Page:Notes and Queries - Series 12 - Volume 8.djvu/494

 404 NOTES AND QUERIES. [i2s.viii.MAY2i,i92i. to fire in the air. as that would at once settle the , matter ; and I certainly thought he would have done so. " When we were on the rising ground at the J back of West's Farm, Doctor Strachan sug- j gested that it appeared to be a fit place ; but the [ deceased said, ' Let us go lower down, as the ground appears more level, and better for our purpose ' ; and after he had repeatedly urged us to do so, we measured off fifteen long paces near where he, pointed out, and put a mark in the ground nearly one pace more than we measured, making j the distance nearly sixteen long paces, or about j forty-eight feet. During this time Captain Budkin was standing on the rising ground, a quiet spectator of all that was going forward. When the ground was measured, the deceased pulled off his coat, cap and stock, and then took his station, which Doctor Strachan and I tossed up for. Doctor Strachan then beckoned Captain Budkin down from the rising ground, who took his place also, but did not take off his coat. I ; then went up to the deceased and said, ' Now vou have come here, there needs no further proof of your courage ; go up to Captain Budkin and say I throw myself on your friendship.' The deceased answered, ' No, I am here let it ! go on.' I replied, ' You have yourself to blame, ! whatever may be the consequence.' I then | went to Dr. Strachan and informed him of de- ; ceased's determination not to make the apology ; required, and we were of opinion the proceedings ' must go on. The pistols being delivered to the I parties, they fired nearly together, but without I taking effect ; and the deceased immediately held out his pistol as if for the purpose of its being reloaded. I then went up to him and said, ' Now your courage has been put to the proof and established, for God's sake go up to Captain Budkin like a man, and apologize.' Be answered, ' I cannot, it is impossible.' I then went up to Dr. Strachan and consulted with him what was to be done ; and we considered that wo could not leave the ground, as the matter would be left quite in the same state as it was before the meeting and another must inevitably take place. We therefore reloaded the pistols, and the deceased held out his hand to receive his. On delivering it to him, I said, ' Now go up to Captain Budkin, or else I will not remain on the ground after this fire.' But the deceased would not listen to my proposition, and drew himself up and fixed his eye on Captain Budkin, and seemed more determined than he was even before the first fire. We gave the word, and they fired at the same moment the deceased fell. We im.media.tely ran up, and Captain Budkin at first thought the wound was in the arm ; but when he found that it was mortal, he appeared in a state of distraction, and ran off the ground, saying he would go and send assistance. " This is, gentlemen, I most solemenly assure you, according to the best of my recollection, a faithful and honest statement of all the circum- stances which came under my knowledge or observation attending the melancholy transac- tion ; and I ever shall deplore that I was so unfortunate as to be made a party to it, which I never would have been but with a well-founded hope that I might be the happy means of effecting a reconciliation ; and I grounded that hope upon my knowledge of the amiable temper and goodness of heart which I knew Captain Budkin possessed, and by which he had endeared himself to all his brother-officers. I knew also, gentle- men, that the unfortunate deceased had had unpleasant differences with most of the gentle- men belonging to his corps, and that there was scarcely one of them whom he could ask to" act as his friend on such an occasion. " Gentlemen, I have been sixteen years in the Boyal Navy, and during that period have been in frequent engagements with the enemies of my country," &c. DOCTOB'STBACHAN'S ADDRESS. ' My Lords, and Gentlemen of the Jury, " I beg to avail myself of the privilege which has been allowed to my fellow-prisoners. ! >' o f reading the remarks which I think it necessary to submit to you on the present important occasion, on the issue of which depends f^my character and all my future prospects. " I am, gentlemen, as you will know by my designation in the indictment, a Surgeon, and am attached to the Veteran Companies ; and un- fortunately, gentlemen, officers holding the situa- tion in the army which I have the honour to do, are too often chosen by their brother-officers to act as friends in affairs similar to the un- happy one which has been the cause of my being placed in the unfortunate situation in which I now stand ; beca.use, being military men, we are bound to observe all the rules and customs established in the army on such occasions ; and as professional men our services might be useful in cases in which surgical aid might be necessary. " But, gentlemen, on the late unhappy occasion, I know that Captain Budkin's motive for asking, and my motive for accepting the unpleasant off ce, was that I am almost the only officer in the corps with whom the deceased had not been engaged in some unpleasant altercation ; and I therefore considered myself more likely than any other to prevail on the deceased to make the reasonable apology Captain Budkin required. . . . " On the morning of the fatal meeting, Captain Budkin called at my quarters, and asked me to step outside. I accordingly went, when he asked me if I would act as his friend. I replied that I hoped he had not any unpleasant affair on hand. He told me that he had received such a gross insult the night before from Mr. Philpot that he wished me to act as his friend, and endeavour to settle it in the most honourable manner, and amicably, if I could possibly do so without compromising his character ; but he declined informing me the particulars of the transaction, and referred me to Captain and Mr. Cavendish Willock, who were present when the circumstances occurred. I accordingly waited on those gentlemen, and after hearing their account of it went to Mr. Philpot, whose state- ment exactly corresponded with theirs. I then told him his conduct had been so aggravating and ungentlemanly that he must make an apology, and throw himself upon Captain Bud- kin's kindness. He replied, ' I have received Captain Budkin's message through you, and I am now waiting for my friend, whom I will send