“By order of the Committee,
“W. Rix.”
“The Earl of Shelburne.”
BETWEEN MR. DONOVAN AND CAPT. JAMES HANSON.
April, 1780.
At the assizes at Kingston, in Surrey, the trials on the Crown side came on before the Hon. Mr. Justice Gould, and a special jury, when Mr. Donovan (who voluntarily surrendered himself) was tried for having killed, in a duel, Captain James Hanson. It appeared by a number of respectable witnesses, that the deceased was entirely in fault, and had forced Mr. Donovan to meet him in a field near the Dog and Duck. It also appeared that the only ground of quarrel between the prisoner and the deceased was, that Mr. Donovan interfered between Captain Hanson and another person, and prevented their fighting; on which Captain Hanson gave him very abusive language, and insisted that “he would make him smell powder.”
The deceased was wounded by a pistol bullet in the belly, and lived about twenty-four hours after. He declared to two eminent surgeons who attended him, and to several other persons, that Mr. Donovan behaved, during the action, and after it, with the greatest honour, tenderness, and concern. And he particularly desired that no prosecution should be carried on against him, as he himself was solely in fault, by an unprovoked rashness of temper and heat of passion.
The learned Judge gave an excellent charge to the jury, and said, “Though he allowed that all the circumstances were as favourable to the prisoner, as in such a case could be; yet, as the idea of honour was so often mentioned, he must say, and inform the jury and the auditors, that it was false honour in men to break the laws of God and their country; that going out to fight a duel was, in both parties, a deliberate resolution to commit murder; and there could be no honour in so savage a custom, which, however disguised in words, is contrary to the principles and happiness of society, and ought to be reprobated in every well-regulated community.”
The jury, without going out of court, acquitted Mr. Donovan of the murder, and found him “guilty” of “manslaughter,” on the coroner’s inquest. The Judge fined him ten pounds to the King, which being paid in the court, he was immediately discharged.
BETWEEN THE REV. MR. BATE AND MR. R——, A STUDENT OF THE LAW.
September 7, 1780.
A duel was fought in Hyde Park, between the Rev. Mr. Bate, of Surrey-street, and Mr. R——, a student of the law, late of St. John’s College, Cambridge.