Mr. Hodgson, the coroner, in his address to the jury, made the following observations:—
“It was evident the deceased had been killed by a shot fired at him by some person, of whose identity the jury had no direct or admissible proof. The laws of this country admitted of no excuse for one man killing another in a private duel. But, supposing the person who had slain the deceased to be able, before a superior tribunal, to offer circumstances and facts in palliation of his offence, they could not have any weight in this inquest. He had, strictly speaking, been guilty of murder, and to that effect must necessarily be the verdict of the jury. In the present case, there was no doubt of the deceased having been feloniously killed; but there was no evidence who was the principal, or who were the seconds. In point of fact, they were all equally guilty; for, in the crime of murder, accessories before the fact were considered as principals. There was hardly a doubt that the expressions and avowal of the deceased, so honourably made in favour of his opponent, would, if the latter were arraigned in a superior court, induce his acquittal; but that was a consideration which ought not to operate on the minds of those whom he was addressing. Had the parties been in a room; and upon a sudden quarrel had the deceased, having given the first provocation, been killed, it might have been justifiable homicide; but, on the contrary, it appeared, they had deliberately gone out to commit an unjustifiable act. Had it been proved who the person was who fired the shot at the deceased, the jury would have been bound to have returned a verdict of “murder” against him, and those who were aiding and abetting him; but, as the case stood, they would only pronounce the verdict to which he had alluded.
The jury unanimously returned a verdict of “wilful murder, or felonious homicide, by some person or persons unknown.”
BETWEEN ENSIGN BROWNE AND LIEUT. BUTLER.
January 1, 1806.
This morning a meeting took place in a piece of ground, in the parish of Basford, between Ensign Browne, of the 36th regiment of Foot, and Lieutenant Butler, of the 83d Regiment, on the recruiting service, at Nottingham.
The parties fired together by signal, when, unfortunately, Ensign Browne was shot through the heart, and instantly expired, without uttering a word.
Lieutenant Butler and the seconds immediately withdrew. The body of the deceased was taken to Basford church, by some persons who were attracted to the spot by the report of the pistols; and a verdict of “wilful murder” was returned by the coroner’s jury who sat upon it.
Ensign Browne was a promising young officer, of a very respectable family in Ireland, and had only just attained his seventeenth year. He and Lieutenant Butler belonged, lately, to the same regiment; but from a serious disagreement which took place between them, the Commander-in-chief ordered them to be placed in different corps. On their meeting at Nottingham, however, the embers of animosity rekindled, and the unhappy result has proved the loss to society of a valuable and much respected young member.
BETWEEN MAJOR BROOKES AND COLONEL BOLTON.
January 4, 1806.
About a year ago a duel was to have taken place at Liverpool, between Major Brookes and Colonel Bolton, in consequence of a quarrel; but the affair being known, they were bound over to keep the peace for one year. After this, the animosity between them increased daily, and each reproached the other with having informed the officers of justice of their intention to fight.