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Scottish Chronicle.

HIGH COURT OF JUSTICIARY.

in the chimney of the room where he was. Sir Thomas, and William Rae, Esq. she

ON the 13th of January, came on the

N the 13th of January, came on the riff-depute of the shire of Edinburgh, i

accused of having, on the evening of the 11th of October, (the day on which Anderson and Menzies, two thieves, were executed at Stirling, by sentence of the Circuit-court of Justiciary,) with one or more persons, attacked in the town of Stirling, Archibald Stewart, cattle-dealer in Dalspidle, who had just arrived from Falkirk Tryst, where he had received a sum of money, and of having struck and wounded him severely on the head, and other parts of the body, to the effusion of his blood, and loss of his senses for the time, and of robbing him of one thousand and ten pounds sterling, chiefly in notes of the Falkirk banking company.

After the jury were sworn in, the counsel for the prisoner stated an objection, that the notes of the Falkirk banking company, charged in the indictment, as taken from the prisoner, were not lodged in due time in the hands of the clerk of justiciary, to be shewn to the prisoner's counsel. The court repelled the objection. The witnesses were then examined for the

crown.

Sir Thomas Kirkpatrick, Bart. sheriffdepute of the shire of Dumfries, swore, that the notes of the Falkirk banking company, exhibited, were taken from the person of the prisoner, in a small publichouse, in the town of Dumfries; some of them were concealed near the waistband of his breeches; and also, two twenty pound notes which he endeavoured to conceal in his hand, while they were searching him, and several others were concealed

dentified the declarations emitted by the prisoner, some of which he refused to sign unless they were written over again and altered.

Archibald Stewart, cattle-dealer, swore, that being upon the streets of Stirling, upon the evening of the 11th of October, he saw three or four men coming up, one of whom was a big man; that he was immediately knocked down, and robbed of the money libelled upon, and that he was much cut and bruised by a blow on the head, which bled very much, and rendered him senseless; when the money was taken from him, he heard them say, "lay to rim." He acknowledged that he was drinking drams on his way to Stirling, and after he arrived there, but was not intoxicated, and knew very well what he was about. This witness, not understanding the English language well, was examined in Gaelie by a gentleman, who was sworn to interpret faithfully the answers he made.

Some witnesses proved Stewart's getting the Falkirk notes libelled, at Falkirk market, on the 11th.

Other witnesses swore, that the prisoner was at Falkirk Tryst, on the 9th and 10th of October, when he was considered as a very suspicious character, and that he was at Stirling on the 11th, when the robbery was committed, and was seen passing the house, near to which Stewart was knocked down and robbed, about the time of the robbery. He was traced to Edinburgh, and from thence to Dumfries, and he had changed twenty pound notes of the Falkirk bank at several public-houses on the road.

He

He was apprehended at Dumfries, and the Falkirk notes found in his possession, as above mentioned by Sir T. Kirkpatrick.

The several declarations of the prisoner were then read, which were very contradictory.

The Lord Advocate addressed the jury, for the Crown, at considerable length, in a very able speech, as did J. H. Mackenzie, Esq, for the prisoner.

The Lord Justice Clerk summed up the evidence with his usual candour and abili ty, and the jury were ordered to return their verdict next day at one o'clock. The court accordingly met next day, when the jury returned their verdict, all in one voice, finding the pannel guilty; and, after a suitable address from the Lord Justice-Clerk, he was sentenced to be executed at Stirling, on Friday, the 21st February.

The sentence was put in execution on that day, and the unhappy sufferer's behawiour was penitent, and resigned to his fate.

Counsel for the crown, the Lord Advocate, and H. H. Drummond, Esq.; agent, Hugh Wardener, Esq. W. S.For the prisoner J. H. M'Kenzie, and James Walker, Esqs.; agent, Mr Andrew Clason, W. S.

[The trial of John Lindsay Crawford and James Bradley for forging deeds, will be found in a preceeding part of this Number.]

COURT OF SESSION-FIRST DIVISION

City Chamberlain.

The important question relative to the appointment of the Chamberlain of the city of Edinburgh, od vitam aut culpam, has been ultimately decided in favour of the pursuers, composing the minority of the Town Council at the time the election took place.

After full pleadings before Lord Woodhouselee, memorials were ordered upon the merits of the case; upon considering which, his Lordship decided against the pursuers, by finding that the election had not been impeached by them upon any sufficient grounds, and therefore sustained the defences, and dismissed the process, with expences.

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Against this interlocutor the pursuers reclaimed to the Inner House, and the came to be advised upon by a petition for the pursuers, and answers for the Town Council, and Mr Henderson, the Charaberlain. In these pleadings, the parties insisted for and against the legality

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and expediency of the appointment; they investigated the powers of the Magistrates community, appealed to the usage in the of burghs, as trustees or curators for the former appointments since the institution of the office, and the analogous usage which prevails respecting other burgh officers; and, as specially applicable to the case, the pursuers referred to the universal public bodies and private individuals, and practice in the appointment of factors for to the annual election of Chamberlains of the cities of London and Glasgow.

Upon advising these papers, the Court, on the 24th January, by a majority of three to two, altered the interlocutor of the Lord Ordinary, and reduced and set asite the election of Mr Henderson, ad vitam aut culpam, but found the pursuers not entitled to their expences.

The matter we understand, is now finally set at rest; for, at a subsequent meeting of the Town Council, a letter from Mr Henderson being produced, acquiescing in the decision, the appointment ad vitam aut culpam was declared void, and the office vacant; after which. on a motion made by Mr Turnbull, and seconded by Mr Tenant (both pursuers of the reduction), Mr Henderson was unanimously elected Chamberlain of the city of Edinburgh, during the pleasure of the Council.

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In 1809, the Minister of Garvock applied to the Presbytery of Fordoun to visit his manse for the purpose of inspecting the same, as he conceived it to be in a state of considerable disrepair. The Presbytery

The

having appointed a day for the visitation. and also required the Minister to summon tradesmen for the purpose of inspecting the manse, and reporting on oath what was necessary to be done, the Minister gave the usual notice of the meeting of Presbytery from the pulpit, and by communicating the same to the heritors by letter. Presbytery accordingly met at Garvock on the day appointed, when they were attended by tradesmen summoned by the Minister. The principal heritors also attended the meeting of Presbytery, and brought with them two tradesmen. An inspection was made by the whole of the tradesmen present, and a joint report was given in by them, concurring in opinion that the manse

was to a certain extent in an insufficient state; whereupon the Presbytery, after putting a variety of additional questions to the tradesmen, proceeded forthwith "to condenin the manse," and appointed a "new one to be built next season in its place."At a subsequent meeting of Presbytery a plan and estimate of a new manse was presented by the Minister and approved of by the Presbytery, who decerned against the Heritors of Garvock, for the sum of L. 705 68. 11d. Sterling, being the amount of the estimate exclusive of carriages.

In the mean time the Heritors who did not think that there were just grounds for condemning the manse, had a new inspection made by other tradesmen, who reported it as their opinion, that the present manse might be made comfortable and sufficient for less than one hundred pounds; and at a meeting of Heritors it was resolved that the manse should be forthwith repaired, and put in a sufficient state. The Heritors laid before the Presbytery the report which they had received from these tradesmen, and also their own minutes resolving to repair the manse, but they were disregarded by the Presbytery, who, on 15th Jan. 1810, adhered to their former sentence.

The Heritors applied to the Court of Session for relief by bill of suspension; and the bill having been passed, the question came before the late Lord Newton, as Ordinary, before whom it was maintained, on the part of the Minister, that as the meeting of Presbytery had been regularly called, and the Heritors duly summoned, and the sentence of condemnation having proceeded on a regular inspection by tradesmen mutually appointed on the part of the Heritors and Minister, therefore, that there were no grounds for the complaint of the Heritors, who ought not now to be

heard.

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pence of from L. 60 to L. 70; and the Lord Ordinary approved of the report, and appointed the repairs therein mentioned, to be executed at the sight of certain tradesmen, who were required to report to the Lord Ordinary. The report of these tradesmén, from which it appeared, that the repairs were executed at a sum under L. 60, was lately given in, and the cause having been remitted to Lord Gillies, in place Lord Newton, his Lordship on the 21st Dec. approved of the report, and suspended the letters.

Counsel for the Heritors, F. Jeffrey, Esq. Agent, James Scott, Esq. Writer to the Signet. Counsel for the Minister, James Wedderburn, Esq. Agent, Walter Cook, Esq. Writer to the Signet.

THEATRE January 22, 1812.

Last night was tried the experiment of the new Tragedy of Helga, and the eager anxiety of the public to decide on its fate, crowded the house, at an early hour, in every part. The incidents of this piece are short and simple. Edgar, one of the most renowned minstrels of Iceland, falls in love with Helga, whose hand he is pro mised, on his return from a visit to the courts of Europe, at the expiry of three years.

At the court of Sweden he meets with Haco, another minstrel of the highest rank, with whom he vows eternal friendship.

In a contest between them before the king, the palm of victory is awarded to Edgar, the theme of whose song were the virtues and beauty of his absent mistress, whose name he concealed.

Haco, stung with jealousy and disap pointment, immediately resolves on re- . venge, and secretly departs from the Swedish court for Iceland. His arrival there forms the opening of the piece.

He there discovers the object of Edgar's admiration, and having procured by the influence of his wealth and family, the consent of Helga's father to the proposed match, he pays his addresses to the lady; who, to avoid force, seems to comply, with his wishes, fixing a day for her marriage with Haco. Just as the ceremony is about to be performed, Edgar appears, and claiming his betrothed bride, he is challenged to single combat by Haco, who being mortally wounded, begs from his adversary a cup of water; which, while he is presenting to him, he collects his expiring strength for a last effort, and stabs Edgar to the heart. Helga, overwhelmed by

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count Melville.

Vice-Presidente

Mr David Watson, Recorder and Clerk.
Mr Alexander Cunningham, Jeweller and
Medallist.

Mr John Campbell, Translator of the
Gaelic Language.

MAGDALENE ASYLUM-1812.

The Prince Regent Patron.
PRESIDENT.

The Right Hon. the Lord Provost of
Edinburgh, er officio,
VICE-PRESIDENTS.

Rev. Dr Buchanan, Rev. Dr Fleming,
Right Rev. Bishop Standford, and R. Scott
Moncrieff, sen. Esq.

Mr William Pattison, Treasurer.
John Campbell, tertius, Esq. Secretary.
Mr David Niven, joint Secretary and

Clerk.

Mr William Scott Moncrieff, Accountant.
Dr James Anderson, Physician.
Dr John Abercrombie, Surgeon.

Earl of Hopetoun has presented Mr John Smith, preacher of the gospel, to the church and parish of Bathgate, in the presbytery of Linlithgow, vacant by the death of the Rev. Walter Jardine.

The Magistrates and Council of Glasgow, have appointed the Rev. Mr William Muir, to be minister of St George's church in that city, in room of Dr William Porteous, deceased.

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At Kirkham. Gate, near Wakefield, Sarah, the wife of Samuel Lunn, (a very poor, but industrious collier) was delivered of three fine boys, who, with the mother, are likely to do well. The family consisted of seven small children before the arrival of this trio.

9. At Carolina port, Dundee, Mrs William Lindsay, a son.

10. At Potterhill, the Lady of Edward

William Macdonald, Esq. of St Martin's, Collins, Esq. a son.

Treasurer.

11. At Woodhead, the Lady of CapDonald Maclachlan of Maclachlan, Esq. tain Hamilton, of the 94th regiment, a

Secretary.

Robert Wilson, Esq. Accountant in Edin-
burgh, Auditor of Accounts.
Rev. Dr George Baird, Principal of the
University of Edinburgh, Chaplain.
Mr Lewis Gordon, Deputy Secretary and
Collector.

daughter.

12. Mrs John Tennent, Glasgow, a daughter.

13. At Bath, the lady of LieutenantGeneral Gordon Drummond, a son.

At Ayr, Mrs George Reid, a

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8. At Leith, Mr J. L. Donaldson, to Miss Dick, Merchant Street, Edinburgh. 13. At Ayr, Mr Hugh Farquhat, grain merchant, to Miss Margaret Brown.

14. At Maderia Court, James Hutton, to Miss Ann Eliza Yuille.

20. At Ayr, Mr Thomas Baird, writer, to Grace, daughter of Mr James Baird, merchant.

At Ayr, Captain Guthrie, of the Lady Hill, to Mrs Janet Lawson, widow of the late Captain Stirling.

23. At Allanton House, Rahald Macdonald, of Staffa, Esq. to Miss Elizabeth Steuart, only daughter of Henry Stewart, Esq. of Allanton.

27. At Edinburgh, Captain John Porteous, royal navy, to Miss Laurie, daligh

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board the Henry Addington East Indiaman, May 10. On his passage to Bombay, on William Bromley Cadogan Stirling, Esq. fourth son to Sir John Stirling, Bart. of Glorat, in the artillery service of the Honourable East India Company. He was an uncommonly fine and promising young man, whose loss is most deeply felt by all his relations and friends, and sincerely res gretted by all his acquaintance. He had nearly attained his twentieth year.

September. John, second son of John Campbell, Esq. of Ormidale, Argyllshire, was killed on board the Nereide frigate. in the gallant attack made upon four French frigates, near the Mauritius.

7. Dr Anderson, superintendant of the botanical garden at St Vincent's. His death is deeply regretted in the colony, and will be by his inany friends in Europe. His funeral was attended by all the military and naval characters in the place.

Nov. 25. At St Thomas's West Indies, Lieut. Matthew Moncrieff Maxwell, of the 70th regiment, second son of William Maxwell, of Bradiland, Esq.

Dec. 2. At Fredericton, New Brunswick, iu the 53d year of his age, universally lamehted, Major-General William Balfour. The General entered the army in 1775, as Ensign in the 57th regiment, which corps he never quitted tül his death.

During

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