established, he should have to regret, that the law had not provided an adequate punishment, and that it was impossible, in the present circumstances, to indict for a higher offence than the charge against the prisoners contained.

The examination of a number of witnesses then followed, which it is unnecessary here to copy. After the case was closed on the part of the crown,

Mr. Arabin addressed the jury on the part of the defendant Vaughan, and observed, at so late a period of the day, he should not attempt to follow his learned friend through his opening; he would only allude to one or two points which had fallen from him; one of which was to join with his learned friend in requesting that the jury would now divest their minds of all prejudice, and decide only on the evidence, before them. The next point was this-his learned friend had said he would not ask the jury to find the defendants guilty, unless the evidence of the five men, and that of Drake, was corroborated by the pure testimony of unconnected witnesses. Had the evidence of that wretched and infamous man been corroborated? He was ready to contend it had not; and, except his testimony, there was not a tittle of evidence to affect Vaughan. It was far from his intention to deny that a conspiracy did exist somewhere, and that Drake was deeply implicated in it but, in his opinion, Vaughan had had no concern whatever in it; on the contrary, he was persuaded that Vaughan, as well as Edwards, had been made the dupe

of Drake's arts, and that a desire to do his duty towards the public had led Vaughan into the error into which he had fallen. With respect to the confession of Mackay, the jury would be told by the Chairman, that nothing contained in that confession could be taken as evidence against Vaughan. He should be able to call the most respectable testimony as to Vaughan's character, and he was convinced the jury would hesitate before they would, on the unsupported testimony of such a witness as Drake, pronounce a verdict of guilty against a young man, which verdict must have the effect of blasting all his future prospects in life, and rendering him infamous for ever.

Mr. Arabin then called Edw Christian, Esq. Chief Justice of Ely, who stated, that the prisoner, Vaughan, had been in his service as a clerk, and, up to the time of this unfortunate trans. action, he had always had the highest opinion of him.

Mr. Gurney shortly replied, and the Chairman recapitulated the evidence. The Jury, after a minute's deliberation, found all the defendants guilty.

The Court immediately proceeded to pass sentence. The Chairman commented, in impressive terms, on the enormity of the crime of which the defendants had been found guilty, and sentenced them to be imprisoned for five years in the House of Correction, and at the expiration of that time to find security for three years, themselves in Sol. and two sureties in 401. each. The case occupied the whole of the day, from ten in the morning till seven

in the evening. The court was crowded throughout the day, and a full bench of Magistrates attended.

Sligo.-Crown Court, Thursday, March 21.-The King v. Fentons.* -On this day this very interesting trial was proceeded in, when the court was crowded to excess. The prisoners, Thomas and John Fenton, esqrs. were indicted for the murder of John Hillas, esq. by killing him in a duel.

Mr. Vandeleur, as counsel for the crown, laid before the jury the following statement of the circumstances in which the prosecution had originated :—

Upon the 6th of last December, a vessel was cast ashore, by stress of weather, upon the coast of Tiveragh, near to the residence of Major Hillas, who was an active magistrate, and a young man of the most humane disposition. A Roman Catholic clergyman, of the name of Burke, sent to inform him of this unfortunate occurrence. He immediately hastened to the spot to discharge his duty as a magistrate, and fulfil his natural inclination as a man. The captain, he found, had fallen overboard; and to his exertions during the entire of a dark and stormy night, the safety of the mate, and of eleven of the crew, was chiefly to be attributed. His object in so acting resulted merely from motives of humanity, and was far

The reason for inserting this trial is

not because duels are rare events; but because an example can scarcely elsewhere be found, of the publicity and disregard to all decorum with which they are carried on in Ireland, and of the open preference given to the laws of custom to those of the land in that unhappy country.

from originating in any pecuniary consideration. While he was in this laudable pursuit, Mr. John Fenton, one of the prisoners, came up, and interfered in a man. ner which appeared to him not to be very correct: an altercation arose; and the result was Mr. John Fenton's telling Major Hillas, "that, if he interfered further, he would throw him into the sea." He, however, conti nued his exertions from the 6th to the 8th of December, on which day the other prisoner, Mr. Thomas Fenton, arrived with a body of yeomen, and forced the property out of his possession. It was in vain that Major Hillas remonstrated; it was in vain that he declared his object was not salvage, and that he was only endeavouring to save as much as possible from the wreck, for the benefit of the owners. Being in this manner frustrated in his intentions, he made a journey to Scotland, where the owners resided, in order to make them acquainted with the circumstances of their loss; and on his return, Mr. John Fenton sent him a message, which, however, was declined, upon principles which, he must say, appeared to him perfectly justifiable. Thus the matter rested until the 30th January, when Major Hillas and Mr. Fenton put in their respective claims before Mr. Wynne and Mr. Irwin, two magistrates who were appointed to investigate the matter. Major Hillas disclaimed before them having been actuated by any pecuniary motives, and professed that he came there merely to have the rights of the respective parties clearly ascertained. It was upon this occasion that the circumstances

circumstances arose in which the duel originated. Major Hillas complained that he had been treated unhandsomely by Mr. Thomas Fenton, who had interfered unjustifiably, and, by taking the mate out of his hands, secured to himself in an unhandsome manner the legal custody of the vessel. Mr. Wynne and Mr. Irwin investigated the transaction. In four days after the investigation closed, Mr. John Fenton delivered a message to Major Hillas, in the name of Mr. Thomas Fenton, the result of which was fatal to Mr. Hillas.

The following witnesses were then examined :

James Moffat knew Major Hillas he died by a pistol shot fired by Thomas Fenton; he was on the ground at Kilmacowen, in the county of Sligo; was there before the parties were placed on the ground; saw the ground measured; Fenton and Hillas walked backwards and forwards on it; they passed each other twice; Fenton was first placed on the ground, then Hillas took his ground; thinks from about a minute or two before Hillas was placed on his; cannot say who handed Fenton his pistol; when he had it in his hand, John Fenton came up and pushed in Thos. Fenton's arm, opposite to Hillas's hip, he then stood between him and Hillas, who also had his pistol; he stood immediately before Thomas Fenton; he cannot say how long before the word was given, but he remained there about ten seconds after; John then stepped aside, across the muzzle of Thomas Fenton's pistol; Mr. Jones did the same to

towards Hillas; he thinks he retired a little before Fenton retired; after that they fired immediately; Fenton fired first, and Hillas fell: the two shots went off just as one might say "one,

two."

On his cross-examination, he said, when John pushed Thomas's elbow, the effect was, that he presented a less front to his antagonist-it protected his body; after the ground was cleared, both were at liberty to fire imme. diately; he saw Hillas before the transaction; he gave him a paper to copy about ten days before; on reading it, he remarked, that the language was very strong, and calculated to irritate: Hillas said, it was not strong enough for such conduct, and that, if stronger could be used, it ought to be inserted.

Dr. Armstrong is a professional man, and attended the deceased as such on the ground; he saw Loftus Jones, the deceased, and Capt. W. Ferrall, on the ground; a stone marked the spud where Hillas stood, another the spud where Fenton stood; when witness came to the stone on Hillas's side, he moved it a little from a rising ground, where it was, down to the level ground; John Fenton asked him why he did so; he an swered, because the place was not level; when on their ground, Hillas addressed the crowd; he was not certain that Fenton heard him; he said, "I am sorry the mistaken laws of honour oblige me to come here to defend myself, and I declare to God I have no animosity to any man or woman on the face of the earth;" John stood before Thomas, he moved his

hand

hand a little up and down; Jones stood opposite Hillas, they each moved away.

On his cross-examination he said, that he is connected by blood and marriage with the deceased; Captain Ferrall was friend to Hillas; there was no better judge of the laws of honour; believes Ferrall tossed up for the choice of the ground, and won it; Hillas was dressed in black; when he threw off his frock, he had on a black waistcoat with black sleeves to it; he saw Hillas at Captain Soden's house shortly before the duel, and asked was it possible for any friend to bring about a reconciliation? Hillas said not, and that he would not make any apology while his heart beat in his bosom; he heard that before the duel he said he would insult either Thomas Fenton or one of his family; there was such a report in the country, but he did not hear him say so.

Loftus Jones, esq.-He was present when a message was delivered to Hillas by John Fenton in the name of Thomas. The message was to fight a duel; he was present at the duel; he was not on the ground exactly when Fenton arrived; he was walking with Hillas; not sure who was first there, but he accompanied Hillas; he was 15 or 16 yards from the Fentons; he saw the ground measured, and stepped out the nine paces himself, at Captain Ferrall's request, who was lame; he saw them both take their ground; Fenton was on his ground about a minute before Hillas took his; he had his eye on Fenton; saw him squaring himself to fight; John Fenton was with his friend, and

put his pistol in his hand, and shoved him round; Fenton got his pistol before Hillas, because Captain Ferrall was a lame man, infirm, and between 70 and 80 years old; Hillas declared he had no animosity; Fenton might have heard him, as he was within seven or eight yards of him; John Fenton was behind him first, and then he shifted before him; he heard no word given; but supposes Ferrall gave it, as he won the toss, 66 as we call it." John Fenton remained in front of Thomas about a minute. Witness was much agitated; he does not think there was half a second between the shots; could not say how soon Thomas fired after John went from before him.

On being cross-examined, he said he was an advising friend to Hillas, so was Mr. Taaffe; Captain Ferrall was his acting friend; they were all practitioners. When Fenton squared himself, he made Hillas square himself also; after the message, Hillas was in witness's house: he made arrangements for the duel there: he prepared his pistols there: tried them: there was a vast number of shots fired: Hillas fired two shots out of witness's pistols at a tree, as a mark he was dressed in black on the ground, and had black sleeves put on his waistcoat after the message was delivered, no doubt with a view to the duel.

:

Robert Ormsby was present at the wreck; there was an altercation between John Fenton and the deceased: John Fenton threatened to throw the deceased down the rock; Hillas was a great means of saving the crew: he heard Fenton say, "G-d damn you;" there were warm words on the subject of the wreck-he heard that the mate, on whom the care of the vessel devolved, gave it up into Mr. Fenton's charge, and he saw the writing by which it was conveyed to him; he heard Mr. Fenton had remained all night upon a rock on the shore, endeavouring to give all the assistance in his power. He saw Major Hillas at Mr. Jones's house on the day before the duel, and saw them preparing the pistols, and Hillas practising at a board, and firing: Hillas fired but a few shots only to try his pistols.

Mr. Wynne was one of the magistrates who sat on the investi. gation of the salvage claims; Colonel Irwin sat along with him; Mr. Hillas remained all the time of the investigation; he used very warm expressions to Mr. Thomas Fenton; he stated his own case, and alleged that the mate was unwarrantably taken out of his hands by Mr. Thomas Fenton; his words were very strong: he recollected his concluding by saying," that the mate was taken, he might say, stolen from him ;" the magistrates interrupted him : his belief was, that he meant to apply the expression to Mr. Thomas Fenton: as a magistrate he wished to put a stop to the proceeding.

Mr. Whitestone, counsel for VOL. LVIII.

the prisoners, said, he would call but one witness.

Doctor Carter was at the duel; he proposed an apology to Mr. Ferrall to be made by Major Hillas; the apology he proposed was for him to say, that "the expres sion which he used relative to Mr. Fenton, were spoken in heat, and not founded in fact, and he was sorry for them." This was objected to. Doctor Carter then proposed to expunge the words "not founded in fact," but Cap. tain Ferrall would not suffer any apology. Hillas was attended by three men, all very competent to advise him on such a subject; but Captain Ferrall was particularly

SO.

On being cross-examined, he said, there was no written apology required from Major Hillas; he did not know whether Mr. Michael Fenton, the prisoner Thomas's father, was skilled in duelling; but he was quite sure that Mr. John Fenton, his second, was quite inexperienced, and he believed Thomas never sent a message before.

The case here closed on the part of the prisoners; and Judge Fletcher proceeded to charge the Jury: he said that he had an arduous duty to discharge, but that there was no exception in a case of this kind; and he was bound to tell them, that where in a duel death ensues, it is murder-murder as well in the principal as in the second. Here one of the seconds was the cousin, and the other (Mr. Ferrall), though not indicted, was equally culpable. No matter whether the duel was fair or foul, usual or not; the law recognised no shades of dis.

Y

tinction;