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
“It was evident the deceased had been killed by a shot fired at him by
some person, of whose identity the jury had no direct or admissible
proof. The laws of this country admitted of no excuse for one man
killing another in a private duel. But, supposing the person who had
slain the deceased to be able, before a superior tribunal, to offer
circumstances and facts in palliation of his offence, they could not
have any weight in this inquest. He had, strictly speaking, been guilty
of murder, and to that effect must necessarily be the verdict of the
jury. In the present case, there was no doubt of the deceased having
been feloniously killed; but there was no evidence who was the
principal, or who were the seconds. In point of fact, they were all
equally guilty; for, in the crime of murder, accessories before the fact
were considered as principals. There was hardly a doubt that the
expressions and avowal of the deceased, so honourably made in favour of
his opponent, would, if the latter were arraigned in a superior court,
induce his acquittal; but that was a consideration which ought not to
operate on the minds of those whom he was addressing. Had the parties
been in a room; and upon a sudden quarrel had the deceased, having given
the first provocation, been killed, it might have been justifiable
homicide; but, on the contrary, it appeared, they had deliberately gone
out to commit an unjustifiable act. Had it been proved who the person
was who fired the shot at the deceased, the jury would have been bound
to have returned a verdict of “murder” against him, and those who were
aiding and abetting him; but, as the case stood, they would only
pronounce the verdict to which he had alluded.
The jury unanimously returned a verdict of “wilful murder, or felonious
homicide, by some person or persons unknown.”
BETWEEN ENSIGN BROWNE AND LIEUT. BUTLER.
January 1, 1806.
This morning a meeting took place in a piece of ground, in the parish of
Basford, between Ensign Browne, of the 36th regiment of Foot, and
Lieutenant Butler, of the 83d Regiment, on the recruiting service, at
Nottingham.
The parties fired together by signal, when, unfortunately, Ensign Browne
was shot through the heart, and instantly expired, without uttering a
word.
Lieutenant Butler and the seconds immediately withdrew. The body of the
deceased was taken to Basford church, by some persons who were attracted
to the spot by the report of the pistols; and a verdict of “wilful
murder” was returned by the coroner’s jury who sat upon it.
Public-domain text, read in full here on John Shaqi.
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