« ForrigeFortsett »
also, with being habit and repute a thief, to not called for assistance at the birth, she was which charges the prisoner pleaded guilty, still subjected to the penalties of the statute and the libel was restricted to an arbitrary 49th Geo. III. cap. 14. The prisoner haypunishment.
ing admitted the concealment of her prega The jury then retired, and, in the even nancy, (being with child by a married man) ing returned a verdict of guilty, by his own and that she did not call for help, pleaded judicial confession. On Monday he was guill?), under the statute libelled, which was brought up for judgment, when his Counsel distinctly explained to her, and the libel, as made various objections. These were re restricted, was found relevant. The Jury, pelled by the Court, and the prisoner sen having retired, brought in a verdict of tenced to transportation for the term of guilty of the statute crime libelled, by her fourteen years.
own judicial confession; and Mr Haggart Francis Pirnie, alias John Robertson, was having pleaded in mitigation of punishment, next brought to the bar, on a charge of she was sentenced to be imprisoned six theft, and reset of theft. The articles he
months in the jail of Dundee, from the was accused of stealing were, shirts, neck date of her sentence. cloths, children's caps, and other articles, John Edwards, Thomas Short, and Mary from the washing greens at Pincairn, Stanly, Lamb, were called to the bar on a charge of Barnhill, and Bellwood.
theft, reset of theft, and house-breaking. The prisoner having pleaded not guilty, af Edwards was outlawed for non-appearance. ter a number of witnesses were examined, On the part of Short, who also did not apwho identified the articles libelled on, the jury pear, Mr Haggart pointed out an error in were inclosed, and on Monday returned a the summons, the prisoner being therein yerdict, finding the prisoner, by a plurality designed “ founder of Arbroath, now in of voices, guilty of the crimes libelled, with the the jail of Montrose," whereas thesummons erception of stealing certain articles from The is delivered to Alexander Spence, weaver. mas Gorrie and others. Mr Haggart (Coun- Lord Hermand said there was a defect in sel for the prisoner) objected to the verdict, the citation, from the officer's omission to on several grounds, which the Court repel shew that he had traced a connexion between led. The prisoner was then sentenced to Spence and Short, and that, on account of transportation for the term of seven years. this irregularity, no sentence could be pro
When the Court met on Monday, Peter nounced against Short, but his Lordship orGordon was brought to the bar, on a charge dered the diet to be continued against Mary of insulting, obstructing, assaulting, and Lamb. wounding George Murray and George Greig, Some appeals having been heard, the revenue officers at Arbroath, when seizing Lord Justice Clerk addressed the Sheriff's of some smuggled whisky, and of forcibly rescu Perth, Forfar, and Fife, and congratulated ing the scizure.
them on the tranquillity which, during the The facts charged in the indictment were late disturbances, had prevailed through clearly established, and the Counsel for the their scveral districts. He expressed his Crown having addressed the jury, was fols particular satisfaction with the intention of lowed by Mr Kay for the prisoner, who establishing a Lancasterian school in this chiefly insisted on the erroneous description district, as likely to improve the morals of of the place where the crime was commit. the lower classes, and thus assist in preventted, and fatal to the indictment. The jury ing the commission of crimes. He then adhaving retirer, returned a verdict of guilty verted to the incommodious state of the priart and part of the crim.'s libelled, but not son and court-house of Perth, and congratucommitted in the parish of Arbrouth.
lated the Sheriff's on the prospect of superior The Lord Justice Clerk commended the accommodation being speedily provided. verdict for its correctness, in leaving the This concluded the business of the circuit. Court to decide the question respecting the place. It was then referred to the High
SOUTH.LORD MEADOWBAYK. Court of Justiciary, which meets on the 25th of November, to determine whether
Ayr, October 1. the objection should be sustained, and till The Circuit Court of Justiciary was openthen the diet was continued against the prie ed here on Saturday the 26th uit. by the
Hon. Lord Meadowbank. Elizabeth IVilkie, daughter of James Wil William Grunt, labour at Troon, who kie, faxdresser in Dundee, was brought to stood charged with culpable homicide, was the bar on a charge of child-murder, and outlawed for not appearing. pleaded not guilty. The Advocate-Depute Two-appeals from the Sheriff were heard, gave up the charge of murder, but as the and the sentence in both instances affirmed. prisoner had concealed her pregnancy, and His Lordship, on dissmising the Jury, con
gratulated them on the absence of criminal between Livingston and Clark, the latter trials at this assize, and, in an energetic brandishing his stick in Livingston's face, address adverted to the exalted rank which who then struck Clark a blow with his Great Britain held in the scale of nations. stick ;repeated blows passed on both sides; Notwithstandir a war of twenty years and Mrs Livingston having come up to her continuance, the prosperity of this county husband's assistance, who was then lying on had increased by gradual progression. Com the ground, she struck Clark on the head merce and manfartezes, arts and sciences, with a sharp stone, which cut him severely. flourished here in an eminent degree, in The whole of the evidence adduced for the spite of the convulsions which shook the prosecutor, tended to shew that Livingston rest of the world. His Lordship also took a struck the first blow ; and the exculpatory view of the military character of this nation, evidence, that Clark provoked the quarrel, and the important consequences that had re and had previously prepared himself for the sulted, and were likely to result, from the attack. The examination of witnesses being victories achieved by sa Edward, and a finished, Mr Jeffery, as Counsel for the pra Henry, a Marlborough, and a Wellington. secutor, addressed the Jury with his usual abiSuch was the respect, the awe, the dread, lity and eloquence, as did Mr Wm. Erskine, with which the nations of the Continent re on the part of the pannels. Lord Meador. garded Great Britain, after witnessing the bank then charged the Jury, and best prowess of her warriors in former times, morning they returned an unanimous verdict that for ages afterwards they were deterred
of not guilty. from attemping to invade, or attack an isl. The pannels were dissinissed from the and, which they deemed impregnable, and bar, after receiving an admonition from his guch will be the feeling of Europe for ages Lords'hip as to their future conduct. Ne to come, in consequence of the superiority expences were given to either party. manifested, at this moment, by our countrymen on land as well as by sea. If with
Jedburgh, October 8. an inferior force, and in a foreign land, we The Circuit Court was opened here, on are capable of beating those troops that have Tuesday lest, by Lord Meadowbank, and the been arrogantly styled Invincible, what will only business of a criminal nature before the we not be able to perform on the shores of Court, was the trial of George Coultherd, our native and well-beloved island !
fourteen years of age, accused of theft, by
entering the house of Andrew Hilson, innDumfries, October 1.
kecper here, in the month of August last, The Circuit Court of Justiciary was opened and stealing three watches, some money, here this day, by the Right Hon. Lord
and other property, belonging to three sol. Meadowbank. The Advocate-depute in diers of the 1st regiment of Roxburgh local formed the Court, that there was no crimi. militia. The pannel having pleaded gsilty, nal business to come before his Lordship, at the Advocate Depute restricted the libel to this place, at the instance of the public pro
an arbitrary punishment. The Jury resecutor. The only case, therefore, for trial
turned a verdict of guilty; and yesterday was, an indictment at the instance of David judgement was pronounced, transporting Clark of Slogary and Tormollan, with con the pannel for seven years. currence of his Majesty's Advocate, against James Livingston of Grobdale, at Mary Mitchell, his spouse, charging them with an WEST. LORD ARMADALE AND LORD assault and battery. It appeared in evidence, that these parties had become proprietors of the lands of Grobcale and Tor.
Inderary, September 28. mollan, lying contiguous to each other.- The Circuit Court of Justiciary was openThat some parts of their boundaries were ed here on Saturday last, by the Right Honot distinctly defined in their title-deeds, nourable Lord Armadale. Robert Jamison, and in consequence thereof disputes had accused of theft, having failed to appear, arisen, and were in discussion before the ci- sentence of fugitation was pronounced against vil Court. That on Sunday the 12th of him; and there being no other business at April last, Livingston, his wife, and a man this place, the Court proceeds to Stirling. servant, wentout to look at their sheep flock, and while driving a goat off the lands of
Stirling, October 3. Tormollan, David Clark, the prosecutor, The circuit Court of Justiciary was opencame up to them, and ordered them to go ed here yesterday, by the Right Hon. Lord home from off his lands, and if they did not Armadale, and there being no business at do so he would cause his dogs tear out their this place, the Court will proceed to Glasgow pruddings. Some altercation then took place on Monday.
Glasgow, October 6
duty on his lands, tenements, &c. in Storey -The Circuit Court of Justiciary opened Street of Paisley. here this day, by Lords Armadale and Gil After the evidence had been gone thro', lies.
Mr Boswell addressed the jury on the part John Pettigrew and John Gilchrist were of the Crown, and Mr Jardine made an inindicted for an assault on James Wilson, genious defence for the pannel. Lord Arsurgeon in Carluke. The former not ap. madale having summed up the evidence, pearing was outlawed, and the Court pro- the Jury were directed to return their verceeded with the trial of John Gilchrist. dict next morning. Their verdict found the
Mr James Wilson, while returning from prisoner Guilty, by a plurality of voices, but a professional visit on the night of the 21st unanimously recommended him to mercy. July, between eleven and twelve o'clock, The Court, in consideration of the Jury's saw a man lying on the street, and John recommendation, sentenced the prisoner to Pettigrew standing near him. Witness ask the mitigated punishment of one year's imed Pettigrew what was the matter with the prisonment in Paisley jail. man on the ground, and was told he had taken too much drink. Witness remarked
Wednesday, October 7. it was a pity to see him in such a state,
Elizabeth Collins was indicted for the murwhereupon Pettigrew, after observing that, der of her own child, in the room No. 19. although witness was an elder, he had no in the Tontine Inn, Greenock. The Depute right to insult his companion, seized witness Advocate passed from the charge of childby the collar, and struck him on the head. murder, and proceeded with that of concealIn the struggle both came to the ground. ing pregnancy, to which the pannel pleaded Witness in his turn seized his antagonist by guilty. The jury accordingly found a ver, the throat. Gilchrist now got upon his legs,
dict to that effect, and she was sentenced to and struck witness on the head, while he 3 months confinement in Greenock prison.. was holding Pettigrew, and he was again
James Stewart and William MoArthur knocked down. Both Gilchrist and Petti. were accused of breaking into the vestry of grew continued kicking and striking witness the English Chapel, on the night of Monday till they were tired. While witness was ris the 4th, and of Wednesday the 6th of May, ing, Pettigrew forced one of witness's fingers and feloniously carrying off one minister's into his mouth, and bit him until witness, gown, silk, one minister's cassock, ditto, by pinching his cheek, forced him to open two minister's gowns, bombazeen, three lihis mouth. Witness, in attempting to get nen surplices, one black silk scarf, one tableback to the house he had left, was knocked cloth, five towels, one great coat. down by Pettigrew, who struck him till he Elizabeth Menzies, otherwise Stewart, was was insensible. While in this state he was accused of resetting these articles, knowing carried into the house of Mrs Elder, and them to be stolen. from thence in a cart to his mother's. He The pannels pleaded not guilty. was three days before he could stir a limb, After a number of witnesses had been exwas confined eight or ten days, and unable amined for the prosecution, (the great length to do any thing for a fortnight. He gave of whose evidence prevents us from detailPettigrew or the pannel no provocation ex ing it,) and after Mr Boswell had spoken for cept expressing his regret at seeing Gilchrist the Crown, the diet was deserted simpliciter drunk. It was clear moon-light. Witness against Elizabeth Menzies. cried out murder as loud and as long as pos. Mr Walker spoke for the other pannels. sible, after he was attacked by the pannel.
Lord Gillies delivered an admirable charge Several other witnesses were examined, to the jury, who returned a verdict, unaniafter which Mr Boswell addressed the Jury mously finding James Stewart and William for the Crown, and Mr Walker for the pri- M'Artbur guilty of the crimes libelled, and soner. In his able charge, Lord Armadale they were both sentenced to be hanged in recommended the jury to return a verdict Glasgow, on Wednesday the 18th of Nofinding the pannel guilty.
vember, The jury, by a plurality of voices, return M'Arthur asserted his innocence, after ed a verdict against the pannel, and he was the sentence, and called God to witness that sentenced to be imprisoned three months in
he told the truth. Lanark jail.
Peter Drummond, sometime tailor in Car. Alexander Falconer, master - mason in riage Hill, in Renfrewshire, was charged Paisley, was accused of vitiating and alter with house-breaking and theft. He pleading a property tax receipt, for the year end ed not guilty. ing 5th April 1807, so as to make it serve An objection to the relevancy was stated for 1808, and for producing the said vitiated by his Counsel, and repelled by the Court ; receipt, to elude payment of 61. 48. being the after which, a very long proof was led on October 1812.
the part of the Crown. The Jury were the public road. Affirmed, without hearing then very ably addressed by Mr Boswell on the respondent's counsel, with L. 200 costs. the part of the Crown, and by Mr Camp 6. Masterton v. Meiklejohn.-Withdrawn bell for the pannel, in a most eloquent and by consent of parties. ingenious speech; after which, the eri. 7. Rankin v. Goodlet Campbell. Affirmdence was summed up by Lord Armadale. cd. 'The Jury were enclosed, and, in about an 8. Earl of Elgin, heritor of the parish of hour and a half, returned their verdict, find. Dunfermline, v. the Rev. Mr M.Lean, mi. ing, by a plurality of voices, the pannel nister of that parish. Affirmed. Guilty, but unanimousiy recommending him 9. MacNair, (Greenock,) t. Fleming to mercy:
Affirmed, without prejudice to any questica Friday, Otober 9.
that the appellant inay be advised to reix,
respecting the effect of any act of the res Peter Drummond was brought to the bor pendent, upon any securities against any to receive judgment. Beth Judges deliver
other person or persons. ed their opinions upon the case ; and before
10. Fhining i. MacNair-(Cross Ap pronouncing sentence', Lord Armadaie ad.
peal.)-Atirmed. dressed the pannel in a very iinpressive
11. Fraser 7% Spoiding-Afirmed, bt manner. His Lordship then read the sen
without prejudice to any application that tence of the Court, orduining the panncl to
the appcilant may be advised to cale to he executed here on Wednesday the 18th
the Court of Session respecting certain November next.
questions. This finished the business of the Western
12. Boswell v. Morrison Affirmed. Circuit, there being no appee's to bring be
13. Ramsay r'. DundasWithdrawn. fore their Lordships.
14. Stewart 7. Fergusson.-Withdrawn.
3 The following are the appeals determined hy the House of Lords last session of Par.
Total 14 liament, with their determinations general
During the last 29 sessions of Parliament, ly:
317 appeals from the Court of Session have 1. Roxburghe Cause-Ladies Mary and been heard before the House of Lords, only Essex Kerr, sisters and co-heiresses of the 39 of which have been totally reversed. late Duke of Roxburghe, v. Wauchope and A great rumber remain for determinaother trustees of the late Duke of Rox- tion ; but, it is supposed, measures will be burghe-the question was, Whether the taken, next session of Parliament, for expeDuke was in a proper state of mental hcalti diting the hearing of these and other appeals, at the time of framing his will. The Court by the appointment of a rew Judge, a Viceof Session unanimously found that he was. Chancellor, to determine causes in the Cout - Afhrmed.
of Chencery, which will give tbc Lord Chan2. Roxburghe Carisc-Wauchope and o cellor more time to attend the House of thers, tras tees of the late Duke of lioxburghe, Lasdr. v. Ladies Mary and Essex Kerr, referring to There are considerably upwards of 200 a question of trust disposition. Afirmed. Scctcb, Irish, and English appeais-appeals
3. Roxburghe Cause--Ladies Mary and from the Court of Chancery-writs of error, Essex Kerr v. Sir James Innes Norcliff', Bart. &c. now depending -This question arose upon a claim of lady Mary Kerr to be heir of entail to the Rox
FIRE AT DALKEITH. burghe estates, which was decided against On Saturday the 3d October, about four her Ladyship. Affirined.
P. M. a most destructive fire broke out in 4. Roxburghe Cause--Important question a hay-loft in the scuth-west quarter of Dalrespecting the feus. Remitted to the Court keit!', which, owing to the high wind, scon of Session to revise their decision, and to communicated to some others, and we are state the specific grounds on which their de sorry to say, that seren tenements, includ. cision rested.
ing stables, a bake-house, &c. were com. 5. Cadell v. Blacks.-- The children of Mr pletely consumed. These premises were Black, a fumer, had been awarded 2.800 occupied by Messrs Moffat and Charles, inndamages, besides cxpences, on account of keepers, a haker, and other tenants, some their father being killed by falling into a ot' whom have lost all their furniture. Tyro coal-pit belonging to Mr Cadell, which was engines were soon on the spot, one belong left open and unfenced, within four feet of ing to the Duke of Buccleuch, and the other
to the Town ; but, from the scarcity of wa- ty's Fleet; Sir Joseph Sidney Yorke, Knight, ter and the very heavy gale of sind, it was Rear-Admiral of the White Squadron of his difficult to approach the fames, which pre- Hlajesty's Fleet ; the Right Hon. William vented the fire from being goi under. 'The Dundas; George Jobnstone Hope, Esq. Rear. houses were mostly thatched, which was the Admiral of the White Squadron of his Niacause of so inany buildings bring enveloped jesty's Fleet; Sir George Warrender, Bart. ; ān the sames Every exertion was made to and John Osboril, E34. to be his Majesty's extinguish the fire, by the iahabitants, and Commissioners for executing the office of also by the soldiers of the Aberdeenshire mi- High Admiral of the United Kingdom of litia, qauterud iu Dalkeith. "The Duke of Great Britain and Ireland, and the domi. Buccleuch was on the spot, and animated the nions, islands, and territories thereunto bepeople by contributing his individual exar- lunging. tious to suppress the flames.
We are happy
Same day, the Right Hon. Richard to adá that no acciilvut of any consequence Fari of Clancerty, and in his Lordship's abbened. Only part of the property in in- sence, the light Hon. Frederick John Riosured; th: 1:33 vill, therefore, be consider- bizon, Presidcut of the Committee of Counable on individdaali, and particularly hard on cil appointed for the consideration of all som: poor families, who have lost thoir fur- matters relating to trade and foreign plantaniture,
tions. The Directors of the Swiety in Scotland Oct. 3.–This day the Prince Regent apfor Propagating Christian Knowledge, hav- pointed the Right Ilon. Robert Banks Earl ing taken into con il nation the inteligence of Liverpcol, the Right lion. Nicholas VanJately received from India, respecting the sittiirt, tle Right Hon. William Fitzgeraid, groni loss sustained by the Baptiat Mission- Chancellor of the Exchequer of Ireland, the ary Socieiy, in consequence of the fire in the Hon. Berkeley Paget, the Right Hon. Freprinting-office of their mission at Serampore, derick John Robinson, and James Brogden, on the 11th March last, have been pleased Esq. to be Commissioners for executing the to grant from their funds, destined for the office of Treasurer of his Majesty's Exchc. s!pport of forcign missions, the sum of £.200, quer. to be applied exclusively for furthering the Ost. 6. Lieut.-General the Honourable translation of the sacred Scriptures into the Edmund Phipps, the oflice of Clerk of the different languages of the East, carried on Deliveries of the Ordnance of the United under the direction of the Baptist Mission Kingdum. at Serampore.
Ost. 10.-The Prince Regent appointed The election of a Member of Parliament for Major-General Isanc Brock to lie an Extra the city of Edinburgh in the new Parliament, Knight of the Most Honourable Military caine on the 9th of October, when the Right Order of the Bath. Hon. William Dundas was unaniinously The Prince Regent appointed Snowchosca. After the cloction, the new Mem- don Barne, E:9. one of the Commissioners ber made an elegant specch, returning of Customs in England. thanks for the honour conterred upon him. The Rev. Alexander M*Arthur has been In the evening he gave an excellent enter. ordained minister of Row, his Grace the taiment to the Town Council, and a num- Duke of Argyli, the patron, having presenta ber of the principiul inhabitants, in George ed him to that parish. Street Assambiy Rocms.
ELICTION OF MAGISTRATES.
On Tuesday, the 6th October, the election Downing Street, Sept. 21.- The Prince
of Magistrates for Edinburgh took place, and
next day the Council was filled up, when the Regent this day appointed Sir Ralph Woodford, Bart. to do Governor of the island of
government of the city was voted in the fol. Trinidad.
lowing gentlemen, viz. Whitehall, Sept. 26.—This day thic Prince Right Hon. WILLIAM CREECH, Lord ProRegent appointed Charles Sluurt, Esq. liis
vost, re-elected. Majesty's Envoy Extraordinary and Minister Peter Hill, Esq. Plenipotentiary in Portugal, to be an Extra Niel Pyrie, Esq.
Alexr. Ilenderson, Esq. Sept. 29.—This day the l'rince Regent Kincaid M.Kenzie, Esq. Dean of Guild, appointed the Right Hon. Robert Viscount re-elected. Melville; William Domett, Esq. Vice- \d- George White, Esq. Treasurer, re-elected. miral of the White Squadron of bis Majes- John Varjoribank, 24 ou Lrovost. :