CAPTAINS SMITH AND MAREHAM.—BillS were presented to the Grand Jury
of Dublin against these gentlemen, the principal and se- cond in the duel in which Mr. O'Grady lost his life in March last, for manslanghter and for murder. The Grand Jury returned the bill for manslaughter " found ; " to the other bill they did not affix any mark. The return is, we believe, singular. Their objection to the bill for murder was founded on the phrase malice prepense employed in it. On the 25th ult., the trial came on before Judge Vandeleur. The case was stated very clearly and concisely by Mr. North ; and the evidence fully bore him out. It was proved that the whip which Mr. O'Grady held up to save himself and horse from Captain Smith's gig, was a small lady's whip—his mother's ; that he was proceeding at a walking pace, and with the utmost quietness ; that he made no blow, and meditated none,—although it was admitted, that, from the flexibility of the whip, he might have struck the gig-top, and as Captain Smith might think, purposely ; it was also proved that Captain Smith struck Mr. O'Grady repeatedly and brutally, and without the slightest previous attempt at ob- taining explanation. The Jury found both gentlemen guilty, but re- commended them to mercy. They were condemned to a twelvemonth's imprisonment. Captain Smith seems to have exhibited little of that for- ward courage, in Court, which he displayed to poor O'Grady. When the sentence was pronounced, he struck his forehead, called on the Court to take his life, and blubbered like a great boy; nor was it without diffi- culty that his friends could pacify him. The Judge stated, after pass- ing sentence, that the conduct of the gentlemen in the field had been auch as to leave no imputation on their characters.
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