HIGH COURT OF JUCTICIARY.

N Monday Dec. 12. came on the trial of James Holland, private soldier in the 6th or Inniskilling dragoons, accused of robbing John Hay, tenant in Duncanlaw in East Lothian, on the evening of Friday the 18th of November last.

John Hay in Duncanlaw, the principal witness, stated, that he was at Haddington market on the above day, and left it about five in the afternoon, in company with James Cunningham in Barra; that about half a mile from the "town, his horse was seized by the bridle, by a man who demanded his money, to which he answered, that surely the per son must be in jest. Upon this the demand was repeated with a threat, if he did not comply, to blow out his brains, when he immediately received a blow on the left temple, which brought him to the ground, and he remembered nothing after this until he felt himself pulled along upon his back to a sort of rising ground, on the side of the road, where he found his head among thorns. He still felt the hand of a man dragging him, and began to struggle; the man sprung back, and put his hand under the witness's great coat. Upon this, he seized the man by the collar, and found by the hardness of it, that he was a soldier. A struggle then ensued, in the course of which, the soldier pulling more violently at the witness, the latter got upon his feet, when the soldier struck him several hard blows, and got his leg behind that of the witness, who immediately fell over, and pitched with his head upon the road, the soldier falling above him. The witness then laid hold of him with both his hands, and kept him down upon his back, in which situation they struggled for some time, until the witness, in trying to get upon his legs, allowed the soldier to get from under him, and they both rose, when another scuffle took place; the soldier striking the witness many severe blows, and swearing that his accomplices would come up and butcher him. He then * Jan. 1809.

succeeded in driving the soldier into a ditch, got above him, and called out to Mr Cunningham to secure his man. He then heard horses feet, and called out for assistance, as a man had been attempting to rob and murder him. Upon this James Hay in Sherriffside, and Wm. Simpson in Redhill, who had left Haddington a short time after the witness, came forward and seized the soldier. The witness asked if he had any pistol, to which he answered, that he had only a stick. A cart having then come up, they procured a rope, with which they tied the prisoner's hands, carried him to Haddington, and gave information to the Procurator-Fiscal. The witness then missed the chain and seal of his watch, the chain was broken from the watch, the fragments of the last link being found in his watch pocket. He swore to the person of the prisoner.

James Cunningham agreed with the former witness as to leaving Haddington on the evening of the 18th Nov. after passing the Nungate toll, he was attacked and knocked off his horse; and being quite insensible, recollected nothing of what passed farther, than having heard Mr Hay call out to him to secure bis man.

James Hay and Wm. Simpson concurred in stating, that when riding along the road, they heard John Hay call out murder, when they rode up to him, and assisted in securing the prisoner, put him in a cart which was passing, and carried him to Haddington jail.

A declaration emitted by the prisoner at Haddington was read, which simply stated, that he had got so drunk at Haddington on the day libelled, that he recollected nothing after leaving it, until he found himself upon the cart.

The Lord Justice Clerk addressed the Jury in a long speech, and stated, that the question of the robbery depend ed entirely upon the fact being proven, whether the prisoner had actually.robbed Mr Hay of his watch-chain and seal. If the evidence had not established that essential point to their satisfaction,

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tion, there was another, about which there could be no doubt, namely, that the assault was made as libelled, with an intention to rob. He should therefore leave both these points to their own judgment.

Next day, the Jury returned a verdict, finding the pannel not guilty of the robbery, but guilty of the assault, with an intention to rob.

The Lord Justice Clerk, after a strong admonition to the prisoner, then pronounced the highest sentence the law allows in such cases, that he be transported beyond seas for life.

Dec. 26. The Court proceeded to the trial of Robert Wright, alias John Handy, accused of theft, and of being habit and repute a thief. The indictment stated, that on the ad December 1807, the prisoner stole from the warehouse of James Aitken, carrier between Edinburgh and Glasgow, in the Grassmarket of Edinburgh, a parcel addressed to James Budge, merchant in Anstruther, containing various articles of linen and cotton goods. The prisoner pled Not Guilty.

The carrier's clerk and porter were examined, who concurred in stating, that the parcel stolen from the warehouse was directed, not to James Budge, but to John Budge, merchant in An

struther.

Upon this the Counsel for the Crown declined to proceed farther in the trial; and the jury having, by direction of the Lord Justice Clerk, returned a verdict of Not Proven, the prisoner was dismissed simpliciter from the bar.

Dec. 27. Came on the trial of Grizel Johnston, lately residing at Port Seton, for breaking into the washing house of the Rev. Dr Hamilton, at Glads muir, and stealing several articles therefrom, being at the time under sentence of banishment from the county of Had dington, as a person of bad fame and a thief. The prisoner pled Guilty; and the Jury found her Guilty accordingly, and the Court sentenced her to be transported beyond seas for seven years.

Jan. 13. Came on the trial of Thomas Nielson, late servant to Lieut. Colonel Wauchope, of the Edinburgh militia, for opening by means of a skeleton key, the drawer of his master, and stealing money, &c. therefrom. The prisoner pleaded guilty, and the jury having re

turned their verdict accordingly, the Court sentenced him to be transported beyond seas for life.

Jan. 16. Came on the trial of John MIntyre shoemaker, Andrew Stewart tailor, and Robert Stewart journeyman bookbinder, all in Edinburgh, accused of breaking into the work shop of Peter More, calico glazer in Edinburgh, on the night of the first November last, and stealing therefrom a number of webs of cotton cloth, &c,

The prisoners having pleaded Not Guilty, the prosecutor proceeded to the evidence.

Peter More, calico glazer in Edinburgh, stated, that he takes in goods to be glazed; that about the end of October last, he received from Samuel Somerville and Co. 27 pieces of white ca. lico, together with 12 pieces from Gilchrist and Co. merchants in Edinburgh, in order to be dressed. On the morning of the Wednesday preceding the fast day in November 1808, he was told by one of his servants that his shop had been broken into, and on going down, he found the shutter of one of the windows forced open, by breaking the iron bolt. Thirty pieces of calico were carried away. He missed also two green cloths, for covering the goods, and a black coat, silk vest, black breeches, and hat, which were deposited in an open trunk in his shop. The first time he heard of these goods was on the Friday following, when a Mr Ramsay, a slater, told him he believed he would be able to discover where they were to be found, by means of a Mrs Thom, in the Cowgate, who had been asked to buy some such cloth lately. After some difficulty, Mr More found Mrs Thom, who went with him to a house in Blackfriars wynd, where he found, concealed in a bed, a large quantity of goods, which, upon examination, proved to be his own. These goods he immediately dispatched to the Council-chamber by several porters, attended by one or two of the town-officers. He was examined there himself, upon which occa. sion he again looked particularly at the goods, and was satisfied they were his property. Certain goods were shewn him in Court, which he was certain were the same that he had deposited in his shop, and had afterwards seen in the house in Blackfriars wynd, having not only only the marks put upon them by Somerville and Co. but likewise a private mark of his own put on when he first recognised them. Twenty-five pieces were found in all, of which 24 were white calico, and one printed furniture.

Arch. Gilchrist, Wm. Gilchrist, and Samuel Somerville, identified their respective goods.

Margaret M'Donald proved the fact of a house having been hired by the prisoners from her in Skinner's close, to which the whole three occasionally resorted, and in particular, she remembers of seeing the whole of the prisoners to gether in the house, and a quantity of goods lying on the floor of a closet adjoining to the room. The acesss to the house was by a passage which led to those of other families.

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Ann Thom, broker, College Wynd, stated, that on Friday evening in November last, in the Sacrament week, Andrew Stewart, one of the prisoners, came and offered her cloth for sale, which he said was lying in a house at some distance. She accordingly accompanied him to a house in Blackfriars wynd, where she found all the prisoners together, with M'Intyre's wife and a young child. She was then told by Robert Stewart, that the cloth, which he said they had taken from the callenderhouse belonging to Mr More, was in an adjoining apartment. The next day, betwixt three and four in the afternoon, having previously told Mr Ramsay the slater of her intention, she went to M'Intyre's house, where she found Robert Stewart, who again asked if she would buy a web of cloth. M'Intyre and Andrew Stewart then proceeded with her to the house in Blackfriar's wynd, where she saw white calicos and printed furniture lying in a heap on the ground. M'Intyre informed her that they were divided into three shares, and having selected one piece from his own share, he sold it to her for 13s. which she paid to him. This piece she now identified. While in this room, one of the prisoners complained of a piece of the goods having been taken away, for which reason he said Robert Stewart ought not to be again entrusted with the key. She also heard M'Intyre say, that the goods were first in his house, and express great terror until they were removed.

Archibald Campbell, town-officer, stated, that in consequence of information of the house- breaking, and the discovery of the goods in the house in Blackfriars Wynd, he went thither, accompanied by two constables, and seized a large quantity of goods, which he immediately sent to the Council-Chamber. He then proceeded to M'Intyre's house, where he apprehended the two Stewarts, and not suspecting M'Intyre, he dispatched him for the Guard, but, on his return, he judged it proper to apprehend him also. The goods were made up into sealed parcels at the Council-Chamber.

The prisoner's declarations were then read. In their first declarations the two Stewarts denied the least knowledge of the circumstances proved by the evidence; but in their second declarations they confessed, that, after concerting the housebreaking, they had forced pen the shutter of one of the windows of Mr More's warehouse, and afterwards opered a back-door, through which they had carried off the goods.

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M'Intyre, in both of his declarations, denied the least share in the crime; asserting that he was quite intoxicated during the night on which it was said to have been committed, and did not recollect whether he left his house with the Stewarts or not; he confessed baving seen several bundles of white goods laid down upon the floor of his house that night, as to which he asked the Stewarts where they had got them; and on their stating that they had taken them from More's, he answered, that he feared it would be a bad job for them.

The Lord Advocate then addressed the Jury for the Crown, and Mr James Moncrieff on the part of the prisoners; after which the Lord Justice-Clerk delivered a charge to the fury, with his usual distinctness and candour.

The Jury returned their verdict next day, finding all the pannels Guilty, who, after an impressive speech from the Lord Justice Clerk, were sentenced tobe executed on Wednesday the aad of February next.

They are all young men; the two Stewarts are brothers.

John Bird, guard of the Edinburgh and London mail coach, taken up some time since at Berwick, for abstracting

MARRIAGES.

At Barilly, Bengal, William Steer, Esq. to Jane, daughter of Col. Watson, of the native infantry.

Dec. 7. At Glasgow, Mr Wm. Stenhouse, merchant, to Elisabeth, second daughter of George Currie, Esq. Nisbet.

8. At ditto, Mr Robert M'Brayne, merchant, to Margaret, daughter of the late John Andrew, Esq. Linlithgow.

8. At the Rev. Dr Wm. Brown, to Isabella, daughter of John Taylor, Esq. Prestonpans.

9. At London, Robert Townsend Farquhar, Esq. second son of Sir Walter Farquhar, Bart. to Maria, youngest daughter of the late Francis Latour, Esq. of Devon

shire Place.

12. At Swanbourne, in Bucks, James Hamilton, Esq. writer to the signet, to Miss Harriet Wynne.

12. At Glasgow, Mr Peter Brown, merchant, to Miss Margaret Watson.

14. At Belfast, Mr Campbell, of Thurso, to Miss Nichol of that place.

15. Mr Thomas Anderson, surgeon, Selkirk, to Miss Scott, De Loraine.

19. At Ayr, Mr James Herron, to Mar garet, daughter of the late Mr William Orr, merchant.

20. At Glasgow, Mr William Charteris, manufacturer there, to Miss Elizabeth Stru

31. Mr John Lumsden, Scotstown, to Miss Mosman, daughter of the late Thomas Mosman, Esq.

31. At Wells, Francis Brodie, Esq. writer to the signet, to Margaret, second daughter of Gilbert Ker, Esq.

At Wanstead House, Essex, his Serene Highness the Prince de Conde, to her Serene Highness the Princess Dowager de Monaco.

At Dublin, Capt. Duff, 3d Foot Guards, to Mary, youngest daughter and co-heiress of the late Wm. Finlay, Esq. of Gunetts.

Samuel Welchman, Esq. to Charlotte, daughter of the late Edward Gordon, Esq. of Brompton.

At Lambeth Church, C. H. Wohrmann Esq. of Riga, to Miss E. Scougall, eldest daughter of George Scougall Esq. of Lambeth.

The Rev. Abraham Colin Bullen, to Luey, youngest daughter of the late William

Crichton, Esq. merchant, and Alderman of Cheap Ward.

The Rev. Henry Hunter, Hammersmith, to Miss Graham, of Turnham Green. At Dublin, Hugh Cathcart, Esq. to Miss Heatly.

In the county Fermanagh, Ireland, Capt. William Stirling St Clair, to Eliza, youngest daughter of the late Colonel Gordon of Feltrum.

At Dundee, Mr James Nicol, jun. merchant, to Helen, daughter of Mr John Butterworth, merchant there.

Jan. 2. At Edinburgh, John Robt. Anderson, Esq. of London, to Miss Elizabeth Boswell, third daughter of the late Mr Robert Boswell, writer to the signet.

3. Capt. M'Leod, of the Royal Navy, to Miss Bennet, Piccadilly.

3. At Battersea, Capt. Henry Morse Samson, to Jane, daughter of the late William Hamilton, Esq. of Blackheath.

10. At Aberdeen, the Rev. George Rosé Monro, minister of Huntly, to Agnes, el dest daughter of Mr James Milne, merchant in Aberdeen.

13. At Tullibody, Mr John Moubray, distiller, Cambus, to Janet, daughter of Mr John Mitchell, merchant in Tullibody.

16. At Moffat, Mr John Beattie, rector of the grammar school there, to Margaret, daughter of Patrick Tod, Esq. Holmhead.

16. At Greenock, Mr John Douglas, merchant, Glasgow, to Miss Hamilton, daughter of Mr John Hamilton, merchant in Greenock.

18. At Dunkeld house, by the Rev. Mr Hall, James Drummond, Esq. younger of Strathallan, to Lady Amelia Sophia Murray, second daughter of his Grace the Duke of Athole.