Mr. Justice Williams, addressing the Jury, said he was totally ignorant of the circumstances or causes by which it had happened that nobody appeared in behalf of this prosecution. He ought to regret it, for it had imposed upon him the somewhat arduous task of examining the witnesses, and also a certain degree of anxiety, to take care, whatever might be the cause of no person appearing to conduct the prosecution, that it should not fail for want of every witness being called, who knew anything of the transaction. It now, therefore, only remained for him to communicate his judgment as to whether any case should be submitted to their consideration. They could not close their eyes to the fact, that a duel had been fought on Wimbledon Common, on the day mentioned. The prisoner was indicted for shooting at Harvey Garnett Phipps Tuckett, and it was asserted that it should be proved that a man bearing that name was so shot at by the prisoner at the bar; but of this there was not one tittle of evidence. Moreover, none of the witnesses who saw the duel had spoken to the person of Captain Douglas. The indictment, therefore, must fall to the ground, and the prisoner was entitled to an acquittal.
The Jury immediately returned a verdict of “Not guilty.”
March 12.
The Earl of Mountcashell gave notice, in the House of Lords, that he intended, shortly after the Easter recess, to call the attention of their Lordships to the subject of duelling. It was his intention to move for a committee to inquire into the causes of duelling, and to see whether some measure could not be adopted to put an end to so censurable a practice. It was necessary, in the present state of things, that some such course should be adopted; and, if their Lordships should refuse to take any steps in the matter, he would move for the repeal of the act of the 1st of Victoria; for it was quite ridiculous to allow the law to remain as it now stood. Individuals did not know whether they might fight a duel or not; although the act of Victoria seemed to declare that any one who did fight a duel was liable to be tried as a felon. His Lordship said, he knew the difficulties that attended the subject; but that was no reason why they should not be encountered.
In the progress of the proceedings against the Earl of Cardigan, many able articles, bearing immediately upon the subject of this Work, appeared in the public journals. From the “Times” of the 11th of February, a few days previous to the trial, I copy the following address:
TO THE HOUSE OF LORDS AND THEIR COMMITTEE.
My Lords,
One among the thousands in this country who look with reverence and love to the august assembly of the Peers of Great Britain, takes the liberty of addressing you on the important subject which is appointed to come under your judicial consideration on the 16th instant.
In regard to the immediate object of that inquiry I shall not trouble your Lordships. Every principle of fair play dear to an English heart, revolts at the idea of a man being taken off his guard. If it was intended to enforce an existing law in its rigour, or rather to put a construction upon it which was never contemplated, public notice ought previously to have been given of that intention. But this was not done in the case before your Lordships. Equity, therefore, and mercy, will sit assessors with justice on the trial of Lord Cardigan.