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for their interest. The final consideration of the merits of the whole cause was then adjourned to Wednesday the 9th of December.
The Presbytery again met on the 9th of December, when the same parties appeared. -The following papers relative to the cause were read by the Clerk, viz. Mr Clephane's petition against the sentence of the Kirk-Session; Mr Garnock's reasons of dissent against the same; the sentence of the Kirk-Session of the 19th of June, expelling Mr Clephane; the different deliverances of the Presbytery in this cause; the condescendence of the Kirk-Session, which they were ordered to produce to the Presbytery; and the reasons of dissent of the three elders of Canongate against the condescendence. The reading of these papers occupied a considerable time.
Mr Wedderburn was then heard at great length for Mr Clephane and the dissenting elders, and concluded a speech of more than two hou by saying, that if the sentence of the Kirk-Session was reversed, and the objectionable minute of the 22d March 1811 ordered to be expunged from the records of the Kirk-Session, his client would rest satisfied.
Mr Cockburn said a few words for the Kirk-Session, and fully agreed with the proposition of Mr Wedderburn; and to this he adhered, after being told that somewhat of a different nature would be proposed.
Parties being withdrawn, Dr Inglis spoke at length on the merits of the question, and concluded by a motion, which was afterterwards put to the vote and carried, as the sentence of the Presbytery.-The Reverend Mr Andrew Thomson replied to Dr Inglis, and entirely differed from him as to the mode of pronouncing sentence, although he could not but acknowledge that the sentence of the Kirk-Session was wrong, and ought to be reversed. Sir Henry Moncreiff delivered his sentiments shortly, and nearly to the same effect; and concluded by moving a different deliverance from that of Dr Inglis, though both went upon the principle that the original sentence of the Kirk-Session ought to be reversed.
A long debate ensued, in which, besides the members above mentioned, the following took a part-Dr William Simpson, Professor David Ritchie, Dr Davidson, Dr William Ritchie, Dr Campbell, Dr Andrew Grant, Dr Robert Anderson, and Dr Thomas Macknight. The vote was then put, first or second motion, it being understood that the first motion was that of Dr Inglis, the second that of Sir Henry Moncreiff. The roll was then called, and votes marked, when Dr Inglis's motion was carried by a
majority of one vote. The following is therefore the sentence of the Presbytery :--
"The Presbytery having considered the circumstances of this case, as brought before them by Mr Clephane's petition, and the Kirk-Session's record of the proceedings to which the petition refers-find, That the minute of the Kirk-Session, dated the 22d of March 1811, relative to the part which Mr Clephane acted in the case of Mr Garnock's settlement, breathes a most unwar, rantable asperity, and is the more deserving of censure, because Mr Clephane acted, upon that cccasion, not in his capacity as an elder, but as one of the Magistrates of the burgh of Canongate, in which capacity he was not responsible to the Kirk-SessionTherefore, ordain the Kirk-Session to expunge the said minute from their records, and prohibit them from making their records in time to come a depository of such unjustifiable abuse against any civil Magistrate-Also find, That there is not evidence against Mr Clephane of fraud or criminal intention, either in the case of the dues of the beadles, or the other dues arising from private baptisms; and that the Kirk-Session, by taking no notice of any negligence or irregularity on the part of Mr Clephane, in relation to these matters, previously to the 22d of March 1811, had virtually sanctioned his mode of proceeding. And the Presbytery having farther considered, in connection with Mr Clephane's petition, the additional circumstances brought before them by Mr Garnock's complaint, and the condescendence of the Kirk-Session-find, That the act or resolution of the Kirk-Session, by which they declared Mr Clephane to be no longer a member of their body, was not only irregular and unjust, in respect of Mr Clephane not having been summoned to answer in his own defence, but was also most injurious to Mr Clephane's character, in respect of its having been founded on an allegation of improper conduct, which does not appear to have beeg warranted by the facts and circumstances of which the KirkSession had evidence before them, as now set forth in the condescendence producedTherefore, acquit Mr Clephane of the charge and imputation against his character as an elder, founded on these facts and circumstances. Sustain Mr Garnock's complaintReverse the judgment of the Kirk-Session complained of, and ordain them to insert this judgment and deliverance of the Presbytery in their records."
The following is the motion of Sir Henry Moncrieff:
"Reverse the sentence of the Kirk-Sessian of Canongate complained of by Mr Garnock, as highly irregular and unjust, in
respect it was pronounced in Mr Clephane's absence, and without any proof being taken or attempted, before the sentence was pronounced. And in respect it appears to the Presbytery, that a minute of the Kirk-Session, bearing date the 22d day of March 1811, was extremely exceptionable, the Presbytery did, and hereby do, express their highest disapprobation of the said Session, in adopting it. And they ordain the KirkSession of Canongate to expunge the said minute from their record; and the Presbytery dismiss the condescendence now given in by the said Kirk-Session, and prohibit them from holding any further proceedings in this case; and farther, the Presbytery assoilzie Mr Clephane from the charges brought against him before the Presbytery by the said Kirk-Session."
Parties were then called, and sentence of Presbytery intimated to them. Against that sentence a number of members dissented, and took instruments in the Clerk's hands, to complain to the Synod of Lothian and Tweeddale; as did also the Rev. Dr Buchanan for himself and the Kirk-Session.
All the meetings were numerously attended by spectators.
HIGH COURT OF JUSTICIARY.
Monday, the 21st of December, came on before this Court the trial of Elizabeth Crosbie, accused of theft and house-breaking.There were three different charges-1st, On the 1st of February 1812, or the month of January preceding, or February, March, or April following, stealing from the house of Alexander Gray, tailor, Leith Street, Edinburgh, a silver tea-pot, silver porter mug, silver milk pot and sugar tongs, a silver table spoon, and six silver tody ladles, and two silver tea-spoons.-2d, On the 12th of August 1812, stealing from the house of Jane Scott, wife of A. Chalmers, trumpeter in the royal horse artillery, Fisherrow, a silver watch.--3d, On the 14th day of September 1812, of breaking into the house of David Swan, labourer, New Farm, on the road from Dalkeith to Musselburgh, by means of false keys, or otherwise, and stealing a web, two shawls, a white dimitty petficoat, two pairs of cotton stockings, three pocket handkerchiefs, a musiin neckcloth, and a one pound bank note. The prisoner being put to the bar, before proceeding to trial, the Solicitor-General, on the part of the Crown, stated, that, in consequence of information which he had received, he departed from the third charge in the indictment, inasmuch as it did not appear that the prisoner had entered the house by false
keys; he therefore restricted the indictment to the two first charges. No objection on the part of the prisoner's Counsel being made to the relevancy, the prisoner pleaded guilty to the two first charges. On an observation by the Court, that the prosecutor had taken a liberty which he was not warranted in doing, by extending the first charge to four months, no greater latitude than three being ever allowed, the words, or April, were deleted from the first charge. After which, the Jury being impannelled, the prisoner again pleaded guilty. The Jury then retired, and in a few minutes returned their verdict, finding the prisoner guilty by her own confession. The sentence being restricted to an abitrary punishment, the Court, after noticing the deliberate manner in which the crimes had been committed, and the necessity of protecting those who received lodgers into their houses from similar depredations, sentenced the prisoner to fourteen years transportation beyond seas, with the usual certifications.
Thomas Benny, midshipman, v. John Davidson, writer in Greenock, Procurator-Fiscal of the Bailie Court of Greenock.
In the month of September 1812, Mr Benny, employed in the impress service at Greenock, impressed a man at that place, and was proceeding in his boat to the tender with him, when, on account of some real or upposed appearance of obstruction offered him in the execution of his duty, he was induced to fire a musket; he was in consequence taken up at his return on shore, brought before the Bailie Court there, and sentenced to Bridewell for 30 days, and to be detained therein till he should find caution to keep the peace in all time coming. Against this sentence he appealed to the High Court of Justiciary, and on Thursday, the 24th December, the cause was advoca ted before the Court.
The Solicitor-General and Mr Maconochie were heard at great length for Mr Benny, and Mr Cockburn and Mr M'Cormick for Mr Davidson, after which their Lordships delivered their opinions. They all agreed in finding, that the Magistrates of Greenock had been guilty of gross irregu larity in their proceedings, and of an unwarrantable stretch of power, in ordaining Benny to find, what was never required by any court in this country, security for his good behaviour in all time coming; dismissed the letters simpliciter, and found Davidson liable in expences.
A most melancholy accident happened at Bailintuim, Strath-tummel, parish of Blair, Athole. On Friday the 11th current, Alexander
ander Calebanach, alias Dow, tenant there, being employed in drying grain on a kiln, went about midnight, accompanied by his daughter, a young girl, to lift off the grain,
when most unfortunately the rafters, which, it appears, were rotten, gave way, and he was precipitated to the bottom of the kiln, when it immediately took fire, and before any assistance could be rendered to him, he was burnt to death. Owing to the scarcity of water, the darkness of the night, and the late hour at which the accident happened, the fire was not got under till noon next day, when the body, which was almost consumed to atoms, was with much difficulty extricated from the rubbish. He has left a widow and three children.
On the 15th of December, at the mill of Elrick, the miller, of the name of Walker, his wife, and a child, were all found dead in their sleeping apartment. The preceding evening, in a small bed-room in which they slept, a quantity of wet shellings of corn, had been put on the fire, for the purpose of preserving it during the night; and the fire being opened partly, the smoke thereby occasioned spreading through the room, proved fatal to this unfortunate part of the family. The woman was dead in in her bed, with her child on her arm; but the man was found sitting on a chair near the bed, and leaning forward, having vomitted a little; but neither from this, nor any exertion he had been able to make, could he, as it appears, gain the door, in his then weak, and probably in part, insensible state, so as to escape the deleterious effects of the vitiated air, in which these unwary sufferers had been involved, and to which they fell victims. We understand, there are four children and an aged grandmother left to deplore their melancholy fate.
On the 26th of December, a distressing accident occurred at Gorleston :-As nine pilots, who had been out at a vessel in the roads, were on their return, the aft part of the boat struck upon the bar, when the succeeding wave filled and sunk her; one only was saved. Another pilot, who perceived the accident, got into a boat to go to their assistance, but finding he could not proceed fast enough, he ran up the steps, crossed the pier, and went into the lower works, when, upon catching the hand of one of the unfortunate men, a wave took him off, and he was lost.
On the 13th of January, Joseph Gibson, who was condemned to be hanged by the High Court of Justiciary for two highway robberies, suffered the sentence of the law at the west end of the Tolbooth, Edinburgh. His behaviour was penitent and suitable to Dis melancholy situation.
[From the London Gazette.]
Whitehall, Dec. 12.-The Prince Regent appointed the Hon. and Rev. Henry Ryder
to be Dean of Wells, in room of the late Dr William Lukin.
Carleton House, Dec. 14-The Prince Regent conferred the honour of knighthood on Samuel Whitcombe and Christopher Sweedland, Esquires.
Whitehall, Dec. 15.-The Prince Regent granted permission to John Malcolm, Esq. Lieut.-Col. in the East India Company, and late envoy to the King of Persia, to accept and wear the insignia of the Royal Persian order of the Lion and Sun. And also con
ferred on him the honour of knighthood.
The Prince Regent has been graciously pleased to grant the dignity of Baron, to the Right Hon. William Handock, of Maydrum Castle, county of Westmeath, by the name, style, and title, of Baron Castlemaine, of Maydrum, in said county, and to the heirs male of his body; and in default of such issue, to Richard Handock, Esq. brother of said William Handock, and to the heirs male of his body. And to the Most Rev. Father in God, William Beresford, Doctor in Divinity, Archbishop of Tuam, and Bishop of Ardagh, by the name, style, and title, of Baron Decies, of the Barony of Decies, in the county of Waterford, and to the heirs male of his body.
Norman Lockhart, Esq. writer to the signet, is appointed keeper of the particular Register of Sasines for the county of Lanark, in room of John Boyes, Esq. deceased.
Mr David Turnbull has been elected by the Town Council of Edinburgh, Clerk of the Dean of Guild Court, in room of Mr H. Bairnsfather, deceased.
On the 14th of January, the Rev. Dr Andrew Grant, was admitted one of the ministers of St Andrew's Church, Edinburgh, in room of Dr William Moodie, deceased.
Dec. 9. At Edinburgh, the Lady of Major-General the Honourable Alexander Duff,
12. At Belleville, Mrs Colonel Colquhoun, a daughter.
13. At Williamfield, Leith, the Lady of Captain Donald Campell, Royal Navy, a
15. At Edinburgh, the Lady of Sir William Purves Hume Campbell, Bart, a son and heir.
Dec. 17. At Thurso, Mrs Lieutenant Gunn, of Malta, to Dorothea, eldest daughter of 72d regiment, a son. William Stewart, Esq. of Shambelly.
-At Edinburgh, the Lady of George Harley Drummond, Esq. M. P. a son.
22. At Barr, David Ewen, Esq. Comptroller of the Customs, Ayr, to Jane, youngest daughter of the Rev. Stephen Young, minister of Barr.
18. At Montrose, Mrs Captain Thomson, of the 46th regiment, a daughter.
19. At Ayr, Mrs Captain Clark, a daugh
21. Mrs Cathcart, Gayfield Square, a daughter.
22. Mrs Ford, of Finhaven, a daughter. - At Greenock, Mrr Charles Campbell,
23. At Edinburgh, Mrs Makgill, of Kemback, a son.
25. Mrs Wolfe Murray, a daughter. -At Musselburgh, Mrs Kilgour, of Burnrig, a son.
27. At Forres, the Lady of Alex. Tulloh, Esq. Earnhill, a son.
Mrs Balfour, younger of Pilrig, a daughter.
30. At Edinburgh, the Lady of Dr John Rogerson, jun. a daughter.
Jan. 1. 1813. Four children, belonging to Mr Berry, of Brampton, were christened at that place; who, with the mother, are likely to do well.
3. At Louisville, Mrs Gregg, a daughter. -Mrs William Fraser Tytler, a daugh
4. In the island of Islay, Mrs Francis Souter, a son.
6. At Edinburgh, Mrs Cathcart of Drum, a daughter.
10. At Mew Saughton, Mrs Watson, of Saughton, a son.
Lately, at Edinburgh, the Lady of Capt. Buckle, Royal Navy, a daughter.
Dec. 14. At West Kilbride, John Newbigging, Esq. Kilmarnock, to Eglinton Oughterson Hendrie, daughter of the Rev. Arthur Oughterson, West Kilbride."
- At Hounam, Mr Richard Hewat, tcmant in Bassendean, to Miss H. Rutherford, daughter of the Rev. James Rutherford.
15. At Glasgow, Archibald Hamilton, Esq. to Miss Margaret Bogle, daughter of the late William Bogle, Esq.
16. At Edinburgh, James Gooden, Esq. merchant, London, to Miss Chisholm, daughter of the late Alexander Chisholm, of Chiaholm, Esq.
17. At Newton, Mr James Trotter, Kerchesters, to Miss Margaret, daughter of Mr Trotter, Newton.
18. At Thurso, Morison Snody, Esq. writer, to Ann, daughter of the late John Mansou, Esq. of Pennyland.
22. At Newabbey, G. A. Nicholson, Esq.
23. At Lochwinnoch, James Crawford. Esq. of Laudstone, to Miss Mary, only daughter and heiress of the late Jas. Campbell, Esq. of Middletone. The bride has a fortune of £.8000.
24. At Edinburgh, Archibald Napier, Esq. of the island of Tobago, to Ann, daughter of Sir John Stirling, Bart. of Glorat.
At Edinburgh, the Reverend Samuel M'Knight, of Dumfries, to Miss E. Henderson, youngest daughter of the late Mr Wm Henderson, manufacturer, Edinburgh. At Thurston, Dugald Campbell, Esq. of Ballinaby, to Isabella, daughter of the late Robert Hunter, of Thurston, Esq.
John D. M'Connell, of Belfast, to Euphemia, daughter of the late William Hannay, Esq. of Portpatrick.
28. At Edinburgh, Dr William Meikleham, Professor of Natural Philosophy in the College and University of Glasgow, to Miss Agnes Cunninghame, second daughter of George Cunninghame, Esq. Surveyor-Ge neral of the Customs for Scotland.
Jan. 1. 1813. At Kilbirnie, John Speir, a labourer, at Hole, to a young woman named Mary Campbell, the daughter of a poor man of the neighbourhood. What is remarkable concerning this marriage is, that, on the very day of the marriage, the bride received information of the death of a very distant relation, who had altogether unexpectedly left her a legacy of £.5000. This gave great satisfaction to the neighbours, for the young couple are both very honest and industrious people, and universally esteemed.
4. At Drynie, Ross-shire, James Macdonnell, Esq. writer to the signet, to Mary Proby, second daughter of the late George Mackenzie, Esq. of Pitlandie.
5. At Perth, the Rev. John Macgachen, Aith, to Jane, daughter of John Ross, Esq. of Balgersho.
Lately, at Leith, William Grinly, broker, to Susanna, youngest daughter of the late John Scott, Esq. of Malleny.
At Hermitage Place, Leith Links, John Westgarth, Esq. Surveyor-General of the Customs, to Christian, eldest daughter of the late Mr John, Thomson, Leith.
At Lochmalony, Mrs Scott, widow of Major Thomas Scott of Lochmalony.
11. At Edinburgh, Miss Mary Macken`zie, youngest daughter of the Reverend Mr D. Mackenzie, minister of Fodderty.
At Milnathort, the Reverend Mr Thomas Porteous, minister of the Associate Congregation there, in the 69th year of his age, and 41st of his ministry.
12. At Jedburgh, Capt. William Ormiston, late of the Hon. East India Company's service.
At Leith, Mrs Jean Merrilees, widow of the late William Robertson, Esq. of Canada, and mother to John Ogilvic, Esq. of Montreal.
13. John Boyes, Esq. of Walhall.
Sir Alex. Purves of Purves, aged 74.
At James's Square, Mrs Jean Auchenleck, daughter of the late James Auchenleck, Esq. of Woodcockdale, much and justly regretted.
15. At Stirling, Michael Connal, Esq. present provost of that burgh. He was humble as a Christian, consistent as a ma gistrate, and independent as a man.
16. At Nicholson's Street, Mrs Robina Lang, widow of the late Thomas Robertson, minister of Selkirk.