The History of Duelling. Vol. 2 (of 2)Millingen, J. G. (John Gideon)
Philosophy
The History of Duelling. Vol. 2 (of 2)
Millingen, J. G. (John Gideon)
Dueling
This day, the trial of Captain Douglas, second to the Earl of Cardigan
in the recent duel, took place in the New Court, before Mr. Justice
Williams and the Common sergeant. Mr. Thesiger informed the Court that
the Captain now desired to surrender to take his trial. He then entered
the dock, accompanied by three friends; and, the clerk of the Court
having read the indictment, he pleaded “Not guilty.” On Mr. Justice
Williams inquiring whether any one appeared for the prosecution, the
clerk answered in the negative. Mr. Hobler, who originally had the case
in hand, was in court, but had not been empowered to instruct counsel.
He said he had taken measures to secure the attendance of the witnesses,
when he received an intimation from the police commissioners to stay all
proceedings. Mr. Justice Williams directed the trial to proceed; and the
witness Dann, the miller, his wife and son, and also Busain the
inspector of police, were examined, and repeated the statements made by
them in the House of Lords on the trial of the Earl of Cardigan. Sir
James Anderson, who attended the duellists professionally, declined, as
before, to answer any questions, lest he should implicate himself. None
of the Dann family could identify Captain Douglas, and Mrs. Dann pointed
him out as the wounded man. After which,
Mr. Justice WILLIAMS, addressing the Jury, said he was totally ignorant
of the circumstances or causes by which it had happened that nobody
appeared in behalf of this prosecution. He ought to regret it, for it
had imposed upon him the somewhat arduous task of examining the
witnesses, and also a certain degree of anxiety, to take care, whatever
might be the cause of no person appearing to conduct the prosecution,
that it should not fail for want of every witness being called, who knew
anything of the transaction. It now, therefore, only remained for him to
communicate his judgment as to whether any case should be submitted to
their consideration. They could not close their eyes to the fact, that a
duel had been fought on Wimbledon Common, on the day mentioned. The
prisoner was indicted for shooting at Harvey Garnett Phipps Tuckett, and
it was asserted that it should be proved that a man bearing that name
was so shot at by the prisoner at the bar; but of this there was not one
tittle of evidence. Moreover, none of the witnesses who saw the duel had
spoken to the person of Captain Douglas. The indictment, therefore, must
fall to the ground, and the prisoner was entitled to an acquittal.
The Jury immediately returned a verdict of “Not guilty.”
March 12.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account