Gazette Of The United States, & Philadelphia Daily Advertiser

LAW REPORT.

COURT OF KING'S BENCH, MAY 3.

The King v. Beard, for sending a Challenge

Mr. Justice Ashhurst pronounced the judgment of the court as follows,

John Beard, you have been tried and found guilty on an information that has been filed against you for challenging George Johns to fight a duel, and for saying of him that he was a poltroon and a coward, with an intent to provoke him to fight. Of this charge the jury have found you guilty.
It is certainly a matter very much to be lamented, that the practice of duelling has of late become so frequent in this kingdom. That practice, however it may be countenanced by the mode and fashion of this country, certainly to call it by its proper name (if attended with that effect which is meant to be carried into execution) is no better than wilful murder. It is contrary to the laws of God. It is contrary to the laws of man; and therefore, whatever you may think of it, it is certainly a disgrace to the civilization of this country. If the act had produced the effect you intended and your antagonist had fallen, the law would have condemned you as a murderer. Your crime is very much aggravated, because it appears this was not the consequence of sudden heat or passion, but that you intended to take away the life of your fellow-creature: and for that purpose you were seen practising and shooting at a mark to make your hand more sure and certain in the act of wilful murder.
The crime of which you have been found guilty deserves the severest animadversion of the law, and whether this court may be successful in their endeavours or not, at all events it is fit we should pronounce such a sentence as may convince the world we do not choose to give countenance to this practice. The sentence of this court therefore is, that you be imprisoned in the jail of the King's bench for the space of nine calendar months, and at the end of that imprisonment, that you give sureties for your good behaviour for the term of five years, yourself in the sum of 500l. and your two sureties in 250l. each, and that you be further imprisoned till such sureties shall be given.