Charles Lyon, 6th Earl of Strathmore and Kinghorne
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Charles Lyon, 6th Earl of Strathmore and Kinghorne (c. 1699 – 11 May 1728) was a Scottish peer
and the son of John Lyon, 4th Earl of Strathmore. His exact date of birth is unknown but he was baptised on 12 July 1699.
Although his brother the third son and fifth Earl
was to display the family’s royalist sympathies when he joined the Jacobite
cause, and was slain at the battle of Sheriffmuir
in 1715, Charles, the 6th Earl was not directly implicated in the rebellion and although both his family seats were visited by the Old Pretender, (James III of England and VIII of Scotland) he was not disturbed in his rights.
On 25 July 1725 he married Lady Susan Cochrane daughter of John Cochrane, 4th Earl of Dundonald. Earl Charles was killed in an unfortunate brawl at Forfar by Carnegie of Finhaven
in May 1728 and left no heir.
, was burying his daughter. Before the funeral, he entertained the Earl of Strathmore, his own brother James Carnegie of Finhaven
, Mr Lyon of Bridgeton, and some others, at dinner in his house. After the funeral, these gentlemen adjourned to a tavern, and drank a good deal. Carnegie of Finhaven got extremely drunk. Lyon of Bridgeton was not so intoxicated, but the drink made him "rude and unmannerly" towards Finhaven. Afterwards, the Earl of Strathmore went to call at the house of Mr Carnegie’s sister, Lady Auchterhouse, and the others followed. The presence of a lady (even a lady who was a widowed sister-in-law) failed to make Bridgeton conduct himself discreetly. He continued his "boisterous rudeness" towards Finhaven and even used some rudeness towards the lady herself.
About dusk, the party sallied forth into the street, and here Bridgeton pushed Carnegie of Finhaven into a "deep and dirty kennel" (ditch), which covered him nearly head to foot with "mire". Incensed by Bridgeton's action, Carnegie of Finhaven rose and, drawing his sword, ran up to Bridgeton with "deadly design". The earl, seeing him advance, pushed Bridgeton aside, and unhappily received the lunge full in the middle of his own body. The Earl died forty-nine hours after the incident.
Carnegie of Finhaven
was tried for murder in a famous trial which established the "not guilty
" verdict (in addition to "proven" and "not proven") in Scots Law and the right of Scots juries to try the whole case and not just the facts known as Jury Nullification
.
Peerage of Scotland
The Peerage of Scotland is the division of the British Peerage for those peers created in the Kingdom of Scotland before 1707. With that year's Act of Union, the Kingdom of Scotland and the Kingdom of England were combined into the Kingdom of Great Britain, and a new Peerage of Great Britain was...
and the son of John Lyon, 4th Earl of Strathmore. His exact date of birth is unknown but he was baptised on 12 July 1699.
Although his brother the third son and fifth Earl
John Lyon, 5th Earl of Strathmore and Kinghorne
John Lyon, 5th Earl of Strathmore and Kinghorne was a Scottish peer and the son of John Lyon, 4th Earl of Strathmore and Kinghorne. He died fighting with the Jacobites in The Battle of Sheriffmuir in 1715...
was to display the family’s royalist sympathies when he joined the Jacobite
Jacobitism
Jacobitism was the political movement in Britain dedicated to the restoration of the Stuart kings to the thrones of England, Scotland, later the Kingdom of Great Britain, and the Kingdom of Ireland...
cause, and was slain at the battle of Sheriffmuir
Battle of Sheriffmuir
The Battle of Sheriffmuir was an engagement in 1715 at the height of the Jacobite rebellion in England and Scotland.-History:John Erskine, 6th Earl of Mar, standard-bearer for the Jacobite cause in Scotland, mustered Highland chiefs, and on 6 September declared James Francis Edward Stuart as King...
in 1715, Charles, the 6th Earl was not directly implicated in the rebellion and although both his family seats were visited by the Old Pretender, (James III of England and VIII of Scotland) he was not disturbed in his rights.
On 25 July 1725 he married Lady Susan Cochrane daughter of John Cochrane, 4th Earl of Dundonald. Earl Charles was killed in an unfortunate brawl at Forfar by Carnegie of Finhaven
Carnegie of Finhaven
Carnegie of Finhaven is famous for his trial for the killing of Charles Lyon, 6th Earl of Strathmore and Kinghorne which resulted in the not guilty verdict becoming a recognised part of Scots law and establishment the right of Scots juries to judge the whole case and not just the facts, a right...
in May 1728 and left no heir.
The death of the Earl
On March 9, 1728 Mr Carnegie of Lour, residing in the burgh of ForfarForfar
Forfar is a parish, town and former royal burgh of approximately 13,500 people in Angus, located in the East Central Lowlands of Scotland. Forfar is the county town of Angus, which was officially known as Forfarshire from the 18th century until 1929, when the ancient name was reinstated, and...
, was burying his daughter. Before the funeral, he entertained the Earl of Strathmore, his own brother James Carnegie of Finhaven
Carnegie of Finhaven
Carnegie of Finhaven is famous for his trial for the killing of Charles Lyon, 6th Earl of Strathmore and Kinghorne which resulted in the not guilty verdict becoming a recognised part of Scots law and establishment the right of Scots juries to judge the whole case and not just the facts, a right...
, Mr Lyon of Bridgeton, and some others, at dinner in his house. After the funeral, these gentlemen adjourned to a tavern, and drank a good deal. Carnegie of Finhaven got extremely drunk. Lyon of Bridgeton was not so intoxicated, but the drink made him "rude and unmannerly" towards Finhaven. Afterwards, the Earl of Strathmore went to call at the house of Mr Carnegie’s sister, Lady Auchterhouse, and the others followed. The presence of a lady (even a lady who was a widowed sister-in-law) failed to make Bridgeton conduct himself discreetly. He continued his "boisterous rudeness" towards Finhaven and even used some rudeness towards the lady herself.
About dusk, the party sallied forth into the street, and here Bridgeton pushed Carnegie of Finhaven into a "deep and dirty kennel" (ditch), which covered him nearly head to foot with "mire". Incensed by Bridgeton's action, Carnegie of Finhaven rose and, drawing his sword, ran up to Bridgeton with "deadly design". The earl, seeing him advance, pushed Bridgeton aside, and unhappily received the lunge full in the middle of his own body. The Earl died forty-nine hours after the incident.
Carnegie of Finhaven
Carnegie of Finhaven
Carnegie of Finhaven is famous for his trial for the killing of Charles Lyon, 6th Earl of Strathmore and Kinghorne which resulted in the not guilty verdict becoming a recognised part of Scots law and establishment the right of Scots juries to judge the whole case and not just the facts, a right...
was tried for murder in a famous trial which established the "not guilty
Not proven
Not proven is a verdict available to a court in Scotland.Under Scots law, a criminal trial may end in one of three verdicts: one of conviction and two of acquittal ....
" verdict (in addition to "proven" and "not proven") in Scots Law and the right of Scots juries to try the whole case and not just the facts known as Jury Nullification
Jury nullification
Jury nullification occurs in a trial when a jury reaches a verdict contrary to the judge's instructions as to the law.A jury verdict contrary to the letter of the law pertains only to the particular case before it; however, if a pattern of acquittals develops in response to repeated attempts to...
.