Abbildungen der Seite
PDF
EPUB

their rear, and who were driving them down to the fhore. Mr Hope therefore contended, that, fo far from the prefent cafe being confidered as a murder, he hoped, and trufted, that, in the courfe of the evidence, it would fully appear, to the fatisfaction of the Court and Jury, that the pannels were under the neceffity of doing what they did in felf-defence, which was juftified by the law of the

country.

The Lord Advocate admitted the juftnefs of many of the obfervations thrown out by Mr Hope, particularly the unlaw ful refiftance too often given to the officers of the revenue in the execution of their duty. His Lordship, however, confidered it as his duty, when the life of a fellow fubject was taken away, to make every neceffary inquiry into the fact; and when he had done fo, to bring the matter to a fair and open trial. Though the pannels were, in this cafe, indicted for murder; yet, his Lordfkip faid, he did not mean to carry it so far as to in fift for a capital punishment, being confcious that the pannels had been unlaw fully attacked in the execution of their duty; but whether to fuch an extent as to juftify firing upon the affailants, was a matter worthy of ferious confideration. His Lordship, after defining very accurately the law refpecting culpable homicide and felf-defence, reftricted the libel to culpable homicide.

The Lords, after delivering their opinions at confiderable length, pronounced the ufual interlocutor upon the fibel, as reftricted by the Lord Advocate. A jury being chofen, the Court proceeded to the examination of the witneffes.

The examination, continued till bebetween four and five o'clock afternoon. After it was closed, the Lord Advocate, with great ability and candour charged the Jury on the part of the Crown. His Lordship abandoned every idea of fubjecting Firman the foldier to any punishment whatever, on account of his having acted entirely under the direction of the Excife officer. His conduct, therefore, was the only thing which remained for the determination of the Jury. They were to confider, whether the perilous fituation in which the Excife officer and his party were placed, juftified his giving orders to Firman to fire; and whether that was a neceflary act of felf-defence?-Mr Robert Blair charged the Jury, with his ufual ability, on the part of the pannels; and the

Lord Juftice Clerk fummed up the evi dence with great impartiality. The Jury were then inclofed, and appointed to return their verdict next day, at rifing of the Court of Seffion, which they accor dingly did, all in one voice, finding the pannels NOT GUILTY. They were accordingly affoilizied and difmiffed from the bar.

Counsel for the Crown, the Lord Advocate, the Solicitor General, Mr Wil liam Tait, and Mr Wolfe Murray; a gent Mr Hugh Warrender Writer to the Signet. Counsel for the pannels, Mr Robert Blair, Mr William Stewart, and Mr Charles Hope; agent Mr John Tawse Writer.

18. This day came on before the High Court of Jufticiary the trial of George M'Kerracher, tenant in the Ward of Goodie, in the fhire of Perth, indicted at the inftance of his Majefty's Advocate for forging or uttering two bills, one for 481. and the other for 491. in the months of April and May laft, upon which payment was obtained at the Bank of Scotland's office in Stirling Mr Allan M'Connochie, as counfel for the prifoner, made feveral remarks on the libel; and concluded with obferving that, as the indictment did not charge the pannel with having committed the crime of which he was accused with an intention to defraud, he hoped the Court would restrict it to an arbitrary punishment.

The Lord Advocate replied on the part of the Crown. He faid, that the libel bore that the fubfcriptions of the drawer and indorfer of the bills were not true and genuine, but falfely and feloni oufly adhibited by the prifoner, or were known to him to be falfe and forged: the words were therefore as ftrong as language could make them; and as there could be no doubt that the forging of a bill, upon which payment was obtained, was a capital offence, he therefore infifted that the libel fhould go to the knowledge of an affize as it flood. The Court was unanimously of opinion that the libel was relevant to infer the pains of law; upon which the trial proceeded.

The examination of witnesses continued till about fix o'clock in the evening, when the Lord Advocate addreffed the Jury on the part of the Crown, and Mr George Ferguffon for the pannel. The Lord Justice Clerk then fummed up the evidence, in a charge of confiderable length, to the Jury, who were appointed

to

to return their verdict next day at the ring of the Court of Seffion. The Jury inclofed about nine o'clock in the evening, and returned their verdict on Tuef day, all in one voice finding the pannel guilty. The Court delayed pronouncing fentence till next day, when they were pleafed to adjudge the pannel to be carried to Stirling, and executed there on Friday the 28th of March.

MARRIAGES.

Dec. 23. J. Lapflie of Northwoodfide, Efq; to Mifs If. Ker, daughter of the Rev. Mr J. Ker, late minifter of the gof pel at Carmunock.

28. At Springkell, Claud Alexander, Efq; of Ballamyle, to Mifs El. Maxwell, eldeft daughter of Sir W. Maxwell of Springkell, Bart.

Feb. 8. At Edinb. Mr George Wood furgeon, to Mifs Ifab. Campbell, daugh ter of John Campbell, Efq; late of New

field.

BIRTHS.

Feb. 8. Mrs Sinclair Ayton of Inch darny, of a fon.

12. Mrs Campbell of Fairfield, of a daughter.

At London, the Right. Hon. Lady Sempill, of a fon.

14. Mrs Dalzell of Glenae, of a daugh. 18. At Preftonfield, the Lady of Sir William Dick, Bart. of a daughter.

DEATH S.

Jan. 31. At Rome, in the 68th year of his age, Prince CHARLES STUART. The Prince has left only one daughter, who affumes the title of Duchefs of Albany. She is about twenty-five years old, much refpected for her good nature, piety, and politeness, and from her father, and her uncle the Cardinal, will inherit an immenfe fortune.-To his bro ther, the Cardinal, he has left his claim to the Crown of England. It is thought his eminence will change his title, and affume that of the King-Cardinal. He is a bachelor, and in his 63d year. At his de ceafe, the King of Sardinia will be at the head of the family of Stuart, as heir to Charles I. from whofe youngest daugh. ter, Henrietta Maria, he is defcended; the iffue of her elder fifter having become

extinct in the perfon of K, William III. Jan. At Bilbfter, Mrs Sinclair, fpouse to James Sinclair, Efq; of Holburnhead. Mrs Mary Sandilands, relict of John MacArthur of Milton, Efq.

At her houfe in Chapel Street, Mrs Agnes Waterftone, relict of the deceased T. Adinfton, Efq; of Carcant.

At Dundee, George Maxwell of Balmyle, Efq.

Mrs Janet Spens, fpoufe of Ja. Mar fhall writer to the fignet.

At Banff, Mr W Ogilvie, merchant. At Perth, Mrs Elizabeth Logan, relict of the Rev. Mr J. Mercer of Clevadge. At Southfield, near Glafgow, Alexander Hutchison, Efq; of Southfield. At Dumfries, Mrs M'Cornock, wife of Mr Hugh M'Cornock.

At the Milltown of Hafkirk, in Caithnefs, Lieut. William Mackay.

Feb. 1. At Bath, John Mackenzie, Efq; of Dolphington, Advocate.

5. Thomas Marshall, Efq; late Provoft of Perth.

At Edinburgh, Mr Charles Efplin, paper ftainer.

At Edinburgh, Mrs Mitchell, fpoufe to W. Mitchell, teacher of French.

7. At Ardoch, the Lady of Sir Will Stirling of Ardoch.

8. At Auchtermuchty, the Rev. Mr R. Wingate of Millearn, minifter of the gofpel at Abdie.

Lately, in an ifland near Cape Gracias a Dios, Maj. John Campbell, fon of the late Dr A. Campbell, Profeffor of Church Hiftory in the Univerfity of St Andrews. 9. Thomas Biflet, Elq; Commiffary of Dunkeld.

11. At Greenock, Archibald Craufurd, Efq; merchant.

Lately, at Grenada, Peter Gordon, Efq; eldeft fon of the late Col. Henry Gordon of Knock speck.

12. At Porthfmouth, Dougal Brown, fourth fon to T. Brown, Efq; of John flonburn.

17. At Edinburgh, Mifs Jamina Davie, daughter of John Davie of Brotherton, Efq.

20. At Edinburgh, Mrs Moir, widow of the late Mr Henry Moir, minister of Auchtertool.

25. At Edinburgh, Mifs Ifobella Johns fton, dau. to Mr Johnfton of Lathrisk.

[ocr errors][merged small]

P. 147. col. 2. 1. 25. of Poetry, for "proproe," . " propos."

[graphic][ocr errors][subsumed]

Edinburgh Magazine,

OR

LITERARY MISCELLANY

For MARCH 1788.

With a View of the CASTLE of ELAN STALKER.

[merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small]
« ZurückWeiter »