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The following are the number of families the two midshipmen in their search, they left by these unfortunate men, viz.com were not found. At the Isle of Scio, six or
John Ogden, wife and 2 children ; No eight of these inen went on shore by per. than Hoyle, wife and 7 children ; Joseph mission, for several days; but the next day Crowther, wife pregnant, and 4 children; a signal being made for sailing, which they John Hill, wife and two children ; John not promptly obeying, were left behind. Walker, wife and 5 children; Jonathan At the intercession of his Majesty's Consul, Dean, wife and 1 children ; Thomas Brook, who followed him out to sea, he took four wife and 3 children; John Swallow, wife of them back, but gave the others their and 6 children ; John Batley, wife and I clothes and paid them their wages. Two child; John Fisher, wife and 3 children ; of these died at Athens, and two others Job Hay, wife and 7 children ; William reached this country. At Constantinople Hartley, (wife died half a year ago) 8 child- he wrote an acknowledgment of this affair ren; James Hey, wife and 2 children ; to Captain Sprainger, saying, that his forJames Haigh, wife, but no children. tune would enable him to pay any fine.
The Jury returned a verdict of Guilty, and TRIAL OF THE MARQUIS OF SLIGO FOR the Court sentenced him to pay a fine of
SEDUCING SEAMEN FROM THE NAVY. £.5000 to the King, and be imprisoned four
On the 17th December this case came on months in Newgate. The Marquis denied for trial at the Admiralty Sessions. It ap- by an affidavit that he knew the seamen bem peared that in 1810, his Lordship being longing to the Warrior, were on board the just come of age, visited Malta, where, Pylades, until after he sailed from Malta, through a letter of introduction from Ad. He is a grandson of the late Lord Howe. miral Martin, he became intimate with Capt. Sprainger, of the Warrior. , He pro
TRIAL FOR CRIM. CON-DUNDAS, 6. fessed a desire to visit the Greek Islands in a vessel which he purchased, called the Py
This case came on in the Court of King's lades, and which his friend, Capt. Sprain. Bench, on the 8th of December last. The ger, assisted him in fitting up. He was oc Plaintiff was Robert Dundas, Esq. and the casionally rowed to and from the vessel in Defendant was a Nobleman, the representathe Warrior's gig, and took notice of the tive of an ancient and respectable family, pose men who were employed in it. A few days sessing, as was stated by the plaintiff's before his departure these men were mis counsel, a fortune of not less than £.100,000, sing, which surprised Capt. Sprainger, as and who, by deep intrigue, had succeeded they were old seamen, and had a long ar in alienating from the Plaintiff the affections rear of wages due to them. It appeared by of a beautiful and accomplished wife, who, the evidence that they were made drunk by till seduced by his arts, had been deemed his Lordsleip's servants, and in that state
a pattern for other wives in her rank of carried on board the Pylades, when their life. The Plaintiff it appeared possessed desertion was made known to the Marquis, property in Sweden, of which country he wbe ordered them to change their names, was a nobleman, and on paying an annual yet when Capt. Sprainger visited the Mar.
visit to that country in June last, he left quis and hinted his suspicions, the latter his wife at Wickham, under the protec upon his word and honour, denied the
tion of her sister, Lady Douglas, wife of truth, and declared that he would not take Sir Howard Douglas ; but on returning into engage any such persons. Capt. Sprain this country in September, he found her liger, relying upon this assertion, did not
ving at an hotel in London, with Lord Sema search the ship, but sent a description of pin, where they passed as husband and wife ; the men to the Marquis, stating that the and it was proved by Mrs Sarah Walker, of British navy was then two thousand men
Cumberland Street, London, that from the under its complement, and that he would 21st of September, the day of the Plaintiff's be doing injury to the service by engaging arrival in London from Sweden, to the preof them. There were 14 men descrters
sent moment, they had lived in her house from ships of war on board the Pylades, the and had constantly slept in the same bed. remainder of the crew (50 men) being Ita
The Jury, after a few moments consultation, hans. At Messina, the Marquis obtaincd a found for the Plaintiff, damages £.4000. protection from the Admiral for all his crew, upon pledging his word that they were not deserters. Subsequently he was
EXTRAORDINARY TRIAL. overhauled by a boat sent from the Active Thomas Shelton was tried at the Middlefrigate, when he reiterated this pledge, but sex Sessions, on the 14th of September last, concealed the British seamen in the hold for assaulting and beating William Crocker, under his cabin, so that though he lighted an officer of the police, in the execution of
his duty. Crocker stated, that at 'a late land forces, from Great Britain to Ireland, hour of the night-mentioned in the indict- and vice versa, upon the removal of regiment-as he was going his rounds, in com- ments from one establishment to the other; pany with another patrole, he perceived a and directing that, in future, every widow man hanging from a lamp-iron, near Cam- shall receive payment of her pension in the den Town. Just as he approached, the country in which she resides. rope gave way, and the prisoner fell to the You will, however, be pleased to observe, ground. The witness instantly seized him, that, in the first instance, every widow is to upon which he assailed the prosecutor with be placed upon the pension list of the estafury, struck him, and knocked him down, blishment to which the regiment in which and but for the intervention of the other her husband was serving, at the time of his patrole, he must have been in imminent death, shall belong. danger. He was secured, and it then ap- I have the honour to be, Sir, peared that he had consented voluntarily to Your most obedient humble servant, be hanged, under the following circumstan
PALMERSTOX. ces:Another man and he had been gam- Colonel of the regiment of bling, first for their money, and at length for their clothes ; and the defendant having lost both money and clothes, then staked
IRELAND. his life, and agreed, that if he should lose that, his opponent should have the pleasure
COURT OF COMMON PLEAS.--DUBLIN. of hanging him. He lost, and accordingly H. E. Taaffe, Esq. v. the Right Honourable submitted to be hanged ; and his adversary, W. Downes, Chief Justice, &c. having tied him up to a lamp-post, left him It will be recollected, that the prosecutor to bis fate; but the noose not having been in this care, who is a rich Catholic banker fixed in a secure manner, it gave way, as in Dublin, was, along with several other above stated. The case being proved by gentlemen, arrested under the warrant of other witnesses, the defendant was called Chief Justice Downes, charged with having upon for his defence. He was a tall, well
acted as delegates to the Catholic Committee, looking young man, a labourer, and he ac
in defiance of the proclamation of the Lord knowledged the material parts of the facts
Lieutenant, and of the Convention act.. alleged against him by Crocker, and said,
They, in consequence, brought actions of that he had been gambling on the night assault and false imprisonment against Mr mentioned in the indictment, and lost his Downes. money and clothes, and then staked his life,
iltr Downes had put in his plea to Mr which he also considered forfeited, and be- Taaffe's declaration, and thereby contended lieved that he was in honour bound to be
that he was entitled, as Chief Justice of the hanged, and therefore consented. But he
King's Bench, to issue his warrant, and to strongly depied that any assault was commit- commit Mr Taaffe tho', without any charge ted on the witness Crocker, until he, Crocker,
or information whatever! To this plea Mr had first assaulted him. The Court and
Taaffe's Counsel, of course, demurred. The Jury expressed the utmost astonishment at Demurrer having been previously argued, this singular case, and, after a few words the Court was to have given judgment upon from the Chairman, he was found guilty.--. it on the 20th of November. On that day, As soon as the defendant was found guilty, Lord Norbury stated, that, as a difference his wife came into Court, and implored mer. of opinion, with respect to the judgment to cy for him, assuring their Worships that be given, prevailed among the Judges, it she would be answerable for it that he
was necessary, in order, if possible, to proshould never desire to be hanged again!
cure unanimity on a subject of such mag. The Bench became unanimous in the mer- nitude, to hear another Counsel on each ciful judgment of granting the female plead. side. er the full liberation of her busband
On the 24th of November, therefore, the case was again argued by Mr Radcliffe on
the part of the Chief Justice, who was rePAYMENT OF OFFICERS' WIDOWS' PEN
plied to by Mr Byrne. The Court then in.
timated, that they would not give their decis War-Office, 30th Nov. 1812. sion till next term. It is said the Court is SIR,I have the honour to transmit completely divided in opinion on this ques. herewith, for your information, a printed tion; Lord Norbury and Judge Mayne (as copy of the Prince Regent's warrant of the is understood) being favourable to Mr 26th September last, abolishing the former Downes ; and Justice Fox and Justice Flet. practice of transferring the payment of the cher being of opinion, that Mr Downes' plea pensions of the widows of officers of the is bad, and untenable in law,
PRESBYTERY OF EDINBURGH. among the members of Presbytery, it was
unanimously agreed to delay the cause till
the last Wednesday of October, and in the CLEPHANE, versus THE KIRK-SESSION OF
mean time they ordained the Kirk-Session of CASOSGATE.
Canongate to give, at said meeting, a conour Number for September 1812, we descendence of Mr Clephane's alleged imnoticed that a petition and complaint had proper actions, which had been referred to been given in to the Presbytery in July in the sentence of the Session, and on which last, by the Reverend Mr Garnock, one of it proceeded. the ministers of Canongate, against certain At next meeting of Presbytery, on the proceedings of the Kirk-Session of Canon 28th of October, the cause was again regate, on the 19th of June, whereby they sumed. A condescendence was given in deprived Mr James Clephane of his office for the Kirk-Session, which was read. A of elder and member of that body. No ap- long discussion took place as to the manpearance was made in July for the Kirk. ner in which the Presbytery should proSession, and the matter was delayed till the ceed; but it appearing in the course of demoeting in August.--At the meeting of bate, that no regular meeting of the Kirke Presbytery in August, a petition was pre Session had taken place since they were orsepted from Mr Clephane, complaining of dered to give in their condescendence that the usage he had received from the Kirk, it had been framed by a committee of the Session, and praying relief.James Wed- Session, and that it was only signed by derburn, Esq. Advocate, appeared as coun. Mr Cockburn, their Counsel ; it was ordered sel for Mr Clepbane, and stated his case in by the Presbytery, that a meeting of the a forcible speech. Mr Garnock, also, com Kirk-Session should be called to prepare a plained, that though he had lodged his rea condescendence in terins of the remit of last Some of dissent and complaint with the Ses. Presbytery, and to serve the same on Mr sion-Clerk, he could neither procure the ori- Clephane, or his agent, at least ten free ginal or a copy of that paper. As no ap- days before the meeting of the Presbytery pearance was made for the Kirk-Session, it in November. The cause was then delayFas moved and agreed to by the Presbytery, ed to the last Wednesday of November. that the Kirk-Session of Canongate should Accordingly on the 25th of November be summoned to attend the next meeting in the cause was again called, when there was September. That the minutes of the Kirke laid before the Presbytery the minutes of Session, since March 1811, should be laid the Kirk-Session, and a condescendence before the Presbytery, and that the Session from that body; and, also, a complaint Clerk should be summoned to appear and from the Reverend Dr Buchanan against Mr produce, at the same meeting, the original, Garnock, for being present at a meeting of w a copy of Mr Garnock's reasons of dis. the Kirk-Session of Canongate, while they sent, which had been lodged in his hands. were employed in bringing forward their
On the 30th of September the case again condescendence, he being a party in the came before the Presbytery, when the Ses cause, and for using language at that meet. sion-Clerk of Canongate appeared, and was ing tending to influence their proceedings ; heard in his own defence with respect to and likewise a protest by three elders aMr Garnock’s dissent-Upon a motion, gainst the proceedings of the Kirk-Session, which was carried, he was ordered to be for adopting the condescendence. Mr Cockadmonished by the Moderator to be more burn was heard in support of Dr Buchan. correct in future with respect to papers an's complaint, and Mr Garnock in defence Lodged in his custody.--Parties were then of himself. A debate took place of some called to the bar, when the Reverend Mr length, in which a considerable difference Garnock was heard in support of his rea of opinion prevailed; but it was at last sons of dissent and complaint. James agreed that the complaint should be withWedderburn, Esq. for Mr Clephane. Henry drawn, which was done accordingly. The Cockburn, Esq. for the Kirk-Session, and protest of the three elders was then entered the Reverend Dr Buchanan for himself.- into, and after some discussion it was agreed After a discussion of considerable length to admit them as partics, and hear then Jan. 1813.
for their interest. The final consideration majority of one vote. The following is of the merits of the whole cause was then therefore the sentence of the Presbytery: adjourned to Wednesday the 9th of Decem “ The Presbytery having considered the ber.
circumstances of this casc, as brought before The Presbytery again met on the 9th of them by Mr Clephane's petition, and the December, when the same parties appeared. Kirk-Session's record of the proceedings to
– The following papers relative to the which the petition refers-find, That the cause were read by the Clerk, viz. Mr minute of the Kirk-Session, dated the 224 Clephane's petition against the sentence of of March 1811, relative to the part which the Kirk-Session ; Mr Garnock's reasons of Mr Clephane acted in the case of Mr Gardissent against the same; the sentence of nock's settlement, breathes a most unwar, the Kirk-Session of the 19th of June, ex rantable asperity, and is the more deserypelling Mr Clephane ; the different deliver- ing of censure, because Mr Clephane acted, ances of the Presbytery in this cause; the upon that cccasion, not in his capacity as an condescendence of the Kirk-Session, which elder, but as one of the Magistrates of the they were ordered to produce to the Pres. burgh of Canongate, in which capacity he bytery ; and the reasons of dissent of the was not responsible to the Kirk-Sessionthree elders of Canongate against the con Thercfore, ordain the Kirk-Session to exdescendence. The reading of these papers punge the said minute from their records, occupied a considerable time.
and prohibit them from making their reMr Wedderburn was then heard at great cords in time to come a depository of such length for Mr Clephane and the dissenting unjustifiable abuse against any civil Magiselders, and concluded a speech of more than trate-Also find, That there is not evidence twc hou by saying, that if the sentence against Mr Clephane of fraud or criminal of the Kirk-Session was reversed, and the intention, either in the case of the dues of objectionable minute of the 22d March 1811 the beadles, or the other dues arising from ordered to be expunged from the records of private baptisms; and that the Kirk-Session, the Kirk-Session, his client would rest sa by taking no notice of any negligence or ir, tisfied.
regularity on the part of Mr Clephane, in Mr Cockburn said a few words for the relation to these matters, previously to the Kirk-Session, and fully agreed with the pro 22d of March 1811, had virtually sanctionposition of Mír Wedderburn; and to this he ed his mode of proceeding. And the Presadhered, after being told that somewhat of bytery having farther considered, in cona different nature would be proposed. nection with Mr Clephane's petition, the
Parties being withdrawn, Dr Inglis spoke additional circumstances brought before at length on the merits of the question, and them by Mr Garnock's complaint, and the concluded by a motion, which was after condescendence of the Kirk-Session--find, terwards put to the vote and carried, as the That the act or resolution of the Kirk-Sossentence of the Presbytery.—The Reverend sion, by which they declared Mr Clephane Mr Andrew Thomson replied to Dr Inglis, to be no longer a member of their body, was and entirely differed from him as to the not only irregular and unjust, in respect of mode of pronouncing sentence, although he Mr Clephane not having been summoned to could not but acknowledge that the sentence answer in his own defence, but was also of the Kirk-Session was wrong, and ought most injurious to Mr Clephane's character, to be reversed. Sir llenry Moncreiff deliv- in respect of its having been founded on an ered his sentiments shortly, and nearly to allegation of improper conduct, which does the same effect; and concluded by moving not appear to have beep warranted by the a different deliverance from that of Dr facts and circumstances of which the KirkInglis, though both went upon the principle Session had evidence before them, as now that the original sentence of the Kirk-Ses set forth in the condescendence produced sion ought to be reversed.
Therefore, acquit Mr Ciephane of the charge A long debate ensued, in which, besides
and imputation against his character as an the members above mentioned, the follow elder, founded on these facts and circuming took a part-Dr William Simpson, Pro stances--Sustain Mr Garnock's complaintfessor David Ritchie, Dr Davidson, Dr Wil Reverse the judgment of the Kirk-Session liam Ritchie, Dr Campbell, Dr Andrew complained of, and ordain them to insert Grant, Dr Robert Anderson, and Dr Tho this judgment and deliverance of the Presmas Macknight. The vote was then put, bytery in their records." Arst or second motion, it being understood The following is the motion of Sir Henry that the first motion was that of Dr Inglis, Moncrieff : the second that of Sir Henry Moncreiff. * Reverse the sentence of the Kirk-SesThe roll was then called, and votes marked, sian of Canongate complained of by Mr Garwhen Dr Inglis's motion was carried by a nocki, as highly irregular and unjust, in
respect it was pronounced in Mr Clephane's keys; he therefore restricted the indictment absence, and without any proof being taken to the two first charges. No objection on or attempted, before the sentence was pro the part of the prisoner's Counsel being nounced. And in respect it appears to the made to the relevancy, the prisoner pleaded Presbytery, that a minute of the Kirk-Ses- guilty to the two first charges. On an obsion, bearing date the 22d day of March servation by the Court, that the prosecutor 1811, was extremely exceptionable, the had taken a liberty which he was not war. Presbytery did, and hereby do, express their ranted in doing, by extending the first highest disapprobation of the said Session, charge to four months, no greater latitude in adopting it. And they ordain the Kirk than three being ever" allowed, the words, Session of Canongate to expunge the said or April, were deleted from the first charge. minute from their record; and the Presby. After which, the Jury being impannelled, tery dismiss the condescendence now given the prisoner again pleaded guilty. The Juin by the said Kirk-Sersion, and prohibit ry then retired, and in a few minutes rethem from holding any further proceedings turned their verdict, , finding the prisoner, in this case ; and farther, the Presbytery as guilty by her own confession. The sentence soilzie Mr Clephane from the charges brought being restricted to an abitrary punishment, against him before the Presbytery by the the Court, after noticing the deliberate inansid Kirk-Session."
ner in which the crimes had been commit, Parties were then called, and sentence of ted, and the necessity of protecting those Presbytery intimated to them. Against that who received lodgers into their houses from sentence a number of meinbers dissented, similar depredations, sentenced the prisoner and took instruments in the Clerk's hands, to fourteen years transportation beyond seas, to complain to the Synod of Lothian and with the usual certifications. Tweeddale; as did also the Rev. Dr Buchanan for himself and the Kirk-Session. All the meetings were numerously at
Thomas Benny, midshipmun, v. John Davidtended by spectators.
son, writer in Greenock, Procurator-Fiscal of the Bailie Court of Greenock.
In the month of September 1812, Mc HIGH COURT OF JUSTICIARY.
Benny, employed in the impress service at
Greenock, impressed a man at that place, Monday, the 21st of December, came on and was proceeding in his boat to the tender before this Court the trial of Elizabeth Cros with him, when, on account of some real or bie, accused of theft and house-breaking: supposed appearance of obstruction offered There were three different chargesIst, him in the execution of his duty, he was On the Ist of February 1812, or the month induced to fire a musket; he was in conseof January preceding, or February, March, quence taken up at his return on shore, 6 April follwing, stealing from the house brought before the Bailie Court there, and of Alexander Gray, tailor, Leith Street, sentenced to Bridewell for 30 days, and to Edinburgh, a silver tea-pot, silver porter be detained therein till he should find cau. mug, silver milk pot and sugar tongs, a sil tion to keep the peace in all time coming. ter table spoon, and six silver tody ladles, Against this sentence he appealed to the and two silver tea-spoons.-2d, On the 12th High Court of Justiciary, and on Thursday, of August 1812, stealing from the house of the 21th December, the cause was advoca. Jane Scott, wife of A. Chalmers, trumpeter ted before the Court. in the reyal horse artillery, Fisherrow, a sil The Solicitor-General and Mr Macono, vet watch.--3d, On the 14th day of Sep chie were heard at great length for Mr Bentember 1812, of breaking into the house of ny, and Mr Cockburn and Mr M.Cormick David Swan, labourer, New Farın, on the for Mr Davidson, after which their Lord. road from Dalkeith to Musselburgh, by ships delivered their opinions. They all means of false keys, or otherwise, and stea! agreed in finding, that the Magistrates of ing a web, two shawls, a white diinitty pet
Greenock had been guilty of gross irregu. ficuat, t50 pairs of cotton stockings, three larity in their proceedings, and of an unware pocket hardkerchiefs, a nusiin neckcloth, rantable stretch of power, in ordaining Ben. and a one pound benk note. Tile prisoner ny to find, what was never required by any being pat to the bar, before procecuing to court in this country, security for his good trial, the Solicitor-General, on the part of behaviour in all time coming; dismissed the the Crown, stated, that, in consequence of letters simpliciter, and found Davidson liable information which he had received, he de.
in expenceh. parted from the third charye in the indict A most melancholy accident happened at ment, inasmuch as it did not appear that Bailintuim, Strath-tummel, parish of Blair, the prisoner bad entered tlic house by fulde Athule. On Friday the 11th current, Alex