Trial of a Peer for Murder
An Account of an Elopement which Resulted in the Trial of a Peer for Murder
The Elopement as Reported in the Press
September 7, 1797 The London Chronicle
An elopement has lately taken place in the neighbouhood of Windsor, attended with some uncommon circumstances. A young lady of rank, who for some time expressed a disgust of every thing about her, was missed on Monday last; her gown, stays and handkerchief were found on the side of a pond in the neighbourhood, with a letter, expressing her weariness of this world, and her hopes that the rash action which she had taken would be forgiven in the next. During the whole of Monday and Tuesday her anxious relations were employed in dragging the pond. On Wednesday morning, however, a postillion returned into the neighbourhood from having driven the young lady’s uncle, who is an officer in the guards.--He brought with him a pocket handkerchief marked with the fair one’s initials and told the story of his having proceeded but a short distance on the road before he overtook a young woman without gown, stays or handkerchief. The gentleman invited her into the chaise, and the postillion carried them both to the original place of destination. This discovery is the more shocking, as the uncle who has thus been the cause of his niece's seduction is said to have been for some time, dependent, in a great degree on the bounty of her mother.
The London Chronicle September 30, 1797
A Duel
Col. King and Col. Fitzgerald.
The Public have lately heard much of an elopement of a young Lady of rank from the house of her mother near Windsor. Delicacy towards the parties concerned has hitherto prevented us from entering into a detail of this unfortunate affair, but it is now become so public, that we have no difficulty in stating the following authentic particulars:
About four weeks since, the Hon. Miss King, who lived with her mother, Lady Kingsborough, eloped from Windsor. There were many circumstances attending the elopement, which led to a suspicion of the person who had seduced her from her duty. Col. Fitzgerald, who is married to a very beautiful Lady, and is second cousin to MIss King,, had been very attentive to her for some time previous, and it since appears, had found means to lead her astray. She was young, being now only 16 years of age, and her habits of life had been such as to leave her more uninformed of the vicious habits of the world than happens to most young people, even of that early age. Col. Fitzgerald was a length named by her friends as being accessory to her elopement; but he was at first extremely indigent, and threatened to fight any person who should accuse him. The afflicted parent, by the advice of friends, had at length recourse to the newspapers, and after having repeatedly advertised in vain for her daughter, was induced to offer a reward of 100 guineas for her discovery. It was in consequence of the reward offered, that the servant of the house where the young Lady was concealed, in Clayton-street, Kennington, discovered Miss King, and her seducer.
As soon as Lord Kingsborough, who was in Ireland, heard of the flight of his daughter, he came to England with his son, Col. King; and the first thing was to find out Col. Fitzgerald, which was not done without some difficulty. Lord Kingsborough wrote to his friend Major Wood at Ashford, requesting his immediate attendance in town. As soon as he arrived, a meeting was appointed and a duel took place on Sunday morning in Hyde Park, between Col. King and Col. Fitzgerald, for the accurate report of which we refer our Readers to the following letters:--
“Fladong’s Hotel, Oxford Street, Oct. 3, 1797.
“In consequence of the gross mis-statements which have appeared in some of the Morning Papers relative to an affair which took place yesterday morning in Hyde Park, I think it proper to insert the following Letter, written by me, to a very particular friend of mine, immediately on my return to my lodging; and which I pledge my honour to be a true and just statement of the transactions of the morning.
Ros. Wood. Major 15th Foot.”
“Fladong’s Hotel, Oxford-street, Sunday. October 1, 1797.
“My dear Friend,
“I shall without preface, enter at once upon the affair which I mentioned to you was to take place this morning.--’Nothing extenuate, nor set down aught in malice.’
“Agreeable to an arranged plan, I accompanied Col. King to a spot near the magazine in the Park. Col. Fitzgerald we met at Grosvenor Gate, unaccompanied by any friend, which, by the way, he told me yesterday he feared he should not be able to procure, in consequence of the odium which was thrown upon his character; at the same time observing, that he was so sensible of my honour, that he was perfectly satisfied to meet Col. King, unattended by a friend. I decidedly refused any interference on his part; that had not nearer relatives of the —---- been on the spot, he would have seen me as a principal. He replied, he would try to procure a friend, and withdrew. I addressed him this morning, by “Where is your friend, Sir?” The answer was, as well as I recollect, “I have not been able to procure one–I wish the matter to go on, I rest assured that you will act fairly.” I then desired him to apply to his surgeon, which he immediately did, who refused appearing as a second, but said he would be within view. Col. King was equally desirous to go on with the business. I consented; –however, I prevailed upon a surgeon, who accompanied Dr. Browne, to be present as a witness that all was fairly conducted. It was no common business.--I placed them at 10 short paces distant from each other,--that distance I thought too far; but I indulged a hope that Col. Fitzgerald, sensible of the villness of his conduct, would after the first fire, have thrown himself on Col. King’s humanity. His conduct was quite the reverse–in short, they exchanged six shots each without effect. Col. King was cool and determined–the other also determined, and, to appearance, obstinately bent on blood. After the fourth shot, he said something to me about giving him advice as a friend–I told him I was no friend of his, but that I was a friend to humanity; that if, after what had passed, he preferred firmness enough to acknowledge to Col. King that he was the vilest of human beings, and bear, without reply, any language Col. King, however harsh, that the present business then, perhaps might come to a period. He consented to acknowledge that he had acted wrong but no further. That was not enough. He now attempted to address Colonel King, who prevented him, by saying that he was a damned villain, and that he would not listen to anything he had to offer. They proceeded; Colonel Fitzgerald’s powder and balls were now expended. He desired to have one of Col.King’s pistols; to this I would not consent, though pressed to do so by my friend. Here ended this morning's business. We must meet again–it cannot end here. I have only to add, that nothing could exceed the firmness and propriety of Colonel King’s conduct through every stage of this business. I am, my dear Friend,
Very Truly Yours,
Rob. Wood.
“P.S. On leaving the ground Col. F. agreed to meet Col. K at the same hour tomorrow.”
The affair thus ended, on account of Colonel Fitzgerald having no more powder or shot, and the parties agreed to meet the next morning at Tyburn Turnpike, and from thence adjourn to a convenient spot. In the course of Sunday morning the business reached the ears of the Duke of York, who sent Colonel Stephens of the Guards to put Colonel Fitzgerald under arrest. Orders were also sent, placing Colonel King in the same situation. Lord Kingsborough and his son could not brook to let such a very iniquitous business pass by without further revenge, for the atrocity of it was now considerably increased by Colonel Fitzgerald’s conduct on the ground, in firing so repeatedly at the injured brother of the young Lady. At six o’clock on Sunday evening, Major Wood called at Col. Fitzgerald’s lodgings, and pressed him to go out the next morning offering at the same time, from Lord Kingsborough, to indemnify him for any loss he might sustain by losing his commission, to the amount of five thousand guineas. Colonel Fitzgerald declined the offer, and for the first time began to confess the enormity of his crime. He said he would go out with Colonel King if he wanted his life, but he would not return his fire. Major Wood said that Colonel King would never consent to act the part of an assassin, and that Colonel Fitzgerald was placing the business on the only possible footing in which his offer could not be accepted. Col. Fitzgerald continued to repeat that he would not fire again on Colonel King, though he might be subject to the most opprobrious language. It is uncertain yet what further course this affair will take, for the noble relations of the young lady are by no means satisfied for the injury offered to their family.
MIss King is with her mother in town, and extremely afflicted.
Lord Kingsborough, son of the Earl of Kingston, by his marriage, while a school-boy, with the only daughter of the late Col. Fitzgerald obtained an estate of more than 20,000l., a year. His Lordship has a numerous and fine family, his eldest daughter is married to the Earl of Mountcashel; his son, Col. King has been the greater part of the war in America, from whence he has not long been returned.
As every particular relative to the above elopement must be interesting to the Public, we present our Readers with the following:--The young lady was discovered at No. 13, in Clayton-street, near Kennington Turnpike, last Wednesday, by Mr. Lowten, the Solicitor, who had traced her to that place.The house was kept by an old couple, who supported themselves and their daughter, by labour, neither of whom would have had the slightest suspicion of their lodger’s being the person advertised for, had it not been for her own conduct and apparent anxiety. In fact, a Newspaper was an article they but seldom saw; but the Lady was always inquiring for them; read them with great discomposure, and frequently remarked the advertisement containing her description, observing that it in some degree resembled herself, though in others it differed from her person. She had only been at Clayton-street from the preceding Sunday, when she was brought there by Col. Fitzgerald, who refused to give the people of the house any reference as to his character, or who he was. He slept with the young lady on Sunday night, and left her at half past six o’clock the next morning; after that time he did not come to the house till she was taken away. On Wednesday, she went out, called a coach, and drove about to several places, inquiring for fresh lodgings, but could meet with none. She then returned, and in a short time afterwards Mr.Lowten arrived at the house. She immediately expressed her apprehensions, and would have shunned him, but he told her it was in vain to refuse going with him, upon which she gave him her hand, and he handed her to the carriage, accompanied by the daughter of the people of the house, and conducted them to the house of Lord K. in George-street. Hanover-square, where they now are. Col. F. went at the time the deluded girl was in his possession to condole with her unfortunate relatives upon her elopement.
It was the daughter of the woman at whose house Miss K. lodged in Clayton-street, who gave information of the place of her retreat. The young Lady’s anxiety to persuade them that she was not the person described in the Advertisement, first gave rise to suspicions.
December 16, 1797 The London Chronicle
Death of Colonel Fitzgerald.
The conduct of Col. Fitzgerald in seducing his relative, and the consequent duel with her brother, are fresh in the memory of the public; we shall therefore limit our observations to the circumstances which immediately preceded and occasioned his death.
The deceased feeling no remorse for the dishonor in which he had involved an illustrious family, had the hardihood to follow the young lady to Ireland, it is supposed, with a view to wrest her by violence from her parents, and took lodgings at an inn in Kilworth. He had been there some days before his arrival at Kilworth was known, or the object of his expedition was discovered. He was observed to walk out in the night and conceal himself in the day, and the servants at length noticed him lurking about Mitchelstown House, at unseasonable hours.
The intelligence reached Lord Kingsborough, who had fought the duel with the Colonel and resolved to defeat his antagonist’s project, he left his father’s house, and repaired to Kilworth, where having inquired for the Colonel, he was directed to the apartment in which he was lodged. Lord Kingsborough rapped at the door, requiring admittance; the other, knowing his voice, replied that he was locked in, and could not open the door, but if he had anything to say to him, he would receive it in writing under the door.
This enraged the young Nobleman, and he forced open the door, and running to a case of pistols in the room, desired the Colonel to take one and defend himself, for he was resolved to have satisfaction for the scheme the deceased had formed against his sister, and which he came to this place to put in execution. On both seizing the pistols, they grappled with each other, and were struggling, when the Earl of Kingston, who had been apprised of his son’s departure in pursuit of the Colonel, and quickly followed the young Lord, entered the room, and finding them in contest, and that his son must lose his life from the situation of the deceased had him in, the Earl fired and the Colonel fell.
Another Account, Cork, Dec. 10.
“Col. Fitzgerald had been for some days lurking in the neighbourhood of Michelstown, in order, as it is supposed, to see the unfortunate young Lady he debauched. She had been for some time at her father’s house in that place. Last night, at an early hour, he went to bed in the inn in Kilworth, requesting to be called when the mail coach passed, at eleven. A coach came to the door, in which were Earl Kingston and Lord Kingsborough, father and brother for the uhappy female, with two attendants, all armed; the latter guarded the stairs, the two former went into the room, and the brother, it is reported, shot him dead in bed. They came down stairs, and immediately drove off. On the Dublin road they were met near Clonmell. The Coroner is gone from here this morning, but the verdict has not reached up.The ball entered his left breast by the heart.”
December 21. The London Chronicle.
The Late Col. Fitzgerald.
Of this unhappy man’s late visit to Ireland, and the cause of it, the story in circulation is briefly as follows:--
Miss King, the young lady, who he seduced, on her coming of age, will obtain the possession of ten thousand pounds, entirely at her own disposal, bequeathed by the will of a near relation. Of this fact the Colonel was apprised and calculated on the future participation of the money.
When the unfortunate fair one was compelled to quit England, the persons charged with the care of her discovered, on their arrival in Dublin, that the servant maid who accompanied her favoured the views of her seducer. On her consequent dismissal from the service, she returned to England, and was the bearer of a private letter to Col.Fitzgerald, the contents of which were, it is said, sufficient to induce the Colonel, even at the risk of his life, to make an effort to regain the young lady; but his finances not enabling him to undertake the journey, he borrowed a sum of money of an amiable woman, who ought ever to have been most dear to him, under the pretence of making a visit to Dorsetshire.
Thus accommodated, he set out for the sister kingdom, and arrived at the village of Killworth, near Michelstown, the residence of the noble family, the place where the young Lady was then kept and whose conduct was there watched with particular vigilance.
The dismissal of the maid servant in Dublin had excited suspicions in the family that an attempt, through her, would be made to take the young lady from the protection of her friends. The servants were directed to be uncommonly attentive when any stranger arrived in the neighbourhood, and to give the most minute description. By these precautions, Col. F. was discovered, and in consequence, met that fate, accompanied by those extraordinary circumstances lately described in the public papers.
Lord Kingston is to be tried without delay in the High Steward’s Court, by the Irish Peers, as soon as the Grand Jury has found the indictment against him for shooting Col. Fitzgerald.
April 11, 1798 The London Chronicle
The Hon. Colonel King was this day arraigned and acquitted of the murder of Colonel Fitzgerald; as was likewise John Hentley, a person connected with the Earl of Kingston’s family. When Col. King appeared in court he was visibly agitated and embarrassed, and seemed to feel, with lively delicacy the distressed situation in which he was this day placed. The Court was considerably crowded. The fact of the murder was not brought home to either of the prisoners.
Sporting Magazine October 1797 additional details on Elopement
The father of Colonel Fitzgerald was brother to the father of Lady Kingsborough (mother of the young lady who eloped): the Colonel is an illegitimate son, and whose early days promised to him but little good fortune–scarcely noticed by his father, he was about to be apprenticed to some humble handicraft trade in the line of life with his mother. His father, however, after making one or two wills, leaving his property elsewhere, at length revoked all in favour of his natural son; and thus originates Colonel Fitzgerald, or rather Lieutenant Colonel Fitzgerald, he being only a Captain in the Guards.
The young lady, lately seduced from her mother’s house, near Windsor, has been restored to her family; she is one of the daughters of Robert Lord Kingsborough, son of the Earl of Kingston, an Irish peer. Her mother was daughter of Colonel Richard Fitzgerald, and the seducer in the present instance is Colonel Fitzgerald, of the Guards, a relation of her Ladyship’s. This last circumstance, with that of Fitzgerald’s being a married man, brought Colonel King, the young Lady’s brother, from Ireland, with a determination to call the aggressor to a serious account.
In the account of Fitzgerald’s death the Sporting Magazine adds this clarifying bit about the shooter.
“It should, however, be first mentioned, that since the above unfortunate affair Lord Kingboroughj’s father died in Ireland, of course his Lordship became Earl of Kingston and his son (who fought the duel with Colonel Fitzgerald in Hyde Park) Lord Kingsborough.
Then in discussing what happened at Fitzgerald’s being shot at the inn.
“Shortly after (Fitzgerald’s arrival) Lord Kingston, and his second son LIeutenant-Colonel King (not Lord Kingsborough as was erroneously stated) arrived at the same inn, and upon their discovering Fitzgerald, and apprised of his having been at Lord Mountcashel’s &c, Lord Kingston entered Fitzgerald’s room, a scuffle ensued, and his Lordship shot him dead.
The Coroner’s verdict we understand to be in effect “that the deceased lost his life by a pistol ball fired by the Earl of Kingston.”
May 1798 The Sporting Magazine—Trial of Robert Earl of Kingston.
At the Parliament House, for the alleged murder of Henry Gerrard Fitzgerald, Esq. the 18th of May 1798.
About ten o’clock the prisoner was brought (by the Constable of the Castle of Dublin) with the axe before him to the Parliament-house, and conveyed to the room appointed for him. Shortly after eleven in the forenoon, the Lord Chancellor came down to the House of Lords, and being seated on the woodsack and prayers ended, his Lordship directed the order of the day (which was, that the House should proceed on said trial) to be read, which being done, the House adjourned to the Court appointed for the trial.
The Lords, Judges and Assistants of the House came in order, two and two (beginning with the Juniors in rank) to the Court erected in the House of Commons, with maces before them, and after them the Lord High Steward (the Lord Chancellor) with maces before him, besides his own Serjeant and Purse Bearer, with Ulster King at Arms and Black Rod, bearing the Staff. Each Lord and the others after obeisance made to the throne, took their places, the Lords on their respective benches; the Judges and other Assistants at the table in the center of the House; the Serjeants at Arms kneeling two on each side of the throne. Then the Clerk of the Crown in Chancery on the right, and the Clerk of the Crown in the KIng’s Bench on the left, making three reverences to the Lord High Steward, came up to his seat and there both kneeling, the Clerk of the Crown in Chancery delivered the commission or the office of High Steward to his Grace, who delivered it to the Clerk of the Crown of King’s Bench, to read, and then they both in the same manner went back to their seats at the table, and proclamation being made for silence, the Clerk of the Crown of the King’s Bench read the commission; then Ulster and the Usher, who held the Staff, making three reverence to his Grace, Ulster on his knees, presented him with the white Staff, which his Grace delivered to the Usher, who likewise kneeled to hold the same; then the Clerk of the Crown in Chancery read the certiorari to the Judges or Commissioners before whom the indictment was found at last Assizes at Cork, to return the same into the House of Lords, with the return.
The Constable of Dublin Castle then brought the Prisoner to the bar (having been previously commanded by proclamation so to do) with the axe born in his left hand, the edge from him. His Grace the Lord HIgh Steward (with leave of the House) having ordered the Judges to be covered, addressed the Prisoner in a short but elegant speech; in tendency to apprise the noble Prisoner of the cause of his being brought there, the great reliance which must be placed by all parties on the impartiality and honour of so great and august a tribunal. HIs Grace touched lightly on the distinctions which the law has made in cases of homicide, and assured the Prisoner that if the evidence brought his case within any of the mitigated cases of homicide, there could be no doubt their Lordships would extend to him the full benefit of the law; and then his Grace directed the indictment to be read to the noble Prisoner, which was done by the Clerk of the Crown of the King’s Bench, and the Prisoner pleaded not guilty, and for trial put himself on his Peers; upon which proclamation was made for the prosecutors to come forth, and make good the charge in the indictment; but none appearing, his Grace called upon the Prisoner’s Counsel (Mess. Curran and Saurin) to know if notice had been given to the widow, and next of kin of the deceased, and to the Attorney General, to which the Counsel answered in the affirmative, and then produced to witnesses to prove the fact; whereupon the proclamation was again made for the Prosecutors to appear, but not appearing, the House adjourned to the Chamber of Parliament (the noble Prisoner by order of the House, being first removed from the bar).
The House being resumed, his Grace said, that in as much as no evidence was produced against the Prisoner, his Grace presumed that their Lordships on their return to the Court would agree unanimously in a verdict of acquittal. The Law Judges and Assistants returned in the same order as before to the place of trial;and having respectively taken their places, and proclamation being made for silence, his Grace mentioned to the House, that though it was clear that a verdict of acquittal must be given, yet the solemnity of the occasion required that the opinion of each Lord should be taken in order, beginning with the Junior, and so on to the Senior; which being done, and each Noble Lord having declared upon his honour, (laying his right hand on the breast) that the Noble Prisoner was not guilty, the Constable of Dublin Castle was by proclamation ordered to bring the Prisoner to the bar; which being complied with, his Grace informed the Prisoner of the verdict, and expressed his satisfaction that so foul a charge had been removed by the unanimous verdict of their Lordships, and apprized the Noble Prisoner that he was then discharged, paying his fees. The Earl of Kingston, after bowing to his Grace, and then to the House, withdrew, and his Grace the High Steward dissolved his commission, by breaking his staff, and then the Lords, Judges, and Assistants, returned to the Chamber of Parliament, in the order in which they came.
The Right Honourable the Lord Mayor, and High Sheriffs attended upon the occasion; and peace officers were stationed at the doors of the Houses of Parliament; a party of the army were placed in the streets to prevent interruption from carriages.
Trial of the Earl of Kingston
The Romance of Crime: A Collection of Celebrated Criminal Trials
THE FAMILY OF THE KING’s–COLONEL FITZGERALD–HIS REVOLTING INGRATITUDE–A DUEL.
The house of King, as may be seen by any one who consults the Peerage, is very widely connected. Its members had at various periods made fortunate marriages, and towards the end of the last century, the family occupied a very high place in English as well as Irish aristocratic society. The first Earl of Kingston (1768) resided at Mitchelstown, close to the towering Galtees, dwelling upon the lands obtained by his ancestor, on marriage with the daughter of William Fenton.
The eldest son of the first Earl was Robert, Viscount Kingsborough, who was born in 1754. He represented the county of Cork in Parliament. In 1769 he married Caroline, only daughter and heiress of Richard Fitzgerald, of Mont Ophaly in Kildare. Miss Fitzgerald was cousin to Lord Kingsborough, her mother being daughter and heiress of James Baron Kingston. By their marriage the family estates were re-united. It will be observed that the age of the noble bridegroom was fifteen, and the bride some years younger.
Lady Kingsborough had a brother, who died without legitimate issue He left, however, an illegitimate son, Henry Gerald Fitzgerald, who was reared up by Lady Knightsborough with the greatest kindness. She brought him up with her own family. Young Fitzgerald was handsome and distinguished in appearance, tall in stature, and endowed with courage and vigour. His passions were strong, and his temper arrogant and haughty. He was sent into the army, in which, aided by influence, he rapidly rose to the rank of colonel.
Lord and Lady Kingsborough had a very numerous family. More for the education of her daughter than for the pleasure of fashionable life, Lady Kingsborough lived the greater part of the year in the neighbourhood of London. She employed various masters and governesses in the education of her daughter. Amongst her governesses was no less celebrated a person than Mary Wolstoncraft, afterwards Mrs. Godwin; and amongst the daughters entrusted to her care was one of the younger, the Hon. Mary King.
The young lady possessed a graceful figure, with a soft and pleasing air. Her features, without being beautiful, were striking; her countenance was artless; her appearance was rendered more remarkable by the extreme length and great beauty of her hair, of which she had an extraordinary profusion. In fact, she was not ill qualified, by personal appearance, for the part of a heroine–and here is a singular tale.
Colonel Fitzgerald resided with his wife, a very beautiful woman, at Bishopsgate, up the Thames. He was constantly in the company of Miss King, whose affections he succeeded in completely gaining, without exciting any suspicion in the minds of her family. Strangers, however, noticed the attention which he paid her. It was said that his designs on Miss King were talked of amongst the musical performers hired for the balls and parties frequented by the family. But the fact of Colonel Fitzgerald being a married man, and his connection with the family, blinded the household of Lord and Lady Kingsborough, and lulled all suspicions.
In the summer of 1797, Miss King suddenly disappeared. The family were struck with consternation, when the contents of a note left upon her dressing table were made known. It was there stated, in her own hand-writing, that she was about to throw herself into the Thames! A search was made. For two or three days the servants of Lord Kingsborough dragged the river near the house. Her bonnet and shawl were found upon the bank. The worst fears of the family respecting the suicided, as they conceived, seemed realised.
But there were some private circumstances which made her father alone of all the family disbelieve the notion that she had committed suicide. Vague suspicions of the nature of the case passed through his mind. The result of personal inquiries confirmed him in his idea that his daughter was still alive. A post-boy informed him of a curious fact. While taking a gentleman in a post-chaise to London, he saw a young lady walking by herself upon the road. Her manner and appearances attracted his notice. The gentleman desired him to stop. A seat was offered to the young lady, who accepted it without any hesitation. When they arrived in town, the lady went away in company with the gentleman.
On comparing the facts and dates, Lord Kingsborough felt certain that the young lady seen by the post-boy was his own daughter. He easily divined that she had eloped. But in company with whom? That question now became the subject of inquiry. He resolved to endeavour to gain tidings of her. Advertisements and placards were posted all over London, offering a reward for any intelligence respecting her.
It was suggested by some that Colonel Fitzgerald was accessory to her elopement; but the Colonel denied the charge indignantly. He counterfeited the part of an innocent man with the greatest skill. No one could divine by his manner that he knew naught concerning the mysterious disappearance of MIss King. He affected to know nothing whatever of her, and even went so far as to pretend to assist the family in their searches. Day after day he used to go to Lord Kingsborough and inquire with eagerness whether any intelligence had been received. And he would then sit in consultation with the family and friends listening to the vain regrets of the afflicted parents, and the fruitless suggestions of their grieved relatives.
The case attracted great attention. Though at the period public events occupied more attention than at present, though the French Revolution and its horrors had satiated the lovers of the wonderful with the romance of life, still the fact of a nobleman’s daughter suddenly disappearing, and the variety of strange reports in circulation respecting her, arrested the public notice. The subject was discussed at every dinner table in the metropolis.
The way in which the news was first received of Miss King was very strange. One day a servant-girl waited upon Lady Kingsborough, and said that she thought she could give some information. It seemed that she was a servant at a lodging-house in Clayton Street Kennington. About the time of Miss King’s disappearance, a young lady had been brought by a gentleman to the lodging-house. He visited her constantly; the servant described her as being very handsome, and as having had a great profusion of hair. The girl had read the advertisements offering a reward for intelligence, and the statement of Miss King having remarkably long hair, caught her notice; her suspicions were immediately excited, when on going into the fair lodger’s room one day, she found the young lady in the act of cutting her hair. The servant remarked what handsome hair it was, and resolved to give information.
While she was in the act of detailing her intelligence to the Kingsborough family, the door of the apartment opened, and in walked Colonel Fitzgerald, to pay his usual visit of affected sympathy! He suspects nothing, not noticing the servant. The girl, however, suddenly exclaimed, “Why, there’s the very gentleman who visits the young lady!” pointing to the Colonel.The bystanders were amazed; Fitzgerald himself was confounded at the suddenness of his detection; his habitual presence of mind deserting him, he literally ran from the apartment.
When his villainy was discovered, the indignation of the King family knew no bounds. The hypocrisy he displayed added to the atrocity of his conduct in the abduction of Miss King. To have seized upon a young and inexperienced girl, would have been bad conduct in any man, but the conduct of Colonel Fitzgerald was indelibly blackened by the perfidy he had exhibited towards a noble family that had always treated him with the utmost liberality. He, to have decoyed Miss King; he, who had been brought up at her father’s table–who had lived on terms of equality in the house–whose unhappy birth had been generously overlooked by Lady Kingsborough–he, the creature of the bounty and munificence of Lord and Lady Kingsborough, to have been guilty of such fiendish ingratitude, was wickedness both enormous and revolting
Colonel King (afterwards Lord Lorton) sought Fitzgerald, to have a hostile meeting with him. The Colonel chose for his second Major Wood of Ashford; but Fitzgerald frankly told Major Wood that in consequence of the odium thrown upon his character, it was probable that he could find no second. On Sunday morning, the 1st of October 1797, according to an arranged plan, the parties met near the Magazine in Hyde Park. Colonel Fitzgerald was previously met near Grosvenor Gate, unaccompanied by any friend. He said on the previous day that he was so sensible of Major Wood’s honour, that he was perfectly ready to meet Colonel King without a second. On meeting him again the next morning, in the Park, Major Wood asked him where was his second and Fitzgerald replied that he could not find one, professing at the same time his readiness to meet Colonel King. The surgeon, brought to the ground by Fitzgerald, was then applied to, but he refused saying however that he would remain in view. Colonel King was, in the meanwhile, most anxious that nothing should stop the business. Major Wood determined that everything should be conducted as fairly as possible. The parties were placed at ten short paces distant from each other; this distance was thought too short by Major Wood, but he himself stated that he hoped after the first fire Fitzgerald would throw himself on Colonel King’s humanity. His conduct was the reverse; the parties exchanged no fewer than six shots each! The fact of their having repeatedly missed each other can only be accounted for by their excitement; for Major Wood has recorded his opinion, that Fitzgerald “seemed bent on blood.” After the fourth shot, Fitzgerald said something about Major Wood’s giving him advice “as a friend.”The Major replied that though he was no friend to Fitzgerald, he was a friend to humanity, and that, if after what had passed, Fitzgerald had firmness enough to acknowledge to Colonel King that he was the vilest of human beings, and bear without reply any language from Colonel King, however harsh, that then the affair might come to a conclusion. He consented to acknowledge that he had acted wrong, but not going further in his condemnation, it was resolved that the duel should proceed. He then attempted to address Colonel King, who peremptorily prevented him, saying that he (Fitzgerald) was a villain, and that he would not listen to anything he had to offer.” Thus, after the fourth shot, they proceeded to fire twice again at each other. Colonel Fitzgerald’s powder and ball were then expended, and he requested to be allowed one of Colonel King’s pistols. Major Wood, however, refused to allow this request to be granted, though Colonel King eagerly pressed the Major to allow it. The parties therefore, separated, Colonel Fitzgerald having first agreed to meet Colonel King at the same hour and place on the following morning. Both the Colonels, however, were put under arrest that day.
FITZGERALD PURSUES MISS KING TO IRELAND–IS DISCOVERED AND SHOT BY LORD KNIGHTSBOROUGH.
Meantime MIss King had been removed to Ireland; she was taken to the family residence at Mitchelstown, in the county of Cork. In our days a noble castle has been erected there, often visited by travellers, forming, in itself, one of the ornaments of the south of Ireland. The demesne through which the river Funcheon winds, runs at the foot of the Galtees; its surface is diversified, and the scenery is romantic. The chain of the Galtees rises very precipitatably from the base, and the towering hills add much to the beauty of the landscape. Fifty years since, the Mitchelstown demesne was extremely well wooded, but within recent time the old timber has been cut down. In this secluded scene, her friends hoped Miss King might rest secure; but their hopes were to be disappointed.
Colonel Fitzgerald, stung by mortification and infatuated with passion, followed Miss King to Ireland, determined to get her again into his power. When Miss King was removed to Ireland, she was accompanied by a servant maid, who was in the Colonel's interest. The maid’s real character was discovered, and she was immediately dismissed from the service of Lord Kingsborough; but she managed, before leaving, to place herself in communication with Colonel Fitzgerald.
At that time, the inn at Mitchelstown was kept by a person named Barry, an old retainer of the Kings. Fitzgerald, in disguise, came to Barry’s house and staid there for a day or two; he did not go out by day, but prowled about at night. His motions were watched by Barry, whose suspicions were awakened and who conjectured that the stranger, as he believed him to be, had no good intentions. Lord Kingsborough was not at that time at Mitchelstown Castle; he was absent from home on public business, but his presence was expected at an inspection of yeomanry and militia, which was to take place at Fermoy. Thither accordingly, Barry repaired and met with Lord Kingsborough, as he expected. He gave his intelligence; and Lord Kingsborough’s notions was, that the mysterious stranger must have been an emissary of Colonel Fitzgerald. Supposing that some new plot was hatching, he lost not time in going to MItchelstown, and drove eagerly to the inn, where he learned that the stranger had departed that morning in a post-chaise. He learned from the post boy who drove him that the strange gentleman had stopped at the Kilworth hotel.
Lord Kingsborough, burning with anxiety, retraced his course, and, accompanied by Colonel King, arrived at the Kilworth hotel in the evening. He immediately asked whether a strange guest had come there that day, and he learned that the person of whom he was in pursuit was then in the house. Believing firmly that the person was a stranger, never supposing that Colonel Fitzgerald would have the audacity to approach the neighbourhood of Mitchelstown, Lord Kingsborough sent up his compliments by the waiter, with the expression of a desire to see the gentleman on business.The waiter took the message to Colonel Fitzgerald’s bedroom; the door was locked; Fitzgerald would not open it, but roughly told the waiter not to disturb him at that unseasonable hour, as he could not attend to any business that evening. HIs voice was immediately recognized by Lord Kingsborough and his party; they hastened upstairs without delay; they eagerly and vehemently demanded admittance. Their request was of course in vain, and it didn't require very much effort to burst open the door Fitzgerald at the moment was in the act of grasping a case of pistols. Colonel King rushed towards him, in violent excitement, in order to seize him. Colonel Fitzgerald at once grappled with him, when Lord Kingsborough, who was in a state of extreme excitement, immediately shot Fitzgerald upon the spot.
Thus were the real facts of this extraordinary case, which have been erroneously told by various persons. The common story of the country, that Lord Kingsborough found Fitzgerald in bed, that the Colonel cried out for mercy until he repeated one prayer, and that Lord Kingsborough cried, “No mercy you dog”--all that and many other of the commonly told particulars are absolutely false. Lord Kingsborough shot Colonel Fitzgerald in a paroxysm of mental excitement. When he entered the room, he never contemplated his death; what his intentions actually were, it is not utterly impossible to say but what he did not intend to do can be affirmed, for after the event, Lord Kingsborough, though retaining a natural antipathy to Fitzgerald’s memory, expressed the strongest regret at the occurrence. There is every reason to believe that the account of the transaction by Lord Kingsborough himself is the simple truth. He saw the struggle between his son and Fitzgerald; he remembered the audacious character before him, and influenced, as he stated, by apprehension for his son, he shot the Colonel.The whole affair was scarcely the work of a minute. In telling the circumstance to his own relatives upon that very night, Lord Kingsborough exclaimed, “God! I don’t know how I did it; but I most sincerely wish it had been by some other hand than mine.”
The fate of Colonel Fitzgerald caused great talk at the time. Bills were sent before the grand jury of the county of Cork, of which the late Earl of Shannon (then Viscount Boyle) was foreman, and the bills were found against Lord Kingsborough, his son the Honourable Rober King, Colonel of the Roscommon militia (now Viscount Lorton) and a man of the name of John Hartney, who had formerly been a private in the militia. The grand jury consisted of the first commoners in the county. The assizes was held in the month of April 1798, and a petty jury was empanelled to try the Honourable Robert King (afterwards Lord Lorton) and Robert Hartney. The jury found them not guilty. In fact there was no prosecution.
TRIAL OF THE EARL OF KINGSTON BEFORE THE IRISH HOUSE OF PEERS–HIS ACQUITTAL–MISS KING’s SUBSEQUENT CAREER.
Not long after the shooting of Colonel Fitzgerald had taken place, the first Earl of Kingston died (November 13, 1797), consequently Lord Kingsborough, on succeeding to the title, demanded to be tried by his peers. The indictment, against Robert, Earl of Kingston, found at the spring assizes for 1798, in Cork was moved by writ of certiorari into the high court of Parliament; and on the 18th of May 1798m the trial came on in the House of Lords.
The circumstances which led to the death of Colonel Fitzgerald made people at the time look to the trial of Lord Kingston with some interest. Since the case of Lord Byron in England, there had been no trial of a peer, and the novelty of the proceedings imparted additional interest to the case. On the appointed day, there was a numerous assembly of the resident peers of Ireland. In general the meetings of the House of Peers were very thinly attended. Several peers specially attended on that day, for the first time in their lives. Amongst them were–Lords Kinsale and Muskerry, connected with the south of Ireland, and Lawrence Parsons, Lord Oxmantown (first Earl of Rosse).j The Marquises of Waterford and Drogheda, supported by the Earl of Ormond, and some of the principal earls in the Irish peerage attended. In addition to the two Marquises there were twenty-seven earls, fourteen viscounts, three archbishops (armagh, Cashel, Tuam) thirteen bishops, and fourteen barons assembled.These it may be observed, constituted a majority of the resident peers of Ireland.
The proceedings commenced by the Ulster King of arms calling over the roll, beginning with the junior baron. There were found to be absent no fewer than forty-five barons, five bishops, forty-three viscountsm, forty-seven earls, two marquises (Donegal and Downshire) , one duke (Leinster) and the Archbishop of Dublin. Thus the absent Irish peers far exceeded the number of those in attendance.The fact might cause surprise to those unacquainted with the history and constitution of the Irish peers. George III created a vast number of English and Scotch gentlemen peers of Ireland. NOt wishing to swamp the House of Lords in England and anxious at the same time, to satisfy the clamorous vanity of the political supporters of his favourite ministers, he adopted the plan of making Irish peers by wholesale. Thus it happens that so many families have titles in the peerage of Ireland without possessing an acre of property in the country.
A good many spectators, led by curiosity, attended the trial of the Earl of Kingston. The Lords adjourned their proceeding to the lower chamber of Parliament, the place appointed for the trial, as being more suitable than their own handsome but confined apartment. Their procession on that occasion was probably the last handsome piece of pageantry which the Irish HOuse of Peers exhibited. They marched two by two into the House of Commons, the masters in chancery and the robed judges of the courts of law preceding them. Immediately before ohte Lords, walked in procession the minors of their order, not entitled to vote, and the eldest sons of her peers. Last of all came the most remarkable man of the order, John Fitzgibbon, first Earl of Clare, walking by himself, as it was fit that he should walk; for where amongst the body could his peer be found?
Then began the fantastic spectacle which the crowd had come to see. Reverences and salaams were duly made by serjeant-at-arms, and clerks in chancery and clerks of hte Queen’s Bench. There were crossings to the right and left, and reverences to his Grace the Lord HIgh Steward on the woolsack.The King’s commission, appointing the Earl of Clare lord HIgh Steward, was read aloud, all the peers standing up uncovered; the writ of certiorari and the return to it; after that the indictment before the grand jury of the county of Cork, and the finding “a true bill” by “Boyle and fellows,” were severally read at length. Then the clerk of the crown directed the serjeant-at-arms to make proclamation to the Constable of Dublin Castle, to bring his prisoner, Robert Earl of Kingston, to the bar.
Then amid dead silence the Earl of Kingston was ushered in by the Constable and Deputy Constable of Dublin Castle, the latter of whom carried the axe, standing with it on the left hand of Lord Kingston, the edged being turned from him. The noble prisoner made a low reverence to the HIgh Steward, and one to the peers at either side of him. He then fell upon his knees at the bar. UPon being told to rise, he again bowed to Lord Clare, and all the peers, the compliment this time being returned him by the HIgh Steward and all the lords.Lord Clare from the woolsack addressed him as follows:-
“Robert Earl of Kingston, you are brought here to answer one of hte most serious charges that can be made against any man–the murder of a fellow subject.The solemnity and awful appearance of this judicature must ntrually discompose and embarrass your Lordhsip. It may, therefore, not be improper for me to remind your Lordship, that you are to be tried by the laws of a free country, framed for the protection of innocence and the punishment of guilt alone; and it must be a great consolation to you to reflect, that you are to receive a trial before the supreme judicature of the nation–that you are to be tried by your peers, upon whose unbiased judgment and candour you can have the firmest reliance, more particularly as they are to pass judgment upon you under the solemn and inviolate obligation of their honour. It will also be a consolation to you to know that the benigity of our law has distinguished the crime of homicide into different classes. If it arise from accident, from inevitable necessity, or without malice, it does not fall within the crime of murder: and of these distinctions warranted by evidence, you will be at liberty to take advantage. Before I conclude, I am commanded by the HOuse to inform your Lordship,and all others who may have occasion to address the court during the trial, that the address must be to the lords in general, and not to any lord in particular.”
Lord Clare was, probably, obliged to make the last remark, owing to the course of proceedings being rare and novel. The indictment was then read, Lord Clare having directed the accused to pay particular attention to it. The clerk of hte crown then said, “How say you, Robert Earl of Kingston, are you guilty or not guilty of this murder and felony for which you stand arraigned?”
The Earl of Kingston replying,, “Not guilty,” the clerk of the crown further interrogated him thus–”Culprit, how will your Lordship be tried?” The earl replied, “By God and my peers.” To which the clerk made rejoinder, “God send you a good deliverance.” The serjeant at arms then made proclamation:--
“Oyez, oyez, oyez–All manner of persons who will give evidence upon a oath before our sovereign lord the king, against Robert Earl of Kingston, the prisoner at bar, let them come forth and they shall be heard, for he now stands at the bar upon his deliverance.”
A deely of some time then took place. NO witnesses appearing, Lord Clare asked the counsel for Lord Kingston, whether they had served notices of the removal of the indictment into the high court of Parliament? It was seldom that Lord Clare had to address any remark to the counsel who attended for the accused. It was no other than Curran, the sturdy enemy of Lord Clare.
Witnesses were then produced on the part of the accused to prove that notice had been duly served to the widow and children of the deceased Colonel Fitzgerald. Proclamation was again made for witnesses for the crown to come forward; but none appeared. Then after some matters of form had been gone through, the Lord HIgh Steward called over every peer by his name begonning with the junior baron and asked him, “Is Rober Earl of Kingston gujilty of the murder oand felony wherof he stands indicted, or not guilty?”
And thereupon every peer present severally,standing up uncovered answered, ‘Not guilty, upon my honor,” laying his right hand upon his heart.The Lord HIgh Steward then summoned the Earl of Kingston again to the bar, and briefly informed the accused of his acquittal without a “dissenting voice.” Lord Kingston then made three reverences to the peers and retired.
The white staff was then delivered to Lord Clare, who, holding it in both hands, broke it in two, and declared the commission to be dissolved.
Miss King was removed to England, and was domesticated there under a feigned name. She was at last settled in the family of a respectable clergyman of the established Church in Wales. Her manners were engaging; in character, as well as in person, she is described as having been very attractive. The clergyman did not know the real name or the history of the interesting individual domesticated under his roof. For obvious reasons, he was kept in error by the friends of the young lady. The termination of her adventures was not the least remarkable fact in her romantic story. She was very much liked by the clergyman’s family,and her conversational powers are described as being in high order. She possessed one of the most fascinating of all accomplishments–the art of narrative. Her own extraordinary adventures were one day the theme of her narrative powers. She told the clergyman, using feigned names, the entire history of her life, and described, as belonging to the history of another person, the feelings which she had herself experienced and the incidents which had occurred to her. The delineation as might easily be supposed, was highly wrought and spirited. It moved the clergyman exceedingly and he expressed the deepest pity for the victim painted by MIss King. While he was expressing his feelings, Miss King suddenly revealed to him who she was. “I am that very person for whom you have expressed so much interest.” The clergyman was astonished at the intelligence and showed at first more surprise than pleasure at the information. MIss King at once repented of her frankness as she thought it likely that she would be removed to another abode.She told the clergyman that she supposed after that information he could not permit her any longer to be an inmate of his household. He disclaimed such an intention–he saw that the young lady was more “sinned against than sinning”--and he felt sincere compassion for her sufferings and sympathy with her misforutnes In many cases, especially where the sex is concerned, “Pity is akin to love.” It was so in the present instance, and the adventures of Miss King finally closed more pleasantly than might have been augured from their commencement. She was not long after married to this clergyman’s son and lived with him a very happy and exemplary life. She died several years ago in Wales.