Duel in Ireland
Case heard October 1806
Dyas v Tandy
At the late Trim Assizes, William Dyas Esq, was arraigned before the Right Hon. Lord Norberry, on a charge of having, on the 18th June, maliciously, wilfully, feloniously, and of his malice prepense, killed and murdered Anthony Brunton Tandy, Esq; by shooting at him, and giving one mortal wound on the right side of the head, of which he instantly died.
Mr. McNally opened the cause of prosecution. The deceased, he said was the son of Mr. John Tandy, a respectable Magistrate for the County, and a man of fortune and respectability. Lieutenant Tandy had served in the West Indies with his regiment; but from wounds he received he returned home and resided at the town of Kells. The gentleman at the bar was an inhabitant of the same town. An intimacy took place.
On the 17th of June, a quarrel took place on account of some trifling difference, when the deceased, heated by passion, called the prisoner “a swindler” to which Mr. Dyas retorted “You lie, you rascal”. At this time they were drinking punch and immediately the tumblers which stood on the table were mutually and at the same instant thrown by each at the other. They stood up- They grappled – and were separated by the persons present. Fortunate would it have been if they had been left to decide their contest by a trial of bodily strength.
Mr. McNally then called Benjamin Bradford who stated the circumstances of the duel. It took place at Hertford Bridge. Before the arrival of the parties at this place witness saw Mr. Tandy walking and pursued him; ran and got over a gate into a field and then saw the prisoner and deceased running alongside each other – saw them get over a large, planted ditch. Mr. Tandy first, Mr. Dyas after him about ten yards.
Mr. Molloy, a Magistrate, who had also pursued the parties, in the hope of preventing the duel, called to the witness (Bradford) to take the left of the ditch, as they might run that way, which witness did. The parties were seen running up a hill, a man came to the top of the ditch, and pointed them out behind a bush, and said they were loading their pistols. Witness ran fast-he saw one of them. Witness immediately called out to them “stop gentlemen”. Mr. Garvey another witness shouted out to them, upon which they ran to a gap. Mr. Dyas continued at the lefthand side of the deceased. They continued to run, and witness followed, When he got within eighty to ninety yards of the gap , which prevented in seeing them he heard a shot- the people called out to witness to run. Witness at 300 yards from the gap when he saw them go over it. Witness ran to the gap, and when he got to the top he saw but one man standing, upon which he knew there was mischief done, and made a sign to that effect to Mr. Molloy by holding up his hands. Mr. Molloy called out to the witness to seize the survivor- witness walked down towards Mr.Dyas, who was stooping over the body which was lying on its belly, with the head on his left arm, a bullet having penetrated his right temple.
Mr. Dyas stood to the right of the body- the feet were towards the gap – when witness came up, Mr. Dyas turned round and said “ I have shot poor Brunton!” Mr. Dyas had hold of the deceased right hand- witness walked round the body to the left side- Mr.Dyas rubbed the head of the deceased, and told the witness that but one pistol went off, and pointed out “Bruntons” as he called him, and his own. Mr. Dyas’s pistols were about three yards away from the body- could not tell exactly where the pistol of the deceased was- Witness took up the pistol pointed out to him as belonging to the deceased- Mr. Molloy observed , “It is cocked” Witness said he knew it, but wished to examine the pan. Upon examination there was no priming, only three or four grains that stuck to the pan but had no appearance of going-off. On shutting the pan, he turned the pistol up and observed a deal of blood on it – under the guard and immediately about the trigger, on close examination of the pistol, he observed a small white spot in the blood which he said was brains and threw the pistol from him in disgust. The barrel of the pistol was open from the stock- there was not any blood on the hands of the deceased but Mr. Dyas right hand was bloody.
Mr. Molloy told Mr. Dyas he had murdered the man, who replied there was no help for it. Witness was not present when the prisoner made his escape. Several other witnesses were examined who corroborated the testimony of Bradford. The Jury retired about a quarter of an hour, and then returned a Verdict of “ Manslaughter at Large”. Lord Norberry, after charging the Jury , sentenced the prisoner to be burnt in the hand and confined for six months.
Courtesy The Sporting Magazine October 1806
David Stroud. ramrodantiques.co.uk
NB: Burning of the hand was a law introduced in May 1799 whereby the subsequent hand burn wound was bound and if healed in three days…. God’s pardon was applied.
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