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`your gun to him, you refused so to do; and, upon the Earl's approaching towards you, you cocked your gun, and prefented or pointed it at him: And upon the Earl's then faying," Sir, will you fhoot me?" you anfwered, That you would, if his Lordship did not keep off; to which the Earl replied, That if he had his gun, he could fhoot pretty well too, or used words to that import; and defired a fervant to bring his gun from his coach, which was then at some distance; and the Earl having difmounted, and walked towards you, leading his horfe in his hand, (without arms, or offenfive weapons of any kind), you ́retired, or stept backwards, as he approached, and continued to point your gun at him; defiring his Lordship again to keep off, or, by God, you would fhoot him: And a fervant near to the Earl, having begged of you, for God's fake, to deliver your gun, you again refufed, faying, You had right to carry a gun; to which Lord Eglintoun answered, That you might have right to carry a gun, but not upon his eftate without his liberty; but you ftill perfifted in refufing to deliver your gun: and, by ftriking your foot against a fmali ftone, having fallen upon your back, when retising, and keeping your gun pointed at Lord Eglintoun, as above defcribed, the muzzle of the gun came thereby to be altered in the direction from Lord Eglin toun, and to be pointed near straight upwards; and Lord Eglintoun, who was only diftant from you two or three yards, having ftopped or stood still upon your falling, you, as foon as you could, recovered yourself, and refting upon your arm or elbow, aimed or pointed your gun to the faid Alexander Earl of Eglintoun, and wickedly and feloniously fired it at him, then standing unarmed, fmiling at your accidental fall; and by the fhot he was wounded in the belly in a dreadful manner, the whole lead-fhot in the gun having been thrown into his bowels; of which wound the faid Alexander Earl of Eglintoun died that night about twelve o'clock. And you the faid Mungo Campbell, after perpetrating so cruel, wicked, and barbarous a crime, did immediately run to one of Lord Eglintoun's fervants, who had brought his gun from his coach, and who was ftanding at fome diftance, and endeavoured to wreft the gun from him; but was prevented by the affiftance of another fervant; and when the two fervants were engaged with you in defending the gun, and endeavouring to

fecure you, the Earl, who was then fitting on the ground, called to the fer vants, to "fecure the man, for he had fhot him, but not to use him ill," or used words to that purpose and effect; and, upon your being brought near to Lord Eglintoun, he faid to yourfelf, "Camp. bell, I would not have shot you." And you, the faid Mungo Campbell, when carrying from the place where you com. mitted the forefaid crime, to Saltcoats and Irvine, did acknowledge to fundry perfons, that you had wilfully and intentionally fhot the faid Alexander Earl of Eglintoun. AND the faid Alexander Earl of Eglintoun, when within two or three hours of his death, in giving an account to John Moore, furgeon in Glasgow, who was called to give what affiftance he could in the way of his profeffion, of what had paffed between you and him, did in fubftance say, that you, the faid Mungo Campbell, did take an aim at him, and hot him wilfully; and which account of the matter was given by the faid Alexander Earl of Eglintoun with the greatest calmness and composure. And you, the faid Mungo Campbell, having been brought before Charles Hamilton of Craighlaw, Efq; a juftice of peace of the county of Air, upon the faid twenty-fourth day of October One thousand feven hundred and fixty-nine; and thereafter before William Duff, Esq; sheriffdepute of the county of Air, upon the twenty-feventh day of the faid month of October; you did voluntarily emit two declarations, which were fubfcribed by you, and will be used in evidence against you upon your trial: And, for that purpose, both declarations fhall be lodged in the hands of the clerk of the court of justiciary, before which you are to be tried, that you may see the fame. AT LEAST, at the time and place above described, the faid Alexander Earl of Eglintoun was felonioufly murdered, or bereaved of his life, by a wound he received from the fhot of a gun, and of which wound he died in about twelve hours, or fome fhort fpace, thereafter; and you, the faid Mungo Campbell, was actor, or art and part, of the faid murder. ALL WHICH, or part thereof, being found proven by the verdict of an affize, before the Lords Juftice General, Juftice-Clerk, and Commiflioners of Jufticiary, you ought to be punifhed with the pains of law, to the terror of others to commit the like in time coming.

JA. MONTGOMERY.

MAR

MARRIAGE S.

Nov. 17. At Dunninald, Forfarfhire, Sir William Nairne of Dunfinnan, Bt, to Mifs in Alexandrina Scot, fifth daughter of Robert Scot, Efq; of Dunninald.

24. At London, the Hon. and Rev. Mr Henry Beauclerk, to Mifs Drummond, daughter of John Drummond, Efq; banker, at Charing-crofs.

25. At Edinburgh, Alexander Bofwell, Efq; of Auchinleck, one of the Lords of Seffion and Jufticiary, to Mifs Betty Bofwell, fecond daughter of John Bofwell, Efq; of Balmuto, deceafed. [xxvii. 672.]

25. At Lainfhaw, in the fhire of Air, James Bofwell, Efq; of Auchinleck, advocate, to Mifs Peggy Montgomery, daughter of the late David Montgomery of Lainfhaw, Efq;

26. At Cortachy, Sir John Wedderburn, to Lady Margaret Ogilvie, eldest daughter of the Earl of Airly.

BIRTH S.

Nov. 11. At the Hirfell, near Berwick,

the Countess of Home, of a fon.

At Dublin, the Lady of Lord Blayney, of a fon and heir-apparent. [xxx. 502.]

13. The Lady of Robert Campbell, Efq; advocate, niece to the Hon. Mr Juftice Yates, of a daughter. [54.]

17. The Princefs of Mecklenburg Strelitz, of a princess.

The wife of David Bolton weaver in Dirleton, of two fons and a daughter, likely

to do well.

At Airly in Worcestershire, the Countefs of Anglefea, of a fon and heir-apparent. 28. At London, the lady of Mr Fox, fon of Lord Holland, of a daughter.

29. Mrs Sinclair, wife of Mr Andrew Sinclair merchant in Edinburgh, of a fon.

P. S. Dec. 9. At Hopeton-house, the Countess of Hopeton, of a fon. He is bap

tized Alexander.

DEATH S.

Oct. 1. In East Hartford, Connecticut, William Pitkin, Efq; Governor of that province.

At Boston, James Verchild, Efq; prefident of the island of St Chriftopher, and who

was for a confiderable time commander in chief of all the Leeward iflands.

At London, Samuel Wilfon, Efq; of Hatton Garden. By his will he has left 20,000l. to the chamber of London, to be lent out in small fums to young freemen, for fetting them up in business, they finding two fufficient. fureties, and paying one per cent. intereft, which goes for payment of clerks, and other expences.

17. In her paffage to Nice for the recovery of her health, Mifs Sinclair, only daughter of John Sinclair, Efq; of Frefwick.

29. Mr James Sibbon, a fhip carpenter, aged 105. He was journeyman in the yard when the Czar Peter the Great came to England to learn the art of fhip-building.

31. At London, Mrs Helen Swinton, daughter of the late Colonel Swinton, and grand-daughter to the late Lord Mertington. 31. At Hampstead, Mr Thomas Crosby, aged 102, formerly coachmafter. He has left to hackney-coachmen upwards of sool. Nov. 2. Dr Robert Lamb Bishop of Peterborough.

3. At London, Dame Eleanora Houston, daughter of the late Lord Cathcart, and widow of Sir John Houston, Bt.

9. At Wester Anftruther, Robert Hamilton, Efq; of Kilbrachmont.

9. Mrs Anne Bennet, a widow lady, aged 110.

10. At Nine Elms, near Vauxhall, Captain Hollymore. His mother had prepoffeffed him when a child, that he should die on the 10th November 1769, and in confequence of that prepoffeflion, he made his will, and gave orders about his funeral; and though feemingly in perfect health when he without the leaft fign of violence of any kind. went to bed, was found dead next morning,

Viscount Loftus of Ely, and Baron Loftus 12. At Dublin, Nicholas Earl of Ely, of Loftus-hall. Dying without iffue, the title of Earl is extinct; but his Lordship is

fucceeded in the title of Viscount Loftus of Ely by his uncle Henry Loftus.

Lady Cecilia Lennox, youngest fister to the 13. At Paris, in the 20th year of her age, Duke of Richmond.

13. At Hampstead, Charles Dingley, Efq; a great projector, and mafter of the fawmills at Limehouse.

bert de Luffan, Archbishop of Bourdeaux. 15. In his diocefe, Lewis James d'Audi

16. At Hammersmith, of the fmall pox, Henry Paget, Earl of Uxbridge, Baron Paget of Beaudefert, and of Burton. Dying unmarried, the title of Baron Paget, and an eftate of 8000 l. a-year, defcend to Henry Bayly, eldest son of Sir Nicholas Bayly, Bt.

17. At London, Lord Fortefcue.

18. Lady Bennet Cecil, youngest daughter of the Earl of Salisbury.

20. At Edinburgh, Mr Archibald Wallace, merchant in that city.

20. In Devonshire, William Lebro, Efq; aged 113 years.

23. At Edinburgh, Mrs Jean Lauder, wife of Dr Patrick Cuming, one of the minifters of Edinburgh.

23. Mr George Bofwell faddler in Edinburgh.

24. At York, Duncan Campbell, Efq; who has been comptroller of the customs ar Hull upwards of forty years.

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2d reg. of dragoons: Surgeon James John. fton, of the 6th reg. of foot, to be Surgeon, vice Andrew Wood; by purchase.

16th reg. of dragoons: Thomas Trewren, Gent. to be Cornet, vice John Delap Halliday; by purchase.

Coldstream reg. of foot-guards: Col. William Alexander Sorell to be First Major, vice William Evelyn, preferred.

Ditto Col. Francis Craig to be Second Major, vice William Alexander Sorell.

Ditto Lt-Col. Anthony George Martin to be Captain of a Company, vice Francis Craig.

Ditto Lt-Col. Charles O'Hara to be

Grant to be Surgeon, vice James Johnston, preferred; by purchase.

From other papers, &c.

Jonathan Trumble, Efq; Governor of Con necticut, in the room of William Pitkin, Efq; deceased, and Matthew Griswold, Efq; De puty Governor of that province, in the room of Mr Trumble. Elected by the general affembly of the colony, Oct 13. 1769.

The Earl of Dunmore, one of the fixteen peers for Scotland, Governor of New York, in the room of Sir Henry Moore, deceased. His Lordship kiffed his Majesty's hand on his appointment Nov. 24.

Col. Burgoyne, Governor of Dumbarton caftle, in the room of Archibald Earl of Eglinton, who has refigned. The Colonel kiffed his Majefty's hand on his appoint ment Nov. 23.

Archibald Earl of Eglinton, one of the Lords of the King's Bedchamber.

The Hon.

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Shirley, Efq; Deputy Ran ger of Hyde and St James's parks, in the room of the now Earl of Eglinton.

Stephen Poyntz, Efq; nephew to Lady Spencer, Secretary to the embassy on the Lower Rhine.

The univerfity of Edinburgh have conferred the degree of Doctor in Divinity on Mr John Trotter, minifter at Ceres in Fife, who has accepted of a call from the diffenting congregation of Swallow-street, Weftminfter.

Prices of grain at Haddington, Dec. 15. 14 ́ ́).
Beft.
Wheat, 165. 6d.

Bear,

Second. 15 s. od. 12 s. 10 d.

Thi 14 S. od. II s. 6 d.

13 s. 6 d.

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8 s. 4 d. 1. 9 s. od.

Captain-Lieutenant, vice Anthony George Peafe,

Martin.

Ditto: Enf. Vincent Corbet to be Lieutenant, vice Lt-Col. Charles O'Hara.

Edinburgh, Dec. 19. Oat-meal, 11 d. Bear

Ditto: Charles Viscount Petersham to be meal, 7 d. 2 f. Pease-meal, 7 d. 2 f.

Enfign, vice Vincent Corbet.

3d reg. of foot-guards: Col. William Whitfhed to be Lieutenant-Colonel, vice Bernard Hale, preferred.

Ditto: Col. Michael Hudfon to be First Major, vice William Whitfhed.

Ditto Lt-Col. Daniel Jones to be Second Major, vice Michael Hudfon.

Ditto Lt-Col. Humphrey Stevens to be Captain of a Company, vice Daniel Jones.

Ditto The Hon. Capt. James Murray, of the 42d reg. of foot, to be Captain-Lieutenant, vice Humphrey Stevens.

Ditto: Capt. Frederick Cavendish Lyfter to be Quartermafter, vice Samuel Pocklington, who retires.

2d reg. of foot: Enf. Rofs Osborne Gayen, from halfpay, to be Enfign, vice Richard Reade, who exchanges.

6th reg. of foot: Surgeon's mate Patrick

The Edinburgh bill of burials for November 1769.

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Judicial proceedings, the Duke of GRAF-MUSGRAVE and JUNIUS expofed 630. TON against Mr VAUGHAN. Arguments JUNIUS's audacious addrefs 633. by Mr Wedderburn 617. Anfwered by MODESTUS in anfwer to it 639. Mr Solicitor General 618. An office-copy On a SMUGGLED EXECUTION 645. of the letter ib. Lord Mansfield's speech On the calling of MINISTERS 646. A criticifm on POPE 646.

619.

JUNIUS to the Duke of Gn, on the
Anfwer 621.

fale of a place 619, 20.

A cure for the CATTLE-DISTEMPER 621. prayer of O. CROMWELL 622.

A

NEW BOOKS, with remarks and extracts.
Boftonians appeal 648. On affairs in
Grenada ib. Advice to landholders and
farmers 651.

LIBERTINES encouraged even by virtuous || SHIPPEN on diffolving parliaments 652. ladies 622.

A FIRE-ENGINE. Blakey to Mr Fergufon 623. A description of his patent-engine 624. With a plate.

On the putrid SORE THROAT in America 625.

Dr SOLANDER's letter from Rio de Janeiro 627.

Management of GRASS-LANDS 629.

A defect in the catastrophe of ENGLISH
TRAGEDIES 631.

Of the number of PETITIONERS and Ap-
DRESSERS 632.

POETRY. Prologue on opening the Edin-
burgh theatre 652. Gordon on the new
year 653.
Woodhoufe to a lady on her

birthday ib. Ode to Inclination ib. The
delicate complaint 654. The acknow-
ledgement of ditto ib. Whitehead's new-
year ode ib.

The fashionable murderer ib. A paftoral dialogue on the nativity 655. Epigram for the ladies ib. HISTORICAL AFFAIRS. Foreign 656. American 660. Eaft-Indian 661. English 662. Irish 666. Scottish 668. LISTS, &c. 671, 2.

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The Duke of Grafton against Mr Vaughan. N Monday, Nov. 27. at eleven o'clock, came on in the court of king's-bench, before Lord Chief Justice Mansfield, and the rest of the judges of that court, the long expected motion, "Whether Samuel Vaughan, Efq; fhould not fhew caufe, in a complaint, at the fuit of the Duke of Grafton, relative to the fum of five thousand pounds, offered by that gentle man to his Grace, for procuring his fon the reverfionary grant of Clerk of the Crown in the island of Jamaica?"

Mr Wedderburn, on the fide of the defendant, opened the cafe, and, with un-. common ingenuity, for above an hour, faid every thing that argument or fubtilty VOL, XXXI.

could urge.

In the exordium of his

fpeech, he acknowledged, "that though the fact committed by Mr Vaughan may not, strictly, be defended, as gentlemanly, or honourable; yet it could not properly come before that court as a mifdemeanour in law,-that court having no right to take cognisance of actions merely pro correctione morum; as the money, though offered, was not received. He inftanced this, in the fuppofal of a cafe, where a man folicits the wife of another, and the refuses; -on the principle of her refufal, the law has no claim on the folicitor, on account of, the immorality of the action; whereas, if he had confented in the difhonouring her husband, then, and only in that cofe, he would be amenable to the court

4 I

Befider,

Befides, my Lord," continues Mr Wedderburn, "the ideas that perfons have at this, and the other fide Temple bar, in regard to the fale of public offices, are very different; thofe of the other fide imagining, from their general notions of traffick, that as fome places are faleable, all others may and it may apply very readily to Mr Vaughan in the prefent cafe, as this very individual place has been formerly fold for the creditors of a former patentee. -Propofals of this nature, therefore, my Lord, are fo customary, though perhaps not fo public, that, I believe, were they all to come before your Lordship, this court would have little elfe to do. Be. fides, in this particular cafe, we have no precedent, no, I will advance, not 2 fingle one, that makes it criminal, merely to offer money for the purchase of public offices. If fo, my Lord, if there's not a fingle dictum to the contrary, how is Mr Vaughan blameable for an action, though not in a moral fenfe praife-worthy, yet in no other refpect repugnant to the legal inftitutes of his country?"

Here Mr Vaughan's affidavit was read containing the offer of the 5000 1. *. Then the Solicitor-General replied to Mr Wedderburn, to the following purport.

"My LORD, I fhall not take up the time of the court, in replying in the fame ftyle of ingenioufnels and elegance as my learned brother; the cafe is too obvious, indeed, to require it. He begins, by obferving, that the attempt to do a thing does not become criminal till it is confummated. But if base attempts were not in moft cafes cognisable, fociety would foon lofe its firmest band. The cafe in point is, however, of all cafes,

PUBLIC ADVERTISER, Dec. 19. The following is a genuine copy of Mr Vaughan's letter to the Duke of Grafton, taken from an office-copy.

"MY LORD DUKE,

Mr Henry Newcome's ftrict honour, as well as his very fincere regard for your Grace, rendered him (in my opinion) the propereft perfon to intruft with a propofition that required the utmoft fecrecy; but his delicacy preventing, I am (by the nature of it) precluded from every other method, but by immediate application to your Grace; in which am confirmed by Mr Howell's applying again yesterday to purchase a refignation of the patentee, who is my friend.

The inclofed affidavit will fhew the propofal, which will be increased, if neceffary; and would your Grace indulge me by peru

in a free country, the worst of attempts; it is no less than that of trying to fuborn a minifter, who has the warmest confidence of his King, as Privy Counfellor, and First Lord of the Treafury, to abufe that confidence, by a breach of duty that would be criminal even in the meaneft fubject.-In respect to the cafe Mr Wedderburn fuppofes, of a person foliciting the wife of another, let me fuppofe another cafe more applicable.Suppofe the Noble Duke had accepted the bribe, would not common fenfe, as well as common law, fay, that the Duke would be accountable for fuch an act? Now will any one be hardy enough to fay, that because the Noble Duke did not receive the money, Mr Vaughan is inculpable? I am afhamed of the neceffity of this fuppofal; there is an abfurdity on the face of it. My learned friend has likewife obferved, "that if all folicitations of this nature were cognisable in this court, your Lordship would have little elfe to do." I do not know, my Lord, whether it may be fo;—but admitting the fact, the business would be very well worthy your attention, in ftemming a tide of corruption and venality that must very foon sap the pillars of this conftitution. Mr Wedderburn has likewise thrown down his gauntlet for me to quote a precedent where the fact becomes illegal. I will accept it. [Here Mr Solicitor General quoted Lord Chief Juftice Hale on bribery, as well as feveral pertinent inftances in regard to elections.] So that, my Lord, in whatever light this tranfaction comes to be viewed, whether as a dishonourable action or an illegal one, it equally answers to both fing the cafe, I truft it would appear, that I have a pretenfion in preference to any other.

I will take an opportunity of waiting upon your Grace, hoping the honour of a conference, otherwife to receive back the affidavit, in order to deftroy the fame.

I am, your Grace's most obedient and most humble fervant, SAM. VAUGHAN. His Grace the Duke Mincing-lane, of Grafton.

10 June, 1769."

N. B. The Duke of Grafton's name was not fo much as mentioned or alluded to either in the affidavit, or in the cafe tranfmitted to the Duke, with the committee's report to the affembly in Jamaica; each of which, with every minute circumstance relating to the tranfaction between the Duke and Mr Vaughan, will in due time be laid before the public.

epithets;

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