fees. The Major had afterwards lent him a few guineas, which he never intended to take back; but the Doctor, in fome time after, brought him money to repay, and appearing rather hurt at find. ing it was refufed, the Major took it, under this condition that it should be ready for him whenever he should again have a call for it; but the Doctor had left Dublin without calling upon him again.

Mr Alderman Sawbridge had known the prifoner for many years, and he be lieved, that if there was univerfal bene volence in man, it was to be found in the breaft of the prifoner. He was harmless and gentle almoft to an extreme; and he (the witness) concluded when he heard of the unfortunate affair that had brought the Doctor into his present melancholy fituation, that he must have been under the influence of a strong apprehenfion of imminent danger, or of violent and outrageous provocation and irritation, when be committed the fact and as foon as the news had reached his ears, he immediately faid, "If he had done this from malice, the nature of the man must have undergone a total change."

Gov. Nugent (Governor of Tortola) gave him the best of characters; but the Court at laft obferved, that it was unnecellary to bring any more witnesses to his character, as nothing could be poffibly added to make the character already given to the prisoner more amiable or more excellent. Here the evidence for the prifoner closed.

Judge Willes then fummed up the evidence; and first explained to the jury, from Judge Fofter's Crown Law, the nature of the crime of murder, and the difference between it and manflaughter. Words, however abufive, could not juftify a man in taking away the life of another; to make killing manslaughter, there should be fome act of violence, fome fruggle or buftle on the part of the de crafed. And in order to exemplify his doctrine, he quoted a cafe which came within his own knowledge, and which, he faid, was very parallel (the Judge's own words) to the prefent. At the aflizes for Northampton, a prifoner of the name of Snow had been brought before him to be tried for murder. The cafe was briefly this: The prifoner and the deceased, two poor men, had had a quarrel, when the former challenged the latter to fight; the challenge was accepted, and they boxed till they were tired, VOL. XLV.

and then parted: the prifoner went home, and being a cobler, and it being a warm evening, he placed his ftool out in the air, and fat down to his work: Soon after, his antagonist paffed by him on his way home; the quarrel was renewed, and the deceased collared the cobler, and brought him to the ground; they were both down together; the cobler was undermoft; in that fituation, he stuck his awl into the fide of the deceased, and not fatisfied with one stab, he gave three, each of which gave a mortal wound: The cafe appeared to him, however, to be no more than manflaughter, on account of the struggle that had preceded the ftabs. The jury was pleafed to think otherwife, and found the prifoner guilty of murder; but he had refpited the execution, with a view to take the opinion of the twelve Judges on the cafe. He accordingly reported it to them the first day of the fucceeding term; and they unanimously refolved that it amounted to no more than manflaughter.-An awl was as deadly a weapon as a knife: the queftion therefore to determine was, whether there had been any struggle be tween Mr Hardy and Dr Magennis before the fatal blow was given? There had been no one to prove fuch a thing, if it had even paffed. It must therefore be collected folely from circumstances, if it ever had exifted; and from the circumftances there was room to prefume that fuch a thing had happened in the prefent cafe. The deceafed had returned to the prifoner's door, and had the candle fallen out of his hand; for it was found there the next morning, and had been trodden upon. This feemed to argue, that the candle had fallen in the ftruggle, and not when the fatal blow was given; for if the deceafed had had it in his hand when he received the wound, in all probability he must have fallen down ftairs with the candle in his hand, which would have been found near him: on the contrary, the candle was found near the landing place of Dr Magennis, and the body at least fifteen steps lower down. The evidence of Adey Lancashire, before the Coroner, stated that there had been a bustle, and she did not know but there might have been a ftruggle; certain fhe was that there had been a noife. The prifoner's own cries, heard by Lancashire, ftated that he himfelf was in danger of being murdered; and another witnefs had heard him cry

C

out

out for affiftance. Now, if after all this a doubt fhould arife on the queftion, the jury of courfe would be induced, from the uncommonly great character of the prifoner, to lean to mercy. His Lord hip argued a long time, ftill preferving the due character of a Judge, who, while he labours to enforce juftice and the laws, never forgets that he is bound by law to be counsel for the prifoner. His Lordship having concluded, the jury withdrew; but the judge fearing, that from what he had faid, they might not only not find the prifoner guilty of murder, but that they even would go fo far as to acquit him, generally called to them, as they were going out, and told them, that they could not by law acquit him; for that if his crime was not muider, it must be manslaughter, and nothing lefs. The auditory, being thus prepared for a verdict of manslaughter, were altonished beyond meafure, when on the return of the jury they heard the foreman pronounce the dreadful verdict-Guilty of wilful murder.

The prifoner was then called upon to know if he had any thing to fay, in or der to fhew why the Court fhould not give him judgement to die, according to law? He faid, "That as the jury had thought proper to give fo dreadful a verdict against him, he would fubmit to it, without arraigning it. But he must say, that if it was innocent to defend his own life, he was innocent. If it was murder in a man to defend his life when it was in danger, he was guilty. He had not fought to quarrel with the deceased; he did not go down to him, or quit his apartment: on the contrary, Mr Hardy had twice been up with him, had allault. ed him, had fuck him, and was in the act of throwing him over the ftairs, when by wounding Mr Hardy, and by no o ther means could he at the time bave faved his own life; he therefore, notwithftanding the verdict that had been pronounced against him, must infist that he was innocent, and in this affertion he would perfevere to his laft breath: he was in the hands of Providence; and would fubmit with the most perfect refignation to its decrees; his life was now at the difpofal of his Sovereign: be his royal determination what it might, he would bow to it with fubmiffion and compofure."-The Recorder then pro-ceeded to pass the ufual fentence, after a most pathetic addrefs to the Doctor, in

which he declared, "That in the course of his duty in that Court, he had never felt fo much pain and affliction as in paffing such a sentence on such a man as he had been proved to have lived."

Dr Magennis, it is faid, has received his Majefty's pardon, upon condition of two years imprifonment in Newgate.

The fon of the unhappy Dr Magennis's elder brother takes the title of Lord Vifcount Iveah, of the kingdom of Ireland; but on account of fome old outlawry, the title is not acknowledged by the House of Peers. The last Lord Iveah, whofe family-name was Magennis, and who fat in Parliament, was godfon to King William III. and what is not a little remarkable, was murdered. He was paying his addreffes to a young lady, the daughter of a nobleman, but in the courfe of his courtship, he found that he might obtain the lady on more eafy terms than marriage, and he availed himself of the difcovery. The confequence was, that his Lordship was way-laid by the lady's brother, and fhot to death, when he was totally unprepared for fuch an attack, for he had no fire arms, and only one fervant, who was riding at a confiderable diftance behind him: his murderer, on the contrary, had half a dozen fervants, all armed: he killed him between Maynooth and Dublin, and flying the kingdom, was never after heard of. The Doctor's nephew, as head of the branch of the family nearest to Lord Iveah, af fumes the title.

Account of General Sir George Augustus Eliott.

His celebrated officer, whofe ever

meinorable defence of Gibraltar will alone juftly immortalife his reputation, is the ninth fon of the late Sir Gilbert Eliott of Stobbs, in the diftrict of Tiviotdale, Roxburghshire, Scotland. He was born at the paternal feat in the year 1718, and being early intended for a military life, received an education suitable to this defign.

After obtaining the first rudiments of learning from a private tutor, he was fent to be completed at the University of Leyden, where he made a rapid progrefs in every claffical acquirement, and foon became a perfect mafter of the French and German languages.

In purfuance of the original intention of Sir Gilbert, affifted by the natural bent

of

of his own inclinations, he then quitted Leyden, and repaired to the Ecole Royale du Gens Militaire, at La Fêre, in Picardy, where he received, under the famous Colonel Bellidor, the foundation of that knowledge in fortification and engineering, for which he has fince been fo emi. Bently diftinguished; and having in a fhort time arrived at a competent proficiency in the theory of military operations, he proceeded to that warlike country, the kingdom of Pruffia, where he entered himself as a volunteer, for the purpofe of acquiring an equal knowledge in practice.

In the year 1735, he returned to Scotland; and foon after his arrival, being then only seventeen, was introduced by Sir Gilbert to Lt-Col. Peers, of the 23d regiment of foot, or Royal Welch Fuzileers, then at Edinburgh, as a youth defirous of ferving his King and country, and immediately became a cadet in the grenadier company, where he ferved fomewhat more than a year; attracting, during his continuance in this fituation, the notice and regards of the feveral officers, by his fplendid talents and accomplishments, and not unfrequently enter taining them with a difplay of the Pruffian buffar difcipline, every manœuvre of which he performed with fuch alacrity and precision as plainly evinced, at that early period, both a fondnefs and an ability for the profeffion.

He left this regiment to go into the engineer corps at Woolwich, where he continued till about the year 1740, when his uncle William Eliott, then LieutenantColonel of the 2d troop of horse grenadier guards, brought him in as adjutant to that corps, where his great skill, and unwearied affiduity, laid the foundation of that difcipline, which has rendered those two troops the fineft corps of heavy cavalry in the whole world. With these troops he ferved in Germany, and was wounded at the battle of Dettingen, in 1743, being then lieutenant in the ad troop. After this he purchased the rank of captain, and was again wounded at the battle of Fountenoy. In the year 1746, he became major, on the advance which took place by Eis uncle's quitting the army; and on the 18th of May 1747, Lt-Col. Brereton retiring from the fervice, Maj. Eliott purchafed his commiffion.

Having thus arrived at the rank of lieutenant-colonel, he most difinterestedly refigned his commiffion in the corps of

engineers, which he had hitherto conti nued to enjoy, though he was then engineer in ordinary, with the pay of 10s. a day, and would have been at the head of that department on the decease of the late General Skinner.

On the 31st of May 1756, he obtained' the rank of Colonel; and in the following. month, was appointed aid-du-camp to his late Majefty.

In July 1758, he received the command of the light horfe, which went upon the expedition againft St Malo's, as Brigadier General, under the Duke of Marlborough.

On the 10th of March 1759, he was appointed to the 15th regiment of light dragoons; on the 25th of June a MajorGeneral; and the 1ft of Auguft, in the fame year, is faid to have headed the fecond line of horfe under the Marquis of Granby, at the battle of Minden.

In the beginning of June 1760, his regiment being perfectly formed, and completely difciplined, he fet out for Germany with the Earl of Pembroke, his Lieutenant-Colonel; and the very day his regiment joined the army, it was ordered on action. The Hereditary Prince of Brunswick commanded the detachment, which confifted of fix Hanoverian and Heffian regiments, Luckner's huffars, two brigades of chaffeurs, and Eliott's light horfe. Thefe laft, though they had never before feen the face of an enemy, cut their way through the veteran troops of France, entirely routed them, purfued them with fuch rapidity that they forced them to renew the engagement, and crowned their victory by taking five battalions prifoners, with their commander in chief, Maj. Gen. Glaubitz, and the Prince of Anhalt Coethen, as well as fix pieces of cannon, and all their arms and baggage.

Prince Ferdinand, in his public orders after the battle, gave teftimony to the. particular bravery of Eliott's regiment; and declared he could not" enough commend the courage, good conduct, and good countenance, with which that regiment fought."

The 19th of January 1761, he was conftituted a Lieutenant-General; and in 1762 was ordered home from Germany, for the purpose of affifting, as fecond in command, in the memorable reduction of the Havannah. But far from fanctioning the fhameful ravages which followed the fuccefsful termination of this expedition, the

luftre of his moderation and humanity, on fo trying an occafion, added a brilliancy to that characteristic bravery for which he has been conftantly remarkable. On the General's return, at the conclufion of the peace, when his regiment was reviewed in Hyde Park, and the ftandards of the enemy were prefented to his Majefty; on the King's defiring to know by what marks of diftinction he fhould exprefs the high opinion which he entertained of the gallant chief and his brave troops, he is faid to have replied, that his regiment would be proud if their Sovereign fhould think them worthy of receiving the appellation of ROYAL; but that with refpect to himself, the higheft honour that could poffibly be conferred on him was already obtained in the kind approbation of his Majefty. The King was charmed with this difinterefted conduct, and immediately made his regiment royal, under the title of the Fifteenth, or King's Royal Regiment of Light Dragoons.

Being appointed commander in chief in Ireland in 1774, he went over to that kingdom; but receiving fome difguft on his arrival, by the exercise of inferior authorities, derogatory to the idea which he very properly entertained of his own fituation, he resisted with a laudable fpirit the practice which his manly heart was unable to approve; and being unwilling to disturb the established modes of the fifter-country, from any inconvenience of a mere perfonal nature, he defired to be recalled: a requeft which was inftantly complied with; and on the death of the Hon. Lt-Gen. Earl Cornwallis, Governor of Gibraltar, which happened about the end of the year 1775, he was named to fucceed him.

moft refpectfully replied, that as his Majefty had been graciously pleated to honour him with the command of that important fortrefs, his only bufinefs was to be there. He accordingly fet out in a few days; and arriving at Gibraltar before the Lieutenant-Governor had completed his new battery, naturally took upon himself the fuperintendance of the whole, in confequence of which fomething of a reserve took place between them.

At the time of General Eliott's appointment, Maj. Gen. Boyd, the Lieutenant-Governor, having projected a very capital battery, called the Grand Baftion, was employed in erecting it as the Governor's immediate attendance feemed therefore unneceffary, when the general waited on his Majefty,the King acquaintet him, that as his absence would probably be for fome confiderable time, and he might have private bufinefs to tranf act, there would be no material inconvenience if he thould protract his departure till his own perfonal affairs should be adjufted. With that ftrict fenfe of duty, however, which has with him conftantly abforbed every other confideration, he

Indeed, the unusual exertions he made, immediately on his arrival, greatly alarmed both the inhabitants and military.

With respect to the former, as he fent for the principal Jews, Genoese, and natives, took a memorandum of their affeffments, ordered their habitations to be numbered, and interrogated them on fuch fubjects as tended to furnish him with a complete idea of the state of the whole fortrefs, they fufpected that these minute inquiries would end in fuch pecuniary exactions as paft experience had. given them but too much reason to dread and as for the latter, they anticipated the inconvenience of the new mode of difcipline they perceived was about to be established; and thofe officers of diftinction, in particular, who had been accustomed to trifle away their time at the Governor's, were certainly not a little chagrined, when he informed them, though with the utmoft politenefs, that his ufual place for feeing company, was at the parade in the morning.

The difagreeable apprehenfions, however, which had at first generally prevailed, were very speedily banifhed. The inhabitants foon difcovered that he had no fordid or unworthy views on their property; and the military as quickly perceived, that the difcipline he established was clearly calculated for univerfal advantage, and that the strict performance of their duty, under regulations which tended rather to promote their eafe and happiness, than give the smallest interruption to either, was the whole that he required of thofe who were subject to his command.

During the early periods of the fiege, the Spaniards, as well as his own garrifon, were unable to account for his conduct. He permitted them, without moleftation, to push their approaches, and erect their batteries; but juft as they began to imagine they fhould be able to fucceed in their attack, before they could

poffibly

poffibly begin, he has conftantly, by a well-conducted fally, or a judicious appointment of oppofed batteries, destroyed in a few hours the labour of many months, and the expence of fome thoufands of pounds.

On the 2d of April 1778, he was confituted a General.

In that glorious and moft fuccefsful fally, which took place the latter end of the year 1781, [vol. 43. p. 660.] tho' the Governor generously gave all the praife to Gen. Rofs, who commanded the party, he himfelf went out with the troops, and faw the business effectually performed. Though, for the reafon before mentioned, a referve had long fubfifted between General Eliott and the LieutenantGovernor, yet when the attack on the Spanish land-batteries on the ifthmus, which took place on the 8th of September laft, was concluded to be advifeable, be appointed that officer to direct and fuperintend the fire: and it was with peculiar pleasure that the garrifon obferved the General and his Lieutenant-Governor difcourfing and walking together alone on the parade for near an hour: after which the latter went to his poft, and the happy confequences are well known. [vol. 44. p. 545.]

Fully perfuaded that the Spanish floating-batteries would, from their conftruction, require to be oppofed by particular force, having felected fuch fpots as he confidered beft adapted for erecting new batteries, he inclofed the workmen on the ground where their operations were to be performed, and on no account permitted them to leave it till the bufi nefs was fully completed, and the artillery men entered for the purpose of working the guns. This precaution was adopted, that it might not be in the power of any deferter to give the enemy intelligence refpecting there preparations. The reception he gave their floating bulwarks, on the 13th of September 1782, is known to all the world [vol. 44. p. 601.] That veteran in war, and illuftrious hero, the King of Pruffia, with a noble generofity peculiar to himself, difdained not to pen the eulogium of the brave Governor of Gibraltar, whofe conduct he had long noticed and admired, in a private letter to this celebrated chief. And his own Sovereign, with other marks of his royal approbation, has in the prefent year created him a Knight of the Moft Honourable Order of the Bath: to which

dignity a penfion of 20001. a-year is annexed, to be inherited, after the decease of Sir George Auguftus Eliott, by his fon Lt-Col. Eliott, of the Inniskilling dragoons.

The difpofition and habits of life of Sir George Auguftus Eliott, rendered him peculiarly calculated for the truft which was fo fortunately repofed in him. He has inured himself to hardships, and is perhaps the most abftemious man exifting. His chief food is vegetables, and his drink water. He neither indulges himself with animal food, nor with wine, and feldom fleeps longer than four hours. Having early accuftomed himself to strict difcipline, and being perfectly convinced of its good effects in all military operations, he foon prevailed on his brave gar rifon to follow the example he with fo much chearfulness fet before them; and long before the enemy had rendered the feverities of a close fiege abfolutely neceffary, his gallant troops were prepared to fuftain them with fortitude.

One trait in the character of this great man has hitherto escaped his numerous biographers. They have not discovered with all their boafted refearches, in the perfon of Sir George Auguftus Eliott, the Cincinnatus of Britain *, whose, fplendid talents excite our admiration as much in the fmiling fields of peace, where we fee him cultivating his own lands with a view to the improvement of agriculture, as where we perceive him in the crimson plains of deftructioneven though we there behold him generoufly weeping over the irresistless fate of his fallen enemy.

Sir George Auguftus Eliott married a fifter of the prefent Sir Francis Drake, by whom he had a fon and daughter: the former, who inherits the military talents of his father, we have already mentioned; and Mifs Eliott has been fome years married to Mr. Fuller of Bayly' Park, Suffex.

Sir George had the misfortune to lofe his lady near fourteen years fince. He is now about fixty-five, and poffeffes that vigour of frame, and uninterrupted flow of health and spirits, which are the happy effects of a life of activity and temperance.

This alludes to a communication made by the General to the Society for encoura ging Arts, &c. giving an account of fome fuccefsful experiments he had made in the culture of Syberian barley. See p. 7.

PAR