310 ANNUAL REGISTER, 1813. 



mission on money transactions, it 

 would be virtually repealing the 

 statute. The labours of a judge 

 may frequently be unpalatable, and 

 sometimes may be unsuccessful ; 

 but he has only to look to his so- 

 lemn oath of office, and from the 

 judgment of his own mind, and 

 the decisions of those who have 

 gone before him, to attain a con- 

 clusion. This case I think is pe- 

 culiarly pregnant with evidence 

 that the charge was a colour for 

 usury. In stating the law to you, 

 which is my duty, I shall not en- 

 croach on your province ; but I 

 must state the law to be, that if 

 the defendant has taken, as an ad- 

 vantage or profit to himself, more 

 than 5 per cent per annum, he 

 has incurred the penalties for which 

 this action is brought. The penal- 

 ties are very severe, and I regret 

 that in this case they are so. If 

 you can see, which I cannot, from 

 any thing that has yet been sug- 

 gested, enough to warrant you in 

 concluding, that the extra sum was 

 taken as indemnity, you may give 

 it : if not, you ought to find for 

 the plaintiff. 



The jury without retiring, 

 found for the defendant. 



Hampshire Assizes. — Duelling. 

 Edward M'Guire, Andrew Dil- 

 lon, Joseph Gilchrist, and Daniel 

 O'Brien, were charged with the 

 wilful murder of lieutenant Blun- 

 dell, in a duel, in the Isle of 

 Wight. 



The rev. John Barwis is a ma- 

 gistrate, residing at Niton, in the 

 Isle of Wight. — On the 8th of 

 July, about eight in the evening, 

 he was informed that Mrs. White, 

 mother-in-law to lieut. Blundell, 



the deceased, wished to see him ; 

 he went to her about dusk; in 

 consequence of what she said, he 

 went to the White Lion, and asked 

 the landlord for Mr. M'Guire, 

 who came to him, and they walked 

 backward and forward near the 

 inn. He told Mr. M'Guire, in 

 consequence of information, he 

 must bind him to keep the peace. 

 Mr. M'Guire replied, he was a 

 peaceable man, and that he had 

 been ill used ; that Blundell had 

 raised a report that he had supplied 

 M'Guire with clothes. Witness 

 said he must do his duty, if he 

 persisted in his intention of fight- 

 ing, and requested him to go to 

 the barracks immediately. He re- 

 plied he should be happy to oblige 

 him ; and he repeated his request, 

 and required his word and honour 

 that he would not fight Blundell ; 

 M'Guire replied, 1 give you my 

 word of honour that I will not 

 challenge Blundell ; on which they 

 parted, and M'Guire went toward^ 

 the barracks. Witness returned to 

 the White Lion, and desired Blun- 

 dell might be brought to him : he 

 waited a considerable time, but 

 he did not come ; went to the 

 house where he was, and saw 

 Blundell, with lieutenants Dillon 

 and A. O'Brien. Mr. Blundell 

 came to him, and they had some 

 conversation. Mr. Blundell re- 

 turned, and so did the witness : 

 addressing himself to the company, 

 lieut. Dillon sitting at the head of 

 the table, he said he feared they 

 were there at no good ; that he 

 was a magistrate, and that he came 

 to keep the peace : that if there 

 was any disposition to a duel, he 

 should bind them over. Mr. Blun- 

 dell then took the lead in the con> 



