Lord Byron, in his defence, stated that the deceased had treated him during the altercation “in a slighting and contemptuous manner,” stating that he had more game on five acres of his manor, than was on all his lordship’s estates. He further stated, that on leaving the club-room he met Chaworth on the stairs, who asked him “if he had any commands for him,” to which he replied, “I should be glad of an opportunity of speaking a few words to you.” The door being closed, Lord Byron asked him “How am I to take those words you used, as an intended affront from Sir Charles Sedley or yourself,” to which, according to the survivor’s statement, Chaworth replied, “Your Lordship may take them as you please, either as an affront or not, and I imagine this room is as fit a place as any other to decide the affair in.” Lord Byron admitted, that at the very moment when his antagonist received his mortal wound, he exclaimed, “I am afraid I have killed your Lordship!” while at the same time “he put his left hand to his belly, and Lord Byron observing that blood was flowing, expressed his fear that he had seriously wounded him, when he went to pull the bell for assistance, Mr. Chaworth saying, “My Lord, all I have to say is, that you have behaved like a gentleman.”
The House of Lords found William, Lord Byron, “not guilty of the felony of murder, but of manslaughter,” and his Lordship, claiming the benefit of the statute of Edward VI, was discharged, paying his fees.
This unfortunate duel leads to many important reflections. It appears that the parties were sober, that no previous ill-will existed between them; but that the vanity of both had been hurt by reflections on their manorial possessions; and the subject of game has ever been, and still continues to be, a sore one amongst country gentlemen. To fight without seconds has at all times been considered a murderous transaction; since no evidence can be produced to prove that the foulest treachery may not have been perpetrated. Chaworth declined (most probably from a high sense of honour) accusing his antagonist of foul play; but he at the same time, on his death-bed, also declined admitting that there had been fair play. Lord Byron stated, that having parried Mr. Chaworth’s first thrust, he made a second, which he also parried; and that then finding himself with his back against the table, with great disadvantage of light, he endeavoured to shift a little more to the right hand, which unavoidably brought him nearer to his antagonist, when they both made a thrust at the same time, Mr. C.’s sword passing against his ribs, and cutting his waistcoat and shirt for upwards of eight inches, and he supposes that it was then that Mr. C. received the unlucky wound.
It is impossible to form an opinion on this event, as to the fairness of the duel; it only tends to show, that any fatal meeting without seconds, should be visited with such severity as to prevent the probability of a recurrence.
In 1762, was fought the celebrated duel between Earl Talbot and John Wilkes. The dispute had originated in words used in the 12th number of the North Briton, on the 21st August, which conveyed reflections injurious to Earl Talbot, when Wilkes wrote the following letter to Colonel Berkeley (afterwards Lord Bottetourt):—
“Winchester, Sept. 30, 1762.
“Sir,
“Lord Talbot, by your message, has at last brought this most important question to the precise point where my first answer to his Lordship fixed it, if he preferred that. As you have only seen the two last letters, I must entreat you to cast your eye over those preceding; because I apprehend they will justify an observation or two I made this morning, when I had the honour of paying my respects to you at camp. Be assured, that if I am between heaven and earth, I will be on Tuesday evening at Telbury’s, the Red Lion, at Bagshot, and on Wednesday morning will play this duel with his Lordship.
“It is a real satisfaction to me that his Lordship is to be accompanied by a gentleman of Colonel Berkeley’s worth and honour.
“This will be delivered to you by my Adjutant, who attends me at Bagshot. I shall not bring any servant with me, from the fear of any of the parties being known. My pistols only, or his Lordship’s, at his option, shall decide this point.