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to the payment of vocal and inftrumental performers. Madam Catalani received out of this fum 4501. and Braham 25 guineas. Seventy-one gentlemen, particular friends of Lord Grenville, have had honorary degrees conferred on them. The price of a bed-room at Oxford for one week was 30 guineas; a ftall for one horfe, 6 guineas; and every thing else in proportion.

The bufinefs was entirely finished on Saturday, when the people of Oxford, and immenfe crowds from the furrounding neighbourhood, were gratified with the

AERONAUTIC ASCENT OF MR SADLER
AND SON.

The afcent was to have taken place at eleven o'clock; but, from accidental caufes, it was half past one before the balloon went up. To it was attached a basket, containing a kitten, affixed to a parachute. The afcending of the balloon was fublime beyond description. At about the height of two miles, the parachute was cut away, and the kitten in the basket began her course to an element to which fhe was more accuftomed. The defcent of this parachute, for beauty and regularity, equalled the afcent of the balloon, and there was not a vacillation or wavering motion to be obferved. The main machine still kept rapidly to feek the sky; a moft divine effect was imparted to it by the falling of the rays of light upon its fuperior surface, which, being reflected, gave it the appearance of a fplendid filver orb. As long as the eye could diftinguith its courfe, it continued to fail to the northeaft, over the adjacent county of Buckingham. It was vifible to all for almost two hours. After a tranfit of two hours and 29 minutes, the æronauts alighted about five miles N. W. of Newport Pagnell. Their defcent was beautiful and gradual for about three quarters of an hour. The greatest height that the balloon ever afcended was not more than 24 miles.

I

It would be a ludicrous defcription, could we detail the remarks of the ruitics at the time of the afcent, or the ftrange reports we heard from the country, over which the wondrous machine floated. One party were expreffing their furprile, how the aeronauts could get into the balloon, after being filled jo full. Another more learned expected to fee them mount the diftended sphere. In its progrefs it fcattered terror unutterable, and thofe ill-informed of what was going about them, took it, at least, for an angelic vifitation, if not for the approach of the very last day. The difmay spread for thirty miles, and was beyond defcription. In fome places, where the exhibition had been

heard of, the villagers hailed the travellers as they paffed over them, and, at the dif tance of a couple of miles from the earth, thefe fhouts were distinctly heard.

TORNADO.

The following article we have copied from Charleston (South Carolina) papers of the 11th and 14th of April

SAVANNAH, April 7.-A gentleman just arrived from the upper part of the ftate has

communicated to us in substance the following diftrefling information

On Wednesday the 28th ult. the citizens of Laurens county were awakened, a little before fun-rife, with an inceffant flood of rain, a violent wind, and a frequent falling of trees. In about twenty minutes, the alarm became general, and the destruction of every object around feemed to be threatened, by one of the most violent tornadoes ever witneffed in Georgia. So great have been its ravages, that whole forests have been laid proftrate, and fome of the finest high land in this ftate rendered a heap of ruins. Many of the best plantations have become unfit for immediate cultivation. Houses, fences, and stock, have been swept away or deftroyed; and the diftrefs of the planters (many of whom were new fettlers, and had just begun to furmount their difficulties) is indefcribable. Some of them have loft their all, having neither a horse to plough, nor a cow to milk.

The width of the tornado is fuppofed to have been about fix miles; but its extent has not been afcertained. It paffed over the Oakufulgee, about the 7th diftrict of Baldwin, in an eafterly direction.

DREADFUL STORM.

On Sunday the 1ft July, London was vifited by a destructive hurricane, which, accompanied by thunder and lightning, appears to have prevailed over great part of England. Of the progrefs of the ftorm, and the accidents occafioned thereby, we have felected the following particulars from va rious papers

LONDON, July 2.-A vaft number of ac cidents happened in different parts of the metropolis, on Sunday evening, occafioned by an hurricane. Mr and Mrs Lemaire, of the King's Arms Chop-houte, in Maryla-bonne Street, were walking down Rapert Street, about a quarter past nine o'clock, when a brick parapet, at the top of the house of Mr Aubery, a liquor mer

chane

chant, was blown down, and it fell on the head of Mrs Lemaire. She was taken into the house of Mr Aubery, in a lifeless state, and, in a moment, was covered with blood, from various fractures about the head. Surgical aid was obtained; and, being taken home, she died foon afterwards-Another accident happened in Piccadilly, to Mifs Byfell, daughter of Mr Byfell, in Park Street, by the falling of a ftack of chimnies. The young lady was walking with her mother and brother when the accident befel her, and, although walking arm in arm, neither of the others received any injury; but Mifs Bytel! was fo much bruifed, that the expired on being conveyed home. —A light vehicle, in the stage coach trim, was blown off the wheels, at the top of Sloan Street, about half-paft-eight o'clock, whilft the owner was driving on the box, accompanied by another gentleman and two fervants in the dickey. One of the fervants had his arm broke by the fall; and the gentleman who was driving, whom we underftood to be Mr Sourby, was much bruifed. -A fruit woman was killed on the spot in Duke Street, Oxford Street, by the falling of a chimney-top.

A fervant maid, in Westminster, was Aruck blind, by lightning, on the fame night, but recovered the fight of one of her eyes on Monday evening.

SWANSEA (Glamorganfhire.)-The dire effects of the thunder storms in this neighbourhood will be long remembered. One of the vanes of a windmill, belonging to Morgan Ewan, in Lanfamlet, about three miles from thence, having been broken in the morning by a gust of wind, feveral labouring people were attracted to the spot, fome by curiofity, and others to put the machinery in order. About three o'clock, a very heavy fhower of rain fell, and drove between twenty and thirty perfons into the mill for fhelter; when, almost immediately on their being thus collected, the electric fluid ftruck the roof of the building, and, penetrating through it, fet the whole in a blaze. The fcene at this moment was of the most fhocking defcription. The owner of the mill was in the loft with two other men, both of whom were killed, and he was much injured. The remaining perfons, about twenty in number, lay in a promifcuous heap on the ground floor, apparently

lifeless; but, affiftance being inftantly procured, they were taken out, and only one was found dead. The others were all hap pily recovered, and are doing well. Nothing remains of the mill but the bare walls. A quantity of corn and flour was also destroyed.

SHEFFIELD. On Sunday the 1ft instart, the neighbourhood of Sheffield was visited by a very dreadful ftorm. The lightning truck the houses of Mr Curr and Mr Thomson, in the Ponds, demolishing the windows, looking-glaffes, picture-frames, and cupboards in its courfe, and, with a tremenduous explosion, rocking the buildings to their foundations. Though it paffed through the bed-chan.hers where the fami lies lay, providentially no perfon was hurt. Attercliffe Chapel was ftruck by a flash which entered at the belfrey, tore the roof, fhattered feveral windows, diflocated flones, fplit the board on which the commandments are written, and made its way through the north-eaft window of the gallery, which it burft to pieces, and drove out of the frame. -In a field near Broomhall, a very valua ble horse, belonging to Mr S. Newbould, was killed during the ftorm, but, whether by the lightning, or by dafhing his head a gainft the wall, we have not afcertained. The latter may have been the cafe, as we understand that other horfes in the field were hurt by prancing about in exceffive fright.

BIRMINGHAM-On Sunday, the town and neighbourhood of Birmingham were vifited by a dreadful hurricane, which con tinued for about two hours, and, it is feared, has done much damage. During the ftorm, the lightning struck a large oak tree, in Afton Park, in the vicinity of that town, under which a fine colt was ftanding for fhelter. The lightning ftruck the tree at about twenty feet from the ground. It truck the colt between the eyes, and literally mashed its head to pieces.

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Scottish Chronicle.

COURT OF SESSION, FIRST DIVISION.

ROXBURCH CAUSE.

ΟΝ

Thursday the 21ft June, the Court gave judgment on another plea in this important cafe. It will be recollected, from the former reports we have given of this caufe, that the right to the great Roxburgh eftates depends upon the interpretation of a claufe in the original deed of entail, executed by Robert Earl of Roxburgh, in 1648. By that deed, the Earl, having no fon alive, had called to the fucceffion Sir William Drummond, his grandson (by a daughter deceased) on condition of Sir William marrying one of his four grand-daughters, the daughters of his only fon Harry Lord Ker, deceased, and the destination extended to the heirs-male of the marriage. Sir William Drummond (who was a fon of the then Earl of Perth) accordingly married his coufin, Lady Jane Ker, the eldest of Lord Harry's daughters, and became the fecond Earl of Roxburgh. The fucceffion has continued in the perfons of the heirs male of this marriage down to the death of the laft Duke, in 1805, the family having got their title extended, by a patent of dukedom, in the year 1707. By the entail in 1648, Earl Robert appointed, that, failing heirs-male of the body of Sir William Drummond and Lady Jane Ker (and these were extinct at the death of the laft Duke) the eftates fhould belong dochter of the said umql. Hary Lord Ker, without division, and yr heiris male, fhe al. ways mareing, or being married, till an gentleman of honourl. and lawful descent, wha fall perform the conditions above and underwritten: qlks all failzeing and yr Laidis aires male, to our nearest and lawful airis male qtfomever."

"" to the eldest

Upon the death of Duke William, in 1805, there were feveral competitors for the estate. Sir James Innes claimed under the above claufe, as the dire defcendent of Lady Margaret Ker, third daughter of Lord Harry, as did alfo General Ker, as the heirmale general of the first Earl Robert. Mr Ballenden Gawler alfo claimed, as having got a right from the laft Duke William, who, having conceived that the entail ter

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minated in his perfon, had difponed the eftates to Mr Gawler A vaft deal of liti

gation followed on thefe competitions. The Court of Seffion ultimately determined in favour of Sir James Innes; and this decifion was affirmed, in effect, by certain refolutions of the House of Lords.

John, who died in 1804, had made a claim Lady Effex Ker, the eldest fifter of Duke Her Ladyfhip now brought an action, in the to the title in the Committee of Privileges. Court of Seffion, to have it found and declared that she had right to the estates also, in virtue of the above claufe. Her princiof the family (of which there was no doubt) pal plea was, that she was the heir-female and that the term "eldeft daughter," used in the above clause, was, in the law lan guage of the which time at the entail was made, fynonimous, or of the fame import with" heir-female."-Very ingenious papers were put in upon this plea, and long pleadings took place fome time before. Thurfday, the Court, after full opinions from each of the Judges, gave judgment, fex Ker, and finding the could not claim the unanimoufly repelling the pleas of Lady Efeftates under the entail.

On

FREE MASONS.

On Saturday the 7th July, the Court of Seffion (Second Divifion) pronounced judgment in the actions which have been for fome time in dependence, hetween the mafter and other office-bearers of the Canongate Kilwinning, and several other lodges in Edinburgh, holding of the Grand Lodge, and fome perfons who had formerly been themfelves of thefe lodges, but had been expeiled by a sentence of the Grand Lodge.

As the applications were made by the office-bearers for themselves and the other legal members, the Court confidered, that Mafon Lodges, not being corporate bodies, could not fue by their office-bearers, and, therefore, pronounced a judgment, which, in refpect of the fufpenders infifting, in the chara&er of office-bearers of a felf-conftituted society, not entitled to the privileges of a corporation, repelled the realons of fufpenfion, and refuled an interdict.

But,

But, at the fame time, the Court did not feem to doubt, that if actions were brought by the individuals of the above Lodges, who adhered to the Grand Lodge, they would be entitled to the exclufive poffeffion of the charters, lodge-rooms, and other property belonging to the feveral lodges.

SCOTS APPEALS.

Thollowing are the appeals determined bye Houfe of Lords laft feffion of Parliament, with their determinations generally

1. Gordon v. Duff.-Affirmed.

2. Spence v. Auchie and others.-Reverfed in part, and remitted to the Court of Seffion.

3. Masterton and others v. Meiklejohn and others, respecting t Culrofs election of Magistrates. The Court of Seffion found that there was not a majority of Counsellors prefent to conftitute a legal meeting.-Af

firmed.

4. Hill. Ramfay, refpecting the right of a way from the farm of Frith to Edin burgh, over the lands of Carthy Hall.-Affirmed.

5. Blane v. Earl of Caffillis.-Difmiffed. 6. Douglas v. Wilfon.-Affirmed.

7. Flefhers of Aberdeen v. Magiflrates of Aberdeen, to afcertain the right of the Magiftrates to charge the duty on rough as well as refined tallow.-Remitted to the Court of Seffion, with inftructions.

8. Roxburgh Caufe.-The House of Lords affirmed the decifion of the Court of Seffion in favour of Sir James Innes, in the competition of brieves, with General Ker. All the other queftions regarding the right to the estates in which Mr Ballenden Ker is a party, as difponee of the late Duke, remain undecided.

RECAPITULATION:

Affirmed.........

Remitted.......
Difmiffed.....

Total.........

.8

During the last 27 feffions of Parliament, 290 appeals from the Court of Seffion have been heard before the House of Lords, only 39 of which have been totally reversed.

The Scots appeals, Irish appeals, caufes from the Court of Chancery in England, writs of error, have accumulated to upwards of 300, which, with those daily occurring, would, upon the present fyftem, take a great number of years to decide; but, the Lord Chancellor, the Earl of Lauderdale, and Mr Michael Angelo Taylor, have given notice, that they will propofe fome plans

next session of Parliament, upon this impertant fubject, with a view of remedying the

evil.

COURT OF EXCHEQUER.

On Tueday the 19th June, the trial of William Old came on before the Court of Exchequer, on the charge of having in his poffeffion a ftill, for the purpose of mannfacturing fpirits, without having taken our a licence, which fubjected him in a penalty of L. 500; alfo for having a quantity of wash, amounting to between 300 and 400 gallons, the penalty for which is L. 10 per gallon; the libel was, however, restricted to 100 gallons, the penalty being L. 1000: in both thefe fums he was found liable by the jury.

The ingenuity displayed by Mr Old, in the erection of this ftill, and in the concealment of it, are rather of a novel nature, and deferve to be made public. The ftill was of very large dimenfions, no less than 60 gallons, equal to many used in the regu lar diftilleries. Old's ftory is fhortly thisSome time ago, he met with a travelling Irifh tinker; he called him into his shop, which is fituated in the High Street, at the back of the Fountain Well, Edinburgh, and afked him, if he ever made fuch an infirement as a ftill? Pat told him, that he could not only make it, but ufe it. He then made an appointment to meet the tinker in Charlotte Square, where he blindfolded him, and carried him, in a coach, to his shop; he then introduced him into a cellar, by a trap-door, in a dark room, through which he paffed from the front to the back shop; this dear was neatly concealed by a fmall prefs, and the paffage was fo tight that a man could fcarcely pafs through it. Here he provided his tinker with copper, who, in a fhort time, conftructed a fill upon the most approved principles; after which he again blindfolded him, and fet him adrift in a different quar ter of the town,

How long this inftrument was at work did not appear on the trial; but, it is evident, that a very short time would enable the proprietor to meet all expences, or par any penalty he might incur. For his fpirns he found a ready market; his customers fent their fervants with ready cash for what they wanted; confequently no names appeared, and he proleffed a total ignorance of who they were.

Such was the ingenuity with which Mr Old had contrived to conceal his operations, that the officers, even after receiving infor mation, had the greatest difficulty in finding out where the ftill was concealed.

HIGH COURT OF JUSTICIARY.

Thursday, the 12th ult. came on, before the High Court of Jufticiary, the trial of Peter Hugham, late clerk to the Collector of Excife for the Fife district, accused of forging Excife debentures.

After the evidence was gone through, the Jury were addreffed, on the part of the Crown by the Solicitor General, and on the part of the prifoner by James Simpson, Efq; after which, the Lord Justice Clerk charged the Jury, who retired to an adjoining room, and returned with a verdict, finding, by a plurality of voices, the charge of forgery not proven, and unanimously finding the iffuing the forged certificate proven.

The Council for the Crown moved for judgment; when it was objected, by the Counfel for the prifoner, that, as the prosecutor had, in the previous part of the proceedings, restricted the pains of law libelled, to the punishment fpecified in the statute libelled on, and had thereby given up the charge for iffuing, at common law; and, as there was no punishment specified in the ftatute, for the crime of iffuing, therefore no punishment could follow in confequence of this verdict. On the other hand, it was contended, by the Counfel for the Crown, that the restriction was only as to the extent of punishment, but by no means departing from the charge at common law.

The Court delayed giving judgment, and erdered informations, upon the point at iffue, to be given in on the 4th of August.

Counsel for the Crown, the Solicitor General, Wm. Erskine, and Wm. Horne, Efqrs. advocates; Agent, James Horne, Efq. writer to the fignet. Counsel for the prifoner, James Simpson, and John Tawse, Efq. advocates; Agent, Mr Peter Hewet, writer to the fignet.

On the 16th July, came on before this Court, the trial of John Colston, accused of theft. The indictment stated, that the prifoner, in company with Ifobel Whiteford, wife of a foldier in the 73d regiment, who paffed for his own wife, and a young boy, her fon, having applied for and obtained quarters in the house of John Sutherland, refidenter at Pirneyhall, in the parish of Whitekirk, and fhire of Haddington, and having, in confequence, been allowed to remain there till after getting breakfast the following morning, the prifoner, in the evening of that day, before leaving the house, did fteal therefrom a web of traiking, or coarfe linen; as alfo, that he opened a lock

July 1811.

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