The trial of the parties came on in August, before Mr. Justice Park, at the Derby Assizes. Mr. Denman said, it was his painful duty to state the circumstances of the case. The prisoners were to be tried for a crime that was considered one of the heaviest of which human nature was capable. A murder was charged to have been committed by Mr. William Brittlebank, and the prisoners stood on their trial for aiding, abetting, and assisting in the said murder. The deceased, Mr. Cuddie, had been a surgeon in the navy; he had retired on half-pay, and resided at Winster, where Mr. Brittlebank, the father of two of the prisoners, resided. Mr. Cuddie had been on intimate terms with the Brittlebanks, but their friendship had fallen off in consequence of the attention of the deceased to Miss Brittlebank, which had been disapproved by the family. On the 21st of May, the day before the death of Mr. Cuddie, a letter was brought to him by the servant of Mr. W. Brittlebank, complaining of an insult which he said he had received, and calling on the deceased to fight him, in order to expiate that insult. Mr. Cuddie refused to give any answer to the letter. In consequence of this, on the following day the prisoner Spencer, who had been sent for from Bakewell, arrived at Winster, and agreed to go with a message from Mr. W. Brittlebank, demanding that Cuddie should fight him or make an apology. Cuddie replied he had no apology to make, and would not meet Mr. Brittlebank. Spencer carried back this answer, and returned to Cuddie with a new message; and on the deceased repeating the determination which he had previously announced, he told him that Mr. W. Brittlebank was in the garden, and he might see and speak to him if he would not fight. These were facts to be proved by witnesses, and by the dying declaration of the deceased, which, by law, could be received as evidence. Cuddie went into the garden, where he found William Brittlebank, with his brothers Andrew and Francis, who had been seen to go from their house to that of Mr. Cuddie. Here Andrew Brittlebank appeared anxious to prevent the duel, by calling on Mr. Cuddie to make an apology. This he declined, and pistols were then produced; and Mr. W. Brittlebank having walked fifteen or sixteen yards from the deceased, both turned and fired, as he believed. A ball had been found near the spot on which Cuddie stood; one had been sought for, but in vain, near that where Mr. Brittlebank had taken his place. He, however, did not mean to attach importance to that circumstance; he believed that Mr. W. Brittlebank had exposed his own life to the same risk which he forced Mr. Cuddie to run. The contrary was no part of the case for the prosecution. When, however, four persons were found going to the house of one, for the purpose of forcing him to fight a duel, though the duel might be conducted most fairly, according to the laws of honour, it was murder, under certain circumstances, in the eye of the law. Mr. Cuddie received the ball fired from the pistol of William Brittlebank; he was then carried into the kitchen, he believed, by Spencer and Andrew Brittlebank. What followed would be proved by witnesses; and he expected it would be proved, that Andrew Brittlebank had at first denied having been present; but when the deceased stated him to be there, he then said, “Well, since you say so, did I not try to prevent the duel, by pressing you to offer something in the shape of an apology?” William Brittlebank had said, that the deceased must consider Spencer as his friend; and it would be shown, that when Cuddie, in a dying state, had been pressed to declare the duel had been a fair one, he declined doing so, though aware of his situation, sometimes by expressions, and at others by actions of dissent, such as shaking his head; and he certainly died without any such admission. Should the evidence fail to make out the charge, those concerned for the prosecution would be most happy to hear of a verdict of acquittal: should the facts be proved, their righteous verdict must be given; and, painful as it might be to themselves and all who heard it, they would have but one duty to perform.
A variety of witnesses were called, who proved the circumstances under which Mr. Cuddie lost his life. It appeared that he had received much provocation; but it appeared that the prisoners had endeavoured to give him every assistance after he received the wound. The following is a copy of the declaration made by Mr. Cuddie on his death-bed:—
“The declaration of William Cuddie, of Winster, surgeon, made before me, Philip Gell, Esq., one of his Majesty’s justices of the peace for the county of Derby, this 22nd day of May, 1821, who saith, that he was called upon by William Brittlebank, of Winster, to fight a duel, and that he wished to avoid doing so. That Edmund Spencer, of Bakewell, surgeon, came to him on the 22nd of May, instant, and told him that William Brittlebank and his brothers were in the garden waiting for him, and that he, William Cuddie, must make an apology, or fight. That he, William Cuddie, went to the garden, and refused to make an apology. That Edmund Spencer opened his coat and showed him two pistols, one of which he took, and William Brittlebank took the other; that they separated to the distance of fifteen yards, or more. That Edmund Spencer threw up his hat as a signal, and they both fired their pistols as near together as possible.”
The prisoners read written defences, in which they declared it to have been their object to prevent the duel, and procure an apology from the deceased. A number of persons of high respectability gave them excellent characters, and the judge having summed up, the jury, after an absence of an hour and twenty minutes, returned a verdict of “Not guilty,” in favour of the prisoners; who, deeply affected by their awful situation, on hearing the decision, which restored them to society, all bowed their heads, as in gratitude to the Almighty for their deliverance.
BETWEEN SIR ALEXANDER BOSWELL, BART., OF AUCHINLECK, AND MR. STUART, OF DUNCARN.
March 26, 1822.
About eleven o’clock, a meeting took place at Auchtertool, near Balmuto, in Fifeshire, between Sir Alexander Boswell, of Auchinleck, Bart. eldest son of James Boswell, the biographer of Dr. Johnson, and James Stuart, Esq. of Duncarn. Sir Alexander was attended by the Hon. John Douglas, brother of the Marquis of Queensberry, and Mr. Stuart by the Earl of Rosslyn. The ball of Mr. Stuart struck Sir Alexander in the shoulder, shattered the shoulder-blade, and was supposed to have entered the spine, as his limbs were quite paralysed. Sir Alexander was carried to Balmuto House, where he expired. The cause of this duel was a song which appeared in a Glasgow paper, called the Sentinel, on the 26th of December, and which Mr. Stuart ascertained to have been written by Sir Alexander. The manner in which Mr. Stuart became possessed of that information was through a person named Borthwick, concerned in the Sentinel at the time the article appeared in that paper. Borthwick delivered the papers into the hands of Mr. Stuart, and from these papers the discovery of the author of the article mentioned, as well as that of others, was made.
On the 10th of June, the trial of Mr. Stuart, for the wilful murder of Sir Alexander, took place in the High Court of Justiciary, Edinburgh; present, the Lord Justice Clerk, Lord Hermand, Lord Gillies, Lord Pitmilly, and Lord Succoth. The indictment having been read, to which Mr. Stuart pleaded “Not guilty.”
Mr. Cockburn opened the case on the part of the defender. He stated, that all who knew Sir Alexander Boswell must be aware that he possessed, in a very extraordinary degree, the talent of irony. He then detailed the facts relative to the establishment of the Beacon and the Sentinel newspapers, the contributions of the deceased to those publications, and the manner in which Mr. Stuart obtained the fatal evidence. He next dwelt upon the urbanity and peace-making disposition of Mr. Stuart, and showed that the deceased had received no provocation from him, to justify the calumny in which he had indulged against the accused. Having read the opprobrious passages of the song, he contended, that those indignities imposed on Mr. Stuart the necessity of acting as he had done.
The Earl of Rosslyn deposed to the following facts:—At the desire of Mr. Stuart he waited on Sir Alexander Boswell to ask if he was the author of the articles in the Glasgow Sentinel. He told Sir Alexander, that if he would say he was not the writer, and had not sent them to the newspaper, that would be sufficient. Sir Alexander said it was a delicate affair, and he thought he should consult with a friend. He consulted Mr. Douglas, who afterwards told witness that he could not advise Sir Alexander to give any answer. Witness had copies of a song and a paper, signed “Ignotus” when he called on Sir Alexander. The song contained two direct imputations of cowardice. At the wish of Sir Alexander, who had affairs to settle, it was agreed between Mr. Douglas and witness, that a delay of fourteen days should take place, and that the meeting should be on the Continent. Witness subsequently asked Mr. Douglas, if there was not a possibility of not carrying the affair any further; and told him Mr. Stuart would be content to treat the song as a very bad joke, provided Sir Alexander would say he did not intend any reflection on Mr. Stuart’s courage. Mr. Douglas said, he had no hope that Sir Alexander would say any such thing. Sir Alexander changed his mind about meeting on the Continent; and it was finally settled that it should take place at Auchtertool. They met: the ground was measured twelve long paces. Witness gave the word: they fired, and Sir Alexander Boswell fell. Mr. Stuart advanced with great anxiety towards Sir Alexander, but witness hurried him to go away. Before any thing took place on the ground, Mr. Stuart asked witness if it was not fit that he should make a bow to Sir Alexander, and express his wish for a reconciliation. Witness thought it right. Mr. Stuart advanced towards Sir Alexander, apparently for that purpose: Sir Alexander’s back was then turned, and he appeared to be walking away from Mr. Stuart. In the whole of Mr. Stuart’s conduct there was no appearance of personal ill-will or resentment against Sir Alexander; but only an anxiety to defend his own character from the imputations with which it had been assailed, particularly from that of cowardice. His conduct, from first to last, was cool, composed, and temperate. On the field, witness desired him to present his side and not his bust: Mr. Stuart replied, “I do not think I ought to take an aim.” Never, from all his acquaintance with Mr. Stuart, knew a man less quarrelsome or less vindictive.
Mr. Douglas confirmed Lord Rosslyn’s statement respecting the interviews and conversations that had taken place. On their way to the ground Sir Alexander consulted witness as to firing in the air or not. Witness said he must consult his own feelings on that point. Sir Alexander said, he had, perhaps, in an unhappy moment, injured Mr. Stuart, and therefore he should fire in the air. Witness said that was exactly his opinion. After Sir Alexander fell, the only words he spoke to witness were, that he regretted he had not made his fire in the air more decided than it had been. On the journey to the ground, a conversation took place in the carriage, as to the possibility of an amicable adjustment. Sir Alexander said he was convinced there was not any: he did not know whether from an opinion that Mr. Stuart could do nothing else than fight, or whether from his own resolution: he rather thought the latter. Mr. Stuart conducted himself in every respect as became a man of honour and courage.