The Lord Justice Clerk then proceeded to detail the evidence, and to
illustrate the law as it bore on the case in question. It was, he said,
his bounden duty to state to them what the law of Scotland was, in
relation to such an unfortunate affair as had come before them that day:
but instead of stating the law in his own words, he would rather lay it
before them in the words of the best authors on criminal law, and the
first to whom he would refer was Sir George Mackenzie, who had laid it
down as clear and decided law, that killing in a duel was murder, and
quoted several cases in support of this opinion. The next author to whom
he would refer the jury was Mr. Baron Hume, the standard authority on
criminal law in Scotland. From the quotations read by the Lord Justice
Clerk, it was clear that Mr. Hume completely coincided with Sir George
Mackenzie as to the ancient practice: Mr. Hume states, that in later
times, some juries had taken upon them to deliver verdicts of not guilty
in such cases; but he clearly states, that such decisions were not in
conformity to the strict law of Scotland. Mr. Burnet, also a valuable
author, expressed himself much to the same effect with the other
authors. The law, therefore, on such matters, he considered to be quite
settled. The indictment charged Mr. Stuart with malice, but there was
not even an attempt to substantiate that part of it. On the contrary, it
appeared that he was utterly ignorant who the author of the calumnies
was, before he saw the papers in Glasgow. The jury would also keep in
view the nature of the offers made by Mr. Stuart, his conduct in the
field, as well as after the sad event; the contrition he expressed for
the fatal blow, and the total absence of all vindictive feelings on his
part. In the whole course of his practice he never had heard higher, or
more distinct and discriminate praise bestowed on any character; and, in
good taste, the evidence on this part of the case consisted of
gentlemen, who were opponents to the prisoner in politics. He lamented,
and the public groaned under, the lamentable licentiousness of the
press: he hoped it would cease.
The jury, after a few minutes’ consultation, without leaving the box,
returned an unanimous verdict of “Not Guilty.” The Lord Justice Clerk,
then turning to Mr. Stuart, congratulated him on the favourable result.
BETWEEN THE DUKE OF BEDFORD AND THE DUKE OF BUCKINGHAM.
May 2, 1822.