« ZurückWeiter »
their rear, and who were driving them Lord Justice Clerk furrmed up the evin down to the shore. Mr Hope therefore dence with great impartiality. The Jury contended, that, fo far from the present were then inclosed, and appointed to rem cale being confidered as a murder, he turn their verdia next day, at rifiix of hoped, and trusted, that, in the course the Court of Seffion, which they accorof the evidence, it would fully appear, dingly did, all in one voice, finding the to the satisfaction of the Court and Jury, pannels Not Guilty. They were that the pannels were under the neceffi- accordingly assoilizied and dismissed from fy of doing what they did in self-defence, the bar. which was justified by the law of the Counsel for the Crown, the Lord Ado country:
vocate, the Solicitor General, Mr Wil The Lord Advocate admitted the juftliam Tait, and Mr Wolfe Murray; as nefs of many of the observations thrown gent Mr Hugh Warrender Writer to the out by Mr Hope, particularly the unlaw. Signet. Counsel for the pannels, Me ful resistance too often given to the offi- Robert Blair, Mr William Stewart, and cers of the revenue in the execution of Mr Charles Hope; agent Mr John Tawfe their duty. His Lordship, however, con- Writer. fidered it as his duty, when the life of a
18. This day came on before the fellow subject was taken away, to make High Court of Justiciary the trial of every necessary inquiry into the fact; George M‘Kerracher, tenant in the and 'when he had done so, to bring the Ward of Goodie, in the shire of Perth, matter to a fair and open trial. Though indicted at the instance of his Majesty's the pannels were, in this case, indicted Advocate for forging or uttering two for murder ; yet, his Lordskip said, he bills, one for 48 l. and the other for 4910 did not mean to carry it fo far as to in. in the months of April and May last, upfift for a capital punishment, being con
on which pay.nent was obtained at the fcious that the pannels had been unlaw. Bank of Scotland's office in Stirling, fully attacked in the execution of their Mr Allan M'Connochie, as counsel for duty; but whether to fuch an extent as the prisoner, made several remarks on to justify firing upon the assailants, was the libel; and concluded with observing a matter worthy of serious confideration. that, as the indictment did not charge His Lordship, after defining very accu- the pannel with having committed the rately the law respecting culpable homic crime of which he was accuted with an cide and self-defence, restricted the libel intention to defraud, he hoped the Court to culpable homicide.
would restrict it to an arbitrary punishThe Lords, after delivering their opi- ment. nions at confiderable length, pronounced The Lord Advocate replied on the the usual interlocutor upon the libel, as part of the Crown. He faid, that the restricted by the Lord Advocate. A ju- fibel bore that the fubscriptions of the sy being chosen, the Court proceeded to drawer and indorser of the bills were not the examination of the witneffes.
true and geruine, but falfely and feloni. The examination, continued till be- ously adhibited by the prisoner, or were between four and five o'clock afternoon. known to him to be falfe and forged: After it was closed, the Lord Advo. the words were therefore as strong as cate, with great ability and candour char- language could make them; and as there ged the Jury on the part of the Crown. could be no doubt that the forging of a His Lordship
. abandoned every idea of bill, upon which payment was obtained, fubjecting Firman the soldier to any was a capital offence, he therefore insisted punifhment whatever, on account of his that the libel should go to the knowledge having acted entirely under the direc- of an aflize as it stood. The Court was tion of the Excise officer. His conduct, unanimously of opinion that the libel was therefore, was the only thing which re- relevant to infer the pains of law ; upon mained for the determination of the which the trial proceeded. Jury. They were to confider, whether The examination of witnesses continued the perilous situation in which the Ex. till about six o'clock in the evening, cift officer and his party were placed, when the Lord Advocate addressed the justified his giving orders to firman to Jury on the part of the Crown, and Mr fire ; and whether that was a necessary George Ferguson for the pannel. The act of felf-defence !--Mr Robert Blair Lord Justice Clerk then summed up the charged the Jury, with his usual ability, evidence, in a charge of confiderable on the part of the pannels; and the length, to the Jury, who were appointed
to return their verdict next day at the ti- extinct in the person of K, William Ill. ting of the Court of Session. The Jury Fan. At Bilbfter, Mrs Sinclair, fpouse inclofed about nine o'clock in the even- to James Sinclair, Esq; of Holhurnhead. ing, and returned their verdict on Tues- Mrs Mary Sandilands, relict of Joha day, all in one voice finding the pannel MacArthur of Milton, Esq. guilty. The Court delayed pronouncing At her house in Chapel Street, Mrs fentence till next day, when they were Agnes Waterstone, relict of the deceafed pleased to adjudge thie pannel to be car. T. Adinfton, Elg; of Cartant. ried to Stirling, and executed there on At Dundee, George Maxwell of BalPriday the 28th of March.
Mrs Janet Spens, spouse of Ja. Mars MARRIAGE S.
Shall writer to the figuet. Dec. 23. J. Lapslie of Northwoodside, At Banff, Mr WOgilvie, merchant. Efq; to Miss Il. Ker, daughter of the At Perth, Mrs Elizabeth Logan, relict Rev. Mr J. Ker, late minifter of the gol of the Rev. Mr J. Mercer of Clevadge. pel at Carmunock,
At Southfield, near Glasgow, Alex28. At Springkell, Claud Alexander, ander Hutchison, Esq; of Southfield. Esq; of Ballamyle, to Miss El. Maxwell, At Dumfries, Mrs M'Cornock, wife eldest daughter of Sir W. Maxwell of of Mr Hugh M-Cornock. Springkell, Bart.
At the Milltown of Halkirk, in CaithFeb. 8. At Edinb. Mr George Wood ness, Lieut. William Mackay. Surgeon, to Mifs Ifab. Campbell, daugh- Feb. 1. At Bath, John Mackenzie, ter of John Campbell, Esq; late of NewEsq; of Dolphington, Advocate. field.
5: Thomas Marmall, Esq; late Provott
of Perth. BIRTH S.
At Edinburgh, Mr Charles Efplin, paPeb. 8. Mrs Sinclair Ayton of Inch- per sainer. darny, of a fon.
At Edinburgh, Mrs Mitchell, spouse 12. Mrs Campbell of Fairfield, of a to W. Mitchell, teacher of French. daughter.
7. At Ardoch, the Lady of Sir Will. At London, the Right. Hon. Lady Stirling of Ardoch. Sempill, of a son.
8. At Auchtermuchty, the Rev. Mr 14. Mrs Dalzeli of Glenae, of a daugh. R. Wingate of Millearn, minister of the 18. At Prefonfield, the Lady of Sir gospel at Abdie.. William Dick, Bart. of a daughter. Lately, in an island near Cape Gracias
a Dios, Maj. John Campbell, son of the DE AT HS.
late Dr A. Campbell, Professor of Church Jan. 31. Ac Rome, in the 68th year History in the University of St Andrews. of his age, Prince CHARLES STUART. 9. Thomas Bislet, Elq; Commissary of The Prince has left only one daughter, Dunkeld. who assumes the title of Duchess of Ala 11. At Greenock, Archibald Crau. bany. She is about twenty-five years furd, Efq; merchant. old, much respected for her good nature, Lately, at Grenada, Peter Gordon, piety, and politeness, and from her fa. Efq; eldest son of the late Col. Ilenry ther, and her uncle the Cardinal, will Gordon of Knock speck, inherit an immense fortune.To his bro. 12. At Porthsmouth, Dougal Brown, ther, the Cardinal, he has left his claim to fourth son to T. Brown, Elyy of John the Crown of England. It is thought his ftonburn. eminence will change his title, and ar- 17. At Edinburgh, Miss Jamina Dafume that of the King-Cardinal. He is a vie, daughter of John Davić of Brotherbachelor, and in his ozd year. At his de• ton, Esq. cease, the King of Sardinia will be at the 20. At Edinburgh, Mrs Moir, widow head of the family of Stuart, as heir to of the late Mr Henry Moir, minister of Charles I. from whose ycungeft daugh. Auchtertool. ter, Henrietta Maria, he is defcended; 25. At Edinburgh, Mifs Isobella Johns the issue of her elder Gifter having becomc ftou, dau. to Mr Johnston of Lathifi.
ERRA T U M.
With a view of the Castle of ELAN STALKER.
Ulla's Account of the Indigenous Death of Simon de Mountfort, Earl
History of the Institution of the On the Orang-Owtang and Fe-