A Summary of the Trial of Donald Maclane. It was generally expected that Maclane would be tried on Monday; but the Grand Jury, highly to their honour, examined fuch a variety of witneffes, and examined them, moreover, fo minutely, that they did not find the bill of indictment till after ten o'clock at night, though they entered upon the business before nine in the morning. When the bill was found, Mr. Baron Smythe appointed feven the next morning for bringing the matter to iffue; and, about twenty minutes after this hour, Mr. Serjeant Leigh, who led the council for the profecution, addressed the Court, which was then fitting, to the purport following :-- He observed, that, tho' the prisoner at the bar was upon his trial for a crime no less unpopular than barbarous, politics had nothing to do in the caufe, and therefore the jury would be extremely culpable if they fuffered prejudice or misreprefentation to ufurp the place of candour and impartiality. It was not the temper of the times which men in their fituations were to confult, but the dictates of juftice; not the cenfure of the world which they were to dread, but the reproach of their own hearts. The profecution, he took notice, was commenced by an unhappy father to obtain fatisfaction for the death of an only child, whom he fuppofed to be murdered by the prifoner at the bar, and not set on foot in confequence of party feuds, or political altercations. For his own part, had he even the abilities to exaggerate the accufation by a pathetic picture of Mr. Allen's affliction for the lofs of his fon, the Serjeant declared he should think fuch an exaggeration an impeachment of his humanity: it was not the paffions of the jury which he intended to address, but their reason, and was fenfible that, however Mr. Allen might wish to fee the murderer of his fon brought to an exemplary punishment, he ftill knew that he (Mr. Allen) was much too honest and too humane a man to defire a facrifice of innocent blood; juftice, and only juftice, he demanded; as great an attention confequently was due to the prifoner as the profecutor, and of course a jury were not to determine by the tenor of their own inclinations, but the abfolute fenfe of their conviction. On the other hand, Mr. Leigh judicioufly remarked, that the jury was no more to be influenced by the refentment which was excited again rioters, than by the arguments which were urged, by the breath of an inconfiderate popularity. For even admitting, that the unfortunate youth, whofe death was then the object of confideration, had been actually a principal in the riot at the King's Bench Prifon, till the law gave the foldier no difcretionary power over his life. His crime was 73 to be punished by the laws of his country, if he had committed a crime, and not by the caprice of a fellow-fubject. Nay, had the deceased been guilty of a pofitive felony, it would be murder in the foldier to kill him, unless he refifted; indeed, if he ftood upon his defence, and refufed a proper obedience to the command of legal authority, the law juftified its own minifter, if he proceeded to compel that obedience by force, and the delinquent had no body to blame for confequences but himself. Mr. Serjeant Leigh having opened the trial with a speech to this purport, proceeded to an examination of witneffes, and produced two, one Skidmore, a discharged marine, and one Twaites, a country lad, who had been about a fortnight in Mr. Allen's fervice as an oftler. Thefe evidences fwore pofitively to the identity of the prifoner, and were the only people on the part of the profecution who declared any knowledge of his perfon. The latter, however, differed in his own accounts of the tranfaction, and the testimony which he gave before the Coroner was contradicted by the depofition which he gave into Court. The next witneffes, Okins, and Brawn, the first a lad of fixteen, and the other a middleaged man, fwear, that they were in the Cowhoufe with Mr. Allen at the time he was shot; and the latter particularly fays, that he was going to ftrike down the Soldier's mufquet which was levelled at the deceafed, but that another foldier feeming ready to prefent at himself, the care which he had for his own life, together with his terror at the fituation of Mr. Allen, obliged him to retire. Okins fays, that when he heard the foldier threaten Mr. Allen, he (Okins) fell down with an excefs of apprehenfion, neither, however, tho' fo near to the foldier, could fwear to his identity; and what makes the matter ftill more remarkable, each was utterly unfeen by the other, Okins never once recollecting Brawn's being prefent, and Brawn being equally ignorant of Okins. Several other witneffes appeared for the profecution, but as they prove nothing fo material as the evidences already mentioned, and chiefly tend to clear up what is univerfally admitted; namely, Mr. Allen's being wholly unconcerned in the riots of the day, it is not neceflary to take any particular notice of them, though one in particular, who was very properly reprehended by the Bench, for ufing the word Majacre, gave three contradictory depofitions; one before the Coroner, another before Mr. Gillam, and a third before the Court. The evidence for the profecution being ended, the prifoner's council produced their witneiles; the firft of whom, Samuel Gillam, Efq; declared, That on the 10th of May, May, having been previously applied to by the Marshal of the King's Bench Prifon for a guard, he came into St. George's Fields, where a detachment of one hundred men, properly officer'd, and under the command of Col. Beauclerk, had been ordered. Here the mob were exceedingly riotous; and Mr. Gillam tells us, that he himself was feveral times ftruck with a variety of miffile articles. A paper had been stuck up against the prifon, which seemed the raving of fome patriotic bedlamites, and in fix lines, as ftupid as they were feditious, talked about liberty being confined with Mr. Wilkes, and defiring all good Englishmen to pay their daily homage at the place where thofe invaluable bleflings were lodged. This paper had been taken down by the conftables, a circumftance, which gave the generous affertors of freedom incredible offence, and they roared out, with the moft public-fpirited vociferation, "The paper, The paper, Give us the paper." Mr. Gillam anfwered, that if any perfon there would claim the property of the paper, it fhould be immediately reftored, and gave it into Mr. Ponton's hand, before the rioters, to keep till fome-body should he bold enough to make fo particulara demand. This enraged the populace ftill farther, and a patriot in two dirty red waistcoats, but without any coat, diftinguishing himself very much in throwing ftones at the magiftrates, the contables received orders to apprehend him : in this fervice they were affifted by Mr. Murray, the enfign on duty, and five or fix grenadiers. The fellow, feeing their intention, immediately fled, and was purfued by the grerudiers. Heefcaped into a cow-houfe, and shut the door after him; but the foldiers ftill continued their purfuit, and in a little time the report of a mufquet was heard. In a few minutes after they returned, and Peter Mac Cloughlan, with an air of great concern, and a tone of much diftress, informed Mr. Murray that his piece had gone off accidentally, and that a man was killed. "Damn you (replied Mr. Murray) who gave you orders to fire ?" Nobody (anfwered Mac Cloughlan) it went off entirely by accident."---This circumstance Mr. Gillam fwears he took particular notice of, because the man feemed greatly affected, and teftified every natural fign of concern and humanity. To account for the unhappy fate of the poor youth, who fell on this occafion, it will be now neceffary to tell the reader, that the cowhouse, so often mentioned, has three doors or gates, one at each fide, and another at one of the ends. The fellow in the red waistcoat got in at a fide door, and is fuppofed to have escaped the oppofite way, Juft at this unfortunate crifis young Mr. Allen (who was also in a red waistcoat) entered at the door out of which the giater had fled; fo that when the foldiers open ed the door nearest to them, they found a perfon in a red waistcoat, and this perfon was fhot by Mac Cloughlan, as he himfelf confessed, but whether by accident or defign is not at all neceffary to the prefent object of enquiry: the enquiry now is, Whether Mr. Allen was thot by Maclane? or, Whether he was not? Mr. Gillam fwears peremptorily that Maclane is not the man who made the confeffion alluded to, and corporal Neale, with ferjeant Earle, ferjeant Steuart, and several private men, who were that day in St. George's Fields, and fome of whom were likewife at the cowhouse in pursuit of the rioter, either declare, that they heard Mac Cloughlan's own acknowledgement of the fact, or fwear that Maclane did not enter the cowhoufe at all. One of the private men particularly, James Hide, fays he was in the cowhoufe when Mac Cloughlan's piece went off; and adds, that there was, at that time, nobody in it but the deceased, Mac Cloughlan, and himself. This is not all, many of the military wit neffes fwear that they can eafily tell, by looking at a mufquet, if it has been newly discharged, and they exprefs themselves with certainty, that Maclane's was not difcharged at all on the 10th of May, it was bright, polifhed and unftained; whereas, had it been ufed, it would neceffarily retain a fmoaky dirty appearance, which requires fome time, as well as cleaning, to remove. To this they add, that Mac Cloughlan, from an apprehenfion of confequences, has actually deferted; a ftep, which they infer would be utterly needlefs, if Maclane was the person who committed the fact in difpute. The evidence for the profecution, however, took notice, that Maclane's mufquet was particularly examined, and that he was even ordered from the ranks, upon a prefumption, as they imagine, that the officers themselves were fatisfied he was the perfon by whom Mr. Allen had been killed. But this circumstance is very well accounted for on the other fide; where feveral of the witneffes prove, that after the accidental discharge which Mac Cloughlan mentions of his piece, and the unhappy confequence, Mr. Murray, the enfign, obferving Maclane's mufquet on a full cock, reproached him with negligence, and took the piece out of his hand to look at; Maclane mentioned in his excufe, that his flint was too large, and that if he kept it upon a half-cock, he should lofe all the priming from his pan. Some people feeing this tranfaction and, hear ing Maclane reproached, concluded he was the perfon who had shot Mr. Allen; their conjecture quickly opened to conviction, and they pointed him out as a murderer --the officer, therefore, thought it necellary, for the man's fecurity, to remove him from the ranks, but finding him more hable to danger then, than when Authentic Lift of the Grand Jury at Guildford, &c. when he was with the corps, he ordered him to his former ftation. However, as he was pofitively fworn to, the military were forced to give him up, notwithstanding their consciousness of his innocence; and Mr. Gillam, as a magiftrate, was obliged to receive the charge, notwithstanding he was fo perfectly acquainted with Mac Cloughlan's declaration. Such was the general fcope of the evidence on this remarkable trial. The venerable judge, before whom it was brought, fummed up the examination of the various witnefles with candour and perfpicuity, but declined faying much from himself, as the queftion did not turn upon any difficult points of law, but was a fimple argument of fact. The jury withdrew, and in about an hour returned with a verdict of NOT GUILTY, highly to the fatisfaction of every difpaffionate auditor. Mr. Wilkes was not examined on the above 75 *John Rowlls, efq; of Kingston, receiver- Samuel Hurlock, efq; of Efher. Sir Fletcher Norton was fummoned on the grand jury, but not being in the county, Jobs Middlemarfb, efq; (who, it is faid, had never been fummoned) was fworn in his room. There were feveral prefent who had been fummoned, but the law not admitting more than twenty-three on the grand jury, they could not ferve. To the PROPRIETORS of the OXFOR MAGAZINE. GENTLEMEN, trial as a witness, but privately, by the grand LET us give honour where honour jury. An authentic Lift of the late Grand Thofe marked thus are the Perfons who would Sir Francis Vincent, bart. of Stoke D'Abernon, Sir Jofeph Mawbey, bart. of Botlies, member for Southwark. * George Onflow, efq; member for Guildford, * Jeremiah Dyson, efq; of Stoke, fecretary of George Woodroffe, efq; of Poyle. Samuel Plumb, efq; of Tooting, alderman of * Richard Hotham, efq; of Merton, a con tractor for the army. Edward Garthwaite, efq; of Shackleford. John Vincent, efq; of Beach-hill. William Gill, efq; of Eafhing. due. To thee, O Guildford! belongs the palm of glory. Thou art the feat of inwhole world can equal thee in just and imcomparable justice! For what place in the partial judgment? or can produce fuch fhining inftances of penetration and integrity in either condemning or acquitting? As to the first, thy fentence of two years imprisonment 45 upon a perfon's coat, will never be forgot, upon a man, for the crime of chalking No. but remain a monument of thy unexampled juftice for ever; and as to the laft, thy acquittal of the Scotch foldier for the murder of young Allen, on such unbiassed and inconteftible evidence, as proved to thee, that the foldier was not the man he had owned himself to be, will render thy name famous, for clear and uncorrupt judgment, to all future ages. O would but every other feat of justice copy thy glorious example, what a happy people should we Englishmen be! And how fafe and fecure would be our lives and properties! Your's, &c. PHILO-JUSTITIÆ. P. S. The S------ at W---punctually kept his promife to the foldiery, as exprefs'd in his letter of thanks to them. O happy Scotchmen! these are your days of triumph. To the PROPRIETORS of the OXFORD GENTLEMEN, I Am a great admirer of juftice, and cannot let any remarkable inftance of it pafs by without applaufe, and doing honour to its author: in order, therefore, to perpetuate the Philip Carteret Webb, efq; of Buíbridge, of amiable memory and equitable fentence of that famous memory. George Udney, efq; of Thames Ditton, Daniel of Guildford, who ordered the man to be imprifoned two years and to find fecurity for his good behaviour for feven years, after, for the horrible crime of chalking No.45 upon a perfon's coat, I would propofe, that the name name and face of that admirable difpenfer of Your's, &c. P. S. Such an extraordinary inftance of juftice deferves all the thanks and honours, which Englishmen can poffibly pay; and it is hoped, they will not be ungrateful. Upon farther confideration, I think, if the crime and fentence were alfo written under the name and face of that juft and equitable Daniel, it would ftill do him more honour. REMARKABLE ADVERTISEMENTS, &c. MR. de St. Saulieu, who had the honour to be appointed furgeon-dentift to his excellency the lord lieutenant, and to the state of this kingdom, having recovered from his late indifpofition, attends his bufinefs with the greatest diligence as ufual, at his lodgings the corner of Stephen's Green. To prevent any difappointment, he humbly requests that the nobility and gentry, who are pleafed to employ him, will leave their commands the day before. Faulkner's Dublin Journal, July 26. the Dublin Mercury, of the 16th inftant, mentioning feveral timber-trees and other articles to be fold at Friemleftown in the county of Meath, on the 8th of Auguft next: This is to caution all thofe whom it may concern, not to buy any thing but what my lord FriemJeftown has a right to fell, as I am advised that lord Friemleftown, MY FATHER, is tenant for life, and as fuch, has no right to fell any timber-trees; and as I have refolved to put the law in force against any person that will make any bargain contrary to my intereft. Dublin, July 19, 1768. THOMAS BARNEWALL. Faulkner's Dublin Journal, July 30. The following Method of advertising Charity in London. A CHARITY SERMON. This is to give notice, That on Sunday the 7th day of Auguft, a fermon will be preached in the parish church of Monkstown, in the county of Dublin, by the right rev. Edward Young, lord bishop of Leighlin and Ferns, and a collection then made to fupport a charity working-school in that parish, &c. Contributions to encourage this charity will be most thankfully received, and are most humbly desired, by the rev. Mr. Thomas Henry, minifter of the parish, and by the right hon. lord viscount Ranelagh, Luke down Fleet-Street, up Ludgate-Hill into Ludgate-Street, from thence acrofs Pater-nofterrow, and fo on to St. Martin's le Grand, to or near Cripplegate, (where the gentleman had the fatisfaction of speaking to her) is defired to get the confent of her friends to let him know where the lives. The gentleman has fome honourable propofals to make to the young lady, and as this is the cafe, he would not, nor will not, prefume to act in a clandeftine manner; and humbly hopes that this advertisement will be answered, by fending a letter directed to Mr. Salter, at Knight's Coffee-house, &c. Daily Advertifer, Aug. 2. Paddington, August 2, 1768. WHereas fundry perfons have of late, with out my confent or knowledge, been fishing in feveral ponds on my eftate, and have impofed on my fervants, by telling them, in my abfence, that they had my leave: This is therefore to inform all perfons, that whoever fhall be detected fishing in any of the faid ponds, without leave under my own hand, from the date hereof, fhall be profecuted as the law directs. Daily Advertiser, Aug. 2. As no other name appeared to the above advertisement, it is prefumed the gentleman's name is Paddington; and if that be the cafe, it would be proper to point out where his ponds lie, that the public may avoid fishing in them. WANTS a place, a young woman, who finds it fo difficult to get a lady's place, they all require fo many impoffibilities from their maids, that the intends trying her fortune among the gentlemen; therefore would be glad of the honour to serve any single gentleman as houfe-keeper; the can be well recommended from her laft place. Whom this may fuit, please to direct by the penny-post for S, K. &c. Daily Advertiser, Aug. 5, Marcer, efq; and by John Malpas and Ralph AT the late affizes at Guildford, a magi Ward, efqrs. church-wardens, THE young lady dreffed in a black nightgown, with a letter in her hand, who was followed on Friday evening laft by a gentleman ftrate for the county of Surry fent a note to town couch'd exactly in manner and form following: "Send me the ax Re Latin to a Guftus of Pease." The above is an undeniable teftimony that the learning of feveral mo dern POETICAL dern juffices can be equalled only by their humanity. Public Advertiser, Aug. 17. YEfterday were married in the parish church of Hendon, in the county of Middlefex, by the rev. Mr. Aldrich, ten young couple belonging to the faid parish: to each of the brides was given a wedding ring of ten fhillings value; to each couple ten fhillings more for their wedding dinner; for the purchase of fume useful neceffaries towards houfe-keeping, forty fhillings; and the expences of the marriage-fees defrayed for them: and in order to promote and encourage population, to each couple, at the expiration of two years, upon producing a healthy child twelve months old, will be given the further fum of two guineas; and at the end of three years, upon producing a fecond healthy child, they will receive a gratuity of three guineas more. To each couple was given, being a donation from another hand, a tract called, The whole Duty of Man; and every other couple that shall be married by banns in the faid church, will be entitled to the faid donation, fecured by will for ever. Gazetteer, Aug. 22. General Paoli has obliged all the Corficans take the following Oath: WE, &c. do fwear and call God to wit nefs, that we will fooner die, than enter into any treaty with the republic of Genoa, or submit again to its dominion. If the powers of Europe, and particularly France, have no pity for us, but will arm them felves againft, and endeavour to crush us, we will repel force by force; we will fight like defperate people, who are refolved to conquer or die, till our forces are entirely exhaufted, and our arms fall from our hands; and at laft our defpair fhall fupport us to imitate the courage of the Sagun tines, and fooner throw ourselves into the flames, than fubmit to the infupportable and tyrannical yoke of the Genoese. Daily Advertiser, Aug, 23. POETICAL To the PROPRIETORS of the GENTLEMEN, IF the following epiftle coincides with the plan of your publication, it is at your fervice; and if you think proper to infert it, you fhall (upon fignifying your approbation) hear ED. CHRISTI OLIM ALUM. further from Tyndaridos titulo digna puella frui. Ornabit Thalamos quæque camæna tuos: Et Phoebus docto pollice tanget ebur : Atq; aderit lecto gratia quæq; tuo. ESSAY S. Hîc aula eft. Phobi, Pieridumq; domus. Reginam Cirrhæ dedecus effe putas? Jungetur veftris Pegasus ipfe rotis. |
