Star. — London, England, 1803-01-11 00:00:00

LAW INTELLIGENCE. HIGH COURT OF JUSTICIARY. EDINBURGH, JAN. 3.—The trial of jam Miller and Alexander Mitchell, accufed of murder, came on this day before the Court of Seaions. The parties, together with Stephens and Shearer, who were ad mitted as evidence for the Crown, were charged with culpable homicide, in killing and flaying Mr. William Hutchinfon, writer in Edinburgh, on the sth of September lall, when coming up the public dreet, with flicks and clones, and wounding him on the forehead, in confequence of which, his fkull was fractured. which occafioned hit death on the Tuefday evening following.—There four perfons had been drinking together on the day named, and were (landing near the Canon-gate, when Mr. Butchinfon and a Mr. Black paired, with a dog following them ; one of the party (truck the dog with a cane; a fcuffie enfued for a long time, till at length the deceafed and Mr. Black were put to flight, when a large [tone was thrown, which hit the deceafed on the temple ; in confequence of which, he languifhed from that night till the fol lowing Tuefday, when he died.—Mitchell was ap prehended at Newcafile, and brought back. This trial occupied the whole of the day—The Loan Jusrica CLEaE fummed up the evidence with great perfpicuity, and the Jury found the parties guilty, art and part, of culpable homicide ; and they were fentenced to be imprifoned 5 week., and to Ix banybed from Scotland for the term of five ( RIOT AT ABERDEEN. JAN. 6.—This day the Court met to proceed in the trial of Lieut.-Colonel George Mackenzie, Capt. J. B. Macdonoch, Enfign George Lanigan, Serjeant Andrew Mackay, and Serjeant Alexander Sutherland, all of the late regiment of the Rofs and Cromarty Rangers, accufed at the infiance of Daniel Ras, and three other private profecutors, with concurrence of his Majetly's Avvocarr, of being guilty of the murder of certain perfons, named an the indiament, on the 4th ofJune lag, in the greets of the town of Aberdeen. When the names of the prifoners were called over, John Lanigan did not appear ; upon which James Montgomery, his Counfel, rofe, and was about to addrefs the Court, but he was informed that, un lefs his client was prefent, not a word could be fpoken by any perfon appearing for him. After being called, according to the ufual form, and not appearing, the Court pronounced lenience of fugitation againft him. All the other prifoners were at the bar, and the indictment being read over, they pled Not Guilty. Lord CRAIG, who fat as Prefident in abfence of LORD Jo:rice CLERK, faid, that, as defences had been given in on behalf of each of the prifoners, he thought it would be proper that thefe defences fitould be firft read, after which, as it might he expeaed that the Counfel for them would lead a proof in exculpation, the Court would expect they would Rate as particularly as poffible, fo as not to hurt the intereft of their clients, the nature of the proof they were to bring forward. His Lord(hip further obferved, that though in this indictment there were many relevant charges, yet there might be others to which the Counfel for the prifoners might oppofe cbjeftions, the Court would therefore capita that the objedlions and points of law would be Rated as precifely as porlible, fo that the Court might well underftand, and decide upon them, in the hearing of the Jury, before they were chofen. The defences were then read by the Clerk of Court, after which Mr. Horner role, and proceed ed to Rate the cafe on the part of the prifoners. Mr. Wm. Rae and Mr. John Burnet, two of the Connie] for the profecution, made a few obferva tions in reply.—The Court delayed further pro- cedure until tomorrow morning at ten o'clock Jaw. 7.—This day the Court proceeded in the trial which was adjourned yeßerday. COPY Or THS George, &c. Whereas it is humbly meant and complained to us, by our lovite Daniel Rofs, wood fawer in Aberdeen, father of the deceafed John Rofs, after mentioned; with coneourfe of our right trufty Charles Hope, Er+ our Advocate, for our intereft; upon George Mackenzie, late Lieutenant Colonel of the fencible regiment of Rofs and Cromarty Rangers, now reduced or dill banded, Felix Bryan Macdonogh, late Captain in thtfaid regiment, John Lanigan, late Enfign in the Paid regiment, Andrew Mackay, late ferjeant in the laid regiment, and prefent prifoner in the Tolbooth of Edinburgh, and Alexander Suther land, alfo late ferjeant in the laid regiment, and prefent prifoner in the Tolbooth of Edinburgh : That whereas, by the laws of this and every other well governed realm, murder k a crime of an heinous nature, and feverely punifhable ; yet true it is, and of verity, that the laid George Macken zie, Felix Bryan Macdonogh, John Lanigan, An drew Mackay, and Alexander Sutherland, are all, or one or other of them guilty, aftors, or art and part of the forefaid clime ; in fo far as, on the evening of the 4th day of June, tilos, a number of perfons having convened in the Cattle-then of Aberdeen, in the pariah of St. Nicholas, and coast. ty of Aberdeen, on occafion of the anniverfary of vur birth day, and having proceeded to amnia tbemfelves, as is nfual on foci; oceaGons, the Paid George Mackenzie. Felix Bryan Macdonoglhand John Lanigan, having, without any Jet tank, tal•en offence at the perfons:fo alTembled, did, after behaving in a molt violent and outrageous man ner, on the Grid Meet, ell or one or other of them, felonioufly iffued orders, calling out, under arms, * guard or party of the Paid regiment of Rofs and Cromarty Rangers, at that time Rationed in the guard houfe, fituated in the Paid Caiile-Rreet of Aberdeen; and farther did. all or one of them, feloninutly ;rue orders, calling out, under arms, the ma of the laid regiment of Refs and Cromar ty Rangers, then Rationed in Aberdeen barracks; in eonfeeprence or which crders, the raid guard, and the tell of the raid regiment, did come out and affemble under arms, and with ball cartridges, is the Paid Cagle-greet of Aberdeen, in pretence of, and under the command of the Paid George Mackenzie, Felix Bryan Macdonogh. and John T..anigart, or one or other of them ; and the Paid the raid George Mackenzie, Felix Bryan Macdo *NO, and John Lanigan, did all, as one or other of them, felonioufly order the faid guard, and the tell of the laid regiment, to prime and load their mufkets with ball cartridges ; and thereafter the laid George Mackenzie, Felix Bryan Macdonogh, John Lanigan, Andrew Mackay, and Alexander Sutherland, above complained on, did, all and each, or one or other of them, felonioufly, and without the order of a civil Magiftrate, order the laid guard, and the reft of the laid regiment, to fire upon the perfons fo affembled ; in confequence of which order, a number of innocent perfons were killed and wounded ; and in particular, John Rots, fon to the laid Daniel Rots, who was fiand ing peaceably on the pavement, called the Plain hones, in the faid Cagle Itreet of Aberdeen, in the parith and county aforefaid, did, on the evening aforefaid, and in confequence of the felonious or ders aforefaid, receive a mortal wound from a mufket fhot, in confequence of which he immedi ately expired ; and the laid perfons above com plained on, were all or one or other of them there by guilty, aetors, or art and part of the murder of the faid John Rofs. At leaft, the faid George Mackenzie, Felix Bryan Macdonogh, John Lam- i gan, Andrew Mackey, and Alexander Sutherland, did, time and place libelled, all and each, or one or other of them, felonioufly order, infticate, and encourage the faid guard, and the reft of the faid regiment to fire, and did aid and abet the faid guard, and the reft of the laid regiment, when fir ing upon the perfons affembled as aforefaid, and that, in particular, by running up and down in pretence of the faid guard, and the reft of the faid regiment, with their ( words drawn, in a violent and outrageous manner, and attempting therewith to wound and murder the perfons fo affembled, and by felonioufly pointing out to parties of the laid guard, and the reft of the faid regiment, the particular direeion in which they ought to fire, and being at pains to direct the levelling of the mufkets when prefented at the perfons fo affem. bled ; in confequence of which orders, inftigation, encouragement, aiding and abetting the faid guard, and the reft of the (aid regiment, did, time and place libelled, fire upon the perfons fo affembled, in confequence of which the faid perfons, and in particular the laid John Rofs was, time and place libelled, killed and murdered, in manner aforefaid; and the raid perfons above complained on, or one or other of them, were aftors, or art and part in the (aid murder : And the faid George Macken zie, Felix Bryan Macdonogh, and John Lanigan, having on the sth day of June, aloe, been carried before James Hadden, Efq. Provoft of Aberdeen, Peter Duguid, Charles Farquharfon, Walter Sime, and Alexander Galen, Efqrs, Baillies of the (aid city, did each of them feparately emit and fign a declaration : And the faid Andrew Mackay -hav ing, on the 7th day of the faid month of June, been carried before the faid Prima and Magif trates, did, in their pretence, emit and fign a de claration : And the raid Alexander Sutherland having, on the Bth day of June, rfloz, been carried before the faid Walter Sime, Baillie of Aberdeen, did emit and gn a declaration : Which feveral fi declarations, together with a plan of the ftreet cared the Cagle-greet of Aberdeen, are tobeufed in evidence againft the (aid George Mackenzie, Felix Bryan Macdonogh, John Lanigan, Andrew Mackay, and Alexander Sutherland ; and will, for that purpofe, be lodged in the hands of the Clerk of the High Court of' Jußiciary, before which they are to be tried, that they may have an opportunity of teeing the fame : At lean, time and place libelled, the laid John Rofs was murdered: and the laid George Mackenzie , Felix Bryan Mac donogh, John Lanigan, Andrew Mackay, and guard, and the reft of the faid regiment, having to alrembled, the numbers of perfons, inhabitants of the faid town, being then on the faid ftreet, amufing themfelves as is ufual on fuch occaftons, Alexander Sutherland, are all, or one or other of them, guilty, aaors, or art and part of the ta:a crime. All which, or part thereof, being found proven by the verdia of an Affize, before the Lord Juftice General, Lord jultice Clerk, and Lords Commiffioners of Jußkiary, in a Court of Julliciary to be holden by them within the Cri minal Court Houle of Edinburgh, upon the 6th day of January next, the faid George Mackenzie , Felix Bryan Macdonogh, John Lanigan, Andrew Mackay, and Alexander Sutherland, ought to be punifhed with the pains of law, to deter others from committing the like crimes in all time com ing. Our will is herefore, dec. Dated and dimmed the i6th December, Otos. After the prifoners were called, and before pro ceeding in the trial, Lord Doss:maw laid, that it was yeftarday his opinion, that from the impor tance of this trial, and the manner in which the indiement was laid, it would have been ufeful for the Court and Jury, to have had informations upon the points it embraced ; but as the learned Conn fd for the prifoners had Rated that they did not j mean to reft their detente upon whether fuch and loch crimes were committed, but limply that they I had no concern therein ; and had alto Rated that delay would be attended with great expence, he would, therefore, affent on his part that the Court fhould proceed today. Lord Mir N•aw (poke to the fame effee, and added, that it was of much importance for the Jury to have bad there paints of law difctafed,and it was what they were entitled to. Lord Coitus raid he found this eaufe and this indiament involved more important points of law than any which had ever come under his obferva don. With refpee to the different charges con tained in the indiament, he could have wilhed it had been, (tripped of every one but murder, and then it would have been kfs involved. As to what the proof might amount to, be could not lay, it might amount to murder, or culpable homicide, or pßifiable homicide; but whatever it may be, the Court ought to have bad full opportunity of judging of all the circuit:Rances and points of law on the libel. In the tourfe of the evidence there may occur many points of law extremely nice, which it would fall to the Court to determine. — They may be very intricate, and of foeh impor tenet, as to demand more deliberate attention of the Court tk.ary can this day be given. He agreed with what had been well laid by his Learned Bro diet who (poke lag, that the jog were entitled to this, in order that they might be fully latisfied how the law flood upon every point. It it is com plained, that the expense of delay would be great, that is the lank of the parties, who had it in their power to have brought the trial on looney had they inclined, and then the points of law might have been maturely confidered. His Lordlhii. concluded by laying, that he could not acquiefee with what had been propoled. Lord ARMADALE made feveral remarks upon the drawing of the indi4lmcnt, and thought the Court might pronounce an interlocutor finding it relevant. Lord CRAIG laid—When he fiat read this in diftment, he did with there had been informations on it, not only fur the fake of the prifoners, bin for his own latisfaCtion and that of the Court, who ought to have poeled every information up on foextremely nice, and at the fame timer() impor tant a quellion, where the law of the Country was much concerned. His Lordlhip after a few more remarks upon the safe, concluded by acquiefcing in what he underflood to be the opinion of the majority of the Court, that they Ihould proceed to the trial.—The following Jury were thenfworn : William Fettes, merchant in Edinburgh. l i Thomlts cranfloun, writer to the fignct. James Davidfon, writer to the lignet. Coll Macdun dd, writer to the fignet. Simon Enter, Efq. advocat William Richardion, merchant in Edinburgh. Alexander Cunninghame,baker in Edinburgh. George Spankie, merchant in Edinburgh. David Thomfon, merchant in Edinburgh. William Crombic, merchant in E' . nrgh. Robert Jamiefon, merchant in Leith. Peter Wood, merchant In Leith. Ellis Martin, merchant in Leith. William Ker, merchant in Robert Ramfay, jun. merchant in Leith, EVIDENCE FOR. THE PROSECUTION. Mr. John Garioch, merchant in Aberdeen, raid, on the 4th June, between fcven and nine in the evening, he was in Gordon's Inn, (landing at the window, and faw a number of boys throwing dirt and wet ftraw at one another, and at the people on the flreets, fometimes at the citizens and fame times, at the military. About eight o'clock law Col. M'Kenzie going towards the barracks at eaR end of the ftreet. About fame time law Captain M'Donogh. He, the witnefs, then went to the higher floor of the coffee-room. Between eight and nine f. equett ly law M'Donogh on the fireet, , and boys and men throwing dirt at him. A t one time faw a boy throw a whole handful of dirt in his face, fo that the one fide of his face was quite covered with mud. The people who did throw, or who threatened to throw, be ufed to run after with his fword in his hand. About fame time f.,w Enfign Lannigan.—Several minutes before nine o'clock law the guard brought out by Captain M'Donogh. Does not remember any attack made on the guard before this. The guard-houfe is nearly oppofite to Gordon's Inn. Did not fee any Ropes thrown before the guard was turned out. About this time faw one of the town ferjeants in the greet ; he appeared to be perfuading Capt. M'Donogh to take back the guard to the guard. houfe. About nine few Captain M'Donogh with foldiers on each fide of him go towards the Town. houfe. The foldiers were carrying arms. About ten minutes after this he faw a party of about 3o come from the barracks and join the guard. Before and at this time, he faw Lannigan running through the fireets and making thrulls at the people with his fword. Q . Did you think at this time there was any not on the flreets to jullify or require the guard being called out ? In anfwer, vritnefs Paid he could fearcely call the people a mob at this time. He law them doing nothing but throwing dirt as they had been doing before. Witnefs did not fee any thing thrown at the foldiers on guard, but it might be fo. He has often been in Aberdeen on former celebrations of the King's birth day, and upon this occafion he law nothing more of riot in Cagle-ftreet, than on any other year.— About a quarter pall nine he law foldiers coming running out from both fides of the guard finale, where there was a temporary (bade, and fame (tones for building, intercepted his view. Lannigan was along with them, and at one time faw him pull ing one of the Mien forward, by the coat.— The guard were running after the people with bar onets charged, and the people made no refißance one or two of the guard fired at this time.— He (hortly after faw the whole regiment coming down from the barracks. Captain M'Donogh had previoully gone up to the barracks, and he tetorned with the men. When they came down one-third of the greet, before they reached the guard-houfe, they were drawn up acrofs the !tree. The line was toolong for the breadth of the greet, and was doubled at north end. Captain M'Donogh was then in front of the line. The witnefs called from the window where he was, to a Captain Adamfon, below, and begged of him if he knew the officen to (peak to them, as he feared mifchief, becaufe he had teen the foldiers pnrfuing the people, and fome of them had fired. Witnefs then ran down to the flreet. and in the paflage law Serjeant Pherfon of the volunteers, whom he defired to go to the Provoft and tell him what he had ken. and requeft theMagiarates would come and take com mand of the military. This was about half pall nine o'clock. Witnefs then returned to the window of the Inn, and-faw Captain M.Dnntigh and !lime other officers walking in front of the line, and then he diftinaly heard the orders given by Capt. M'Do nogh to prime and load. The men immediately, along the whole line, primed and loaded. The wit nefs then went toithe t hirdfloor, and law from a win. dow the foldiers farther down the greet than where they had been firftdrawn op. They were in differ. est partiesand firing : it was then almoß ten o'cloc k. At one time be law, while the foldiers were run ning in the Rreets, fome of them run up to a man. who flood Rill, and they knocked him down, and (truck him with the butt end of their mufkets,and gabbed him with their bayonets. Before be was attacked, he was (landing with bis arms acrofr, not doing any thing. Witnefs then went down to the greet a fecond time, and faw one of the town feleants. and f:nt again to the Magill - ate*, de firing they would come out. He alto then law Serjeant M.Pherfon, who told him lie had been at the Provoti. Witnefs then went to tit: Town, hot& and faw the Provort and Magißrates. and feveral other people with them. Witnefs laid, G0...1 Goo. Gentlemen, what are you doing here—why don't you come out? Before this, witneti, had le,:n two people fall on the ftreet during the firin4. A soy fell at the weR end of the plainaones. W Inlets thought the boy was counterfeiting, as he did sott think the military were firing hall. The o'hcr per fon fell nearly oppofite the New Inn. When wit nefs went to the Magistrates lie told them he had Peen Tome people (hot in the fireet, and if.they Ropt longer, more would be killed. Witnefs atided,that if they would go, he would go at their head.- -One of them replied, " Perhaps we may be fh. , t too." Witnefs told them. that if they would go with the town ferjeants every body would know who they were. Shortly after this they went not with the town ferjeants. There was no firing after this. MA of the foldiers had, by this time, gone to the call end of the ltreet, and tome of them went into a narrow lane. There was a ferjeant behind the rest, whom the Provoft fpoke to, and defired him to take the foldiers immediately to the barracks. In this narrow lane, which leads to the barracks, he faw a ferjeant, and the Provoft in. formed him that he was Chief Magiftrate, and he mull immediately make Italie to the barracks He anfwered, I am a foldier, and know no M.igif crates ; upon which the Provoß gave him a blow with his batton, and raid, will you obey that?— After this they went all into the barracks. After the firit or fecond tiring, witnefs faw about a do zen of people throwing (tones at the men who were (landing at the guard•houfe. He faw no other ditturbance, but there might be tome occur rence while he was abfent at the Town.houfe. Crofs.examined.—From the time betvrizt his fending Serjeant M'Pherfon to the Magiftrates and the time he went hirofelf to them it might be half an hour. In the courfe of the evening he few Captain M'Donogh two or three different times addreffing the people with his hat off, in conciliat ing terms. At one time he went in among the midtt of them and (took hands with tome of them. He held up hishat and huzzaed with them ; but he was very inconfiftent, for the very next moment he would be running after them with his (word drawn. He faw the foldiers after the fecund firing drawn up in a dole column, and they marched into the lane that leads to the barracks, and when they were nearly all in the lane the people began to 'Rizzo, upon which the foldiers returned, routed into the streets, and fired in all direCtions through the fireets. The Magiftrates had not come out before this. Q_ueflioned by profecotor.—Whether did you think the diflurbances began by the military or the people ? Mr. ERSKINE, kr the defendants, objeaed to this queftion being put. It was merely a matter of opinion, not a matter of &Et, and it was quire im proper to put fuch a queftion after the witnef, had given his evidence upon which the Jury were to judge. Mr. GI Lt.ss raid, he confidered himfelf at full liberty to put this queftion. It is to learn the im preffion which a fae might have upon the witnefres mind at the time. It is alike neceffary and com petent. It is, perhaps, as necell.ry for the defen ders as for the profecutors. Mr. EILSKIIII Paid, if the gentleman will mew that the qaellion he has put relates entirely to fad:. and not opinion, then it undoubtedly is competent, but he rather willies to eftablith an opinion in place of a fad. The Court refolved to put this queftion. QWhat were the circumftances which was finned difturbante that evening ?—A. I certainly confider that it was owing to the military having been infulted by the m3b throwing dirt upon them. I mean both the officers and foldiers. Q . ...Wh0 commanded when the regiment was in line, and who when they were marched back ? A. Capt. M'Donogh commanded when they were in line. I do not know who commanded when they were marched back. Mr. John Dingwall, merchant in Aberdeen. The witnefs Paid he was not a fubcriber to carry on the profccution. Q... Did you erprefs yourfelf, next day after this unhappy affair, in ftrong terms againft the con due of Captain M'Dnnogh, and fay hanging was too little for him —A. I might have e spectre/1 my fell in terms of difapprobation againft Captain M'Donogh's conduct as extremely improper, but never fpake of hanging. Witnefs Paid he returned to his own honk, near the Guard Houle, about eight o'clock,and raw fume town ferjeants among the crowd, perfnading Capt. M'Donogh to go to his lodgings. He appeared much agitated. After this witne(s went to his own lodgings, and, looking from his window, raw Capt. M'Donogh haranguing the mob, fonsetinses in good humour, fometimes in bad, but law no blowa.-- He had his fword drawn moll of the time, fortis times brandilbing it, and fometimes ender his I arm. After this, the vritnefsfaw Colonel *Ken zie very much intoxicated. He fell twice, and the other officers were fupportiag him. This made th e boys laugh, at teeing the Colonel fall, but no thing was thrown. Captain M• then difappeared, and loon returned !rt. ' : °i re regi ment from the barracks, which he formed serifs Caffie ftreet. Captain M'Donogh had the com mand, and gave his orders very diftinaly. He gave out this command o with powder and bar,. prime and load." This he repeated twice. Wit nefs thought the order had been given to intimi date the mob. He thought it given in that kind of way, and could not believe they had really Powder and ball. A promifessous firing then began at the Doi th of the line. By this time witnefs had not teen the mob do any thing that he would have thought could have jellified a man in almoft clinching his fill. This firing took place previous to the foldiers making any inoti..” to march back to the barracks. Wieners did net hear Captain M'Donog h t• the order to Ire.— He faw the fargei the regiment, preying' to this, enderivounng to can& hf•Doeogh to defi ft. The f..ldiers went back to the hirracks, nod returned again. after which there macetiressr firing. Minds was Provo. of Aberdeen • before thia,—(Te k naiad ts me .w) immAi ljls ,rps rpmai. ,, .