The National Register. — London, England, 1822-06-17 00:00:00

188 THE LATE DUEL IN SCOTLAND. TRIAL OF Mt. STUMM HIGH COURT OF JUSTICIARY, Enrtcntraan. June 1 0 . At 10 o'clock Mr. Stuart entered the Court ; he was attended by the Earl of Moray. Admiral Fleming, Captain Gotdon, R. N.. David Erskine, Eq. ■nd son, of Cat-dross. Several of Mr. Stuarta friends who were advocates, Lad rre%iously taken their seats immediately behind the bar ; amongst oho/11We Motieed Robert Ferguson of Raith. Sea eral of the nobility and other distinguished persons were accommodated with seats on the Bem•h. Their hordithiim took their peels precisely at hulfittist ten. — Present, the Lord Joshes Clerk. Lord Herm:Lad, Luid Gillicit, Lord Pittuilly, and Lord Suecoth. The clerk then read the ic.tiament. the reading of the indictment having been eoncluded, and the Lord Justice Clerk having demanded of the accused his plot to this chat.ze. Mr. Stua4t answered, in an audible voice, My Lord, lam not zuilty." Mr. eockbarn, Mr. Stuart's counael, now rose, and animad verted with great severity on the manaer in which the indict ment was drown--he deried that Mr. Stuart had been anxious to seals qu .rrels —he had had them forced upon him by the falsest, most inttnotts, and scurrilous attacks upon his charac ter ; under which it a' as impossible for him to take any other coarse than he l.ad taken—a course the fatty event of which on person Using regretted more than Mr. Stuart himself. The Court ordered that part of the indictment which charged the accused with a design to chnlenge others of the lieges, to be struck out, and sustained the mks nary of the remainder. The Earl of n being called, deposed as follows : He was second to Mr. Stuart, and was present on the late ▪ holy occasion. Being requested to ..:.le the circum stances, he sail on the 25th of March last he a tilled on Sir A. Doswell, and told hint he had come at the desire of Mr. Stuart, Rad that Mr. Stuart had come in possession of certain papers, some of which appeared to be in Sir Alexander's handwriting, and bore the post-mark of Manehlin, and the ce'n'ter post mark of Glasgow. Some of them purported to he the originals of papers published iu the Gbasynrc ntinel, and one of them, particularly, a song, contniair ' . allusions disrespectful to Mr. Stuart's family, and charging Mr. Stuart with cowardice.— Among the papers there was a letter to the editor of the Srhti wd, signed A. Doswell, containing some praise of the snug, and other papers reflecting on Mr. Stuart, which were in the same handwriting with the letter which bore Sir Alexander's signa ture. The similarity of the handwriting and of the post-matk furnished so strong a rreaumption that Sir Alexander was the author, that he thought it propel to ask Sir Al, Sander if he wes the author, or if he had acid them to the newspapers, mating at the same tie that if .Sir Alexander could say that be was not the author, and had not sent theta to the newspaper, that would be conclusive, notwithstanding any evidence to the contrary. • . _ The ilalieitor-Ceneral.—Was any of er prrsnn present ? No. Then what was Sir Alextuider's answer ?-11e said that this was a delicate affair, and lie thought he ought to base a friend present. Witness said he thought it vet.) desirable. Sir Alexander went away, and returned with Mi. Douglas, when witness repeated *led he previously said. Sir Alexander and Mr. Douglas desired to confer together. Witoros we:it away, and when he retnrned. foetid Mr. Dougias elone. Mr. Douglas their said that he could not advise Sir Alexander to give any answer ; (hat Mr. Stuart was in porseision of the evidence on which this application rested ; but if this affair proceeded any further, there were two proposals he had to make :-1. Thlt tin meeting should take place within 14 days, because Sir A. bail some family besiuess to dispose of. 2. That the meeting, if any, !should take place span the Continent. Witness had eci hesitation in replying, that on these conditions he thortglit the terms were such as would be agreed to. Ile had copies of the manuscripts VA papers in his band when he called on Sir Alexander. Ile had a song and a paper sigued " Ignotus."-- Ile thought the son of far the more nonsequence, because it contained two direct imputations of cowardice. He considered Mr. Stiourte character implicated by those papers (which being shown the witness, he identified them in court.) Mr. Douglas said lie would not alt ise Sir Alexander to make any answer at Witness afterwards saw Mr. Stuart, end proceeded im snediatel to Mr. Douglas, and stated that witness was grieved that no alternative was left to Mr. Stuart ; that Vr. Stuart agreed to both the conditions stated by Mr. Douglas, namely, the delay of I I days, and that the tneettne should he upon the Continent ; and it was stated by Mr. Douglas that as soon as it should he conaeaient for Sir Alexander to he in London after Fettling his allhirs, witness should hear either front him or Sir Alexander. Witness said he should advise Mr. Stuart to have argent business in London. and to proceed there witilout Orley. Witness said that he should he also there an or before the Oth of April. It was agreed that all subsequent arrangements respretitig the meeting on the Continent should he settled when all the parties were in London. Witness then asked Mr. D. it there was any possibility of not (-riming this affair any further-- that Mr. Stuart would he (-redcat to treat the song as a very bad joke on his pit, pros ithoi Sir Alexander would may that he did rot intend any reflection en Mr. Stuart's courage. Mr Douglas said he had tin hope that Sir Alexander would may sny such thine. Witness left Mr. DOU lan to return to Fire, in the einviction that every thing was finally settled. The boat was ready. but before he embarked, he was accosted by Mr. Douzles, who said Sir A. bad takes the advice of a legal friend; and in consequence thought it no longer necessary to go to *lie 4:moment , and that he preferred to hose the meeting in Scot land. W itness objected, as there were many circumstance. that remitted it desirable that it should not be in Scetland, and Ise should eetmet the appointment of the place of meeting he reserved titl the meeting in London. One reason be named w - se . that be thought it poeeible Mr. Stuart might have till-early set nut for Loincloth After some discussion, Mr. Douglas re.- tnrud to saying at parting, thethit any rate, if the meeting took Once is Fiance, and Mr. Stuart fell, Sir A. could tilt be hanged for it. Mr. James Brougham called on witness wort morning at about from a quarter to eight to half taist end etleed that Sir Aleaardn had been hound over by the Sete riff of Edinburgh to keep the peace, and that it bad been settled that Sir Ater ander Cali ,11r. Stuart should meet at Aurli tertool that morning, and requested witness to meet Mr. Stuart, which he did. He went there, and bad some conversation, and tia:ct an a pioze of ground near the road side. Mr. Stuart and Sir Alexander arrived In carriages, and got out at the place shev bad fixed upon, he lieFt‘ed at ten o'clock. The pistols were produced by Me. flotillas and witness, Mr. Daeglas rat • eau; down, and witness standing ; Mr. Douglas received from *witness the measure of powder for each pistol, and the hall, 'and rscwund ahem down. There were hat two pistols. of eshit h Mr. Douglas tie k one, and whom.* the other. The ground was measset (I. 12 very long pares. The pistols were easdivered to the two parties teapeciut fly, one by Mr. Doez as THE NATIONAL REGISTER and one by me; and it WM agreed they should lire by a word. Mr. D.aiglas looked upon bon to give the word, which be osimess (Id, and they fired. Sir Alexander fell. Every possi:ile assistance was afforded to Sir Alexander, who was aided by medical assistants and Mr. Brougham, who during this transaction had retnableil upon a hill. 111 r.Stuat ; advanced with great anxiety towards Sir Alexander, whose situation and necessary treatmect rendered it impossible for Mr. Stuart to speak to hint. W itnesa hurried Mr. Stuart to go away. Those who remained, together with witness, lent their assist. ance to convey Sir Alexander to Balmuto. Before any thing took plane on the ground, Mr. Stuart asked wilvess if it was not lit that he should make a how to Sir Alexander, and express his wish for reconciliation. Witness thought it right. Mr. Stuart advanced towards Sir Alexander, appareutly for that purpose ; Sir Alexander's back was then turned, and he ap peared to lie walking away trom Mr. Stuart. the Solicitor General.—Mr. Wood, Mr. Liatou, Dr. Johns stop of Kb kahly, end indeed every person who was there. aided the deceased after he was smunded. Nothing material passed between Mr. Douglas and him on the field, relative to a reconcilation. Certainly every witness felt every way din posed to promote such an object, if such a propos:a loot come from Mr. Douglas and him the day before, be confessed that he thought the case was desperate. Cluiss•exainined by Mr. Jefi'rey.—Witness was satisfied in his own mind, thai the letter signed " Ignotus,” and the letter containing the song, were in the same band-writing as the letter bearing Sir Alexander's signature. There appeared smile slight difference between the writing of C e song and the letter, but as though ;Mended to appear to by the writer ; and upon coa sliteration he was led to conclude that they were the same.— '' he paper was of a different size, the ore being quarto, the other being folio. The water mark and the post mark of Mauchlin were the same on both. It was, and is now, the wit nesses npinion, that the case of identity we.s made out, and that both papers reflected au imputation of cowardice opou Mr. Stuart. There was nothing in his main. rof putting the ques tion, so far as witness could judge of his own u.annes6 that could have given the least offence, or caused the least (Inherit y in Sir Alesstailer's amwerittg, the question, if he had thought fit so to do; and he bad taken every pains to guard against such a misinterpretetion, for he had repeatedly pressed the obser cation that he considered Sir Alexander's word us conclusive against any presumption that had been raised to the coutuary.— Without any hesitation, he should have advised any friend to have answered the question, had lie not known the author.— la it ness did not know that Mr. Douglas said that Sir Alexander was the author; at least ho considered it an understood, an well from the previous evidence in his possession, as front the con versation which passed nn the occasion. From the whole of Mr. Stuart's conduct throughout the proceeding, there was no al•pearance of personal ill-will or resentment on the part of Mr. Stuart against Sir Alexander ; but only anxious to defend his own diameter from the imputations with which it haul been assailed, partichlaily flout that of cowardice. Found Mr. Stuart reasonable throughout the proceedings. Mr. Stuart's conduct, from first to last, was cool, composed, and tempe rate, and such as might be expected from a wan of constancy and courage. This oZiser. ation is applied as well to his con duet on the field as previously. Ou the field, witness desired Mr. Stuart to present his aide, and not his bust—Mr. Stoat t replied, Ido not think I ought to take an aim." The word agreed spun was (both parties having being asked if they were ready—'•Preaent, fire, - as quickly in succession as he thought they could be given. Both the pistols went off, also, as qu;ckly in succession as possible ; bat Mr. Stuart's pistol was rather the first. Received no informatinn, nor had he any belief, that Sir Alexander did not intend to lire. Such information cunning fs OW Sir Alexander would, to witness's judgment, have amount• ed to a declaration that Sir Alexander did not intend to light— it would have been impossible for him, after suet' an intimation, to have allowed any further proceeding. Never, from all his acquaintance with Stuart, knew a man less quarrelsome or I less vindictive. Mr. Stuart was occupied in public business, and made great improvements in the county of Fife. Never, though field sports were going on, saw Mr. Stua-t with a gun in his hand in his life. Mr. Douglas the deceased's second was next examined, but bis testimony differed in no material point from that of Lord Roselyn. Several other witnesses were examined, who proved the fairness of the manner in which the duel was conducted, and the evidence on both sides being closed, The Lord Advocate, in a short speech, addressed the Jury on the part of the Crown, in which lie contended that, by the law of the land, any person who killed another in a duel was guilty of murder, and that this charge bad been completely proved by the evidence. Mr. Jeffrey spoke at great length in favour of Mr. Stuart and commented with his usual ingenuity and eltoptenee, on the different charges in the indictment, contending, that the pri soner had not committed a great crime, but Lad fallen under a great calamity. The Lerd Chief Justice Clerk, in summing up, justified the accused from any charge of impropriety in the means which he had employed to obtain the papers from Mr. Borthwick. The Jery, without leaving the box, returned an unanimous verdict, by their Chancellor, Sir John Hope, finding Mr. Stuart Not Guilty of the etarges libelled• The verdict was retched by R very crowded Court, with loud cheers. Mr. Stuart was then dismissed from the bar, and in retiring was congratulated by a great number of his friends, A ennsiderable crowd occupied the Parliament-square all day, which greatly increased at night, when the populace be came extremely noisy Vk hen the verdict was announced at the door touch cheering followed, and the crowd rushed to wards a chaise in the Lawn Market, with the avowed purpose of taking WI the horses when Mr. Stuart should make his ap pearance, who, however, disappointed them by withdrawing privately. lie was afterwards discovered from Bank-street, as he was proceeding up St. Andrew's-street, and the people, met him in Thistle•street, but at his earliest solicitation left him t.. pursue his way home, after shaking hands with one of eleir number. He was a, cumpanied by the Fad of Hosslyn. The trial lasted 18 hours, arid was not finished till near live o'clock on Tuesday morniag. The Owen Glendower arrived on the 29th ult. at Copenhagen with Mr. Foster. the English am bassador to the court, on board, and Sir George Nayler. The latter is eommi:sioned, ttretlicr with the umbamidor, to prtscnt to the King of Denuiark the insignia of the Order of the Garter. The fri gate is commanded by the Hon. Captain Spencer His father, Lord Spriccr, was also on board, having taken the voyage fin the benefit of his health, though rumour says the visit to Copenhagen is con nected with a royal marriage. FltOM SATURDAY NIGII7"S GAZE"! TE. This Gazette notifies the appointment of W. Matthews, of the City of Gloucester, Gent. to be a Master Extraordinary iM the Court of Chancery. BANKRUPTCY ENLARGED. J. Dryden, Wood Street, Chem side, warehouseman, from June 22 to July 2. BANKRUPTCY SUPERSEDED. • .1. B idge, 311rp1;;iiicali 7r ri " BA N U F T S. W. N. Bales. Bilsion. Stathirdbhire, mercer. Solicitors, Messrs. Williams and Co. Linailn's Inn. W. Rashbruok. Lavenham, SittloUr, fanner. Sol. Mr. Chil. ton. Chancery Lane. A. Bateman, Bristol, victualler. Sold. Messrs. Poole and Co. Grays Inn Square. C. F. Maddock, Plymouth, linen draper. Sol. Mr. Hine, Temple. T—lcnkins. Llanvithen, Glamorganshire, dealer. Sol. Mr. Gregory, Clenienea Inn. M. Spoor, North Shields, uphohcerer. Sol. Mr. Francis, Sun Court. Cornhill. W. Watson, Melina Place, Surrey, brewer. Sols. Messrs. Vanderconi and Co. Dual' Lane, Cannon Street. N. Southampton, coacliniaster. Sols. Mesas. WWI and Co. Bcd:Oril Row. J. Huntington, Snowhill, jeweller. Sol. Mr. Mayhew. Chancdry Lane. W. Futhergill, Cannon Street Road, ship owner. Sol.. Mews. iaiud :rid Co. TiLogii,oiton Strett. 11. Trigg and J. Hatelilt; Hertford, timber merchants. Sol. Mr. Ilewrt, Tokenhouse Yard. It. Boardman, Liverpool, merchant. Sol& Messrs. Adlington and Co. Iletitord How. J. Cox, l'en,furtl, Sorncrsoshitc, mcalman. Sol. Mr. 11)::, Syniontra F. Natal), Merton, Sotncrsctthirc, clothier. Sos. Mrssrs. Adlington and Co. Bedford Itow. J. Bell, Suflitlk Lane, wine merchant. Sots. Alesars. Paterson and Co. Old Broad Street. W. Gould and F. Crossley, Maiden Lane, Wood street, Itobiers. Sol. Air. Arlen,Clitlitrtrb Inn. . . _ /I. F. Pc.erin, House. insurance broker. Sol. .Ir. EvAno, IlaLton Garden : .. DIVIDENDS. July 6, J. Card, Lloyd's Coffee Housa. morchant-6. Armstrong, Wiliam, Hampshire, wurseryman-6, T. Wilkins, Tower Street, oilman-6, C. Jennings, Portsta, grocer-6, A. Warner, St. Katharine Street, Tower, victualler -13, W. King, Birmingham, factor-13. J. Pridham, Exeter, innkeeper-16, J. Sill and W. Watson, Liverpool, merchants-9, W. P. Watts, Gosport, victualler-8, G. Parkinson, Failsworth, Lancashire, tanner-8, 1). Wilson and A. Gresdale, Manchester, drapers -16, J. Hassell, Richard Street, Islington, print and bookseller -13, C. Wathen, Salter's llall Court, merchant-6, T. Cooke and M. Brennan, Strand, dealers in music-2, J. Curtis, Fording Bridge, Hants, draper-9, D. Chaplin, Haverhill, Suffolk, rnaltster-6, W. Reid, sen. Rosomon Street, Clerkenwell, watch maker-8, E. Jacob, Llantrissent, Glanrorganshire, cattle dealer —B, B. Thomas, Newport, Monmouthshire, tallow chandkr -13, J. and J. Surrey, Mark Lane, mcalmcn-16, C. Hopper, Little 'Trinity Lane. lace dealt r—l 6, E. Alackavoy, Greenwich, Kent, victualler-13, T. Beltran), Stratford, Essex, narchant 13, P. Bordlen, Norton Falgate, hosier—Aug. 19, W. Cobham, jun. and T..loncs, Ware, Herta, bankers. CERTIFICATES to be granted J:ily 6. J. L. Findley, Alinories, clothes salesmanr.-W. Brett, Stone, Staffordshire, grecer—T. Freettly, Acton, Middles x,.baker— J.. 1. Corbyn, Freeman's Court, Cornhill, master mariner—J. S. Shuttleworth, Stratford on Avon, wire merchant—D. Gardiner, Chiswcll Street, hatter—J. W. 111.)jor, Emote Scissor - id, sumo setshire, clothier—lL Threlfall, Blackburn, Lancashire. draper —J. Edington, I.ower Thames Street, stationer—J. Chalmers, High Holborn, boot and shoemaker. PRICE OF STOCKS. Bank Slork 240 Oinoinns 0. 3 per Cell% Red. 79} Imp. 3 per Cent. 78e 3 per Cent. Cumuli. 91 lisdi.s Bonds 48 3i per Cent. ...Oi l lunia Stuck .1 per Gent. 96 I Exchequer Bills 9s. prem. s per Cent. Nab) , 102 j Cons. Ism Ac. 801 Emig. Auu. 18i Lottery Tickets £2l 18a. 11114: NATIONAL REGISTER. LottOon MONDAY, JUNE 17. The debate on Mr. Western's motion, for a Com mittee to inquire into the state of the Currency, was adjourned from Tuesday to Wednesday, when on a division, Mr. Huskinson's amendment, declar ing that the Ilouac would not alter the standard of gold or silver in fineness, weight or denomination, was carried by an immense majority. We very rarely approve of the votes of the House of Com mons, but we never disapprove of them, without being convinced that they arc, es they too often arc, at variance with justice, honesty, or sound policy-- in the present instance we rejoice at the defeat of Mr. Western. The distresses that would arise from a return to a metallic currency were foreseen, and the anticipations of thew did not exceed what has subsequently been realized; but we hope, and con fidently trust, that the worst of the trials are past —we look for a pregressive return of happiness and durable prosperity, and we should blush to learn, that a British Parliament could be finind, waver " lug between the question of enduring the difneul , ties of t i e preseut women.", or by postponing theta for a short period, creating at a distant day a re newed, increased, and insupportably accumulated distress—fur ourselves, we can sec no possible cad to be obtained by a risk of the kind, cm:cut the purchase of a short calm at the price of a e„avul 'ion, that would hurl every thing that is valuable into a new and irretrievable :fate of chaos.