hind him, to come and give evidence. At the feffions held at the Old Bailey, on Wednesday the 10th and the following days till Saturday the 13th of July, Carrol and King were brought to their trial; and, upon proof of the facts that have been related in this narrative, by Mr. Carr and the two boys, they were found guilty. But though there was no doubt as to the fact, there was fome doubt whether it fubjected the prifoners to capital punishment. Carrol was tried upon the ftatute, commonly called the Coventry act, for "that he did lie in wait, and, with malice aforethought, make an affault on Cranley Thomas Kirby, efq; with intention to maim and disfigure him, and with a certain knife made of iron and fteel, which he held in his right hand, did fit the nofe of the faid Cranley:" King was indicted for aiding and affifting him. Now, as the mere affault with an intention to maim and disfigure, is not capital, nor the actual maiming and disfiguring in this cafe, except the nofe was flit, the furgeons and the phyfician were examined as to the nature of the wound on Mr. Kirby's nofe; and, it appearing to be tranfverfe, they were atked, whether the giving fuch a wound could be properly called fitting; they all agreed that the word it was formerly ufed for fuch a wound, and that to fit and to divide, or cut, are fynonymous terms. Mr. Ingram faid, that Wifeman, the author of the celebrated treatife on furgery, had ufed the word flitting, for what is now called dividing; and being asked, whether a blow cross the arm would be called a fit wound, he answered, that they made no diftin&tion whether the wound was made one way or other; the court then faid, "Suppose they had it the noftril," Mr. Ingram replied, "We call that an incifed wound." Upon all this, however, it has been obferved that the words Art and divide are not now, nor ever were used fynonymously, and that the word divide is not fubftituted instead of the word flit, so as to exprefs precifely the fame thing. It is allowed that every lit is a divifion; but it is denied that every divifion is a fit; at leaft, it is denied that a member or feature is it by every wound that divides the flesh. It is afferted that to flit is properly to cut through, and that to incife, if there is fuch a word, is to cut in; fo that the diftinction of an incifed wound is faid to be improperly applied to a wound by which the noftril is cut through. It is alledged, that, as we thould scarce speak properly, if, when a man's arm was cut tranfverfely, we should fay his arm was flit; fo neither fhould we fpeak properly, if when a man's nofe has received a tranfverfe wound, we fhould fay that his nofe is flit. However, not to enter into the defence of the word incifed, as applied to a wound through the noftril, it is certain that every fiethwound, not a puncture, is a flit, in whatever direction it is made. A fit may be cut in a man's leg as well crofs-way as long-way, and it cannot be denied that to make a flit is flitting; he, therefore, that makes a flit on the nofe may fairly be faid to fit it. And the determination of the gentlemen on the bench in this cafe certainly does them honour. Carrol Carrol and King were executed pursuant to their fentence, on the 31ft day of July. Carrol behaved boldly at the taking of the Havannah, where he ferved as a foldier; and at the place of execution appeared unconcerned for himself, but lamented the fate of King, who, he faid, was innocent of the fact for which he was to fuffer; and was firft led into robbery the night it was com. mitted. An account of the trial of Patrick HEY were indicted of thefe THEY ment. The deceased was the eldeft of three brothers, being about the age of forty, and laird of Eaft-Miln in the county of Forfar; the prifoner Patrick was the second, who was a lieutenant in the 89th regiment of foot, juft returned from the Eaft Indies; the third was Alexander, a doctor of phyfic. The prifoner Nairne was about twenty years old, and daughter of the late Sir Thomas Nairne, of Dunfinane,bart. Of the inceft there was no direct evidence; but there was circumftantial evidence of the strongeft kind by feveral witneffes, whofe teftimonies mutually coincided with, and greatly confirmed and ftrengthened each other. When the two prifoners were in the deceased's house during his abfence, they were heard together in the night in Mrs. Ogilvy's chamber by her fervant who lay under it in a room that had no plaistered cieling, fo that the leaft noise could be heard. In the morning it appeared by the lieutenant's bed, that nobody had lain in it, and Mrs. Ogilvy's bed was greatly tumbled. They were followed fecretly up ftairs, after having retired together, and found in a chamber by themfelves, where Mrs. Ogilvy was discovered on a bed, and the lieutenant as just rifen from it. They were alfo feen in bed together by a fervant. And several particulars were mentioned by them and other witnefes, which could scarce poffibly have happened, fuppofing the prifoners not to have been criminally intimate. The depofitions, with refpect to the murder, were in subftance as follows. Anne Clark, coufin german to the deceafed, who was in the house with the parties, depofed, that having had the ftrongest proof of a criminal intimacy between the prifoners, except actually feeing the fact, the firft reproached the prifoner Nairne, who made no reply; that the fact being afterwards frequently repeated, the fpoke of it to the mother of the deceased, then in the house; that the mother told her fon, that his wife was troublefome to the lieutenant, upon which, a quarrel between the two brothers enfued, and the lieutenant being ordered out of the house, left it a day or two afterwards; upon which Nairne threw herself in an agony upon his bed, to which they had been used to retire together every morning as foon as the deceased was gone out to his workmen, and expreffed great refentment against her husband. That she told the deponent, before the lieutenant left the house, that, that the feared Stewart had brought poifon to Nairne, which the would give to the deceased, and propof that, if he had a dofe, the would give it him; and frequently afterwards fignified to her, that the was refolved to poifon him, and intended to tell the deceafed of it; which ed to get poifon upon pretence of poifoning rats, either from Mr. Robertfon, a merchant at Perth, or Mrs. Eagle, who keeps a feed fhop in Edinburgh. That the deponent, in order to divert the prifoner from her purpofe, and gain time, told her that this method of obtaining poifon would be dangerous, and that the the deponent would procure fome by means of her brother at Edinburgh; to which propofal the prifoner agreed; but often complained that the deponent was long in executing it; and, therefore, pro pofed to employ the lieutenant for that purpose, and defired the deponent to apply to him accordingly, which he declined. That, on the day when the lieutenant left the houfe, the other prifoner Nairne told the deponent, he had with much difficulty engaged him to furnish her with poifon. That, the day before the deceafed died, the told the deponent that the had received a letter from the lieutenant, in which he acquainted her that he had got the poifon, but not chufing to truft it by the hand of the meflenger, would fend it by Andr. Stewart, his brother-in-law. That, on the evening of the fame day, Andrew Stewart came thi ther; and, being queftioned by the deponent, acknowledged he had got drugs for the prifoner Nairue; that he was with her alone half an hour, when the fuppofed the drugs were delivered. That, the deponent told lady -Eaft Miln, mother of the deceased, the old lady oppofed, faying it was improper, but agreed that the deceafed thould be cautioned not to take any thing from his wife; which was done. That the deponent went to the Kirk-town, to take advice of the minifter, but unfortunately he was not at home. That the told the deceased the fame night, his life was in danger, but did not say from his wife, and advised him to leave his houfe, which, he faid, he could not do; but intimated that he knew whence his danger was apprehended, and would take nothing that his wife gave him. That when the deceafed and his wife were gone to bed, the deponent, Andrew Stewart, and the deceafed's mother, had a long conference on the fubject; Stewart himfelf was of opinion, that what he had delivered to Nairne was poison, and declared he had received it from the prifoner Ogilvy, with a letter, and a request that both might be delivered into Nairne's own hand; that the old lady thought her fon in danger, declaring, the believed his wife would ftick at nothing; that Stewart faid he knew the drawer into which Nairne had put the things, and propofed to get her keys in the night and take out the things, or to get the back of the cheft of drawers removed by a workman, and for get at the drawer without the key; but neither was done. That the next morning Nairne made the tea earlier than usual, and carried up fome to the deceased; and having been backwards and for forwards two or three times, came at length into the break faft-room, and faid the deceased was taken very ill; that is diforder appear ed to be a violent vomiting and purging. That the deponent went to him about noon, and found him extremely ill, having alfo an intolerable thirft, which with his pains and evacuations continued till about eleven o'clock the fame night, and then he died. That during his distress, he said he was poifoned; that his mother reproached him with having bro. ken his promife, and taken tea from his wife, and that he only replied, "It is too late, the forced it on me." That after the deceafed was dead, Nairne ordered one Millman, his tenant, to take horfe and acquaint the prifoner Ogilvy with his brother's death; but that he, being acquainted with that event by another hand, came the next morning at fix o'clock. That the deponent told him, foon after his arrival, that the knew the whole affair of the poifon, and afked him how he could fend it to Nairne. That he appeared to be in great concern and confufion, and faid, "Suppose I did fend it, I did not think the had fo barbarous a heart as to give it." Elizabeth Sturrock, fervant to the deceased, depofed, that he had a good ftate of health, and was well the day before his death. That, on the morning of the day on which he died, the prifoner Nairne, her mistress, told her in a low voice that the had given the laird his breakfaft, and defired the deponent to fay, the had also got her breakfast, though the had not. That foon after the deceased was taken very ill, and continued fo till he died. That after he was dead, when the sheriff was coming to take examinations, Nairne requested the deponent to tell the theriff, that the had feen her mix the bowl of tea which the had given to her husband, and to say that the, the deponent, had drank fome of it before the deceafed taffed it, and that the alfo drank fome of it that he had left; that the alfo defired the deponent to fay, that the was in the clofet with her, when the mixed the tea; that he promifed that if he would fay as thus directed, fhe would ftand by her, and no harm thould come to her; that the thould go with her wheree-ver the went, and that while the had a halfpenny, the deponent fhould have half of it. That he spoke thus to her feveral times, and that the other prifoner Ogilvy was prefent, and defire ed the would fay as Nairne directed her. Anne Sampfon, another fervant of the deceased, depofed, that he was a healthy man, and in health the day before he died. That the faw her mistress prepare the tea that he gave the deceafed at breakfast the morning of the day he died; that the followed her up ftairs, and faw her go into a closet joining to her mafter's room; that wanting fomething of They have no fuch officer in Scotland as what we call a coroner, and it is a pity they have not, for upon this occasion such an officer would have been of great fervice. her, her, the followed her into the clofet, for which her miftrefs chid her. That the faw her miftrefs ftirring about the tea in a clofet, but did not fee her put any thing into it. Andrew Stewart, merchant of Alyth, the perfon mentioned above to have brought poison to Nairne, depofed, that, on the day before the deceafed died, lieutenant Ogilvy came to his houfe, having heard. he was that day to go to East-Milo, and gave him a phial, containing fomething liquid, which, he faid, was laudanum, and a small paper packet, which, he faid, contained falts, and defired that he would deliver them into his brother's wife's own hand, with a letter, which he then alfo delivered to him, and which was fealed both with a wafer and wax. That he did accordingly deliver the fame privately to her, being asked by her if he had brought her nothing from the lieu tenant. He confirmed alfo the depofition of Anne Clark, as to the questions the afked, and the fufpicions the expreffed concerning what he had brought, and the confultations between him, Anne Clark, and the old lady, at night; and farther faid, that Anne Clark would not agree to any of his propofals for recovering the paper packet out of Nairne's drawers; and farther depofed, that he heard the prifoner Nairne fay the fame night, that the lived a most unhap. py life with her husband, and with ed him dead. He alfo confirm ed the preceding evidence, as to Nairne's making and carrying up tea to her husband, and his being taken ill in about an hour and au half, and continued fo till he died. That he propofed to fend for a furgeon when he was firft taken ill; to which Nairne would not agree, refufing it more than once. That when Alex. Ogilvy, the youngest brother of the deceased, arrefted the corpfe, he, the deponent, advifed the lieutenant to escape if be was guilty to which he replied, "That God and his confcience knew him to be innocent." James Carnegie, furgeon, at Brechin, depofed, that the prifoner Ogilvy, with whom he was acquainted, defired him, by meffage, to meet him at a tavern at Brechin. That he went, and found him in company with lieutenant Campbell of the fame regiment, and one Mr. Dick fon. That the prifoner took the deponent afide, and told him he was troubled with gripes, and wanted to buy laudanum, and that he alfo wanted to buy arfenic, to deftroy fome dogs that spoiled the game. That the deponent furnished him both with laudanum and arfenic, which he brought the next day to the fame tavern, and delivered to him in a private room, into which he took him for that purpose. That the arfenic was in powder, and the quantity be tween half an ounce and an ounce. Lieutenant George Campbell depofed, that he was with Ogilvy the prifoner, at the tavern of Brechin; that the prifoner fent for Carnegie thither, and invited him to dinner the next day; that the next day he came, and that after dinner the prifoner and Carnegie retired for a few minutes to a private room, and then returned. Patrick Dickfon, merchant in Brechin, depofed, that, when the prifoner Ogilvy was in Forfar goal, he defired the deponent to go to Mr. Carnegie the furgeon, and talk |