The University of Texas at Austin

Law in Popular Culture collection

The Complete Newgate Calendar
Volume III

CAPTAIN CLARKE, R.N.

Convicted and condemned to be hanged for the Murder
of Captain Innis, in a Duel, and pardoned,
12th of  June, 1750

THE Captains Innis and Clarke were commanders
under Admiral Knowles -- the first of the Warwick,
and the latter of the Canterbury, line-of-battle-ships, of sixty-
four guns each -- when he obtained a victory over a Spanish

[178]

fleet of equal force, and took from them the Conquestadore,
and ran their Vice-Admiral on shore, where she blew up, the
rest escaping under favour of the night. It was the opinion
that had the Admiral availed himself of an opportunity
which at one time presented of bringing up his fleet to bear
at once upon the enemy the whole might have been taken.
   The issue of this battle was therefore unsatisfactory to
the nation, and the Admiral was called to account for his
conduct before a court martial, held on board the royal yacht,
the Charlotte, at Deptford, which sat during nine days.
   The opinion of the Court being unfavourable to the
Admiral caused a divided opinion among the officers. It
did not, however, affect the personal bravery of that com-
mander, but, on the contrary, as appeared in evidence,
he displayed the greatest intrepidity, exposing his person
to imminent danger, after his ship was disabled; but it
appears that in maneuvring, previous to the engagement,
he had not availed himself of an advantage, by which neglect
it was begun by four of his, when six might have been
brought up. The Court therefore determined that he fell
under the 14th and 23rd Articles of War -- namely, the word
" negligence " ; for which they sentenced him to be repri-
manded. This sentence caused much ill blood among the
officers. The Admiral had already been called out twice in duels
with his captains, and had received more challenges of the
same kind; but Government, being apprised of the outrages,
put a stop to them by taking the challengers into custody.
   Captain Clarke, it appears, had given evidence on the
trial of the Admiral which displeased Captain Innis to so
great a degree that he called him " a perjured rascal," and
charged him with giving false evidence. This was certainly
language worse to be borne by an officer than rankling
wounds, or even death. Captain Clarke, being apprised that
Innis in this way traduced and vilified him in all companies,
gave him a verbal challenge, which the other accepted.
   On the 12th of August, 1749, early in the morning, these
gentlemen, attended by their seconds, met in Hyde Park.
The pistols of Captain Clarke were screw-barrelled and

[179]


about seven inches long; those of Captain Innis were
common pocket-pistols, three inches and a half in the barrel.
They were not more than five yards distant from each other
when they turned about, and Captain Clarke fired before
Captain Innis had levelled his pistol. The ball took effect in
the breast, of which wound Captain Innis expired at twelve
o'clock the same night. The coroner's jury found a verdict, of
wilful murder against Captain Clarke, on which he was appre-
hended, brought to trial at the Old Bailey, found guilty, and
sentenced to death. The King, in consideration of his ser-
vices, and the bravery he displayed in fighting his ship under
Admiral Knowles, was pleased to grant him a free pardon.
   There were other circumstances in this unfortunate
rencounter which were favourable to Captain Clarke, for his
firing on turning round, and his pistol being larger than that
of Captain Innis, was not deemed unfair by the sanguinary
rules of duelling; for Captain Innis might have provided,
himself with a large pair had he pleased. But what pleaded
powerfully on his behalf was the expressions of the dying
man, who acquitted and forgave him. When a soldier seized
Captain Clarke, the former asked the wounded man what he
should do with him, to which he faintly answered : " Set him
at liberty, for what he has done was my own seeking."
   On the 1st of June, 1750, being the last day of the sessions
of the Old Bailey, Captain Clarke, among the other convicts,
was brought up to receive sentence of death, when he
pleaded his Majesty's pardon, which had been then lately
sent him, and which being recorded, he was discharged.

[180]


Newgate Calendar Vol. III Table of Contents / The Complete Newgate Calendar