[ Harrison / The Life of the Right Honourable Horatio Lord Viscount Nelson ]
This two-volume biography of the famed Vice Admiral Horatio Nelson was written by James Harrison and published by C. Chapple, London, 1806.
Nelson, who remains a highly honored figure in Britain, came to fame as a daring and successful naval officer during the 1790s in engagements against Spanish and French naval forces. Despite losing one eye and, later, an arm to combat injuries, Nelson continued a successful career that included his victory against Napoleon's French fleet off the coast of Egypt in 1798, known as "The Battle of the Nile." Nelson was killed in The Battle of Trafalgar (October 1805), a decisive defeat of Napoleon's naval forces, and, already popular, instantly became a national hero; he was given a state funeral and was buried in St. Paul's Cathedral. He is widely considered one the greatest naval commanders in history.
The mention of Newfoundlands in this biography (in volume two) concerns Nelson indirectly, and involves an incident that took place on April 6, 1803, the day that Nelson's close friend, Sir William Hamilton (the British diplomat and vulcanologist) died. (This incident is also treated elsewhere here at The Cultured Newf, both in The Naval Chronicle (April 1803) and in Walker's Hibernian Magazine (February 1804).
It is remarkable that, the very day of Sir William's death, Captain Macnamara, Lord Nelson's old fellow-traveller when he visited France the latter end of the year 1783, killed Colonel Montgomery, and was himself shot through the left side by his antagonist, in a duel near Primrose Hill, Hampstead. They had been riding in Hyde Park, that morning, with each a Newfoundland dog; in whose first quarrelling and fighting, originated the dispute which so fatally terminated in the evening. Captain Macnamara was tried at the Old Bailey, on the 22d of the same month; but Lord Nelson, as well as his friends Lord Minto, Lord Hood, and Lord Hotham, giving him a most excellent character, though Judge Heath directed the jury to find a verdict of manslaughter, both from the evidence and the captain's own admission, they resolutely pronounced him — "Not guilty!" (414)
Captain James Macnamara was a British naval officer who had at times served under Nelson and who was a longtime friend. Macnamara's involvement in a duel — the men used pistols, by the way — apparently did little to impede his professional advancement, for he eventually achieved the rank of Rear Admiral in 1814. Macnamara died in 1826.
Macnamara was tried at The Old Bailey, the principal court in London, and the records of The Old Bailey, now freely available online, confirm that Newfoundlands were involved, and provide more details as to the encounter. What follows — it's lengthy, but I've included it because of the frequent reference to the dogs — is part of the transcription of Macnamara's trial
(Reference Number: t18030420-2); "Mr. Knapp" is one of the attorneys for the prosecution.
MR. KNAPP: Gentlemen, Colonel [Robert] Montgomery was in Hyde Park, riding up and down between the bridge and the bar, where the horsemen come in. There were two large Newfoundland dogs, one belonging to Colonel Montgomery, the other belonging to the prisoner at the bar. The dogs attacked each other; they fought a battle. Col. Montgomery, seeing his dog had the worst of it, got off his horse, and asked "whose dog it was?" The prisoner, Capt. Macnamara, said, "it was his." Col. Montgomery said, "if you do not call your dog off, I shall knock him down." The defendant said, "have you the arrogance to say you will knock my dog down? How is it possible to prevent the fighting of dogs in an open field?" This word Arrogance, I understand, was made use of several times by the defendant. The defendant said, "he was a Captain (as was true, and a most respectable one) in the Royal Navy." After this nothing more passed that I am aware of, excepting that they pursued their different courses, and went towards Piccadilly; when they arrived in Piccadilly, some circumstances transpired, which I shall not state, because it is not evidence; but in consequence of that, I believe you will find that an appointment was made to meet within two hours at Primrose-hill. The persons who met at Primrose-hill you will find beyond all question to be Colonel Montgomery, the unfortunate gentleman at the bar, a Major Keir, or some such name, a Capt. Barry, and a gentleman very respectable in his line, Mr. Heaviside. When they are there, the ground is taken, a duel takes place, pistols are presented both by Col. Montgomery, who is dead, and the prisoner at the bar. Col. Montgomery fell. The prisoner received a desperate wound, under which he now labours. Col. Montgomery very speedily after died, and I shall be able to prove, beyond all doubt, that he died in consequence of the wound he received from the pistol; I shall be able to prove it by a gentleman who happened to be upon the spot, who knew nothing of the parties, who saw the pistols fired, and who stood about fifty yards off; he will be able to identify the persons of both the Gentlemen; he will prove to you that both of them were wounded in consequence of the firing; that Col. Montgomery was taken off the field, and died very soon after, and that Captain Macnamara was immediately taken.
. . . .
WILLIAM SLOANE , Esq. sworn. - Examined by Mr. Knapp. Q. Were you in Hyde-park on Wednesday the 6th of April? - A. Yes, between four and five o'clock in the afternoon.
Q.Were you on horseback? - A. Yes, in company with my brother and the deceased, Colonel Montgomery.
Q.Had you any dogs with you? - A. There was a dog following Col. Montgomery.
Q. A dog of what nature? - A. A Newfoundland dog, and there was another Newfoundland dog belonging to Capt. Macnamara.
Q. Did you know that gentleman at that time? - A. No; there were several gentlemen with him.
Q. Whereabouts was it? - A. Between the bridge and the barrier.
Q.Did any thing happen between the dogs? - A.They began fighting, they were both Newfoundland dogs. I observed Col. Montgomery turn round, and jump from his horse, in order to separate the dogs; they did separate. I heard Col. Montgomery call out, "whose dog is this?" Capt. Macnamara answered, "that is my dog." Col. Montgomery said, "if you don't call your dog off, I shall knock him down." I do not exactly use his words. Captain Macnamara said,"Have you the arrogance to say, Sir, that you will knock my dog down?" Col. Montgomery said, "I certainly shall knock the dog down if it falls upon mine again." About this time Lord Burghersh joined Col. Montgomery, my brother, and myself; a conversation ensued, and I think I heard the word Arrogance again from Captain Macnamara. Lord Burghersh joined us again about that time, and we proceeded on to Piccadilly.
Q. All of you? - A. All of us; I heard Col. Montgomery say, "Col. Montgomery," and I heard Capt. Macnamara say, "Captain Macnamara, of the Royal Navy." Col. Montgomery expressed a disinclination to quarrel; he said,"Sir, it is not my intention to quarrel with you, Capt. Macnamara; but if your dog falls upon mine, I shall knock him down," or something of that sort. We had some conversation in Piccadilly; I took leave of Col. Montgomery at the top of St. James's-street, with an intention of going home; I turned round, and saw Capt. Macnamara's party turning back from St. James's church; they had gone forward; I saw them turning back to go to St. James's-street; I had at that time got a little way up Bond-street.
Q. At that time, where was Col. Montgomery going? - A. I had taken leave of him, and he went down St. James's-street with my brother and Lord Burghersh. I then returned to my friends, and when I got into Jermyn-street, I saw Col. Montgomery going towards St. James's church; I rode after him, and then I saw the prisoner and Colonel Montgomery, and other persons; they were about thirty yards separate, in Jermyn-street, and then some gentleman rode up to Col. Montgomery.
Q. Whatever was then said, I suppose it was impossible for Capt. Macnamara to hear it? - A. Yes; a gentleman rode up by my side from Capt. Macnamara to Col. Montgomery, whom I have since understood was Capt. Barry.
Q. Did the same person who went from Capt. Macnamara to Col. Montgomery return to Capt. Macnamara again? - A. I do not know.
Cross-examined by Mr. Erskine. Q. You saw the dogs begin to fight? - A. Yes.
Q. They met each other of their own accord? - A. Yes.
Q. There was no reason for supposing the dogs were set on by either of their owners? - A. No.
Q. Col. Montgomery said, whose dog is this? - A. To the best of my recollection he did.
Q. Capt. Macnamara said, he is mine? - A. Yes.
Q. Capt. Macnamara was dressed as a gentleman, and had the appearance of a gentleman? - A. Yes.
Q. And there was no reason to suppose that that gentleman, who was a stranger, had been at all concerned in setting his dog on? - A. No.
Q. Upon which Col. Montgomery said, "if you do not call your dog off, I will knock him down? - A. Yes, to that effect.
Q. Be so good as let us know in what way he said that - did he pull off his hat, and say, Sir, be so good as call your dog off? - A. No, he did not.
Q. Instead of that, he said, if your do not call your dog off, I will knock him down? - A. Yes.
Q. He did not say it in a very gentle manner? - A. No, I do not think he did.
Q. Not in a very conciliating manner? - A. No.
Q. In consequence of that, Capt. Macnamara said, "have you the arrogance to say you will knock my dog down?" - A. Yes.
Q. Upon which Col. Montgomery again said, he would knock the dog down if he attacked his dog again? - A. Yes.
Q. I will remind you of only one expression more - Did he not say to Capt. Macnamara, if he was offended with those expressions, he knew where to find him? - A. Yes.
Q. Was this subsequent to telling him he was a Captain in the Royal Navy? - A. I cannot say whether it was before or after.
STEPHEN SLOANE , Esq. sworn. - Examined by Mr. Knapp. Q. Were you in Hyde-park on the 6th of April, in the afternoon? - A. Yes, I was.
Q.With your brother and Col. Montgomery? - A. Col. Montgomery joined us.
Q. Did you know Col. Montgomery before? - A. I knew his person, but I did not know him to speak to him.
Q. Do you remember coming to the barrier in Rotten-row? - A. Yes.
Q. Do you remember Col. Montgomery having a Newfoundland dog with him? - A. Yes.
Q. Do you remember any other person coming up who had also a Newfoundland dog? - A. That was before we came to the barrier; the first I heard was seeing the dogs fighting, and Col. Montgomery seeing his dog undermost, turned round and jumped off his horse to separate the dogs.
Q. At the time he was endeavouring to separate the dogs, did you see the other gentlemen? - A. While he was separating the dogs, the other gentlemen rode up.
Q. Who were the other gentlemen? - A.Capt. Macnamara was one of them.
Q. That you are sure of? - A. Yes; when Col. Montgomery jumped off his horse, he made this observation upon going up to the dogs, I will knock that dog down if he commits a violence upon my dog, or words to that effect; Capt. Macnamara then rode up, and said, if you knock my dog down, Sir, you must knock me down afterwards; Col. Montgomery made some observation, which I do not exactly recollect.
Q. Try to recollect? - A. He said to Captain Macnamara , this public place is not a proper place for the adjustment of the dispute; my name is Col. Montgomery, you may know where to find me. Capt. Macnamara then said, my name is Capt. Macnamara, of the Royal Navy. Colonel Montgomery then observed, that Capt. Macnamara could not suppose he intended any offence, either by desiring him to call off his dog, or by saying he would knock the dog down. Captain Macnamara then observed, very nearly in words to this effect, that he did not feel himself offended by what had passed; but if Col. Montgomery did say any thing that was intended to offend him, he would have taken it up with the greatest eagerness, or words very much to that effect, words that tended exactly to that effect; I cannot recollect the exact words, because a number of persons came up, and asked me what had happened, which took off my attention.
Q. Do you recollect any thing else that passed? A. I recollect Capt. Macnamara used the word Arrogance several times.
Q. Do you recollect any thing else? - A. I recollect nothing else; they separated; the parties went along Piccadilly; Col. Montgomery and his party, consisting, I think, of three persons; they were pretty nearly together till they got into Piccadilly; they separated in Piccadilly.
Q. Did you go into Piccadilly with them? - A. I went into Piccadilly with them.
Q. Where did the parties divide? - A.Almost immediately after they got through the gate.
Q. Did you see them together at any time afterwards? - A. We went on, Capt. Macnamara and his friends keeping about fifty yards before us; Capt. Macnamara was first; we went in this way till we got to St. James's-street, at pretty nearly the same distance; when we got into St. James's-street, my brother left us; Lord Burghersh and myself went into Jermyn-street; when we got down Jermyn-street, as far as the church, my brother rode up.
Q. Do not state any thing that passed in the absence of Capt. Macnamara; did you see any thing of Capt. Macnamara afterwards? - A.My brother rode up, and another person, whom I have understood since to have been Capt. Barry; it was one of the persons who rode with him up Piccadilly.
Q.You are quite sure he was one of those persons? - A. Yes.
Q. After some conversation, did the same gentleman return to Capt. Macnamara? - A. He did return to Capt. Macnamara, who was about fifteen yards behind.
Q. Then I believe you know nothing more about it? - A. I know nothing more about it.
Cross-examined by Mr. Garrow. Q. You told us very truly persons asked you questions, which took off your attention; your recollection does not appear to be very accurate; do you recollect his desiring Capt. Macnamara to call his dog off? - A. Yes.
Q. Do you recollect the terms in which a gentleman, having the appearance of a gentleman, in the Park, was desired to call off his dog? - A.He said in a hurry, whose dog is it, not appearing to me to know who the dog belonged to.
Q. Upon asking what dog it was, Captain Macnamara said, it was his dog? - A. I did not hear that.
Q. Do you remember this expression, "that must depend upon circumstances, if you knock my dog down, you must knock me down?" - A. No; I think that must have been at the time Mr. Duff rode up to me.
Q. He said, I am Col. Montgomery, you may know where to find me? - A. Yes.
Lord BURGHERSH sworn. - Examined by Mr. Knapp. Q. Did you join Col. Montgomery and a Mr. Sloane in the Park on Wednesday the 6th of April? - A. Yes.
Q. Were you present at any dispute that happened between any Newfoundland dogs? - A. No.
Q. You came up afterwards? - A. Yes.
Q. At what time did you come up? - A. When Col. Montgomery, Capt. Macnamara, and other persons were about twenty yards from the upper bar, I was coming from St. James's-park, and met them; the first thing I heard was, Colonel Montgomery said, "very well, Sir, I shall knock your dog down if he attacks mine;" Capt. Macnamara's answer was, "but your desiring me to call off my dog was arrogant language, not language fit to be used by a gentleman, or to a gentleman," I don't recollect which;" Col. Montgomery said, "if you feel yourself injured, you know where to apply;" after that Colonel Montgomery said, "do you feel yourself injured;" Capt. Macnamara, said, "no, Sir, not by any thing which has yet happened; but if you say any thing that shall affront me, I will take it up as soon as any man in England;" Col. Montgomery said, "No, it is not my intention to quarrel with you, but I shall adhere to what I originally said, if your dog attacks mine, I shall knock him down." They then separated, and were passing through the Park-gate. Capt. Macnamara said, that he would as soon fight him as any other person; that he would revenge an insult, and would as soon fight with Col. Montgomery as any other person. Capt. Macnamara was at some distance at that time; he was shaking a stick which he had in his hand, but I did not conceive it was any thing more than an involuntary thing, I think it was the act of the moment from the agitation he was in.
Q. Not intended to insult? - A. Certainly not.
Q.Did you go on with the parties? - A. Yes; they had been separated about twenty yards, and we rode on to St. James's-street, having been at a variable distance from twenty to thirty yards; there was some conversation whether the thing was over or not.
Q. It was not in the hearing of Captain Macnamara? - A. No.
Q. Your Lordship saw no more of it? - A. No.
Cross-examined by Mr. Erskine. Q.Did your Lordship hear Capt. Macnamara ask whose dog it was? - A.No, I was not there at that time.
CHARLES SMITH , Esq. sworn. - Q.Were you in Hyde-park on the 6th of April? - A. I was.
Q. Were you in the ride? - A. Yes.
Q. Did you see Captain Macnamara there? - A. Yes.
Q. Was he with any body else? - A.With three or four other gentlemen, riding towards the bar.
Q. At that time did you observe any dogs? - A. Two dogs began fighting immediately behind my horse; Col. Montgomery, whom I had never seen before, turned back, passed me, got off his horse, and standing over the dog said, I will knock the dog down; he did not strike either of the dogs, they separated themselves. Captain Macnamara then rode up, and said to Col. Montgomery, if you do knock the dog down, you must take the consequences, or knock me down too; Colonel Montgomery then said, why do not you call your dog off; Capt. Macnamara then replied, no, Sir, I do not chuse to call my dog off, and I will not be dictated to by you or any man.
Q. At this time then, Colonel Montgomery got upon his horse again? - A. He got upon his horse immediately, and then said, well, Sir, if your dog fights mine, I repeat to you, I will knock him down, and you shall be very welcome to know where to find me; as a gentleman you should have called your dog off. Capt. Macnamara then said, no, Sir, I did not chuse to call my dog off, I chose to let him fight; and I tell you again, I will not be dictated to by you or any man; I ought to know now, Sir, where to find you for what you have already said. At this time different gentlemen closed in upon them, that I had not an opportunity of hearing what further passed.
Q. Had you known Colonel Montgomery before? - A. No.
Q. Had you ever seen Captain Macnamara before? - A. Never to my knowledge.
Cross-examined by Mr. Garrow. Q. Were you riding with either of these parties? - A. No.
Q. Were you riding or walking? - A. I was riding.
Q. Do you know now the person of Lord Burgersh? - A. Yes.
Q. And the Mr. Sloanes? - A. Yes.
Q. Were the Mr. Sloanes there? - A. I don't know.
Q. You did not hear Captain Macnamara say,"nothing that has been said has given me offence, but if any thing is said purposely to offend me, I would take it up?" - A. No, I did not hear that.
Q. You were not examined before the Coroner? - A. No.
Q. This is the first time your memory has been brought to it, the other gentlemen were examined the next day? - A. I was examined before Sir Richard Ford.
The transcription of the trial continues, but is not included here as there is no more discussion of the dogs, the focus instead being on the duel itself. It may be worth quoting, however, the following statement read by Captain Macnamara in his own defense, as regards the cause of the duel, which was not so much the fighting of the Newfoundlands but the perceived insult to honor:
The origin of the difference, as you see it in the evidence, was insignificant: - The heat of two persons, each defending an animal under his protection, was natural, and could not have led to any serious consequences. It was not the deceased's defending his own dog, or his threatening to destroy mine, that led to the fatal catastrophe: It was the defiance alone, which most unhappily accompanied what was said; words receive their interpretation from the avowed intention of the speaker. The offence was forced upon me by the declaration, that he invited me to be offended, and challenged me to vindicate the offence by calling upon him for satisfaction. "If you are offended with what is past, you know where to find me." These words, unfortunately repeated and reiterated, have over and over again been considered by Criminal Courts of Justice as sufficient to support an indictment for a challenge. These Judgments of Courts are founded upon the universal understandings and feelings of mankind, and common candour must admit that an Officer, however desirous to avoid a quarrel, cannot refuse to understand what even the grave Judges of the Law must interpret as a provocation and a defiance.
The jury deliberated only ten minutes before returning a verdict of not guilty, presumably on the basis of Macnamara's invocation of a sense of honor and on the basis of the number of important naval officers, including Admiral Nelson himself, who testified on behalf of Macnamara's character. Macnamara was, even by his own admission, quite guilty of manslaughter. Dueling, it should be noted, had technically been illegal in Britain for at least 100 years by this point, but laws against it were almost never enforced.
An obituary of Captain Macnamara, who by the time he died in January of 1826 had been promoted to Rear-Admiral, appeared in Gentleman's Magazine in February, 1826, and mentions the incident of the Newfoundlands and subsequent duel; read it here.