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Next day, the Court heard and determined five appeal cafes.
Glasgow, April 21.
The Circuit Court of Jufticiary was opened here by Lord HERMAND this day.
Thomas Stewart, journeyman wright in Glasgow, and Robert Wright, journeyman weaver there, were accused of having broke into and entered the work fhop of Meffrs Tennent and Co. stocking manufacturers in Glasgow, by means of false keys, and stealing a quantity of ftockings and yarn. The jury returned a verdict, finding, by a plurality of voices, the libel not proven, on which the prifoners were difmiffed from the
Alexander Muirhead was tried for culpable homicide, when, after examining five witnesses, the Counsel for the profecution gave up the cafe. The Jury brought in a verdict of not guilty, and he was difmiffed
from the bar.
Janet Duff, late fervant with Mr James Rintoul, merchant in Glasgow, was tried for stealing a variety of articles of wearing apparel, a gold watch, gold rings, &c. the property of Mr Rintoul. The Jury unanimoully found her guilty. She was fentenced to be tranfported for feven years,
James Chriftie alias James Wand, weaver at Bell's Hills, indicted for theft, pleaded May 1810.
guilty. He was fentenced to be imprisoned in the tolbooth of Glasgow for fix months. Walter Paul, indicted for theft, was outlawed for not appearing.
Monday, April 23.
George Miller, plumber, and James Bennet, weaver, both in Glasgow, indicted for theft and reset of theft, were brought to the
bar, and pleaded not guilty. The libel was, by a plurality of voices, found not proven against Bennett, whereupon he was dismisfed from the bar; but found proven againit Miller, who was fentenced to be executed at Glasgow, on Wednesday the 30th of May next. He has been refpited.
James Robertfon, accused of the fame crime, and an accomplice, was outlawed for not appearing.
James Begg, for robbery, was next brought to the bar. After the examination of a few witneffes for the crown, and one for the pan❤ nel, the trial was given up by the profecutor, a verdict of not guilty returned by the Jury, and the prifoner, difmiffed from the
Alexander Williamson, soldier, and Thomas Finnieson, carter, for assaulting and rob bing William Ruffell. A number of witnefles were examined. The Jury returned libel not proven against Finniefon; where a verdict, finding Williamson guilty, and the upon the latter was difmiffed from the bar, and Williamfon adjudged to transportation
beyond feas for feven years.
Robert Dryfdale for theft, aggravated by breach of trust, pleaded not guilty. The Jury returned their verdict, unanimously finding him guilty; and he was fentenced to fourteen years transportation.
Kenzie, and Charlotte Paterfon, wife of Helen Manfon, wife of Alexander M'
theft, were next brought to the bar, but Scott, accused of shop-breaking and owing to the abfence of a material witness, the diet was deferted against them, and they allowed to be liberated on bail. were recommitted upon a new warrant, but
The criminal bufinefs did not finish till
half-paft ten; and the Court continued hearing appeals till about 12 o'clock at night.
The Court is to proceed to Stirling, where they will fit on Thursday morning.
Stirling, April 26.
The Circuit Court of Jufticiary was opened here by the Right Hon. Lord CULLEN. William Anderson, now or lately refiding in Alloa, and Robert Marshall, accused of robbery, were outlawed for not appearing. William Hunter, miner at Coalfnaughton, in the parifh of Tillicoultry, indicted for theft, being called, appeared at the bar.The Advocate-Depute moved the Court to defert the diet against him pro loco et tempore, which was done, and the pannel recommit ted to prison on a new warrant, but afterwards admitted to bail.
George Allan, ravelling merchant, indicted for theft and deforcement of constables, was next brought to the bar, and a fimilar motion being made, the diet was deferted againft him pro loco et tempore, and he was recommitted on a new warrant.
There was no other business to come before the Court, and this ends the Western Circuit.
Ayr, April 19.
The Circuit Court of Justiciary was open ed here by the Right Hon. the Lord JusTICE CLERK, on Tuesday, when John Macmillan, from Wigtonshire, was found guil ty, by a plurality of voices, of murdering by poifon, Barbara Mackinnel, a young woman, who was five or fix months gone with child to him. He was fentenced to be hanged, on the 25th May next, and his body given to the furgeons for diffe&ion. Dumfries, April 24.
On Saturday fatt, the Circuit Court of Jufticiary was opened here by the Right Hon. Lord JUSTICE CLERK.
James Houston, farmer at Duffin or Upper Carfluith, in the parish of Kirkmabreck, and stewartry of Kirkcudbright, accused of forgery, was brought to the bar; and, upon the motion of the Advocate-depute, the diet was deferted against him, pro loco et tempore, and he was recommitted, upon a new warrant, for after trial.
John Brown, weaver in Bonnyhaugh, or Mains of Parton, in the parifh of Parton, and ftewartry of Kirkcudbright, was then brought to the bar. He was indicted for robbery and theft, by going to the house of Robert Fowler, labourer in Bonnyhaugh (who it appeared was his father-in-law) and taking away feveral articles of clothes, and fome title-deeds, and threatening to fhoot them with a pistol, if any refiftance was of fered, by which means he obtained the key. of the places that contained the goods. He was found guilty, on his own confeffion;
and, yesterday, the Court fentenced him to be tranfported beyond feas for life. There was no other bufiness before the Court.
Jedburgh, April 28.
The Circuit Court of Justiciary was o pened here, on the 26th current, by the Right Hon. Lord MEADOWBANK.
John McGraw, George Halliday, and Ivie Roan, late quarriers at Stobo flaté quarry, were accused of affault and battery against fundry individuals in the town, and on the fair day of Peebles; and, having been all found guilty, but in different degrees of guilt, his Lordfhip ordained them to be imprisoned in the tolbooth of Peebles for two months; M'Graw to pay a fine of 300 merks, and Halliday 500; and to remain in jail thereafter till the faid fines were paid; and all three to find bail to keep the peace for twelve months, under the penalty of 300 merks each. His Lordfhip further ordained the faid John M'Graw, by far the guiltieft of the three, to fland on the pil lory in the town of Peebles, fer the space of one hour, upon the first market-day previous to the expiration of the two months imprisonment.
James Dudgeon, late flefher at Ormiston, in the county of Haddington, afterwards hedger or labourer at Gatehouse of Fleet, in the ftewartry of Kirkcudbright, accused of fheep-ftealing from the farms of Blackerf ton and Blanerne Well Mains, in the county of Berwick, in the month of September Jaft; but, the Jury having found the libel not proven, he was affoilzied, and difmiffed from the bar, with a fuitable exhortation from his Lordship.
There being no other bufinefs, the South ern Circuit was ended.
Perth, April 18.
Yesterday, the Circuit Court of Jufticiary was opened here by the Right Hon. Lerd ARMADALE, After the ufual preliminary forms were gone through,
James Ferguson, labourer in Forfar, and Thomas Ferguson, his fon, were put to the bar, accused of house-breaking and theft. The Depute Advocate (Mr Douglas) on ac count of particular circumftances which had juft come to his knowledge, petitioned the Judge to defert the diet pro loco et tempore, and to grant warrant for recommitting them. To this their counfel (Mr Haggart) objected; ftating that they had been committed by the Magiftrates of Forfar, with out any perfon whatever complaining; that the warrant of commitment did not bear the
the crime for which they were committed; that confequently their commitment was altogether illegal; that, in thefe circumftances, they had lain in prifon fince the 10th of December laft; and that it would therefore be a cafe of extreme hardship and fubftantial injuftice if they were not now dif miffed fimpliciter. After a very candid reply to the objection by the Depute Advocate, the Hon. Judge granted the prayer of his petition with refpect to James Fergu fon; but ordered his fon to be difmiffed fimpliciter, declaring, at the fame time his fense of the great irregularities with which the commitment of the pannels had been accompanied, and expreffing his indignation in a very feeling manner at the conduct of the Magiftrates of Forfar, in committing Thomas Ferguson, a child of nine years of age, for the parpofe of being tried for his life, before the Court of Justiciary.
David Mitchell, manufacturer in Perth, accused of housebreaking and theft, was outlawed for not appearing.
Hugh M.Pherson, stabler, or lately Rabler, in Rofe Street, Edinburgh, was accu fed of having, on the 10th of Augutt laft, near the Bridge of Kinkell, affaulted Duncan McFarlane, who was driving his cart along the road, by demanding of him to furrender the (muggled) whifky which he had in his cart, and, on his refufal, striking him on the head with a fword, to the effufion of his blood and the danger of his life, and all this under the pretext of being a revenue officer, which he was not. The proof being led, the Jury were addreffed by Mr Douglas on the part of the Crown, and by Mr Haggart in behalf of the pannel. After a charge from the Judge, the Jury retired, and in a fhort time returned with their verdict," finding, all in one voice, the pannel guilty of the crime libelled, but guilty of it under the impreffion that he was acting legally." The latter part of their verdic proceeded on this, which appeared in evidence, that M'Pherson had formerly been a gauger; that he was anxious to procure a gain a fimilar fituation; and that he had been in the habit of acting as affiftant to Mr Shields, fupervifor, and Mr Shorthoufe, excife officer in Crieff; and that these gentlemen had given it as their opinion, founded on an act of Parliament, that, even when by himself, and without any written com miflion, he was impowered to feize fmuggied fpirits wherever he could find them. It is proper to add, however, that this opinion appeared to be a very mistaken one; as little fanctioned by the terms of the ftatute, as it is agreeable to the analogy of law or the maxims of perfonal right. To-day, fentence was pronounced, ordaining him to fix months imprisonment in the tolbooth of Perth.
Denald Connachar, in Tomintianda; John Deuchars, jun. fhoemaker in Middle Ber chill; Donald Duff, fervant to James Duff, at Letham; Donald Robertfon, in Grenichmore; Charles Robertfon, there; and Wil liam M'Gregor, fon of Peter or Patrick M'Gregor, in Slecht of Strathgarry, accus fed of affaulting and deforcing the officers of his Majefty's revenue-Donald Robertfon," Charles Robertson, and William McGregor having failed to appear, fentence of fugita ton was pronounced against them. The Jury found Donald Connachar, and John Deuchars junior, guilty of affifting in the affault and deforcement, and refcuing and carrying off the cart and whisky, libelled; but found the libel not proven against Duff, who was difmiffed from the bar. Deuchars was fentenced to fix, and Connachar to four months imprisonment, the Jury having recommended the latter to the mercy of the Court.
The Court gave judgment in two appeal cafes; and, no other bufinefs depending, they proceeded for Aberdeen. Aberdeen, April 26.
The Circuit Court of Jufticiary was opened here on Tuesday last, by the Right Hon. Lord ARMADALE.
James Ferrie, William Rofs, and James Wilfon, accused of affault. The diet against Ferrie was deferted fimpliciter. Rofs and Wilfon were found guilty of the affault, and fentenced to four months imprisonment, and bound to keep the peace for two years.
Barbara Maitland, accused of theft, was found guilty upon her own confeffion, and fentenced to one month's imprisonment.
Thomas Will, and Helen Philp his wife. The diet against Helen Philp was deferted fimpliciter, and fhe was difmiffed from the bar. Will was found guilty upon his own confeffion, and fentenced to be tranfported for feven years./
James Marshall, accused of affault, was found guilty, and fentenced to be transport ed beyond feas for seven years.
Andrew Frafer, accused of housebreaking and theft, was found guilty, and fentenced to be executed here on the 15th day of June
Ann Mitchell, accused of child murder, was found guilty of concealing the birth, and fentenced to feven months imprisonment in the tobooth of Banff.
Elizabeth Stewart, accused of theft. The diet against her was deferted proloco et tempore, and fhe was committed to ifon on a new
Inverness, May 2.
The Circuit Court of Jufticiary was opened here yesterday, by the Right Hon. Lord ARMADALE.
Coll Macdonell, refiding in Drimarbin, in the parish of Kilmallie, accused of rape, or of affault with intention to commit a rape on the person of Janet M'Pherson, daughter of Archibald McPherson, crofter in Drimarbin, was found guilty of the affault, by his own confeffion, and fentenced to three months imprisonment.
Alexander Munro, late apprentice to James Lyon, merchant here, accufed of ftealing a few small articles from his tnafter, was found guilty, by his own confeffion, and fentenced to two months imprisonment.
Duncan Grant, refiding in Auchtemrack of Urquhart, accufed of forgery, failing to appear, fentence of fugitation was pronounced against him. No other business depending before the Court, this ends the Northern Circuit.
This day, the Right Hon.. Lord Napier, his Majefty's Commiffioner to the General Affembly of the Church of Scotland, walked in ftate, from the Highland, Society's Hall to the High Church, the Stirlingshire militia lining the street, His Grace was attended by the Earl of Leven, Lord Viscount Cathcart, the Barons of Exchequer, a num ber of naval and military officers, &c. The Rev. Dr Francis Nicoll, minifter of Mains and Strathmartine, the laft Moderator, preached an excellent difcourfe, from 1 Cor. i. 23." But we preach Christ crucified, BS unto the Jews a tumbling-block, and un"to the Greeks foolifhnefs." After divine fervice, his Grace the Commiffioner went to the Affembly Room, when the members proceeded to chufe a Moderator. The Rev. Dr Meiklejohn, Regius Profeffor of Church Hiftory in the University of Edinburgh, was unanimously elected. His Majefty's commiffion, a letter, and alfo the warrant for 1.1000, to be employed in propagating the Christian Religion in the Highlands of Scotland, having been, read, his Grace the Commiffioner opened the Affembly with a
Friday, May 18.
This day, after prayers, the following gentlemen were appointed to preach before his Grace the Commiffioner-the Rev. Dr M'Leod, minister at Kilmarnock, on Sunday first in the forenoon, and the Rev. Mr Andrew Murray, minister at Auchter derran, in the afternoon; the Rev. Mr James Baird, minifter at Swinton to preach on Sunday fe'nnight in the forenoon, and the Rev. Mr William Dunbar, minifler at Applegirth, in the afternoon.,,.
Saturday, May 19.
This day, the Committee appointed to Majefty's letter, prefented their report, draw up the addrefs, and an answer to his The anfwer to the addrefs and letter were agreed to. The anfwer and addrefs were then figned by the Moderator, and given to his Grace the Commiffioner, who undertook to tranfmit them to the Secretary of State for the Home Department, to be presented to his Majefty. The Affembly unanimoully ordained the names of the Commiffioners from the Prefbytery of Ellon, city of city of Perth, on account of informality in Aberdeen, burgh of New Galloway, and the mode of election, to be expunged from the roll.
Monday, May 21.
The Affembly had tranfmitted to them a petition of Mr Arthur, minifter of Kirkmichael, against a fentence of the Synod of Rofs, appointing a meeting at Rofs, which was read. Mr Arthur was heard in fupport of his complaint, when it was referred to a Committee.
Tuesday, May 22.
The Affembly took into confideration a petition and complaint of the Rev. Mr R, Arthur, minifter of Kirkmichael, complaining against a fentence of the Synod of Rofs, of date the 17th of April laft. Arthur was heard for himfelf, and Henry Cockburn, Efq. advocate, for the Syned of Rofs. After reafoning for fome time, a motion was made and feconded, that the General Affembly fhould find, that it is contrary to the laws and conftitution of this Church for any members thereof to adminifter fealing ordinances to thofe who defeşt
the miniftry of their established paftors, and hat it is unbecoming and fchifmatical in neighbouring minifters to give countenance or encouragement to thofe who ftatedly withdraw themselves from their own gregation-but in respect that the facts ftated in the memorial, referred by the Prefbytery of Tain to the Synod of Rofs, were not admitted by the Synod at the bar of the Affembly, and no probation of them was offered by the complainer, the General Af fembly fhould difmifs the complaint. other motion was made and feconded, that in respect the facts stated in the memorial, referred by the Prefbytery of Tain to the Synod of Rofs, and the overture made by the Synod to the Prefbytery of Dingwall, were not admitted by the Synod at the bar of the Affembly, and no probation of it was offered by the complainer, the General Affembly should difmifs the complaint.
The first motion carried-there being for it 83-for the fecond motion 37.
Wednesday, May 23.
The Affembly, this day, took under their confideration a petition and complaint for the Rev. Mr James Roger, minister of Denino, complaining against a sentence of the Prefbytery of St Andrews, of date the 2d of May current, refpecting their proceedings in an alledged cafe of fama clamofa. Mr Francis Jeffrey was heard in fupport of the petition and complaint, and Principal Hill was also heard in defence of the Prefbytery's fentence. After a long debate, in which a number of able speeches were delivered on both fides, two motions were made-ft, "That the General Affembly fhould difmifs the complaint, in refpect it does not appear that the Prefbytery of St Andrew's have acted inconfiftently with the rules prescribed by the form of procefs." The fecond motion was, "That the General Assembly should find, that the refolution of the Prefbytery of St Andrew's, complained of, has been irregular, fuftain the complaint, and difmifs the caufe in its prefent fhape." The vote was called, when the firft motion was carried by a majority of 12; there being for the first motion 67 for the fecond motion 55.
Thursday, May 24.
The report of the Committee upon the legal provifion for Minifters of the Church was produced and read. Dr Inglis was then heard upon the report, when it was agreed the report fhould lie upon the table till to-morrow, to be then taken up along with the overtures tranfmitted to the Affembly upon the fubject of the fiars upon grain. Thanks were given from the Chair,
to Dr Inglis and Dr J. Nicol, for their great care and attention to the important objects for which the Committee was appointed. The General Affembly then proceeded to confider a petition of David Pearfon and others, of the parish of Abbotsball, against a féntence of the Synod of Fise, of date 10th October laft, ordaining the Pref bytery of Kirkcaldy to fuftain the call to Mr Anderson, and to proceed without delay to his fettlement as Minister of Abbotshall, according to the rules of the Church, and a petition of William Ferguson of Raith, Efq. patron of the parish. Parties being fully heard, the Affembly agreed to difmif, the appeal, and appointed the Prefbytery to take steps by the first Wednesday of June, to the fettlement of Mr Anderson as Minister of Abbotshall.
Friday, May 25.
The petition of the Rev. John Pollock, minifter of Govan, and a reference from the Presbytery of Glasgow, for advice and decifion in a cafe now before them, was referred to a Committee. The Affembly next proceeded to confider the report of the Committee upon the legal provision to Minifters, and of the overtures refpecting the fiars of grain. These being read, the Affembly highly approved of the conduc of the Committee, and renewed their appointment, recommending to their confideration the information contained in the report, and enjoined them to use the most prudent endeavours to attain, as foon as poffible, the accomplishment of the important ob❤ jects committed to their care.
The Affembly then took under confideration the petition and complaint of the Rev. George Murray, minifter of North Berwick, against a fentence of the Synod of Lothian and Tweeddale, refpecting irregular marriages. Mr Murray was heard in fupport of his petition, and Drs Grant, Inglis, and Lee were heard in defence of the Synod. The Affembly unanimously agreed to difmifs the complaint. Saturday, May 26.
Dr Inglis ftated to the Affembly, that he had received a letter from the Lord Advocate, informing him, that the Chancellor of the Exchequer had refolved to bring inte Parliament the bill for augmenting the fmall ftipends, without delay; and that or ders were given for preparing the bill, in order to its being paffed into a law. The thanks of the Affembly were voted to the Lord Advocate, for his attention to this important bufinefs,
The Affembly agreed to iffue fubfcription papers to the different Presbyteries, in aid of