12 S. VIII. MAY 21, 1921.] NOTES ANI> QUERIES. 403 " The evening preceding the fatal meeting I was, with several other gentlemen, among whom were my fellow-prisoners, Lieut. Stanley, and the deceased, at Captain Willock's quarters. The party had all left except those I have men- tioned and Mr. Cavendish Willock (Captain Willock's .brother). A game of cards Avas pro- posed, and I believe commenced (but I did not play myself), when, as it was growing late, Mr. Stanley observed that we had better go away, as we were only keeping Captain Willock up, and annoying him. In reply to this observa- tion, the deceased addressed some most un- gentlemanly language and insulting threats to Mr. Stanley, who then left the room, accompanied by Mr. Cavendish Willock, who soon afterwards returned again. The deceased afterwards re- Juested me to call upon him in the morning, and then thought, from the manner in which he asked me, that he wished to see me for the purpose of acting as his friend, in case he should be called out by Mr. Stanley. I shortly after- wards went away, and Mr. Cavendish Willock went out with me. We mutually expressed our disapprobation of the conduct of the deceased, and Mr. Willock then informed me of Mr. Stanley's i intention to call the deceased out, and that he had been requested to act as his friend. I told him that I expected the deceased would call upon me, and that I was decidedly of opinion that if he did he must apologize. After some further conversation we parted. At that time, gentlemen, the unfortunate dispute between the deceased and Captain Rudkin had not occurred. " The next morning, about ten o'clock, when 1 was on board the yacht, a soldier came and informed me that the deceased wished to see me immediately on particular business. I wrote him a note, informing him that the ice had broken the yacht adrift, and I could not leave till I had her secured ; but I expected I should be able to see him about 12 o'clock. After securing the yacht to a wharf, I went up to , Government House to report to his Excellency what I had done, and remained there till near 2 o'clock when I went to Port William, where I saw the deceased walking in the balcony opposite his own quarter's, with Dr. Strachan ; and on going up to them, the deceased informed me that he had got a pill for breakfast. I inferred from this that Mr. Stanley had sent to him to demand an explanation of his conduct the night before. I immediately said, ' Philpot, if it is from Stanley you must apologize, for you were very violent, and much in the wrong, and he did not give you the slightest provocation.' The deceased said, ' Well, will you be my friend on this occasion, and I will do what you think proper.' I answered (not knowing he had any other quarrel), ' I will, but you must make an apology to Stanley.' He i then informed me that he had another affair to settle with Captain Rudkin, and said, 'Here is; his friend the Doctor, and I will tell you in his presence what occasioned the dispute.' This, ! gentlemen, I do declare was the first I knew of the deceased's quarrel with Captain Rudkin. He then related the circumstances as they will be given in evidence. I observed that the insult he had given to Captain Rudkin was a very serious one, and that he must make any apology th<> Captain required. To which he replied, ' You had better talk to the Doctor about it.' I then informed the deceased that I would endeavour to settle with Mr. Stanley first, and would consult the Doctor afterwards ; and I told him that as I was present when he insulted Mr. Stanley, who had not given him the least provocation, he must make an apology. He replied, ' If I must, I must ; but I had much rather go out with him ' or words to that effect. I then left the deceased, telling him that I hoped I should be able to settle all for him in the same way. On going down from the balcony, I met Mr. Cavendish Willock, who informed me that he was going from Mr. Stanley to the deceased, to demand an explanation and satisfaction for his conduct. I informed Mr. Willock that I was the friend of the deceased on this occasion, and requested to know what satisfaction Mr. Stanley required. He answered that ' The deceased should either apologize or go out '- and I immediately said, ' I will make him apologize, which I hope will be satisfactory to both parties.' Mr. Willock then, went to bring Mr. Stanley into his own quarters, and I went to the deceased, and said, ' Come along, I have got you out of one scrape, and if you will be ruled by me, I will get you out of the other as easy.' He then replied, ' Very well ; I must, I suppose, but I had much rather go out with him.' We went together to Mr. Stanley's quarters, when I made him apologize and they shook hands. We then left Mr. Stanley's room, and I requested the deceased to go upstairs and wait till I had "seen Dr. Strachan, to whom I then spoke, and requested to know what satis- faction Captain Rudkin desired. He replied that Captain Rudkin required deceased to apologize for his conduct to him, and throw himself on his kindness, or go out with him, and give him the usual satisfaction of a gentleman. I went to the deceased, and told him what Dr. Strachan said, and added, ' Now, Philpot, you have grossly insulted Captain Rudkin, and as a military man he must get the apology he requires.' He replied, ' Does he think me a damned poltroon ? I will convince him to the contrary of that. Parade the bull-dogs (meaning pistols) at once, and let us have it over ; I don't like to have anything of this kind long on hand.' I then intreated him to consider of it, but he answered, ' No ! let us go at once.' I then went to Dr. Strachan, and informed him of the determination of the deceased, and said, ' It was a very delicate business, and I wish to God we could settle it ' ; and we were both of the opinion that he either must make the apology or go out. I then returned to the deceased and found him sitting at a table in his own room, writing. On my entering the door he said, ' Well, I am all ready, let us go at once.' I have been thus minute in detailing all the circum- stances within my knowledge, previous to the fatal meeting, in order to show to you how completely I was taken by surprise ; that I had no time for reflection ; that I knew nothing of the unhappy quarrel between the deceased and Captain Rudkin till within so short a period of their going out. . . . We then took separate directions, and met near the ground about the same time. On the road, both Mr. Cavendish Willock and myself strongly urged [the deceased]
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