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mý; on the 12th ; but, on the 11th, the supplied in proportion to their wants• enemy attacked him, with Sebastiani's The British army in Spain, including corps and two divisions of Victor's, in the late reinforcement under Generals the neighbourhood of Almoracid. The C. Crawford and Lightburne, does not action appears to have lasted some exceed 20,000 men; it may however hours ; but the French having at last

be hereafter increased to about 25,000, gained an advantage on General Vene- including convalescents and detachments gas's left, he was obliged to retire, and that may eventually join it. Marshal was about to resume his position in the Beresford has advanced his head-quarSierra Morena.

ters to Castel-Branco, in order to co-oOn the 9th, 10th, and 11th, large de. perate with Lord Wellington. General tachments of the French troups, which Cuesta's army is said to have been rehad come from Placentia, returned to duced to 20,000 men. It originally that quarter, and, on the 12th, they at- amounted to between 37 and 38,000 tacked and defeated Sir Róbert Wilson, men. He lost about 1000 in battle ; in the Puerto de Banos, on their return the rest fled from their ranks, and numto Salamanca.

bers have been decimated and shot for It appears now, that the French force, cowardice, officers as well as men. in this part of Spain, is distributed as The loss sustained by Venegas, on follows : -Marshal Victor's corps is di- the 11th of August, at Almoracid, is vided between Talavera, and La Man- said to have been very great. The enecha; Sebastiani's is in La Mancha, my boasts of possessing 4000 prisoners, Marshal Mortier's at Oropesa, Arco- 35 pieces of artillery, 100 powder wagbispo, and Navalmoral; Marshal Soult's gons, and 200 other waggons. Joseph at Placentia ; and Marshal Ney's at Sa. Bonaparte had returned to Madrid, and lamanca.

celebrated Te Deum ; and the accounts Distress, for want of provisions, and terminate with the confident, but, we its effects, have at last obliged me to still trust, false assertion, that “the fate move towards the frontiers of Portugal, of Spain has been decided during the 22 in order to refresh my troops. In my days in which the king was absent." former dispatches I bave informed your It is painful to think on the situation Lordship of our distress for the want of our troops in Spain. It now appears of provisions, and the means of trans. that the opinion of that gallant officer, port. Those wants which were the first Sir John Moore, was founded in a percause of the loss of many advantages, fect knowledge of the Spanish characafter the 22d of July, which were made ter; and those who rejected it with known to the Government, and were contempt, must now, from fatal experi. actually known to them on the 20th of epce, acquiesce in its justice. There last month, still exist in an aggravated was at first something so pleasing in the degree, and, under these circuinstances, Spanish cause, something so congenial I determined to break up, on the 20th, to the minds of Britons, that it could from Jaraicejo, where I had my head. not be relinquished but with reluctance, quarters since the 11th, with the advan. The characteristic distinctions, however, ced posts on the Tagus, near the bridge of the Spaniards of former times belong of Almarez, and to fall back upon the not to those of the present day; the frontier of Portugal, where I hope I high sense of honour, the Castilian pride, shall be supplied with every thing I have evaporated; they indeed “ word I have the honour to be &c. it well;" but, called upon to act, they A. WELLESLEY. are deficient in spirit and perseverance.

Enough, and more than enough, has Dispatches up to the 5th Sepi. have been done by this country to rescue the been received from Sir A. Wellesley.- peninsula from the controul of France ; His army, tho' not pursued by the ene- if its inhabitants do not cordially co.0my, had encountered numberless diffi. perate, they must, doubtless, submit. culties in their march to Badajoz, where It will soon be seen, from the conduct

head quarters had been established. which Spain will adopt respecting the The sick and wounded had been sent fleets at Cadiz and Ferrol, whether the to Elvas.

attachment she professes to this counProvisions, it appears, had now been try be sincere. September 1809.


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CIRCUIT INTELLIGENGE. occurred under the new statute on this Jedburgh, Sept. 1.- LORD ARMADALE. head, passed in March last, a short ac. CH "HARLES Stewart Mercer, weaver in

count of the case wiil serve to explain Traquair, accused of committing a

the new law. The trial proceeded in rape on the person of Isobel Nicol, a the regular way, by jury, the usual me. young girl of ten years and six months thod of receiving a petition for barnishold, or of an assault with intent to com- ment being held inconsistent with the mit a rape upon her. He was unanimous- new act. The indictment was laid on ly found guilty, and received sentence the common law, viz. that the prisoner of death, to take place at Jedburgh, on

had actually murdered her child, and Tuesday the roth of October next. likewise, by way of alternasive on the

Andrew Watherston, formerly a herd, statute, that she had been guilty of conand lately a sawer, from Berwickshire'; cealing her pregnancy, during its whole accused of stealing two sheep, belong. continuance, and had not called for or made ing to John Logan, Esq. of New Ed use of assistance at the time of her delivery, rom, and seven sheep from John Ful. and that ber child was found dead. (The ton, tenant of Bessborough Mains, and act holds it the same thing when the one sheep from Richard Allan, Mr Ful- child, as often happens, is missing.) ton's herd. He was also unanimously The act 1690, cap. 23. founded, upon found guilty, but recommended to mer

these suspicious circumstances, the precy, in consideration of the weak and sil-sumption of murder, even although no ly state of his mind. His Lordship, marks of violence appeared on the bohowever, also pronounced upon him dy, of the child when it happened to be the sentence of death, to take place at found, and on this presumption punish. the same time with Mercer, observing, ed with death. This being found too that he had not the power of dispensing rigorous for the mere presumption of with the high punishment which the murder, was softened down into the law affixes to such an atrocious crime, practice of allowing banishment. At that power being vested in his Majesty. the same time, a proof of actual murder John Smith, late cattle-driver, from

was, and always will be punished capia Peebles-shire, accused of stealing a va

tally. The statute of March last has riety of articles of wearing apparel, be. repealed the statute 1690, and enacted, longing to Mary Borthwick, in Yar.

that the concealment of pregnancy, and row; and also of stealing two webs, the failing to call aid in the birth, when the property of James Bryden, shepherd at

child shall be found dead or missing, Cardrona; PeterCairns, tenant in Brown's shall themselves constitute a crime, and Bank, in the county of Lanark; and

be punished with imprisonment, for a Adam Cairns, residing in Milton, in the time not exceeding two years. county of Peebles, both accused of stea. The Advocate Depute consented to ling eleven sheep from the farms of pass from the charge of murder at com. Hopehead and Alterston, the property

mon law, and to restrict bis charge to of Sir James Montgomery of Sianhope, the criminal acts enumerated in the sta. Bart. Smith was likewise found guilty,

To these last the prisoner pleadand was sentenced to be transported ed guilty; and the jury having found beyond seas for seven years; and Peter her guilty, in terms of her own confesand Adam Cairns, after a trial of consi- sion, the Judge, in consideration of the derable length, were acquitted, and dis.' imprisonment already suffered, and of missed from the bar, the jury having there being no reason to suspect more found the libel not proven.

against the prisoner than the culpable

acts in the new statute, and also the Dumfries, Sept. 6.-Lord ARMADALE.

present being the first instance under Joan Parkington, accused of child mur. the new law, in virtue of the implied dar. As this is the first case which has power bestowed by the statute to mili.



gate the statutory punishment of two 11. At Edinburgh, Mr William Ram. years, sentenced the prisoner to be con. say, merchant in Glasgow, to Elizabeth, fined in the jail of Dumfries for the pe. daughter of the late Mr Andrew Crom. siod of three months.

bie, dyer,

14. At Levenholm, Dr Steel, KilmarInverness, Sept. 15,-LORR HERMANË.

nock, to Miss Black, only daughter of Jas. Fraser, officer of Excise, was in- the deceased Mr James Black, manu. dicted for murder, or culpable homicide, facturer in Paisley. by having been the cause of the death 14. At Edinburgh, Mr Alex. M-Brair, of one of four persons that were at. merchant in Glasgow, to Japet, daughtempting a rescue of a quantity of ter of the deceased Robert Pratt, Esq. smuggled salt, of which he had previ- Kirkcaldy. ously made a seizure. The jury found 15. At ditto, Capt. Arthur Farquhar, the papnel Not Guilty, and he was dis- ofthe royal navy, to Jane, second daughmissed from the bar. Donald M Kay, ter of the late James Murray, Esq. of cattle dealer in Badinloch, was indicted Campvere. for the forgery of a bill of 2331. Ster- 17. At Myreside, near Edinburgh, Ting; but, after a trial of considerable Mr Aud. Gibson, Dean Park, to Susan, length, the Jury, all in one voice, found daughter of the late Alex. Scott, Esq. the pannel Not Guilty, whereupon he 19. At Edinburgh, Mr John Gordon was assoilzied, and dismissed from the of Gibraltar, to Miss Reid of Aberdeen bar.- Donald M.Killican, out-pensioner 21. At Glasgow, Mr William Smith of Chelsea Hospital, was indicted for the to Miss Agnes Pollock, crime or hamesucken, and committing a 21. At ditto, Captain Dugald Macviolent assault and battery in the house Dougall, Stirlingshire local militia, to of his brother-in-law. But it was re- Miss Campbell, youngest daughter of presented to the Court, that he was in Captain Campbell of the 28th militia. very peculiar circumstances, and belie- 21. At Crossmill, William Glen, Esq. ved to be in such a state of derange- of Bargarran, to Janet, daughter of Rement of mind as not to be an object of bert Corse, Esq. Crossmill. trial, his case was therefore certified to 21. At Glasgow, James Croil, Esq. the High Court of Justiciary. Marion, merchant, to Jane, eldest daughter of or Martha M'Lean, lately residing in the late William Richardson, Esq. merTorran, was indicted for a considerable chant, theft. She was found guilty, upon her 21. At Glasgow, Mr Robert Haswell, own confession, and sentenced to be merchant, to Elliot, daughter of Henry transported for seven years. William Hardie, Esq. Virginia Street. M'Intosh, à travelling chapman, was 22. At Sorn Castle, Nicol Brown, indicted for committing a violent as. Esq. of Waterhaughs, to Christian, sault upon a person residing at Fort daughter of the late James Somervell, William, in the night time, and wound. Esg. of Hamilton Farm. ing hun by seven severe stabs with a 22. At London, Lord Boringdon, to Highlander's knife, commonly called a the Hon. Miss Talbot, sister to Sir Black Cork, whereby he lost such a Charles Talbot. quantity of blood that he was consider. - 23. At Edinburgh, the Rev. George ed for some time to be deprived of life, Brown of North Berwick, to Hannah, and is still confined to bed, in conse. youngest daughter of Timothy West. quence of these wounds, having been wood, Esq. Leeds. found guilty, was sentenced to be trans. 24. At ditto, by the Right Rev. Bi. ported beyond seas for life.

sbop Sandford, Sir Thomas Livingstone There was another case of assault that of Westquarter, Bart. to Miss Stirling, ought to have come before the Court; only daughter of the late Sir James Stirbut, on account of particular circum- ling, Bart. stances, the diet was áeserted pro loco et 24. At Carlisle, Michael Rowand, tempore.

Esq. banker in Glasgow, to Margaret, MARRIAGES,

daughter of the late Alexander Wilson, Aug. 8. At Glasgow, Mr Charles Esq. Carlisle. Phin merchant, Edinburgh, to Jean, 25. At Glasgow, James Smith, Esq. daughter of the late Mr Alex. Storie, younger of Jordanhill, to Mary, daugh. candlemaker.

ter of Alexander Wilson, Esq.


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Aug. 25. In Wales, Mr And. Gardner, 19. At Exmouth, the Right Hon. Lady manufacturer, Edinburgh, to Mrs Leti.

Elizabeth Talbot, a son. tia Meredith, widow of Thomas Mere.

19. At Dunbar barracks, Mrs Lieutenant dith, Esq. of Calcutta.

Blair, Edinburgh militia, a daughter. 28. At Edinburgh, Mr Thomas Ju

25. At Edinburgh, Mrs Beil, wife of Mr

Carlyle Bell, writer, a daughter. nor, writer, to Katharine, daughter of

26. At ditto, Mrs Moffat, wife of Mr Mr Elphingston Balfour, bookseller.

William Moffat, solicitor, a son, being her 29. At ditto, the Rev. Mr James 13th child. Thomson, Borrowstounness, to Janet, Sept. 1. At ditto, Mrs Lawson of Cairn. daughter of Mr John Dunlop, wright muir, a daughter. in Stewarton.

2. At London, the Lady of the Hon. Per 31. At Dalkeith, Mr John Moffat, ter Robert Drummond Burrel, a daughter, fanner, Musselburgh, to Margaret, only 4. At Cowie, Mrs lones, a daughter. daughter of William Rutherfoord, Esq. 4. At London, the Lady of Colin Robert. of Esk Bank.

son, Esq. a son. - At Caterick, James Kirkstopp,

4. At Castle Menzies, the Lady of Neil

Menzies, Esq. a daughter. Esq. of the Spittal, Northumberland, to

5. At Edinburgh, Mrs Smith, wife of Mr Eliza, youngest daughter of the late Sir

Alexander Smith, banker, a daughter. Alexander Livingstone, Bart. of West

8. At Kelty House, Forfarshire, the LaQuarter.

dy of the Hon. Major Ramsay, a son. Sept. 1. At Dunbar, James Hay, Esq. 8. At Gunsgreen, Mrs Robertson of Captain of the Hon. East India Com. Prenderguest, a son. pany's sirip Sir Stephen Lushington, to 9. Mrs Fraser of Farraline, a daughter." Miss Delisle, daughter of the deceased 10. At Aberdour House, Mrs Gordon of Philip Delisle, Esq. of Calcutta.

Aberdour, a daughter 4. At Edinburgh, Mr Wright of An

11. At Plantation, the Lady of Lieut.tigua Street, to Miss Balfour, daughter

Col. Paterson, of the 21st foot, a daughter. of the late Charles Balfour, Esq. of Ja

15. Ai Bath, Mrs Grant of Congalon, maica.

19. At Edinburgh, the Lady of Brigadier5. At Gourock, Dr Jeffray, Professor

Gen. John Hope, a daughter. of Anatomy and Botany in the Univer. 20. Ac Darnhall, the Hon. Mrs Oliphant sity of Glasgow, to Margaret, daughter Murray, a daughter. of James Lockhart, Esq. merchant, 21. At Edinburgh, Mrs Murray, wife of Glasgow.

James Wolfe Murray, Esq. a daughter. 5. At Ayton, the Rev, Robert Mac. laurin of Coldinghame, to Catherine,

DEATHS. only daughter of James Cuck burp, Esq.

Jan. 8. 1808. At Chittledroog, East Io. merchant in Berwick.

dies, Lieut.-Col. Alexander Macleod, of 5. At Edinburgh, Major James Meu

the 15th regiment of native infapiry. His

death is supposed to be in consequence of at of the Bengal Engineers, to Wilhel

the severe wounds he received in the memina, fourth daughter of Captain Mou. morable batile of Assaye. He was highly at, Royal Navy.

valued as a distinguished officer, and is 6. At Lewisham, Major. General the deeply lamented by his numerous friends Hon. John Brodrick, to Anne, daugh. and acqaintances. As a mark of their reter of Robert Grahans, Esq. of Fintray. spect, the officers of his corps have erected

a tomb to perpetuate his memory. BIRTHS.

May. 21. 1809. At Jamaica, David Ew. Aug. 12. Mrs Brown, wife of Mr Joseph art, Esq. son of the late Simon Ewart, Esq. Brown of Bughtrig, of two daughters and of Brampton. a son, all of whom are doing well.

June 8. At his house near Rattray, 14. At Edinburgh, in George Street, Mrs Perthshire, P. Mitchell of Kirklands, Esq. Lockhart, a daughter,

28. At Cadiz, Mr Alexander Ettles, a. 14. At Gilmerton, in East Lothian, the ged 22, of the house of Gordon, Shaw, Lady of Sir Alex. Kinloch, Bart. a daugh- and Co. son of the late Mr Joho Ettles of

Inverness. 16. Mrs Urquhart of Craigsion, a daugh- 30. At Philadelphia,

her 1091h year, ter.

Susannah Warden, formerly wife of Virgil 17. Ar Crailing, Mrs Paton of Ctailing, Warden, one of the house servants in the a daughter.

great William Penn's house at Pepnsburg 17. At Heavitree, near Exeter, the Lady Manor, in March 1701 ; she has of late "Lieut. Col. A. Spens, a son,

been supported by the Penn family.




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Fuly 21. At Oxford, in the 27th year of Hon. Henry Neville, second son to Lord

age, the Rev. Alexander M-Kenzie of Braybrooke. Christ Church, A. M. and son of John Lately, on his return from India, George M.Kenzie, Esq. London.

Halyburton, Esq. son of the late Rev. John 25. At Quebec, Mrs Black, wife of Mr Halyburcon, minister of the gospel at KetHenry Black, merchant.

tins. 25. At Madeira, Lady Sophia Bligh, Lately, at Gosport, on his way from the wife of the Hon. W. Bligh, and daughter of Mediterranean, to his native place, Dalkeith, the late Earl of Galloway.

Robert Welsh (1st,) M. D. surgeon in the 28. In the memorable battle of Talavera royal navy. de la Reyna, Major-General John Randoll At Priestlands, John Peyton, Esq. ReárMackenzie of Suddie, Lieut. Col. of the Admiral of the Red. 78th regiment of foot, and representative Sir John M'Namara Hayes, Bart. M. in Parliament for the county of Sutherland; D. Inspector General of the Medical Dea most galiant and skilful officer.

partment of Woolwich. 28. In ditto, Colonel Alexander Gordon, Aug. 1. At Glasgow, James Muir, Esq. of the 83d regiment, as brave and enterpri. surgeon. sing an officer as the British army could 1. At the Manse of Dundonald, Mrs Isabuast of.—He was wounded in the neck by bel Morell, wife of the Rev. Dr Robert a musket ball, charging the enemy at the Duncan, minister of that parish. head of his regiment, and when carrying 1. At South-end, in Kent, in her 43d off the field, a shell fell on him, and killed year, the Lady of Lieui.-Colonel Charles him instantaneously.

Colonel Gordon Fraser, leaving behind her cwelve chilwas very severely wounded in Holland, in dren. 1799, under the Marquis of Huntly, in 2, At Prestonhall, Fifeshire, Ann Swan, whose regiment he was at that time a Cap- relict of the late Allan Briggs of Leven, atain. He served in the same regiment in ged 78. Egypt, and was subsequently appointed 2. At Hamble, of a paralytic stroke, AdAid-de-Camp to Lord Hardwicke, during miral Bradby, aged 78. his Viceroyship in Ireland. He was son 2. At Prestonpans, in her 23d year, Miss to the late Lord Rockville, and the Coun- Margaret Dow, only daughter of Mr tess of Dumfries, and brother to William James Dow. Gordon, Esq. Member for Worcester, one 3. At London, in his 50th year, Andrew of the partners of the respectable house of Mackay, L. L. D. F. R. S. E. MathematiGordon and Murphy, in London. Colo- cal Examiner to the Hon.,the Corporation nel Gordon was only 33, and of the most of Trinity House, the Hon. the East India accomplished manners and amiable disposi- Company, and Christ's Hospital, London ; tion.

and formerly of Aberdeen. 28. In ditto, Lieut. Col. John Ross, 3. At Ladyfield Place, near Edinburgh, Coldstream Guards, son to the late gallant Mr George Cairncross, writer in EdioAdmiral Sir John Lockhart Ross, and burgh. brother to General Sir Charles Ross, of 5. On his passage home to this country, Balnagown, Bart.

from Jamaica, Dr Murray, eminent in that 28. In ditio, Lieut.-Col. James Muter, of island, during 25 years, for professional tathe Buffs, eldest son of William Muter, lents and integrity. Esq. of Annfield. He served in the 420 5. At Foxhill, near Hungerford, Mrs regiment in the campaigns on the Conti- Hart, sister to the late Lady Stuart, and pent, in Egypt, and in most of the actions sister-inlaw to Henry James Pye, Esq. during the late and present wars.

5. At Batheaston, aged 80, Sir George 28. In ditto, Capt. Robert Dalrymple, 3d Colebrooke, Bart. Foot Guards, third son of Sir John Dal- 5. At Edinburgh, Mr William Waugh, symple, of Cousland, Bart.

writer. 28. In ditto, in the 23d year of his age, 6. At Manse of West Kilbride, Miss the Hop. Edward Methuen Irby, sixth son Clementina Oughterson, eldest daughter of Lord Boston, and Ensign in the 3d regi- of the Rev. Arthur Oughterson, minister of ment of Guards.

that parish 28. At Edinburgh, Ensign Charles Hen- 6. At St Andrew's, Mrs Col. Campbell. ry Ker of the 84th regiment, only son of 6. At Aberdeen, aged 76, Mr James Gerthe late Capt. Charles Henry Ker, Leith. rard, cooper

30. At Bainsfield, near Edinburgh, Miss 6. At Edinburgh, Miss Eliza Gifford, a. Elizabeth MacVicar, eldest daughter of the ged 15. deceased Neil MacVicar, Esq. of Fergus, 6. At Dundee, in the 35th year of his hill, writer in Edinburgh.

age, and 11th of his ministry, the Rev. 31. In Spain, three days after the battle Alexander Paterson, A. M. minister of the of Talavera, from excessive fatigue, the Relief Congregation there.

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