The Edinburgh Magazine and Literary Miscellany

174

JULY.

Miraculous Escape.-On the 7th ultimo, when a servant was returning from Melrose fair to Galashiels, mounted on a horse, the property of Mr Caverhill of Jedburgh, which runs in the Blucher stage coach, something alarmed the animal, and caused it to leap over the parapet of Melrose Bridge. Though the horse and its rider were precipitated into the Tweed from a height of sixty feet, they both providentially escaped to the shore, with very little injury to either.

Outrage in Glasgow.-An affray which threatened serious consequences took place in Glasgow on the 28th ult. between a party of the 13th regiment stationed there and the inhabitants. The soldiers were somewhat intoxicated; and in the quarrel drew their bayonets, from which several of the inhabitants as well as the police receivAt length the soldiers ed serious wounds. were overpowered, and 16 of them, all more or less hurt, were carried to the police office. In consequence of this outrage the same week marched regiment was the from Glasgow to Stirling Castle; a detachment being stationed at Greenock.

Marchmont Peerage. On the 13th in-
stant, Lord Sidmouth, by his Majesty's com-
mand, presented to the House of Lords
the petition of Alexander Home, Esq.
claiming the titles of Earl of Marchmont,
&c. with his Majesty's reference thereof to
the House; when the same were referred
to the Lords' Committee for Privileges.

Convention of Royal Burghs.-The Con
vention sat at Edinburgh on the 13th,
14th, and 15th instant. The first business
was to vote an Address to the King, on his
accession to the throne. A petition from
Brechin, praying an alteration in the set
a
of the burgh, was considered, and on
division of 23 to 20 was granted. The
alteration required was, the Dean of Guild
and Trades Councillor should be elected
by the bodies to which they belonged, in
place of being appointed by the Magistrates
The Convention afterwards
and Council.
resolved to address both Houses of Farlia-
ment, on the subject of the restrictions on
trade; and after some routine business,
adjourned.

20. The London Gazette of the 15th
contained a proclamation for postponing the
ceremony of the coronation until his
Majesty's "pleasure shall be farther sig-
nified thereupon." This measure

said

to have been adopted in consequence of a
representation from the Duke of York to
his Majesty. It is also stated to be in
consequence of advice from the Duke of
York, that the second reading of the bill of
pains and penalties against the Queen was

delayed until the 17th of August, in hopes
that during the interval some arrangement
might be agreed on, which would supersede
further inquiry. It is said that the Corona-
tion of his Majesty will not take place
till June next year.

High Court of Justiciary.-On the 13th
instant, David Haggart and William For-
rest were brought to the bar, accused of
having committed eleven different acts of
theft, two of reset of theft, one of house-
breaking, and one of prison-breaking, in
Leith, Edinburgh, or neighbourhood. The
prisoners pleaded Guilty to the whole char-
ges, excepting the charge of reset of theft;
and a Jury being chosen, they adhered to
their plea, and signed it in presence of the
Jury. The Advocate-Depute then adduc-
ed several witnesses, to shew the extent of
the depredations committed by the pannels.
The Jury retired, and returned about two
hours after with the following written ver-
dict:" Unanimously find the pannels guilty
of theft, but not of reset of theft; and by a
majority of voices find the charge of house-
breaking not proven." Upon this verdict
being recorded, the Counsel for the pannels
objected to sentence following upon it, in
respect that it did not find them guilty of
any of the charges laid in the indictment,
but of the abstract crime of theft. The
Court ordered informations to be given in
upon the import of the verdict, betwixt
and the 13th of November next, and the
prisoners were re-committed to jail.

On the 14th came on the trial of John Sharp, accused of firing a loaded pistol, on the 19th of January last, at Alexander Livingstone, one of the Lanark county patrole, whereby he was severely wounded; and also of breaking into the cellar of the Old Bridgeton Victualling Society, and stealing therefrom a quantity of spirits, wine, and soap, and of being habit and repute a thief. The prisoner pled not guilty. After the examination of a number of witnesses, he was found guilty of both crimes, and after an admirable address from Lord Pitmilly, was sentenced to be was concluded, next. After this trial executed at Glasgow on the 16th of August Sharp's agent discovered that one of his jury wanted a few months of the age necessary to qualify him to act in such to Lord Sidmouth the circumstance of his capacity; and immediately represented client not having been legally convicted, and Sharp has in consequence received a respite of sentence, during his Majesty's pleasure.

On the same day came on the trial of Lewis Hutton and John Cream, accused of breaking into a house on the road from Lochend to Leith; and of James Grieve,

charged with stealing a quantity of indigo from a warehouse in Leith. They were all three found guilty of the crimes libelled. The two former, therefore, were sentenced to 14 years, and the latter to 7 years' transportation.

26. This day a new chain bridge, erected across the Tweed at New Waterford, was opened to the public. At half-past twelve, Captain Brown, the inventor, crossed and re-crossed the bridge in a curricle, followed by a vast number of loaded carts, while the military bands played "God save the King." Soon afterwards the committee of management, the trustees, &c. preceded by the band, crossed from the southern to the northern end of the bridge, and returned. The extreme length of the suspending chains, from the point of junction on each side of the Tweed, is 390 feet, from the stone abutments, or towers, 432. The platform, or road way, is 360. The height of the bridge above the surface of the water is 27 feet. The weight of the chains, platform, &c. is about 160 tons, but the bridge is calculated to support 360 tons. It has only cost L. 5000; a stone bridge at the same place would have cost L. 20,000; and it possesses this superiority over a stone bridge, that, having no pillars or support in the middle of the water, it will not be liable to be swept away by floods.

31. Dreadful Affair at Greenock.—This town was the scene of a murderous outrage on the part of some soldiers on Saturday evening. A party of six of the 13th regiment had been drinking in a public house, where two of them were billetted; and having gone out a good deal intoxicated, quarrelled with some sailors, with whom a scuffle ensued, and the soldiers had the worst of it. They were driven back to their quarters, where they seized their muskets, and having ball cartridge, fired from the windows upon the crowd. Three persons, two of them police watchmen, were in this manner killed on the spot, and it was only on the arrival of a strong military guard, that the assail. ants were compelled to stop firing, when they were all taken prisoners, and delivered over to the civil power. At the head quarters of the 13th at Stirling Castle, the officers and privates collected the sum of L. 100, for the benefit of the families of the sufferers, which was transmitted to Greenock, by the Colonel, with many expressions of sorrow and regret for the misconduct of the six soldiers and its fatal consequences.

AUGUST.

Salisbury Crags.-The new walk round the base of Salisbury Crags is now almost finished, and will be a monument to posterity of the good taste, public spirit, and extensive benevolence of the age. It is

intended, we understand, to sow the shelving of the crags below the walk with furze and broom, which will much improve the aspect of an object so conspicuous, and be a sufficient protection against any possible danger. It is also contemplated to plant the interstices of the rock, at a sufficient elevation above the walk, with the rarest exotic shrubs and heaths, which will endure our northern climate. These will both beautify the walk, and afford a rich fund of amusement to the botanist.

10. Death of the Duchess of York. Her Royal Highness the Duchess of York, who had been for a considerable time past dangerously indisposed, expired on Saturday the 5th, at her seat at Oatlands. The Duke was present at her last moments, and for some time previously. Her Royal Highness the Duchess of York was eldest daughter of the late King of Prussia, by his first consort, Elizabeth Ulrica Christiana, of Brunswick Wolfenbuttle. She was born May 7, 1767, and was married to the Duke of York in September 1791. Her Royal Highness, partly from the state of her health, and in part, we believe, from other causes, lived in much retirement during her latter years. She was of an amiable and kind disposition. Her charities, though unostentatious, were extensive and judicious. The poor of the neighbourhood had reason to love, and the rich whom she honoured with her acquaintance esteemed her.

Trial of Major Cartwright, &c.-On Thursday the 3d instant came on for trial, at the Warwick Assizes, the case of the King v. Cartwright, Wooler, Ed. monds, Lewis, and Maddocks, for the meeting at Birmingham, on the 12th July 1819, at which Sir C. Wolseley was unlawfully elected a Member of Parliament for Birmingham. Mr Balguy opened the pleadings, and Mr S. Vaughan stated the case. Witnesses were then called as to the proceedings and speeches at the meeting, which occupied the whole of Thursday, and on Friday morning the defence commenced with a three hours speech from Wooler. Major Cartwright then solicited and obtained permission from the Court to read himself the written defence, which he had put into the hands of his counsel, Mr Hill, but which that gentleman was not allowed to make use of. The Chief Baron then summed up, and the Jury returned a verdict of guilty against all the defendants. They will be brought up for judgment in the Court of King's Bench next term.

TRIALS FOR HIGH TREASON IN SCOTLAND.-Stirling.-The Special Commission of Oyer and Terminer met here on Thursday the 13th July-present, the Lord President, Lord Chief Baron, Lord Justice Clerk, Lord Chief Commissioner, and Lord Gillies. Andrew Hardie, one of

176

the men taken at the affair on Bonnymuir,
on the 5th April last, (as recorded in our
number for that month,) was first tried, and
found guilty on the 2d and 4th counts of
the indictment, namely, "levying war a
gainst the King, and compassing to levy
war against the King, to compel him to
On Friday, John
change his measures.
Baird was tried, and found guilty on the
2d count. Eighteen others, on Saturday,
retracted their former plea, and pleaded
guilty, throwing themselves on the mercy
of the Crown. Francis Jeffrey and Robert
Hunter, Esqrs. acted as counsel for the
prisoners. The Court prohibited the pub-
lication of the evidence on this or any of
the forthcoming trials, till they should be
all concluded.

Glasgow. The Lord President, Lord
Justice Clerk, Lord Chief Baron, Lord
Chief Commissioner of the Jury Court,
and Lord Pitmilly, opened the Court at
Glasgow, on the 20th ult. James Wilson,
hosier, residing at Strathaven, was tried
and found guilty, but unanimously
commended to mercy by the jury. It was
proved in evidence that he was one of a
party who had marched from Strathaven,
and searched the houses of the neighbour-
ing farmers and proprietors for arms, car-
rying them off by force and intimidation.
He was sentenced to be executed, by hang-
ing and beheading, &c. on the 30th Au-
gust, and it has since been intimated to him
that he is not to expect mercy. Next day,
four other prisoners, against whom true
bills had been found were brought to the
bar; but the Lord Advocate humanely de-
clined calling witnesses against them, and
they were accordingly liberated, after ex-
pressing becoming gratitude for the lenien-
cy of his Lordship. J. A. Murray, Esq.
acted as leading counsel for the prisoners.

Dumbarton. The Court, consisting of
the Lord President, Lord Justice Clerk,
Lord Chief Baron, Lord Pitmilly, met
here on the 26th ult. and proceeded to the
trial of Robert Monroe, cotton spinner at
Dumbarton. The charge against this man
was, for having assisted at the manufac-
ture of arms, with a view to their being
employed against the King. The trial
lasted two days, and in the end the jury
found a verdict of not guilty. Mr J. P.
Upon the
Grant conducted the defence.
verdict being read, the audience behaved
rather indecorously in expressing their sa-
tisfaction, and one person, who rendered
himself conspicuous by cheering and clap-
ping, was sent to jail by the Court. The
evidence against the other five persons,
formerly arraigned here, being similar to
the first, the Lord Advocate declined pro-
secuting them, and they were all liberat-

ed.

Paisley. The Court sat here on the 1st inst. to try the prisoners accused of

stopping the cotton-works at Johnston and
its neighbourhood, on the 3d of April last,
when John Speirs, a leader on that occa-
sion, was put to the bar. After a trial of
nearly forty hours, the Jury found the
prisoner guilty of striking work himself,
and of compelling and persuading others
to do so; but the Court informed them
that, as this only amounted to a misde-
meanour, the verdict could not be received
on a trial for High Treason. The Jury

were afterwards enclosed three different
times, and returned amended verdicts;
their last was not guilty.. The prisoner
was then dismissed from the bar. John
Lang was then brought to the bar, but
the Lord Advocate declined to bring wit-
nesses against him, and he was also dis-
charged.

Stirling. On the 4th instant, the Court
met again at Stirling, when John M'Mil-
lan and Andrew Dawson withdrew their
former plea of not guilty and pleaded
guilty, throwing themselves on the merey
of the Crown. Against the six remaining
prisoners the Lord Advocate declined to
proceed, and they were acquitted. Sentence
of death was then passed on the 22 pri-
soners who had been already convicted,
either by their own admission, or the ver-
dict of a Jury; but, with the exception of
Hardie and Baird, the other prisoners were
encouraged to hope that the mercy of the
Crown might be extended to them.

Ayr. The business of the Special Commission was concluded here on the 9th instant, when Thomas Mackay, one of the prisoners, retracted his former plea, and pleaded guilty. The Lord Advocate, considering that the ends of justice would be sufficiently answered by the convictions which had already taken place, declined proceeding against the remaining three prisoners, and they were accordingly discharged. Mr J. P. Grant acted as counsel for the prisoners, both here and at Paisley and Stirling.

After the business of the Court was concluded, the Lord Advocate rose and expressed his satisfaction that the commission was now ended, except in so far as it related to those who had escaped the hand of justice.-Bills had been found against no less than 98 individuals; of these 51, the principal ringleaders, had escaped apprehension, and of them he would say, that if they ever presumed again to shew their heads, trusting to the conclusion of the commission, they would be miserably disappointed, as the proceeding against such Court of Justiciary, for the purpose of obas had fled would be removed into the taining an outlawry against them, which, in the case of treason, was tantamount to a verdict of guilty. There had been only two acquitted after trial, and although he did not wish or intend to call in question

any verdict of a Jury, he must say that there was much doubt as to how far one of them was founded on sound principles of law; and a certain distinguished individual, who composed one of that Jury, had expressed sentiments somewhat similar. Of those who remained, there were 24 on whom capital sentences were pronounced, and he was much afraid that, out of that number, some examples must of necessity be made. The remaining 21 were acquitted without trial. The Learned Gentleman hoped that the manner in which he had treated the different prisoners would give satisfaction; and he did not doubt that much good would be derived to the country from the late trials as the picture which had been exhibited to them of the pure justice administered in this land must have the effect of rendering them more loyal, by giving them a higher idea of the excellence of the Constitution. Still, however, the country would require to be looked after, and for this salutary superintendence he would trust to the vigilance of the Magistracy.

PROCEEDINGS AGAINST THE QUEEN.

In our last number we brought down the proceedings which had taken place in Parliament, on the subject of the charges against the Queen, to Monday the 10th July, (by mistake stated the 3d,) when it was resolved to delay the second reading of the Bill of Pains and Penalties till the 17th of August. On Tuesday the 11th a message was sent by her Majesty to the House of Lords, demanding a list of the witnesses who are to appear against her. This was resisted on the part of ministers, on the ground that it was contrary to the practice followed by the Law of England, which only allowed such list to be furnished to the party accused in cases of High Treason. A search for precedents was however agreed to; and a committee appointed, who reported on the 14th, that but two precedents had been found the cases of Sir J. Bennet, Judge of the Prerogative Court, who in 1621 was impeached for maladministration in his office; and the celebrated case of Lord Strafford. Both these persons demanded a list of the witnesses against them, which the House refused.

Lord Erskine then brought forward his motion for giving a list of the witnesses intended to be examined in support of the charges against the Queen to her legal advisers, for the purpose of her defence, which, after a debate of some length, was rejected by a majority of 50; the numbers being-Contents, 28; Non-contents, 78. No proxies voted upon this occasion.

In these circumstances, it is said that her Majesty held a conversation with her legal advisers, for the purpose of consider.

VOL. VII.

ing whether it would not be advisable to abandon her defence altogether in the House of Lords, to withdraw from the bar, and to protest against all further proceedings. In this case the bill would pass, and the proceedings would go on in the absence of the accused; and it is expected that the Commons would in limine refuse to entertain a bill so passed.

His

On Monday the 24th July, Lord Erskine again moved in the House of Peers, that, as her Majesty had not been able to obtain a list of the witnesses meant to be produced against her, she should be furnished with a statement of the places where the offences with which she is charged are alleged to have been committed. Lordship maintained, that, without some information of this kind, the Queen could have no means of repelling or refuting the allegations of her accusers, except by bringing forward, without discrimination, all those who had witnessed her conduct in every place through which she had passed, or in which she had sojourned. Unless she was furnished with some clue, which could instruct her in the nature of the evidence which was to support the accusation, her counsel could not possess the means of effectual.cross-examination, especially as it was not to be expected that all the witnes ses against her could be detained so as to wait the arrival of counter-evidence. In reply to this, it was stated by Lord Liverpool, that a sufficient time would be allowed, after the case should be closed on the part of the crown, to permit her Majesty to send for any additional witnesses that her defence might require. Lord Liverpool also intimated, very plainly, that Mr Brougham, and consequently all her Majesty's advocates, were well acquainted with all the contents of the green bag, and, of course, with all the particulars of the forthcoming accusation.

On Tuesday the 25th the report of a Committee of Peers, who had been appointed to search for precedents relative to the best means of enforcing the attendance of the Members of that House during the trial of her Majesty, was presented by the Earl of Shaftesbury. The decision of the House, conformably to this report, is, that any Lord not giving the required attendance shall be fined L. 100 per day for the first three days, and L. 50 per day for every day after, during the continuance of the trial;-that no excuses be allowed, save those of disability from the age of 70 years and upwards, or from sickness, or being out of the realm, on the 10th July, being the day on which the order for the second reading of the bill was made, and continuance out of the kingdom, or being on his Majesty's service, or absent on account of the death of a parent, wife, or child.

NATIONAL DEBT.-Accounts have been presented to the House of Commons, of the amount of the public debt, both funded and unfunded, of Great Britain and Ireland, and the interest on the same, on the 5th of January 1820.

The following are the most important of these accounts :

An account of the total capital of the funded debt of Great Britain and Ireland, including the Austrian and Portuguese loans, as it stood in the year ended 5th January 1820; distinguishing the amount redeemed and unredeemed, and the total charge of said debt.

Unredeemed,

DEBT.

L.794,980,481

ry bills, as it stood in the year ended 5th January 1820; distinguishing the amount paid for interest and sinking fund on those securities in the said year; and also an estimate of the total amount of interest due on outstanding securities on the 5th January 1820. Total unfunded debt, L. 41,966,442

Redeemed, including the capital for the sinking fund loan, 1819,

420,828,751

L. 1,215,809,232

Total debt,

ted in 1819,

L. 836,946,923 420,828,751

Total, including debt crea

L. 1,257,775,674

L. 29,789,657 Charge in respect of unre-
deemed debt, including
annuities for lives or years,
and management,
Charge in respect of redeem-
ed debt, including sink-
ing fund,

L. 46,777,054

An account of the total amount of the un-
funded debt of Great Britain and Ire-
land, in Exchequer bills, navy bills,
Ordnance debentures, and Irish Treasu- Total charge,

BRITISH LEGISLATION.

L. 32,604,755

16,987,397

L. 49,592,152

Acts passed in the First Year of the Reign of George IV., or in the First Session of the Seventh Parliament of the United Kingdom.

CAP. I. For the Support of his Majesty's Household, and of the Honour and Dignity of the Crown of the United Kingdom of Great Britain and Ireland.-June 6, 1820.

Cap. II. To enable His Majesty to be Governor of the South Sea Company. June 6.

Cap. III. For the Removal of Doubts
as to the continuance of Three Acts for the
Relief of Insolvent Debtors in England.-
June 6.

Cap. IV.
For punishing criminally
Drivers of Stage Coaches and Carriages for
Accidents occasioned by their wilful Mis-
conduct.-June 6.

Cap. V. To enable Courts of Equity
in Ireland to compel a Transfer of Stock in
Suits, without making the Governor and
Company of the Bank of Ireland, or any
Canal Company, party thereto.-June 6.

Cap. VI. To amend and render more effectual an Act, passed in the fifty-fifth Year of His late Majesty's Reign, for enabling Spiritual Persons to exchange their Parsonage Houses or Glebe Lands, and

for other purposes therein mentioned.-June 6.

Cap. VII. To repeal so much of seve ral Acts as requires Bonds to be given to his Majesty in certain Cases, and the tak ing of certain Oaths in Matters relating to the Revenue of Customs, and to prevent Fees being offered or given to Officers and other Persons in the Service of the Customs.-June 22, 1820.

Cap. VIII. To allow a Drawback on Goods, Wares, and Merchandize imported into any British Colony or Plantation in America, on the Exportation thereof to any Foreign Country to which they may be legally exported.-June 22.

Cap. IX. For granting the Privileges of British Ships to Vessels built at Malta, Gibraltar, and Heligoland, and certain of those Privileges to Vessels built in the British Settlements at Honduras.-June 22.

Cap. X. For applying certain Monies therein mentioned for the Service of the Year 1820.-June 22.

Cap. XI. To continue, until the Fifth

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