HIGH COURT OF JUSTICIARY.

ON Monday March 10, came on, before

the High Court of Justiciary, the trial of William Clark, paper-maker at Blackburn, county of Linlithgow, and John Clark, his son, accused of uttering, vending, and selling quantities of packing paper, having upon the covers or wrappers thereof, forged and counterfeited stamps, resembling those appointed by the Commissioners of Excise, to be used by their officers for denoting the payment of the duties on paper, they knowing the same to be forged, for the purpose of defrauding the revenue.

John Clark failed to appear, and sentence of outlawry was pronounced against him.

Mr John A. Murray and Mr John Hope, as counsel for William Clark, stated certain objections in bar of trial, founded on the act of Parliament 1701, which were answered by Mr Solicitor-General and Mr James A. Maconochie, on the part of the Crown.

The Court unanimously sustained the defences, assoilzied the prisoner simpliciter, and dismissed him from the bar, and declared him to be for ever free from any process or question for the crimes specified in the indictment in terms of the act 1701.

Wednesday, March 12.

Peter Urquhart and John Baxter, accused of mobbing at Dundee, on the 4th day of December last, were brought to the bar, and the indictment being read, the pannels pleaded Not Guilty. The counsel for the pannel, Mess. David Dickson and James Ivory, stated several objections to the relevancy of the indictment, on which they were heard at considerable length. Mess. H. H. Drummond and James A. Maconochie spoke in reply for the Crown. Their Lordships severally delivered their opinions, and were unanimous in finding the libel relevant. The Lord Justice Clerk, in speaking to the relevancy, took occasion to reprehend severely the departure from ancient forms and language, and the introduction of a modern style in the drawing up of indictments, which had been recently observed in this Court. The form and style previously in use had been approved of by their predecessors, and was still preferred by their Lordships. It was the departure from this ancient practice that had occasioned the defect in the present case, which had been noMarch 1817.

ticed by all the Judges; and if any similar innovation should in future be made, the Court would certainly reject the indictment, not so much on the ground of irrelevancy, as because it was done in too slovenly a manner to go before a Jury. The trial was then appointed to proceed on the 19th instant.

Elizabeth Robb, accused of the same crime, was next put to the bar; but David Ramsay, who was included in the indictment along with her, failing to appear, the Solicitor-General deserted the diet against her pro loco et tempore, and she was re-committed to prison on a new warrant.

Thursday, March 13.

Angus and Peter Macdonald were tried for assaulting and robbing Angus Macdonald and Donald Macdonald, at Lochills Wood, in the parish of Kincardine, Perthshire, on the 4th of December last. The pannels pleaded Guilty to the indictment, to which they afterwards adhered before a jury. The libel was restricted by the Solicitor-General to an arbitrary punishment, and the Court sentenced them to be transported beyond seas for fourteen years. The pannels are brothers, and both very young

men.

Friday, March 14.

This day the Court proceeded to the trial of Robert and David Mackintosh, brothers, accused of four different acts of housebreak

ing and theft in Edinburgh and its vicinity. They pleaded guilty to two of the acts of theft, and the libel having been restricted, they were sentenced, the eldest to fourteen, and the youngest to seven years transpor. tation.

The pannels are young men, both mar. ried, and are brothers of the unfortunate lad of that name who was executed in 1813, along with Sutherland and Macdonald, for the robberies committed in Edinburgh on the first morning of that year.

ley, in the Lawnmarket of Edinburgh; 3d, stealing two wedges of brown soap from the shop of Peter Mann, cooper, in the Kirk gate of Leith; and 4th, stealing a blue cloth great coat from the shop of Thos. M'Ewan, tailor and broker in St Mary's Wynd, Edinburgh.

To these charges the prisoner pleaded Guilty of all, with the exception of the third, and to this confession he adhered in presence of the Jury.

Mr Menzies, Counsel for the prisoner, addressed the Court in a very feeling speech, in mitigation of punishment. He stated, that the prisoner was originally bred a wea ver; but having been impressed into the navy, he served steadily and faithfully until discharged at the conclusion of the war. In evidence of this, the learned Counsel read a certificate, signed by Captain Maxwell, of his Majesty's ship Bellerophon, and stated, that upon the prisoner's return to Scotland, he endeavoured to procure work as a weaver, but in this he was unsuccessful; and for nine weeks he went about secking for work, without success, and at last committed the crime stated in the indictment, from pure necessity.

It was observed from the Bench, that sitting there as Judges, their Lordships could listen to no plea of necessity in defence of theft, but in this case they would certainly take into consideration the good character the prisoner bore previous to committing the crimes in question. The usual punish. ment in cases of this nature was transportation, but from this severe punishment the Court in the present instance would depart.

The Lord Justice Clerk, after a suitable admonition to the prisoner, then sentenced him to eighteen months imprisonment in the Bridewell of this city.

Wednesday, March 19.

This day the Court proceeded to try the indictment against Peter Urquhart and John Baxter, from Dundee, accused of mobbing, which having been again read over to the pannels, Baxter pleaded Guilty of mobbing, but not of breaking into and plundering the shops, as stated in the indictment. Urquhart pleaded generally Not Guilty.

The Court continued the diet against Pe ter Urquhart until the 5th day of April next, and he was removed from the bar, and a Jury having been chosen upon John Baxter, he, in their presence, adhered to his confession, and was found Guilty ac cordingly.

Mr Ivory, as Counsel for the pannel, addressed the Court in mitigation of punishment. Until the unfortunate circumstance of the riots in question, the pannel bore a

most unblemished and unsullied character; and he read a number of certificates from various respectable persons in proof of the fact. The pannel had no previous know. ledge of any riot about to take place-he was acquainted with none of the riotershe was going peaceably home, when he was carried along by the mob, and, more by youthful indiscretion than wilful intention, was induced to join them, although he had no participation in the acts of violence which took place.

Lord Gillies, in cousideration of all the circumstances, and the favourable character of the pannel, his Lordship would so far propose to mitigate his punishment to nine months farther imprisonment from this date.

The Lord Justice Clerk said, that the proceedings which took place in Dundee ap. peared to have been a species of the most dangerous and extensive crimes of mobbing and rioting which have taken place in this part of the United Kingdom for many years past, and he had no difficulty in saying, that attacks made upon the shops of indi. viduals by an armed multitude such as took place in this case, approached very near to the crime of high treason. The properties of six different individuals bad been attacked and plundered, which was one of the most dangerous species of mobbing, and it will require a very long continuance of activity on the part of the Magistracy, with a long continuance of quiet and orderly beha. viour on the part of the community at large, to wipe off the disgrace which had fallen upon the town of Dundee; for it appeared to his Lordship a most extraordinary circumstance, that the Magistracy of that town, aided and assisted as they necessarily must have been, by the respectable part of the merchants and traders of this populous town, should have allowed the burgh to be in possession of a lawless mob for no less a period than four hours. But for the inge nuous confession of the pannel, and his good character, the Court would have considered it their bounden duty to have transported him beyond seas; but in consideration of the circumstances which had been stated, his Lordship would concur with the Court in the lenient sentence proposed.

The Lord Justice Clerk, after a suitable admonition to the pannel as to his future conduct, sentenced him to nine months imprisonment in the jail of Dundee, thus making the whole one year's imprisonment.

JURY COURT.

March 3. James, Earl of Fife, Pursuer, the Trustees of the deceased James, Earl of Fife, Defenders.

and on giving bail for £.60, was liberated, on condition of bringing forward the person who brought in the manuscript.

Several printers and booksellers in Glasgow have also been arrested on charges of printing and publishing seditious pamphlets, and after being examined were liberated on bail.

BURGH OF ABERDEEN.

It is with concern we have to state, that the funds of this burgh are at present in that state of embarrassment, which every true friend of its prosperity must deeply regret. It is unnecessary at this time, and would perhaps be improper in this place to advert to the proximate causes of this embarrassment; the primary cause, however, is chiefly to be found in the vast expenditure which has taken place, of late years, in the public improvements of the town, particularly the opening and making out of new streets. These improvements have been carried on entirely on the credit of the city treasurer, who possesses a reversionary interest in the revenue expected to arise from them. But it is well known that the returns hitherto received from these undertakings have been so totally inadequate to their first cost, as to occasion an yearly accumulating load of debt; nor did there appear a prospect, in the present situation of the country, of their being able, for some years, to relieve the treasurer of the obligations which he had contracted for their execution. Under these circumstances, the Magistrates and Council felt it their duty candidly to disclose to the public the situation of the affairs of the burgh; and to submit to the creditors a statement of the funds and property in their hands, available for the discharge of the treasury debts. With this view, they called to their assistance a committee of respectable gentlemen, who were requested to "estimate and as"certain the value of the property belong. "ing to the treasurer of Aberdeen, and to "make up a general view of the state and "situation of the funds of the burgh." The report of this committee was laid before a meeting of the creditors of the town, held on the 21st February, and having been duly considered and approved of, it was moved by Mr Crombie of Phesto, that "The Trea"surer, Town Council, and Trustees un"der the New Street act, should grant, in "favour of twenty-one trustees, for behoof "of the creditors, a disposition of the whole "heritable and moveable property belong. "ing to the treasurer, community, and new "street trustees." This proposition seemed to meet the sense of the meeting, and

was immediately agreed to; the Magistrates, at the same time, declaring their perfect readiness to concur in every legal and proper measure which might be deemed conducive to the general interest. A Committee of twenty-one gentlemen were then named as trustees, comprising one from each of the principal charitable institutions in town, these being creditors of the treasury to a considerable amount.-We shall only add, that we conceive nothing more is necessary to give perfect confidence to the public creditor, who, although he may, for some time, suffer a small loss of interest, will, we should hope, be eventually secured in the payment of his principal. We understand, that at a meeting of the Society of Advocates, held here on Saturday, it was unanimously resolved, that they should recommend to their clients immediately to withdraw all prosecutions instituted for the purpose of obtaining preferences on the funds.-Aberdeen Journal.

MISCELLANEOUS INTELLIGENCE.

The sentence of death passed upon George Stanfield, for rape, has been commuted by the Prince Regent to transportation for 14 years.

Arrangements have been made for the establishment of a Gas Light Company in Edinburgh. The Lord Provost, and Sir John Marjoribanks, Bart. have been mentioned as the Governor and Deputy-Governor of the establishment, the shares are limited for the present to 800 of £.25 each, and many shares have been already subscribed.

We learn from Keith, that the letting of feus in the Earl of Fife's new village at that place, was respectably and numerously attended upon the 24th ult. in the course of which, and the following day, upwards of sixty lots were given off. The competition was such, that recourse was in general had to the ballot. We understand a parcel more are to be immediately disposed of; and that premiums are offered for the best plans of houses, external and internal; a matter of much importance, but often little attended to. The works carrying on for the advantage and conveniency of the inhabitants, and the improvement of the scenery, by planting, &c. reflect much credit upon the spirit and taste of the noble superior.

Feb. 17. At two o'clock in the morning, an old ruinous house, at the foot of a close, on the east side of the Saltmarket, below St Andrew's entry, Glasgow, tumbled down. Four families lived in this wretched tenement, all of whom escaped unhurt except two unfortunate children, one of them three

years

years old, and the other six, belonging to Roderick Quigley, who were found among the ruins, lying dead in each other's arms. Two cows were also killed.

19. About six in the evening, while an old man and woman were on their way home to the north end of Glasgow, in a cart, they were attacked, near Lodge-my- Loons, by three fellows, one of whom jumped into the cart, and demanded their money. The old man, not being disposed to part with his cash so quietly, took a resolute hold of the fellow, and gave him a severe blow with his stick, while the woman set up a loud cry of murder!" Two or three men on horseback fortunately coming up at the time, two of the fellows made off; but the old man keeping firm possession of the third, he was secured.

24. This day a grand pugilistie match took place at Rotton-hill Moss, near Costerton, Haughead, 14 miles from Edinburgh,, betwixt Cooper and Robinson, a black. At an early hour, coaches, chaises, gigs, tandems, horses, and every description of vehicles, were put in requisition. An immense crowd of spectators were present. Cooper was the conqueror; but the amusement afforded very little sport to the amateurs of the fancy. The black was very much mauled, and gave in at the sixth round. Bets to a large amount were depending; but the business of the meeting being so speedily brought to a close, little betting took place on the ground.

26. John Larg, and James Mitchell, were executed at Perth, pursuant to sentence, for the crimes of southrieff and robbery. They both behaved with becoming penitence and resignation; and Larg addressed the spectators from the scaffold, in an audible voice, admonishing them to let his dreadful fate be a caution to all to abstain from drinking, gambling, and night rioting, which had seduced him to the commission of the crimes for which he was to suffer. The criminals then, after some devotional exercises, took a melancholy farewell, and holding each other by the hands, were launched into eternity.

March 5. John Morris, or Morrison, was brought from Bridewell and exposed for an hour on the pillory, on the High Street, Edinburgh, pursuant to his sentence, for perjury committed in giving evidence on the trial of Black, recently executed here for highway robbery. The street, from the Tron Church to the Exchange, was crowded; but, by the outrageous conduct of a number of individuals, the attention of the multitude was soon drawn from the culprit to the public executioner, whom they pelted for some time with mud and stones; and

latterly breaking in upon the town-guard soldiers who surrounded the pillory, bore him off, and maltreated him in a most scandalous manner, until he was rescued from their senseless vengeance by some people in the crowd, and conveyed off the streets. In the end, a strong body of police officers appeared, who soon drove off the aggressors, and restored order; but unfortunately the mischief was already done. The culprit behaved with the most hardened indifference, laughing aloud at the outrageous proceedings which were going on; and at one time, when the pressure of the crowd forced the executioner close to the pillory, he actually struck him with his feet.

APPOINTMENTS, &c.

Office-bearers of the British Linen Company. Governor.-The Right Honourable William, Earl of Northesk.

Deputy Governor.-Sir James Montgomery, Bart. M. P.

Directors. John Hunter Esq. Writer to the Signet, Sir William Fettes of Comely Bank, Bart., the Honourable Lord Allo way, Adam Maitland, Esq. of Dundrennan, Thomas Corrie. Esq. of Culloch.

Office-bearers of the Royal Bank. Governor.-His Grace the Duke of Buc. cleuch and Queensberry.

Deputy Governor.-Gilbert Innes, Esq. of Stow.

The Judge of the High Court of Admiralty, Scotland, has appointed the following gentlemen to be Procurators before that Court, viz. Mr William Craig, W. S. and Mr James Donaldson, S.S.C.

Sir John Sinclair and Arthur Young, Esq. have been chosen corresponding members of the Imperial Agricultural Society at Vienna.

Sir William F. Eliott, of Stobs, Bart. and George Pott, Esq. of Todrig, to be Deputy Lieutenants for the county of Roxburgh,

The Right Honourable Lord Napier has resigned the office of Lord High Commissioner to the General Assembly of the Church of Sootland, and the Right Honourable the Earl of Erroll is appointed.