The Proceedings of the Old Bailey

 

203. +   John Laverick *, late of the parish of  Pancras, in the county of Middlesex , Gent . and 204. +   Christopher Priswick , late of the same place, Gent . were indicted, for that they not having the fear of God before their eyes, but being moved and seduced by the instigation of the devil, on the 13th day of April, in the 21st year of his Majesty's reign , with force and arms, at the said parish and in the said county, in and upon one   John Dawson , in the peace of God and our said

Lord the King; then and there being, feloniously, wilfully, and of their malice aforethought, did make an assault, and that he, the said   John Laverick , with a certain sword made of iron and steel, of the value of 12 d. which he, the said   John Laverick , then and there, had and held in his right hand, him the said   John Dawson , in and upon the right breast of him the said   John Dawson , then and there, feloniously, wilfully, and of his malice aforethought, did strike, thrust, and penetrate, giving to him the said   John Dawson , then and there, with the sword aforesaid, in and upon the right breast of him the said   John Dawson , one mortal wound of the breadth of half an inch, and of the depth of three inches, of which said mortal wound, the said   John Dawson , at the said parish, and in the said county, did instantly die. And that he, the said   Christopher Priswick , feloniously, wilfully, and of his malice aforethought, was aiding, abetting, comforting and assisting the said   John Laverick , the said murder to commit, and do, and that he, the said   John Laverick , and he, the said   Christopher Priswick , in manner and form aforesaid, the said   John Dawson , feloniously, wilfully, and of their malice aforethought, did kill, and murder , against his Majesty's peace, his crown and dignity.

* The court ordered Captain Laverick a chair, he being so weak that he could not stand to take his trial.

To which indictment they pleaded not guilty, and put themselves upon their trial by God and their country.

They were a second time charged by virtue of the coroner's inquest for the murder of the said   John Dawson .

First Coun. for the crown. My Lord, I am council for the crown in this case against the Prisoners at the bar; and though we are now to make inquisition for blood, I hope we shall do it with all the coolness we can, and that we shall avoid doing any thing to occasion any reflection from the Prisoners at the bar: for I should not be willing to dip my hands in any man's blood; we shall prove the facts, and leave it to the court and the gentlemen of the jury; and if these gentlemen have brought themselves under the power of the law, their own acts, their own facts are the occasion of it, but they shall have no occasion to lay any aggravations of the case to me.

My Lord, these gentlemen are indicted for murder, and the circumstances of the case make it the greatest crime that can be committed. The case is this, Captain Dawson, a young gentleman not eighteen years of age, was acquainted with these two gentlemen; Captain   Laverick had been some time acquainted with the deceased, and this young gentleman, Mr. Priswick, (I am not willing to say it, but it will come out in the evidence) did all he could to bring these two gentlemen to hazard their lives; my account is, that this gentleman, Mr. Priswick, went to Captain Dawson, and said, Captain   Laverick said, he was a scrub, and a scoundrel, and that when he met him, he would cane him; and Captain Dawson said, that he would not let any body cane him; and then he goes to Captain   Laverick , and said, that Captain Dawson had used him ill; and he said, in this case, that it would become Captain   Laverick to do himself justice, and left no stone unturned till he brought these two gentlemen to murder one another; and he went into Tavistock-row to a coffee-house, which Mrs. Darkin keeps; and Captain Dawson and Captain   Laverick met there, and words arose, but I would not prejudge it; it may come out in the evidence, that there was a challenge given, and as it is said, I think it will be proved in evidence, that Captain   Laverick gave the challenge; some blows passed between them there, and they agreed to fight the next day; and this young gentleman, Mr. Priswick, said very imprudently, I am very glad of it. Captain   Laverick said he did not care to go, but Mr. Priswick said your honour is at stake, and staid all night, that Captain   Laverick should not go out of his possession. Captain   Laverick said, he had no sword; said he, I will lend you my sword, you shall go; he staid all night and would not leave the gentleman; the next morning he took a hackney coach, and they went to George's coffee-house, and enquir'd for Captain Dawson, he was unhappily there; and Mrs. Phillips was under some concern, left mischief should ensue; and ordered her servant to go after them to endeavour to prevent the mischief; and in six or seven minutes Captain   Laverick and Captain Dawson came out, and went to the bottom of  Southampton-Row ; and then they went to the back wall of Montague House and drew their swords, but in a very short time they shook hands and put up their swords, and the man that followed them thought they were friends; and this Priswick was very busy all this time; and after they had walked over two or three fields, Mr. Priswick knew this   Charles Duggin , who was servant to Mrs. Phillips, and he told him, friend, you must go no further; Duggin said, he was ordered to do it to prevent mischief; and he said, you shall not go any further; and then they drew their swords, from whence proceeded this mischief; Captain Dawson received a mortal wound, and died upon the spot. This gentleman, Mr. Laverick, fell at the

same time, but it will be enquired into, whether this was a real fall or a feigned fall; and this Mr. Priswick, if he had not been pushing this affair on, he would have endeavoured to prevent it. This is the evidence we shall endeavour to lay before the Court in this case : Some put it upon the fashionable, but not legal doctrine of duelling. In Lord Hale's History of the Crown it is laid down beyond all doubt, as clear law, and determined, that if A and B fall out, and presently take their weapons and go out and fight, and death ensues, it is not Murder but Homicide; but if there is deliberation, and they go the next day, then it is Murder*. And if these facts come out as I believe they will (for I should be sorry to urge any thing against them that is hard) I believe the Court will be of opinion that this is murder; and if they are proved, I shall be very sorry for these gentlemen.

*The case of Ferrers and the case of Morgan were cited.

Second Coun. for the Crown. May it please your Lordship and gentlemen of the Jury, the offence with which the Prisoners at the bar stand charged is the greatest offence that can be committed, for the lives of men ought to be very much taken care of, and those who are guilty of these crimes, are to receive conviction and punishment according to law: And gentlemen, you are to go between the law and the Prisoners, and if you find the facts proved, then it lies before you to find them guilty. Gentlemen, this is an Indictment against the Prisoners at the bar for murder, but they are distinguished in the Indictment: Mr. Laverick is indicted for the murder of Capt. Dawson, and the other is charged with being aiding and assisting in this duel, which occasioned this murder; but in the law there are no accessaries in murder, they are all principals, and if you find them guilty of the facts, this is wilful murder in both. Gentlemen, the law makes the killing of a man homicide, but there are different species of killing; if one man kills another under some circumstances, it would be hard to find that man guilty of murder : The law makes an allowance for human passions, we are but men, and as men we have the frailties of human nature: And the law makes an excuse for human frailties; but if a man is in a passion, and has time to cool, and kills another, then the law says he is guilty of murder, and there is no excuse, it is an evidence of malice; then the question is, whether in this case there is this excuse that the law allows? And gentlemen, there are some facts which I will mention very briefly: Mr. Laverick and the deceased met in a coffeehouse, some words, if not blows, passed, and they went out and came in again, and seemed very good friends; and then it was agreed that they should meet and fight: Mr. Laverick declared that he had received a challenge from Dawson, and that they were to fight the next morning, and they did meet the next morning. Gentlemen, they had all this time to cool, and Mr. Priswick had an opportunity of doing a good office, and following the laws of his country; for when Mr. Laverick was told he was to fight, he said he had no sword, Mr. Priswick offered him his sword, and Mr. Laverick said this sword will not do, it will only cut and slash, and he was forced to provide another. There was one Mrs. P hillips, and it was a praise worthy thing in her, she did endeavour to prevent this mischief; she might have had them put under arrest, but the hurry of her spirits and the weakness of her sex did not permit her to do it, but she sent her servant after them, and he followed them; and they went to the back side of Montague House, drew their swords, shook hands, and put up their swords again; they went further on, and then their swords were drawn again, and the deceased dropped down dead. Gentlemen, these are the facts, and, under my Lord's direction, if these facts do appear, and that this was after a whole night's consideration, and of so many hours standing; I say, if they appear to be guilty of that fact, they are guilty of murder. There is another consideration, which I am sorry to mention to you, that this gentleman, Mr. Priswick, appears here as indicted for murder, and perhaps attended with these circumstances, which greatly aggravates the crime; for in order to promote this, he said your honour is at stake; and perhaps, if the law takes place in this case, it may get the better of this mistaken notion of honour : As to Mr. Priswick, I wish I was not under a necessity of saying what I am going to say, for if he is guilty of this, he is guilty of twice the fault that Mr. Laverick is; he had not the same bias upon his mind as to this quarrel, he was a stranger to the quarrel, and when Mr. Priswick came to the coffeehouse, and was told that Captain Dawson and Mr. Laverick were to fight the next morning, he should have softened and mitigated the affair about this false notion of honour; and when Mr. Laverick said he had no sword, he took out his sword, and said

here is mine. Gentlemen, I would not aggravate any thing, only it will come out in evidence, that he lay with Mr. Laverick that night, and went with him to the coffeehouse the next morning; he might then have prevented it; and when Mrs. Phillips's man followed them, in order to prevent their quarrelling, he said you shall not follow us; and when he offered to be Mr. Laverick's second, Mr. Laverick said, Mr. Dawson has no second, and I will not have any. Gentlemen, I shall leave this to your consideration; if under these circumstances you shall think that Mr. Laverick is guilty of wilful murder, and that Mr. Priswick was aiding and assisting him, you will find them both guilty.

  Charles Duggin Sworn.

First Coun. Did you know Captain Dawson the deceased?

Duggin. Yes.

Q. How long have you known him?

Duggin. About twenty days before he was killed.

Q. Do you know the two Prisoners?

Duggin. Yes.

Q. How long have you known them?

Duggin. About two months.

Q. Where did Capt. Dawson lie the night before the duel?

Duggin. At Mrs. Phillips's, the bagnio in Spring Garden. I am a servant there.

Q. Do you know any thing of Mr. Priswick's enquiring for Capt. Dawson on the 13th of April?

Duggin. Yes.

Q. Did you hear any thing that passed between them?

Duggin. No.

Q. What time did Capt. Dawson go out on the 13th of April?

Duggin. Between nine and ten, with Mr. Laverick and Mr. Priswick.

Q. Did your Mistress order you to follow them?

Duggin. Yes.

Q. Did you hear the reason of it?

Duggin. Capt. Dawson said he had been used very ill; he had some bruises in his face, and he said he had them at Mrs. Darkin's; it is a coffee-house in Tavistock-Row.

Q. When by Mrs. Phillips's direction you followed them, where did Dawson go?

Duggin. He went to a cutler's just by Pall Mall, and changed his sword, and then went to George's Coffeehouse in the Hay-Market, and staid there I believe about an hour.

Q. Did they come in a coach?

Duggin. Mr. Laverick did.

Q. Did Mr. Priswick come in the coach with Mr. Laverick?

Duggin. I cannot say whether he did or did not; I saw them all three come out of the coffeehouse, and they went into a coach, which carried them to the end of Russel-street, and they discharged the coach there; then they went down Southampton-Row into the fields, and walked to the back of Montague-House, close to the wall.

Q. What did you see first?

Duggin. Mr. Laverick turned to the wall and took Mr. Dawson by the hand, and I thought they were friends?

Q. How were their swords?

Duggin. I do not know.

Q. What did they say?

Duggin. I do not know; I was not near enough to hear what they said, but Mr. Dawson put up his sword.

Q. Where were their swords at the time of their shaking hands?

Duggin. They were not in their hands, I believe they were upon the ground; but I saw Mr. Dawson put up his sword, and they shook hands, and they all three walked towards Tottenham-Court, and then they went further into the fields : After they had got some way into the fields Mr. Priswick came back, and he said I should not follow them, and then I said, I hope the consequence of this will not be bad, and Mr. Priswick said he would do all he could to prevent any Mischief; and he said to me, the thing was either made up, or was likely to be made up, and afterwards I saw their swords drawn, and they were pushing at one another.

Q. Did Priswick go up to them directly?

Duggin. Their swords were drawn before he got up to them. I saw Mr. Priswick make all the hast he could up to them, and I think he did endeavour to break their passes, and I saw no thrust made after that.

Q. How long was this before they both fell?

Duggin. A very little time : I was in hopes the thing was all over, and soon after I saw Mr. Dawson fall; and when I came up both Dawson and Laverick were down: Mr. Priswick was in a good deal of confusion; I said to him, do you take care of Capt. Dawson, and I will go and fetch a coach, but before I came back he was dead. I desired Mr. Priswick to examine Mr. Dawson's pockets, and there was a letter sent to Mrs.

Darkin, desiring them to come to him at the Swan at Tottenham-Court.

The cross examination.

Pris. Coun. You say Capt. Laverick was down?

Duggin. Yes, and Mr. Priswick said, Laverick stand up. This was after they both fell.

Q. Did he assist Capt. Dawson?

Duggin. He went up to him.

Q. Was you approaching nearer to them when they shook hands?

Duggin. Yes.

Q. Who offered his hand first?

Duggin. Mr. Laverick.

Q. Did you see any animosity then?

Duggin. No; then they walked on together.

Q. How far was you from them when Mr. Priswick came to you?

Duggin. About three hundred yards.

Q. Did he do all that was in his power to prevent it?

Duggin. Yes; and when he came up to them he endeavoured to break their guards.

Q. Now I would ask you, whether he did not endeavour to come up to them as soon as he could?

Duggin. He did, he run as fast as he could to prevent it.

Q. And do you believe that wound was given before he got up to them?

Duggin. I believe it was.

Q. You say Mr. Priswick was in a good deal of confusion, do not you think he would have done Mr. Dawson all the service he could under these melancholy circumstances?

Duggin. I believe he would.

Q. You say you saw them shake hands and put up their swords and walk on, would not the walk they took have carried them to the Swan?

Duggin. Yes.

Q. Do you remember any thing that Mr. Laverick said after Mr. Dawson was dead?

Duggin. No: I was gone for a coach.

Jury. You said Mr. Priswick endeavoured to break their guards; did he strike either of their swords down?

Duggin. I was so far off that I could not see what sword he struck, or whether he struck either of them.

  Thomas Squires Sworn.

Coun. for the crown. Give an account of what you saw of this affair on the 13th of April.

Squires. On the 13th of April between twelve and one, I saw four men go before me into the third field from  Montague-House .

Q. When you first saw them there, were they pretty nigh together, or at a distance?

Squires. The two first were pretty nigh together.

Jury. Were all the four together when you first saw them?

Squires. I think they were; I saw Mr. Priswick turn back to speak to Mr. Duggin, and presently Priswick turned back to go to Dawson and Laverick. Mr. Johnson was with me, and I said to him, there is a duel going to be fought, and we both run, and Mr. Priswick run as fast as he could, and then the two gentlemen were engaged, and had made two or three pushes, and Mr. Priswick waved his hand for us to come up, and Mr. Priswick struck down their guards.

Q. Did you see where Captain Dawson received his wound?

Squires. It was on the right side under his pap, and if Duggin had told us at first that they were going to fight a duel, I believe we might have been up before they could have fought.

Q. How long did Dawson live after he received the Wound?

Squires. I believe from first to last it was a quarter of an hour; they were both down, and Laverick went to Dawson and said, dear Dawson, speak. The Person that was along with me was up before I was, and he said, speak, if you can, but I could not perceive that he spoke at all, and he died in my arms. He said three times, oh, or oh dear, or something like that; we told Mr. Priswick he was dying, and he said, he hoped not, and he ordered Duggin to go for a surgeon and coach, but before he returned, Dawson died.

The cross examination.

Pris. Coun. How long do you think they might continue fighting before Dawson fell?

Squires. I really can't tell how long, I believe about a minute.

Q. And did Priswick do all he could to get up to them?

Squires. He run as fast as he could, and he did all he could.

Q. Do you remember what Laverick said after Dawson fell?

Squires. I said he was dying, and Laverick and Priswick both said, they hoped not.

Q. Did not Priswick strike down their guards immediately after he got up to them?

Squires. He endeavoured to strike down their guards; I said to Mr. Johnson, there is a duel, and then I said to Duggin, there is a duel I believe; there is, said he; do you know them, said I; yes, said he; I know them all three.

Capt. Waddington. I knew Captain Dawson very well all the last campaign, he was in the   Welch Fuzileers ; the first time I saw him in England was, when the quarrel happened.

Coun. for the Crown. When was that?

Waddington. On Tuesday the 5th of April, at Brown's coffee-house, in Covent-Garden; Mr. Laverick came in and spoke to Mrs. Brown, and said something that I did not hear, and turned and went out again; and when he came in again, Dawson said he was a man of more honour, than to cast reflections upon a gentleman, and not to maintain it; and Dawson said to Laverick, I gave you my sword to defend yourself, but you would not, I desire you would never be seen in my company hereafter; upon that, Laverick called Dawson a silly puppy, or something like that; upon that Dawson took his sword in his hand in the scabbard, and struck him on the head with it, and cut his head with the hilt, and they had a little struggle, but we separated them, and there was no challenge that night; I put Mr. Dawson into a chair immediately, and sent him home.

Q. Was Captain Dawson a quiet man, or otherwise?

Waddington. I never knew him in any quarrel, though I was with him all the campaign; he was always reckoned a very good natured man.

Q. Was Priswick at the coffee-house then?

Waddington. No.

The cross examination.

Pris. coun. You say Captain Dawson and Captain   Laverick were in company?

Waddington. Yes.

Q. What regiment was Captain   Laverick in?

Waddington. I was told he was in the Old Buffs.

Q. Do you know any thing of what happened on the 12th of April?

Waddington. I know nothing but what happened that night.

Q. You say Captain Dawson said to Captain   Laverick , I gave you my sword to defend yourself, but you would not; what, do you think he gave him his sword to fight a duel?

Waddington. There was a quarrel between Captain   Laverick and Captain   Roach , as I was informed, I was not there then.

Q. I think you said something as if Captain Dawson insulted Captain   Laverick on the account of cowardice?

Waddington. Yes.

Q. When Capt. Dawson struck him on the head on account of calling him puppy, did not Capt. Laverick bear this quietly, or did he then express any inclination to quarrel, or to take a challenge?

Waddington. There were a few words passed. and I saw Laverick five days afterwards, and he had no thoughts of fighting, for he said he had not heard any thing from Dawson, so he thought it was all over.

Q. Do you think Capt. Laverick had any inclination to it?

Waddington. I believe he had not, at that time, any inclination to fight on the account of that thing; for if Laverick had any inclination to call Dawson to an account, he would have done it before five days.

Q. Was not Mr. Dawson always reckoned a man of very nice honour?

Waddington. Yes, and so they ought to be.

Q. But there is a difference between honour here and honour in the field?

Waddington. There is so.

Q. Was there any resentment after this affront from Capt. Laverick to Capt. Dawson?

Waddington. He did not talk of any resentment, after Dawson was sent away in the chair.

Mrs. Darkin Sworn.

Q. Do you know Mr. Dawson?

Darkin. Yes, I have known him a great while.

Q. I think you keep a coffeehouse in Tavistock-Row, Covent-Garden.

Darkin. Yes.

Q. Has Mr. Laverick lain there?

Darkin. Yes.

Q. Recollect whether there was not a quarrel there?

Darkin. Yes there was.

Q. Give an account of it to my Lord and the Jury.

Darkin. On Monday the fifth of April -

Q. to Capt. Waddington. Was this on Monday or Tuesday?

Waddington. It was Tuesday in Passion Week.

The great Length of many extraordinary Trials this Sessions makes it absolutely necessary to publish them in two Numbers, the latter of which, with the remaining Part of this Trial, will be published in a few Days.

 

The Trial of Mr. Laverick and Mr. Priswick continued, from Page 140.

Darkin. ON Tuesday the fifth of April, at night, the two Prisoners at the bar, Mr. Dawson, Mrs. Phillips, and me, were at the Crown Tavern on Ludgate Hill, and we came home about eleven or twelve at night; Mrs. Phillips and Mr. Dawson went out, and Mr. Dawson came in with his sword in his hand, and said, Laverick is a rascal and a scoundrel, but I have broke his head, and that is enough for me. About quarter of an hour afterwards Mr. Laverick came in with a black eye, and his head cut down, and Laverick said, Dawson has broke my head when I am drunk, but I will break his when I am sober; and I never heard him mention it to Mr. Dawson afterwards.

Q. I suppose you mean before the next quarrel?

Darkin. Yes.

Q. Was that the day before the duel?

Darkin. Yes, I was at the play, and my servant sent for me from the play.

Jury. What day of the month was this?

Darkin. Tuesday, the 12th of April, Mr. Laverick went from my house to the play, and came to my house again; when I came from the play no body was there at all.

Q. Well then, who came in first?

Darkin. As I was speaking to my servant in came Mr. Dawson, and he said to me, how came Laverick to say he would cane me? he is a rascal and a scoundrel; and I never heard Mr. Laverick mention his name. I said to Mr. Dawson, you may call Mr. Laverick what names you please, for I shall never trouble myself about it; and Mr. Laverick said you have used me ill before a great many gentlemen, when I was so drunk, that I was not able to defend myself, and Dawson talked of fighting; Mr. Laverick said he did not love to fight in a coffee-house, and Dawson said he would fight him now; Mr. Laverick said he had no sword, and Mr. Dawson put his sword into his hand, and said, take mine and I will get another; and Laverick took the sword and threw it out of doors, and said, you puppy, do you think I have nothing to do but to fight you? I will not fight : Upon that Mr. Dawson struck him across the head, and said, I find you will not fight, take that then. They went out of doors, and staid about a couple of minutes, and when they came in again Mr. Dawson said to Mr. Laverick, Sir, remember you are to meet me at twelve o'clock to-morrow at George's coffeehouse, and Mr. Laverick said he would; and Mr. Dawson said, if he did not come according to promise, he would post him for a rascal and a scoundrel; then Mr. Dawson went out immediately. Mr. Priswick came in between twelve and one o'clock, and went up stairs into the company where Mr. Laverick was, and Mr. Laverick said to Mr. Priswick, Dawson has challenged me to fight, and Priswick said he would go with him and be his second; Mr. Laverick said there is no occasion for that, for I do not know that Mr. Dawson has a second; Mr. Laverick said, I believe we shall only frighten one another, we shall not fight, for you lost my sword two days ago, and Mr. Priswick said you shall have my sword; Mr. Laverick took it in his hand, and said he would not have it for all the world, for it is cut and thrust.

Q. Did Mr. Priswick use any endeavours to distuade him from it?

Darkin. It was time to go to bed, and I heard no more of it.

Q. Was you up when they left your house?

Darkin. I was not.

Q. Did Mr. Priswick use to lie at your house before?

Darkin. Yes.

The cross examination.

Pris. Coun. Was not Capt. Dawson young?

Darkin. Yes, he was.

Q. And was not he very warm in his temper?

Darkin. Yes; he used a great many provoking expressions, both before Mr. Laverick's face and behind his back.

Q. After Capt. Dawson left your house, what was the first thing Mr. Laverick said about the duel?

Darkin. Fighting, fighting, I don't love this fighting; we must frighten one another, or I shall be kicked about the street.

Q. Do you apprehend that Captain   Laverick had the least inclination to fighting, on account of that quarrel at your house?

Darkin. I believe he never had any thought of it, and when they went out, I said there would be another drunken day.

Q. When Mr. Priswick came in, did not Mr. Laverick still talk of frightening one another?

Darkin. Yes. He said to Mr. Priswick, they must frighten one another.

Q. Do you remember any particular expression that Mr. Priswick used about going with him?

Darkin. He said he would go, for he was both their friends.

Q. Did you from what passed that night, apprehend there would be any show of fighting the next day?

Darkin. I did not believe there was any show of fighting.

Q. What time did Captain Dawson go away?

Darkin. He went away about eleven, and Captain   Laverick went to bed at twelve.

Q. Did he talk any thing of the duel?

Darkin. He said, he must keep up the show of it, in order to show his honour.

Q. Was Mr. Priswick well acquainted with Captain Dawson?

Darkin. I know Mr. Priswick was acquainted with Captain Dawson, for they were countrymen, and Mr. Priswick always expressed a regard to Mr. Dawson.

Q. Did not Mr. Priswick and Captain   Laverick both lie in your house the night before the duel?

Darkin. Yes.

  Elizabeth White sworn.

Coun. for the crown. Did you know Captain Dawson?

White. Yes, I have known him about two months.

Q. What are you?

White. I am servant to Mrs. Darkin.

Q. What do you know of this matter?

White. Last Tuesday was sev'night, after I was in bed, Mr. Dawson came into Mrs. Darkin's coffee-house about ten o'clock at night, and asked for that scoundrel rascal, Laverick.

Q. What regiment did Mr. Laverick belong to?

White. He belonged to the Old Buffs. Eliz. Jones came to me and desired me to get up, for she was afraid there was going to be some damage done; I sent away immediately to the play to my mistress; and I said to Capt. Dawson, I was sorry to see him in a passion, (for I never saw him in one before;) and he said; if I was impertinent he would kick me; and when my mistress came in from the play, Mr. Dawson asked my mistress how she could say such and such things, and he asked again where that scoundrel rascal, Laverick was, for he said, he was come with that resolution, that he should either have his life, or he would have Laverick's life; I sent to the play to desire Mr. Laverick not to come to Mrs. Darkin's, for fear there should be some further damage, but I believe the messenger did not deliver the message right, for he did come; Mr. Dawson went out and came back again before Mr. Laverick came, and Mr. Laverick asked Mr. Dawson how he did, and Mr. Dawson asked Mr. Laverick, how he could presume to say that he would cane him the first time he saw him; and Mr. Laverick said, he never said any such thing, and he did not know what he meant; and Mr. Dawson struck Mr. Laverick over the face, and there were some blows given on both sides; and Mr. Laverick said to Mr. Dawson, I have enough of this, this is usage I don't understand; upon which they both went out of the door, but what they did I can't say; and when they came back, Mr. Dawson said to Mr. Laverick, remember you are to meet me to-morrow, at twelve o'clock, at George's coffee-house, which Mr. Laverick said he would; and Mr. Laverick said he would meet Mr. Dawson if he insisted upon it. I forgot to tell you, that when they talked about fighting, Mr. Laverick said to Mr. Dawson he could not fight him, for he had never a sword,

and Mr. Dawson offered to lend him his sword that night, and Mr. Laverick took it and threw it out of doors.

Q. Was you there when Mr. Priswick came in?

White. I was in bed.

Q. What time was it when he came in?

White. About half an hour after twelve: and I heard Eliz. Jones say to Mr. Priswick, that Mr. Dawson and Mr. Laverick had some words, and that there was a challenge between them, and Priswick said, by G - I am glad of it, I will go along with them. Mr. Dawson went away about eleven o'clock, and I never saw him since.

Q. Did Mr. Priswick stay there all night?

White. He lives there; Mr. Priswick boarded at our house; Mr. Laverick lives at the Blue Boar Inn, in Holbourn.

Q. When they went from your house, did they go in a coach?

White. Yes.

Q. Who called the coach?

White.   Elizabeth Bowman .

Q. When Mr. Laverick and Mr. Priswick went out of your house, did you think they were going about this challenge?

White. I thought they were going to meet Mr. Dawson at George's coffee-house.

Q. What time was that?

White. About eleven o'clock.

Q. Did not they go to meet Mr. Dawson?

White. I believe they went to meet Mr. Dawson, but I did not think any thing of a fight.

  Susanna Phillips sworn.

Coun. for the crown. Where do you live?

Phillips. In Spring Garden.

Q. Do you keep the bagnio there?

Phillips. Yes.

Q. Did Captain Dawson lodge at your house?

Phillips. He used to be pretty much at it.

Q. Do you know Mr. Laverick and Mr. Priswick?

Phillips. Yes.

Q. When was Mr. Dawson at your house?

Phillips. Mr. Dawson lay at my house the night before this thing happened, and told me what had happened at Brown's coffee-house.

Q. Do you mean what happened the night before he was killed, or the first night?

Phillips. The first night, the fifth of April.

Q. Give an account what you know concerning this duel.

Phillips. Mr. Dawson was to have gone from my house the next day.

Q. What he lodged at your house?

Phillips. Yes; but he said he would not go till he saw whether Mr. Laverick would fight him, for he said Mr. Laverick may raise a report that I would not fight him; and Mr. Dawson said, he believed it was all over, for if Mr. Laverick had a mind to fight him, he should have heard from him before now.

Q. What do you know about Mr. Priswick?

Phillips. Mr. Priswick came, and said, Mr. Dawson, will you go? said I, Mr. Dawson, will you go? he said he would; and I said he should not go out with Mr. Priswick, till I knew what he went for.

Q. What happened then?

Phillips. Mr. Priswick said to Mr. Dawson, Mr. Laverick says, if ever he meets you he will cane you; but, says Mr. Priswick, do not tell him that I told you; and he said he believed Mr. Laverick would be at Mrs. Darkin's, and said, I would have you go to see whether he will cane you or not; I said, Mr. Priswick, it is wrong in you to promote a quarrel, for Mr. Laverick knows where to find Mr. Dawson, and if he was to go to strike him again, he would be counted a quarrelsome man; says Mr. Dawson, What does that rascal say he will cane me? if he does, I shall be the first of the family that ever was caned: I persuaded him not to go out, and he said, to oblige you I will not go; and Mr. Priswick said, then you will not go, and Mr. Dawson said he would not; and Mr. Priswick said, then we will not go, and went away.

Q. What happened the night before the duel was fought?

Phillips. The night before the duel Mr. Dawson went out about ten and came home about twelve; and he said he had been at Darkin's, and that he had knocked Laverick down; and he said, I am very well satisfied, for I have received satisfaction enough. By this I thought the thing was all over, and Dawson lay at my house that night, and ordered his servant to be with him at nine o'clock, and he went out very unconcerned the next morning; I bid my man go out and follow him, and come and tell me where he went.

Q. You say you sent your servant to see where he went, had you any apprehension of any damage?

Phillips. No, none at all; I asked where he was going, and he said he would not tell me; and as he had ordered his man to come at nine

o'clock in the morning, I thought he was going from my house. I never saw Mr. Dawson in such spirits in my life, as he had when he went out.

Pris. Coun. When Priswick said, upon your interposition, then we will not go, did Mr. Dawson seem pleased or displeased?

Phillips. I do not remember.

Q. Did you give the same account before the Coroner's Jury as you do now.

Phillips. I think I gave the same account as I do now.

Mr. Sledger, surgeon, sworn.

Coun. for the Crown. I suppose you examined the wound, give an account what you observed.

Sledge. On Wednesday the 13th of April a person came to me, and desired I would go along with him, for there was a duel, and they were both wounded, and he believed one would be dead before I got there; I went to Mr. Laverick first, his coat was unbuttoned, and the breast of his shirt was bloody, and he desired me to go to the other gentleman first and dress him, for he wanted me more than he did; and he asked how Mr. Dawson did, I told him he was dead, and Mr. Laverick said, Is he dead that I loved so much? I found there was a necessity of opening Mr. Laverick's wound, which I did.

Q. Did Mr. Laverick say any thing to Mr. Priswick?

Sledge. He said, I believe you might have prevented this unhappy accident, if you had said something in the coach, which neither of us could do, and Mr. Priswick said, what could I do?

Q. Was this the occasion of his death?

Sledge. I apprehend it was the occasion of his death.

Q. Recollect whether there was any thing else said by Mr. Laverick as if he blamed Mr. Priswick?

Sledge. Mr. Laverick said to Mr. Priswick, if you had come up when I received my wound, in all probability Dawson would have been alive, and you might have prevented this unhappy accident; and Mr Priswick said, what could one man do between two men with swords?

The cross examination.

Pris. Coun. You say, Mr. Laverick was so tender of Mr. Dawson, that he would not let you dress his wound first, but would have you go to Mr. Dawson and assist him.

Sledge. Yes; and when I told him Mr. Dawson was dead, he expressed a concern, and said, Is he dead that I loved so well?

Q. And was not he much concerned about it?

Sledge. He always was all the time I attended him.

Q. Was not Mr. Priswick as much concerned?

Sledge. I believe he was.

Q. Might not a person be wounded while he is fighting, and not be sensible of it immediately?

Sledge. Yes, unless it goes into the cavity, and then it may be some time before it is discovered.

The Prisoners defence.

  James Johnson sworn.

Pris. Coun. Who was the person that was in the field with you when this affair happened?

Johnson. One Squires; but I did not know his name till afterwards.

Q. Give an account of what you know of this affair.

Johnson. When I came first into the field, I saw three gentlemen come from Southampton-Row, and went by the Duke of Bedford's Wall towards Montague House, and then I saw these three gentlemen go towards Tottenham-Court, and they got into the third field; and one of them turned back to a man that followed them, and the other two went on, and he that came on spoke to that man.

Q. What distance were the two gentlemen, when they drew their swords, from the other gentleman?

Johnson. I believe about one hundred or one hundred and fifty yards; and when they had drawn their swords Mr. Priswick made a beck to me with his hand, and run towards them himself; but I apprehend that one of the gentlemen was wounded before he or I got up, and when Mr. Priswick got up to them they were both down, and when they were up, went immediately to fighting again; and Mr. Priswick endeavoured to beat their swords down with his right hand, and took their swords out of their hands; Mr. Dawson fell down backwards, Mr. Priswick went to speak to Dawson, and I said I believed he was dying, and he said Oh! or O dear! Mr. Priswick left Mr. Dawson, and went to assist Mr. Laverick; Mr. Laverick went to Mr. Dawson, and said, for God's sake, Dawson, speak, and I said I believed the gentleman would never speak any more; and then a surgeon was sent for.

Witnesses to the character of Capt. Laverick.

  Francis Partridge . I am an innholder, and keep

the Blue Boar in Holborn. I have known Mr. Laverick from September last.

Pris. Coun. Is he a mild good natured man or a passionate gentleman?

Partridge. I never saw any thing of it, he never had a quarrel in my house, and always behaved himself extreamly well. He lodged in my house.

Q. When did he come to lodge with you?

Partridge. The 19th of December last.

Mr. Martin. I have known Mr. Laverick since February or March was twelvemonth; he was in the Old Buffs, and was quartered at Lancaster. I was three months there, and during that time he behaved very peaceably and quietly, and never had a quarrel there; and I was frequently in his company.

  Thomas Dunis . I have known Mr. Laverick about four months.

Pris. Coun. What is his character, is he a peaceable man or a quarrelsome man?

Dunis. He is very far from a passionate man, and is very civil in company, I never knew him to quarrel in my life.

  John Senhouse . I have known the Prisoner about fourteen years.

Pris. Coun. Has his behaviour been as a quarrelsome person?

Senhouse. No, far from it: My first acquaintance with him was when he was a school-boy, and since he has come to man's estate I never heard any thing against him; I have very often been in his company, and found him to be a very peaceable man.

The Revd. Mr. Hughes (chaplain to the regiment of Old Buffs.) Mr. Laverick did belong to our regiment; I have known him about two years.

Pris. Coun. What has his behaviour been, quiet and peaceable, or what?

Hughes. He is a very good natured man; I never heard that he was addicted to quarrel.

Mr. Jefferson. I have known Mr. Laverick fifteen or sixteen years, and he is a man of a very good temper.

Pris. Coun. Do you think he would promote a quarrel?

Jefferson. He is quite of a different temper.

Q. Has he the character of a peaceable man?

Jefferson. Yes, from all his acquaintance.

Witnesses to the character of Mr. Priswick.

  Zachary Moore , Esq; I live in Brook street, Grosvenor-Square.

Pris. Coun. Do you know Mr. Priswick?

Moore. I know his father, who is a very worthy gentleman of our county, the county of York; and I have heard that the Prisoner has behaved very well, and has a good character.

Q. Do you think he is a person of that temper, that he is capable of doing any such thing as has been laid to his charge?

Moore. I do not think he is.

Coun. for the Crown. Do you speak this from any knowledge of the gentleman?

Moore. I have heard that he has a very good character, as a peaceable man.

Mr. Mackglashan (a surgeon.) I have known Mr Priswick five years.

Q. Have you seen him pretty often in that time?

Mackglashan. When he was in England I have, and I always took him to be a peaceable man, and a sober man, aud never apt to quarrel; and I am sure he is not addicted to drinking.

  Walter Maitland . I have known Mr. Priswick ever since April last, when I was appointed a petty officer in the Defiance, which Capt. Granville commanded; I was perfectly acquainted with him for two months, and I never saw him inclined to quarrel, and he has put up with some severe usage rather than quarrel.

Pris. Coun. Pray, as he would not fight himself, do you think he takes pains to get other people to quarrel and fight duels?

Maitland. I do not; his general character from all that know him is, that of a peaceable good natured man.

Q. What was you on board?

Maitland. I was teacher of navigation.

Q. What was Mr. Priswick?

Maitland. He was a midshipman, and was wounded in the engagement.

Mr. Hind. I have known Mr. Priswick twelve months, and I never saw him addicted to quarrel in my life.

Pris. Coun. Do you think he is a person that would go with messages, or even invent messages, to promote a quarrel?

Hind. No; but I believe if it was in his power to prevent a quarrel he would.

Mr. Sutton. I have known the Prisoner these three years, and he is a very peaceable quiet man.

  James Lowry . I have known Mr. Priswick five months, and his character and behaviour are extream good; he is a sober peaceable young man,

and I believe if he could prevent a quarrel he would.

Mr. Hotham. I knew Mr. Priswick a school-boy; I was with him two years at one school, and since we were men we renewed our acquaintance. I was much surprised at this when I heard it, and would not believe it, and took it to be another person, because his temper and behaviour was always quite the reverse.

Mr. Barlow. I was some time at school with him in Yorkshire, and he always was a quiet good natured lad. I have seen him a little inclinable to liquor, but he was always peaceable, and never inclinable to quarrel, or promote quarrels, but quite the reverse.

  John Webb . I have known Mr. Priswick since last November; he is as quiet peaceable a man as ever I was in company with in my life; and he would sit down with the loss of money rather than have any quarrel.

Mr. Plaice. I was at school with him at Beverley, in Yorkshire, and he was always peaceable, and keeps the same disposition now, as he had when he was a school-boy. He could not be capable of doing any such thing.

The council for the Prisoner observed, that it appeared very plain, that Captain Dawson had given Captain   Laverick many provocations to fight, and that Captain   Laverick had often declined it, and did not seem to have any inclination to perpetrate such a design; that their putting up their swords and shaking hands, is a strong evidence of a reconciliation. And as to Mr. Priswick, his running up to them as fast as he could, after he saw their swords were drawn, carries a strong presumption that he did it with a design to prevent the mischief that was likely to ensue; and that though Captain   Laverick had the misfortune to kill his friend, he hoped that his lordship would not take this to be murder in the eye of the law, and left it to his lordship's consideration*.

* The council for the Prisoner cited the case of Maugrige and Cope, and the case of Oneby and Gawler; on which the council for the crown in reply, made some observations, and quoted Hale's history of the crown, vol. 452.

The council for the crown replied, that he was unwilling to reply in a case of this nature, but only to do his duty to his client, and in regard to the publick, that he did not doubt but his lordship would call this murder in the eye of the law. For only give this the name of a duel, and then according to the wild notion of people. men may get off with impunity : that he spoke it with deference to the court, that if two persons quarrel on a sudden, and their blood is up, and one kills the other, it is not murder, but homicide, or manslaughter; but if there was time for them to cool and recollect, and one kills the other, then he must take the punishment which the law inflicts upon murder; and if Mr. Priswick was aiding and assisting in this, he is equally guilty with the other; and that it is murder, and left it to the consideration of his lordship and the jury, what part Mr. Priswick has taken in this affair.

The jury found Captain   Laverick guilty of manslaughter , and acquitted Mr. Priswick.

[Branding. See summary.]