When Mr. Mawkins, the surgeon, arrived, he found Mr. Chaworth sitting by the fire, with the lower part of his waistcoat open, his shirt bloody, and his hand upon his belly. He inquired if he was in immediate danger, and being answered in the affirmative, he desired his uncle, Mr. Levinz, might be sent for. In the meantime, he stated to Mr. Hawkins, that Lord Byron and he (Mr. Chaworth) entered the room together; that his Lordship said something of the dispute, on which he, Mr. C., fastened the door, and turning round, perceived his Lordship with his sword either drawn or nearly so; on which he instantly drew his own and made a thrust at him, which he thought had wounded or killed him; that then perceiving his Lordship shorten his sword to return the thrust, he thought to have parried it with his left hand, at which he looked twice, imagining that he had cut it in the attempt; that he felt the sword enter his body, and go deep through his back; that he struggled, and being the stronger man, disarmed his Lordship, and expressed his apprehension that he had mortally wounded him; that Lord Byron replied by saying something to the like effect; adding that he hoped now he would allow him to be as brave a man as any in the kingdom.
After a little while, Mr. Chaworth seemed to grow stronger, and was removed to his own house: additional medical advice arrived, but no relief could be given him: he continued sensible till his death. Mr. Levinz, his uncle, now arrived with an attorney, to whom Mr. Chaworth gave very sensible and distinct instructions for making his will. The will was then executed, and the attorney, Mr. Partington, committed to writing the last words Mr. Chaworth was heard to say. This writing was handed to Mr. Levinz, and gave rise to a report that a paper was written by the deceased, and sealed up, not to be opened till the time that Lord Byron should be tried; but no paper was written by Mr. Chaworth, and that written by Mr. Partington was as follows: "Sunday morning, the 27th of January, about three of the clock, Mr. Chaworth said, that my Lord's sword was half-drawn, and that he, knowing the man, immediately, or as quick as he could, whipped out his sword, and had the first thrust; that then my Lord wounded him, and he disarmed my Lord, who then said, 'By G—, I have as much courage as any man in England.'"
Lord Byron was committed to the Tower, and was tried before the House of Peers, in Westminster Hall, on the 16th and 17th of April, 1765. Lord Byron's defence was reduced by him into writing, and read by the clerk. The Peers present, including the High Steward, declared Lord Byron, on their honour, to be not guilty of murder, but of manslaughter; with the exception of four Peers, who found him not guilty generally. On this verdict being given, Lord Byron was called upon to say why judgment of manslaughter should not be pronounced upon him. His Lordship immediately claimed the benefit of the 1st Edward VI. cap. 12, a statute, by which, whenever a Peer was convicted of any felony for which a commoner might have Benefit of Clergy, such Peer, on praying the benefit of that Act, was always to be discharged without burning in the hand, or any penal consequence whatever. The claim of Lord Byron being accordingly allowed, he was forthwith discharged on payment of his fees. This singular privilege was supposed to be abrogated by the 7 & 8 Geo. IV. cap. 28, s. 6, which abolished Benefit of Clergy; but some doubt arising on the subject, it was positively put an end to by the 4 & 5 Vict. cap. 22. (See Celebrated Trials connected with the Aristocracy, by Mr. Serjeant Burke.)
Mr. Chaworth was the descendant of one of the oldest houses in England, a branch of which obtained an Irish peerage. His grand-niece, the eventual heiress of the family, was Mary Chaworth, the object of the early unrequited love of Lord Byron, the poet. Singularly enough, there was the same degree of relationship between that nobleman and the Lord Byron who killed Mr. Chaworth, as existed between the latter unfortunate gentleman and Mr. Chaworth.[43]
Several stories are told of the high charges of the Star and Garter Tavern, even in the reign of Queen Anne. The Duke of Ormond, who gave here a dinner to a few friends, was charged twenty-one pounds, six shillings, and eight pence, for four, that is, first and second course, without wine or dessert.
From the Connoisseur of 1754, we learn that the fools of quality of that day "drove to the Star and Garter to regale on macaroni, or piddle with an ortolan at White's or Pontac's."
At the Star and Garter, in 1774, was formed the first Cricket Club. Sir Horace Mann, who had promoted cricket in Kent, and the Duke of Dorset and Lord Tankerville, leaders of the Surrey and Hants Eleven, conjointly with other noblemen and gentlemen, formed a committee under the presidency of Sir William Draper. They met at the Star and Garter, and laid down the first rules of cricket, which very rules form the basis of the laws of cricket of this day.