houfe upon the prifoners, if the throwing continued: That Inglis, upon the evening of the 27th, was pofted upon the south fide of the house, without the pallifade, and the fentinels to the right and left of him heard him repeatedly call to the prifoners to keep back from the windows; that he complained to the keeper of the prison that he could not fland upon his poft, for stones, bones, and sticks, thrown at him by the prifoners; that the jailor went into the prifon to challenge the prifoners, and put them upon their guard; that when in the act of doing fo, Inglis fired in through the windows of the ftair-cafe of the third flat, by which the deceafed was mortally wounded. It was declared by the officers commanding the detachment, and the ferjeants, that frequent complaints had been made to them by the men, of being annoyed by the prisoners, and that they took every step in their power to prevent it, and find out the perfons offending, but that strict orders were given not to fire upon fuch occafions, but to call the ferjeant of the guard; (it did not appear that the pannel had been informed of this order) and that by the general orders read to the detachment, a fentinel was entitled to fire when the prifoners were escaping, or attempting to efcape. It was worn by one of the prifoners, that he and the deceased were flanding quietly together, converfing at the window, and that they neither fpoke nor threw at the fentinels. Inglis, in his declaration, admitted he had not called the ferjeant of the guard, nor received orders to fire, but that he was feverely pelted by the prifoners from the ftair-cafe window of the third flat; that he repeatedly called to them to keep back from the window; that they laughed at him, and said he had no ball in his piece; that he cocked, and prefented, but not wishing to fire, recovered his arms; and that it was not till after repeated infults that he at laft fired; and that he confidered himfelf entitled to do so, being infulted on his post.

Inglis is a young man, about 20 years of age, and had not been full twelve months a foldier, and his Captain gave him the character of a steady quiet man.

The Jury were charged on the part of the Crown by Mr Mackenzie, and on the part of the pannel by Mr Wilfon; when the evidence had been fummed up in an impartial manner by the Lord Justice Clerk, the Jury retired, and, in a fhort time, returned a verdict against the pannel, of Culpable Homicide.

Counsel for the Crown, J. H. Mackenzie and James Wedderburn, Efquires-Agent, Mr H. Warrender. For the pannel, James

Wilfon, and John Tawfe, Efquires-Agent, Mr John Chriftie.

Next day, while the Jury had retired to confider of their verdict, on the cafe of Frafer and Moffman, James Inglis was brought to the bar. Mr John Tawfe, Counsel for Inglis, fhortly addreffed the Court in mitigation of punishment, principally on account of his youth and inexperience as a foldier, and the probability there was, that he had mistaken his orders.-Their Lordships delivered their opinions upon his cafe at confiderable length, and he was fentenced to be tranfported beyond feas for the space of 14 years, under, the penalty of death, if he fhould return to this country before the expiry of that period.

"

WEDNESDAY, AUG. 29.

This day came on the trial of David Frafer, porter in Leith, and Robert Moffman, carter, Graffmarket, Edinburgh, charged with breaking into the warehouse of John Anderfon, merchant in Leith, on the 10th of July, and ftealing therefrom twenty buffalo hides, and twelve tanned smaller hides, and five boxes of ra fins, the property of the faid John Anderfon. The pannels pleaded not guilty; and, no objections being made to the relevancy of the libel, a jury was chofen, and the trial proceeded.

On

John Anderson, merchant in Leith, faid, his warehoufe is in Mitchell Street. the 10th July, he employed David Frafer as a porter, and fent him with fome goods to the shore; but did not fee him till next day, when he paid and difmiffed him. Soon after, he miffed twenty buffalo hides, and forty-one tanned skins, and five boxes of rains; and, finding a bar removed from a window, he fufpected his warehouse was robbed. On the 13th, he received a letter from Mr Elder, tanner in Dalkeith, ftating that he had feized fome hides, which he fulpected were stolen. In confequence of this information, he went to Dalkeith, and found the hides were his property; but there were not fo many as had been stolen from him. Witness identified the hides, which he knew by being foreign and double ftamped. He alfo identified five boxes of raifins. He faid, that Fraler was employed on the day before the robbery, in carting buffalo hides: that he (Frafer) engaged not a Leith but an Edinburgh carter, which he believes to be the pannel, Moffman. Frafer was in the warehouse for fome time by himfelf, and had a full opportunity of feeing where the hides were, which were weighed and laid atide for a purchafer, and laid on the floor. Witnefs carries on bufnefs

nefs under the firm of James Anderfon and Co.

William Waddell, carter in Edinburgh. -The witnefs knows the pannels. Moff, man called him up on the morning of the 11th, with his horfe and cart, to leave fome goods with him; he accordingly rofe, and found the goods fpecified in the libel on it. The witnefs had no accommodation for the goods, but they were laid down near Hamilton's Folly, where the witness had his ftable-they took one of the boxes of raifins with them. Witnefs met the pannels again in the evening, and he went with them into the house of one Allan, in the Pleafance, where the raisins were brought in and fold to Allan for 6d. per lb. and Moffman got part of the money from Frafer. Next morning he went to Dalkeith, in company with Frafer, where the hides were offered for fale, first to Mr Thorburn, and afterwards to Mr Elder, who refused to buy them, as he fufpected they were ftolen. They foon left Dalkeith, with the hides, for Edinburgh, and stopped at a public houfe at Danderhall, to get fome refreshment, when they were overtaken by a man from Mr Elder, who wished him to return to Dalkeith, which he did, and the hides were counted and delivered to Mr Elder. Frafer did not return to Dalkeith. While at Dalkeith, one Haftie asked where the hides had come from, when Frafer faid they came from Jedburgh, but the witness faid they came from Noblehouse, which he found was a mistake, as he did not know where they came from.

James Elder, tanner in Dalkeith, recollects Frafer coming to Dalkeith, and offering him fome buffalo hides for fale.-Waddel, the carter, brought them to his tanwork; and, on asking where they came from, Fraser said they came from Jedburgh. Witness did not like the appearance of the feller, which was Frafer, and fufpected they were not fairly come by. They did not, in his opinion, feek a fair price. He fent for Mr Haftie, a neighbour, to look at the men, who was alfo fufpicious of them. He again afked them where they came from? when Waddel faid they came from Noblehoufe. The witnefs told them, he fufpected them, and faid, he would fend for a sheriff-officer, on which they went away. He did fend for Torrance, the fheriff-officer; but, in the mean time, he ordered his fervant to mount a horse, and go after them, which he did, and brought Waddel back to Dalkeith, when witnefs took the hides into his cuftody. Sufpecting the hides to belong to Mr James Anderfon, leather merchant Leith, as he had before feen such hides in

his warehouse, he wrote him a letter informing him of the circumftance of his having detained the hides. The witness identified the hides.

David Torrance, fheriff-officer in Dal. keith, was called on as a witnefs, but failing to appear, was ordered by the Court to be fined 100 merks Scots.

William Crab, feryant to Mr Elder, faid he went after the cart with the hides at his mafter's defire, and brought the cart back to Dalkeith, but Frafer did not return with it, although the witness saw him in the house at Danderhall with Waddel, drinking porter,

Abraham Forreft, grocer, Graffmarket, remembered buying a box of ra fins from Frafer, at 64d. per 16. which he thinks was a fair price. The raifins were afterwards taken from his fhop by a sheriff-off. cer.

David Allan, grocer in Pleafance, remembers Waddel, the preceding witness, bringing the pannels to his house, from whom he bought four boxes of raifins, for which he paid 40s, which Fraser put into his pocket. The raifins were afterwards taken from his shop by a sheriff-officer.

The declarations of the pannels were then read, which closed the evidence for the Crown. Frafer, in his delaration, admitted the commission of the crime libelled, and faid that Moffman had received 8s. and Waddel 5s. 6d. when the raisins were fold to Allan. Moffman admitted that he went with Frafer to Leith with his cart, and drove the goods to Waddel's flable, and also that he was prefent when fome raifins were fold to a grocer at the head of the Pleafance, but that he only got three fhillings of the price from Frafer as the hire of his cart, which, he faid, was all the money he received.

The Jury were addreffed on the part of the prosecution by J. H. Mackenzie, Efq. and by John Wood, Efq. for the pannels, and the evidence was fummed up by the Lord Juftice Clerk, in his usual able and impartial manner.

The Jury were then inclosed (the Court continuing fitting), and returned a verdic, unanimously finding the pannel Fraser guilty; and alfo finding, by a plurality of voices, the pannel Moffman guilty.

Mr Wood, Counfel for the pannel, moved an arreft of judgment, on the ground that the libel Specified the articles ftolen belonged to John Anderfon, whereas the firm of the company was James Anderson and Co. The Court delayed the confideration of this point till the lft of November next.

Counfel

Counsel for the Crown, J. H. Mackenzie and James Wedderburn, Efquires-Agent, Mr H. Warrender. For the pannel, John Wood and John Borthwick, EfquiresAgent, Mr George Veitch, W. S.

THURSDAY, AUGUST 30.

This day came on before the Court, the trial of John Symons, furgeon in the 51ft, or Edinburgh regiment of militia, charged with the wilful murder of John Boyd, engraver in Edinburgh, by stabbing him with a fword in the Candlemaker-row, Edinburgh, upon the night of the 2d day of Auguft laft. Pannel pled-Not Guilty.

James Sinclair, police-officer, was stationed in the Candlemaker-row, on the night of the 2d of August, heard no noise; found a man lying on his back at the corner of the fquare in Merchant-flreet. Witnefs called for his two neighbouring watchmen, and a young man came up, and upon looking in the man's face, he faid he was a Mr Boyd, who lived in the CandlemakerTOW. Witnefs's comrades carried him to the watch-houfe, and the witness went for a furgeon; faw no blood on the body.

John Forsyth, police-officer, was stationed at the foot of the Weft-bow, on the night of the 2d of Auguft; was called by James. Sinclair, to affift him to raise a man lying in Merchant-ftreet, who he faid was the worfe of liquor. Witnefs, upon feeing him, faid he was dead, and opening his clothes, faw blood flowing from his breast. A young man of the name of Paton came up, and looked at the body, faid he knew who the perfon was, and advifed the witnefs to carry him to the watch-houfe. The deceafed was lying on his back at the west end of Merchant-ftreet, about two yards from the gutter of the Candlemaker-row.

Andrew Inglis, furgeon, made out a report upon infpecting the body of the deceafed, along with Dr Farquharfon; report read; found no external marks, except a wound on the left fide, about an inch and a half in width, had paffed through the lungs and heart, and occafioned the death of the deceased; the wound was in the back part of the fide, about an inch behind the left arm. Witnefs particularly examined the body, and there was no appearance of blows or bruifes. Witnefs knows the pannel Symons; visited him the day after he was apprehended; there were marks of at leaft four blows on his head, and he also complained of bruifes on the body; but as the witnefs did not afterwards attend him, does not know what fymptoms appeared afterwards. Has no doubt that fush blows September 1810.

and bruifes may have ftunned Symons, and made him infenfible.

William Farquharfon, furgeon, inspected the body of John Boyd, along with the preceding witnefs; adhered to the report now fhewn him in court.

Captain Robert Watson, Edinburgh Mi litia. The pannel fupped at the witness's houfe in Buccleugh place on the evening of the 2d of Auguft; left it about a quarter before 12 o'clock; there were feveral gen tlemen and ladies prefent, and the pannel was perfectly fober; he bore an excellent character in the regiment, and was not at all given to quarrelling, and is a very fober

man.

Lieutenant Ronaldson, Edinburgh Militia; fupped with the pannel at Capt. Watfon's house on the night of the 2d of August; there were Paymafter Paterson, Capt. Wat fon, and fome others prefent; the pannel and the witness left Capt. Watson's house 20 minutes before 12 o'clock; proceeded down Brifto-ftreet and Candlemaker-row; when oppofite Paterfon's inn, obferved three men ftanding at the door, one of whom darted across the street, and ftruck Mr Symons, he thinks with a stick, but, owing to the darkness of the night, cannot fay. Witnefs and Symons turned round, and afked him what he meant? He made no reply, but feized Mr Symons by the neck cloth. Mr Symons told him, if he did not let go his hold, he would run him through the body; but he did not ftrike him. The man then ftruck Mr Symons with his fit feveral times upon the head. Witness then went up to his two companions, and defired them to take away their friend without farther fcuffle; his companions immediately came forward, and took him off at that time. Mr Symons then went to Paterfon's inn, in order to afcertain their names; but Paterfon's people would not open the door. Mr Symons and witnefs then walked down the Candlemaker-row, and a man came up and faid, You have been infulted by fome blackguards. Mr Symons faid, Yes, you are the blackguard. The man faid, No; and to convince you I am not, I will take you by the arm, and efcort you as far as the West Bow, where I lodge. Mr Symous defired him to go about his bufinefs; but he perfifted in accompanying him, and took the first opportunity of knocking Mr Symons down with his fift. They had walked ■ good way from Merchant-ftreet, almoft to the entry into the Cowgate. Mr Symons, on recovering himself, immediately ran up the street after him. Witness remained on

the

the fpot; but finding Mr Symons did not return, he proceeded up the freet, and met Mr Symons coming running down. They then ran across the Grafsmarket, and ftop ped in the Weft Bow, where Mr Symons took the witnefs by the arm; they then proceeded towards the Caftle; Symons faid he was afraid one of his jaw-bones was broken. On arriving at the Caftle-gate, Symons got very fick, and vomited all the way to his room. Witnefs left him after feeing him to bed. Before Mr Symons purfued the man, he did not fee him draw his fabre; when he returned he told the witness he had drawn his fabre, and did not know what he had done. The witness faw only one man ftrike; the man who came up the fecond time had no flick, and it was near the entry to the Cowgate where he ftruck Mr. Symons. The man who ftruck the first time appeared to be the fame man who ftruck the fecond time. Mr Symons ufed no violence to the man who came up the fecond time, and faid nothing to provoke him, merely declining his company, and defiring him to go away. Mr Symors' breeches were marked with what appeared to the witnefs the marks of feet; witnefs and Symons were perfectly fober; has been five years in the corps, and Symons bears the best of characters in the regiment; witness never knew him quarrel. Robert Paton, painter in Edinburgh, was examined, and ftated fome circumftances of an uninteresting nature.

Ann Clark, daughter of Archibald Clark, chairman, refiding in Brown's fquare, knew the deceafed John Boyd; faw him on the evening of the 2d of Auguft coming through the arch from Brown's fquare to the Candlemaker-row; this was about twelve o'clock. Saw two officers coming down the Candlemaker-row, and they came against him, or he against them. Either Boyd or they, faid, Hold off, you br, and they answered the fame. Boyd then faid, There's a challenge for you, and ftruck one of them. One of the officers faid, Never mind him, he is drunk; and they paffed on.

John Davidíon, upholsterer, recollects, in company with David Hunter, of having met the deceafed and Paton on the 2d of August, about 12 o'clock at night, betwixt Brown's Square entry and Mrs Paterfon's ion. Hunter offered Mr Boyd a glass of fpirits, and they knocked at Mrs Paterfon's door; the asked who was there? answer was made, Mr Boyd. Mrs Paterfon opened the door, but would not admit them. It was a very dark and rainy night. Paton and Hunter were under the witness's un

brella. Two officers came down the row; first word the witness heard was one of the officers faying he had a good mind to run him through the body. Witness went for ward to one of the officers, and faid, If any thing had been done, not to make any quarrel upon the street. Officer gave a civil anfwer, and feemed to be disposed to be peace. able; but Boyd darted past, and gave one of them a fevere blow. The officers, being linked in one another's arms, feparared; faw nofword drawn; and as the night was dark, and a threat made to draw a fword, witness went off. Boyd appeared to have been drinking, and faw no provocation given by the officers. Boyd and Paton had been differing about fome cloth, which Boyd had fwinging in his hand, which might have probably touched the officers. Boyd had no ftick. The night was to dark it was hardly poffible to fee across the street. Neither of the officers defired the witness to take away Boyd.

The pannel's declarations were then read to the Jury. In the first declaration he ftated, that he came down the Candiemakerrow with Lieutenant Ronaldson about a quarter before 12 o'clock on the night of the 2d of Auguft; when opposite Pater fon's inn, two men were walking, who ap peared to be rather intoxicated; one of them ftruck the declarant a blow on the back of the neck, and he turned round and feized the man, and knocked him down; knocked at Mrs Paterfon's inn, to inquire who the man was, but could not get ad mittance; proceeded onwards: fome perfon came up, and faid he had feen fome blackguards strike the declarant; declarant faid he was the blackguard, and defired him to go away; this the man denied, and offered to efcort him to the Weft Bow, and seized the declarant's arm, and walked a little way; he then offered to feize the declarant's fword, which he refifted; and the man then firuck him a blow on the face, which knocked him down, and then run off, after kicking the declarant. When the declarant recovered, he drew his fabre, and followed the man to the weft corner of Merchant Street, where he attempted to give the man a blow with the fabre. He endeavoured to wrest the sabre from the declarant; gave him another blow, and then again ran of; and, in running, he came against a man, and then fell upon his back; that the declarant then intended to have given the man a cut upon the arm, fo that by that means he might difcover him; but, in doing fo, the man parried off the fabre, and it went into his fide, and then the de

clarant