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bin, where I staid by him until he expired, about an hour and a half."

Mr Hammick produced three slugs, which he found in the body of the deceased after he was brought on shore.

Mr Coombes, midshipman, stated, that after the prisoner came below, he saw him sitting, leaning on his elbow; he spoke to himself, and said, "What am I broke for? I will be revenged;" and knocked his hand on the table. He took the pistol from a side chest close to the bulk-head, and ran up the ladder.

time spent in prayer, he took leave of the clergyman, made the usual signal, when the fatal bow-gun was fired, and he was run up to the fore-yard-arm, and launched into eternity. After hanging an hour, his body was put into a shell, and conveyed to the Royal Naval Hospital for interment.Smith was a native of St Croix, in the West Indies; his father British, his mother a native of the island. It is hoped his melancholy fate will operate as a serious warning to other inferior officers in the Royal Navy, how they give way to passionate revenge, when reprimanded by their superior officers for neglect of duty.

Capt. Balderston was only 25 years of age, an excellent officer, and greatly beloved by his officers and men.

The evidence for the prosecution being closed, the President asked the prisoner what he had to say? Prisoner" I have no witnesses, and I do not see what use it will be for me to make any defence; I leave it to the Court to judge as they think proper." On this the Court was cleared, and, after having deliberately weighed the evi- DRURY LANE THEATRE DESTROYED BY dence in support of the charge, was of opinion it was fully proved; and adjudged him to be hanged by the neck until he was dead, at the yard-arm of one of his Majesty's ships, and at such time as the Right Hon. the Lords Commissioners of the Admiralty shall please to direct.

The doors being opened, and the audience re-admitted, the sentence was pronounced accordingly; after which RearAdmiral Sutton addressed the prisoner as follows:-" After the solemn and awful sentence just pronounced upon you, for the foul murder of your captain, manifesting, by the nature of the act, a mind of the most depraved assassin, you cannot expect mercy, even from the unremitting humanity of a benevolent Sovereign: therefore, for the remaining period of your existence in this life, lose not an instant in preparing yourself, by every possible means, for the awful tribunal before which you must soon appear

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On Monday, Dec. 26. the execution of this unfortunate man took place on board the Parthian, in Hamoaze, Plymouth. At eight o'clock in the morning, the signal of a yellow flag was hoisted on board the flagship, and repeated by a gun and a similar signal from the Parthian. A boat, manned and armed, was sent from each ship to attend round the Parthian. Mr Smith had been extremely penitent since his conviction, and was employed in prayer the whole of the preceding night, with the chaplain of the Salvador del Mundo. At eight o'clock he received the sacrament, and at nine, attended by the provost marshal, with a drawn sword, ascended from his cabin, accompanied by the clergyman, to the plat

form on the forecastle of the Parthian.Two double-headed shot were then suspended round his ancles, and, after a short

FIRE.

To the destruction of Covent Garden

Theatre by fire, (see vol. 70. p. 870.)

we have now to add the destruction of Drury Lane Theatre, on Friday, Feb. 24. by the same cause; and thus, within five months, the two great theatres of the metropolis of London have been burnt-one of them, the theatre of Drury Lane, for elegance of design and decoration, for the lightness and yet the solidity of its structure, for the beauty of the coup d'œil which the interior of the theatre presented, unparalleled perhaps in Europe.

The fire began in what was called the Chinese lobby, that is, the lobby underneath the grand lobby which faced Brydges Street. This Chinese lobby was the second entered going into the Theatre from Brydges Street; it was usually but ill-lighted, and from it ascended two stair cases to the main passages and lobbies level with the back of the front boxes.. According to the original plan of the Theatre, this Chinese lobby was intended to be surrounded with shops, for the sale of various articles, such as gloves, fruits, &c. This lobby was nearly ready, the varnishers were at work rather late on Friday night, and from negligence the fire happened. How it happened is not exactly known; but it is known that the varnish caught fire, and that almost instantly the whole Theatre was in a blaze, the varnish being such combustible matter, newly laid on the walls, and much of it lying about; though the fire was

immediately discovered by a gentleman of the name of Kent, passing in Brydges Street, yet there was no possibility of getting it under. No performance having taken place that night, it being Oratorio night, there was but one watchman or two and a porter in the house; and as the fire began at the most remote part from their usual stations, it had acquired an unconquerable height before they were aware of its having begun. The supply of water on the top of the Theatre was quite useless, the flames being up there as soon as any person could have reached the roof, and the iron curtain, which, in case of fire, it was intended to drop in the centre of the house, at the front of the stage, thus to save one half of it at least, had been found so rotten, and the machinery so impracticable, that it had been removed.

In less than a quarter of an hour the fire spread in one unbroken flame over the whole of the immense pile, extending from Brydges Street to Drury Lane, so that the pillar of fire was not less than 450 feet in breadth. It is impossible for the mind to conceive any thing more magnificent than this spectacle, if the idea of the horror and ruin which it brought on the sufferers could have been separated from the sublimity of the object. In about thirty minutes after its commencement the Apollo on the top fell into the pit, and soon after the whole of the roof also fell.-Mr Kent, accompanied by two others, proceeded by way of the stage to the spot on fire, and at that time it was confined to the saloon under the coffee-room which fronts Brydges Street. In a very few minutes the whole of that part of the Theatre, together with the front row of boxes, were on fire, and the rapidity of the flames was such, that before twelve o'clock the whole of the interior of the Theatre was one blaze. A the suggestion of a gentleman present, Mrs Jordan's dressing-room was broken open, and her bureau, the looking glasses, &c. were conveyed away. The treasury was next looked to, some gentlemen present having directed the attention of about a dozen persons, who were in the house, thither, and all the books, papers, &c. were conveyed away to the houses of Mr Grubb, Mr Rowley, in Russel Street, and Mr Kent, of

Tavistock Street. These books and papers, with the articles from Mrs Jordan's rooms, were the only things saved. The persons interested in the Theatre speedily arrived; but these, together with the performers, were in time to witness the destruction of the property. At this moment Mr Peake, the treasurer, arrived, in a state of agi. tation not easily to be described, and, against the repeated advice of his friends, resolutely went to the treasury, and succeeded in getting away other private papers. The Theatre was at this time left to its fate, and the appearance was awfully and tremendously grand. Never before was beheld so immense a body of flame, and the occasional explosions that took place were awful in appearance beyond description. The interior was most completely destroyed by one o'clock.

When the leaden cistern fell in, it produced a shock like an earthquake, and the burning matter forced up into the air resembled a shower of rockets and other artificial fireworks. Some of the houses partially caught fire in Russel Street; but the engines, with a plentiful supply of water, continued to play on the houses contiguous to the Theatre. The advantage of having a great public structure of this kind in an insulated situation was apparent upon this awful and melancholy occasion. Although the engines could not arrest the progress of the flames in the Theatre, they were able to play upon the surrounding buildings, and thus saved the neighbourhood from destruction. In contemplation of fire, there was a reservoir full of water on the top of the building, which fell in. Of its quantity, and that supplied by the engines, some idea may be formed from the appearance of the street, in the vicinity. The whole line from the Theatre down to St Clement's Church, which had been perfectly dry only an hour before, was scarcely passable at two o'clock, from the depth of water upon it. Neither the burning of Covent Garden Theatre, nor the late fire at St James's Palace, can be compared, interrific grandeur, with the fire of Drury Lane. The Thames appeared like a sheet of fire,

Several Members of Parliament quitted the House of Commons and went upon Westminster Bridge, to view the flames,

which, from that point, présented a spectacle more sublimely terrific than any that has been witnessed in the capital since the fire of 1666. Those who recollect how beautiful and conspicuous an object the Theatre appeared from the Bridge, may form some conception of the awful spectacle it exhibited. The night was uncommonly fine, and the body of the flames spread such a mass of light over the metropolis, that every surrounding object glittered with the brightness of gold. About half past twelve parts of the outward walls, both in Russel Street and Vinegar Yard, fell down, and completely blocked up the passages. At three o'clock the flames had nearly subsided, and that once magnificent structure presented to the view nothing but an immense heap of ruins. At five o'clock the flames were complete y subdued.

The building of the Theatre cost 200,000l. Of the immense property of all sorts, in scenery, machinery, dresses, decorations, music, instruments, plays, &c. of which nothing was saved, no estimate can be formed.

If the Theatre cost 200,000l. in building fifteen years ago, it cannot now be rebuilt for 300,000l. It was insured only for something more than forty thousand pounds, in the following offices :5000 British, 6500 Eagle, 13,000 Imperial 6500 Globe, 10,000 Hope,

41,000

On Saturday morning, about three o'clock, one of the fragments of the wall in Russell Street, in falling into the street, killed a poor man, who was indiscreetly standing at a door opposite to the place. Another person was wounded, but not severely. The walls fell to the ground, at intervals, as the fire consumed the timbers in their centre; but the danger was visible from the cracks, and they generally fell inwards. Thro' the whole night, however, the tottering fragments hung in the most tremendous form, and raised the most lively atten tion of the spectators who watched their fall.

On Saturday evening, at six o'clock, the wall at the east end fell with a tremendous crash on the side next Drury Lane.

A high paling fence has been properly erected round all the avenues to protect the passengers from further accident. March 1809.

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FATAL DUEL.

On Tuesday morning February 28, about nine o'clock, a meeting took place at Chalk Farm, between Lord Falkland, a captain in the royal navy, and Powell, Esq. of Devonshire Place, an intimate friend of nis Royal Highness the Duke of Clarence. They were attended to the ground by two friends not known. The distance of ten paces being stepped, and the pistols loaded by the seconds, the parties took their ground, when, by etiquette, Mr Powell be ing entitled to the first shot, his ball fatally entered the right groin of Lord Falkland. He was attended by Mr Heaviside the surgeon. The cause of this fatal duel arose from, as it is said, a misunderstanding that took place the night before at Stevens's hotel in Bond Street, from Lord Falkland's

addressing Mr Powell by the familiar appellation of Poggy; on which the latter expressed much displeasure, remarking" that he had not the honour of being sufficiently acquainted with him to entitle his Lordship to take so great a liberty." This drew from Lord F. a sarcastic reply, accompanied by some threats; on which Mr P. rejoined, that "he had that in his hand (meaning his stick) which would defend him against any menace, even from a Lord." Lord F. on the instant snatched

a cane from some Gentleman in the room, and, as it is reported, struck Mr P many severe blows with it. Mr Powell has always been esteemed, by a numerous body of most respectable friends and acquaintance, as one of the best tempered and most inoffensive men that exists. After the duel, Lord Falkland was conveyed to the house of Mr Powell in Devonshire Place, in the latter gentleman's carriage. Lady Falkland was kept ignorant of this calamitous event nearly the whole of the day, at her apartments at Durant's Hotel, from no friend having sufficient fortitude to impart to her the melancholy event. About seven o'clock in the evening, however, she received some information respecting it, and proceeded, with her children, to Devonshire Place, to visit his Lordship. An operation was attempted to be performed next day, for the purpose of extracting the ball, but we understand it failed. His Lordship languished in great pain till two o'clock on Thursday morning, when he expired, to the great grief of his Lady and infant family. His Lordship acquitted Mr Powell of all blame in this fatal rencontre, declaring that he alone was in fault. Lord Falkland was esteemed an extremely active officer. He was pleasant and lively in company, but yielded too much to convivial excess, which occasioned his dismissal from the command of the Quebec frigate in Sept. 1807.

On the 27th of January a sudden thaw took place, which produced effects in the streets of the metropolis of Lon don, and the roads in the neighbour hood, which have been scarcely paralleled at any former period. The water produced by the melting of a vast quantity of snow rendered some of the roads quite impassable, and the torrents which have thus been caused have done great damage. At Battle-bridge, Gray's Inn-lane road, the water rushed into the houses, and the inhabitants were forced to fly to their upper stories for protection; the Kensington road could only be passed with great difficulty by carts. In Dorset Street, Portman Square, the common sewer was blown up, and left a dreadful chasm. In the houses in the neighbourhood of Kensington and Vauxhall, a torrent of water rose, which in its progress carried away furniture, trunks of trees, cattle, &c. and has destroyed a great number of bridges. The Clapham road was rendered quite

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impassable; several houses in that line were completely insulated by the water, and the inhabitants unable to obtain provisions, or to get out of their houses, for two days.

Accounts from different parts of the country state a variety of accidents from the inundations occasioned by the above sudden thaw. In Bedford Street, Walcot, near Bath, several houses were undermined by the force of the water, fell down, and buried the inhabitants, amounting to about ten, in the ruins. A number of bridges were carried away; and corn stacks, hay ricks, cows, pigs, &c. swept down the river. At Eton, and the lower parts of Windsor, the inhabitants were obliged to take shelter in the upper stories, the lower being inundated. Much damage was also done near the river-Chelsea, Lambeth, Deptford, &c. have suffered much. The roads, in many places, were impassable, and the mail-coaches stopt.

Scottish Chronicle.

COURT OF SESSION, SECOND DIVISION. sel for the parties, the Lord Justice

Feb. 11. 1809.

OME time since, some of the Edin

Clerk stated to the Court, that a paper was appended answers for the

Sourgh lodges, or at least a considerable suspenders, derogatory to the dignity of

number of the members of these lodges, withdrew themselves from the Grand Lodge of Scotland; in consequence of which the Grand Lodge had issued denunciations against the private individuals who had so seceded, and expelled them from all masonic privileges.

The question now before the Court originated in bills of suspension, presented in name of certain individuals, who had been appointed by the Grand Lodge as the legitimate office-bearers of these lodges, against the others who had seceded, praying the Court to interdict these persons from meeting as masonic bodies. The lodges are Mary's Chapel, Canongate Kilwinning, St Andrew's, St David's, and Caledonian. The interdicts had been granted by Lords Newton, Glenlee, and Cullen, whose judgments were now brought under the review of the Court.

Before proceeding to hear the coun

the Court. He alluded to a letter from Lord Moira to the Substitute Grand Master Mr Inglis, and which not only stated, in forcible terms, the private opinion of that nobleman, but contained also the opinion of his Royal Highness the Prince of Wales upon the merits of this question. This production his Lordship conceived to be highly indecent and improper, as it seemed to be brought forward with no other view than to influence unduly the decision of the Judges. That upon a former occasion of this kind, where an attempt had been made to influence the opinions of the Judges, it was upon record, that the Court had interfered in a very decided manner; and could he imagine or suppose for a moment (what he well knew to be impossible,) that his Royal Highness, or Lord Moira, had given their authority for the pretended production, it would be incumbent on the

Court

Court to act as their predecessors had done on that occasion, by ordering the documents in question to be burnt by the hands of the common executioner, and by granting warrant of commitment; but he was well aware, that no such proceedings were, or could be, sanctioned by his Royal Highness or that distinguished Nobleman; on the contrary, the letter in question seemed to be a confidential letter from Lord Moira to Mr Inglis. Blame, therefore, could only attach to the agent in the case; and his Lordship concluded by moving that he be ordered to attend at the bar on Tuesday next.

Counsel were then heard for the parties, viz. Mr Hume, at considerable length, for the seceding lodges, and the Hon. Henry Erskine and Mr Clerk for the suspenders. The action was laid upon an act passed in the year 1799, entitled An act for the preventing of seditious meetings;' and it was contended by Mr Hume, that, ist, The applicants had no patrimonial or substantial interest in this case, and consequently no title to pursue; 2dly, That the act did not apply, his clients having been qualified before the clerk of the peace, in terms applicable to masonic lodges; whereas, by a certificate he produced, the Grand Lodge of Scotland itself never had complied with the terms of the act, nor qualified in terms of law.

The Court was of opinion to remove the interdict, and passed the bill, that the rights of parties might be farther inquired into.

February 14.

This day the agent for the suspenders, Mr D. Murray, W. S. attended at the bar of the Court; but before farther procedure, Mr Inglis, Substitute GrandMaster, begged to be heard. He stated, that no blame could at all attach to Mr Murray, on account of the production in question. He was ready and willing, if blame attached to any person, to take the whole responsibility upon himself. He had received the letter in question from the Noble Lord, in his official capacity of Grand Master, and had accordingly laid it before the Grand Lodge of Scotland. Forming, therefore, as it did, a part of the record of the Grand Lodge, he submitted that it was a proper production in this question, A minute was then given in and read, for

Mr Murray, and Mess. Clerk, Greenshiels, and the Hon. Henry Erskine, were severally heard, each of whom acknowledged their advice had been given to produce the letter complained of.

It was stated from the Bench, that certainly every idea of an improper mo tive upon the part of the gentlemen at the bar, was done away by the expla nation that had been given; but still the Court were of opinion, that if parties were allowed to make such productions in a Court of Justice, containing the opinions of private persons, far less that of the greatest subject in the state, and heir apparent to the Crown, it might tend to very dangerous, consequences indeed. The Court therefore ordered the letter in question to be withdrawn from the process, and all statements from it to be expunged from the record.

SIR JOHN MOORE.-On Wednesday Feb. 15. at a meeting of the inhabitants of Glasgow, called by the Lord Provost, it was unanimously agreed to erect a monument to the memory of their everto-be-lamented and gallant townsman, Sir John Moore, K. B-A sum exceed ing 1500l. was immediately subscribed. The subscription already amounts to upwards of 3000l.

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Mrs Moore, mother of Gen. Moore, has most generously sent to the Treasurer of the Royal Infirmary in Glasgow one hundred guineas, as a small testimony of the high sense she entertains and the gratitude she feels to the Lord Provost, Magistrates, and the inhabi tants of her native city of Glasgow and neighbourhood, for the honour already shewn, and still more what is intended to perpetuate the memory of her beloved son."

On the 22d of February Robt. Stewart, for house-breaking and theft, was executed at the West End of the Tolbooth of Edinburgh, pursuant to his sentence. He was assisted in his devotions by the Rev. Dr Baird and Mr Porteous, chaplain to the jail, and met his fate with penitence and resignation.

John Macintyre and Andrew Stewart, convicted at the same time with Robert Stewart, and Rachael Wright for childstealing, have all received his Majesty's most gracious pardon, on condition of being transported for life.

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