terlocutor, and affoilzied Mr Falconer, but found no expences due to either party. — In this caufe, a very nice queftion, as to the duty of a poftinafter, occurred, viz. Whether he may, in confiftency with the fidelity of his office, give to a young lady's father a letter addreffed to her, when he knows that the father is to open it, contrary to her inclination? It was faid, on the one hand, That a father has fuch a right to watch over his daughter's conduct, that he is intitled to fee her correfpondence. But, on the other hand, it was argued, That every perfon who puts a letter into the poft-office, has the public faith pledged for its inviolable fecurity; and that to allow exceptions upon plaufible reafons,, would deftroy all confidence, and be exceedingly dangerous; that, for inftance, the letters of all private soldiers might be delivered to their officers to open, as the officers may fufpect them of desertion, and have, no doubt, a right to attend to their good behaviour. On the 16th of December, the court of feffion gave final judgement in a caufe, which, in its confequences, is of importance, and particularly opens a fund for relief of the poor, in a way that must give univerfal fatisfaction. The cafe is, In January 1769, Meff. Maxwell of Dalfwinton and Blair of Dunrod laid a wager of 2001. Sterling, Which of them fhould ride fooneft from Dumfries to Kirkcudbright which is about twentyfeven miles. Mr Blair being taken ill on the road, feven miles fhort of Kirkcudbright, yielded the race at that place, gave bill for the fum loft, and died before the bill became due. Mr Maxwell faed Mr Blair's heir for payment; who pleaded in defence the Scots ftatute 1621; whereby it is declared, that all money won at cards and dice, or in wagers at horfe races, above 100 merks Scots, belongs to the poor of the parish. Mr Maxwell pleaded, That this ftatute was in defuetude. But the court, in July, found, That the ftatute was not in defuetude; and appointed the kirk-feflions of Dumfries and Kirkcudbright, and the kirk-feffion of Kelton, in which parith Mr Blair gave up the race, to appear for their interefts. Mr Maxwell gave in a petition against this judgement; to which the kirk-fef fions made anfwer; and, upon advifing the matter, one of the judges ftated fome doubts. He doubted if the ftatute was fill in force; and, even though it were, if this was properly a horfe-race in the meaning of the ftatute; and made leve ral ingenious remarks. Which being ful ly cleared up by other judges, the Lord Prefident fummed up the whole in a m fterly manner. He extolled the wifica of our ancestors, the framers of this w and fhowed its fuperior excellence to the laws of other countries against gam He proved, by a chain of connected pr cedents, that actions had been futtair. upon this ftatute, and was clear it re mained in full force at prefent: and th he pathetically expreffed his feelings to the ruin of young men, and the defe tion of families, which the prevailing vice of gaming was now bringing on this co try; and that he was happy in this oppor tunity to make the law publicly know.'s all ranks, and withed it might have Le defired effect. The act founded on is that of Ja, V parl. 23. 1621. cap. 14. Ament playing cardes and dice, and horse-races; wind we infert entire, viz. "Our Sovereign Lord, and Elates Parliament, confidering the manifol vils and inconveniencies which ende on carding, and dycing, and horse-re which are now overmuch frequent. this country, to the great prejudice. the lieges; and because honeft meng not to expect, that any winning ha any of the games above written cr them good, or profper, HAVE thed ftatuted and ordained, That no ma play at cards nor dyce in any com houfe, town-hoftelrie, or cookes be under the pain of 401. money of realme, to be exacted of the keep the faids inns, or common houta, the firft fault, and lofs of their ble for the next. Moreover, That it not be lawful to play in any other man's houfe, but where the master family playeth himself. And if t happen any man to winne any fumm money at carding or dycing, at fumme of 100 merks, within the p twenty-four houres, or to gune gers upon horfe-races, any fumme the faid fumme of 100 merks, the plus fhall be configned, within tw four hours thereafter, in the bandtheafurer of the kir, if it be in. burgh, or in the hands of foch kirk-feffion in country-parochines a lects and diftributes money for t of the fame, to be employed alw the poor of the paroche where fuch inning fhall happen to fall out. And the effect that either excefs in play ay be thus reftrained, or, at the leaft, ceffive winning may be employed as id is, our Sovereign Lord, by act of his preme court of parliament, gives full wer and commiflion to the baillies and agistrates of burrows, the sheriffes and ftices of peace in the country, to purfue nd conveen all fuch perfons for all winng at cardes, dyce, and horfe-races, hich fhall happen to be made by any erfon, by and attour the faid fum of 100 erks money aforefaid. And in cafe the agiftrate informed thereof refufe to rfue for the fame, the party-informer all have action against the faid magirate for double the like fumme; the one alf whereof to be given to the poor, d the other halfe to the party-inform At Stirling, Lord Pitfour judge, James aclean, late refidenter at Gatefide in ft-Lothian, David Anderfon and Da1 Balfour, late failors at Leith, indictfor burglary, in forcibly entering the ufe of James Allan at Dunmore-park Auguft 1773 [xxxv. 556.], along with omas Maclatchie, and robbing him of 1. Sterling, and cloaths, petitioned for ifhment. The advocate-depute, in pect that the juftice due to the country s in fome measure fatisfied, by Macthie their accomplice being executed the fame crime, confented. The rt then banished them to the plantais for life, and adjudged their services feven years. [xxxv. 613.] it Perth, the Lords Kames and Kenjudges, Francis Thorniloe, ferjeant he 67th regiment, tried for houseiking and theft, by breaking into the fe where Capt. Croasdaile was quard, violently opening his bureau, and ying off the whole money therein, g 140 guinea-notes, was found guilty by the jury, and condemned to be hanged at Perth upon the 17th day of June; and he was executed accordingly.Marion Moodie, widow of John Gowans in the parish of Dunning, indicted for poifoning her husband, was, by appointment of the court, carried to Edinburgh prifon; and on the 2d of July, the high court of jufticiary, on a petition from her, and the confent of the Lord Advocate, fet her at liberty. The fufpicions of her guilt were strong, but the proof of it was weak. Agnes Muir, indicted for child-murder, died before the court met. It is believed, that there has not been any one circuit in Scotland where fo many jury-trials have been gone through at one fitting. The court fat down every day between feven and eight in the morning, and did not rise till betwixt eleven and twelve at night. At Aberdeen, Lord Kames judge, William Soutter junior, fon to Lord Halkerton's ground-officer, indicted for ftealing feventeen cattle in one drove, and felling them on the road to three Englishmen, was found guilty by the jury; but they recommended him to mercy, on account of his youth, being only twenty years of age, and not charged with being habite and repute a thief, this ap pearing to have been his firft tranfgreffion. He was condemned to be hanged on the 8th of July, — He afterwards got a pardon. At Dumfries, Lords Juftice-Clerk and Coalfton judges, Margaret Haftie, indicted for childmurder, was, on her petitioning, and the advocate-depute's confenting, banifhed to the plantations for life, and her fervice adjudged for five years. The Lords Coalfton and Kennet were appointed to go the western circuit laft autumn, the Lords Juftice-Clerk and Pitfour the northern, and the Lords Auchinleck and Kames the fouthern; - and the courts fat down at Inverary, Oct. 8. Glafgow, Oct. 15. and Stirling, Oct. 21.; at Perth, Sept. 15. Invernefs, Sept. 22. and Aberdeen, Sept. 30; and at Jedburgh, Sept. 7. Dumfries, Sept. 14. and Air, Sept. 21. At Dumfries, the Lord Auchinleck judge, John Cook, a foldier in the 19th regiment of foot, was tried for a rape committed upon Mary Graham, daughter of John Graham in Hole, in Graitney parish. The jury, with only one diffenting voice, found the pannel guil4 Y 2 ty; ty; and he was fentenced to be executed on the 2d of November.― Lilias Milligan, fervant to James Clark merchant in Dumfries, indicted for childmurder, was, on her petitioning, and the advocate-depute's confenting, banished to the plantations for life, and her fervice adjudged for two years. At Perth, Lord Pitfour judge, Elifabeth Bruce, late refidenter in Kirriemuir, indicted for childmurder, was fugitated for non-compearance. At Glasgow, the Lords Coalfton and Kennet judges, Elifabeth Macmurtry, from Pailley, indicted for childmurder, was, on her petitioning, and the advocate-depute's confenting, banished to the plantations for life, and her service adjudged for feven years. A melancholy affair happened in the Pleafance, Edinburgh. Thomas Cuming, a travelling chapman, had an only child ill of the fmall pox. On Monday evening, Aug. 29. the infant being thought in a dangerous way, the mother of Cuming fent a young woman to attend during the night, and give the neceflary afiistance to the father and mother. On Tuesday morning the child expired; upon the difcovery of which, Cuming butchered, in a most inhuman manner, his wife and the young woman, with an axe. He afterwards cut his own throat: but not having done it effectually, by miffing the wind-pipe, he hung himself up by his neckcloth, upon an inftrument which he fixed in the wall; and he was found in that fituation when the door was broke open, about fix o'clock, quite dead, as well as the two unhappy women. Cuming upon a former occafion, made an attempt to murder a travelling chapman in Dundee; but was not brought to any trial, it appearing that he was deprived of his judgement. He was therefore confined in Bedlam; but fome time ago having reconvalefced, he was fet at large, as being unhappily thought perfectly found. John Reid fether at Hillend, Stirling fhire, was hanged, at Edinburgh, for fheep ftealing, on the 21ft of September. He was found guilty by the jury unanimously, but he denied his guilt as to the act for which he fuffered. He confefied his having formerly ftole a few sheep, and deferted feventeen times. John Downie, day-labourer in the panth of Spott, was tried before the ju#iciary court, Dec, 12. for the murder of John Darling in Mains of Spott.-The facts were thefe. On Friday evering, July 29. Darling, Downie, and o thers, were in a public houfe; and hap pening to be showing their watch, Downie in a joke put up Darling's. Af ter they came out, Darling asked la watch; and, on Downie's refuling to give it, said he would take it by form; and did fo accordingly: at which Dnie was irritated, and a fufhe entired. After they parted, Darling, and ou James Foord, entered the iron pate of a gentleman's inclofure, flut it, and wee walking up the avenue: but Down, crying after, and abufing them, they returned; and Darling Hepping haftily to the gate, Downie, with a scythe wid he had in his hand, aimed a firoke a him through a broken part of the gt, and cut him in the belly in a mot hảo ing manner. Darling farted back, 1 cried out, that he was gone, that exa killed! Downie immediately burk p the gate: on which Foord cried at "What are you going to do! wilys kill the man outright!" Downto plied, “No! I'll do him no more han and if he dies, I'll die with him.” W Crombie, minifter of Spott, took apro cognition at Darling's mouth, (whew) till the Tuefday evening), from wi the above is taken. On Mr Crom asking Darling, he declared, to beli Downie had no bad defign agard Darling's behaviour was candid r. nerous, fuch as became a brave ma a good Chriftian. Downie was ODE unreferved. A few hours after the event, Downie went to Darling's fide, and asked forgiveness. I took him kindly by the hand, fr "John, I forgive you, and I pray (e) to forgive you; but fee inftantly, er law will lay hold on you." plied Downie), I fcorn to flee; l' my trial, and if I am found worth death, l'il die." A few minutes feeing the theriff-officers coming, be to them, and asked, "Are you com feize me?" They answering, they ordered to apprehend one John D he replied, "I am the man; I gɔw and went with them. — The fury, one voice, found the pannel goby; intreated the court to apply 110 which the Lord Justice Ckr 'F would do. He was fenienc hanged on the 25th of mari has got a pardon. 721 The LONDON General Bill of Chriftenings and Burials, from December 14. 1773, to De- General Bill of Mortality for 1774, in EDINBURGH, and WEST-KIRK parish. Bowelhive 137 Confump- 1355 2 Water in head s Childbed 15 Draughts 4 Executed The burials in the Canongate and Calton burial-places are not included. I Incr. 244. 248 465 1351 6 I I Long articles are divided; the higher divifions marked by a forter, the fubdivifions by a linger A Berdeen, damage done Rofton: Affembly meets isounty of the other co- Camp, arrow fhot at a Cannon, &c. belonging --- Congrefs, provincial, its Council, new one ap- Counsellors new, obliged Falt kept at 581 Huit, his feditious fer- mons 452 Hutchinfon, Gov. calls Inhabitants, their rage - Non-importation propo fed 184 Oliver, Lt-Gov. ford 360 Port fhut up 353. Powder belonging to, Sermon preached at s Tea, commillones pat Troops, unfriendly be Volunteers, a company - Caro ina, North Difer Carolina South: Refer - |