friendly to Reform, was held at Free-mason's Tavern, London, on the 17th current. Their object, they professed, was to direct the public mind to a just medium between the extremes of a too scanty and a too sweeping Reform. Mr Waithman, who deliver ed his sentiments at length, declared himself in favour of triennial Parliaments. Mr Curran, late Master of the Rolls in Ireland, in a speech of considerable length, expressed his approbation of the principles laid down by Mr Waithman. This plan of reform coincides with the views of the Lon don Common Council who held another meeting, and passed resolutions to this effect, on Thursday the 23d.

A Meeting of Delegates from several towns, petitioning for Parliamentary Reform, was held on the 22d at the Crown and Anchor Tavern. There were about forty persons present, and the business was conducted with regularity. The leading principles of Reform in the House of Commons were discussed, and the Meeting finally

resolved, that every man having attained the age of 21, and having a fixed residence for three months, should exercise the elective franchise-that Parliament should be chosen annually-that the counties be divided into electoral districts, in proportion to the population, each district choosing one Representative-that all elections be made by ballot, and that property be no longer a qualification for Members. These Resolutions are to be transmitted to Sir F. Burdett, with a request that he emdboy them in a Bill for Parliamentary Reform, to be brought in during the present Session.


On Saturday night, the 20th current, a tremendous gale was experienced at Plymouth, by which several vessels were driven on shore, some of which are entirely lost, viz. His Majesty's schooner Telegraph under the Hoes, two of her crew reported to be lost. Sloop of war Jasper on the reef of Mount Batton, 80 men, women and children drowned; two marines saved. The Captain and carpenter were on shore. The Princes Mary packet in Deadman's Bay; the master, his wife, two children, and two marines drowned. Several small craft, lighters, &c. have sunk in the harbour; and the greater part of the shipping have received more or less damage; boats were seen floating in the streets.

In Newlynn pier, the damage done to the fishing boats only, is more than £.2000. Unfortunately it was at the top of the spring tide, which was very high, and swept every

thing before it. A vessel, supposed from

France, went ashore to the eastward of Lyme, and all the crew perished; another was wrecked to the westward, together with 17 fishing boats at the village of Bere. The spray beat over the church spire of Lyme at seven o'clock in the morning of the 19th: at eight, the walls, breakwater, and about 200 feet of the centre part of the harbour gave way, and the stones cutting the cables of the ships, seven of them, besides several fishing boats, were driven on shore. The damage is estimated at £.30,000. Brighton, Jan. 12. Loss of the Misletoe Sloop.—It is with poignant feelings of regret, that we learn

the fact has been ascertained of the loss of

this vessel by our fishermen. It appears, from their testimony, that the Mi-letoe must have sunk in the late heavy gales, whilst she was lying at anchor about nine miles off Rottingdean, near this town. The Misletoe had been cruizing off this coast a

gainst smugglers, and she had a comple ment of 40 picked men, commanded by Captain Blake. Every person on board perished; and what is more remarkable, none of the bodies have been washed ashore; this is accounted for from the prevalence of the castern gales. She sunk in nine fathoms water. The masts are discernable at low water.


The measure of reform is also stirring in Ireland, and meetings have been recently held on the subject at Dublin and at Cork But in addition to the ordinary topics, the question of a repeal of the Union was in troduced at a meeting of the Common Coun cil of Dublin, on the 22d instant, and vo ted by a majority of twenty.

The petition adopted at a late Cathol Aggregate Meeting in Dublin is the sam which was drawn up and presented in 1812 and signed by the Lords and Gentlemen se ceders. The following clause of domesti nomination is the only addition :—

"In thus addressing the Legislature, w are naturally desirous to conciliate all op nions, and to obviate all objections; and w entertain a conscientious conviction, that al impartial opinions will be conciliated, and all rational objections to our emancipation be defeated, by the measure of domesti nomination of our Bishops—a measure which our prelates have declared their rea diness to concur, and which, if introduce by the proper authority in our church would meet with the most cordial approba tion of the Catholic people of Ireland."


Scottish Chronicle.

HIGH COURT OF JUSTICIARY. Monday, Dec. 16. 1816. WILLIAM HIGHET, from Ayr, and David Kennedy, collier, at Knockshogle, were accused of stealing, in the month of August last, two sheep of the South Down breed, the property of Richard Alexander Oswald, Esq. of Auchincrvive. Kennedy not appearing was outlawed. The trial proceeded against Highet, when several witnesses were examined, whose evidence, with the declarations of the prisoner, gave a complete dtail of the perpetration of the crime. An bjection was stated by the prisoner's counsel, to the second declaration, as having been elicited by a prospect of mercy being held out; this objection was not sustained by the Court.

Mr Solicitor-General addressed the jury in an able manner for the Crown, as did Mr Cockburn, for the prisoner.

Lord Hermand, the presiding Judge, then summed up the evidence, in a very impartial manner, and the jury having refired for a short time, returned to Court, and gave a viva voce verdict, unanimously finding the prisoner Guilty, but recommended him to mercy.-The Court sentenced the prisoner to be transported beyond seas for ourteen years. Monday, Jan. 6. 1817. The Court met at ten o'clock, when Wilam Young, John Connachar, and John Hadden, all sailors in Leith, accused of reaking into a loft in Mitchell Street, of

th, and stealing a quantity of small basd; and also of picking pockets on the

of Leith, were outlawed for not appear

The Court then proceeded to the trial of Serge Brock, carrier betwixt Edinburgh nd East Linton, for the crime of stealing parcel containing thread lace, and other ds, to the value of £.83, from the house George Hay, stabler, at the South Back the Canongate, or of resetting the said is, knowing them to have been stolen. e pannel pleaded not guilty to both char, and said he found the parcel below the of the South Bridge, Cowgate, Edinsigh

Mr Grant, as Counsel for the prisoner, ected to the prosecutor being entitled to ve any article but the thread lace men

tioned in the libel, in so far as it charged the prisoner with stealing "a quantity of thread lace and other goods, agreeably to an inventory or invoice, thereof, herein after

mentioned"-and Mr Hume, in his treatise on criminal law, laid down that no proof could be led upon the words "other goods." The inventory and invoice mentioned in the libel ought also to have formed part of the record; and a copy ought to have been served upon the prisoner along with the indictment.

The Solicitor General replied for the Crown; and the Court having considered the objection, their Lordships gave their opinions at length, in which they all held, that every prisoner is entitled to have served upon him a particular list of articles charged against him as stolen, and that he is not bound to go to the Clerk of Court to see what is charged against him. The objection was accordingly sustained, and the public prosecutor restrained from proving any thing but the stealing and resetting the thread lace mentioned in the 'indictment.

[merged small][merged small][merged small][merged small][merged small][ocr errors]
[blocks in formation]

Tuesday, January 7.

This day the Court proceeded to the trial of George Stanfield, innkeeper at Beltonford, in the parish of Dunbar, charged with rape, or assaulting, with intent to commit a rape, Frances or Fanny Carrick alias Black, (widow of John Black, late serjeant in the 3d battalion 1st regiment, of foot,) servant of Lieutenant John Lapslie, residing at Tynefield, in the parish of Dunbar and county of Haddington, upon the evening of the 13th day of June last, on the highway leading from Haddington to Dunbar, by drawing her into a plantation on the south side of the highway.

To this indictment the pannel pleaded not guilty, but the Court having been cleared, as is usual in cases of this nature, we are unable to give a detail of the evidence. The trial lasted until a late hour, and in summing up the evidence, we understand the Lord Justice Clerk seemed to be of opinion, that the charge of rape had not been fully made out, according to the most celebrated writers upon the criminal law of Scotland, but that a brutal and aggravated

assault to commit a rape had taken place, there was not a shadow of doubt. The Jury were then inclosed.

Wednesday, Jan. 8.

This morning the Jury, in the case of Stanfield, returned a verdict, finding him, by a plurality of voices, guilty of rape, but the Chancellor of the Jury stated, that by a great majority of votes, they recommended. him to mercy.

The Lord Justice Clerk said, that had the Bench voted in the Jury, they certainly would have voted with the minority, in so far as it appeared to them more a case of assault with an intent to commit a rape. It was however the verdict of the Jury, which the Court had no reason to doubt was pronounced according to their views of the evidence, and according to their consci ences, and as such the Court was bound to receive it.

His Lordship then, after a suitable admonition to the pannel, in the course of which he exhorted him to prepare for death, not. Jury, which could only meet with attention withstanding the recommendation of the from the proper fountain of mercy, sentenced him to be executed at the common

place of execution, on Wednesday the 12th day of February next. The prisoner, be fore leaving the bar, earnestly implored the mercy of the Court, and the Lord Justice Clerk again told him his case would be laid before the Prince Regent, from whom alone mercy could come.

The Court then proceeded to the trial of Larg, Mitchell, and Steel, for robbery, &c -Steel was outlawed for non-appearance, and, on the motion of the Counsel for the other two, their trial was postponed till Monday se'ennight.

Thursday, Jan. 9.

John Bell and Thomas Douglas were pu to the bar, and an indictment read agaips them, charging them with forging, utter ing, and vending notes of the Thistle Bank of Glasgow.

In the case of Douglas, the Lord Advo cate deserted the diet pro loco et tempore and recommitted him on a new warrant and Bell having put in the plea of guilty the Lord Justice Clerk stated it to be th duty of the Court in every case which cam before them, notwithstanding the admission of guilt by the prisoner, to ascertain the re levancy of every libel, which his Lordshi said was not the case in this instance.

The Lord Advocate then expressed a wis to be heard by the Court on that point, t which the Court unanimously objected, an ordered informations to be given in on th relevancy within 14 days.


Friday, January 10.

The Court proceeded to the trial of John Campbell, calico printer in Renton, in the parish of Cardross, and county of Dumbarton; John M⭑Leish, changekeeper in Bonbill; Alexander Kennedy, calico printer at Charleston; John Cameron, residing at Dambead of Balloch, and John Campbell, residing at Portnellan, all in the county foresaid, charged with assaulting, beating, and bruising Mark Scott, farmer at Ruchatmoss, in the parish of Bonhill, Dumbartonshire, on the 14th and 16th days of August last.

John Campbell in Renton, John M‘Leish, and Alexander Kennedy, appeared at the bar, and pleaded not guilty. The libel as to John Cameron was departed from; and John Campbell, at Portnellan, was outlawed for not appearing. A jury was then chosen, and the trial proceeded.

It appeared from the evidence of Mark Scott, senior, Mark Scott, jaior, Jean and Agnes Scott, his daughters, and Mrs M'Auslane, that the pannels John Campbell and John M'Leish, on the 14th of August, came to Scott's house, and wished to speak to the elder Mark Scott, when an angry altercation took place, the pannels accusing Scott of informing against M'Leish, for being concerned in illegal distillation; Scott denied this flatly. M'Leish struck him a violent blow on the left breast, which hurt him ranch; but his son, daughter, and Mrs M'Auslane, drew him into the house, and stones were thrown at him, one of which nearly struck him: Campbell was seen with stones in his hands. The same day he went to Dumbarton fair on horseback, but was so ill, that he returned in the evening on foot, in company with two neighbours, being unable to sit on horseback. There were several others in company with the pannels, but none of them were active. That on the 16th of same month, in the morning, a noise was heard in the stable, where Mark Scott, jun. was attacked by Kennedy and Campbell. His father ran to his assistance, and was attacked by Kennedy with a hoe, who said "You I will do for you.' Campbell threw stones at him, one of which wounded him in the leg. That Campbell terwards threw the elder Scott down, when he was severely cut and bruised, and his clothes torn from his body, except his breeches. That he was nearly three months confined, and it was two months before he was better, and he said he could not see well with his left eye at present.


It likewise appeared, that, on the second ault, Mark Scott, jun. was attacked in the stable by Campbell, with an oak stick, ad, to save himself, he seized him by the January 1817.


[ocr errors]

middle, when Kennedy tripped up his heels, and he fell with Campbell above him. It was some time before he recovered, when he saw Campbell attack his father, and got a fork from the barn to assist him, which was taken from him, and he afterwards fled to a neighbour's house at a distance. He lost some blood on this occasion. Both father and son denied being concerned in illicit distillation, but the son admitted he, as a carter, had driven malt to these distilleries.

Two witnesses were examined in exculpation, whose testimony did not prove much in favour of the pannels.

The Lord Advocate, in a short speech, addressed the jury for the crown, as did Mr Jardine for the pannels. The whole was summed up by the Lord Justice Clerk, in his usual impartial manner. The jury were then enclosed, and in a short time returned a verdict, unanimously finding John Campbell and John M'Leish guilty of both assaults, and Alexander Kennedy guilty of the second assault; but that it did not appear that Mark Scott's life was endangered by either of these assaults. Sentence delayed.

Saturday, January 11.

Came on before the Court the trial of John Campbell, who was tried on Friday, Hugh Macfarlane, and Thomas Crichton, from Dumbartonshire, accused of an assault. The diet was deserted against Crichton, and he was committed on a new warrant.

It appeared from the evidence adduced, that on the evening of the 18th of April, a party of eleven revenue officers, and six soldiers, left Port-Glasgow for Dumbartonshire, in search of illegal distilleries. That early on the morning of the 19th, they fell in with one about four miles from Dumbarton, to which place they carried the spirits in the morning, and lodged them there. That about one o'clock, when they were going from that place, they were attacked neat Dalreoch toll-house, by a number of people, and William M'Bryde, James Gardner, and James Gentle, three of the revenue officers, were severely beat and bruised, and received several wounds.-That the pannels, Campbell and Macfarlane, were present, and did assist in this assault. That the same day, the pannels and others attacked James Drummond, and James King, also belonging to the revenue service, at the house of William Menzies, ferryman at Cardross Ferry, and did beat, bruise, and wound them severely-the pannels, it was clearly proved, were present.

Two witnesses were examined in exculpation, who said the revenue officers were partly drunk, and that one of them had insulted the people of Dumbarton.


The Solicitor-General for the crown, and Mr Jardine, for the pannels, severally ad dressed the jury. The Lord Justice Clerk summed up the whole in a concise speech. The jury returned a viva voce verdict, unanimously finding the pannels guilty of both assaults; but that they were not such as to endanger the lives of any of the sufferers. Monday, January 13. Alexander Fraser was put to the bar, and an indictment read against him, charging him with five different acts of falsehood, fraud, and wilful imposition, by going into different cloth-merchants' shops, in the city of Edinburgh, when the proprietors were absent, and producing a pattern of cloth, and pretending that he came from some neighbouring cloth-merchant, did cozen and impose upon the shopmen and apprentices, and carry off quantities of cloth.

The pannel pleaded guilty to the first, fourth, and fifth charges in the indictment, viz. Of having gone into the shop of Messrs Campbell and Yule, and obtained from them, in the name of Charles Maclean and Co. merchants, St Andrew's-street, a piece of pelisse cloth; of obtaining from the shop of Mr John Turnbull, merchant, in name of Messrs M'Kinlay and Co. some yards of su perfine cloth; and of obtaining from Mr Sharp Callender, merchant, in name of Messrs Alexander Allan and Co. some yards of brown cloth, all of which he applied for his own use; and having adhered to his confession in presence of the jury, they found him guilly accordingly, in terms of his judicial confession.

Mr Brodie, as counsel for the prisoner, addressed the court shortly, in mitigation of punishment, and read certificates of his character from his late inaster, and stated, that he was driven to commit the acts entirely from necessity.

The court having shortly consulted among themselves, and their lordships having delivered their opinions, the Lord Justice Clerk, after a suitable admonition to the prisoner, a young man about twenty years of age, sentenced him to transportation beyond seas for the space of seven years.

John Campbell, John M'Leish, Alexander Kennedy, and Hugh M'Farlane, who were tried on Friday and Saturday, were then brought to the bar.

Mr Sandford shortly addressed the bench, in mitigation of punishment, in respect that two of the prisoners were men who had families, and one of them was afflicted with an asthmatic complaint.

The Judges having made several observations as to the relative degree of guilt of the individual prisoners, and the sentence to be inflicted upon them. the Lord Justice

Clerk, after a very animated and impressive address, sentenced Campbell, who had been convicted of four different acts of assault, to be transported beyond seas for seven years; M'Leish and Macfarlane, who had been convicted of two acts of assault, to be imprisoned in Dumbarton jail for twelve months, and at the expiry of that time to find bail each of them to the extent of £.40 sterling for their good behaviour for three years; and Kennedy, who had been guilty of one act of assault, to be confined nine months in the same jail, and to find similar caution.


On Monday the 16th Dec. the Grand Duke Nicholas of Russia, brother of the Emperor Alexander, arrived at the Royal Hotel, Prince's-street, with his suite, consisting of Baron Nicholay, Sir W. Congreve, Generals Kutusoff, and Saurasoff, Dr Crichton, Monsieurs Klinker, Marsell, and Parosky; when a grenadier guard of honour of the 92d Highlanders was immediately mounted in front of the hotel. On Tuesday morning, the Lord Provost, accompanied by the Lord Advocate, Admiral Hope, and General Hope, Commander of the Forces, waited upon his Imperial Highness, to congratulate him on his arrival, and the Lord Advocate entertained the Prince and suite, and a select company, with a dinner and ball in the evening, at his house in Queen Street. Wednesday the Grand Duke was occupied in visiting the Courts, Public Libraries, College, Register Office, Holyroodhouse, and other objects of curiosity in the city.

While in the Parliament Square, the Grand Duke visited the apartments of Mr William Allan, and conversed for a considerable time in French and Russ with that artist. He inspected every painting minutely, and expressed his surprise and plea. sure at the correctness with which the cos. tume of the various tribes of Circassians, Cossacks, &c. were preserved and exhibited. Having examined Mr Allan's collection of the arins and costumes of the different nations inhabiting the Russian empire, he complimented the artist on the laborious diligence displayed in collecting such a mass of useful materials for delineating correctly the manners, customs, and appearance of his countrymen. On Allan's producing the sketches from which his pictures were composed, Prince Nicholas displayed no small degree of taste and discrimination in the selection of a few. He expressed his wish that if ever Allan re-visited Russia, he would wait upon him.


« VorigeDoorgaan »