that in the very regiment commanded by the noble Lord at the bar there were two officers bearing the same surnames certainly, and I think the same Christian names. I submit to your lordships, that there is no evidence whatever to prove that Captain Harvey Tuckett mentioned in the evidence of Mr. Codd, is the same person as the Harvey Garnett Phipps