Star. — London, England, 1803-01-13 00:00:00

Enfigh Hely, of Rots and Cromarty regiment Previons to 4th June orders were Hilted for the rt. giment to parade that morning, and every officer was to infpeft his company, and fee that none had ball cartridge. That day he left the Court houfe With Caren M'Donogh, and when croffing the 'fireet they were much annoyed by the mob pelt ing. Captain M'Donogh expofiulated with the mob Ma conciliatory way. Witnefs did not with him to condefeend fo much to a lawlefs mob as to expoltulate with them. They then were going to take a walk, when a gentleman direited their at tention to the guard-houfe. They went there, and found the officer there much covered with filth, who loon ordered the guard to turn out. They did fo, and then Captain M'Donogh Paid the pre tence of a Magiftrate was extremely neceffary.— The Captain then took a file of men to accom r tny him to the Council Chamber. The witnefs then law the Lieutenant-Colonel coming with two town officers. Witnefs then thought himfelf in fume degree of danger, as the mob were throwing filth. eLieutenant-Colonel went towards the mob, ufing conciliating exprelfions. Capt:M•Do nogh loon retired, attended by one or two peace officers. The mob had preffed round the Lieute nant-Colonel,and he appeared to be then in danger. The guard preffed into the mob to refcue the X.ieutenant•Colonel. A violent pelting then com menced by the mob againft the officers, and Cap tain M'Donogh was entirely covered with filth. Witnefs took fhelter behind a fentry box, the sentinel being forced from his port. The Lieute- 1 rant-Colonel then ordered Captain M'Donogh to proceed to the ban acks, cattle beat to arms, and 1 britig down the regiment to reinforce the guard. ' Witmer' was afterwards ordered to do the fame, and he went alfo, and found a party of the men drains up, and Captain M'Donogh at their head, in front of the barracks. Witnefs went into the barraCk yard, and law the men falling into their private parades. They were about to form, when he heard fome of the men exciting each other to ' fun to their barracks, and get their ball cartridges, 1 Which they Paid might be neeeffary. Shortly after the greater part marched out. Witnefs went to Cagle-ftreet, and found the whole regiment drawn 1 up in line. He then heard Captain M'Donogh give this order :—" Order Arms and Stand at Eafe." A great crowd were in the greets very 'riotous, and clofe upon the men. Captain M'Do nogh then took off his hat, went in among the crowd, and addrered them in very conciliatory i terms. They icemed to take his addrefs in good' part, and gave two cheers. Upon a fuggeftion by the wharfs, he immediately afented to march the men to o.e barracks. He wheeled them, and or eered ts.em to counter-march. They began to do , fir, and %.ituer. rea s on before them. He had not gone far when lie heard a fudden (bout from the mob. He turned round, and fat' the foldiersrufh- Ai in all dim:tit:ma upon the mob. He heard no Word of comma. This was the firß firing_ he heard. He teas hilisfaifober, and Captain M'Do nogh teemed to'be in poileffion of all his faculties, and not in a nate o. intoxication. The greater part of the cEGeenwere at this period at Edinburgh ac.ending a Co* Martial. The regiment were daily expelling orders for ditbanding. Captain M'Donogh and .the witnefs were then both in otourtang, vritheaspes round their arms. At the time the men woe drawn up acrols Caftle-Rreet, he did not hear Gary )Iropofal for fending fora civil hivert e. William Macklin*, (errant to Col. M'Kensie, has been his fervent eighteen months. On the 4th ti June lan, when the Colonel cams to the bar. racks his face was all cut and bloody. Neat morn. iag he difeovered black and blue marks on his break, arms, &c. &c. Serjeant Hugh Mitchel, of Rofs and Cromarty Rangers—On evening of 4th June was in the bar racks, and received orders by a perfon to fend a reinforcement to the guard. He found there was no officer ; but learning from loin. of the men Who came to the barracks that fome of the Officers were murdered in the town, he tent of a party. He then *cent himfelf. and met tapt. M'Donogh, who took the men to Cagle-fireet ; but they had feattely arrived there, , ol , en there came a great force of the men from the barracks, in confufion. The wieners than dreffed the line as well as he *weld. Towards ti e right of the line he few a good deal of confufion. When he was drething the men, they Paid, It was eafy for him to talk, but it was not fo eafy for them to Rand. Capt. M'Donogh took of his hat, and addrefed the people. He then ordered the men to prime and load with cartridge. He then ordered the men to order arms, and Rand at cafe. He again went and fpoke civilly to the people, and Coon ordered them to (boulder arms. They were then marched back to the barracks, but did not hear Capt. M'Donogh give the orders to march. After this, Capt. M'Donogh returned again to the people; the witnefs followed him into the crowd for fear of danger. The Captain went forward, and (poke 1 with fume people. Witnefs loon heard the whir ring of (hots go over his head, and being alarmed, he Rooped down. A great number of Roues were then thrown, feveral of which Druck the witnefs. Capt. M'Donogh at this time parted from the wit nefs, and be did not fee him again. Juil as the men began to countermarch, Serjeant Mackay came out of the ranks, and came up to take care of the Captain, and endeavoured to make him go i to the barracks. Corporal Adam Little, of the s4th foot, was recruiting at Aberdeen the 4th of June lag. There was a mob in the evening of boys and men, who were riotous. He recollets he faw Serjeant Su therland, near the New Inn, attacked and Druck with a flick. He was defending himfelf with a (word in the fcabbard. He was in danger of being hurt, but cannot lay whether he was in danger of life. His clothes were much dirtied. Witnefs law Capt. M'Donogh (truck on the neck on the greet. and the mob were throwing dirt at him, and abufing every perfon they law belonging to that regiment. This was before the reinforcement came from the barracks, and none of the guard fired until after the reinforcement came. Witnefs was near the rightof the regiment when they drew up. He bend the word of command. After die men were formed, Capt. M'Donogh went to fpeak to the mob. They aiked him to releafe a prifoner, and fend the foldiers to the barracks. He raid, if they eked it as a favour he would releafe the pr;. loner, but if they demanded it he would not. He heard Capt. M`lionogh give out the command to prime and load with cartridge, and then to order arms He then turned from the regiment, and went round to the mob again. He took off his hat, and requefied they would be quiet. Some people came up to him, and he agreed to march the hien home. He did fo, and the men marched off, but Capt. M'Donogh was not with them.— Witnefs did not fee him again. There was no firing by this time. When the firft part of the co lumn had nearly reached the barracks, the mob followed the others, and threw bricks and (tones, damning them for Highland b--s, to go home to their beds. Upon this fome of the foldiers came running back, being hurt,as he law fume ofthem. He did - not hear any word of command. The guns were popping off in an irregular manner. Daniel M'Nab, late fervent to Capt. M'Donogh, was at Aberdeen on the 4th of June !aft ; was hot there at the commencement of the riot; about nine went to his mailer's lodgings, to receive ordtrs, and there he heard there was a diflurbance in Cagle-greet. Apprelicnfive for his mailer, he then went to Caille-Ilieet, and faw his mailer ! (landing with his hat off addreffing the crowd.— Soon after, a fhower of [tones came from the crowd. Witnefs conceiving his Matter's life in danger, ran to him, and, feizing his arm, led him away. In a fhort time, he law the foldiers abufing and (hiking an inhabitant. The Captain and witnefs rufhed forward to his relief. The Captain then cried out, for" Goa AL mIG H TY'S lake, men, return to your barracks ;" but the men paid no attention to him, but began to fire. The Captain went in front of them, and, with a loud voice, called out " Halt." After firing fomc time, two town ferjeants appeared, and laid to Captain M.Donogh, " Are you Commanding Officer r' he replied, He was, but he could not command them. The Captain was then made prifoner, and on his way to the Town Houtz he was much abufed by the crowd. Witnefs had no alarm on feeing the men fire, as he had no idea the men had ball car• tridge in their poffeffion. On the Captain's way to the town hall, while the crowd were abufing him, he Paid, Ah, my good fellows, you little know me, or you would not ufe me fo." James Knowles, merchant, Aberdeen, was in Caftle.ftreet on 4th June. Saw the regiment come from the barracks and return; but did not fee Captain M'Donogh after. John Allifon, artillery, was on Caftle.fireet on 4th June ; law the men marching up to the bar• racks, with an officer at their head. This officer he afterwards law going towards the Town Houle, but did not know who he was. Abraham Shepherd, artillery, was on Cagle ftreet on 4th June, and faw an officer order the men to their barracks. When they were gone, the officer went towards the Town Houfe, and on his way was greatly abufed by the crowd. James Mackenzie, 4ad regiment, late in the Role and Cremarty regiment, who being igno rant of Englilh, his evidence was interpreted— was acquainted with Serjeant Sutherland, who he faw on the 4th of June la& At the time the fire. ing commenced, he was in the fame fedion with Serjeant Sutherland t and another ferjeant was in the fame (idiom Sutherland had not the foie command, but faw him &dive to prevent Come of the men from firing three or four times. Suther land's fword was in his hand, but in the (heath.— Saw a man of the rile corps lying dead neir the croft ' • but Sutherland had gone up to the bar racks before witnefs faw this man killed. Witnefs alto knows Sirjeant Mackay. whom he faw that night. Heard him bid the men not fire, bat re turn home. This was a little after nine o'clock, when the t•wns people were pelting them with hones, and when the military were beginning to' fire, after they had broke their ranks, and had got orders to return to their barracks, and about five minutes hefcre he law Rofs killed. John Robertfon, fadler in Perth, was in the Rofs and Oromarty regiment on 4th June Lift, and ac quainted with Serjeant Sutherland. When the men came on at the charge, he few Sutherland endeavouring to prevent them, and the fame at the firing. The cation of which Sutherland had the charge were not defirous to fire. The witnefs bad prefented to fire, when Sutherland (loin him, and (truck up the muzzle of his raufket with his (word. Witnefs was on the north fide of the fireet, before the New Inn, when this happened. Saw no perfon hurt with a (hot. Witnefs knows J. *Kenzie, a former witnefs, but is not certain whether he was in that feEtion or not. Roderic MiDonald, of the 42d regiment, raw Serjeant M'Kay when the men were marching to the barracks, and again when tome thou were fired —he was (landing with his face towards the men keeping them in their ranks; witnefs did not ob ferve whether he had a halbert or not. The evi dence of this witnefs was alto interpreted. Alexander Frafer, of the 42d regiment, Paid he was in Caftlelreet, Aberdeen, on the 4th of June lan, Paid he law Serjeant M•Kay prevent one of I the men from. firing after he had come to prefent, by driving up the muzzle of his mufket. At this time the party which M'Kay appeared to command was oppofite the guard bottle; they afterwards advanced towards the New Inn, but witnefs did not fee M'Kay with them then. Witnefs was at that time in the gas and Cromarty Rangers. Alexander Menrodate a private in the Rofs and Cromarty fencibles, now of 42d regiment, Paid he law Mackay on the 4th June, but is not certain whether he had his halbert or stot ; at the time he law him there had been no firing ; he was Sand ing with his face towards the men. John M.Lellan, 42d regiment, depofed to the fame effeB. _ _ _ - _ Colonel L. *Kenzie. late of the Rofs and Cro marty fencibles.faid he always thought Mackay a well-behaved and fober man, of great humanity, and obedient to his commanding officer. Suther land was one of the bell-behaved men be ever knew ; he had only been three months in the re gimer.t wlica I.e was pioasoted to a ferjeootcy on account of his good behaVinur. Maeltay he thinks about 24 years of age, Sutherland alrmt :to. Wit nefs has always known Captain Ivi , ilonogh to be a man of honour and a gentleman, and eileemed him a man of great humanity—he was in the Life Guards before he came to the Roes and Cromarty regiment. fhe examination of this witnefs clofed the whole evidence. ' _ _ _ _ _ Mr. JOHN CLERK then role and addracd the Jury on the parr of the profecutors, in au animated fpeech of three hours continuance. Hon. HENRY Easata 1, for the defendants, ad. dread the Jury for upwards of three hours, and exerted himfelf tb much, that, when about the middle of his (peach, he became quite exhaufled and was obliged to flop, and was taken out of Court. A medical gentleman being fortunately prefent, attended him in the outer Court room, and in about halt an hour Mr. Ease IN E was fo far recovered as to return to the Court and refurne the defence of his clients,which he continued for about another hour, with fully as much animation as formerly. The Counfel having; flame!, Lord Cicala proceeded to Turn np the whole evidence. His Lordlhip recapitulated the leading features in the depofition of every witnefs, and minutely and candidly pointed out the bearings and tendency of the whole. When his Lorchhip finifhed. the Jury were en doled, about two o'clock on Sun& y morning, and ordered to return their verdict at two o'clock' on Monday, to which hour the Court adjourned. We are happy to hear that yeaerday Mr. Er. fkitie was very well. MIDDLESEX SESSIONS. liTCKS'S HALL, (TER KENWELL, JANUARY rs. Samuel Whalley, Elq. was indieted for afrault ing Mr. Haig, an Attorney, on the 16111 of May Mr. CON sr opened the pleadings on the part of the profecution. He Rated that this was an in diEtment againtl Mr. Whalley, a Gentleman of fortune, and extremely well known in this coun try, for an airault on Mr. Thomas Haig, his at torney, a perfon of great re fpcetabilit y, and equally well known in the Courts of this kingdom. 'the indiftment charged him with having beaten the plaintiff in a violent manner, and under fuch cir cumitances, laid the Learned Counfel, as, in my opinion, deprive him of every excufe. Mr. Whal ley was a Gentleman, againtt whom nothing had been alcribed but an infirmity of temper ; and even then it would appear very ftrange, that, without any motive, without any provocation, he ihould have acted in the manner he had done.— Mr. Haig was employed to trait:aft tome butinefs IA term, between the defendant sad his father-in law, the Rev. Mr. Barclay, refpeCting a patent. in which they were to be jointly concerned: and feveral drafts of deeds were drawn by the plaintiff and handed over to Mr. Whalley. A meeting afterwards took place between the plaintiff and Mr. Barclay, and the latter expreffed his difratif raftion at the conduit of Mr. Whalley, and Come further converfation on the fubje* earned. Mr. Whalley came in, and though nothing occurred to form a jull ground of offince, he took an op portunity of infulting Mr. Haig, by producing a bill which had been delivered on foam former cc cation by the plaintiff, and.paffed fame very nn gentlemanlike comments thereon. Mr. Cour raid it would be unneceffary for him to enter into the detail. as the evidence would fully develope what had paired ; though there was no other per fon but Mr. Barclay in the room, he lhould, from motives of delicacy, decline Calling him, as be did not with to make the father impeach the fon; the tellimony of Mr. Haig would fully ellablifh the affault ; and, really, when tranfgreffions of this kind, proceeding either from malice or ill-temper, occurred, the punifbment could not be too revere. Mr. Thomas Haig was then called, (worn, and examined by Mr. ALLZT. He proved that he had been employed as an attorney, to draw deeds of partnerfhip in the property of a Patent Medicine, between the Rev. Mr. Barclay. and his fon•in-law Mr. Whalley, which latter Gentleman be had known about three years. That three feverai drafts of a deed had been drawn up, at his in fiance, by Mr.Plowden, an eminent Conveyancer, to which Mr. Whalley made fuccellive objeflions; and, from time to time. deferred the execution of the partnerlhip, which induced the Witnefs to re monarate with him on behalf of Mr. Barclay.— In confequence of which Mr. Whalley took Come offence, which induced the Witnefs to decline any further interference in the Winds. He came to the affair of the 16th of May laR, when the ground of this profecution took place. He had previoufly furnilhed his bill of coils in this cafe ; and he at tended a meeting, by defirc of Mr. Barclay, at his houfe. As Mr. Barclay fat on one fide of the fire, and the Witnefs on the other, Mr. Whalley &only afterwards came in; ind Come few minutes being elapfed, he pulled out the bill which the WitneG had fornithed, and laid he was glad to fee the Witnefs there, as he might give tome el -1 planation on the items of the infamous bill he bad charged. Witnefs anfwered he had no *Nation to gave any neceffary explanation of his bill ; but that was not the fpecies of language in which he had been accuflomed to be addreald ; nor was it becoming from one gentleman to another. Mr. Whalley replied, by calling him a rafcal, fcoun &el, and many other opprobrious names. To this Witnefs rejoined, loch language was only be. coming a Rabic boy it was not the language of any mac with whom he had been =cud - corned to affociate ; it was beneath the notice of a gentle man, and, therefore.'he lhould pars it by with the treatment it deferred. Mr. Whalley then flood up—croffed between the Witnefs and the fire—re• ;waged his opprobious language, in a manner Rill more violent; and raid, if - Witnefs would not take the law. he would give him a found threllaing.— Witmer. anfwered, he mull be mad to foppore that one in his circumflances, deprived of the life of one ann, and in danger of fatal confequences from the flightefl injury to that arm. would put ,hirafelf, perfortilly, as an aatagonift spina a man of Mr.Whalley's rein& and athletic firength, certainly he fhould take the law, if Mr. W. pre fumed to offer him any violc;ce. Mr. Whalley then put I;is hand in fuch a manner as to prefs one part of it on the. Witnefs's chin, and the other part on his diftbled arm ; be would not fay with intent to lout either. He put his own hand again& Mr. Whalley, to !•itard his arm from injury, when ' Mr. W. itillantly (aid, 4‘ what, ,you fcoundrel, do yt.o dal e to Rrike ;" and infiantly (truck the Wit nos, with his clenched fill, a violent blow on the 'tole and mouth, to as to break a tooth in the one, cut both his lips, and bring the blood flowing from his nof r e. The Witnefs then feized the next weapon to him, which happened to be a candle flick, (a large plated one, ukb a fquare foot, the fellow to it was produced in Court). and in his defence [truck twice at Mr. Whalley, he verily believed, that either blow, had it taken place, (which, fortunately for Mr. W. and much to his own prefent fatisfa.lion, was not the Cafe) would have been fatal. Mr. Whalley then feized a poker. and with it struck the Witnefs feveral fcvere blows over the right arm, while he endeavoured to de fend his head and other arm ; and afterwards Mr. Whalley being, by Tome means, deprived of the poker, feized the witnefs by the throat, again& which he violently preffed bis knuckles; and while he kept him in that manner with one hand, con tinued beating with the other fill about his nofe, mouth, and neck. Witnefs faid, that fuch was the &nation of his left arm, from a former unfor tunate accident, and fo ezquilely fenfible to every touch, that the flighteß (hake mull put him in the molt imminent nth of burßing an artery, and either bleeding to death, or &Bering immediate amputation. The confequences of the treatment he received from Mr. Whalley was, that he was three days confined to his room ill, and unable to take any other fußenance than fpoon meat; his nofe, mouth, and throat, were much contufed and fwelled ; the uvula confiderably inaarned and elon gated ; and his fituation aaually required a much longer confinement to his room, had not his pro fellional duty unavoidably obliged him, on the fourth day, to attend a Statute of Bankruptcy, at Crofs•examined by Mr. Sr. tvErrra.—Mr. Haig faith the bill be furnilbed was for zBl. that he him fell was nominated a truftee in the deed drawn, by the exprefs defire of Mr. Whalley. Mr. SYLVESTER then proceeded to afk the wit 'lds to whom he had ferved his ckrkfhip and the witnefs was proceeding to explain, as he faid Come infinnations had been made by Mr. Whalley, that he had been clerk to a Mr. Crofsley, with whoa he nevcr had any conneftion. The Court objefted to hear any explanation fo irrelevant to the caufe in hand. Mr. Corer humbly contended, that his client, the witncfs, was entitled to prom/lion from a fps. tics of attempt on the part of Mr. Whalley, through a falfe and unwarrantable obloquy on his charaaer ; and to which end the traverser ought to be &dimmed of having inftruaed his Count& Further examined by Mr. SY xi , arraii.--Witnefs admitted he had brought his anion for damage" in the firft inflance, and afterwards inftituted tbi Buiit profecution by the advice of his Cooed. t that he would have dropped the salmi fee. damages altogether. had not the defendant's at. torney forced - him to a declaration and he cos* not abandon it without fubjeaing h imfelf to coif, again(t which, if he was Secured, he had no Mrs to follow up the anion. Mr. ALLNT avowed, that he bad given the wit. nets this advice as a more honourable wes t 4 proceeding, not being liable to the charge atom cenary motives. Surgeon Hurl gave teftimony is the injury Ur. Haig had (Whined. Evidence for the Crown being here doted. Mr. SYLverrsa addrefted the Court and Jury, on behalf of his client, Mr. Whalley, and then proceeded to examine The Rev. Mr. Barclay, who corroborated Mr. Haig's evidence up to the meeting at his hoofs on the tfith of May; but he could not (wear whe. ther or not Mr. Haig had ftruck th.a. When Mr. Whalley Rood with his back to the fire, be tween Mr. Haig and him, he heard him ufe abu. five language, and then he (la red two or three Steps towards him, as if pulbed by Mr. Haig; but he could not (wear to that. The feat& im mediately begaa, and Several blows were exchang ed, Mr. Haig Rill fitting down. He raw Mr. Haig make a blow with the candleftick, which made a deep bole in Mr. Whalley's hand. The fecond blow mull have Split his (bill had it taken place, as it made a deep indention in a mahogany table upon which it lit. He faw Mr. Whalley take up the poker, but did not fee him ftrike with it. The reft of his tellimony in no refpea oppofed that of the firft witnefs. Mr. Ast.ey addrefed the Court and jury upon the evidence before them, and made a very warm and feeling appeal upon the 'refs, wanton, and flagitious injury that bad been fuflained by his client, and that (pecks of outrage, on the part of Mr. Whalley, which, whatever fiis rank or refpec tability might be in other points of view, in this he mull confider the outrage as of a defcriptiou the moll wanton, atrocious, unmanly, and cow ardly. becaufe trucheroufly and nnprovokedly committed upon a Gentleman, who, Mr. Whalley well knew. was, from bodily infirmity, unable to defend hi enfelf. Recapitulating ,in a ftron,g vie w, the nature of the injuries his client bad fullained.. he hoped that Mr.Whalley would be this day convinc ed. by the verdia of a Brains Jury, and the ex emplary juftice of that Court, that no man flan dare to offer unprovoked perfonal infult and vio lence to another in this country, however high the rank of the one, or bumble that of the other, and pars with impunity. The CHAIRMAN then &only recapitulated the circumfiances of the evidence. and Paid. the only point for the Jury to confider was. whether or not they believed the tellimony of Mr. Haig, which flood wholly uncnntradi.9ed. The Jury, without hefitation. returned their verdia Guilty. Mr. Haig relinquiled his :aims for damages, and the Court fenteneed Mr. ley to a fine of pl.