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Trial of Mr. Richard England,

271 tunity of hearing what was said by fever, that he was a long time afraid the person who shot Mr. Rowles; he would not be able ever again to when the witness went towards do his business. Mr. Rowles, he did not see much Mr. Justice Rook observed, from life in him. He then saw two the witness's account of his memory, gentlemen come from the field, it was hardly worth while to put put their pistols in a box, put it to him another question. into a chaise, and make the best of John Sandiford was called up their way towards London. He again, and he said, that the pistol did not hear one word pass be. that was fired last was a considertween the gentlemen all the time able time before it was fired, so that he could understand. He that there might be a good aim should not know any of the gentle taken. men again. He knew Mr. Rowles William Scragg faid, he lived very well, but not

one of the

at Cranford Bridge in June, 1784; others.

he was gardener there. He was John Farmer said, that he lives there on the morning when this at Hounslow. He recollected the duel happened; he was at work at time when this business happened Mr. Goddard's garden, nailing at Cranford Bridge; he was at trees against the wall. He did not work at the inn at the time know these gentlemen. He saw making some harness. He faw both the gentlemen with pistols, the duel that took place in the and saw them while they fought field. He heard the report of two the battle. He could not swear pistols go off almost together. He to the men, for he never saw ei. went

the' meadow where ther of them before nor since. He it was,

and laid down. A shot saw only two fires, and he faw came very near him. He then Mr. Rowles fall, and that was all went to the cart-house, and was he knew about the matter. He at that time about a dozen or heard the report of four or five fourteen yards from them. He pistols ; but he only saw two fired, saw that Mr. Rowles had his coat by the last of which Mr. Rowles off ; Mr. Rowles and Mr. Denis. fell. thorp then went to the right side. Lord Cremorne (the then Lord They then walked up to the other Dartry) was next examined. His gentleman. The witness said, lordship said he saw this duel at he thought he heard one person Cranford Bridge, where he stopsay, I will give you tool. and ped. He heard the report of a le thought he heard another fay, '| pistol fot. He immediately went I will have

Then Mr. into the garden, in which there Rowles turned short, and went to was ten or twelve people. He his ground and fired. The witness lest Lady Dartry in the bower of supposed a minute or two might the garden, and went to endeavour have elapsed before they fired. to prevent the mischief ; the Reve. He could not say which it was rend Mr. Burrows, who was with that said, I will give 100l. Nor his lordship, addressed himself to could he say which said, No, I the gentlemen, and begged the will have 200l. It was a great

matter might be quieted. Upon length of time ago, and he had this Mr. Rowles' fecond had two severe fevers that had to them, and desired them not to affected his memory very much. interfere, for that they had no He was so much affected by this business there. He said it was

into

two.

came

no

is shot.”

272 Trial of Mr. Richard England. no business of theirs, and begged William Woolhouse, a grazier, of them to go away, upon which faid, he believed it was now about there was no answer made.

twelve years fince he saw the Mr. England then advanced prisoner at the bar. He knew three or four steps, and took off him very well about that time, his hat, and said, Gentlemen, I and had known him for four or have been cruelly treated. I have five years. In June, 1784, he rebeen injured in my honour and collected the affair at Cranford my character, let there be a re Bridge. He came there on the paration made, and I am ready to morning of the duel by Mr. Rowles' have done this moment.” Im defire, which was made the day mediately on this, Mr. England before the duel, and soon after returned to his ground again. the quarrel. He heard pistols Mr. Rowles' second addressed fire, but he did not see any, for them a second time; he advised he did not go into the field; he them, as it was no affair of theirs ftaid all the time in the house. at all, to retire, and, if they did He saw the prisoner after the not go, he would, however reluc. duel was over; he met him on tantly, be obliged to apply to his return from the field, and go. them the word impertinent. Lady ing into the chaife. He heard Dartry then intreated them not Mr. England speak to a girl as to be offended, for that there was he came from the field. The no intention of giving them of. girl said, “ Good God! Mr. Rowles fence; that they only interfered

“ Yes,” says Mr. Engwith a wish to make it up. Mr. land, “ and I should not have shot Rowles' second again begged of

him, if he had behaved like a genthem to go away. Lady Dartry

tleman." then retired, and his Lordship Mr. Frogley, a furgeon, who stood at the bower in the garden examined the body of Mr. Rowles, until he saw Mr. Rowles fall. He about an hour after his death, gave saw the person who shot him, it as his opinion that he died of the and he understood it to be Mr. wound from the ball with which he England. There was no conver

was shot. sation whatever in the field which Lord Derby being asked a queshis lordship could hear ; they spoke tion again, faid, he believed that so low that he could not hear the duel was fought the day after them.

the quarrel at Afcot. He did not On his cross - examination by know but from rumour; be believed Mr. Erskine, his lord ship said, he that. did not find any thing in the dis-, position of Mr. England that led

PRISONER'S DEFENCE. him to believe that Mr. England The prisoner being called upon was not ready for a reconciliation ; for his defence, he gave in a writbut Mr. Rowles' second behaved ten one, and prayed that his coun. with great violence.-The Noble sel might be permitted to read Lord was then desired to quit it. the bench, and to go into the body Mr. Justice Rooke observed, of the court, to point out Mr. that the precedent of allowing England from a number of persons counsel to read a defence for a who surrounded him. His lordship prisoner, might lead to the making was not sure that he knew Mr. a speech to the jury, which was England.

never

273

but one

man.

as he

Trial of Mr. Richard England. never allowed in criminal cases, was ftrenuous to avoid them. In and might be a dangerous inno short, from the result of the invation. He should order the offi stances which were in his own cer of the court to read it. In mind, Mr. England appeared to this paper the prisoner solemnly him to be of a disposition the reprotested before God that he had verse of a quarrelsome one.

Не gone to this unfortunate meeting would add, that his opinion, with with very

different sentiments respect to Mr. England, was formfrom those of his antagonist, who ed previous to the, unhappy acseemed determined that nothing cident, and his opinion had con.

of their deaths should tinued the same ever since. put an end to the dispute, while Colonel Bishopp said he never he went merely to rescue his fame saw Mr. England the least difand honour from the invidious position to quarreling. He had reports which Mr. Rowles had always considered him as a wellfpread, and without which life behaved man, and a well-bred was not worth preserving. That he had no alternative between Colonel Woolafton gave the dishonour and a duel; that he en prisoner a good character also; deavoured to keep as far at a di. and gave an instance of his having stance from the deceased

been of service to him against could to avoid disgrace; that he the enemy at Nieuport, and that wished solely to rescue his honour; he was ready to risk his life in the and, being fatisfied in his own

service of his country. conscience, he securely left his Mr. Breton knew him twenty life or death in the hands of the years, and spoke very highly of jury.

his character. The first witness called

Lord Derby said he had known the Marquis of Hertford, who Mr. England for fifteen or fixsaid he had no opportunity, of teen years. His lordship’s general knowing Mr. England previous opinion of his character was, that to this unfortunate affair, but he was a very civil, well-bred, that he had since been witness to polite gentleman, and on all ochis excellent behaviour on the cafions more ftudious to avoid Continent, and particularly at quarrels than to seek them. His Spa, where he was highly distin- lordship added, that Mr. England's guished by acts of charity towards behaviour at the

races, where his diftrefied countrymen : and this unfortunate quarrel happeninstead of promoting quarrels, he ed, was more temperate and mowas on many occasions very in derate than his lordship himself. ftrumental in preventing them.

should have been from the prom, Mr. Whitbread, junior, faid vocation that he received. he became acquainted with Mr. Mr. Justice Rook then obserEngland in the year 1783. He ved to the jury, that the prisoner had frequently met him in places at the bar, Richard England, of public resort. He met him at stood indicted for the murder of Spa in 1787. His behaviour, as Peter Le Rowles, by shooting him far as it came under his observa with a pistol. It appeared in the tion, was decent and gentlemanly. course of the evidence, that the He knew that his deportment, death of Mr. Rowles was in con. inftead of being that of seeking sequence of a duel: and therefore quarrels, was that of a man who it was proper they should open VOL. VII. No, XLI.

LI

the

was

1

a

duel, upon

no

at

274

Trial of Richard England. their minds to the law, of the this subject, and what it requires; land on the subject of duels ; and and upon the facts they had he believed he should have the heard, the whole case was to be concurrence of his learned bro left to them. ther upon the bench in the law, He should now tell the jury, as he should lay it down upon that deliberate this occasion. There was

whatever provocation, in the eye doubt whatever, that where par of the law, is murder; for the ties met deliberately in the field law does mean

to repress those to fight, and no matter who gave feelings that lead to outrage. The the challenge, if either of them law was designed to keep the fell, it was clearly murder in the peace, and will keep the peace person by whose hand he fell. diligently and carefully ; it will This was the law laid down by not allow persons to meet delibethe great and learned Lord Cokerately in the field, and take away himself, and by every learned and each other's lives. At the same the most humane judges that ever time, if they meet under a sudden graced the profession, from that passion, so that they are deprived hour to this. Lord Hale, Lord of their reasoning faculty, a man Holt, Lord Raymond, Mr. Justice who, in that condition, takes Forster, and all the celebrated away the life of another, is guilty lawyers down to the time of Mr. of manslaughter only. Here was Justice Blackitone, agreed that a quarrel at Ascot Heath ; a quarif parties met to fight in cool rel on both sides. The next day blood, that is, when they are not the parties met Cranford so overpowered by the sudden Bridge. It did not appear that gust of passion as to be deprived they had met in the room on the of the use of reason, and in that morning before they fought in the cool state the one is killed, it is field, so that their paffion might clear murder in the person by have been inflamed; but the jury whose hand he falls.-The learn found there was great violence on ed judge then quoted the opinions the part of Mr. Rowles' second. of all the learned judges he had But on the part of Mr. England, it mentioned, to prove that pro did not appear that he had had pofition.

any intercourse with Rowles this With regard to the prisoner's morning. Regularly speaking, it defence, he said he fought for his rested with the prisoner to thew honour; now, it was the learned that he had received immediately judge's duty, he said, under his before the duel some ground of oath, to tell the jury that this provocation. There was nothing notion of honour is false, and of that kind shewn on the part of could not be a justification where the prisoner. It appeared by Lord there was a deliberate killing in a Cremorne's evidence, that the duel.

prisoner took off his hat, and said Here the learned judge read “ Gentlemen, I have been cruel. the whole of his notes of the evi ly treated; I have been injured dence to the jury, and then pro in' my character and honour; let ceeded to observe to them, that it there be a reparation made, and was under these circumstances the I am ready to be done this moprisoner's case was to be left to ment." them. He had stated to them The jury would consider whepoGtively what the law is upon. ther these were the words of an

angry

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