The ball passed through
his neck.”
For the defence it was urged, that there had been no animosity on the
part of the prisoner; who had only obeyed the laws of society, according
to the best of his judgment. The circumstances of the duel had been
examined by the authorities at Boulogne, who considered that it had been
fairly fought, and had therefore liberated him. Colonel Conway stated,
that he had said, in a conversation with Mr. Malony, that it was a pity
two young men should fight upon a matter of so little importance; to
which the latter had replied, that if Captain Helsham refused a meeting,
he should be posted in the town, and publicly horsewhipped. The captain
came out of the room at the time, and heard the observation. After a
number of respectable witnesses had given the prisoner an excellent
character for kindness, generosity, and humanity.
Mr. Justice Bayley charged the jury. They must first, he said, be
satisfied that both the prisoner and the deceased were natural-born
subjects of this realm; secondly, they must be quite certain that the
deceased was killed by the hand of the prisoner; and thirdly, that the
prisoner had so acted as to be guilty of the crime of murder.
Intentionally using means calculated to produce death, if that result
ensued, did most undoubtedly constitute the crime of murder. With regard
to the present case, it appeared, beyond all doubt, that it had arisen
out of a duel. Now, he was bound as a lawyer to tell the jury, that, if
parties went out to fight a duel, and death was the result of that
meeting, the surviving parties were equally guilty of the crime of
murder, whether fair or foul means had been used. If they found the
prisoner guilty, they might accompany their verdict with any
recommendation they thought proper.—The jury, having remained out of
court for the space of about twenty minutes, returned with a verdict,
finding the prisoner “Not guilty.”
BETWEEN MR. LAMBRECHT AND MR. CLAYTON.
January 8, 1830.