On the 21st of September, their trial came on at the Central Criminal Court. Eliot and Broughton did not appear; but Young and Webber took their places at the bar. Mr. Bodkin said, that in consequence of the illness of Mr. Clarkson, who was Broughton’s counsel, it had been thought desirable that he should not surrender. The prisoners having pleaded “Not guilty,” Mr. Chambers opened the case for the prosecution, and called the various witnesses. At the close of the case for the prosecution, Mr. Adolphus addressed the jury in behalf of Webber, and Mr. Phillips in behalf of Young. They both maintained, that there was not a tittle of evidence to show that either of them had any participation in the unfortunate occurrence. Several witnesses spoke to their character; which was described as being of the most humane description.
Mr. Justice Vaughan then charged the jury. He said, that the case, in his own opinion, presented no point of difficulty. The question for them to determine was, whether the prisoners at the bar had gone down for the purpose of aiding and encouraging Mr. Eliot. If they entertained any doubt upon that point, they were bound to give them the benefit of that doubt. There were, undoubtedly, he observed, some peculiarities in the present case, which did not belong to any other case of duelling with which he was acquainted; and that peculiarity was, the fact of so many persons having been mixed up with the transaction. With regard to the manner in which it was conducted, it did not appear that any unfair advantage had been taken by either party. On the contrary, as far as he knew anything of such matters, the affair appeared to have been managed with a strict regard to the practice usually followed on similar occasions.
The jury, after retiring about twenty minutes, brought in a verdict of “Guilty.” The foreman then said, that he had been desired by his brother jurors to express the horror they felt at the conduct of Mr. Scott; and to say, that, in their opinion, he ought to have been placed at the bar along with the prisoners. Mr. Justice Vaughan said, he quite agreed with the jury as regarded Mr. Scott. Mr. Chambers said, he was instructed by the brother of the deceased, who had felt it his duty to institute this prosecution, to recommend the prisoners to mercy, on account of the excellent character they had received. Mr. Justice Vaughan said, the recommendation should be attended to; but for the present the Court would order, that sentence of death should be recorded against the prisoners, and they would from that understand that their lives would be spared. The sentence of death was afterwards commuted to twelve months’ imprisonment in Guildford gaol; the last month to be passed in solitary confinement. Eliot and Broughton had escaped abroad. The parties appealing to this barbarous code of refined honour could, apparently, claim only a very doubtful gentility. Eliot was the nephew of an innkeeper at Taunton, and recently an officer in the British Auxiliary Legion in Spain; Mirfin was the son of a mercer at Doncaster, and had kept a linen-draper’s shop in Tottenham-court Road; and Young was the son of a brick-maker at Haddenham, near Aylesbury. The disgusting exhibition at Wimbledon in this case is believed to have done much to bring the practice of duelling into ridicule and detestation.
BETWEEN THE MARQUIS OF LONDONDERRY AND MR. GRATTAN.
January 13, 1839.
In consequence of some expressions which were made use of by the Marquis of Londonderry in the House of Lords, in reference to a speech reported to have been made by Mr. Henry Grattan at a public meeting in Dublin, Mr. Grattan addressed a letter of inquiry to the Marquis, to which the following answer was returned:—
“Holdernesse House, June 12.
“Lord Londonderry presents his compliments to Mr. Henry Grattan. Lord Londonderry read, in his place in the House of Lords, an extract from the reports of the newspapers of a speech of Mr. O’Connell’s, stated to have been made at a public meeting in Dublin, to address the Queen; in which accusations were made against that party to which Lord Londonderry is proud to belong. The paragraph Lord L. cited is as follows:—‘Mr. Grattan had said, that her Majesty’s life would not be safe if the Tories came into power; and he (Mr. O’Connell) declared solemnly he was convinced she would not live six months, if that event took place.’ Lord Londonderry at once admits, if these sentiments are accurately reported, accusing the Tory party of the intention of murdering the Queen, he considers them as base and infamous. It was to such accusations Lord Londonderry’s epithets applied.”
In a second letter, Mr. Grattan begged to say, that he was not accountable for any opinion or expression in Mr. O’Connell’s speeches. As he had not alluded, in any speech of his, in any way to Lord Londonderry, he requested his lordship would distinctly say, whether he intended that the words ‘base’ and ‘infamous’ should be applied to him? In answer to this letter. Lord Londonderry observed, that, unwilling as he should be to fix upon any individual the responsibility of having uttered such sentiments as those reported in the public accounts of the meeting to which he alluded, he must adhere to the opinion he had already expressed, as applying to any individual who was prepared to avow such language. The epithets complained of were, he said, applied, not to individuals, but to injurious accusations reported to have been publicly uttered against a political body; and since there was no disavowal, on Mr. Henry Grattan’s part, of the language and sentiments reported to have been used, Lord Londonderry regretted he could not recede from the opinions he had already expressed.
In consequence of this correspondence, a meeting was arranged, which took place this day, at three o’clock, on Wimbledon Common. Upon the signal being given, Lord Londonderry received Mr. Grattan’s fire, and fired in the air. Mr. Bodkin, on the part of Mr. Grattan, then expressed himself perfectly satisfied, and the affair terminated.