The Trial of James Thomas Earl of Cardigan: Before the Right Honourable the House of Peers in Full Parliament for Felony, on Tuesday the 16th Day of February 1841

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W.B. Gurney, 1841 - 123 pages
Cardigan is charged with brandishing a pistol at and against Harvey Garnett Phipps Tuckett with the intent to kill.
 

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Page 13 - And, by sect. 12, it is enacted that if any person unlawfully and maliciously shall shoot at any person, or shall, by drawing a trigger, or in any other manner, attempt to discharge any kind of loaded arms at any person, or shall unlawfully and maliciously stab, cut. or wound any person, with intent, in any of the cases aforesaid, to maim, disfigure, or disable such person, or...
Page 21 - ... without any warrant or authority from any power either divine or human, but in direct contradiction to the laws both of God and man; and therefore the law has justly fixed the crime and punishment of murder on them, and on their seconds also...
Page 6 - ... aforesaid (as well within liberties as without), by whomsoever and in what manner soever done, committed or perpetrated, and by whom or to whom, when, how, and after what manner, and of all other articles and circumstances concerning the premises, and every or any of them, in any manner whatsoever; and the said treasons and other the premises, according to the laws and customs of...
Page 15 - Person, or shall unlawfully and maliciously stab, cut, or wound any Person, with Intent, in any of the Cases aforesaid, to maim, disfigure, or disable such Person, or to do some other grievous bodily Harm to such Person...
Page 7 - Riel, against the form of the Statute in such case made and provided and against the peace of our said Lady the Queen, her Crown and dignity.
Page 21 - This takes in the case of deliberate duelling, where both parties meet avowedly with an intent to murder : thinking it their duty as gentlemen, and claiming it as their right, to wanton with their own lives and those of their fellow-creatures; without any warrant or authority from any power either divine or human, but in direct contradiction to the laws both of God and man...
Page 15 - Person so offending shall be guilty of Felony, and being convicted thereof shall be liable, at the Discretion of the Court, to be transported beyond the Seas for the Term of his or her natural Life, or for any Term not less than Seven Years, or to be imprisoned for any Term not exceeding Two Years, with or without hard Labour, as the Court shall direct.
Page 5 - Court of the said city, and others their fellows justices of our said Lady the Queen, assigned by letters patent of our said Lady the Queen, made under the great seal...
Page 6 - ... bailiwick (as well within liberties as without) by whom the truth of the matter in the premises shall be the better known and inquired into.
Page 15 - Tuckett some grievous bodily harm. It will be for your lordships to say whether, upon the facts which I shall lay before you, and which I am instructed to say can be clearly made out in evidence, each and every one of the counts must not be considered as fully established. The substance of the evidence in this case is, that on the...

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