Star. — London, England, 1826-09-27 00:00:00

FATAL DUEL AT KIRKCALDY. CIRCUIT COURT OF JUSTICIARY; Piaui, Sat. 22. This trial having excited the greatest possible into rest, the Court was crowded at a very early hour, and they considered themselves fortunate who could gain an admission upon any terms. Tie Court having met,—Hon. Lord Gillies on the Bench,—the case of his Majesty's Advocate against David Landale, merchant in Kirkcaldy, was called., Mr. Landale, who was at large since the unfortunate rencontre, appeared and took his place at the bar, sup ported by Provost Hadden, of Aberdeen, Mr. Molly penny, of the Customs, and Messrs. Spears, sen. and jun. of Kirkcaldy. The criminal letters were then read, charging the said D. Landale with the crime of mur der, in so far as he did on the 2'2d of August last, wick- , edly and maliciously challenge George Morgan, jun. then agent for the Bank of Scotland, in Kirkcaldy; and on the 2.3 d of same, on the farm of Cardenbarns, parish of Auchterderran, and county of Fife, wickedly and ma liciously discharge at the said George Morgan, a pistol loaded with ball, whereby the said George Morgan was mortally wounded. Mr. Landale pleaded Not Guilty. Mr. H. COCKBURN, for the prisoner said, that al though he admitted the relevancy of the indictment, he considered it to be his duty to state that it WAS not cal culated to put the Jury in possession of the whole facts of the case, which it was necessary they should be more particularly acquainted with, to enable them to give a proper verdict. Mr. Landale, the panel, wasa merchant in Kirkcaldy, where his reputation as a mercantile man was of the first description t and this was of most ma terial importance to the decision of the case. Of this the most satisfactory evidence would be found, were it ne cessary to prove it, in the very letters of the deceased. He (Mr. Morgan), on whose ashes he would tread as lightly as possible, was agent for the Bank of Scotland in Kit kcaldy, and, as such, he need not say it was his duty to preserve inviolable secresy with regard to all matters intrusted to him. Such was the situation held by the man now no more, when he committed that error which led to the melancholy catastrophe of which they were now to judge. How did Mr. Morgan conduct himself towards the prisoner ? Did he not disclose the panel's most private transactions, and that in a manner that it shook his credit with all?—even his olde,t friends were affected by it, and in some instances withdrew their countenance. Under these circumstances, Mr. Landale wrote to the Bank, complaing of that conduct. The Bank, whether rightly or not he would not pretend to say, communicated that letter to Mr. Morgan, who, as agent for the Bank only had been complained of, wrote a letter, accusing the prisoner of " falsehood and calumny." This letter was couched in language seemingly framed for the very purpose of provoking a duel, and to prevent misconception he signed it, not as agent for the Bank, but " George Morgan, Lieutenant, half pay 77th Foot." Se►eral other notes passed between the parties, and the result of all was an attempt, s hich succeeded but too well, on the part of the deceased, to compel the.ptisoner to send a challenge. This vias done deliberately, for he took advice, he having been informed that the challenger, on trial, was certain of banishment, therefore he (Mr. Morgan) must maaage to get the pri soner to give the challenge: This advice he followed, and caused it to be circulated that be intended to insult Mr. Lar.dale in the street. Being aware of what would follow, he Rut his pistols in order, and cast balls, and this too before any meeting took place or challenge was given. In a few days the deceased did meet Mr. Lan dale, and made his threat good, for, without warning, or immediate provocation, he struck the prisoner. A challenge followed ; it could not then be avoided. But the moderation and good temper of the prisoner did not even here leave him ; for prior to the meeting, on the way to the field, when placed in that situation where a man's conduct is most liable to misconstruction, he had still courage, and it required courage, to say that he would accept of an apology. But that offer was de clined by the deceased, not by his second for him, but by the man who struck the prisoner for the purpose of provoking a duel. No alternative remained ; the parties met, they fired, and Mr. Morgan ceased to live. Such were the facts of the case, such had been the conduct of the prisoner, and upon that conduct they were now called upon to judge. Special defences were given in for Mr. Landale to the following effect The defender admits generally that he had a quarrel with Mr. George Morgan, the result of which be sin cerely laments; but Mr. Morgan brought that quarrel, and all its consequences, upon himself. He was the Agent of the Bank with which the defender had for a long course of years transacted his most confidential business, and was bound, especially in a period of mer cantile alarm, to preserve the most scrupulous secresy with respect to the circumstances and credit of an em ployer who trusted to his honour. But instead of this, being of a rash and quarrelsome habit, he not only spoke of the defender's affairs to strangers, but attempted to ruin his credit by statements and insinuations which he was not called upon to make, and which he knew, or ought to have known, were utterly groundless. Oa discovering this, the defender wrote to his constituents in terms which he conceived, and still humbly con ceives, were fully warranted by the facts. Upon this,' Mr. Morgan formed the deliberate determination, con- 1 trary to the advice of his friends, to assault the de fender ; and, after a pause which was more than suffi cient to shew him the atrocity of that proceeding, and to set its necessary consequences fully before him, he carried this resolution into effect, by striking his ad versary on the public street. This left the defender no course but one to follow; but to the very last he was always willing to accept of an apology, which was going further towards a reconciliation than most men an the defender's situation would have thought proper or safe. Even this very moderate satisfaction, however, was refused; after which, if Mr. Morgan fell by the bands of the defender, this was a catastrophe for which be had himself alone to blame. • The following witnesses were then called Mr. William Millie, mabufacturer in Patb-head.—l know the prisoner; I knew Mr. Morgan; I received a letter from the prisoner on the 22d of August, contain it% a challenge: it was in these words- 6 4 Mr. Morgan has just now struck me with his umbrella, in passing Mr. Cumming's shop. I merely called him a cowardly rascal, and left him There is no alternative left me bat to challenge him, which I have long made tip my mind to, and enclose one that you may deliver immediately with all secmy for my honour." I went to Kirkcaldy and delivered the challenge to Mr. Morgan; he said, Ge Certainly, by all means." Mr. Morgan said, there need be no delay, as his pistols were provided and ready. He (Mr. Morgan) took them from under a table and placed them before me. The same evening Lieutenant Milne called on me; he came on the part of Mr. Mot gan, requesting a meeting in the evening, to which I preed, and met him accordingly. Some discussion took ace as to the place of meeting, inconsequence of which I left Milne underithe convictiop that the parties would meet at the time and place stated. I then went to Mr. Landale and arranged for the meeting. I called on Mr. Landale next morning at balf-past five. A carriage was in the neighbourhood, into which Mr. Landale, Mr. Smith, a surgeon, and I entered; we then proceeded to Vie place of meeting, where were Mr. Morgan and Lieutenant Milne. Having got into the field, I asked Lieutenant Milne if he had any communication to make by way of apology ;.Mr. Morgan hearing this, called opt, " No apology ;" so far as 1 heard, Mr. Landale did not use similar expressions. The parties then took their ground. Just as they had taken it, Dr. Johnson came running from the wood, and begged them to stop. I explained the matter, and he retired. The pistols were then given to the principals, and I explained that the word was to be, a Gentlemen, are you ready ? Fire!" —At the word " Fire," the parties were to raise their pistols. The word was then given. Mr. Morgan raised his pistol at the word " ready ; I called out " Mr. Mor gan, that is not fair•-•:-drop your pistol till the word fire' is given." Mr. Morgan lowered his pistol ; the word being again given, both raised their pistols toge ther, and fired so exactly together, that I was not con scious of hearing two s'icrs. Mr. Morgan, on receiving Mr. Landale's shot, did not fall immediately. He stood some seconds, then fell, and died instantly. The panel and I immediately quitted the ground. Cron-examined by Mr. „keener—l am aware that Mr. Landale received intimation, four or five days before, that he would be struck by Mr. Morgan. Mr. Landale told me that if so, he could not Mild challenging Mr. Morgan. Whrn on my way to meet Milne fit the evening, I called on Mr. Landale, and informed him of what had passed with Mr. Milne in the forenoon ; Mr. Landale audio ! rimed me to receive a written apology; but Mr. Milne said that Mr. Morgan would make no apology; but on his way to the ground I observed that I meant to ask Lieutenant Milne whether be had authority to make an apology? Mr. Landale acceded to this, and said that a verbal apology on the field would do, if Mr. Morgan would cOmMit it to writing afterwards, u that all he wished was satisfaction for the injury received. Lieut. Milne ' R.N.—I was acquainted with the late Mr. Morgan. At four o'clock, on the 22d of August, he came to me in a post.chaise. Mr. Morgan said he had a quarrel with the prisoner, and would be glad if I would arrange the business. It agreed to go : when on the road, Mr. Morgan explained the circumstances, but diJ not mention till we reached Kirkcaldy that he had struck the prisoner; on this I had great objections to be Mr. Morgan's second, and expressed my disap probation of his conduct ; Mr. Morgan intreated me, as a brother Officer, and I agreed, in hope of getting I matters amicably arranged ; proposed to Mr. Morgan to make an apology conditionally, but that he refused. Mr. Morgan desired me to go to Mr. Millie ; I went ; Mr. Millie seemed anxious to have the matter made up. As I had got into the business so hurriedly, I had no time to consider of it, and therefore requested Mr. Millie to call in the evening; he did so. I then pro posed that, " on the supposition the parties were equally wrong, the parties should meet half-way, and shake hands." This was declined. Next morning the pasties met on the ground, at twelve paces, and they were each supplied with a pistol. He then asked if they were ready ? to which both said " Yes." He then called cot deliberately, "present—fire." They both fired, and the report of their pistols appeared like the report of one. The moment after, he heard a kind of groan, and, looking round to Mr. Morgan, (his eye had been pre viously fixed on Mr. Landale), found he had fallen. He concluded immediately that his friend was killed, and, going up, found his fears were realised. Examined by Mr. Jarrazr—Mr. Landale took co aim; every thing was quite fair. Mr. James Cumming, bookseller, Kirkcaldy—l am acquainted with the parties. The day before the duel, Mr. Morgan came into my shop, and after a little con versation, Mr. Landale passed the door ; Mr. Morgan immediately went out and struck Mr. Landale a blow over the shoulders with his umbrella, saying— " Take that, Sir." No quarrelling took place immedi ately previous. Mr. Landale came into the shop and said, "I trust you observed what passed." Mr. Morgan then popped his head in at the door and said, " By G —n, Sir, you shall have more of it." Mr. Landale then went out, and in less than two minutes Mr. Morgan returned and said, " By G—D, James,l have never told you of the shocking usage Mr. Landale has given me and my brother ; but just hear this letter." I replied, a It is nothing to me what your usage has been ; but what you have done just now is wrong." William Todd, blacksmith in Kirkcaldy, was sent for by Mr. Morgan about a fortnight before the duel, to take a ramrod out of his pistol; received also orders to make a number of bullets to fit the pistols. I made 33 bullets for him. Dr. Johnson saw Mr. Morgan the night before the duel, and was asked by him to be at Torben next morn ing by six; I went, and found the parties there, with their seconds. I recommended, if possible, to try to effect an arrangement; this not being done, I retired. I heard one shot, and my name being called I went up. and found Morgan on the ground, but alive. A shot had passed through his body, entering on the right side, and coming out on the left side. Dr. Smith, of Kirkcaldy—l accompanied Mr. Landale to the field. I heard a shot, and saw Morgan fall. He died within a few seconds. The wound was the cause of death. Cress-examined—l heard Mr. Landale say he would receive a verbal apology, if afterwards reduced to writing. Mr. Landale appeared to have no object but to repair the injury his character had sustained.—This closed the evidence for the prosecution. The following witnesses were called for the defence: Mr. James Fleming merchant and accountant in Kirkcaldy. — l am well acquainted with Mr. Morgan. Saw two letters from Morgan to Landale (one of which he recognized in Court), deceased said he was dissatis fied with a letter received from Mr. Landale respecting some differences about the Bank. He told me, that in consequence of a second eiosive letter, he should put his cane across Mr; Landale's shoulders the first time they . met. He also said that he intended to challenge him, but was afraid to give the challenge, as he understood that by law a challenger was liable to transportation— he would therefore take the other course, that of insult ing him. I had once or twice some confidential conver sation with Mr. Morgan respecting Mr. Landale, about a 5,0001. cash account granted by the Bank to Mr. Landale, and something about a loan of 3,0001. wished to be raised by Mr. Landale. Robert Stocks, Esq. of Abden.—l am well acquainted with Mr. Landale, and have been so for twenty-five years. I consider him a most orderly and correct Gen tleman, and never found him disposed to quarrel. Some months before the duel, I had a conversation with Mr. Morgan about a cash credit Mr. Landale had obtained from the Bank of 5,00 W. Mr. Morgan spoke of Mr. Landale having attempted to raise other loans, particu larly on a bleach-field. This was a voluntary commu nication. Mr. Morgan continued to say, a I wish all may be well with Mr. Landale." This excited suspicions .in my mind which did not exist before, as to Mr. Lan dale's solvency and credip In consequence of this cons.' munication, I caused I,OOW. to be taken up from Mr. Landale, which belonged to my brother's family. Gavin Madden, Rsq. Provost of Aberdeen, had been long ac quainted with Mr. Landale, and found him a man of the greatest probity andionour, of Mild and gentle manners, and most unlikely to provoke quarrels. Walter Fergus, Esq. of Stratnore, late Provost of Kirkcaldy, bad known Mr. Landale from his infancy; esteemedlhim as a man of strict honour, and every way a Gentleman. He associated with him all his life, and scarcely knew his temper ruffled. There had been ru mours against Mr. Landale's credit these two or three months past ; before that it was quite unimpeached. Mr. Mooypeuny, of the Custom-boase, Kirkcaldy, has had *union to know Mr. Lands'. as a Gentleman of much mildness and honourable feeling. Mr. Bennet, one of the Secretaries of the Bank of Scotland, iden tified a letter received from Messrs. Morgan by the Bank of Scot land. The letter recommended Mr. Landale as a Gentleman of undoubted credit and usefulness as a merchant and manufacturer; considered his business as a desirable object! Mr. Woos then addressed the Jury for the Crown. Mr. JEFFREY made an eloquent and elaborate defence for his client. That the bare fact of taking away life in a duel constituted murder he would deny. He denied that it could be law, in so far as it was inconsistent with the views and opinions of the strictest moralists, with the law itself, and no less so with the practice of the law. On the contrary, it was a remedy for injuries for which law tribunals could afro: dno redress. It was no doubt a lamentable remedy for those who became its victims, but it was viewed as a comparatively tight one in the practice of the law. While tl'e more honorable and refi ,ed species of feelings exist in the bosom, quarrels and griev ances will sometimes nolo, innately ensue, which no law is calculated to redress, and under which no man could find existence tolerable. In history we find, that during the ages of barbarism such feelings gave rise to cruel feuds and assassinations, and were greatly to be depre cated. In our more cultivated and enlightened days it was seldom, except in cases of peremptory necessity, that decision of differences by shedding blood was resot ted to; and then it was conducted generally with such frankness, openness, and gallantry, as to do away in a great degree that imputation of malice which is necessary to consti tute the positive crime of•murder. The law against it had been abrogated, in practice at least, and indeed it was no longer. At one time it might: in the 14th and 15th centuries, from the romantic spirit of chivalry which prevailed, rencontres of the kind were so frequent and common, that almost every State in Europe framed statutes for its suppression. But the practice of duelling was now remarkably rare. During the reign of his late Majesty, not more than 200 authenticated duels had taken place in England, Scotland, and Ireland; for, these, only from twenty to twenty-three trials had been instituted, and not one conviction had ensued, except in a very few instances, in which it evidently appeared that the practice was abused by making a challenge a pretext for accomplishing murderous purposes. During the last 150 years, not one conviction had taken place in Scotland. Now our blood was not colder, nor our sense of honour more obtuse, than than that of our neigh bours ; but the reason was, that the investigations uni formly terminated in the developement of circumstances rather honourable than otherwise to the survivors.— They were therefore acquitted. Thus far he had en larged as to the practice of the law ; he should again refer to the subject as it affected morality. He *as able to adduce the opinion not only of the strictest mo ralists, but even of men no less eminent for piety, in vindication of the practice in a moral point of view.—. He would enumerate Dr. Johnson, the greatest moralist of his age, • and equally remarkable for his religious austerity and strict sense of propriety—Lord Kaimes, whose authority and reasoning on such subjects could scarcely be called in question, and who had said that injuries will be inflicted and sustained which, till human opinion be altered, no law Can redress ; and in which the injured party is justified in having recourse to chal lenge for reparation to his wounded feelings—Dr. A. Ferguson, whose conduct uniformly comported with pure religion and strict moral principle; who was ap pointed to the ethical chair, for the purpose of forming the minds and morals of the young, and rendering them the ornaments of society. All these distinguished individuals held the same opinions. The inference of the murder in such cases was quite irreconcileable alike with the fundamental and improved principles of law. An act committed out of necessity, from force, from intimidation, or under mental aberration, could not be construed as a crime. Unless the facts could convince the Jury that the deed was maliciously committed, it was of no consequence what his Learned Friend oppo site might denominate law. Neither was it enough that theevidence might bear out his individual notions of law, but it must be such evidence as could satisfy the Jury. It was ridiculous to say that the law constituted the crime, and that the fact implied malice; it was evi dence of malice only that confirm the fact, and render it criminal. He had spoken of the paucity of convic- Itions; and he could assure them, that it was not on account of the ignorance of Juries, or their disqua lifications to discriminate, that this had arisen. Juries on cases of duelling, in this country, had been composed of men rather of superior intellect. • The practice of the law, therefore, notwithstanding the doctrines of Judges or men of law, had been universally established by intelligent, discriminating, and consci entious men, in opposition to the principle laid down, that killing in a duel inferred murder, unless accom panied by circumstances proving deadly malice. The Learned Gentleman then quoted several instances, from I that of Glengarry, in 1798, down to the affair between Mr. Stuart of Damon, and Sir A. Boswell, in 1822. In all these cases the survivors were acquitted, and in most of them by the recommendation of the Judges. In one of these, the present Lord President had said, " Juries have formerly exercised their discretion, so may you, and find a similar verdict, if you see cause from the circumstances." He would call upon the Jury to give this the weight it was entitled to : this was not the opinion of a panel's counsel, expressed in a pleading from the bar, but the recommendation of a Judge from the bench. Lord GuLtas.—Geutlemen of the Jury,—l shall say little to you on this occasion, not because I think it an unimportant case, but because so respectable a Jury as I now see before me can need little aid front me. I may say, that nothing I mean at present to address to you is intended to weaken the effect of 'what you have just heard from the Counsel for the panel. Here we have nothing to do with the laws of honour; we have to con sult the law of the land only, but that law is a law of reason, and liberally accommodated to human feelings. The general rule of the law is, that tilling in a duel is murder ; but that admits of qualifications, and I con sider th_u s the panel at the bar is within the qualified rule of the IBC You cannot yet have forgotten, Gentlemen —if you can ever forget it—the opening statement so powerfully made for the prisoner; and here I am bound to say, that in no case which ever came under my ob servation could less blunt be attached to the survivor in a duel, than in that of which the facts are now before you. The character you have heard testified to, by so many respectable and intelligent Gentlemen this day, is as high as is possible for man to receive; and I consi der that throughout this affair the panel bas acted op to it. His whole demeanour has been manly, temperate, and fair. Mr. Landale did not challenge on receiving the first insulting letter, not thinking the laws of honour applicable in such a case; but his antagonist thought differently, and evidently forced on the duel. In all the four cases mentioned by Mr. Jeffrey, the juries acquitted the survivors, although in all these the tact of killing in duel was clearly proved or admitted. The defence made at each of these cases I think was, that a mali cious purpose ought to be clearly proved ; and so it is laid hire in four different parts of the indictment, but in no instance has that been substantiated. . You have clear and undeniable evidence of the reluctance of the panel to fight,' and that his great and sole object was the reparation of his honour and character. It has been said, indeed, that from the fact of killing, the law pre sumes malice; ►ut this is a presumption which may be rebutted by evidence, and of the sulEciencrof that evi. dente, in that case, you, Gentlemen, must be the jade'. The great provocation endured was another alleviating point.'., The insult_snstainecl led to the contempt and scorn of the world ; the provocation was permanent and continuous; and the wound thereby caused, the lapse of time would only at.gtnent and render more intolera ble. I will not trouble you fat tber than to say, that in all the cases quoted, if the Jut ies were just and reason- Able in acquitting the prisoners, I do not see how the panel at this bir can justly and reasonably be condemned. Gentle ' mar, this is all I base to say. If you think this case falls under the general rule, you may convict ; if you think it falls under the milder construction adopted by former Juries, you will return a verdict of not guilty. The Jury, without retiring, immediately and unanltn6usly found the panel Not Gnilly. His Lordship congratulated Mr. Landale on the result of the trial, and expressed much pleasure in the duty which now devolved upon him, of dismissing him front the bar with a character so Ito , 'numbly and unsullied. NAVAL INTELLIGENCE. EAST INDIA SHIPPING. The Lady East, TA , from Bombay, has arrived eR Ports mouth—the left Bombay 9th April, Alipee 20th ditto, Mauritius 21st June, and St. Helena 7th August. Passengers per Lady East —Col. and Mrs. Hodgson and son, Bombay Artillery ; Mr. and Mrs. Wilson; Capt. Gibbins, died at sea 13th April; Mrs.Gibbins and daughter; Mrs. E. and Miss Malcolm ; Mrs. and Maser New. stun; Mrs. Lavie, died at sea 17th August; Mrs. and Miss Smith, Miss Young, Mrs. Foord, Miss Hopwood, Miss Macintosh, Mae. ter Barton ; R. Eden. Esq. Madras Civil Service; hlr. Smart ; Lieut. C. Watkins, Bombay Establishment ; lAent. Cochrane, his Majesty's 4th Dragoons; Ensign Dumaresque, his Majesty's 6th ditto, died at sea 27th July. Passengers per Elizabeth, front the Mauritius, daily expected— Charles Saunders, Esq. and family. Information has bee.' received that the Captain of the private ship Lady M'Naghten, which was at Helena 7th August, reports that he left Saugor Ro ads sth May, and that the East India Com pany's ships Berwickshire and Thames had arrived there. The East India Company's ship Charles Grant, homeward bound, arrived at St. Helena 4th August. The Lady MsNaghten, on the 32 of Jose, fell in with the country ship Cordory, Norma, from New South Wales, in distress, having only one day's provision left, and sup. plied her with the needful, and five bags of cargo rice. The Windsor Castle, from Bombay to London, pot late the Mauritius, and was condemned. previous to the 19th June. The cargo was to be transshipped into the Prince Regent, LAMB. The following ships have arrived at Bombay up to the Ist June: —Norfolk, Gam, from Calcutta ; Thomas Coutts, 81 days front the Lizard; Upton Castle, THACICHIL from Bengal; Darius, Bowes, front London ; Riphinstone , 11P Lau ; Duchess of Athol, and Lord Lowther, from Sc. Helena; and Mary Ann, hi‘Dos sax, from Bengal . The Hatton, °swam, from Newcastle to the Baltic, was in a dangerous situation of Falkenburgh the 14th lust. and the Matter bad applied to the Diving Company fee assistance. The Thomas, Wa amulet, has been hove down, and will be ready for sea in about ten days —The Glasgow, Nair, from Dantsic to Leith. has put into Christiansand, and must discharge.—The Aurora, Waved's, from Rostock to London, struck in going into Gottenburgh; being leaky, would be discharg ed. FALMOUTH, Sam 25.—Wind S.S.B. to S.S. W.—ArriVed the Sedulous. Moavimea, from Hamhurgh. Pcymourn, Sam 25.—Wind S.—Arrived the Competitor, JAcesoo, from Virginia. Porrutourn, San. 26.— Wind S . W. to W . S.W.—Arrived the Asia, STrIMISON, from Bombay—left the 18th June, and St. He lena 19th August. Passed the Bike, Dnow, from Bengal to Lon don, 19th July, in ht. t 2 25 S. long. 72 50 E. August 29, cite Mary, from the Isle of Prance to London, out 6i days, in lat. 0 40 N. long. 21 28 W. had on board part of the passengers of the Windsor Cutle, which ship had been condemned at the Maurkius. August 30, passed the Grecian, Boner, from Bombay to Liver pool, in lat. 2 53 N. long. 22 23 W. The Neptune, Cussazaiatoz, left St. Helena twelve hours before the Ash.--Parsed by, the John, Dom, from Van Diernan's Land. Dam" Sm. 26.—Wind S.W.—Arrived and railed for the Ri ver, the Lady East, —. from Bengal; Charles, Midis, from Tobago; and many others, names unknown. Arrived from the River, and remain, the Mellish, Vomiter, for Madras and Bengal; Argo, Tart.oz, for Trieste; Braddock, --, for America; and the John Bainbridge, Mom., for Cape Breton. Also arrived, the Henry Porcher, Aloorr, from China and St. Helena ; Black River packet, from Jamaica; Sarah Muon, Wane, from St. Vincent's • Indemnity, WOODALL,* and Jessie, from Demerara; an d Swift, Prez, from Gijon. Micron's, Sam 25.—Wind &K—Arrived his Majesty's ship Dumont, from Lisbon and Madeira, having in tow the Frances Mary, from St. John's (N. B.) fallen in with last Mirth. in lat. 57. long. 32. waterlogged, and without any person on board. CANTERBURY, SEPT. W.—Yesterday Charles Hughes was convicted before the Justices of the Home Division, of stealing apples in an orchard of Sir Edward Hales, Barr. arid was sentenced to one month's imprisonment and hard labour in the House of Correction at St. Aug astine's.—Between three and four o'clock yesterday morning, an alarming fire !stoke out on the premi,es of Lieut. General Sir Henry Montresor, at Denne-hill, which, by the •ery great exertions of Sir Henry and his domestics, with the timely arrival of the Economic, Kent, and Norwich engines, was confined to the library, and part of the flooring of the drawing room above. HAYMARICIT THRATRIG—A new Piece, in one Act, called Peter Swink, was produced last night. It is from the Freach, and is perfectly French, in its story and construction. Eugene, a French soldier, in the army of Bayard, has been taken prisoner by the Ger mans, and has been induced by his love of Nineite, the daughter of Hans, a miller, to put on a German uni form. His discharge is promised to Ainette, by the Commandant of the place, where he is on service, on condition that be shall find a substitute. Hats, and his daughter are just expecting the arrival of Peter Swink, a miller, who is to assist in the mill, when Bayard, in the disguise of a miller, arrives, and is taken for Peter Snsink. Swank arrives afterwards, and is treated at at impostor. A number of mistakes follow, which end in the happiness of the lovers, and the signing of an ar mistice, by which Bayard is secured from danger.—.. Reaves played with humour, and Madame VRSTRIE made the most of her part ; but the Piece produced little effect. The announcement of Peter Swink for re- petition was received with favour: The House was full. CORN EXCHANGE, MARK-LANE, Sam W. The applies of English Corn to this day's market are trivial.— The Wheat trade remains as last quoted. Barley, Beans, and Peas support their rates ; and there is a wwytiadted demand for Oats to day, at the prices of last market-day. In other Grain and Moor no alteradon.—Arrinis : English Wheat, 1,460 qrs. Barley, 790 qrs. Oats, 90 qrs. Flour, 2,440 qrs:.—Foreign Wheat, 9,500 qrs. Oats, 10,100 qn.