Mark Rudkin

Rudkin was an Irish native, son of William Rudkin, Esq., of County Carlow.[1] He was a veteran of the British Army who served in the Peninsular War, in the Low Countries, and in North America. He was made an ensign in 1805,[2] and was a lieutenant by 1811, when he was wounded in the Battle of Fuentes de Oñoro,[3] part of Wellington's Peninsula Campaign. He was taken as a prisoner of war in 1813 in actions following the Battle of Vitoria.[3] Rudkin was promoted to full captain of his company on 3 March 1815.[4] He was later stationed at St. John's, Newfoundland.

Rumour has it that both Rudkin and Philpot were adversaries for some time, as they both were vying for the affections of the daughter of a prominent citizen of St. John's who lived at Quidi Vidi. On one occasion, during a social function. Philpot was goaded into insulting Rudkin, but soon afterwards apologized. On March 29, 1826, most of the officers of the Royal Veteran Companies gathered at the quarters of Captain Matthew Henry Willock for a party and friendly game of "lanscolet". A controversy arose as to the ownership of a £2.8/6 pot, which resulted in some exchange of words and Philpot tossing water in Rudkin's face. After repeated attempts to resolve the matter by gentlemanly means, Rudkin, according to the Laws of Honour, felt obliged to call out Philpot.

In the early afternoon of March 30, 1826 they proceeded to a site about a mile from St. John's at West's Farm near Brine's Tavern. The spot chosen for the duel was Robinson's Hill, to the east of Rennie's Mill,[5] possibly the site of what would later become the Feildian Grounds.[6]

Rudkin's second was Dr. James Coulter Strachan (1794 - 1827), assistant surgeon of the Royal Veteran Company while Captain George Farquhar Morice (of HMS Grasshopper) acted as Philpot's second.[7]

Wallis and Banks pistols were used, but while Philpot was considered a good shot, Rudkin was an expert marksman. Strachan give the signal to fire, while Philpot's shot missed its intended target it grazed Rudkin's collar, Rudkin had fired aimlessly into the air in hope that the disagreement would be settled amicably. Philpot refused and thus a second round was prepared.[8]

This time Morice gave the signal to fire to which Philpot was mortally wounded and died soon afterwards on the field. Rudkin, agitated and confused, ran to Fort Townshend and reported the incident to his commanding officer.[8]

On April 17, 1826, the trial began. with Chief Justice Richard Alexander Tucker presiding. It was the first court case held in the newly-reformed Supreme Court.[9]

Rudkin was charged with murder in the first degree, while Strachan and Morice were charged as accessories in the second degree. At the conclusion of the trial, the Chief Justice addressed the jury, giving his personal estimation of the Laws of England, and stating that there was no Law of Honour in the British court system. He admonished the accused prisoners.

The jury returned with a verdict of Guilty — but without malice. The justice, "advised the court that, if the jury was satisfied that no malice existed, it would have either to bring in a verdict of manslaughter, or acquit the men altogether. It took only twenty minutes to decide on the latter."[9] The verdict "gave evident satisfaction to an extremely crowded Court, and was received by the multitude with repeated cheers."[10]

Following the trial, Rudkin was met with "a tumultuous reception" from a crowd waiting on the street outside.[11]Not much is known about Rudkin's life following the trial. In 1840 he was called as a witness in a court trial in Dublin.[12] By that point, he had, presumably, returned to Ireland.