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Dr Corkindale examined the body of the deceased; found innumerable marks of vios lence on the upper parts of the body, chiefly on the right fide of the head, where there was an indentation of two inches in

length, apparently inflicted by an angular body. The cartileges of the nose were fe parated from the bones, and the bones themselves fra&ured. Under the dura meter, on the right fide of the brain, there was found nearly three ounces of extravafated blood. He was clearly of opinion, that this extravasation was the immediate cause of the woman's death; and that it was occafioned by the external violence, the marks of which were observed on the body.

his inquiry feveral times, but could get no anfwer that he could make any fenfe of; whereupon, being provoked, he gave her a blow fomewhere about the face with his open hand, and the fell upon the bed-Rock, having by this time got upon her legs; after this he went to bed, and his wife came in befide him foon after; he did not obferve her making any noife at all, and he fell afleep, and awakened at his usual hour, when he afked his wife if he was going out to work, but received no anfwer; and upon examination the appeared to be in a state of infenfibility, but was breathing, and not cold. As he had known her fubject to fits, of confiderable duration, which he believes were originally brought on by drinking, he got up and went to his work, without be.

Examined by pannel's Counsel.-The deed could not be done by the perfon her self; did not observe any old marks of hurtsing at all apprehensive that she was in dans upon her head; fracture may not be followed by immediate effusion, and till effusion take place, a perfon may go about his businefs apparently well; intoxication may have the effect of producing effufion of blood from a fracture, more early than would otherwise happen.

John Dick, furgeon, gave evidence fimi lar in all respects to the preceding witness. Next was read the prifoner's declaration, emitted the day he was apprehended; in it he stated that he had been married to his late wife for fifteen years; that they never had any family; that for many years paft his wife had been extremely addicted to the ufe of fpirituous liquors, and that in order to procure these, she had, at different times, fold the household furniture, his body clothes, and her own clothes, even to her fuift; that at different times he reproved her feverely for her conduct, and has been fo vexed fometimes, that he struck her, but never feverely; that of late the continued to grow worse, instead of better. That on the evening preceding her death, as he was dozing near the fire-place, his wife came in and flipped the fhoes from his feet, and carried them off when he awoke and miffed his fhoes, he was fure it was his wife that had taken them, as fhe had fome time before told him the would do fo; he accord. ingly went in fearch of her, having previ oufly borrowed a pair of fhoes from John Scott, a weaver, who lives above him; after fearching for her through a number of her haunts, he was unable to find her, and returned home, and went to his bed about nine o'clock. Some time after this his wife came in, in a state of intoxication, and fell upon the floor; upon which he got up, and aiked her calmly what the had done with his fhoes, but to this fhe only replied by giving him abusive language; he repeated

October 1810.

ger of dying; there was light in the room when he left it, by which he saw that his wife's face was a little blue under the chin and about the eyes; and he fuppofed fhe might have bruifed her face when the fell upon the bed; he was at this time nearly naked, having no fhift on, as he had no doubt fold it, and the only bed clothes was a coarse sheet. Betwixt ten and eleven o' clock, fome boys came to him, and inform ed him that his wife was dead; he did not return home upon this intelligence, neither did he abfcond, not believing himself guilty of the death of his wife; but next morning, hearing that there was a warrant out against him, he voluntarily furrendered himself. Does not recollect any of his neighbours calling out to him, or knocking on the floor the night of his wife's death; and being again folemnly interrogated, declares, that on the faid night preceding the death of his wife, he only gave her two blows with his open hand, and no more; and he had no intention to hurt her by thefe blows; and he does not believe that he did hurt her, but the might be hurt by the falls the gop owing to her intoxication.

Exculpatory Proof.

Mr H. Miller, furgeon, fw the body of the deceased about 10 o'clock, on the 3d July; examined the body, but not particu larly, not having official authority to do fo faw various marks on the head, but did not think that the blows which occafioned thefe marks could occafion her death; from the appearance of the body in bed, it did not appear to have been laid there fince death; from appearance of effufion of blood, could not fay at what precife time the wound had been given. If, the day before, a person had received a concuffion in the head from a fall, would have attributed death to the fall, and not to the marks which he faw;

wounds

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wounds fometimes appear more formidable after death, arifing from the mortification of wounded parts; intoxication might be the means of producing more early effufion of blood in the brain Body appeared to have been dead an hour or two before he faw it; fhe might have been dead about three o'clock.

Archibald Newbigging, Efq. manufacturer in Glasgow, gave a moft excellent character in all respects to the pannel, who had been employed in his bleachfield for four years.

James McKinnon knew pannel and wife; fhe was the moft paffionate woman he ever faw, and the worst behaved; fhe was much addicted to liquor, and quite raifed and paffionate when in that ftate. She used her hufband very ill, and threatened him often; prifoner often told him that he would leave her, but thought the would get better. Has known the prifoner five years; he is fober and good natured; has feen him fometimes, but not often, the worfe of liquor.

Mr Paterfon deponed, that the prifoner was a fober, quier, and peaceable man; deceafed frequently came to his fhop, afking for money or fpirits; the was generally in toxicated.

Catherine Ritchie knew the prifoner and his wife; faw the deceafed at one o'clock on Sunday morning before her death very drunk; he was with her; faw her fall twice, fhe fell first time on two fteps of the flair, on the right fide; lay till her husband lifted her up, he took her by the arm, but the fwung herself out of his hands, and fell upon the causeway on her back, her husband lifted her again; has feen her very often drunk; lives oppofite the end of the Infirmary; fhe was then fo drunk that fhe could not keep her feet-fhe did not cry, but groaned a little.

John Anderfon deponed, 'hat the deceafed came to his houfe on Monday evening, at ten o'clock, before her death; the afked for fpirits, but he would not give her any, as the feemed quite intoxicated.

John Leitchman faw the deceafed drunk on the Monday before her death, at seven in the morning.

Here the evidence for the pannel clofed. The Jury were most ably addreffed by J. H. Mackenzie. Efq. for the Crown, and by J. Reid, Elq for the pannel; after which the evidence was fummed up by Lord Armadale.

The Jury were inclofed, and brought in a verdic finding him Guilty, by a great plurality of voices; but, in refpect of his former good character and behaviour, they recommended him to mercy.

Friday evening the pannel was brought into Court, and received the awful fentence of death.

He is to be executed on Wednesday the 31ft October, and his body given to the profeffor of anatomy for diffection.

Niel Leven, accused of flealing yarn from his master, and James Buchanan, for ftealing cows, both pleaded guilty. Buchanan and Leven were fentenced to be transported for life.

James Fleming, of Port-Glasgow, accufed of the murder of his wife, pleaded not guilty. After the examination of the deceafed's brother and fifter, and the two me dical gentlemen who had examined the body, the profecutor consented, that the Jury fhould return a verdict of not proven, which they accordingly did this day; and the pannel, after receiving a fuitable exhortation from the Judge, was difmiffed from the bar.

Robert Lang, fenior, and Robert Lang, junior, accused of fhop-breaking, and Mar garet Ferguffon, wife of Lang, fenior, accufed of reset of theft. The libel was reftricted to an arbitrary punishment. They all pleaded guilty. Sentenced to be tranf ported for life.

Robert Jackson, accused of culpable homicide, was next brought to the bar; he pled not guilty, and the Court proceeded to the examination of witneffes. The accident, according to his former declaration, happened in the month of August laft, in confequence of his stopping to fettle fome arrears at the Cowcaddens toll bar, until his horse and cart (which was loaded with logs of timber) had advanced towards Glafgow, about 40 yards before him, where, unfortunately, Flora M'Millan, an old woman of 87 years of age, very deaf, and near ly blind, was knocked down by the end of one of the logs, after which the cart went over her body, in confequence of which the died in about a quarter of an hour. The Jury returned a verdict, finding him guilty of the crime libelled; but, on account of his good character, and other favourable circumftances, ftrongly recommended him to the clemency of the Court. Sentenced to be imprifoned one month.

Sinclair Baird was next brought into Cou.t, charged with ftealing corton cloth from Napierfton-field, near Bonhill She pled guilty. She was fentenced to 14 years transportation.

Margaret Inglis, alias Catherine Wilfon, and Janet Inglis, alias Kidd, alias Allan, were next brought to the bar, accused of ftealing five pieces of lace, value L.14 of upwards, from the shop of W. McLaren haberdashes

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haberdather in Trongate, Glasgow, on the night of the 21ft Auguft laft. The pannels both pled not guilty. The Jury being fworn in, and the Judge finding the libel relevant to infer the pains of law, the Court proceeded in the examination of witneffes. It appeared in evidence, that the pannels had called at Mr M'Laren's shop, where, after looking at various pieces of lace, they purchased a yard, and went away. hop-boy, having entertained fufpicions, was advised to follow them, which he did, and, on their being overtaken, one of them gave him an umbrella, and they both returned with him to the shop-part of the lace miff ing was found in the umbrella. Both were found guilty, and fentenced to 14 years tranfportation.

The

James Gallocher and Henry Gallocher, were next brought into the Court, accufed of mobbing and affaulting in the village of Pollock (haws, in the month of July laft. The pannels both pled not guilty. They were both found guilty-James Gallocher was fentenced to one year's imprisonment in Paifley jail, and to find security of 1.50. for his good behaviour for two years. Henry Gallocher fix months imprisonment, and to find fecurity for his good behaviour for two years, under the penalty of L. 30.

Agnes Baird and Helen Manfon or Mackenzie, accufed, the former of getting out work from warehouses in Paifley under false names, and the latter of exciting her to the crime, and of refetting the goods. After feveral witneffes were examined, the Jury were inclofed, who returned a verdict finding Baird guilty, and Manson not guilty. Baird was fentenced to two years imprisonment in Bridewell.

SOUTHERN,

Lord Hermand, Judge. There was no criminal bufinefs at Jedburgh.

The Court was opened at Dumfries on the 11th September, and the following trials took place :

James Houston, accused of forgery. The Advocate Depute having restricted the libel to an arbitrary punishment, Houston was found guilty on his own confeffion, and fentenced to transportation beyond feas for feven years.

William Richmond, accused of housebreaking and theft, was found guilty of the theft, and fentenced to traniportation for fourteen years.

Thomas Thomson, accused of the crimes of hamefucken and violent affault, confeffed the affault, and the Advocate Depute hay

ing restricted the libel, he was fentenced to one year's imprisonment in Dumfries jail, and bound over to keep the peace for three years.

No criminal bufinefs came before the Court at Ayr.

NORTHERN,

Lord Justice-Clerk, Judge.

The Court met at Aberdeen on the 21ft of September.

Alexander Kinnaird, from Macduff, accufed of fraud and perjury, in fo far as he, having inlifted in the royal artillery, and being fent to Woolwich in the month of July laft, was there infpected and found unfit for fervice, rejected, and discharged, on account of being affected with a rupture. In confequence of which, he returned to Banff, and these, with the view of obtaining a high private bounty of L. 45 fterling. (befides the public bounty of L.10. 10s) from a perfon ballotted for the 10th, or Banff and Inverness regiment of militia, did fraudulently swear, before a Juftice of the Peace, that he was affected with no rupture or other complaint, and having been thereupon inrolled to ferve in faid militia, he received the bounty before mentioned. Kinnaird was found guilty by the Jury, upon his own confeffion.-He was fentenced to fix months imprisonment in the tolbooth of Banff, and to ftand on the pillory, with a label on his breast, with this infcription, "For Fraud and Perjury.'

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David Grant, in Clods of Darnford, parish of Durris, indicted for sheep-stealing, was unanimously found not guilty by the Jury, and thereupon was affoilzied fimpliciter, and difmiffed from the bar.

The Court was opened at Inverness on the 27th of September.

Alexander Gillan, from the parish of Speymouth, county of Elgin, indicted for rape and murder, committed on the body of Elfpet Lamb, daughter of John Lamb, in Nether Newton, a girl under eleven years of age, was found guilty by an unanimous verdict of the Jury, and fentenced to be executed on the 14th of November next, near the spot where the body of the faid Elfpet Lamb was found ravihed and murdered, and his body to be afterwards hung in chains. This was one of the most atrocious cafes that ever came before a Court. The libel charges that the pannel having obferved the fad Elfpet Lamb go ing towards the faid muir to herd her fa ther's cattle, on the morning of Sunday the 8th of Aprit laft, he followed her, and did wickedly affault her, and did ravish ner

against her will; and, after having committed this violent and atrocious crime, he did barbarously murder the faid Elfpet Lamb, and beat our her brains, with an oak ftiek, and with two large stones.

Alexander M'Donald, for fheep stealing, was convicted on his own confeffion; and the libel being reftricted to an arbitrary panishment, he was fentenced to fourteen years transportation.

Fanny Manfon, indicted for child murder, or concealing her pregnancy, in terms of the late ftatute, was found convicted of the latter charge, and fentenced to one year's imprifonment in the tolbooth of

Tain.

Robert Frafer and Alexander Fraser, té

nants in Craigdow, indicted for stealing timber, which had been left by the river Beauly, on their farm, while in the courfe of being floated down faid river, were convicted, and fentenced to pay a fine of 301., and to be imprisoned for fix months in the jail of Invernefs.

George Hay, late fervant to Lord Seaforth, accused of opening lockfast places in the Caftle of Brahan, and flealing therefrom a great variety of articles, the property of his Lordship, was convicted on his own confession, and fentenced to feven years transportation.

Elfpet Hoyes, alias Auftie, from Forres, indicted for varions acts of houfe-breaking and theft, was convicted, and the indict ment having been restricted, fhe was fentenced to ftand on the pillory at Elgin, with a label on her breast with this instripsion, Notorious Thief," to be imprifoned one year in the jail of Elgin, and thereafter banished Scotland for life.

Hobel Hofack, Margaret Shand, and Ifobel Strachan, all from Fochabers, accufed of refetting the goods ftolen by Elfpet Hoyes, knowing them to be ftolen, were allo convided, and fentenced to stand on the pillory at Elgin, and thereafter banished for life.-Ann Philp, for the like offence, but in a leffer degree, was ordained to be imprisoned in the jail of Elgin for the fpace of three months.

Alexander Grigor, from Elgin, for theft, was difmiffed on account of an irregularity in ferving the indictment.

Lord Meadowbank, Judge.

On the 3d October, at Perth, the Circuit Court of Jufticiary was opened, and pro ceeded to the trial of Alexander Dewar, Duncan Menzies, James McDonald, Wil Jiam M'Gregor, Donald and Robert Dewar, James Cameron, and James M'Gregor, from Appindull, for a deforcement of Mr

Malcolm, supervisor of Excise in Perth, is
May laft.

The Advocate-Depute deferted the diet against the four laft; and the remaining four pleaded guilty to the charge in the indictment.

The Jury being inclosed, returned their verdict, finding the pannels Guilty, by their own confeffion, and the Judge de layed pronouncing fentence till this morn ning, when he adjudged that each of the prifoners fhould pay a fine of L.50, and be imprisoned for four months.

The Court then entered on the trial af Margaret Robertson, daughter of the late

Robertfon, furgeon in Crail, far the murder of her mother, by adminifter. ing poison to her on the 2d of July lait.

Several witneffes were examined, all of whom declared that the pannel laboured under a mental derangement at the time the crime was committed,

The Jury found her guilty of having administered the poifon, but at the time the was in fuch a state of mind as to be in

capable of judging of her conduct, and of courfe not refponfible for it. She was therefore assoilzied simpliciter from the charge, but was ordered to be confined by her friends, to fecure herself and others from the effects of a relapse.

The Court then proceeded to the trial of William and Catharine Fergus, for the deforcement of William Panton, officer of Excile, by preventing him and three cooftables from carrying away two horles, which they had taken poffeffion of, in exe cuting a poinding on a decreet for L-50, obtained against William Forgan, in name of fine, for illegally retailing aquavitæ, and for deforcing the officers of revenue, when attempting to feize the faid aquavitæ

An exception was flated, that the charge of deforcement for refifting the poinding of horses, during feed time, unless there were no other goods to be found, was ifrelevant, as fuch poinding was illegal, by act 1503, c. 98. A doubt occurring how far this old ftature was applicable in the cafe of a diftrefs levied for a fire impofed by the laws of revenue relative to Excife, the Judge has certified the case to the High Court of Jufliciary.

The Court were employed, next day, in the trial of Alexander M-Ifaac and Alex ander M'Laren, for a deforcement of cer tain meffengers at arms, &c.; who were found guilty, and the former fentenced to one month, and the latter to two mouth imprisonment.

MAGISTRATES OF EDINBURGH.

The Right Hon. WILLIAM CALDER,
Lord Provoft, re-elected.
Baillies.

George White, Efq.
Abram Newton, Efq.
James Spittal, Efq.
William Henderson, Efq.

Dean of Guild-William Tennant, Efq. re-
elected.
Treasurer
ed.

John Turnbull, Efq. re-elect

Old Provost-Archibald C. Younger, Efq. Old Bailies-George Goldie, Efq. Kincaid Mackenzie, Efq. James Robertson, Efq and Robert Smith, Efq.

Old Dean of Guild-John Waugh, Efq.
Old Treasurer and College Treasurer-
Peter Hill, Efq.

Merchant Councillors-Meffrs Niel Ryrie,
Robert Johnston, and Alexander Hender-
fon.
Trades Councillors-Andrew Gairdner, and
Adam Anderfon.

Ordinary Council Deacons-James Den-
holm, Convener; William Auld, David
Lindsay, John Dickson, Frederick Mac-
Lagan, and William Paterfon.
Extraordinary Council Deacons Alexander
Gillespie, William Kennedy, James Innes,
James Brown, William Galloway, An-
drew Wilfon, John James, and James
Thomfon.

Admiral of Leith-Kincaid Mackenzie, Efq.

Baron Baillie of the regality of Canongate, and barony of Calton-James Robertson, Efq.

ty, about the fize of life, caft in bronze. The statue is admirably well executed, and prefents a very ftriking youthful likeness of the King, dreffed in the Roman coftume. Although it is at present unknown from whence this admirable piece of workmanship came, by whom it was made, or to whom it belongs, this cannot remain a fecret long. We trust, however, that it will remain as an ornament in fome public place in this city.

Magiftrates, and Council, appointed James On the 17th October, the Lord Provost, City Affeflors, in room of William Fraser L'Amy, Efq. advocate, to be one of the Tytler, Efq. refigned; and likewife appointed Mr Andrew Gairdner to be Super

intendant of Water, in room of Mr Edward Robertion, refigned.

BIRTHS.

AUG. 21. At Roffie Cafle, Mrs Wm. Ellice, a daughter.

SEPT. 16. At Edinburgh, the Lady of Captain Stewart of Stenton, a fon.

18. At Grovehill, the Lady of Archibald Little, Efq. a fon.

At Lady Don's, George Square, the Lady of Captain Folliott Baugh, R. N. a fon.

Bafinghall-ftreet, London, a daughter. 19. The Lady of William Innes, Efq. of 20. In Gower-street, London, Mrs Stein, a daughter.

At Glafgow, the wife of James Scott, a private foldier in the Stirlingshire militia, mother, are all likely to do well. of one boy and two girls, who, with the

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At Morebattle Manse, Mrs Gordon, a daughter.

21. At Conan Houfe, the Lady of Sir Hector M'Kenzie of Gairloch, Bart. a still

Baron Bailie of Eafter and Wefter Portf
burgh-Robert Smith, Efq.
Captain of Orange Colours-Niel Ryrie, born child.
Efq.

On Tuesday the 16th October, a very Angular difcovery was made in one of our churches. Some years ago a cheft, without any addrefs, but of enormous weight, was removed from the old weigh-house at Leith, and lodged in the outer aifle of the Old Church This box had lain for upwards of 30 years in Leith, and feveral years in Edinburgh, without a claimant, and, what is ftill more extraordinary, without any one ever having had the curiofity to examine it. On Tuesday, however, fome gentlemen connected with the town, cansed the myfterious box to be opened, and, to their furprife and gratification, they found it contained a most beautiful ftatue of his Majef

22. At Strathmartin, Mrs Wm. Laird, a daughter.

ter.

Mrs Callander of Craigforth, a daugh .

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