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Law in Popular Culture collection

The Complete Newgate Calendar
Volume II

RICHARD THORNHILL, ESQ

Convicted of Manslaughter on 18th of May, 1711, for
killing Sir Cholmondeley Deering in a Duel

SIR CHOLMONDELEY DEERING and Mr Richard
Thornhill had dined together on the 7th of April, 1711,
in company with several other gentlemen, at the Toy, at
Hampton Court, when a quarrel arose, which occasioned
the unhappy catastrophe that afterwards happened.
   During the quarrel Sir Cholmondeley struck Mr Thorn-
hill, and a scuffle ensuing, the wainscot of the room broke
down, and Thornhill falling, the other stamped on him, and
beat out some of his teeth. The company now interposing,
Sir Cholmondeley, convinced that he had acted improperly,
declared that he was willing to ask pardon; but Mr Thorn-
hill said that asking pardon was not a proper retaliation for

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the injury he had received; adding: "Sir Cholmondeley
you know where to find me." Soon after this the com-
pany broke up, and the two men went home in different
coaches, without any further steps being taken toward
their reconciliation.
   On the 9th of April Sir Cholmondeley went to the coffee-
house at Kensington and asked for Mr Thornhill. He
not being there, he went to his lodgings, and the servant
showed him into the dining-room, to which he ascended
with a brace of pistols in his hands; and soon afterwards
Mr Thornhill, coming to him, asked him if he would drink
tea, which he declined, but drank a glass of small-beer.
   After this the gentlemen ordered a hackney-coach, in
which they went to Tothill Fields, and there advanced
towards each other, in a resolute manner, and fired their
pistols almost in the same moment.
   Sir Cholmondeley, being mortally wounded, fell to the
ground; and Mr Thornhill, after lamenting the unhappy
catastrophe, was going away when a person stopped him,
told him he had been guilty of murder, and took him before
a Justice of the Peace, who committed him to prison.
   On the 18th of May, 1711, Richard Thornhill, Esq.
was indicted at the Old Bailey sessions for this murder
In the course of this trial the above-recited facts were
proved, and a letter was produced, of which the following
is a copy :-

8th April, 1711
SIR,-I shall be able to go abroad to-morrow morning,
and desire you will give me a meeting with your sword and
pistols, which I insist on. The worthy gentleman who
brings you this will concert with you the time and place.
I think Tothill Fields will do well; Hyde Park will not,
at this time of year being full of company. I am, your
humble servant,

RICHARD THORNHILL.

   Mr Thornhill's servant swore that he believed this letter
to be his master's handwriting; but Mr Thornhill hoped

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the jury would not pay any regard to this testimony, as the
boy had acknowledged in court that he never saw him write. 
   Several persons of distinction testified that Mr Thornhill
was of a peaceable disposition, and that, on the contrary,
the deceased was of a remarkably quarrelsome temper.  On
behalf of Mr Thornhill it was further deposed that on Sir
Cholomondeley being asked if he came by his hurt through
unfair usage, he replied: “No: poor Thornhill! I am sorry 
for him, this misfortune was my own fault, and of my 
own seeking; I heartily forgive him, and desire you all to 
take notice of it, that it may be of some service to him, and 
that one misfortune may not occasion another.”
   The jury acquitted Mr Thornhill of the murder, but 
found him guilty of manslaughter; in consequence of
which he was burned in the hand.
 
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Newgate Calendar Vol. II Table of Contents / The Complete Newgate Calendar