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waiter went up, and perceiving what had happened, ran down stairs frighted, told his master the catastrophe, who ran instantly up stairs, and found the two combatants standing close together: Mr. Chaworth had his sword in his left hand, and Lord Byron his in his right; Lord Byron's left hand was round Mr. Chaworth, as Mr. Chaworth's right hand was round Lord Byron's neck, and over his shoulders. He desired Mr. Fynmore to take his sword, and Lord Byron delivered up his at the same time: one or both called to him to get some help immediately; and in a few minutes Mr. Hawkins, the surgeon, was sent for, who came accordingly.

In the mean time Mr. Montagu, Mr. Hewett, Mr. Donston, Mr. Willoughby, Mr. Molineux, and Mr. Sherwin, had entered the room. The account Mr. Chaworth then gave was, that he could not live many hours; that he forgave Lord Byron, and hoped the world would; that the affair had passed in the dark, only a small tallow candle burning in the room; that Lord Byron asked him, if he meant the conversation on the game to Sir Charles Sedley or to him. To which he replied, "If you have any thing to say, we had better shut the door;" that, while he was doing this, Lord Byron bid him draw; and, in turning, he saw his lordship's sword half drawn, on which he whipped out his own, and made the first pass. The sword being through my lord's waistcoat, he

FAMILY OF LORD BYRON..

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thought he had killed him; and asking whether he was not mortally wounded, Lord Byron, while he was speaking, shortened his sword, and stabbed him in the belly.

When Mr. Hawkins, the surgeon, came in, he found Mr. Chaworth sitting by the fire, with the lower part of his waistcoat open, his shirt bloody, and his hand upon his belly. He was very earnest to know if he thought him in imminent danger; and, being answered in the affirmative, he desired his uncle Levinz might be sent for, that he might. settle his private affairs; and in the mean time gave Mr. Hawkins a particular detail of what had passed. He said, that Lord Byron and he entered the room together, Lord Byron leading the way; that his lordship, in walking forwards, said something relative to the former dispute, on which he proposed fastening the door; that, on turning him. self round from this act, he perceived his lordship with his sword either drawn, or nearly so; on which he instantly drew his own, and made a thrust at him; which he thought had wounded or killed him; that then, perceiving his lordship shorten his sword to return the thrust, he thought to have parried it with his left hand, at which he looked twice, imagining he had cut it in the attempt; that he felt the sword enter his body, and go deep through his back; that he struggled, and being the stronger man, disarmed his lordship, and expressed a concern as under an apprehension of

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having mortally wounded him; that Lord Byron replied, by saying something to the like effect; adding, at the same time, that he hoped now he would allow him to be as brave a man as any in the kingdom. Mr. Hawkins adds, that pained and distressed as Mr. Chaworth then was, and under the immediate danger of death, he repeated what he had heard he had declared to his friends before, that he had rather be in his present situation than live under the misfortune of having killed another person.

After a little while he seemed to grow stronger, and he was then removed to his own house, where Mr. Adair, another surgeon, Mr. Man, an apothecary, and Dr. Addington, his physician, came to the assistance of Mr. Hawkins, but no relief could be given him he continued sensible, however, till the time of his death; and Mr. Levinz being now come, Mr. Partington, an attorney, was sent for to make his will, for which he gave very sensible and distinct instructions; and while Mr. Partington was employed in his business, he gave Mr. Levinz, at his request, the same account which he had before given to Mr. Hawkins, lamenting, at the same time, his own folly in fighting in the dark; an expression that certainly conveyed no imputation on Lord Byron, and implied no more than this, that by fighting with a dim light he had given up the advantage of his own superiority in swordmanship, and had been

FAMILY OF LORD BYRON.

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led into the mistake that he was in the breast of his lordship, when he was only entangled in his waistcoat, for under that mistake he certainly was when Lord Byron shortened his sword, and ran him through the body. He added, to Mr. Levinz, that he died as a man of honour and expressed a satisfaction that he was in his present situation, rather than in that of having the life of any man to answer for.

Mr. Partington, when he had finished the business he was sent for, and the will was properly executed, recollected the probability that he should one day be called upon to give testimony to the dying words of his unhappy client; and accordingly, with the caution that always accompanies a thorough knowledge of the law, he thought proper to commit to writing the last words he was heard to say on this occasion. This writing was put into the hands of Mr. Levinz, and gave rise to a report that a paper was written by the deceased, and sealed up, not to be opened till the time that Lord Byron should be tried; but no paper whatever was written by Mr. Chaworth, and that written by Mr. Partington was as follows:

66

Sunday morning, the twenty-seventh of June, about three of the clock, Mr. Chaworth said, that my lord's sword was half drawn; and that he, knowing the man, immediately, or, as quick as he could, whipped out his sword, and had the first thrust; that then my lord wounded him, and he

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disarmed my lord, who then said, By G-d, I have as much courage as any man in England.''

These are the particulars of this unfortunate affair; by which it should seem that neither Mr. Chaworth himself, nor any of his friends, could blame Lord Byron for the part he had in his death. Mr. Chaworth, it is manifest, was under the apprehension of having mortally wounded Lord Byron; and Lord Byron, being still engaged, had a right to avail himself of that mistake for the preservation of his own life. His lordship himself, no doubt, might wish that he had, in that situation, disabled him only; but in the heat of duelling who can always be collected?

Some time after this unhappy affair, Lord Byron surrendered himself to be tried by his peers; and, on the 16th of April, 1765, about half an hour after nine in the morning, his lordship, escorted by parties of the horse and foot guards, and attended by the Lieutenant-Governor and Constable of the Tower, and another gentleman, was brought for that purpose, in a coach, by the new road, Southwark, to Westminster-Hall; and, in the evening, between five and six, his lordship was conducted back the same way and in the same manner, before all the witnesses for the prosecution could be examined.

The trial being resumed the next day, as soon as their lordships had examined the rest of the witnesses in support of the charge against Lord