Page:Notes and Queries - Series 12 - Volume 8.djvu/470

384 NOTES AND QUERIES. ' [WS.VIII.MAYW, 1921. in full confidence that he would have followed that curred in this or the neighbouring colonies, with advice, I did, as it will be proved in evidence, fire the exception of that of Mr. Uniacke, who, with the first shot in the most careless manner, pur- his second, was tried at Halifax for the murder posely to avoid injuring him ; but when I found of Mr. Bowie, as is, most probably, within the re- that, instead of doing so, he did deliberately fire collection of you all. at me that he afterwards resisted all the earnest | "In that case the parties were not military men, entreaties and endeavours of our seconds, who ! neither Was the provocation of such a nature were alike the friends of both, to effect an accom- but that it might have been decided by a legal modation when I saw him change his position, tribunal, without any imputation upon the and fix his eye upon me as if to make sure of his courage of either party. Mr. Uniacke, however, intended victim, I was compelled, in defence of was a man possessing high spirit and honourable my own life, to fire the second time. But, gentle- feeling, and preferred appealing to the laws of men, you will be satisfied from the evidence that honour instead of those of his country. He called I fired in the most fair and honourable manner. ! Mr. Bowie out ; they fought, and at the second My pistol was not raised till the word was given, ' fire the latter fell. Mr. Uniacke and his second, and we fired instantaneously. The distance was Mr. McSwiney, were, as I before stated, indicted unusually great. The pistols I had never seen for wilful murder, but as it appeared from the before ; they were not adapted for duelling, but whole of the evidence that the unfortunate trans- were of the commonest description such as action had been fairly and honourably conducted, must convince even the most inexperienced in the jury (after an impressive charge from the such matters that the fatal result was the effect of Judge, in which he recapitulated the evidence, laid chance and not of superior skill or deliberate aim. down the law on the subject, and pointed out the " Gentlemen, as a further proof that the de- ! general conduct of jurors on such occasions) re- ceased went out with a fixed determination not to [ turned a verdict of Not guilty. quit the ground till one of us had fallen a short "In the United Kingdom, where matters of time previous to leaving his quarters he took off this unhappy description are of more frequent oc- a flannel waistcoat and flannel shirt (which were currence, they are, I might almost say, sanctioned articles of dress he always wore), that in case my by custom, and whatever might be the strict letter fire took effect nothing might be carried in with ' of the law, in some degree even by the Judges the ball likely to irritate or increase the inflam- themselves as in the case of Mr. Alcock and his matipn of the wound. On the ground he threw second, who were in the year 1808 indicted at off his coat, keeping nothing on but trousers and the Wexford Assizes for the wilful murder of John linen shirt. Colclough, Esq M in a duel, which arose from a " It is not, gentlemen, in the power of language quarrel at a contested election. They were to convey to you my feelings of regret for the honourably acquitted by the jury ; and Baron fatal result ; but even should your verdict consign Smith, before whom the cause was tried, in dis- me to the scaffold, my conscience would, in my j charging the prisoners, expressed his satisfaction last moments, acquit me of any vindictive feeling j at the verdict. . . . towards the ill-fated man who fell by my hand, i " I will only detain you, gentlemen, to mention But, gentlemen, the more I reflect on the melan- one case more, of which you, no doubt, all have choly event, the more I am convinced that I could j heard that of Col. Montgomery and Capt. Mac- not possibly have acted otherwise than I have ! namara. A quarrel took place between those gen- done. My God ! Gentlemen, could I have lived j tlemen in Hyde Park, in consequence of their a disgrace to that honourable profession to which dogs fighting. A duel ensued, and Col. Mont- my life has been devoted to my family and to | gomery fell. Capt. Macnamara stood his trial at my country ? (the Old Bailey, in 1803, for wilful murder, and " I must here, on behalf of the gentlemen who | was acquitted by the jury ; and I cannot close my are implicated with me in this unhappy business, address to you in words more manly and eloquent beg most solemnly to declare that their conduct than those in which that gentleman concluded his throughout was honourable in the extreme : they ! on that occasion. He, gentlemen, was a captain were alike on friendly terms with us both, and in the navy, as I am in the army ; the same high they evinced the greatest anxiety, before going sense of honour, the same tenacious regard for to the field, and when there, before we fired, and character, are alike common to the officers in both after the first shot, to bring the matter to an I services ; but I will give you his own words : amicable conclusion. Most gladly, gentlemen, ! " * Gentlemen (said he), I am a captain of the would I have complied with any terms they pro- British Navy my character you can only hear posed, confident that the honour of both parties from others ; but to maintain any character in that could not be placed in safer hands. ... , station I must be respected. When called upon " Gentlemen, I have been nearly 22 years a i to lead others into honourable dangers, I must not soldier, and have served my country in all the be supposed to be a man who had sought safety campaigns in the Peninsula, at Walcheren, and j by submitting to what custom has taught others in America. I have been frequently wounded, ! to consider as a disgrace. I am not presuming and I have been a prisoner of war. During this j to urge anything against the laws of God, or of this long period, you must naturally suppose, I have ; land. I know that, in the eye of religion and met with brother-officers of all tempers and dis- j reason, obedience to the law, though against the positions, and under circumstances calculated to I general feelings of the world, is the first duty, and prove them both ; but, gentlemen, till this un- I ought to be the rule of action ; but, in putting a of this unhappy description which has oc- ! in terms the proper feelings of a gentleman ; but