Star. — London, England, 1803-01-12 00:00:00

MIDDLESEX SESSIONS. Yellerday Leonard Morfe and Edward Coderill were indieed for affaulting John Smith and -- Wade on the 17th of July loll.• The profecutors in this indielment were con- Rabies, and had been at Brentford attending the eleelion in difcharge of their duty, upon the day mentioned in the indielment. In the evening they left Brentford and flopped at Kew bridge, where they had tome brandy and water. Mr. Cockerill invited them into a coach going to town, and they accordingly took their places in the vehicle, which proceeded towards London. It flopped at the Pack Hot fe, Turnhatn-green, when Morfe laid that they were not of his party, and fhould not ride further ; he alfo obterved that they were Mr. Mainwaring's party, and infifled upon their leay. ing the carriage. The profecutors replied, that they were attached to nei , her party, but werepeace officers. Smith was feized, his coat was torn, and he was cut acrofs the nofe. Wade exhibited his flaff, in order to proteill his companion, when Morfe pulled his flaff out of his hand, atid at that inftant he received a blow, from whom he did not know, which brought him to the ground. He made his efcape, and got to town by a return chaife. This was the cafe, as flatted, for the profecution. Mr. Gu RN sr, fcr the Defendant, ftated,that Mr. Morfe had gone to Brentford, for the purpore of exercifing a franchife which occurred only once in feven years. That franchife involved two privi leges, dear to every Englifhman k the firft was that of voting, if he was a freeholder; and the fecond was, that of getting drunk, after he had given his vote. He fhould prove, in anfwer to the charge of the profecutors, that Mr. Morfe, fo far from firiking either of the profecutors, was not prefent at the fcuffle, and that Cockerill was lying drunk at the bottom of the coach, totally unable to Rand. ..-- Weft, a butcher, at Plaiflow, in Mix, Rated, that he was in the coach, coming to town from Brentford. Cockerill was in the carriage, quite drunk. When they flopped at the Pack-horfe, the conflables wifhed to get in, and fwore they would enter ; but he took care that they did not. A kale enfued outfide, and a mailable's Ralf %vas thrown into the coa ch. Wm. Sibly was likewife in the coach, both doors of which were opened at the fame inftant at Turn ham Green. He jumped out, and received a vio lent blow, which cut his head very much. Wade Was the man who gave him the blow. He pro duced a neck-cloth which he had worn that day, and which appeared all Rained with blood. Thomas Oakley, the driver, fwere that at Kew Bridge Mr. Morfe took the reins and drove his honks to Turnham Green. The witnefs went up behind the carriage, where he allowed the conga. bles to come. When the carriage got there, Mr. Morfe came down and went into the garden, and the witnefs was confident that he was not prefcnt during the fray.—The defendants were acquitted. /rams Colvill was tried for a violent affault committed upon a little girl who lived with him as his apprentice. The Defendant kept an eating houfe at Ratcliffe Olds.. The girl defcrited the whole of the particulars of the *fault, which mo tives of delicacy forbid us horn entering into. Her evidence was corroborated by that of the Defen dant's houfekeeper, who heard the girl fcreaming at the time when the fluted the of auft to have been committed t and the Defendant was up flairs with her at the time. It alfo appeared that the girl ran away to the workboufe, from which the had been bound out as an apprentice, and laid her complaint before the Overfeer. The Defendant followed her thither, and charged her with rob bing him, but that charge could not be made out. —After fome other circumllances were given in evidence, all tending to bring the guilt home to the Defendant, Mr. GUlVtilf, his Counfel, laid, he could not thing of trefpaffing on the time of the Court, in making a defence, when the cafe was fo clear.—The Jury found the defendant Guilty ;and he was fentenced to be imprifoned two months, and to Rand once in the pillory at Ratcliffe Crofs. Tlll LONDON DOCK COMPANY V. JOSIPH AINILIY. This was a carafe of much impo; tanoe, and occu pied the time of the Court the whole day of Sa turday lan. Mr. Ainfley, the claimant, made a demand on the Company of zo,cocl. the Dock Company had tendered him the rum of 3,2001. and the Jury returned a verdia of 3,6501. Mr. Ainfley's cafe was fupported by the great abilities of Mr. Eas t s. and the Dock Company's iaterell by Mr. Serjeant Bair, and other legal afliflants. The Surrey SelEons commenced yefterday, but nothing occurred of a public nature; the Court was wholly occupied in hearing and deterrniuing iubjetts of parochial intera. Griccolacc.—Yerlerday the Loan Mayne and Sheriff. went in State to Guildhall, held a Court of Aldermen, heard the Common Coancilinen Iworn in, and all the Ward Beadles and Conaa- Lilco take the different oaths prefcribed to them, according to cutlom. The grand and petty jury was likewife (worn in ; after which Alahitto M# was tried for affaillting Mary licarn. And cutting her in the arm. in St. Mama's-lc Grand. This being clearly proved, the prifoner was fentenced to three months imprifonment in Newgate; after which the Sellions adjourned to Monday the ,4th. The Monument crated in St. Paul's Cathedral, to the memory of Captain Bu ass ss, who fell in the glorious action off Camperdown, was exhibited, tor the firiL time. on Sanday lea. when the Ca thedral was opened for Divine Service. On Friday evening the annual Charity Ball, for the benefit of the poor of Cripplegate. was held at the Crown and Anshiie_, in the Strand. The Stewards of the Charity, 'for feversl years, tried the tired of Charity Sermons, preached by the moll favourite Divines; but the donations never exceeded 54. and the pales being eatenlive. and the poor very numerous. the erne got confiderably i d arrears. and it was found INCCiary either to i.iersafe the rates, or adopt fame more efficacious mode of railing the fupplies within there few years a ball has been tried.—Tickets ys. 6d. and after paying every cape:ace, it be: generally netted *boat 2301. HIGH COURT OF JUSTICIAR r. , EDINBURGH, JAN. 7.—RIOT AT ABERDEEN. TRIAL OF LIEUTENAST-COLONEL OFONCE MACKIN. ZIA, CAPTAIN J.ll. PeDONOGH, AND orusai. CONTINUED FROM THE STAR Of YESTERDAY. Mr. Charles Adamfon, late Captain in Aber deenfhire militia, Paid, he has been 22 years in the army ; was in Aberdeen on 4th June laft, and in the Town Houle from 6 to 8 in the evening, when he went and looked from a window in the New Inn, and heard firing, and the waiter came and told him a man had been killed, a gentleman alto came and confirmed what the waiter had Paid. Witnefs went out to the area to advice tome of the Aber. deenfhire militia to retire from the lireets. The witnefs then went up to an officer who feemed to have the command of the military on the fireets, and requefted him to take away the men. He laid he was willing to do fo, and thanked him for his advice. While he was talking with the Officer, Come of the people in the (beets Paid, " you have nn bufinefs, he is as great a fcottndrel r.s any of them, and that was him who ordered the men to fire." About this time Come perfon threw a brick. bat, which firtick the Otticer on the head, upon which he drew his fword, and purfued them down the ['rect. At the time he was (track, he was going to order his men to the guard•houfe. The people who remained, about a dozen, forced him, the witnefs, into the New Inn, as they laid there would likely be more node. Shortly after the military came from the barracks, and drew up in line in Cale-ftreet. They advanced a very little, and began to fire, but withers did not hear or fee any perfon give them orders. They fired promif cuoufly. Witnefs law nothing in the conduct of the people to induce any military to fire. He has been in Aberdeen alma 3o years, but never law fo few people on the firms, or more quiet. The brick-bat was thrown fubfeqiient to the firft firing. There was one of the privates of the light infantry who fired three different times. The firth time he fired he prefented his piece, and having taken aim, he changed it, and after that changed again from right to left. The Officer that he has formerly mentioned was on guard. He taw no other that evening. Mr. John Collifon, merchant, in Aberdeen On the 4th June was in the Town Houk till about half pall liven, and then walked till near nine, when he went to his honk in Callle-ftreet, where the foldiers were drawnup,andhe afterwards went towards the foldiers to keep the boys peacea ble—they Paid the foldiers were going to fire on them. Witnefs then went and got tome other of the town's people to perfuade the foldiers to 1 1 go to the barracks. The mob might be about 1 a or soch moftly boys. He loon taw Come more of the foldiers coming from the barracks, loading as they were coming along. Captain M'Donogh was in front of the line, and teemed to liften to the other perfons who were with the witnefs, to do what was proper, and march back to the barracks. Witnefs and the others with him engaged to keep ceche crowd from molefting the men, if he would march them back to the barracks. The mob had done nothing at this time. Captain M'Donogh ordered the men to form into divifions, and on the right counter-march. They obeyed, and came round dole by the crowd, and round the witnefs. They then entered a lane that leads to the bar racks, and were all out of fight,except two or three divifions. The crowd then gave a cheer, or dui five huzza. On this fome perfon belonging to the military called out is halt. front, charge." and inftantly they came running back like a parcel of wild bulls- Thinks it was the fame voice that he heard form them into lime, but cannot be fore There were no (tones thrown at that time. Every body ran from them except one man, who flood quietly at a railing, and one foldier came up tr) him, but he was either worn out with running, or, not to barbarous as the reit, for he pafTed him others came up and (truck him with the butt end of mulkets, and alfo after he fell. By this time a number of others came up, and continued firing irregularly, but they afterwards made two regular fires. The witnefs went into the prifon flans till the firing cured, when he ran home; he afterwards law two perfons who had been (hot.— Alter they made two regular fires, they made a charge, and (tabbed a man through the back.— There were fome minutes between the firft and fecond firing. Examined by prifonereCouafel—Said, there was no firing before that cheer, and if the foldiers had fubmitted to that cheer, all would have been well. Lieut. Col. Stewart, of Lamurdie, was called, but a certificate by two medical gentlemen Rated he was fo ill with rheumatitms, that it would have endangered his life to bring him from Aberdeen. Mr. Wm. Skene, late Lieut. and Q2arter•maller in the Aberdeenthire militia,faid,he was in the New lan. Aberdeen, on the evening of june4, and heard ' firing. He looked from the window and law a ggerneatt droved mining, and the military following totem with charged bayonets, and firing tepatately. He afterwards law a party of the military who had come from the barracks. with a ferjeant at their bead. and an officer who was Eluding near them having received tome intuit he ran after the crowd with his fword drawn, and loon returned, after which the party began firing. Au hour before the firing he law a drummer and foldier, and the boys throwing things at them • the drummer drew his (*word, and then ran into the guard houfe. Mr. Wm. Copland, town clerk depute, Paid, he knows Capt. Macdotiogh, and raw him on 4th June, between eight and nine in the evening. The wit nets was then called out of the town hall, where he , met the Captain on die flair, who Paid he had been intuited, and (hewed a mark on his (boulder, where tome dirt had been thrown. Witnefs Paid he was lorry it (hould have been fo, but it was a parcel of boys, and being the Ring's birth-day, the perfons could nut be got and punifhed that night. The wittier added, that he would order two town's ferjeants to go and proteA him, or he would very wllhinglygohimfelf. He then ordered the lerjeants to follow the Captain, and (cite whoever lhould intuit him. The witnefs did not hear any firing till half as hotir after this, when a mirage came to the MAgidrates, and informed them the military I were firing in the ft:vets ; upon which they all got up, but witnefs got fill to the ftreet, where he i.sw the military drawn np in a regular line, and fume of them firing. Witnefs thinks this was the firil in timation the Magiftrates got of the firing. He had not gone far when he found himalf fur. rounded by military with fixed bayonets, upon which he ran into a clofe, and looked about and faw the Provo!! and Magiilmites furrounded with military. The Provoft (hewed the infignia of his office, and cried out, lam the Provoft of Aber deen." They had come out of the town houfe into the areet a few minutes after they got the infor mation. George Turriff, one of the town ferjeants of Aberdeen, laid, on the evening of the 4th June lag there was not more than ulna] of people on the areets ; Captain M.DOllOgll came to the town- hall alking for a Magifirate. Mr. Copland came out, when the Captain Paid he had been Intuit ed. Mr. Copland defired the witnefs and another ferjeant to accompany and proteEt him. They did fo, and when they came oppofite the guard houfe, the Captain went among the crowd, took off his hat and huzzaed. No infult was of tired him when lie remained with them. Witnefs alfo faw the Lieutenant Colonel ; he had the ap pearance of being tather the werfe of liquor. Wit nefs endeavoured to get him to the barracks ; but he met with frame other officers, and witnefs fup• poled they went away to the barracks. When the Lieutenart-Colonel was in the fireet he nearly fell, but witnefs fupported him, and lifted his hat. The ' crowd was then huzzaing. Did not fee any per fon arike either Colonel Mackenzie or Captain MAC. donogh. After this the military came front the barrack, and drew up in Cagle-greet. The wit nefs afterwards heard firing, but was then in the town houfe. lie, however, went to fee what was the matter, and when he was returning he met the Provo(' and Magillrates. Macdonogh was after wards apprehended on the fireets. The witnefs faw the Captain in the town houfe in the fir(' part of the evening, but did not obferve any thing par ticular in his manner of drinking. It might be half an hour from the time that Captain Macdonogh called at the town hunt:: and faw Mr. Copland, and the time that the witnefs met the Magifirates com ing out. Benjamin Clark, town ferjtant of Aberdeen, raid, he was attendi the Town hall on the 4th June, faw Captain M 'Donogh, who went away, and loon returned, when he aflsed for a Magißrate, and Mr. Copland came out, when the Captain Paid he had been infulted. Upon this Mr. Copland ordered him, the witnefs, and George Turriff, to fee the Captain through the Rreets. They went till near the Guard houfe, when the Captain went into the crowd. He took off his hat and cheered, and diced the crowd to cheer with him. At this time the Lieut. Col. came up, when Capt. M , Dossgh told him he had been badly tired. The Colonelfaid, "lam a fol. flier, and 1411 not be badly ufed," and clapped his band to his fword ; but witnefs cannot fay that he drew it. After this they went away, They were both intoxicated, but the Colonel was the work and Itaggered much. The furge on had hold of his arm. Witnefs faw, an of f i cer ( Lanigan) in the crowd, run and feize a lad, whom the foldiers' dragged to the Guard-houfe, while he, the Officer, was puthing him behind. Does not think, there was greater ditturbance on the ftreets upon this occa fion, than formerly, ow-the King's birth-day. • Mr. Jame Gibbon, writer, Aberdeen, laid, be was in the Town Hall, on the 4th of June ; fit dole by one of the officers of the Rofs and Cro- marty regiment ; thinks they made more free with the liquor than the ref of the company. Witnefs begged them net to ply the officer on guard with fo much wine. One of the officers antwered,u If the officer on guard is not able to do his duty, I will do it for him." The company drank in the common way. The officers went away a quarter of an hour before the company broke up. Mr. George Brown, late Enfigts in Rofs and Cromarty Rangers, laid, he was at the Town Houle on 4th June haft. Witnefs accompanied Colonel Mackenzie from the Town Houk. He was not quite fober. The officers all went away except Surgeon Macdonald and the witnefs, who' (opt to fee the Colonel home. When they got oppofite the Guard Heufe, they met Captain M.Donogh. The greet was quiet, at the time. The Captain told them that he had been infulted that the guard had been deforced, and it was ne ceffary that they fhouhl be reinforced. The Colonel gaveorders to bring theguard from thebarracks,and M'Donogh went off. A man came up. and laid he was as good as the Colonel, and threatened to Rrike him with his fift ; he was iiized and fent away to the Guard Houle. Colonel Mackenzie fell back on the ground in confequence of a fcuffie that then en4ted. It was the taking-away the man that occafiatect the fcuffie. On the Colonel's riling, he drew his fword. Witnefs advifed him to put it up, which he did, and accompanied the Colonel to the bar e ' racks, where he left him. They met Capt. M'Do nogh coming from the barracks, with fcveral files of men. They paired without (peaking. Others of the foldiers were coming out of the barracks to reinforce the guard. Saw nobody ftrike the Cola eel. The Colonel was a good deal cut with drink. Coming down the hall flair, he got a fall. which he thinks was owing :o his being intoxicated.-- After Peeing the Colonel into the barracks, witnefs returned and faw the men drawn up in line, and Captain M•Donogh at their head. At this time the crowd were quiet. Witnefs fai.i to the Captain, " You had better order the men back," terwhich he agreed ; and gave orders to countermarch to the barracks. The mob then fell a hallooing and making a great noife. 'Witnefs does nut recoi led whether the firing from the military, or the throwing of (tones from tho crowd, began fir('. —He was (landing dole to Captain M' Donogh, and is certain he gave no orders to fire, nor were any orders given, as he mull have heard them. The men broke from their ranks, and fired irregu larly. Some of the officers were abfent on account of a Court Martial. Witnefs faw no perfon in the crowd with flicks. At the commencement of the throwing of (tones, the left of the line had not I moved, the right had only begun to countermarch. Saw none of the elder citizens on the (beets. The witnefs did not know the mulkets were loaded with ball cartridge. as orders had been given the day be fore to give there up; and they had hecti left in their own rooms. Captain fvl.l)onogli was in mourning at this time. Could not tell how lorq the firing continued, as he and Captain M.Donogit were almolk immediately after made prifoners.-- There was firing after they were io cullody. Crofs•ezamined.—There was no firing till the men broke from the line, and commenced the irre gular firing; if there had been any he would hate heard it. Mr. John Ewen, merchant in Aberdeen, being called, Mr. GORDON, one of the Counfel for the prifo• nets, rote, and Rated, that thcre were fome circum : fiances which had come to the knowledge of the prifoners' Counfel, that induced them to challenge the appearance of this witnefs, at heel until they were fatisfied concerning the matters that teemed to be againft him. Mr. Goanow then produced s letter which was addrefted to Ccdonel Brownrig, Secretary to the Duke of York, as Commander in Chief. This letter was figned a Loyal Inhalikarti afirrdeert, and contained heavy complaints again& the public profecutor, for not doing his duty re fpeting what had happened in that town ; and, after naming the very perfon at the bar, called on the Duke of York to interfere, that they might be brought to trial and punifhment. This letter, the Counfel had tome reafon to believe. had been writ ten by Mr. Ewen ; and, as it contained expreffions inimical to the prifoners at the bar, they thought, if they could eftablifh it to be his writing, the ob. hition to him as a witnefs would be valid. They ad alto occafion to futpet that certain paragraph, which appeared in the Aberdeen Jotirnal were either written or correled by him ; and, as tome of thefe had the fame tendency, the fame objec- tion would apply. They therefore wished to exam mine Mr. Ewen on thefe points. Mr. Git.t.iss, one of the Counfel for the prole anion, Paid he had Hui( hefitation in laying that if the allegations now offered againft Mr. Ewen could be proved, he would not prth for produc tion of him as a witnefs. Mr. Ewen was then called, and, being illeWT2 the letter, denied any knowledge of it whatever. And, without any more queftions upon the head, his evidence was admitted. He Paid, on the 4th of June laft, the crowd on the ftreets of Aberdeen was not more in his opi nion, than what was ufual on the King's birth day. There were lonic boys toffing fluff at each other. His boy came in at evening, and raid he had been much frightned by a gentleman with drawn (word running after the people. He, the witnefs, shortly after this, went down into the ftreet, and a party of military came and formed aerials the ftreet. There was firing foon after ; and, from the reports of the muncets, the wieners thought they were charted with ball. The wit nets loon faw two men fall, and a third was thot in the arm. Upon this, he, the witnefs, went home. He did not fee any riot before the firing. Mr. Robert Gibb, merchant, Aberdeen, (aid, he was in the Town Hall on 4th June—when he left• it he went to the New Inn, and from the window obferved Captain M•Donoihalong with the crowd. He then went away and , returned with Lanigan. M'Donogh had his (word drawn, and Lanigan was at the head of a party with charged bayonets. There was a man under the window of the inn, and a ferjeant firuck him over the head with his halbert, and fome others knocked him dowi.— Witnefs and fome otherswent to Capt. M'Donogh, and afked him to withdraw the men, which he partly agreed to do, but Paid he bad been infulted, and they ought to a& pardon. Witnefs (aid, if he could point out the particular perfons, the Ma gillrates would punifh them next day ; and they propofed to fend for a Magiftrate to head the mi litary, but Captain M'Donogh Paid there was me occafion, for he would turn in the men. After this Captain M'Donogh took off his hat and ran' among the crowd, and then Enfign Lanigan, fup poling the mob had offered violence • to Capt. M'Donogh, ordered his men to charge bayonets. Witnefs then begged he would fend for a Magif trate, but Enfign Lanigan raid he would not, for Captain M'Donogh had been infulted. Withers then faw the men coming from the barracks in irre gular order, and he alked Enfign Lanigan if they were going to fire ? He anfwered they were not. A Lieutenant Brown laid to the men and officen then (Landing, that “ by Gon they would ruin the regiment, and if any thing happened to the town, Captain M'Donog h and Enfign Lanigan were wholly to blame. and that the men would do what they were bid." They then agreed to re turn the men to the barracks. and the witnefs and other citizens (aid they would Rand to prevent the mob from following them. They . began to move off; and when they had moldy rowed, the people huzzaed. Witnefs faw no (tones thrown, but after the huzza, an order was given to face and charge ; witnefs was then betwixt the military and the mob. Does not know who gave the order to face and charge. Captain M'Donogh was among the men, but does not know where. On the order being given, two of the ferjeants came out firft, with their men at their back. The witnefs and his friends endeavoured to flop them, upon which Serjeant Mackay laid hold of him. One of the ferjeants gave an oath, and raid he would be at the rebels. Some other men coming forward with fixed bayonets, he. the witnefk, ran of. Witnefs cannot point out the man who Paid he would he at the rebels. It appeared to the witnefs that Ser. jeant Mackay was not endeavouring to prevent the foldiers from milting upon the people, but ra. ther to lead them on. After this the witnefs ran down the fireet, and attempted to get into Coal mers-clofe, but it was fo full he could not get in. It was when fie heard the f.ring that he attempted to get into the clok. Juft at that time he alfo heard the word fire, but does not know by whom it was given. He ran actors the ftreets, and e fccond fire took place, and he then faw a man on the plain (tones fall. Witnefs is not fare but there was a fire in the interval. After an the firing, Proroft went up to the bamicks, he met when the t Serjeaut