But, in the mean time, what is the situation of the young man and the
seconds? Divinity and Law have long ago settled the question—they are
murderers. A warrant is issued for their apprehension; they possess,
however, good friends who have spare attics, and the warrant cannot
reach them. But their mothers, sisters, mistresses, and maiden aunts,
who read in the papers that the coroner’s inquest has returned a verdict
of “Wilful murder against John Smith, Charles Jones, and William Brown,”
are in despair. The horrible visions of black caps, chains, and gibbets,
flit before their eyes; and, in short, whole families are thrown into
unaffected and very severe affliction. In the midst of all this
suffering the assizes approach, and the accused surrender themselves for
trial. The “unfortunate gentlemen” (to use the phraseology of the
newspapers) appear at the bar, “dressed in genteel mourning, and deeply
affected with their awful situation.” The counsel for the Crown details
the case, lays down the law, “under the authority of his Lordship,” and
then concludes by telling the jury, that, “if the facts are as he has
stated them, he cannot see how they will avoid pronouncing the verdict
of _guilty_; but he fervently hopes that something may arise to relieve
them from so painful a duty.” In the examination of the evidence
everybody is aware that the Judge, the counsel on both sides, and the
witnesses, are straining all their ingenuity to prevent a verdict
against the prisoners; and everybody sympathises with their endeavours.
His Lordship, in his charge to the jury, explains to them again that
every man killed in a duel is murdered; but he at the same time shows
that there are some technical defects in the evidence, which he places
before them in a strong light. The jury “turn round for a few minutes,”
and find a verdict of “Not guilty.” Upon this there is considerable
applause manifested among the auditory, “which meets with the marked
reprehension of his Lordship,” who threatens to commit the offenders.
The court is now cleared, all the world is pleased to find that poor
Smith is acquitted, agrees that duels are horrid things, and hopes that,
as they become so common, the Judge will direct the very next man who
fights one to be hanged.
In this little sketch, extravagant as it would appear to any rational
being who had never heard of the practice of duelling, we have tried not
to “o’erstep the modesty of nature.” How we have succeeded, our readers
must determine; but if we have erred we shall at least have no excuse;
for, judging from what has been done by others, it should seem
impossible either to preach, legislate, or write on the subject without
being betrayed into some absurdity.