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SHOP BREAKING AND THEFT.
HIGH COURT OF JUSTICIARY. which the unfortunate prisoner now stood
at the bar of that Court. He was induced,
however, in this case, from the candid ON the 13th of March, came on before manner in which this unhappy young man
had confessed his guilt from the time of Brown and Alexander Thomson, accused his commitment ; from his previous good of theft and housebreaking, and Ann Gray, character, and other alleviating circumnaccused of reset of theft. The indictinent stances, to restrict the libel to an arbitrary accuses the pannels of two several acts of punishment. theft, in breaking into a house, building Mr Tawse, Counsel for the pannel, read b; Sanuel Richard, in Eldin-street, Rox a very ample certificate of his character for bargo Park, and stealing therefrom some diligence, attention, sobriety, and honesty rights tools, on 228 or 23d of January as an apprentice, from his master, and, lust; and also of breaking into the shop of also a certificate of his age, which was only John Strachan, grocer, Nicholson-street, on the 25th or 26th of January, and steal The Lord Justice Clerk very shortly ading therefrom some copper money, and va dressed the Jury, who were immediately rious articles of grocery goods.
inclosed, and the Court continued sitting. After the indictment was read over to After being sometime inclosed, they rethe pannels, the Solicitor-General moved turned a verdict, unanimously finding the that the diet should be continued as to Al- pannel guilty, but recommending him to exander Thomson and Ann Gray, till the the mercy of the Court, on account of his 23d curt. They were, in consequence, re youth, and previous good character. committed to prison.---Thomas Brown The Judges, who were all present éx. pleaded guilty. A jury was then chosen, cept Lord Woodhouselee, severally delivere and the pannel adhered to his plea, which ed their opinions on the verdict. All their be signed in presence of the Court and Lordships deeply lamented that crimes
such as those of which the pannel had The Solicitor-General said, he lamented been found guilty had become so frequent very much that the crimes, of which the among young men of the pannel's age and palinel admitted he was guilty, had of late description ; that the great cause of crimes been but too frequently committed by was the inattention of parents and masters young men of his age. This, he could not in not guarding properly the morals of the belp remarking, arose chiefly from the ne young under their care; and that much gligence of parents and masters, who did responsibility attached to them for the nenot sufficiently exert their authority in glect of this important duty. The preproperly taking care of young people, vious good character of the prisoner had which, in many instances, would prevent been of much advantage to him ; and, it the commission of such crimes as those før was only to be lamented, he had not per
penny, W. S.
CHARGE OF MURDER.
severed in she paths of virtue. By the le- might be the remote, but not the proxie nient interference of the public prosecutor, mate cause of her death.---They also de the Court were delivered from the painful clared, that if she drank spirits it would necessity of inflicting a capital punish- be fatal to her.---They both thought her ment; but, although the Jury had recom- capable of emitting a declaration. She mended the pannel to mercy, on account was about 28 years of age, and a stout of his youth and good character, yet they woman. were bound by their duty to tell the pub- Her declaration being identified, was lic, particularly the young, that youth read. was no excuse for crimes; and that those The first person called to prove the mur who transgress the law, 'in instances such der was rejected on account of not being as the present, will meet with the punish- properly designed. ment due to their guilt. The Lord Justice Mary Anne Mackay, lately residing with Clerk, after a suitable admonition to the Bell Murray, in Whisky Row, said, that pannel, pronounced sentence, ordaining she knew the late Mrs Halliday, and that him to be transported beyond seas, for ‘she was there on a Sunday night in Deseven years, under the certification of suf- cember; that the prisoners were there, and fering death, if he return before the expiry had half a mutchkin of whisky; that they of that period.
wanted more spirits, but Mrs Halliday re. Counsel for the Crown, the Solicitor- fused, as she wanted to go with Mrs General and Henry Home Drummond, Shortread to the Abbey ; that three girls Esq; Agent, Mr Hugh Warrender, W.S. were present, Waterston, Linton, and ---For the pannel, John Tawse and John Macpherson, and they had got more drink Christison, Esqrs; Agent, Mr A. Money, than they should have got ; that the pan.
nels were in a room, but came out of it into the lobby, wishing to get out of the
house ; but Mrs Shortread secured the On the 13th of March came on the trial door, to prevent their getting out ; that of Morrison Kilgour and John Scott, accu- Shortread and Linton put out the lights, sed of the murder of Ann Halliday, resid- and a scuffle ensued in the lobby, when ing in Whisky-row, Cowgate, hy striking she saw the two prisoners strike Mrs Halher on the head with a stick or sticks, a liday repeatedly with the half of the kitchpair of iron tongs, or an iron poker, in en tongs, which had been in two pieces consequence of which she died after lan- before that time; that there was a good guishing for some time.
fire in the kitchen, which partly lighted The prisoners pleaded not guilty, and the lobby.--that one of the men followed the particulars of their case, were very the witness into the kitchen, and knocked neatly and concisely stated by Mr A. her down, by striking her on the head Wood, their junior Counsel. Mr Alexan. with half of the tongs, and she was left der Gillespie and Mr John Bark, surgeons, lying weltering in her blood---afterwards who attended the deceased, gave an account she was carried to the Royal Infirmary. of the nature of her wounds, and the state ---One of the girls, Waterston, who was of her person, from the 22d of December with child, had one half of the tongs in till her death on the 10th of January. She her hand, and is not sure if she had not had two wounds on the fore part and one another piece in her own hand,.--the ser. on the back part of her head, whic's was vant told her so, as she was the worse of swelled nearly double the ordinary size. liquor at the time ; that she was in Mrs There was a discharge of matter from one Halliday's till she died, but was not her of the wounds, all of which were in a very immediate attendant; that she knows Mrs amhealthy state, owing to the erysipilas Halliday got spirits during the time the extending all over the head. The wound surgeons were attending her ; that before appeared to have been inficted by a blunt this Mrs Halliday had a quarrel with a weapon.---Her head was opened after she painter, who struck her on the breast and died; but both these gentlemen thought hurt her much. On the evening the scuffle her death was occasioned chiefly by the happened, Mrs Halliday was rather the erysipilas, the swelling in the head, and a worse of liquor. bad habit of body, and not by the wounds, The Solicitor-General said he would call which were sınall; that the wounds might no more witnesses. It appeared, that this be the occasion of bringing on the erysipi. unfortunate affair had taken place in one Luis; and were of opinion that the wounds of those low, vilc places, that are most
improperly allowed licences to retail spi.
SPRING CIRCUITS. rits, from which the most unhappy consequences arise to the public. An immediate
The following are the appointments for check ought to be applied to this practice, the ensuing Spring Circuits :-otherwise it was impossible to answer for the consequences, especially in a large me.
South- The LORD JUSTICE CLERK and tropolis, such as Edinburgh.
Lord HERMAND. MrJ. A. Murray said a few words for the Jedburgh,...... Wednesday,...... April 15. pannels ; after which, the Lord Justice Dumfries....... Monday, ..
April 20. Clerk deşired the Jury to retire, and make
Saturday .......... April 25. out their verdict, during which the Court continued sitting. In about half an hour North-Lord ARMADALE and Lord Gillies. the Jury returned their verdict, unanimously finding the libel “ Not proven."
Inverness,... Friday,............ April 10. After a very sensible admonition as to their Aberdeen,...... Friday,.
(............. April 17. future conduct in life, from the Lord Jus- Perth, .... Wednesday,...... April 22. tice Clerk, the pannels were dismissed from the bar.
West Lord MEADOWBANK & Lord WoodCounsel for the Crown, the Solicitor. General and William Horne, Esq.; agent, Stirling ......... Saturday,.....
April 18. Mr Warrender. For the pannels, John A.
Inveraray, Murray and Alexander Wood, Esquires;
April 23. gent, Mr Riddel, w.S.
Glasgow, ........ Monday,... ....... April 27.
While the Jury were inclosed, the clerk of Court read an act of adjournal, proceed.
COURT OF SESSION.
Salmon Fishings. tising medicine, by which the public are
On Saturday, the 7th of March, was de imposed on, and, by the ignorance of these pretended practitioners, even lives have cided the long depending cause between the been lost. By this act such persons may
Duke of Athol, and the other Upper Heri.
tors on the Tay, and the Honourable Wil. now be prosecuted by the Society, either before the sheriffs of counties or magis- ham Ramsay Maule and the other Proprie.
tors of fishings situated in that river. trates of burghs, for their assuming this
The question at issue regarded the le. profession, without being duly qualified.
gality of the fixed machinery for catching March 16, came on before this Court the salmon, lately invented, and now in gene. trial of G. Bartholomew, accused of em.
ral use upon the lower parts of the Tay,
and commonly known by the name of stake bezzling and abstracting from the porterstore, kept at the Timberbush, Leith, by nets. Upon this subject the Court former. Mr Jarnes Whale, for Felix Calvert and ly heard Counsel at great length, both viva Company, brewers, London, seven hogs
voce and in writing ; and their Lordships, heads of porter, for his own profit. The
after delivering their opinions very fully, pannel pleaded " Guilty," and, a Jury be found, by a great majority, that the stake ing chosen, signed a confession of his guilt hibitions created by the acts of Parliament,
nets are illegal, as falling within the probefore the Court and Jury; on which the Jury returned a verdict of guilty, and the
and that the Lower Heritors are liable in Court sentenced him to four months im damages and expences, of which a conde.
seendence and aceount were allowed to be prisonment in Leith gaol.
given in. The Court also granted an inter.
dict against the continuance of that mode (The trial of John Skelton, for robbery of fishing, but superseded extraet for a lion the 31st of December and 1st January, mited time; by which means, the Lower go the streets of Edinburgh, will be found Heritors will have an opportunity of bringe in a preceding part of this Number.]
ing the judgment under review, either by
a reclaiming petition, or an appeal. This March 1812.
judgment, it will be observed, only applies 10 to such fishings as are locally situated in
the river Tay, and not to such as can be
TEIND COURT. said to be sca fishings: but with regard to the precise line where the river ends, and Augmentation in Barley where Bear is the
Grain cultivated. the sea begins, the Court were consider. ably divided in opinion ; although it was In a process of augmentation of the sti. ultimately settled that this matter must pend of Kincardine O'Neil, in Aberdeen. depend upon the title-deeds of the parties, shire, a question arose, which interests it being incumbent on such heritors as landholders and clergy in yarious districts. allege their fishings to be in the sea, to es The Court awarded a victual stipend, parte tablish the fact by proper evidence. ly in barley, convertible always at the fiar
prices under a late act of Parliament. The heritors put in a reclaiming petition, com
plaining of this modification, upon the Cessio Bonorum.
footing that, in Aberdeenshire, barley is Schiniman v. His Creditors.
not usually cultivated, and that in this
particular parish none is ever raised. In This is a case of great general import. The answers for the minister, it was conance to the inhabitants of Scotland.
tended that, however material that fact The question was, “ Whether an indi- might have been prior to the late statute, vidual, convicted of gross and culpable ex. converting all future victual stipends into travagance, one who, for a number of money, yet that now it was of no moment, years, lived in a manner totally unsuitable as the grain could not be exacted in kind, to his rank and station in life, and without and that the term “ barley ” was merely the slightest prospect of being able to dis- used as descriptive of the highest rate of charge the debts he was contracting, is en conversion, as the same might be obtained titled to the benefit of the cessio?”
from the fiars of the next adjacent county The Creditors opposed the cessio, on the where barley fiars were struck. And it ground that a man, who has, by a vein of was further contended, that the Court, in extravagance, without having met with awarding a barley augmentation, had given any losses, or been reduced to indigence a less quantity of augmentation victual by innocent misfortunes, is not entitled to than they would have done, had they a. the benefit of it. On the other hand, the warded grain of inferior quality. Petitioner contended, that mere extrava 'The Court, on the 4th February, unanigance of living, with his family, in the de- mously refused the heritors' petition, upon gree alluded to by his creditors, and espe- this special ground, that the augmentation cially in similar circumstances to those in had been at first allowed to go out, without which he was placed, never had been in any objection to the modification of barley, any one instance considered as a bar to the and that it was not fair to the minister, granting of a cessio; and that, if he should when he was now foreclosed from asking a now be refused the benefit of that process, greater quantum, to attempt to reduce the it would have the effect of introducing a value of his stipend by a complaint, at so rule into the process of cessio widely differ- late a period, against the quality. But ent from what has been acted upon in all their Lordships refused to lay down any former practices of the Court of Session. general rule on the subject, apparently in
The Court (22d June 1811) “ refused clining to think that it is proper to regu. to the pursuer the benefit of the process of late augmentations by the descriptions of cessio bonorum, in hoc statu.”
grain which are usually produced in the The pursuer gave in a petition to the several parishes to which the stipends apCourt against this judgment; and, ply, and that it is the business of heritors
The Court (16th November 1811) “ ad to lay the requisite information before the hered to their former judgment."
Court at the time the interlocutor of modi. Some of the Judges expressed an opinion fication is pronounced. that it appeared to be a new kind of mo Counsel for the Heritors-H. Lumsden, rality to say, that a man is justifiable for Esq. ;'agent, Masterton Ure, W. S. running into every sort of extravagance, Counsel for the Minister James Gorprovided he make his wife and children don, Esq. ; agent, Mr Alexander Young sharers in that extravagance.
Grooms of the Bedchamber - General
Charles Leigh, General E. Stephens, GeFrom the London Gazette.
neral T. Sloughter Stanwix, Honourable Whitehall, Feb. 22. The Prince Regent Henry Stanhope, Lieutenant-General Sir has created General Lord Viscount Wel
J. Craddock, Lieutenant-General William lington an Earl of the United Kingdom, Keppel, Colonel Wilson Bradyll. by the title of Earl of Wellington.
Clerk Marshal and Chief Equerry, - Lieutenant-General Thomas Graham,
Colonel Benjamin Bloomfield. Lieutenant-General Rowland Hill, and Ma
Equerries, Major-General Hammond, jor-General Sir Samuel Auchmuty, Knight, Lieutenant-Colonel Wm. Congreve, Majorcreated Knights of the Bath.
General Bayley of the Coldstream guards, 21. Major-General Charles Wale, to be
Honourable Frederick Howard of the 10th Governor and Commander-in-chief of Mar- light dragoons, Colonel Vivian of the 7th tinique.
dragoons. - Major-General the Honourable Ro
March 14.-- To be Pages of Honour to bert Meade, to be Lieutenant-Governor of
his Majesty, Frederick William Turner, the Cape of Good Hope.
Esq. Charles George James Arbuthnot, - Lieutenant-Colonel Charles Napier, Esq. Frederick William Culling Smith, to be Lieutenant-Governor of the Virgin Esq. and John Arthur Douglas Bloomfield, Islands.
Esq. - Lieutenant-Colonel Thomas Davey,
March 13.-The Right Honourable Geto be Lieutenant-Governor of Van Diemen's
neral Charles Earl of |Harrington, to be Land, New South Wales.
Governor, Captain, and Constable af Wind. March 4. Robert Viscount Castlereagh,
sor Castle, in room of James Earl of Car. appointed one of the principal Secretaries digan, deceased. of State.
Carleton House, March 17. 7. The Marquis of Hertford, appointed His Royal Highness the Prince Regent Lord Chamberlain of his Majesty's house has appointed John Macmahon, Esq. to be hold.
Keeper of the Privy Purse, and Private Se. - Earl Cholmondeley, appointed Lord cretary to his Royal Highness. Steward of the household.
Whitehall, March 17. - The Marquis of Winchester, appoint His Royal Highness the Prince Regent ed Groom of the Stole to his Majesty. has been pleased to order a writ to be is.
- Lord Gillies appointed one of the sued, for summoning the Right Honour, Lords of Justiciary, in room of Lord Craig, able Hugh Percy (commonly called Earl resigned.
Percy) up to the House of Peers, by the -John Simeon, Esq. one of the Mas- stile and title of Baron Percy. ters of Chancery ; Count Munster, and
War-Office, Feb. 25, 1812. Colonel Robert Taylor, to be Commission.
Brevet. ers for the protection, &c. of his Majesty's Colonel Sir Thomas Saumarez to be Ma. property.
jor-General in the army. - Colonel Jasper Grant, of the 41st
The under-mentioned officers, (aides-du foot, to be Lieutenant-Governor of Carlisle,
camp to his Royal Highness the Prince vice Major-General Este, deceased.
Regent) to be Colonels in the Army. - The Right Honourable Henry Wel.
Lieutenant-Colonel Frederick Adam, of lesley to be one of the Knights Companions the 21st foot. of the Bath.
Lieutenant-Colonel R. H. Vivian, of 10. The Earl of Yarmouth, to be Vice
the 7th light dragoons. chamberlain of the Household.
Lieutenant-Colonel Henry Torrens, of To be Lords of his Majesty's Bed.
the 3d foot guards. chamber,
Lieutenant-Colonel Benjamin BloomThe Most Noble the Marquis of Head- field, of the Royal artillery. ford, the Right Honourable Lord Vis The Prince Regent has appointed the count Melbourne, the Right Honour. Duke of Buccleuch and Queensberry to be able Lord Heathfield, the Right Honour Lord Lieutenant of Mid-Lothian, in room able Lord James Murray, the Right Hon. of the late Duke :--and his Grace has apourable Lord Viscount Petersham.
pointed Andrew Wauchope, Esq. of Nid. First Groom and Master of the Robes, drie, to be Vice Lieutenant, and John Thomas Nassau, Esq.
Wauchope of Edmonston, and William