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that the enemy's ships are so closely hauled up into a small harbour, as to be out of his reach; but that he had applied to General Beckwith, the Commander in Chief, to land a body of troops on the island, to attack them on the land side, when he had no doubt they would either surrender, or be taken.

Exclusive of the destruction of the fleet in Basque roads, we have been extremely successful of late in capturing some of the finest frigates in the French navy, in single action, and in different quarters. The following account of these successes may gratify our rea. ders :

Le Topaze. On the 22d of January, the Cleopatra frigate, Captain Pechell, while cruizing off Guadaloupe gave chace to a strange ship, which immediately hauled close in shore, and anchoring under a small battery off Point Noir, secured her by springs upon her cables, and others made fast to the trees on shore. About five P. M. the Cleopatra had got within a cable's length of the shore, and half musket shot of the enemy, when his firing commenced. The Cleopatra, finding she could not close without dan ger of being raked, was obliged to anchor in 6 fathoms water, when she returned the enemy's fire, which fortunately very soon cut away his outside spring, when he swung on shore, with his head towards the Cleopatra. This situation the latter so effectually preserved, that the enemy never afterwards got more than half his broadside to bear. The action continued thus for 40 minutes, when the Jason and Hazard came up, the former placing herself on the enemy's starboard quarter, and firing her bow guns, while the Hazard attacked the battery. The enemy finding any further resistance useless, hauled down his colours. She proved to be the French frigate le Topaze, carrying 48 guns, 18, 24, and 36 pounders, with a complement of 330 men, and command. ed by M. Lahalle ;--had been out from Brest 47 days, bound for Cayenne, with 100 soldiers and 1100 barrels of flour on board. The enemy had 12 killed and 14 wounded; about one third of his crew took the water, and several were either killed or drowned in making their escape. The Cleopatra's masts and rig

ging were much cut, but she had only two men killed and one wounded.

La Junon. On the 10th of February, the Horatio frigate, of 38 guns, Captain George Scott, fell in with a large French frigate, out four days from the Saints, bound to France, when, passing on op posite tacks, a close action commenced. The Captain and first Lieutenant Manly Dixon were severely wounded early in the action, and obliged to quit the deck;-but the battle was nobly sus tained by the second Lieutenant, the Hon. George Douglas, who gallantly fought the ship for an hour and 35 minutes. The enemy having from the beginning pointed his guns high, the Horatio was reduced to a complete wreck in masts, sails, and rigging. In this situation, the enemy attempted to get off; but the Latona English frigate coming within gun-shot, and firing a few guns, which the enemy returned, and wounded six of the Latona's men, she immediately brought to on the starboard tack, and every mast went by the board. She proved to be la Junon, of 44 guns, with 323 men, commanded by M. Augustin Rousseau, a member of the legion of honour, who was mortally wounded, and expired soon after the action. The enemy had 47 men killed, and 83 wounded, and besides the loss of all her masts and rigging, had her hull terribly cut up. La Junon had been a remarkably fine ship, only three years old, and had never been at sea till she left France about three months before the action. The Horatio suffered but little in her hull, had seven seamen killed, 13 badly wounded, (besides the Captain and Lieutenant Dixon,) and 10 seamen and marines slightly wounded.

Le Niemen.-On the 5th of April, the Amethyst frigate, Capt. Seymour, fell in with another French frigate, 42 leagues from Cordovan light house, which she lost sight of in the night. At one in the morning of the 6th, she again came up with her, and a severe action began, which continued for two hours, when the enemy's main and mizen masts fell overboard. The Arethusa at this time came up, and firing a few guns, the enemy struck his colours. She proved to be Le Niemen, a fine new French frigate, copper fastened, mounting 44 guns, with 319 men, out only two days from

Verdun roads, and bound to the Isle of France with naval stores, co by M. Dupotet, who defended with great resolution and ability. The prize's foremast fell the day after the action, when she was taken in tow by the Arethusa. She had 47 killed and 73 'wounded. The Amethyst's main and mizen masts fell at the close of the action, and she had 8 killed and 37 wounded. She was short of her complement two officers and 37 men, who had been sent away in prizes, and had 69 prisoners from these on board.

La Nouvelle Gironde, a noted privateer of Bourdeaux, is taken by his Majesty's sloop the Parthian, Captain Harward, after a chace of 36 hours. La Nouvelle Gironde is a fine copper-fastened brig, commanded by M. Lecomte, mounting four twelve and ten four-pounders, with a complement of 36 men, (58 on board) out 45 days. She was chased, during the last cruize, by 12 different men of war, none of which had the smallest chance of nearing her.

We are concerned to announce the loss of the Alcmene frigate, of 32 guns, Captain Tremlett, upon the coast of France, off Nantes. She was going up the Loire to reconnoitre, but she struck upon a shoal and bilged. The officers and crew, with part of the stores, have been saved, and brought to Plymouth in the Amelia frigate. The wreck of the Alcmene was set on fire, to prevent its falling into the hands of the enemy.

On the 6th of March, one of the transports belonging to Gen. Sherbrooke's expedition (the Prince George) ran down an American bark in the night. The Captain, of the name of Mason, and his crew, jumped on board the transport, except one man, who was asleep below. The transport had just cleared herself of the wreck, when, in the confusion, the Prince George ran on board the Isis frigate, and remained some time athwart hawser, when the mizen-mast was carried away. The soldiers and crew of the transport attempted to jump on board the Isis; Colonel Hulse, Capt. Christie, and about 50 of the Coldstream Guards, succeeded in getting on board; but Ensign Long, and two or three privates, fell overboard and were drowned. Captain Mason and crew, of the American, succeeded in getting safe on board the Isis.

May 1809.

DREADFUL FIRE IN LONDON. broke out, at nine

A dreadth May, in a warehouse

o'clock

at Dice's Quay on the eastern side of Billingsgate. The flames communicated to the shipping in the Thames, and, it being low water, all efforts to save the vessels on the spot were ineffectual, they being a ground. A sloop, laden with cheese, butter, and spermaceti oil, from Deal, which had arrived at the quay in the morning, caught the flames, which communicated to the brig Zealous, 250 tons burden, from Hull, which was nearly laden. 20 tons of currants had been shipped on board the week before. She was entirely burnt to the ground. The Britannia, a Margate hoy, also took fire. It destroyed her rigging and part of her stern. She was set a-drift by the explosion of some gunpowder that was on board the sloop, and this saved her from being entirely consumed. Three barges and three water. men's hoys were also completely destroyed. The river engines had a wonderful effect in saving the rest of the small craft. Attwelve o'clock the flames had nearly reached the Gun Tavern and Billingsgate Dock, as well as the surrounding warehouses; but they were saved by the activity of the land engines, which played with great effect against the warehouses at Billingsgate Dock, the cranes of which had nearly taken fire. The flames raged with great fury until five o'clock next morning. The concourse of people, who collected on London Bridge, was so great, that it was impassable. The stores in the warehouses consisted of rum, brandy, oil, butter, cheese, bacon, &c. Two fire. men were very much hurt." One of them, named Kingman, belonging to the Globe Fire Office, was dreadfully scalded; and Richard Winney, of the Hope, had his knee broken by a cut from a hatchet. We do not learn that any lives have been lost. The damage is very considerable. The Margate hoy was insured, but the sloop and brig were not. The Captains and crew were not able to save any thing. The Margate hoy lies on her beam ends in Billingsgate Dock. It is generally believed that the fire was occasioned by some persons who were stealing liquor from the casks on the quay.

SCOT.

394

CIRCUIT INTELLIGENCE. Ayr, April 19.-LORD HERMAND. WM. Rowan, weaver in Netherton Holm, parish of Kilmarnock,accused of murder, and failing to appear, sentence of fugitation was pronounced against him.

In the case of Robert Carr, weaver in Maybole, accused of sedition, the Court found the indictment not relevant, dis. missed the pannel, but recommended to the Sheriff to take such further stegs therein as might seem proper to him,

William Dornan, blacksmith, and Rọbert Smith, shoemaker, accused of house breaking and theft, were found guilty, and sentenced to be executed there on Friday May 26. They were both Irish. men, and suffered with great composure. Dumfries, April 34.-Lord Hermand.Michael Donelly and James Duffy, late' weavers in Carlisle, accused of uttering forged notes. The jury, by a plurality of voices, found the libel not proven against Michael Donely, who was assoilzied simpliciter, and dismissed from the bar. Duffy was sentenced to be executed at Dumfries on Wednesday the 31st May, but has since received a respite during his Majesty's pleasure.

Robert Inglis and Peter M'Graw, travelling chapmen, accused of uttering counterfeited coin. Inglis, failing to appear, was outlawed; and the diet against M'Graw was deserted, and he was recommitted on a new warrant.

David Hall, accused of sheep-stealing, being unanimously found guilty of stealing one sheep, and by a plurality of yoices, of stealing three sheep, and be ing unanimously recommended to mercy by the jury, was sentenced to fourteen years transportation beyond seas.

David Murray, accused of forging a letter of credit, in order to deceive the trustees on the turnpike roads, was found guilty, on his own confession.— An objection being stated to the verdict of the jury, the same was sustained, and Murray was dismissed from the bar.

Aberdeen, April 19.- Lord Justice Clerk.-Anne Keith, servant to Gordon, Barron, and Co. in Frasersburgh, accused of theft-George Davidson, at Meadow-hill of Strichen, and Margaret Anderson his wife, also accused of theft

and Alex. Cowie, vintner in Banff, charged in like manner, having all failed to appear, sentence of fugitation was pronounced against them.

The Court gave judgement in one William Shearer, a boy of 14, charged case of appeal. with opening a letter committed to his Jedburgh, May 4-Lords Cullen and care, and taking therefrom a one pound Hermand.-William Laidlaw, late Ex-note, pled Guilty. Alexander Morrison, cise officer at Hawick, accused of fraud and imposition; and James Scott, car. ter in Peebles, accused of theft, failing to appear, sentence of fugitation was pronounced against them.

Peter and Adam Cairns, accused of sheep-stealing, and Charles Stuart Mercer, accused of rape, In respect of the absence of some material witnesses, and other circumstances, the diet against them was deserted, and they were recommitted upon a new warrant.

John Johnston and Adam Roger, accused of culpable homicide, were found not guilty, and dismissed from the bar.

Alex. Macdowal, accused of theft, was found guilty, by his own confession, and sentenced to five years transportation beyond seas

late gamekeeper to the Marquis of Huntly, and Hannah Stillman his wife, accused of stealing various articles from Huntly Lodge, also pled Guilty; when all three were sentenced to transportation for seven years.

Robert Elmsly, tenant in Mains of Selatie, charged with the forgery of seven acceptances, was then put to the bar, and pled Not Guilty. Mr Cockburn, Depute Advocate, was proceeding to cali James Forbes, Esq. of Seaton, the first witness, when Mr A. Skene, counsel for the pannel, stated to the Court, that he had a very serious objection to this witness, founded on the following facts:

The prisoner, Elmsly, was a tenant on the estate of Mr Forbes in 1806,

when

when the forgeries were alledged to have taken place. At that time, the bills were put into the hands of Mr An drew Davidson, advocate in Aberdeen, agent for Mr Forbes, and Elmsly ob. tained 351. for them. They afterwards came into the hands of Mr Forbes, and remained in his possession for nearly two years. In 1807, Mr Forbes let another farm to the prisoner; and having, in 1808, prevailed upon him to give up the farm which he first possessed, he proceeded to let it to one Stark. Some disputes, however, occurred between Elmsly and Mr Forbes about the terms on which he was to give up his farm, and he refused to quit till these were adjusted to his satisfaction. In the mean time, Stark become very clamorous for his entry to the farm, and Mr Forbes had recourse to legal measures, in order to remove Elmsly. Having reason to dread, however, that he would fail in these attempts, which has actually since been the case, and Stark threatening him with an action of damages for breach of bargain, a threat which he has since fulfilled, Mr Forbes, and his agent, Mr Davidson, attempted to force Elms, ly into their terms, by threatening him with a criminal prosecution for the forgery of the bills in their possession. Mr Skene proved these facts by a letter from Mr Forbes to Stark, which was only put into his hands after the Court had met that morning, and by several letters from the same gentleman and his agent, addressed to the prisoner; and he concluded by moving, that both Mr Forbes and his agent should be called to the bar, and examined as to these letters, before they could be received as impartial witnesses on the trial of this poor man.

Mr Cockburn expressed his astonish ment at what had been stated, and entirely agreed with the counsel for the prisoner, that Mr Forbes and his agent, who were the chief witnesses, should be examined upon the letters which had, been read; observing, that it would be of more importance to the public to detect and expose a scheme of this kind, than to convict the prisoner, however deep his guilt might be.

The Lord Justice Clerk observed, that when he first saw the indictment, stating the forgery to have been committed two years since, he thought

there was something extraordinary in it. His Lordship was of opinion, how ever, that any examination of Mr For bes, or his agent, was quite unnecessary. The letters spake for themselves, and could not be explained away. He had no right to dictate to the Public Prosecutor what course he should pursue, but he would suggest to him to desert the diet simpliciter. This was accordingly done, and the jury having enclosed, re turned a verdict of Not Guilty. His Lordship also recommended the letters, and a minute containing the facts stated by Mr Skene, to be lodged with the Clerk of Justiciary, in order that the Public Prosecutor might have an opportunity of determining, whether he should not institute further proceedings upon them. The prisoner was then dis missed from the bar, after a very im pressive address by the Judge, in the course of which his Lordship declared, that, so long as he should have the ho nour to preside in the High Court of Justiciary, he was determined, that its proceedings should never be prostituted to serve the purposes of private interest, or to gratify the malignity of indivi duals.

Inverness, April 24.-Lord Justice Clerk. James Mule, in Cotts of Longbride,' indicted for an assault, with intent to commit a rape, was outlawed for not appearing.

Thomas Holm, son of Hector Holm, late deputy postmaster at Invergordon, indicted for abstracting a letter from the receiving-box at said post office, containing a five pound note and a twentyshilling note, and secreting the same. The Jury, by a plurality of voices, found the libel not proven, when he was assoilzied; but before leaving the Court; he was recommitted on a new charge.

Janet Ross, alias Oag, and Andrew Ross, alias Bain, lately residing in the" Hill of Tain, indicted for the murder of John M'Gregor, cartwright in Tain, upon the night of the 25th of Feb, 1808, at or near the house of the said Janet Ross, by wounding him, on different parts of his head and body, with a hatchet or some other instrument: And also for the murder of Catharine Munro, alias Cook, residing in Tain, on the same night, by strangulation, or some other means. This case stood over from the last Justiciary Court held here, ow

ing to want of sufficient evidence at the time, and having now been again fully investigated, by the examination of a variety of witnesses, and the Jury hav ing been enclosed, returned a verdict, finding the libel Not proven, upon which the prisoners were assoilzied, and dismissed from the bar.

Isobel Macmillan, from Dingwall, accused of child murder, was, on her own petition, and consent of the Advocate' Depute, banished from Scotland for se ven years.

The Court gave judgment in an appeal case, which ended the business at this place.

forcement, but not proven as to the assault; and found John Robertson guilty of both the assault and deforcement. The Court sentenced John Robertson to pay a fine of sol. sterling, to be im prisoned in the jail of Perth for three months, and thereafter till payment of said fine; and Donald Robertson to pay a fine of 20l. to be imprisoned in the said tolbooth for one month, and thereafter till payment of said fine."

John Galloway, lately residing at East Carse of Trowan, accused of wilful fire raising, was outlawed for not appearing.

Inverary, April 27.Lord Craig.Perth, May, 2.-Lord Justice Clerk. Jas. MacGlashan, innkeeper in Knock-Peter Pedie, late horse dealer at Gib." rioch, in the parish of Campbeltown, acbet Brae, near Edinburgh, accused of cused of murder. The jury found the rape, committed in the county of Fife, pannel guilty of culpable homicide onand Robe Laing and John Laing, lately, and he was sentenced to six months weavers at Dunshelt, near Auchter- imprisonment. muchty, indicted for the murder of Robt. Beatson, a private soldier in the 42d foot, were outlawed for not appearing.

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Margaret M'Phadain, daughter of Al-^ lan M Phadam, tenant in Ballahough, in the island of Coll, accused of the murJohn Storrar, wright in Kirktown of der of a boy of about five years of age, Largo, indicted for stealing a trunk, the son of a person with whom she was with property in it to the value of up. servant; but it was stated by the Coun wards of 400 Sterling, by loosing or sel for the pannel, that the state of her cutting the same from the back of a mind was such as to render her an unfit chaise travelling on the high road from object of trial at present, and, upon the Windygates to Balchristie, in Fife. The testimony of several witnesses, it was prisoner pleaded guilty to the charge, found improper to proceed in the trial, and, being convicted by the jury, was and she was re-committed to prison, unadjudged to be transported beyond seasi til liberated in due course of law. for 14 years.

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Robert Boyack, tide waiter in St Andrew's, accused of murder. Mr John Hagart, counsel the pannel, stated that he had not been legally cited, and therefore was not bound to plead to the charge. His objection was, that the copy of indictment, list of witnesses, and assize served upon the prisoner, Was not subscribed each page by the messenger, nor did the citation annexed mention the number of pages of which the copy consisted. The Court sustained the objection, and dismissed the pannel from the bar.

Isobel Hood, from Forfarshire, accu sed of child murder; the diet was deserted simpliciter, and she dismissed. cha

John Robertson and Donald Robert son, both residing at Ferting, parish of Blairathole, for assaulting and deforcing Excise Officers in execution of their du ty. The jury found, Donald Robertson guilty of aiding and abbetting in the de.

Glasgow, May 2.-Lords Craig and Armadale.-M. Simpson and J. Stafford, accused of assault and robbery, having pled Guilty, were sentenced to fourteen years transportation. John Duncan, accused of murder or culpable homicide, was unanimously found Not! Guilty, and dismissed from the bar. J. Hastie, charged with an assault and robbery, was found Guilty to be imprisoned for six months.

John Fraser, found guilty of forging a letter from James Beatson, Supervi sor of Excise, was imprisoned for eight months. The diet was deserted against George Stewart, John Armstrong and John Gordon M'Intosh, brought from Birmingham, accused of house-breaking and a new warrant was granted for their recommitment.

21.

Faines Hannah, accused of assault and robbery, and of being habit and repute " a thief, was unanimously found guilty. An objection to the verdict was taken

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