The deceased was a well-educated and genteel young man, about twenty years of age, and we believe a relation of Lord Cochrane.
A coroner’s inquest sat upon the body, the jury delivered their verdict, “wilful murder,” against Major Lockyer, and Messrs. Redesdale and Hand, and the coroner issued his warrant for their apprehension. Mr. Hand was apprehended (by Allen, the Newport constable) at Portsmouth, on Thursday; the others are at large.
Major Lockyer and Mr. Hand were tried at Winchester Assizes, on the 7th of March, 1818; and the jury returning a verdict of manslaughter, they were sentenced to three months’ imprisonment.
BETWEEN MR. THEODORE O’CALLAGHAN AND LIEUTENANT BAILEY.
Bow Street, January 13, 1818.
Yesterday morning, between eight and nine o’clock, Mr. Theodore O’Callaghan, and Lieutenant Bailey of the 58th regiment, met in a field near Chalk Farm, to fight a duel, accompanied by Mr. Charles Newbolt, and Mr. Thomas Joseph Phealan, as seconds. Lieutenant Bailey received a wound in his right side, which proved fatal, as he languished about two hours, and then expired. Mr. O’Callaghan and the two seconds were afterwards taken into custody, and brought to this office, when they underwent an examination before Mr. Conant, the sitting magistrate, and the following particulars transpired:—
Thomas Hunt, a constable at Hampstead, stated—That he was sent for to Mr. Adams’s house, near Chalk Farm, in Ingram’s Lane, near the Load of Hay, where he took the prisoners into custody, in consequence of a gentleman having been killed in a duel.
Mr. Adams, who occupies the house above alluded to, attended, and stated—That about nine o’clock that morning he was in his bedroom, in the act of dressing himself, when he heard the discharge of two pistols, which induced him to look out of his window. He saw four gentlemen two fields off his house, near Chalk Farm, whom he considered in the act of fighting a duel. As they did not separate or disperse, he was fearful they would fire again. He therefore finished dressing himself with all possible speed, and hurried off to the spot, to endeavour to prevent the shot being repeated. Just as he arrived at the gate, and was in the act of getting over it, two pistols went off. He observed one of the gentlemen, who appeared to have discharged one of the pistols, turn round, and concluded he had received one of the shots. The other three gentlemen, the prisoners, went up to him instantly, and supported him on each side, to prevent him from falling. Each of them held him by the arm. On the witness getting up to them, one of them said to him, they were all friends. He saw blood running down the trowsers of the deceased profusely. The three prisoners gave him their names and addresses. He did not see a pistol in the possession of the deceased, or any of the prisoners. He invited the prisoners to conduct the deceased to his house, which they accordingly did. He did not observe any other person in the field, where the parties were, or near the spot. He observed to the parties, that it was an unfortunate affair. They all agreed, it was so. They inquired of him, if there was a house near for the prisoners to conduct the deceased to, as they were fearful of putting him to inconvenience. However, there being no public-house near, they supported him to his house, which was about four or five hundred yards off.
The deceased appeared to him to be in a dangerous state, and blood was running out of his trowsers very fast. A surgeon was sent for with all possible speed. The deceased was laid on a sofa in his parlour, and while he was lying there, he desired Mr. Theodore O’Callaghan to come to him, and held out his hand to shake hands with him, and said, he had behaved most honourably. The deceased had observed, that he was sensible he was dying, and could not live long. After this, he called the other two prisoners to him, shook hands with them, and made similar observations to them, and said, he forgave them all.
Mr. O’Callaghan, after this, went off to Hampstead, to get a coach to convey him from the witness’s house. But in the mean time Mr. Rodd, a surgeon of Hampstead, arrived, in about half an hour from the time of the fatal shot. Mr. Rodd, after having examined the wound, said it was impossible to remove him. The shot had entered on his right side, passed through his intestines, and all but came through on the left side, it being only confined by the skin. It was visible to the eye. The shot had carried with it a piece of the cloth of his coat, and other garments.
The deceased had observed to him, that the quarrel which had been the cause of the duel was not originally a quarrel of their own, but had sprung out of a quarrel of their mutual friends, who were to have fought a duel yesterday, and they were to have been their seconds. Upon recollection, he would not be positive whether it was the deceased or Mr. O’Callaghan who made this observation. He, however, understood that it was the prisoner O’Callaghan who shot the deceased. He did not observe any pistols in the possession of either of the parties, but he found two pistols lying on the table of his parlour; none of them owned them; but he had no doubt of their belonging to them (they were produced in the office in an unloaded state); they were of a large size. There were no pistols there before they came into the house. The deceased lived about two hours, or two hours and a quarter. All the prisoners paid every possible attention to the deceased, during the time he lived. He conversed with them all, and particularly with Mr. T. Phealan, who, the deceased told the witness, had been his second, or his friend, he could not recollect which. He heard him request Mr. Phealan to write the full particulars of the whole affair to his father, who, he understood, lived at Limerick.