BETWEEN M. BENJAMIN CONSTANT AND M. FORBIN DES ISSARTS.
June 6, 1822.
On the 6th of June, after the sitting of the Chamber of Deputies, Benjamin Constant, the celebrated French political writer, demanded satisfaction of M. Forbin des Issarts, for a letter inserted in the Paris journal, the Quotidienne of the preceding day. Without any other explanation, the honourable deputies proceeded on the following morning to the ground. M. Benjamin Constant was accompanied by General Sebastiani and M. Girardin, and M. Forbin des Issarts by General the Count de Bethisy and Colonel Chemoin. M. Benjamin Constant being lame, he and his adversary were placed at ten paces distant on chairs. They fired together by signal: neither was hurt, and M. Benjamin Constant appearing satisfied, the seconds decided that the combat ought to terminate. According to the French journals, nothing could exceed the sang-froid that was manifested by the honourable deputies.
BETWEEN M. PINAC AND AN ENGLISHMAN.
July, 1822.
The following account of a fatal duel which took place in the town of Bagnères, in the department of Upper Pyrenees, is given in a letter to the editor of the Journal des Débats, of the 29th of July:—“A deplorable event has just taken place in this town. The unfortunate young Pinac was interred this day; having been killed in a duel with an Englishman. The affair did not arise out of any personal quarrel. The Englishman, whose name is not known, being in the reading-room of Frescati, wrote on the margin of a pamphlet relating to the battle of Toulouse, that ‘Every thing in it was false; that Lord Wellington had gained a complete victory; and that the French army was indebted to his generosity for not having been put to the sword.’ M. Pinac, a young officer, not in actual service, on being made acquainted with this circumstance, called the Englishman to account for having written these words. The authorities did every thing in their power to prevent the duel; but their precautions proved ineffectual, and Pinac, having received a ball in his belly, died some hours afterwards.”
BETWEEN GENERAL PEPE AND GENERAL CARASCOSA.
February, 1823.
In the year 1821, the Neapolitan general, Carascosa, announced his determination of calling out Lieutenant-General Pepe, late commander of the Neapolitan forces. Very shortly after General Pepe’s arrival in London, which was on the 1st of February, 1823, he received a letter from General Carascosa, in which that officer, after charging General Pepe with conduct injurious to his reputation, avowed his opinion that military revolutions were, in all cases, contrary to the principles of honour; and that any change in the government of Naples was unnecessary, still less in that of Spain. The letter concluded with a challenge in the usual terms. To this letter General Pepe replied, by declaring his opinion, that every free state was indebted for its liberty to military revolution, not excepting even England; that the Spaniards were now a prey to civil anarchy, only because certain individuals calling themselves Liberals were, in fact, hostile to the constitution of the Cortes; and that he had employed the authority which his rank and his command had given him at Naples, to resist the despotism of a government which, while it rendered the people miserable, was of no actual advantage to the reigning dynasty. He concluded by accepting the challenge.
On the 20th of February, the generals met. Count Santa Rosa, ex-minister of war of Piedmont, attended General Pepe, and M. Brunet, a French gentleman, General Carascosa. The weapons were swords, and the combatants engaged; but at the second pass, General Pepe’s sword snapped short near the guard; upon which the seconds interfered, and the combat, as is usual in such cases, was deferred.
A second meeting took place on the 28th of February, not far from Kew Bridge. On engaging, General Carascosa attacked with great impetuosity; but after several passes on both sides, General Pepe, seizing his adversary’s sword with his left hand, disarmed him, and placing the point of his sword at his breast, had his life in his power. Here the affair would have terminated, but General Carascosa, on recovering his sword, renewed the combat; which was warmly maintained, until he was finally disabled by a thrust from General Pepe in the right shoulder. General Pepe, seeing his adversary incapable of further defence, declined availing himself of his advantage; and thus the duel terminated.
BETWEEN COLONEL GRAVES AND CAPTAIN LACY.
May, 1823.
The following account of the proceedings taken by the Superior Court of Law for New Kent County, in consequence of a projected duel between Colonel Graves and Captain Lacy, is from the Virginia Times, of the 23d of May:—The Superior Court of Law for New Kent County tried and determined five several presentments, found by the grand jury against Colonel Richard Graves, in each of which the defendant was charged with a violation of the act to suppress duelling. The case, during the last session of the legislature, had been laid before that body by Captain Archibald Lacy, with the view of removing Colonel Graves from his seat. The several presentments charged Richard Graves; first, with sending a challenge to Archibald Lacy to fight a duel; second, to fight a duel with poison; third, with sending a challenge to Archibald Lacy to fight a duel in the following manner—that two cups should be filled, the one with pure water and the other with deadly poison, and that two tickets should be rolled up and put in a hat, and they, Graves and Lacy, should draw lots who should drink the cup of poison; fourth, with sending a challenge to fight a duel with knives, &c.; and fifth, for challenging him to draw a lot for a cup of poison, which cup was to be drunk by the person to whom the same should fall by allotment.
To these charges the defendant pleaded not guilty; and the evidence went to establish the said charges. Verdict, “Not Guilty.”
BETWEEN THE MARQUIS OF LONDONDERRY AND MR. BATTIER.
May 6, 1824.
A duel took place between the Marquis of Londonderry and Ensign Battier, late a cornet of the 10th Royal Hussars, in consequence of a letter which he had published, in reference to his dispute with the officers of that regiment, in which he had stated, that the noble lord “sheltered himself under his rank.” Sir Henry Hardinge, Secretary to the Ordnance, was the Marquis’s second, and the second of Mr. Battier was Colonel Western. They met at a distance of ten paces. Sir Henry gave the choice of his pistols to Colonel Western. The word was given. Lord Londonderry’s shot passed Mr. Battier on the right; while Mr. Battler’s pistol missed fire. The marquis requested his antagonist might have another shot; but this Colonel Western declined, on the part of Mr. Battier, and thus the firing ended.
On the 13th of May the following General Order was issued from the Horse Guards:—“The Commander-in-chief having received a report from Lieutenant-General the Marquis of Londonderry, that his lordship had accepted a challenge to fight a duel with Ensign Battier, late a cornet of the 10th Royal Hussars, upon a point which his lordship considered to be one of military duty, his Royal Highness has felt it incumbent upon him to submit to the King a transaction at variance with the principles of subordination, and therefore of a tendency injurious to the discipline of the army. The King has consequently conveyed to his Royal Highness his Majesty’s commands, to express his Majesty’s concern and displeasure, that an officer of Lord Londonderry’s high rank and military reputation should have committed himself in personal collision with an inferior officer, by accepting a challenge for any supposed aggression proceeding from the exercise of his authority as Colonel of the Regiment.”
The London Gazette of the 18th announced that the name of Mr. Battier was erased from the half-pay list of the army.
BETWEEN CAPTAIN GOURLAY AND MR. WESTALL.
October 30, 1824.
At the preceding Doncaster races, a Mr. Westall lost a bet of seventy guineas to Capt. Gourlay, who also lost a bet at the same time to a friend of Mr. Westall. Captain Gourlay and Mr. Westall met at the Bull Inn, Edinburgh, recognising each other with apparent friendship. After some conversation, the Captain reminded Mr. Westall of his bet; which that gentleman acknowledged, but added, that he was authorised by his friend to set off the bet which he had won from Captain Gourlay, against that which he, Mr. Westall, had lost. An altercation ensuing, the Captain applied the term swindler to Mr. Westall; who, in return, called the Captain a liar. On this the Captain, snatching up the poker, made a blow at Mr. Westall’s head: the poker missed its aim, but descending on his shoulder, was snapped in two by the force of the blow; which, for some minutes, rendered him insensible. On recovering, Mr. Westall went into the coffee-room; where, after much warm language, a meeting was arranged. The parties met at South Ferry; and, together with their seconds, crossed in the boat, and proceeded to an eminence; where, preliminaries being adjusted, the parties took their stations, and Captain Gourlay, receiving Mr. Westall’s ball, fell dead upon the spot.
BETWEEN MR. LAMBTON, AFTERWARDS EARL OF DURHAM, AND MR. BEAUMONT.
July 1, 1826.
At Alnwick, on the 30th of June, after the close of the election for the county of Northumberland, at which Mr. Beaumont, Mr. Liddell, Mr. Bell, and Lord Howick were the candidates, Mr. Beaumont, while Lord Howick was addressing the freeholders, advanced and said, “I will now drag forth, not Lord Howick, but the head and front of all these proceedings. I accuse Mr. Lambton of prompting Lord Howick; which I have seen him do at every sentence of his speech.” Mr. Lambton declared he had not. Upon which, Mr. Beaumont called out, “Mr. Lambton, gentlemen, says it is not the fact; I say it is false.” Mr. Lambton instantly stepped forward and said, “I am ready to wave any intention of addressing you upon a matter relating personally to myself, being perfectly confident, that what has just occurred requires a very different answer from any which it can receive from these hustings, and which, let Mr. Beaumont be assured, it most certainly shall have. Can any one who heard Lord Howick believe that he wanted any man’s whisper to give utterance to his sentiments? Whatever may be Mr. Beaumont’s reasons for his conduct, if he wishes to engage in a private quarrel, he shall not be baulked.”
Upon leaving the hustings, Mr. Lambton, accompanied by the Hon. Charles Grey, retired to a house, to which all the efforts of his family to trace him were ineffectual. At length it was ascertained that he had dispatched Captain Bacon Grey to Mr. Beaumont, desiring that gentleman to hold a friend in readiness to receive an immediate communication from General Grey, for whom the Hon. Charles Grey had rode off express to Howick. In less than an hour the General arrived in Alnwick, and had a conference with Captain Plunkett, on the part of Mr. Beaumont. The result was, an appointment for a hostile meeting at nine o’clock, at the Moor, three miles from the town. On reaching the ground, Mr. Lambton did not find Mr. Beaumont; but he shortly after received a communication from him by Captain Plunkett, stating that the Captain, finding Mr. Beaumont beset by a crowd on the way, had advised him to return, as no doubt the meeting would be disturbed. They, therefore, made the best of their way to Belford, North Durham; from which they passed to a field adjoining the strand at Bamborough; where, about three in the afternoon, and amidst heavy rain, Mr. Lambton and Mr. Beaumont were placed on the ground, at a distance of twelve paces, and immediately exchanged shots, without effect. Captain Plunkett was preparing to re-load Mr. Beaumont’s pistol, when General Grey stepped up to him, and said that enough had been done for the honour of the parties, and that Mr. Lambton had never thought of requiring an apology. Captain Plunkett replied, that his friend was there for the purpose of giving satisfaction; but that if General Grey thought proper to withdraw Mr. Lambton, he, Captain Plunkett, must necessarily withdraw Mr. Beaumont. Mr. Lambton was then withdrawn; and here the matter terminated to the satisfaction, it was believed, of all present, though not a word passed between the principals.
The following is the official statement signed by the seconds:—“In consequence of some language which occurred on the hustings at Alnwick yesterday, a meeting took place this afternoon at Bamborough, between John George Lambton, Esq., M.P., and Thomas Wentworth Beaumont, Esq., when, after an exchange of shots, the affair terminated to the satisfaction of the seconds.—July 1, 1826.”
BETWEEN THE MARQUIS DE LIVRON AND M. DU TRONE.
November 18, 1826.
A duel between the Marquis de Livron and M. Du Trone took place at mid-day, in the forest of Senart, near the château of Madame de Cayla. The whole affair had the appearance of an act of madness, and resembled more a tournament than a modern duel. M. Du Trone, the young advocate, was habited in the costume of a Greek chief: each combatant was mounted on horseback, and had three seconds. The parties were armed with sabres, and, on the onset, M. Livron was dismounted by the concussion of the horses. Both were slightly wounded, and the seconds then thought proper to interfere. What adds to the singularity of this duel is, that it took place in the presence of a hundred and fifty spectators.
BETWEEN MR. BRIC AND MR. HAYES.
December 26, 1826.
At Dublin, on the 26th of December, Mr. Bric, the counsellor, fell a victim to false notions of honour. On the preceding day, he was returning from the post-office, when the Cork mail drove up. Mr. Hayes, with other gentlemen, were talking of the contested election at Cork; and the majority of Hutchinson over Callaghan being announced, Mr. Bric said, rather hastily, that “he rejoiced at the prospect of the defeat of that rascal Callaghan;” alluding to his decided hostility to the claims of the Roman Catholics. Mr. Hayes, a cousin and active friend of Mr. Callaghan, looking at Mr. Bric, replied, “Whoever calls Mr. Callaghan a rascal is a scoundrel and liar.” He then handed his card to Mr. Bric, who returned his own. On the following morning, at half-past seven, they met in a field near the Broadstone, at Phibsborough, on the north side of the town. The ground being measured, the combatants took their position. Mr. Bric was previously observed to shake hands with several of his friends, the sight of whom agitated him a little. He mistook the signal “present” for “fire,” and for an instant elevated his pistol; but, discovering his mistake, again dropped it, and apologized for having been premature. The signal was given immediately afterwards. Mr. Bric fired: his ball entered the earth, and after drawing the trigger, he wheeled round and threw up his left arm, thereby exposing his person to his adversary’s fire. Mr. Hayes’s ball entered Mr. Bric’s left side, and, passing through his body came out under his left arm. He reeled, dropped his pistol, and went down gently. He at first was not conscious of the extent of his danger, and said rather calmly, he hoped the wound would not prove serious. The surgeons, however, on examining it, pronounced it fatal; and he expired in less than an hour. Mr. Bric was a native of Tralee. In 1819, he came to England, and attached himself, in quality of reporter, to one of the London daily journals. On his return to Dublin in 1824, he was called to the bar, and almost immediately took a leading part in the agitation of the Roman Catholic question.
BETWEEN M. GOULARD AND M. CAIRE.
February 21, 1827.
The following duel took place near Paris. A student of pharmacy, named Goulard, while playing at billiards, quarreled with a young medical student of the name of Caire. Their mutual friends having in vain tried every means of persuasion to prevent the consequences of the dispute, accompanied the young men without the walls of Paris. Goulard seemed disposed to submit to an arrangement, but Caire absolutely refused. The seconds measured the ground, and the first shot having been won by Goulard, he fired, and Caire fell down dead. Goulard did not appear during the prosecution; he continued absent on the day fixed for judgment, and the court, conformably to the code of criminal proceedings, pronounced on the charge, without the intervention of a jury. It acquitted Goulard of premeditation; but condemned him, for contumacy, to perpetual hard labour, and to be branded.
BETWEEN THE DUKE OF WELLINGTON AND THE EARL OF WINCHILSEA.
March 21, 1829.
In consequence of the part which the Duke of Wellington took, as Minister of the country, in bringing in the Roman Catholic Relief Bill, the Earl of Winchilsea, who was strongly opposed to the measure, addressed a letter, on the 14th of March, to the Secretary of the Committee for establishing the King’s College, London, which contained the following passage:—
“I was one of those who, at first, thought the proposed plan might be practicable, and prove an antidote to the principles of the London University. I was not, however, very sanguine in my expectations, seeing many difficulties likely to arise in the execution of the suggested arrangement; and I confess that I felt rather doubtful as to the sincerity of the motives that had actuated some of the prime movers in this undertaking, when I considered that the noble Duke at the head of his Majesty’s Government had been induced, on this occasion, to assume a new character, and to step forward himself as the public advocate of religion and morality. Late political events have convinced me, that the whole transaction was intended as a blind to the Protestant and high-church party; that the noble Duke, who had, for some time previous to that period, determined upon ‘breaking in upon the constitution of 1688,’ might the more effectually, under the cloak of some outward show of zeal for the Protestant religion, carry on his insidious designs for the infringement of our liberties, and the introduction of Popery into every department of the state.”
This letter was published in the newspapers, and gave rise to the following correspondence:—
“My Lord,
“I have just perused, in the Standard newspaper of this day, a letter addressed to Henry Nelson Coleridge, Esq., dated Eastwell Park, March 14, signed Winchilsea and Nottingham; and I shall be very much obliged to your lordship if you will let me know whether that letter was written by you, and published by your authority.
I am, &c. Wellington.”
“My Lord,
“I wrote to your lordship, on the 16th, a letter, of which I enclose a duplicate, as, not having yet received an answer from your lordship, I am apprehensive that the original may not have reached you, although I directed it to your house in Suffolk Street. I am just going to Windsor to attend his Majesty, but I shall be in town this night.
I am, &c.
“Wellington.”
“My Lord,
“The enclosed is a copy of the answer which I returned, by this day’s post, to your grace’s letter, which only reached me this morning. I intend leaving this place for London to-morrow morning, and expect to be at 7, Suffolk Street, between four and five in the afternoon. I have, &c.
(4.) FROM THE SAME TO THE SAME.
“My Lord,
“I have the honour to acknowledge the receipt of your grace’s letter of the 16th instant, and I beg to inform you that the letter addressed to H. N. Coleridge, Esq. was inserted in the Standard by my authority. As I had publicly given my approbation and sanction to the establishment of the King’s College, London, last year, by his Grace the Duke of Wellington’s becoming a subscriber to it, I thought it incumbent upon me, in withdrawing my name, also publicly to state my reasons for so doing.
“I have, &c.
Winchilsea and Nottingham.”
“My Lord,
“I have had the honour of receiving your lordship’s letter of the 18th instant. Your lordship is certainly the best judge of the mode to be adopted of withdrawing your name from the list of subscribers to the King’s College. In doing so, however, it does not appear necessary to impute to me, in no measured terms, disgraceful and criminal motives for my conduct in the part which I took in the establishment of the college. No man has a right, whether in public or in private, by speech, or in writing, or in print, to insult another, by attributing to him motives for his conduct, public or private, which disgrace or criminate him. If a gentleman commits such an act indiscreetly, in the heat of debate, or in a moment of party violence, he is always ready to make reparation to him whom he may thus have injured. I am convinced that your lordship will, upon reflection, be anxious to relieve yourself from the pain of having thus insulted a man who never injured or offended you.
I have, &c.
“Wellington.”
Sir Henry Hardinge delivered No. 5. to the Earl of Winchilsea, and was referred by his lordship to the Earl of Falmouth. The following memorandum is the substance of the communication made by Sir Henry Hardinge to Lord Falmouth.
“Lord Falmouth having expressed a desire to know the extent of reparation that would be expected, two suggestions, of what appeared to Sir Henry Hardinge to be the most natural mode of reparation, were drawn out, upon the distinct understanding that they were not made with a view to confine Lord Winchilsea’s explanation, either as to the terms or manner therein stated, but as suggestions as to the course which might be pursued in bringing the matter to a satisfactory conclusion. Sir Henry Hardinge, therefore, on the part of the Duke of Wellington, expects one of the two following alternatives:—Either that Lord Winchilsea should forthwith write to the Secretary of the King’s College, and express his desire to withdraw his public letter, as one which attributed motives highly offensive to the Duke of Wellington, and stating also that, upon reflection, he was not justified in attributing such motives to his grace, and therefore expresses his regret at having done so; or, that Lord Winchilsea should write directly to the Duke of Wellington himself, and make the same acknowledgments to his grace, with a similar expression of his regret for having attributed motives highly offensive to his grace, relating to the occasion of his grace having presided at the meeting of the King’s College in ——, last, —— [which motives he is now sensible he was not justified in imputing to his grace]. In either case, it is expected that a letter, so written, should be published by the Secretary of the London College in the Standard, being the same paper as that which contained Lord Winchilsea’s original letter.
“Thursday, half past nine o’clock, evening.”
“Friday morning, March 20. The paragraph within crotchets was not desired to be retained in the last interview with Lord Falmouth last night.
“Whether I may determine to give an explanation of my letter published in the Standard on Monday last, will depend upon the correctness of my belief that I had grounds for the opinions complained of by the noble duke, as therein supposed. I am ready to allow that I was mistaken in my view of the noble duke’s conduct, as expressed in my letter to Mr. Coleridge, on the 14th instant, and to state my regret at having so expressed it, provided the noble duke will state on his part, that at the time he came forward to preside at the meeting for the establishment of King’s College, London, he did not contemplate the measures which are now in progress for Roman Catholic emancipation; or, to use Mr. Peel’s words, ‘for breaking in upon the constitution of 1688;’ but without some statement to that effect from the noble duke, I cannot withdraw the expressions contained in the above letter.
“Sir Henry Hardinge has read me a memorandum written by Lord Winchilsea, and delivered to him by Lord Falmouth, from which it appears that his lordship is anxious that I should justify myself from the charges against me contained in his lordship’s address to Mr. Coleridge, published in the Standard newspaper. I may lament that a nobleman for whom I feel the highest respect, entertains a bad opinion of me; but I do not complain, so long as that opinion is not brought before me. I cannot admit that any man has a right to call me before him to justify myself from the charges which his fancy may suggest. That of which I complain is, that the Earl of Winchilsea and Nottingham should have published an opinion, that I was actuated by disgraceful and criminal motives in a certain transaction which took place nearly a year ago. His lordship, unprovoked, has insulted me by stating in writing, and authorising the publication of, this opinion. For this insult I believed, and am not willing to part with the belief, that his lordship will be anxious to give me reparation.
“Sir Henry Hardinge delivered to Lord Falmouth a memorandum, on the 20th of March, from the Duke of Wellington, in reply to one from Lord Winchilsea last night; in the latter of which it was proposed, as a preliminary to any explanation, that the Duke of Wellington should disclaim having contemplated the intentions attributed to his grace by Lord Winchilsea, which mode of reparation was considered inadmissible. In the memorandum of the Duke of Wellington, his grace states that his cause of complaint is in the publication of opinions highly offensive to him. Whenever, therefore, any terms or mode of reparation, which Lord Winchilsea may be disposed to offer, are communicated to Sir Henry Hardinge, he will make them known to the Duke of Wellington, and inform Lord Winchilsea whether they are satisfactory or not.
“N.B. The original of this delivered to Lord Falmouth.”
“Out of respect for the Duke of Wellington, Lord Falmouth has taken to Lord Winchilsea the Duke of Wellington’s memorandum, put into his hands by Sir Henry Hardinge this morning at the War-office, with Sir Henry’s own note thereon. In reply, Lord Winchilsea does not feel himself in a situation to comply with the expectation therein expressed, as to the withdrawal of his public letter. Lord Winchilsea, therefore, desires that Lord Falmouth will decline so doing on his (Lord W’s) behalf.
“My Lord,
“I feel it to be my duty, before I make a final communication to your lordship, to ascertain, beyond the possibility of a doubt, that Lord Winchilsea declines to give the reparation which the Duke of Wellington considers himself entitled to receive. I am, my lord, your obedient servant.
Henry Hardinge.”
“Sir,
“In reply to your note, stating that you wish to ascertain positively whether Lord Winchilsea declines to give the reparation which the Duke of Wellington considers himself entitled to receive, I feel myself unable to say more than to refer you to the note which I delivered to you, as signed by him, in answer to the Duke of Wellington’s memorandum of this day; and that if by the word ‘reparation,’ any withdrawal of Lord Winchilsea’s public letter, or expression of regret for its contents, be expected, he does not feel himself in a situation to comply with such expectation. I am, sir, your obedient humble servant,
“My Lord,
“I send your lordship a letter from the Duke of Wellington to Lord Winchilsea. I communicated to his grace the note of three, P.M., declining on Lord W.’s part to make any reparation, or give any explanation, &c. of his lordship’s conduct towards the Duke of Wellington; and, in order to avoid the possibility of any mistake, I repeat what has already been verbally arranged between us, that the Duke of Wellington will be at the place appointed at eight o’clock to-morrow morning.
H. Hardinge.”
“My Lord,
“Sir Henry Hardinge has communicated to me a memorandum, signed by your lordship, dated one, P.M., and a note from Lord Falmouth, dated three, P.M. Since the insult, unprovoked on my part, and not denied by your lordship, I have done every thing in my power to induce your lordship to make me reparation, but in vain. Instead of apologising for your own conduct, your lordship has called upon me to explain mine. The question for me now to decide is this—Is a gentleman, who happens to be the King’s minister, to submit to be insulted by any gentleman who thinks proper to attribute to him disgraceful or criminal motives for his conduct as an individual? I cannot doubt of the decision which I ought to make on this question. Your lordship is alone responsible for the consequences, I now call upon your lordship to give me that satisfaction for your conduct which a gentleman has a right to require, and which a gentleman never refuses to give. I have the honour, &c.
“Wellington.”
“Sir,
“When I received the favour of your note, with its enclosure, soon after eight o’clock this evening, I had just sat down to dinner, and being in company I could not read it without exciting some suspicion, till some time afterwards. I had then to find Lord Winchilsea. All which I mention in excuse for delay, in case you should think it of importance; but I apprehend that, after an arrangement made before five o’clock this afternoon, his grace’s letter to Lord Winchilsea, calling upon him for satisfaction in the usual way, was meant merely as a customary form on such occasions. All matters will take place of course to-morrow morning at eight o’clock, according to that arrangement. I have the honour to be, &c.
“My Lord,
“I have the honour to acknowledge the receipt of your grace’s note. I have already had occasion to communicate to your grace, that, under existing circumstances, I did not feel myself in a situation to comply with what was required of me in regard to my public letter. The satisfaction which your grace has demanded, it is of course impossible for me to decline. I have the honour to be, &c.
The Duke of Wellington and the Earl of Winchilsea met at the place appointed (Battersea fields), on the following morning. The parties having taken their ground. Lord Winchilsea received the Duke of Wellington’s fire, and fired in the air. After some discussion, the accompanying memorandum was delivered by Lord Falmouth to Sir Henry Hardinge, and accepted by Sir Henry, as a satisfactory reparation to the Duke of Wellington:—
“Having given the Duke of Wellington the usual satisfaction for the affront he conceived himself to have received from me, through my public letter of Monday last, and having thus placed myself in a different situation from that in which I stood when his grace communicated with me, through Sir Henry Hardinge and Lord Falmouth, on the subject of that letter, before the meeting took place, I do not now hesitate to declare, of my own accord, that, in apology, I regret having individually published an opinion which the noble duke states, in his memorandum of yesterday, to have charged him with disgraceful and criminal motives in a certain transaction which took place nearly a year ago. I also declare that I shall cause this expression of regret to be inserted in the Standard newspaper, as the same channel through which the letter in question was given to the public.”
A copy of the preceding correspondence having been sent by Sir Henry Hardinge to the evening papers of the same day, the following memorandum was published by Lord Falmouth on Monday the 22nd:—
“Lord Falmouth first became concerned in the affair between the Duke of Wellington and Lord Winchilsea shortly before he met Sir Henry Hardinge on the subject, on the evening of Thursday, the 19th. Until that time, Lord Falmouth knew nothing whatever either of the previous correspondence, or of the publication which had led to it, beyond having seen the letter in the Standard newspaper. It may seem material to state, that when Sir Henry called upon Lord Falmouth, at twelve o’clock at night, with the proposal to omit the words affixed to No. 6 in parenthesis, it was after Lord Winchilsea’s answer, No. 7, had been shown to the Duke of Wellington. This point is not quite clear in the publication of Saturday. Immediately after Lord Winchilsea had received his grace’s fire, and had fired in the air, Lord Falmouth was the first to propose satisfactory reparation for Lord Winchilsea’s publication of his opinion in the Standard newspaper. Lord Falmouth distinctly declared on the ground, that it never was a question with him whether that publication was wrong, but merely whether Lord Winchilsea was in a situation honourably to subscribe to the terms proposed, after he (Lord Falmouth) was requested to undertake the business. Before the parties took their ground. Lord Falmouth delivered a sealed letter, which he had received from Lord Winchilsea on Friday night, to Sir Henry Hardinge, who returned it after the affair had been settled.”
BETWEEN CAPT. HELSHAM AND LIEUT. CROWTHER.
April 1, 1829.
A duel, attended with a fatal result, took place at Boulogne, on the 1st of April, between Captain Helsham and Lieutenant Crowther. It arose out of an objection made by the former to the admission of the latter to a club established at Boulogne. The objection was, that the lieutenant had been assaulted in England, and had not behaved like an officer or a gentleman, by challenging the assaulter. The lieutenant demanded an apology: this the captain refusing to make, a duel ensued, and Lieutenant Crowther fell. On the 8th of October 1830, Captain Helsham was tried, by a special commission, at the Old Bailey, on a charge of murder, under the Act of the 9th of George IV., in which it is provided, “that if any of his Majesty’s subjects should be charged in this country with the murder or manslaughter of any fellow-subject on land abroad, and beyond his Majesty’s prerogative, it should be lawful, although such murder or manslaughter be in a foreign land, to try such party accused of either of these offences in England.”
Mr. William Coksley, a resident at Boulogne, gave the following evidence:—“I saw the parties on the ground. There were many individuals present. Mr. Malony put a pistol into Lieutenant Crowther’s hand, who soon after fired it off. I observed Captain Helsham’s arm raised; and after some short time his pistol was fired, and Lieutenant Crowther fell. The ball had passed through his neck; he never spoke afterwards, and died within half an hour. Captain Helsham walked off the ground immediately, having told his servant to take his pistols home.”
Mr. Malony, an officer of the 5th Dragoon Guards, who acted as second to the deceased, said:—“The deceased consulted me, as a friend, on the 31st of March, respecting something that affected his character. In consequence of what he told me, I went to Holt’s hotel to meet Mr. Grady; but before I saw him, Colonel Conway and Captain Helsham came to me. The captain said, that Lieutenant Crowther was not a fit person for him to apologize to, or to fight; and he assigned as a reason for it, that he had been horsewhipped, and had not resented it as a gentleman and an officer ought to do. I told him, that Lieutenant Crowther assured me, upon his honour, it was false; and I solicited him to make an apology. Colonel Conway asked me, whether I came to deliver a hostile message? I replied, I came there the messenger of peace; and I renewed my endeavours to prevail on the captain to apologize. Upon which the prisoner said: ‘An apology, sir! nonsense!’ At length, I delivered a message, that, if he would not apologize, Mr. Crowther expected he would meet him in the field. After some further conversation, the captain said: ‘Well, I give him warning. I am ready to meet him, but I will make it an affair of business.’ After this, Mr. Grady and myself made an arrangement for the parties to meet the next day at eleven, at Napoleon’s column. I accompanied Lieutenant Crowther to the spot. A number of individuals, a dozen at least, both on horseback and foot, were present. Mr. Grady said that the captain would have no firing, unless it was separate. We then proceeded to arrange the manner in which the duel was to be fought. The captain was in the ditch with us, when we were loading the pistols. I observed to him, that this was contrary to all duelling usage. He said, he did not care a damn for the usage; he would see them loaded. The distance agreed upon was twelve paces. The parties were to stand with their pistols even down by their sides, until Mr. Grady pronounced the words, ‘Now, gentlemen!’ and on those words being pronounced they were to raise their arms, and fire as nearly together as possible, and no second aim was to be taken. The parties were then placed. Mr. Grady pronounced the signal loud enough for both to hear. Lieutenant Crowther immediately raised his arm with rather a quick motion, fired, and then lowered his arm. Captain Helsham did not fire till some time after. Not hearing the report of his pistol immediately after that of Lieutenant Crowther, I looked about, and observed the captain’s pistol pointed towards his opponent in a position that, had he fired, the ball would have fallen short, his arm not being fully raised. He leaned his head to the right to get a good view of the lieutenant, raised his arm gradually, and did not fire for some seconds, until he had fairly covered his man; that is, got his pistol in a direction to him, and was looking along it. He appeared to take a deliberate aim. He fired, and Mr. Crowther fell. 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.
This day, a duel, which terminated fatally, was fought in Battersea fields, between Mr. Lambrecht, who had formerly served as a lieutenant in the 43rd regiment, in America and at Waterloo, and Mr. Oliver Clayton, a literary gentleman from Ireland. Before daylight, Mr. Clayton proceeded with his second, Mr. Bigley, to Battersea fields, where Mr. Lambrecht and his second. Lieutenant Cox, were waiting his arrival. It was a little after six when all the parties took the ground. After a short conversation, the signal being given, the pistols were fired; and Mr. Lambrecht’s ball passing through Mr. Clayton’s body, he immediately fell. He was conveyed to the Red House, where he died at seven in the evening. The quarrel took place at Wood’s hotel, Panton Square, during a discussion respecting the Roman Catholic Emancipation Bill, of which the deceased, who had renounced that faith, had been a warm opponent. During the discussion, Mr. Lambrecht called him a hypocrite; and this led to the duel. The jury who sat on the body brought in a verdict of “Wilful murder” against Mr. Lambrecht, the principal, and Lieutenant Cox and Mr. Bigley, the seconds; and the coroner’s warrant was issued for their apprehension. On Wednesday, the 13th, Mr. Lambrecht, who had surrendered himself, was brought to Union Hall for examination. After the duel, the unhappy man returned to town; but withdrew from his usual residence, fearing that he should be discovered, and wandered about the streets for three nights. On Tuesday evening, being quite exhausted, he went into a public-house, where he drank to excess, and then gave himself up to a police-officer. After making the statement which will hereafter be given, Mr. Chambers, the magistrate, told him that it was a most serious business, and that he must prepare himself for the worst, as the law would be carried to the fullest extent. The parties were all committed to prison, to take their trial for the offence.
The said trial took place at Kingston assizes, on the 2nd of April, before Mr. Justice Bayley. After Mr. Gurney had stated the case, Mr. Thomas Powell, surgeon at Battersea, gave the following evidence:—“On the morning of the 8th of January last, I received a communication which induced me to go out shortly before seven o’clock. I went to the back of the Red House, Battersea, and found there but three persons, one of them lying on a board, wounded, with a coat or cloak over him. The wounded gentleman was taken into the house, and laid on a bed. I found him wounded on the right side of the belly. It was a small wound, into which I could have passed the point of my finger. There was a wound also on the left side. There was nothing to enable me to say it was a gun-shot wound, had I not known it from other circumstances; but it might have been produced by a bullet passing through the body. I immediately pronounced it to be a mortal wound. My answer to the inquiry of the wounded gentleman was, that it must prove mortal. He asked me, how long I thought it probable he might survive. I told him I could not speak positively, but I should suppose he could not survive more than twelve hours. The wounded gentleman, who told me his name was Clayton, requested that a clergyman of the Church of England might be sent for. The clergyman came, and I went into another room. I returned shortly after, when he begged that there might be no prosecution, and said that every thing had been conducted fairly and honourably, and that he was to blame, in being so obstinate as to refuse the apology which had been offered to him. At this time he was aware he could not live. About two hours before he died he desired that certain persons might be written to, and that it might be stated to them, that part of the quarrel was his being called a hypocrite. I asked him by whom. The answer was, ‘By the man who shot me, Lambrecht.’”
Thomas Skinner was next examined.—“I work for the landlord of the Red House; and about half-past six o’clock on the morning of the 8th of January, when going to my work, I saw the flash of two pistols at one and the same time, and I heard the reports of both. I was nearly three hundred yards distant. I turned my back towards them, and one of the bullets appeared to pass me. When I went towards the place where the firing was, I saw four men bringing up a man on a board. They asked me if the house was open. I told them it was not, and they desired me to knock the people up. I did so; and then they brought the wounded gentleman up, and placed him in the house. He groaned very much, and said, ‘Don’t shake me.’”
Several other witnesses were examined; and the following statement, signed by the prisoner, was put in and read:—
“The prisoner, Richard William Lambrecht, being cautioned by the magistrates to be careful of what he said, and to offer nothing to criminate himself, said, ‘What I state is the whole truth. I was acquainted with Mr. Clayton. I saw him receive a horse-whipping, which he did not resent. I mentioned it to Mr. Clayton on Christmas evening, and after that he sent me a message, to which I returned another by Mr. Odell. Another person, nearly a fortnight after, took it up, and was my friend in the business. After that, the meeting took place; and Mr. Byrne, when on the ground, came up to me, and said, ‘Is it come to this?’ and I said, that I would make a written apology to no man. After the business took place, I went up to Mr. Clayton and shook hands with him, and he said, ‘I forgive you, my dear friend; I forgive you.’ The message to me by Mr. Odell was from Mr. Clayton; but Mr. Odell advised Mr. Clayton not to fight, refused to have anything to do with it, and was not on the ground. I offered an apology through my friend. I said, I regretted what had taken place; that the words were uttered in a moment of intemperance, and that I was willing to apologize; which was refused by the other party. I sent this message through my friend. The answer I received was, that it must proceed, as nothing would be taken but a written apology. As far as I know about the business, both our pistols went off at the same time. It was a chance shot, as it was dark, and we could not see.”
Several witnesses were then called, who had long known the prisoners, and described them as persons of a humane and peaceable disposition.
Mr. Justice Bayley summed up, and closed his observations on the evidence with telling the jury that the question for them to decide was, by what means did Mr. Clayton come by his death? If they were of opinion that he came by his death by a bullet from the pistol of Mr. Lambrecht, and that Mr. Lambrecht met him on the ground with the intention, if the difference could not be settled, of putting his life against Mr. Clayton’s, and Mr. Clayton’s against his, he was bound, as a lawyer and a judge, to tell them, that Mr. Lambrecht was guilty of the crime of wilful murder, and that they were bound to find him guilty of that crime under the present indictment.—With respect to the prisoner Cox, Lambrecht’s second, however desirous he might have been for a reconciliation, and however he might have expected that an apology would be accepted, still, if he allowed himself to continue on the ground when he found that reconciliation was hopeless, and acted on the occasion as a second, he must be considered as aiding and abetting in that transaction; which, in the case of Lambrecht, amounted to the crime of wilful murder.—Then, with respect to the prisoner Bigley, Mr. Clayton’s second, he acted as a go-between, and no other person was there on the part of Mr. Clayton. What, then, was the common purpose of the parties at the time, and was Bigley aiding and abetting? If the common purpose was, that the life of Lambrecht and Clayton should be respectively put in hazard, then Bigley was as much aiding and abetting as Cox. The learned Judge concluded by telling the jury to take the case into their careful consideration; and if they were satisfied that Mr. Clayton came to his death by the shot of Lambrecht in the duel, and that Cox and Bigley were aiding and abetting on that occasion, they must find, or at least ought to find, a verdict of guilty.
The jury, after deliberating in the box for a few minutes, expressed a wish to retire. Before they went out, one of them said, they wished to know whether they might return a verdict of guilty generally, or whether they must say guilty of murder? Mr. Justice Bayley told them, that if there had been any circumstances in the case to reduce the crime to manslaughter, he should have stated them for their consideration; but he had found none. The juryman who had asked the question said, that the object of it was, to know whether they might find a verdict of manslaughter. The jury, after deliberating three hours and a half, returned a verdict of “Not guilty.”
BETWEEN CAPTAIN SMITH AND STANDISH O’GRADY, ESQ.
March 17, 1830.
At the Commission Court, in Dublin, on the 21st of August, Captain Smith and Captain Markham, of the 32d regiment of Foot, were tried for killing Standish O’Grady, Esq. in a duel. Mr. North stated the case for the prosecution. The late Mr. O’Grady, a young gentleman of about twenty-eight years of age, and a member of the bar, had, on the 17th of March, ordered his horse, for the purpose of driving out and taking his morning exercise. He was riding up Nassau Street, towards Merrion Square, when he met a cabriolet with Captain Smith and Captain Markham in it. Mr. O’Grady was riding on the left-hand side, which is adjacent to the wall of the College park. There was a carriage on the other side of the street, which narrowed the way the cabriolet should pass, and brought it near the wall, by which Mr. O’Grady was riding. It pressed so near that side, that, in trying to pass it, he was obliged to put his horse on the pathway. In the attempt, the horse missed his footing, and he feared would have fallen and thrown him; and he leaned forward to right himself in the saddle. He had in his hand a small whip; and, in pressing forward, it struck the head of the cabriolet. In this collision, Mr. O’Grady did not say one word to the gentlemen in it. The horse recovered its footing, and he his seat; and he went on at a gentle walk. The gentlemen in the cabriolet drew up as suddenly as its rapid motion would permit; and Captain Smith having jumped out of it, with the gig-whip in his hand, overtook Mr. O’Grady a little beyond Morrison’s Hotel. He did not call him; he did not expostulate with him; but he struck him on the back repeatedly, with great violence,—not once or twice, but many times. When he turned, he saw Captain Smith running back to his cabriolet. He asked him, who he was? Captain Smith said, he knew him well; but, on the question being repeated, he said, “Captain Smith, of the 32d regiment.” Mr. O’Grady rode to his father’s house, and sought for a military friend, Lieutenant Macnamara, of the 8th Hussars; who, in the course of the day, had an interview with Captain Smith, and Captain Markham, who acted as his friend. The meeting took place at six o’clock in the morning. It was understood, that no persons were to be on the ground but the principals and their seconds. Captain Markham acquainted Mr. O’Grady, that the signal to be given was, “Ready!—fire!” When the arrangements were completed, the principals came into the field, at a signal to that effect, and took their places on the ground. The pistols were placed in their hands, while Captain Markham and Lieutenant Macnamara stood by as seconds. Captain Markham then gave the first signal; but, from whatever cause, he did not give it in the terms fixed on. He said, “Gentlemen, are you ready?” or, “Are you ready, gentlemen?” Mr. O’Grady conceived the words were to be, “Ready!—fire!” and that this was a preliminary inquiry. Captain Smith, however, did not labour under this mistake: he levelled his pistol, and covered Mr. O’Grady for a few seconds. Mr. O’Grady, perceiving his antagonist prepared, raised his pistol; but, before he had levelled it. Captain Markham, whose eye was upon him, gave the signal. Captain Smith fired, and Mr. O’Grady fell. He lived till about three o’clock on the following day, when he expired.
Evidence was adduced in corroboration of the above statement. The jury returned a verdict, finding both prisoners guilty of manslaughter; and they were sentenced to be imprisoned in the gaol of Kilmainham for the space of twelve months. The announcement of the sentence was received with cheers from some parts of the court. Captain Smith, who, during the latter part of the trial, had evinced considerable emotion, as soon as the sentence was pronounced, clapped his hands to his forehead, and in an agony exclaimed, “Oh God! my God! take my life! Is it come to this?” Then, throwing himself into Captain Markham’s arms, he cried, “Oh Markham! my dear Frederick, have I brought you to this? Oh! I wish to God they would take my life! Shame and disgrace, and every thing else, have come upon me!” The unfortunate gentleman then covered his face with his handkerchief, and burst into tears. Judge Vandeleur added, that, in passing the sentence, he ought, perhaps, to have said, that the conduct of the prisoners, when in the field, was such as to leave no stain upon their character.