SPRING CIRCUITS.

WEST.

Inveraray, April 16.

The Circuit Court of Justiciary was opened here this day, by the Right Hon. Lord HERMAND.

Malcolm Livingstone, tenant in the island of Jura, accused of affaulting and deforcing

the crew of the Excife cutter Maria, was

outlawed for not appearing, and the bail bond granted for his appearance declared forfeited..!

John Graham, fhoemaker in Oban, indicted for ftealing a fum of money, from a lock fat place within the house of John M'Callum, cart-wright in Oban, was found guilty on his own confeffion; but, on account of his youth, and, the candid acknowledgment of his crime, the Jury recommended him to mercy. He was fentenced to feven years transportation.

Next day, the Court heard and determined five appeal cafes.

Alexander Williamfon, foldier, and Thomas Finniefon, carter, for affaulting 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.

Helen Manfon, wife of Alexander M'Kenzie, and Charlotte Paterfon, wife of

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 business did not finish till

half-paft ten; and the Court continued hear ing appeals till about 12 o'clock at night.

The Court is to proceed to Stirling, where they will fit on Thursday morning.

Stirling

Stirling, April 26. The Circuit Court of Jufticiary was opened here by the Right Hon. Lord CULLEN. William Anderfon, now or lately refiding in Alloa, and Robert Marshall, accused of robbery, were outlawed for not appearing.

William Hunter, miner at Coalfnaughton, in the parish 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 recommitted to prison on a new warrant, but afterwards admitted to bail.

George Allan, ravelling merchant, indicted for theft and deforcement of conftables, 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 bufinefs to come before the Court, and this ends the Western Circuit.

Dumfries, April 24.

On Saturday latt, 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 business 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 accufed 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 ftand 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 Gatehoufe of Fleet, in the ftewartry of Kirkcudbright, accused of fheep-ftealing from the farms of Blackerston and Blanerne Well Mains, in the coun→ ty of Berwick, in the month of September laft; 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 Southern Circuit was ended.

NORTH.

Perth, April 18.

Yesterday, the Circuit Court of Justiciary was opened here by the Right Hon. Lørd ARMADALE. After the uiual preliminary forms were gone through,

Janies Ferguson, labourer in Forfar, and Thomas Ferguson, his fen, were put to the bar, accufed of houfe-breaking and theft. The Depute Advocate (Mr Douglas) on account of particular circumstances which had juft come to his knowledge, petitioned the Judge to defert the dies pro loco et tempore, and to grant warrant for recommitting them. To this their counsel (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 difmiffed 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 fenfe 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 purpose of being tried for his life, before the Court of Justiciary.

Hugh M Pherfon, stabler, or lately fabler, in Rofe Street, Edinburgh, was accu fed of having, on the 10th of August last, 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, ftriking him on the head with a sword, 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, fupervisor, and Mr Shorthouse, excife officer in Crieff; and that these gentlemen had given it as their opinion, founded ou an act of Parliament, that, even when by himself, and without any written commiffion, 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 statute, 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.

David Mitchell, manufacturer in Perth, accused of housebreaking and theft, was outlawed for not appearing.

Denald Connachar, in Tomintianda; John Deuchars, jun. fhoemaker in Middle Berr chill; Donald Duff, fervant to James Duff, at Letham; Donald Robertfon, in Grenichmore; Charles Robertfon, there; and William M'Gregor, fon of Peter or Patrick M'Gregor, in Slecht of Strathgarry, accufed of affaulting and deforcing the officers of his Majefty's revenue-Donald Robertfon,' Charles Robertson, and William M'Gregor having failed to appear, fentence of fugita ton was pronounced against them. 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 imprifonment, the Jury having recommended the latter to the mercy of the Court.

The

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, accufed 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 deserted fimpliciter, and fhe was difmiffed from the bar. Will was found guilty upon his own confeffion, and fentenced to be transported 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

Inverness, May 2.

The Circuit Court of Justiciary was opened here yesterday, by the Right Hon. Lord ARMADALE.

Coll Macdonell, refiding in Drimarbin, in the parish of Kilmallie, accufed of rape, or of affault with intention to commit a rape on the perfon of Janet M'Pherfon, daughter of Archibald M'Pherson, 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 fmall articles from his tnafter, was found guilty, by his own confeffion, and fentenced to two months imprisonment.

Duncan Grant, refiding in Auchtemrack of Urquhart, accused of forgery, failing to appear, fentence of fugitation was pronounced against him. No other bufinefs depending before the Court, this ends the Northern Circuit.

T

GENERAL ASSEMBLY.

3 Thursday, May 17. 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, 86 unto the Jews a ftumbling-block, and un"to the Greeks foolishness." 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

very elegant fpeech from the Throne, to which the Moderator made a fuitable reply

Dr Nicol, in a very neat speech, moved an addrefs to his Majesty, on the present, si, tuation of public affairs. The motion was feconded by Principal Hill, and unanimouf ly agreed to. A Committee, was then aps pointed to draw up the addrefs, and an anfwer to his Majesty's letter,

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 firft in the forenoon, and the Rev. Mr Andrew Murray, minifter 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, minifter at Applegirth, in the afternoon.,,.

Saturday, May 19.

This day, the Committee appointed to draw Majefty's letter, prefented their report. 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 prefented to his Majefty. The Affembly unanimoufly 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.

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. Mr Arthur was heard for himself, 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 constitution of this Church for any members thereof to adminifter fealing ordinances to thofe who defert

the

the miniary of their eftablished paftors, and that it is unbecoming and schifmatical in neighbouring minifters to give countenance or encouragement to thofe who ftatedly withdraw themselves from their own con

gregation-but in respect that the facts ftated in the memorial, referred by the Pref bytery 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 fémbly should difmifs the complaint. Another motion was made and feconded, that in refpect 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, minifter 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 support of the petition and complaint, and Principal Hill was alfo 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 hould difmifs the complaint, in respect it does not appear that the Prefbytery of St Andrew's have acted inconfiftently with the rules prefcribed by the form of procefs. The fecond motion was, "That the General Affembly fhould 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 first motion was carried by a majority of 12; there being for the first motion 67 -for the fecond motion 55.

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 Assembly then proceeded to confider a petition of David Pearfon and others, of the parifh of Abbotsball. against a féntence of the Synod of Fife, 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 Minifter 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 fteps by the first Wednesday of June, to the fettlement of Mr Anderfon as Minifter of Abbotfhall.

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 provifion 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 consideration the înformation 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 confider ation the petition and complaint of the Rev. George Murray, minifter of North Berwick, against a sentence 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 small stipends, without delay; and that orders 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 business.

The Affembly agreed to issue subscription papers to the different Prefbyteries, in aid

of