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aast epee,. to e ; 1. alit .aer.• aa. and accessories after the fact were liable to a term of imprisonment. Lord lisle scented to entertain a doubt 'whether the second of a party injured in a hostile meeting W8.8 liable to punishment in the same manner as the second of his opponent ; and he had some valuable remarks upon the subject. The matter would therefore require to he considered with extreme caution : still however, if the facts which would he laid before them clearly brought the sass within the spirit and meaning of the sections of the act he had referred to, it would be their duty to give effect to the law, end leave the consideration of the consequences entirely out or tho question.
The Recorder adverted to the statute of stabbing, as bearing some- what on the ease in point ; and also referred to Mr. Sergeant Russell's work on Crimes and Indictable Misdemeanours, for the purpose of establishing, by analogy, some precedent for the present case, no exactly similar to Which letd before appeared— It was laid down, that if one party should seek the death of another in a private quarrel, he should be guilty of the crime ot murder: if, however, two I arties should meet casually and a quarrel ensued, and they fought upon the instant, or tvent into a field and fought at once, the crime, in the event of the death of either of them, would be only manslaughter. In many cases, where parties had fought it duel and fatal consequences had ensued, the Jury bad not found the party guilty of murder, but either Of the lesser offence ur entirely acquitted himu lit such cases it was always of the utmost importance to ean. sifter whether the duelling WRS deliberate or took place before the blood liad cooled. In the present instance, the parties measured the distance, stood oppo- site to each other, deliberately fired, and one of them was injured. If it was proved distinctly to theta that the intention or the parties was to murder, or to do each other some grievous bodily harm, it would then be their duty to return a hill in conformity with such evidence; but, on the other hand, if the 'impose of the parties was not clearly made out, they would then be justified in ignoring the bill. One of the persons indicted wns a Peer of the realm, and was there- fore entitled to remove the case from that court, and be tried by his Peers; but that fact would not at all interfere with the Grand Jury's duties; they would have to make their presentment, and if they considered it their duty to re- turn a trite bill, it would then become the ditty of the Lord High Steward to summon to be tried by his Peers. With regard to accessories, he• was of opinion that the second of the party injured was equally as liable as the second of the party causing the injury. It might be suggested, also, that the party injured had not any intention of wounding his adversary ; and it was well known that many persons, although they. went out in order to give their opponents what according to the usual phraseology was termed " satisfaction," had no intention of injuring them. He did not wish to draw his observations too fine, but it was not of an frequent occurrence that such parties, instead of firing at their opponents, discharged their pistols in the air. 'With reference merely to an exchange of shots, he questioned whether in a meeting of that sort, which was not attended with Notions consequences, a felony was com- mitted. In the case under consideration, however, it was different, inasmuch as one of the shots had taken effect. In arriving at a conclusion upon the sub- ject, it would be necessary for the Jury to consider the spirit as well as the letter of the act of Parliament. If, from thc evidence which would be laid be- fore them, they did not feel fully justified in sending the case for further investi- gation, he should not wish them to set the example of prosecuting in Such ClIA'S; because every nobleman, gentleman, and private individual, who had ever hem engaged in a transaction of the sort, would still be liable to a criminal piweem- tion, as the act did not impose any restriction as to the period when such offences might have been committed. During the delivery of this charge, Captain Tuckett, accompaniee • his second, Captain Wainwright, and several friends, entered the court, and remained till the Recorder concluded.
On Tuesday, the Grand Jury found a true bill against Lord Cardigan and his second. Captain John Douglas ; and ignored the bill against Captain Tuekett and his second, Mr. Wainwright.
On Wednesday, Mr. Adolphes applied to the Judges to have Lord Cardigan's name struck out from the calendar, as he would be vied by his Peers. Mr. Justice Bosanquet observed, that the proper course would be to remove the case from that Court to the House of Ia.rds. Mr. Adolphus admitted that would have been the proper course during the session of Parliament ; but as the llonsc of Lords was not sitting, it was doubtful what to do. Mr. Justice Besanquet recommended Mr. Adolphus to move a certiorari cut of the Court of the Lord lligh Steward. An application was then made to poatponc the trial of Cap- tain 'Douglas. as it woeld be desirable to diapese of the case of the principal bef;ire the trial of the accessory. Mr. Justice Bosatapiet agreed with Mr. Adolphus, that it would be very inconvenient to try the case of Captain Douglas before thot of Lord Cardigan. The recag- nizanees of both parties were ordered to be respited till the next session of the Court.
William Ilogeraon, formerly a letter-carrier in the General Post. office, pleaded guilty yeaterday, at the Central Criminal Court, to the charge of stealme several letters containing money and jewellery to a great amount. He was sentenced to be transported for life.
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