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Scottish Chronicle.

HIGH COURT OF JUSTICIARY.

MONDAY Jan, he trial of Charles M'Queen and Alexander Bailey, alias Lyon, accused of house-breaking and theft. The interlocutor of relevancy having been read, and the jury sworn in, Mr Hamilton, on the part of the prisoner M'Queen, stated, in defence, 1st, That his client was not guilty of the crimes charged.-zd, That although the circumstances libelled were proven, it could not be inferred from thence that M'Queen was guilty, because, when he went to the shop which was broken into, he did so under the employment of the Sheriff, in whose confidence, and that of his predecessor, Mr Sheriff (now Baron) Clerk, he had been for a long time prior to the commission of the crime libelled; and that, in consequence of this understanding, he addressed a letter to Mr Sheriff Rae, on the evening of the house-breaking, previous to its commission, informing him that it was that evening to take place, which clearly demonstrated that, whatever part M'Queen had in the business, was merely with the view of aiding the Sheriff in discovering the offenders; and having his (the Sheriff's) express sanction to act in this way, nothing criminal could be imputed to him :-and, 3dly, it was stated, That a fatal objection lay against the indictment itself, the shop of Mr Ker, which was broken open, being stated to be situated in "Picardy Place, in the parish of St Cuthbert's, and county of Edinburgh," whereas it was alledged that the lands of Picardy, anciently so called, had been separated, by express act of Parliament, from the parish of St Cuthbert's, and annexed to that of St Giles.

[ONDAY, Jan. 22d. the Court pro

The defence for the other prisoner resolved into a denial of the libel, and the misnomer as to the parishes alluded to in the defence for M'Queen.

Robert Ker, merchant tailor, Picardy Place, was then examined. He deponed, that on the evening of the 11th November last, he arranged his goods in

he fastened a bar that runs across the the shop in a regular way, after which and locked it himself, carrying the key window, bolted the shutters of the door, he was called upon, and, on going to to his dwelling-house. In the morning the shop, found that the door had been very much disordered, but no articles forced open, and the goods in the shop taken away.

applied to by the prisoner Bailey, to George Ross, blacksmith in Leith, was November last, for which he paid 2s. 6d. make an iron crow, in the beginning of On being shewn the one mentioned in the indictment, which had been found breaking, the witness deponed that it near Ker's shop on the night of the houseorder. was the one he had made to Bailey's

James Wilson, sheriff-substitute of Edinburgh, deponed, that on Wednesday 8th November, three days previous to mation, but not from M'Queen the prithe house breaking, he received infor soner at the bar, that a plan had been laid to break into a jeweller's shop at the head of Leith Walk, by M'Queen, Bailey, and another person of the name of Brown or Jamieson, by means of an iron crow.

state, that in consequence of this inforMr Wilson proceeded to mation he went, about 10 o'clock on the night the robbery was expected to take place, accompanied by Mr Scot. the court, to Picardy Place. From 10 the procurator-fiscal, and the officers of to 12 o'clock they continued nearly a bout the spot, during which they heard several attempts made on different shops, none of which succeeded. In passing at one time through Picardy Place, Mr W. saw two men, one of whom he knew the noise of breaking open a door was to be M'Queen. About 12 o'clock, again heard, and, ou proceeding to the spot, they discovered Mr Ker's shop. officers immediately entered, and though door open, and a light within. The the light was extinguished, secured the two prisoners; Bailey made great resis tance; M:Queen made noae, but ap

peared

peared much agitated. On searching Bailey, two picklocks and two keys were found upon him, and other keys upon the floor, near to where M'Queen stood. A tin case, containing phosphoric matches, was also found in the same place. The goods in the shop were very much tossed about, and part of them had the appearance of being packed, with the view of carrying them off. The iron crow before-mentioned was found lying on the Walk, near to the shop. Mr Wilson also deponed, that he was present on a Friday, soon after the shop of Mr Robertson of Dalkeith was broken into, when M'Queen was brought before the Sheriff, who then stated to him that he suspected he had got the greater part of the goods which had been stolen on that occasion, in his custody; and, therefore, as he was anxious to recover them, he promised him his protection if he would discover the whole that he knew concerning that robbery; bur, declining this, he was informed by the Sheriff, that if he was engaged in any matter of this kind, without giving previous information, and had his sanction to do so, he should be siezed and brought to punishment.

The Hon. Baron Clerk deponed, that, in the month of April, M'Queen was brought, as a prisoner, to his house, by two officers, when he proposed to disclose something of importance relative to a gang of house breakers, if he was not hardly dealt with himself: and at that time he made a particular communication respecting a noted offender, whom the Hon. Baron did not think it prudent to name, but whom he anxiously wished to detect; and this information he had, from other quarters, ascertained to be correct. At this time he informed his Lordship, that several capital house-breakings were to be attempted in the course of a few days; and he then received his permission to attend the meetings of the gang, in order to ascertain their places, and seemingly to join with them, and, although found in the act, he was informed that he would never be proceeded against by his Majesty's Advocate, provided the information previously given proved accurate. Lyon, the prisoner at the bar, was not the person against whom M'Queen was required to give information. He was restricted, most positively and particular

ly, not to concur in any act, without gi3 ving previous information. On witness being appointed a Baron of Exchequer, he communicated the nature of the understanding between him and the prison. er M'Queen, to Mr Rae, the present Sheriff; and, at an after meeting with Mr Rae, in the presence of M'Queen, he informed him, that Mr Bae now stood precisely in the same situation as he had done, and was possessed of the same powers.

William Rae, Esq. Sheriff, deponed, that at the meeting before-mentioned, he told the prisoner M'Queen, that' whatever assurances had been given by his predecessor would be held sacred by him. These assurances he considered to respect a particular individual, and that it was his conviction only was had in view. Shortly after Mr Robertson's robbery, at Dalkeith, his Lordship had some conversation with M'Queen on that subject, from which he suspected he was not dealing fairly, and, on telling him so, he intimated his intention of taking him into custody. This, however, he did not carry into effect; but cautioned the prisoner against ever participating in any similar act, without previously giving information, as he would give directions to watch him, and certainly bring him to justice. This happened on the Friday se'ennight previous to the apprehension of M'Queen. No information whatever, after this, was given by the prisoner, as to the intention of breaking into Ker's shop. On a question by the Counsel for M'Queen, it was answered, that the information given by M'Queen to the witness, and to Mr Baron Clerk, related to a gang, having a particular person at their head, whose conviction alone was the object particularly in view. When the prisoner was brought before him for examination, he said he wanted to speak with him; but was told, "You are a person now accused of a crime, what you have to say will be taken down in writing, and used in evidence against you." The pri. soner did not send any message before this, wishing to have any conversation with the witness.

Alexander Bailey declared he was a native of Colchester, county of Essex; had been at sea for some time, and came to Edinburgh about a fortnight before the house-breaking. He had no fixed lodg

ings, and having got very drunk on the night the robbery was attempted, he sat down by mere accident at Ker's door, which, on his leaning back, opened of its own accord, and he then went in.After a few minutes another person came in, whom he did not know, and then the sheriff officers who apprehended them. He denied having intended, any harm, and also all knowledge of the iron crow, and of the picklocks found upon him.

The proof being closed, Mr Maconochie addressed the Jury on the part of the Crown; Mr Murray, on the part of Bailey; and Mr John Clerk, on the part of M'Queen. After which the whole was summed up by Lord Justice Clerk. Next day the Jury returned a verdict, "all in one voice finding the said Charles MQueen and Alexander Bailey, alias Lyon, pannels, both and each of them Guilty, art and part, of feloniously breaking into, and entering the shop of Robert Ker, merchant tailor in Picardy Place, libelled, with the felonious intent of stealing therefrom."

The Court having delayed passing sentence till the 25th, the Lord Justice Clerk then, after a suitable admonition, declared the judgment of the Court, by which both prisoners were sentenced to transportation beyond seas for the term of 14 years, with the usual certifi

Cation.

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March. 20. At East Grange-house, Mr George Panton, merchant, Leith, to Maria, daughter of James Ker, Esq. of East Grange.

20. At Edinburgh, James Erskine, Esq. of Cambus, advocate, to Jane, second daughter of Lieut.-Colonel Patrick Tytler.

20. At Edinburgh, Mr Alexander Douglass, W. S. to Janer Hardie, second daughter of Mr Robert Bow, merchant, Edinburgh.

21. At Bruntsfield Links, Lieut.-Colonel Gerard of Rochsoles, formerly Adjutant. General to the Bengal army, to Dorothea Montagu, second daughter of the Rev. Archibald Alison, Prebendary of Sarum, &c and senior minister of the Episcopal Chapel, Edinburgh.

DEATHS.

Lost at sea, in, the Lady Jane Dundas Indiaman, Lieut.-General Hay M'Dowall, late Commander ingChief at Madras, and Colonel of the 41st regiment of foot.-Also, Lieut.-Colonel Alexander Orr, East India Company's service, eldest son of the late Alexander Orr, Esq. of Waterside, writer to the signet, Mrs Colonel Orr, daughter of the late Major-General Sydenham, and their three children. And Dr Robert Drummond, of Kelty, surgeon in the East India Company's service, on the Bombay establishment.

May 25. At Mysore, Captain Walter Shairp, of the royal artillery, youngest son of Thomas Shairp, Esq. of Houstoun.

Captain Colin Campbell, brother of the deNov. At Bandon, near Cork, Ireland, ceased Alexander Campbell, Esq. of Bar

caldine.

15. In Jamaica, William Baillie, Esq. son of the late George Baillie, Esq. of Leys.

Jan. 12. At Madeira, Mr Alexander Wallace, youngest son of the late Alexander Wallace, Esq. banker in Edinburgh.

31. At Tobago, Ch. William Irvine, Esq. youngest son of the late John Irvine, Esq. of Chancery, Edinburgh.

Feb. 4. At Madeira, Mr William Simpson Burnet of Edinburgh..

15. At Edinburgh, Miss Mary Stewart last surviving daughter of James Stewart, Esq. formerly collector of the ministers' widows fund.

16. At the manse of Lonmay, the Rev.. Mr Hugh Shearer, minister of that parish.

16. At London, after a long illness, aged 73, Rich. Chandler, D.D. celebrated for his learned travels in Greece and Asia Minor]

17. At Ardglass Castle, the Right Hon. Lord Lecale, Vice-Admiral of the Red, and uncle to the Duke of Leinster.

March 2. At Amat, Ross-shire, Munro Ross of Pitcalnie, Esq.

4. At Broughton Park, Margaret, eldest daughter of John Corbett, Esq. of Tol

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representation, addressed to the citizens of Edinburgh, in 1783, attracted considerably the public notice; and his supplement to Lord Kames's Dictionary of Decisions in the Court of Session was favourably receiv ed. His remains were consigned to the earth in presence of a numerous, though select company, among whom were to be found some of his professional brethren of the first eminence, who thus signified their respect for a man whose merits were not sufficiently known to be universally acknowledged.

March 8. At Newington, near Edinburgh, Mr Francis Reid, second son of Mr James Reid of the Exchequer.

8. Ac Springfield, near Kinross, William Halkerston, Esq. late of Halkerston's Beath. 10. At Whitehouse, near Musselburgh, Mrs Susanna Forrester, wife of Mr Alexander Findlater, collector of the Excise.

10. At Edinburgh, James Keay, Esq. of Snaigou, writer there.

11. At Edinburgh, Mrs Hill, wife of Ninian Hill, Esq. writer to the signet.

13. At Edinburgh, Mrs Mary Gadderar, daughter of the late Dr Gadderar, physician, and relict of Mr John Robertson, accountant.

14. At Edmonstone, John Wauchope, Esq. of Edmonstone.

16. At Dumfries, Mr Robert Ramsay, writer there.

16. At Edinburgh, Mr Robert M'Farlane, many years teacher of a numerous Charity School in this city. He was a most exemplary christian, and having an uncommon facility in communicating religious knowledge to the youth under his care, their progress, in this respect, was great.-Notwithstanding his advanced age (89 years), he continued to teach till within a few weeks of his death. His wife, a pleasant companion, of similar dispositions, died only 56 hours before him. They were interred in one grave.

17. At St. Bernard's Place, aged 74. Mrs Erskine Douglas, widow of the late Dr Er. skine Douglas of Kelhead.

17. At his house on Leith walk, aged 27, Mr Thomas Somerville, Superintendant of the Royal Botanic Garden, Leith Walk; a young man of great abilities, both as a professional gardener and botanist.

18. At Edinburgh, MrArchibald Hume, of the General Post-office, universally regretted, as a kind husband, an indulgent father, and a worthy member of society.

21. At Theddingsworth, Leicestershire, the Rev. Sir Charles Cave, Bart.

22. At Whitburn, Sir Hedworth Williamson, Bart. hereditary high sheriff of the county of Durham.

23. At London, the Right Hon. Richard

Earl of Courtown. His Lordship was in his 79th year, and is succeeded in his es tates and titles by his eldest son, Viscount Stopford, member for Marlborough.

23. At Newton, Mr John Traill, son of James Traill, Esq of Hobbister.

24. At Edinburgh, in her 83d year, Mrs Margaret Thomson, daughter of the late Mr John Thomson, writer in Edinburgh.

25. At Hermandston, East Lothian, Charles, infant son of the Right Hon. Lord Sinclair.

30. At London, in the 73d year of his age, Mr Robert Baldwin, bookseller, Paternoster-Row.

31. At Dalkeith, James Cleghorn, Esq. aged 79 years.

April 2. At Edinburgh, Mrs Isabella Brown, wife of Mr Patrick Cunningham, jeweller in Edinburgh.

3. At Castlesemple, William MacDowall, Esq. of Garthland, Member of Parliament for Renfrewshire, and his Majesty's Lieu. tenant for that county.

5. At Perth, in her 78d year, Mrs Robertson, widow of Dr C. Robertson, Perth.

8. At Edinburgh, Mrs Catherine Strachan, daughter of the late Mr Francis Strachan, writer to the signet.

6. At Abbeyhill, Mr William Kinnaird, an eminent chemist.

7. At Carlisle, the Hon. Mrs Douglas, sister of the late Earl of Seaforth.

8. At Edinburgh, Mr John Butter, late factor on the estate of Clanranald.

10. At Edinburgh, Mrs Janet Dundas, widow of Colonel John Hamilton of Pencaitland, and youngest daughter of the late Right Hon. Robert Dundas, Lord President of the Court of Session.

10. At Leith, Mrs Eliz. Couper, wife of Mr W. Henderson, wine-merchant, Leith. 11. At Westfield, Linlithgowshire, Mary, third daughter of Alexander Forbes, Esq.

14. At Morningside Lodge, the Right Honourable William Coulter, Lord Provost, and his Majesty's Lieutenant for the city, and county of the city of Edinburgh. -His Lordship had for some months laboured under an internal complaint, which his physicians had but little hopes of being able to remove. His dissolution was however sudden. His Lordship has left a widow and an only son (a Lieutenant in the army, now in Portugal,) to lament his loss.

The Magistrates and Council having re solved to honour the Funeral of their late worthy Chief Magistrate, by a public procession, on Saturday the 21st of April, the following form of the ceremony was printed and circulated by their order. It is nearly the same as was observed at the Funeral of Provost Kincaid on the 28th of January 1777.

ORDER

ORDER OF PROCESSION. First Regiment Royal Edinburgh Volunteers, with Drums muffled Officers of the three Regiments of Edinburgh Local Militia

Six Baton Men, two and two
Two Mutes

The City Arms

Two Mutes

Six Ushers, bare headed, two and two, The Society of High Constables, four and four, their short batons in their right hands.

The Moderator Constable in their rear The Society of Candlemakers, four and four their Preses in their rear The Society of Barbers, four and fourtheir Preses in the rear

The Fourteen Incorporations, according to
their precedency, four and four.
The late Deacons behind their respective
Incorporations; the Officers before
The Company of Merchants, four and four
The Assistants and Master in their rear
The Teachers of the English Schools be-
longing to the city

The Masters of the High School in their
Gowns-the Rector in the rear, and

preceded by the Janitor. The Professors of the University in their Gowns, two and two, preceded by the Janitor and University Mace-the Principal in their rear

The Established Clergy of the City in their Gowns and Bands, two and two-the se nior Clergyman in their rear.

Two Maces

The Macer of the Lyon Court in deep

Mourning, and bare-headed. Pursuivants, two and two The City Clerks, Accountant, Agents, and Procurator-fiscal

The City Assessors in their Gowns The resident Magistrates of Easter and Wester Portsburgh, Canongate, and Leith, in their Robes, and preceded by their Officers with their Halberts The extraordinary Deacons four and four The ordinary Council Deacons, in their Gowns.

The Deacon Convener and Trades Counsellors in their Gowns. The Merchant Counsellors The old Magistrates, and the present Magistrates in their Robes. The City Sword of State, covered with Crape, the point towards the ground; on the right the City Mace, on the left another Mace; each Mace carried nearly level in the right hands of the Macers Heralds, two and two 4 Person in deep Mourning, bare headed, bearing the Rod of office levelled before him.

The Lord Provost's Robe, covered with Crape, carried by the City's Wardrobekeeper; on each side of which, and of the Sword, and Maces, four Baton Men. THE BODY,

Placed under a Canopy, drawn by six horses, decorated with the City Arms Above the Pall the Lord Provost's Chain and Medal-his Sword and Sash, covered with Crape

The City Officers, with Halberts covered with Crape and reversed, walking

upon each side of the Pall The Chief Mourner and Supporters of the Pall

Noblemen and Gentlemen, four and four His Lordship's Servants

The Company of Sharpshooters attached to the First Regiment of Royal

Edinburgh Volunteers.

The procession to return reversed to the different places of assembling.

THE FUNERAL.-SATURDAY, APRIL 21. The body was conveyed in a hearse, privately, from his Lordship's house at Morningside, the preceding evening, at nine o'clock, to the aisle of the High Church, accompanied by a few of his nearest relations, where it was received by the Magistrates. At twelve o'clock the flag upon Lord Nelson's monument, the building of which Provost Coulter was very active in promot ing, was hoisted half mast high, and two streamers of crape displayed from its top.

At one o'clock the bells of the several churches began to toll, which they continued to do until the ceremony was over.

At half past 12 o'clock, the different public bodies connected with the city, assembled in the Parliament house and Old Church.. and the nobility and gentry, naval and miltary officers, &c. in the High Church.

At a quarter past one, the procession began to move in the order above prescribed.

The car, upon which the body was placed, consisted of a double platform, the under one covered with black, forming large festoons, round the wheels; the upper one, on which the coffin was placed, covered with black velvet, with the city arms, impaled with his Lordship's initials, on each side; above which rose a lofty canopy, richly finished on the exterior, with appropriate emblems, and the city motto inscribed along the sides, upon a silvered ground, with the word Resurgam on each end, and supported by silver columns, the upper parts of which were covered with deep festoons, and terminating in a dome, decorated with large plumes of black feathers, and drawn by six horses, covered with black cloth, with plumes of feathers on their heads, each horse led by a groom in deep mourning.

The

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