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HIGH COURT OF JUCTICIARY. succeeded in driving the soldier into a OA
N Monday Dec. 12. came on the ditch, got above him, and called out to
trial of James Holland, private sol. Mr Cunningham to secure his man. He dier in the oth or Inniskilling dragoons, then heard horses feet, and called out accused of robbing John Hay, tenant in for assistance, as a man had been atDuncanlaw in East Lothian, on the tempting to rob and murder him. Upon evening of Friday the 18th of Novem- this Janies Hay in Sherriffside, and Wm. ber last.
Simpson in Redhill, who had left Had. John Hay in Duncanlaw, the princi- dington a short time after the witness, pal witness, stated, that he was at Had came forward and seized the soldier. dington market on the above day, and The witness asked if he had any pistol, left it about five in the afternoon, in to which he answered, that he had only company with James Cunningham in a stick. A cart having then come up, Barra; that about half a mile from the they procured a rope, with which they town, his horse was seized by the bridle, tied the prisoner's hands, carried him by a man who demanded his money, to to Haddington, and gave information to which he answered, that surely the per. the Procurator-Fiscal. The witness then son snust be in jest. Upon this the de. 'missed the chain and seal of his watch, mand was repeated with a threat, if he the chain was broken from the watch, did not comply, to blow out his brains, the fragments of the last link being when he immediately received a blow found in his watch pocket. He swore on the left temple, which brought him to the person of the prisoner. to the ground, and he remembered no James Cunningham agreed with the thing after this until he felt himself pul- former witness as to leaving Haddingled along upon his back to a sort of ri. ton on the evening of the 18th Nov. sing ground, un the side of the road, after passing the Nungate toll, he was where he found his head among thorns. attacked and knocked off his horse He still felt the hand of a man dragging and being quite insensible, recollected him, and began to struggle; the man nothing of what passed farther, than sprung, back, and put his hand under having heard Mr Hay call out to him the witness's great coat. Upon this, to secure bis man. he seized the man by the collar, and James Hay and Wm. Simpson* concurfound by the hardness of it, that he was red in stating, that when riding along a soldier. A struggle then ensued, in the road, they heard John Hay call out the course of which, the soldier pulling murder, when they rode up to him, and more violently at the witness, the latter assisted in securing the prisoner, put got upon his feet, when the soldier him in a cart which was passing, and struck him several hard blows, and got carried him to Haddington jail. his leg behind that of the witness, who A declaration emitted by the prisonimmediately fell over, and pitched with er at Haddington was read, which simhis head upon the road, the soldier fal. ply stated, that he had got so drunk at ling above him. The witness then laid Haddington on the day libelled, that he hold of him with both his hands, and recollected nothing after leaving it, unkept him down upon his back, in which til he found himself upon the cart. situation they struggled for some time, The Lord Justice Clerk addressed until the witness, in trying to get upon the Jury in a long speech, and stated, his legs, allowed the soldier to get from that the question of the robbery dependo under him, and they both rose, when ed entirely upon the fact being proven, another scuffle touk' place; the soldier whether the prisoner had actually.robstriking the witness many severe blows, bed Mr Hay of his watch-chain and and swearing that his accomplices would seal. If the evidence had not establishcome up and butcher him. He then ed that essential point to their satisfac.Jan. 1809.
tion, there was another, about which turned their verdict accordingly, the there could be no doubt, namely, that Court sentenced him to be transported the assault was made as libelled, with an beyond seas for life, intention to rob. He should therefore Jan. 16. Came on the trial of John leave both these points to their own M Intyre shoemaker, Andrew Sie wart judgment.
tailur, and Robert Stewart journeyman Next day, the Jury returned a ver. book binder, all in Edinburgh, accused dict, finding the pannel nut guilty of the of breaking into the work shop of Peter robbery, but guilty of the assauit, with More, calico glazer in Edinburgh, on an intention to rob.
the night of the first November last, and The Lord Justice Clerk, after a stealing therefrom a number of webs of strong admonition to the prisoner, then cotton cioth, &c. pronounced the highest sentence the The prisoners having pleaded Nog law allows in such cases, that he be Guilty, the prosecutor proceeded to the transported beyond seas for life.
evidence. Dec. 26. The Court proceeded to the Peter More, calico glazer in Edintrial of Robert Wright, alias John Han- burgh, stated, that he takes in goods to dy, accused of theft, and of being habit be glazed ; that about the end of Octo and repute a thief. The indictment ber last, he received from Samuel So. stated, that on the ad December 1807, merville and Co. 27 pieces of white ca, the prisoner stole from the warehouse lico, together with 12 pieces from Gilof James Aitken, carrier between Edin- christ and Co. merchants in Edinburgh, þurgh and Glasgow, in the Grassmarket in order to be dressed. On the mornof Edinburgh, a parcel addressed to ing of the Wednesday preceding the fast James Budge, merchant in Anstruther, day in November 180$, he was told by containing various articles of linen and one of his servants that his shop had cotton goods. The prisoner pled Not been broken into, and on going down, Guilty.
he found the shutter of one of the wina The carrier's clerk and porter were dows forced open, by breaking the iron examined, who cobcurred in stating, bolt. Thirty pieces of calico were car. that the parcel stolen from the ware. Tied away. He missed also two green house was directed, not to James Budge, cloths, for covering the goods, and a but to John Budge, merchant in An- black coat, silk vest, black breeches, struther.
and hat, which were deposited in an oUpon this the Counsel for the Crown pen trunk in his shop. The first time declined to proceed farther in the trial; he heard of these goods was on the Friand the jury having, by direction of the day following, when a Mr Ramsay, a Lord Justice Clerk, returned a verdict slater, told him he believed he would of Not Proven, the prisoner was dismis- be able to discover where they were to sed simpliciter from the bar.
be found, by means of a Mrs Thom, in Dec. 27. Came on the trial of Grizel the Cowgate, who had been asked to Johnston, lately residing at Port Se. buy some such cloth lately. After some fon, for breaking into the washing house difficulty, Mr More found Mrs Thom, of the Rev. Dr Hamilton, at Glads. who went with him to a house in Black muir, and stealing several articles there. friars wynd, where he found, concealed from, being at the time under sentence in a bed, a large quantity of goods, of banishment from the county of Had- which, upon examination, proved to be dington, as a person of bad fame and a his own. These goods he immediate. thief.--The prisoner pled Guilty; and iy dispatched to the Council-chamber the Jury found her Guilty accordingly, by several porters, attended by one or and the Court sentenced her to be trans- two of the town officers. He was exa. ported beyond seas for seven years. mined there himself, upon which occa.
Jan. 13. Came on the trial of Thomassion he again looked particularly at the Nielson, late servant to Lieut.. Colonel goods, and was satisfied they were his Wauchope, of the Edinburgh militia, for property. Certain goods were shewn opening by means of a skeleton key, him in Court, which he was certain the drawer of his master, and stealing were the same that he had deposited in money, &c. therefrom. The prisones his shop, and had afterwards seen in the pleaded guilty, and the jury having re- house in Blackfriars wynd, having not
only the marks put upon them by So. Archibald Campbell, town officer, stamerville and Co. but likewise a private ted, that in consequence of information mark of his own put on when he first of the house. breaking, and the discovery recognised them. Twenty-five pieces of the goods in the house in Blackfriars were found in all, of which 24 were Wynd, he went thither, accompanied by white calico, and one pripted furniture. two constables, and seized a large quan
Arch. Gilchrist, Wm. Gilchrist, and tity of goods, which he immediately Samuel Somerville, identified their re sent to the Council. Chamber. He then spective gouds.
proceeded to M‘Intyre's house, where Margaret M ́Donald proved the fact of he apprehended the two Stewarts, and a house having been hired by the pri- not suspecting M'Intyre, he dispatched soners from her in Skinner's close, to him for the Guard, but, on his return, which the whole three occasionally re. he judged it proper to apprehend him sorted, and in particular, she remembers also. The goods were made up into of seeing the whole of the prisoners to sealed parcels at the Council-Chamber. gether in the house, and a quantity of The prisoner's declarations were then goods lying on the floor of a closet ad read.-In their first declarations the two joining to the room. The acesss to the Stewarts denied the least knowledge of house was by a passage which led to the circumstances proved by the evithose of other families.
dence; but in their second declarations Ann Thom, broker, College Wynd, they confessed, that, after concerting stated, that on a Friday evening in No. the housebreaking, they had forced ovember last, in the Sacrament week, pen the shutter of one of the windows Andrew Stewart, one of thc prisoners, of Mr Mure's warehouse, and afterwards came and offered her cloth for saie, operxed a back-door, through which they which he said was lying in a house at had carried off the goods. some distance. She accordingly accom M·Intyre, in both of his declarations; panied him to a house in Blackfriars denied the least share in the crime ; aswynd, where she found all the prison- serting that he was quite intoxicated duers together, with M'Intyre's wife and ring the night on which it was said to a young child. She was then told by have been committed, and did not reRobert Stewart, that the cloth, which he collect whether he left his house with said they had taken from the callender. the Stewarts or not; he confessed ba. house belonging to Mr More, was in an ving seen several bundles of white goods adjoining apartment. The next day, laid down upon the floor of his house betwixt three and four in the afternoon, that night, as to which he asked the having previously told Mr Ramsay the Stewarts where they had got them; and slater of her intention, she went to on their stating that they had taken M'Intyre's house, where she found Ro. them from More's, he answered, that bert Stewart, who again asked if she he feared it would be a bad job for would buy a web of cloth. M‘Intyre them. and Andrew Stewart then proceeded The Lord Advocate then addressed with her to the house in Blackfriar's the Jury for the Crown, and Mr James wynd, where she saw white calicos and Moncrieff on the part of the prisoners ; printed furniture lying in a heap on the after which the Lord Justice-Clerk deground. M'Intyre informed her that livered a charge to the Jury, with hiş they were divided into three shares, and usual distinctness and candour. having selected one piece from his own The Jury returned their verdict next share, he sold it to her for 13s. which day, finding all the pannels Guilty, who, she paid to him. This piece she now after an impressive speech from the identified. While in this room, one of Lord Justice Clerk, were sentenced to the prisoners complained of a piece of be executed on Wednesday the 22d of the goods having been taken away, for February next. which reason he said Robert Stewart They are all young men; the two ought not to be again entrusted with Stewarts are brothers. the key. She also heard M'Intyre say, that the goods were first in his house, John Bird, guard of the Edinburgh and express great terror until they were and London mail coach, taken up some removed.
time since at Beswick, for abstracting
a shawl from a parcel, the property of It is remarkable that a tremendous Mr Spittal, haberdasher in Edinburgh, shock of an earthqnake was felt on Monwas tried at the sessions at Berwick, on day the 9th January, about half past. five Saturday the 14th of January, found in the morning, at Comrie near Crieff, guilty, and transported beyond seas for more violent than any we have had since seven years.
September 7.1801. The noise attendEARTHQUAKES.-A shock of an earth- ing it was loud, and greatly prolonged. quake was felt at Dunning, in Perth. During the time of the shock, the air shire, on the 13th of January, about was calm and serene. The moon, in two o'clock in the morning. Mr Perer her first quarter, shone bright, and the Martin, surgeon in Dunning, gives the sky was afterwards covered with whi. following description of it :
tish clouds, roving rapidly from N.W. to “ He was coming home at the time S.E. The scene was magnificent, calcu. on horseback, when his attention was lated alike to awaken the feelings of the suddenly attracted by a seemingly sub- man, and the devotion of the Christian. terranecus noise, and his horse immedia The mortality bill of the city of Glas. ately stopping, he perceived the sound gow and suburbs for the year 1808 a. to proceed from the north-west. After mounts to 3265; that for 1807 amounted continuing for the space of half a mi- to 2463, being an increase in the burials nute, it became louder and louder, and of last year of 802.- This arises chiefly apparently nearer, when, all of a sudden, from the great mortality which took the earth gave a perpendicular heave, place last year by the measles. In the and with a tremendous waving motion, city and suburbs 805 died of this disseemed to roll in a south-east direction. ease last year; whereas, in 1807, the The noise was greater during the shock number in the city was only 33, and in than before it, and for some seconds af- the suburbs about as many. It is wor. ter, it was so loud that it made the cir- thy of remark, that, in the Town's Hoscumjacent mountains re-echo with the pital, where 48 were affected with mea. sound, after which, in the course of a. sles, only 3 died; and that the small. bout half a minute, it gradually died a pox, formerly the most destructive disway. At this time the atmosphere was ease incident to infants, has now in that calm, dense, and cloudy, and for some place almost subsided. In the year 1795, hours before and after there was not the there died in Glasgow, of the small least motion in the air. Fahrenheit's pox, 265, and last year only 14. thermometer, when examined, about Cow-Pox.—Nine hundred and fiftyhalf an hour after the shock, indicated one children were vaccinared gratis, at a temperature of 15 degrees below the that useful and excellent institution the freezing point of water. The preced. Edinburgh Public Dispensary, during ing day was calm and cloudy; thermo. the course of last year, and since that meter, eight A. M. 14. eight P. M. 13. great discovery, the whole number vacThe morning of the 18th was calm and cinated at this Dispensary amounts to cloudy, but the day broke up, to sun. nine thousand, eight hundred, and fiftyshine; thermometer, eight A. M. 19, four, all of whom have gone through eight P. M. 16. This was a greater the disease with perfect ease and safeshock than that felt here on the 7th of ty; and although many of them have September 1801, about six A. M. and been since exposed to the small.pox, had it been succeeded with another e not one of them has been subjected to qually violent, it mast have damaged that loathsome disease. the houses, but fortunately we have
MILITARY APPOINTMENTS. heard of no harm being done."
A letter from a gentleman residing The following are appointments for the at the Bridge of Allan, in the neigh three regiments of local militia of the counbourhood of Stirling, mentions that a
ty of Edinburgh:
Lieut.-Coloneis Commandant.--Viscount smart shock of an earthquake was felt there on the same morning, between and Lieut. Col. George Scott:
Primrose, James Dewar, Esq. of Vogrie, two and three o'clock. He says that
Second Lieut-Colonels. Robert Hepit was so violent along the foot of the burn, Esq. of Clerkington ; A. H. MitchelHills, as to make the tables and chairs son, Esq. of Middleton; Licat..Çol. Patattie.
Crichton, Esq. merchant, and Alderman of At Barilly, Bengal, Willian Steer, Esq. Cheap Ward. to Jane, daughter of Col. Watson, of the na The Rev. Henry Hunter, Hammertive infantry.
smith, 10 Miss Graham, of Turnham Green. Dec. 7. At Glasgow, Mr Wm. Stenhouse, At Dublin, Hugh Cathcart, Esq. to Miss merchant, to Elisabeth, second daughter of Heatly. George Currie, Esq. Nisbet.
In the county Fermanagh, Ireland, Capt. 8. At ditto, Mr Robert M.Brayne, mer William Stirling St Clair, to Eliza, youngchant, in Margaret, daughter of the late est daughter of the late Colonel Gordon of John Andrew, Esq. Linlithgow.
Feltrum. 8. At the Rev. Dr Wm. Brown, At Dundee, Mr James Nicol, jun. mer. to Isabella, daughter of John Taylor, Esq. chant, to Helen, daughter of Mr John ButPrestonpans.
terworth, merchant there. 9. At London, Robert Townsend Far Jan. 2. At Edinburgh, John Robt. Anquhar, Esq. second son of Sir Walter Far. derson, Esq. of London, to Miss Elizabeth quhar, Bart. to Maria, youngest daughter Boswell, third daughter of the late Mr of the late Francis Latour, Esq. of Devon- Robert Boswell
, writer to the signet. shire Place.
8. Capt. M.Leod, of the Royal Navy, to 12. At Swanbourne, in Bucks, James Miss Bennet, Piccadilly. Hamilton, Esq. writer to the signet, to Miss 3. At Battersea, Capt. Henry Morse Harriet Wynne.
Samson, to Jane, daughter of the late Wil. 12. At Glasgow, Mr Peter Brown, mer. liam Hamilton, Esq. of Blackheath. chant, to Miss Margaret Wacson.
10. At Aberdeen, the Rev. George Rose 14. At Belfast, Mr Campbell, of Thurso, Monro, minister of Huntly, to Agnes, el to Miss Nichol of that place.
dest daughter of Mr James Milne, mer15. Mr Thomas Anderson, surgeon, Sele chant in Aberdeen. kirk, to Miss Scott, De Loraine.
13. At Tullibody, Mr John Moubray, 19. At Ayr, Mr James Herron, to Mar. distiller, Cambus, to Janet, daughter of Mr garet, daughter of the late Mr William Orr, John Mitchell, merchant in Tullibody. merchant.
16. At Motfat, Mr John Beattie, rector 20. At Glasgow, Mr William Charteris, of the grammar school there, to Margaret, mapufacturer there, to Miss Elizabeth Stru- daughter of Patrick Tod, Esq. Holnhead. thers.
16. At Greenock, Mr John Douglas, mer22 At Aberdeen, the Rev. Robert Doig, cbant, Glasgow, to Miss Hamilton, daughminister of the Trinity Chapel there, to Isa ter of Mr John Hamilton, merchant in bella, daughter of the late Alex. Hadden; Greenock. Lsq.
18. At Dunkeld house, by the Rev. Mr 23. At Leith, Mr James Duncan, to Miss Hall, James Drummond, Esq. younger of Catharine Foggo.
Strathallan, to Lady Amelia Sophia Mur27. At Portarlington, Ireland, Major ray, second daughter of his Grace the Grey, of the 80th regiment, to Miss Vig. Duke of Athole. noles. 31. Mr John Lumsden, Scorstown, to
BIRTHS. Miss Mosman, daughter of the late Thomas Mosman, Esq.
Dec. 12. At Conan House, the Lady of 31. Ar Wells, Francis Brodie, Esq. wri- Sir Hector Mackenzie of Gairloch, Bart, of ter to the signet,to Margaret, second daugh- a son. ger of Gilbert Ker, Esq.
19. At East Sheen, Surry, Lady ElizaAt Wanstead House, Essex, his Serene beth Montgomery, Lady of Sir James Highness the Prince de Conde, to her Se Montgomery of Stanhope, Bart. a daugh. rene Highness the Princess Dowager de Monaco.
14. At Berwick, the wife of a day-labous, At Dublin, Capt. Duff, 3d Foot Guards, rer, of three remarkable fine girls, who, to Mary, youngest daughter and co-heiress with their mother, are doing well. of the lare Wm. Finlay, Esq. of Gunetts. 15. At Louisville, Mrs Gregg, a daugh
Samuel Welchman, Esq. to Charlotte, ter. daughter of the late Edward Gordon, Esq. 19. At London, Mrs Davidson of Tula of Brompton.
loch, a son. At Lambeth Church, C. H. Wohrmann 19. At Perth, the wife of Mr Thomas Esq. of Riga, to Miss E. Scougall, eldest Hill, bookseller, a son, being her elevench dughter of George Scougall Esq. of Lana son, and thirteenth child. beth.
19. At Logie Elphinstone, the Lady of The Rev. Abraham Colio Bullen, to Lu- Robert Dalrymple Horn Elphinstone, Esqof youngest danghter of the late William 2 daughter.