12 S.VIII. MAY 28, 1921.] NOTES AND QUERIES. 423 were entitled to half the pool. It was referred to witness, who gave it in favour of Captain Rudkin. Deceased then seized the stakes on the j table, and put them in his pocket. Captain j Rudkin said to witness, " Good God ! do you j mean to submit to treatment of this sort ? " Witness replied that it was only a ninepenny or eighteenpenny matter, and not worth squabbling about. Captain Rudkin then said, " If you are determined to submit to this sort of treatment, I shall not ; neither will I allow that money to ] be taken from the room." Mr. Phil^ot then rose ' from his chair and said, " D n you ! I would ' think but very little of pulling your no^e, and kicking your out of the window." Witness then said he considered himself ill-treated by the ; row which had taken place in his quarters ; and, opening the door, requested they would go home, ! stating that in the morning he should expect an apology for such conduct. After opening the door for their exit, witness went to stir the fire, and whilst there his attention was called by hearing deceased say, " D n you ! " and accompanying this exclamation by throwing a jug with water after Captain Rudkin into the passage ; and whilst doing so, rushing into the passage in pursuit of Captain Rudkin. Witness then followed him to the door, and there saw the deceased in the arms of his (witness's) brother, who was bringing him back to the room, where he remained all night. Witness kept him for the pvirpose of remonstrating with him upon the highly improper conduct of which he had been guilty ; and he told him that by giving way to his violence of character, and grossness of language, he would either be killed or be obliged to leave the service. Witness then recapitulated to deceased the number of quarrels he had been engaged in, and the number which he (witness) had got him out of. Deceased asked witness to act as his friend in case he should be called out ; which witness refused to do, stating his reasons. Conceived that Captain Rudkin could not with propriety act otherwise than he did. There were but two courses he could pursue either to bring deceased to a court-martial, or to act a^ he did. (The Court here observed that the code of honour was not the code of law. and it could not take down these minutes as evidence.) The witness considered that Mr. Philpot, on the ground, should have fired in the air, which would Have terminated the affair. The usual distance is from eight to twelve paces. Has known many instances in which the parties have fired more than one or two shots. Has known Captain Rudkin since the year 1812 ; and during that period his conduct has been that of a good officer and a perfect gentleman. Witness has never known him to be placed in the like situation, nor to have any quarrel of his own seeking. Witness has known Dr. Strachan since September, 1824, who has always been considered Dy the coips as a good-tempered, obliging brother-officer ; and witness has known him, by bis irediation, to have prevented one or two duels. Considers that Captain Rudkin was certainly entitled to an apology if an apology could have been taken for the insult. CAVENDISH WILLOCK : Was present at a dispute which took place at his brother's on the evening o^ the 29th March last. Upon cards being proposed, he believes by Captain Rudkin, Mr. Stanley said it was time to go home, when deceased replied, " There's the door be off you have no business to disturb us." Stanley said, " I suppose, Sir, I can go home when I please." Deceased replied, " Don't ' Sir ' me, or, damn you ! if you do, I'll pull your nose and kick you out at the window." Mr. Stanley then went out, and on returning found the parlour door open. Captain Morice then went out, and witness with him. Observed Captain Rudkin also come out of the room, and saw deceased throw a jug of water at him ; immediately after which he (deceased) ran out of the room after Captain Rudkin, and kicked him ; upon which witness caught hold of the deceased and forced him back to the parlour. Captain Rudkin then retired, and Mr. Philpot remained in Captain Willock's quarters with Captain Willock and with I witness. Witness next day waited on Mr. Philpot to ask him to apologize to Stanley, when the I former told him that he had sent for Captain | Morice. Witness and Captain Morice adjusted that difference. Captain Morice said that as he ' was present during the quarrel between Philpot and Stanley, and as the matter had been referred to him (Captain Morice), the former must apologize. Witness had some conversation with Captain Morice respecting the aftair between Philpot and Rudkin. Morice said he knew not of the affair between them, i Witness then told Captain Morice what had i passed the night before between Rudkin and I deceased, when Captain Morice said he was very sorry for it, but he hoped he should be able to settle it. Supposes Captain Morice had not then been longer than half an hour in the garrison. The ground was chosen by Mr. Philpot himself, who objected to the first ground, saying that it was too near the road, that en the other side of the hill it was more level and fit for the purpose. Captain Rudkin did not ac- company them during the marking of the ground. Deceased fired at Rudkin. The attention of witness was particularly directed to the deceased, as he expected that he would fire in the air, having previously told him that he ought to do so after the gross insult he had given Captain I Rudkin : this was the cause of his attention i being directed to him. The words " Ready fire ! " were given as quick as possible, and the pistols were not raised until the word " Fire ! '* was given. After the first shot, witness observed deceased draw himself up and direct his eye towards Captain Rudkin. At the first exchange of shots, observed Captain Rudkin fire rather carelessly so much so as to lead witness to suppose that Captain Rudkin expected the de- ceased would fire in the air. From Philpot's retaining his place, and at the same time giving his pistol in a particular manner to his second, witness inferred that he directed him to reload. Mr. Philpot's pistol positively was discharged the second time saw the flash, and saw the pistol lying on the ground with the cock down and the pan thrown back. After Philpot fell, Captain Rudkin came up and took him by the hand with very much agitation. Immediately after the fall of the deceased, Mr. Morice exclaimed that it was a pity deceased had not apologized.
- When about to fire the second shot, Captain
