In New Zealand it is a criminal offence to challenge or provoke another person to fight a duel. If two people deliberately fight a duel in which one is killed, the survivor is guilty of murder. Consequently the full facts concerning a duel are often not recorded.
Polack v. Turner (1837 and 1842). The mutual animosity of the merchant, J. S. Polack, one of New Zealand's well known pre-Waitangi settlers, and the innkeeper, Ben Turner, was manifest in a running gun battle on Kororareka Beach in 1837 in which Turner was wounded. The second duel took place in 1842 when Polack was shot in the elbow and Turner received a bullet in the cheek.
Brewer v. Kelly (1840). William Brewer, a solicitor, was chaffed about a young lady and threatened to call out the next man who coupled their names. John Kelly, a surveyor, continued the ragging and in the ensuing duel on Oneroa Beach, Kororareka, part of his wig was shot away.
Ross v. Brewer (1844). Brewer was again involved in a duel, on this occasion with H. Ross, a solicitor, the quarrel arising from a case in the Wellington County Court. The disputants met at the head of Sydney Street gully, Thorndon, Wellington, on 26 February 1844, and at the first exchange of shots Brewer was seriously wounded, dying on 4 March. The coroner found that the evidence did not prove by whom the wound was inflicted. The leader in the New Zealand Gazette and Wellington Spectator of 9 March condemned duelling and exhorted the Legislature to deal with this barbarous custom.
Phillpotts v. Falwasser (1844). Henry Falwasser, editor of the Auckland Times, was called out by Lieutenant George Phillpotts, RN (who later lost his life storming Hone Heke's pa), for adverse comments on the conduct of the war in the north. A duel took place in Auckland near where the Northern Club is now situated, probably soon after 10 September 1844. Falwasser received a bullet through his coat tail and Phillpotts lost a button from his uniform.
Renaut v. the Commissioner, Le Rhin (1845 or 1846). Dr Renaut, ship's surgeon, and the Commissioner of the Le Rhin, after a difference of opinion, met on the beach at Akaroa to satisfy honour with pistols at 25 paces. The Commissioner fired first but the priming cap was defective. Renaut then fired low and grazed the right thigh of the Commissioner who still demanded satisfaction. Before any further action could be taken Commodore Berard, commander of Le Rhin, appeared and put an end to the affair.
Featherston v. Wakefield (1847). Dr I. E. Featherston, editor of the Wellington Independent, strongly attacked the New Zealand Company's land policy in the issue of 24 March 1847. It is probable that this editorial opinion sparked off a duel between him and Col. W. Wakefield which is thought to have taken place on 25 March at Te Aro, Wellington. Featherston fired first and missed; then Wakefield fired into the air with the comment that he would not shoot a man who had seven daughters. The seconds at this duel were: for Featherston, Dr Dorset; and for Wakefield, F. Dillon Bell.
Gisborne v. Blackmore (1850). On 14 September 1850 a duel was fought at Auckland between William Gisborne, at the time a Justice of the Peace, and Blackmore. The disagreement arose at a party when a thrown orange rebounded from a guest's head to the face of another. This latter gentleman did not appreciate the light-hearted nature of the gesture and demanded an apology from the thrower. This was not given and in the consequential duel neither suffered physical injury. But public opinion sternly condemned the contestants and the Executive Council suspended Gisborne for a time from the Commission of the Peace.
Muter v. Robinson (1856?). Captain D. D. Muter, a settler at German Bay, Akaroa, had a land dispute with C. B. Robinson, the first Magistrate of Akaroa. The seconds were Cooper (Robinson), later Collector of Customs at Timaru, and Crosbie Ward (Muter). The duellists met on a bush track at Holmes Bay. At the first shot Robinson fired in the air; then Muter aimed at his opponent but missed. Muter wished to continue but the seconds intervened and the affair closed.
Hart v. Woodley (1863). A duel between M. B. Hart and Woodley is reported in Jacobson's Tales of Banks Peninsula, but there is doubt as to whether the pistols were loaded.
Revans v. Harrison. Harrison made rude remarks about a lady friend of Samuel Revans, editor of the New Zealand Gazette and Wellington Spectator. This resulted in a duel fought with pistols at Pipitea Point, Wellington. Neither contestant was injured.
The following affairs were concluded before a duel could take place.
Martin and Earp v. Fitzgerald (1842). Dr S. McD. Martin, editor of the New Zealand Herald and Auckland Gazette, published a critical article on the Legislative Council entitled “Our Independent Members”, believed to have been written by G. B. Earp, a member of the Council. R. A. Fitzgerald, Registrar of the Supreme Court, obtained the manuscript from John Moore, publisher of the Herald, and when asked by Martin to return it, refused. Consequently Martin challenged him and, on being refused, posted Fitzgerald as a coward and blackguard. Earp also challenged Fitzgerald but no duels were fought.
Cormack v. Best (1842). A difference occurred between W. E. Cormack and Captain A. D. Best on 17 March 1842 resulting in a verbal challenge sent from the former by Dr Martin. On the following day Best reported to a meeting of officers that he and his second E. Shortland met Martin, Cormack's second, at six that morning and waited an hour before withdrawing. Shortland stated that he and Martin could not agree whether to use Best's or Cormack's pistols. Martin withdrew. Later he wished to reopen the affair but Best declined, not wishing to be made a fool of again.
Joplin v. Johnson (1843). At an Auckland teetotal meeting, A. Johnson peremptorily ordered R. C. Joplin, editor of the Auckland Chronicle, to shut the door. Joplin, in an open letter, upbraided him for his impudence, and stated that the result of it might prove more serious than he imagined. Johnson, in reply, stated that he had not intended offence—that he had in error mistaken Joplin for one of the waiters in attendance. Joplin accepted the apology, but thought his appearance a little less plebeian than Johnson's answer would imply.
McLachlan v. Sinclair (1844). Lachlan McLachlan, who had come to Auckland in connection with the Manukau Land Company's enterprise, was called an adventurer by Dudley Sinclair, eldest son of Sir George Sinclair. McLachlan challenged him and, failing to receive an answer, called on Sinclair and whipped him with his own horse whip. Sinclair wished to challenge McLachlan but Conroy, Sinclair's second, advised against it. Sinclair committed suicide soon after, on 22 October, the inquest returning a verdict of temporary insanity.
Terry v. Shortland (1845). Charles Terry, author of New Zealand, its Advantages and Prospects as a British Colony, and first editor of the New Zealander, thought that Wilioughby Shortland Colonial Secretary, had slighted him. Terry intended to call out Shortland but after talking it over with a friend made a reconciliation.
Manning v. Stephen (1852). Mr Justice Sidney Stephen, newly appointed Judge of the Supreme Court at Dunedin, brought a charge of conspiracy against Graham, Mansford, and Webb. The case was heard on 22 January 1852 before the Dunedin Bench of Magistrates, who committed the defendants to the Supreme Court for trial. Mansford, a Port Chalmers storekeeper, at the same hearing charged Stephen with alleged assault, the Judge having threatened to break every bone in the complainant's body. As no assault had been committed the case was dismissed. During the hearings Stephen used abusive and ungentlemanly language, so causing offence to many of the public who when the cases were concluded, speedily collected a large sum to help defray the legal expenses of the defendants. When Stephen left the Court, Dr Henry Manning accosted him, demanding satisfaction for reflections cast on the character of Mary Graham. Stephen did not take up the challenge but applied for Court protection and had Manning bound over to keep the peace.
The Daily Southern Cross of 16 May 1870 reported that after a dispute at the Royal Hotel, Hamilton, on 11 May, the principals made their wills, then proceeded to the ground. Meanwhile the seconds had procured a bottle of blood from a butcher and had charged but not loaded the pistols. After the first shot, whether from fright or otherwise, one of the contestants fell, and was surreptitiously besprinkled with gore. The seconds urged the other to fly, but he stood his ground, boasting that it would teach gentlemen not to insult him. This “sanguinary” affair caused a sensation until the true facts were disclosed.
The Bruce Herald of 21 August 1877 reported that on 15 August two Tokomairiro youths had arranged to meet in a pistol duel near the township of Milton. A young lady was the cause of the trouble. But the mother of one of the participants came to learn of the affair and, accompanied by the other mother, arrived on the scene in time to avert bloodshed. The “duel” ended in an anti-climax with the rivals being escorted home by their respective mothers.
In the late 1840s two of the Auckland garrison, one of whom may have been Captain Moir (see New Zealand Military Journal, Vol. 1, p. 44), fought a duel near the Bastion. One died of the wounds received, but the affair was hushed up and the victim's headstone in the Symonds Street Cemetery, Auckland, states that he died of fever.
Soon after the Maori Wars, two ex-Army officers fought a duel with pistols at a military settlement near the Kaipara Harbour. The dispute arose over an incident at a card party and one of the duellists sustained a small shoulder wound.
At Auckland, on Friday, 12 July 1935, a duel with swords was fought between a former English Army officer and a foreigner, said to have been a Russian, who made a grossly insulting remark about King George V. After fighting for a few minutes, the Englishman ran his sword through his opponent's arm and the affair ended.
by John Sidney Gully, M.A., DIP.N.Z.L.S., Assistant Chief Librarian, General Assembly Library, Wellington.