The National Register. — London, England, 1822-06-16 00:00:00

S 78; THE L.LTE DUEL IN SCOTLAND. MU. Or MR. STUART. 111GII COURT OF JUSTICIARY, FOrNnottort, June in. At Id o'cloek. Mr. Stuart entered the Coma ; he was attended by the Eerl of Moray. Admiral Fleming, Captain Gordon, R. N., David Erskine, Esq. and son, of Cardress. Several of Mr. Stuart's friends who wee• nilvocates, had previously taken their seats immediately b. him: the bar ; amongst whom we noticed Robert Ferguson of Heidi. S..reral of the nobility and other distinguished persons were accommodated with %rata on the Bench. Treir Lordslii;ts took their seats precisely at half.past ten.— l'i•e •ent, the Lord J1141i,.. C:erk, Lord Lord Gillies, Lor I , and Lord Succoth. ie clerk thee read the indictment. The reading of the indictment Naving been concluded, and the Lord Justice Clerk hat itt demehiled of the accused his plea to this charge, Mr. Stuart answered, in ao audible. twice, " My Lord, I am not Lmilty." Mr. Cockburn, Mr. Stuart's counsel, now rose, and animad verted with great severity on the manner in which the indict meat was draw n—he denied th.t Mr. Stuart had been anxious to seek quarrels—lie had had them frtrced noon him by the fal'est, most infamous, and scurrilous attacks upon his charac ter ; ler which it wan impossible for him to take any other cu arse then he had taken—a course the fatal event of which no person living regretted mote than Mr. Stuart himself. The Court ordered that part of the indictment which charged the accused with a design to challenge others of the lieges, to be struck out, and sustained the relevancy of the remainder. ('lie Earl of Rosalyn being called. deposed as follows : Ile was second to Mr. Stuart, and was present on the late melanolioly occasion. Being requested to state the eircuiti :defuses, he said on the 2511 i of March lad he called on Sir A. Boswell, and told him i.e had come at the desire of Mr. Stuart, and (list Mr. Stuart ha.' conic in possession of certain papers, 111:1110 of is h Dimmed to he in Sir Alexander's hand writing, and bore the post-mails of Mauchlin, and the counter post mark of Glasgow. Some of them purported to be the originals of papers published in the Glasgow S•ntin4, sod one of them, particularly, a song, containing allusions disrespectful to Mr. Staines fetidly, and charging Mr. Stuart with cowardice.— Among the papers there was a letter to the editor of the Swai m.% iiigned A. Boswell, containing some praise of the song, and tither 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-mark tut Melted se Aron a presumption that Sir Alexander was the author, that lie thought it proper to ask Sir Alexander if lie was the author, or if lie had sent them to the newspapers, sating at the same time, that if Sir Alexander could say that lie was nut the author, and had not sent them to the newspaper, that email be conclusive, uotwitlistanding any evidence to the contrary. The Solicitor-General.—V.'s% any other person present ? No. Then what was Sir Alexander's answer t—He said that this was a delicate affair, and he thought lie ought to have a friend present. Witness said lie thought it verb desirable. Sir Alexander went away, and returned with Mr. Douglas, when witness repeated what lie previously said. Sir Alexander and Mr. Doughs desired to confer together. Witness went away, ned when lie returned, found Mr. Douglas alone. Mr. Douglas then said that lie could not advise Sir Alexander to give any answer ; that Mr. Stuart was in possession of the evidence on veld this application rested ; but if this affair proceeded any further, there were two prophets lie had to make :-1. That no meeting abould take place within li days, because Sir A. had some family business to dispose of. 2. That the meeting, if any, should take place upon the Continent. Witnese had no hesitation in replying, that on these conditions lie thought the terms were such as would be ngreed to. lie had copies of the manuscripts and papers in his hand when lie called on Sir Alexander. lie had a song and a paper signed " Ignottis.”— Be (bought the wing of far the more consequence, because it coatained two direct imputations of cowardice. Ile considered Mr. Stout's character impli .aped by those papers (which being shown the witness, he ideutilied them in court.) Mr. Douglas said he would not ads ise Sir Alexander to make any answer at all. N itneas afterwards saw Mr. Stuart, and proceeded int inedittely to Mr. Douglas, and stated that witness was grieved that no alternative wita left to Mr. Stuart ; that Mr. Stuart agreed to both the conditions stated by Mr. Douglas, namely, the delay of 1.1 days, and that the meeting should be upon the Continent ; and it was stated by Mr. Douglas that RA !WON as it should be convenient for Sir Alexander to be in London idler settling his attains, witness should hear either from him or Sir • Alexander. Witoess said he should advise Mr. Stuart to have argent business iu London, and to proceed there without delay. AV eines% said that lie should be also there on or before the Gth of April. It was agreed that all subsequent arrangements respecting the meeting on the Continent should be settled when all the parties were in London. Vk itness then asked Mr. I). it there was any possibility of not carrying this affair any further—that Mr. Stuart would be content to treat the song as a sery bad joke on his part, provided Sir Alexander would say that lie did not intend any reflection on Mr. Stuart's courage. Mr Douglas void lie had no hope that Sir Alexander would say an: such itness left Mr. HOD, laS to return to Fife, in the cons iction that every thing was filially 'settled. The boat was ready, but before he embarked, be was accosted by Mr. Douglas, who said Sir A. had taken the advice of a legal mend; and in conseqnence thought it no longer necessary to go to the Continent, and that lie preferred to bate the meeting iu Scot land. W knees objected, as there were many circainstance. that rendered it desirable that it should not be in Scotland, and lie should expect the appointment of the place of meeting to hit reserved till the meeting in London. One resents be named way, that he thought it possible Mr. Stuart might have already set out for London. After some ditcassion, Mr. Douglas re turned to Edinburgh, baying at parting, that'd any rate, if the meeting took place in France, and Mr. Stuart fell, Sir A. could wst be hanged for it. Mr. James Brougham called on witness neat morning at abourfrom a quarter to eight to half past eight, and slatted that Sir Aleasnder had been bound over by the Sheriff of Edinburgh to keep the peace, and that it had been settled that Sir Alexander and Mr. Stuart should meet at Auch eeteaol that morning, and requested witness to meet Mr. Stuart, I.llllth he did. Ile went there, and had mime conversation, and fixed cm a piece of grontel near the road side. Mr. Stuart and Sir Alexander arrived in carriages, and got out at the place they had fixed open, he believod at ten o'clock. The pistol* were produced by Mr. Douglas and witness, Mr. Douglas sit. tang down, and witness standing; Mr. Douglas received from 110.1A11004 the measure of powder fur each pistol, and the ball, mad rammed them down. There were but Iwo pistols. of which Mr. Douglas took one, and withers the other. The ground was measured, 12 very long paces. The pistols were sick+, ere.d to the 'two patties reepecaitely, one by Mr. Douglas TIIE NATIONAL REGISTER and one by me ; and it was agreed they should fire by i word. Mr. Douglas looked upon hiw to give the word, which he (witness) did, and they fired. Sir Alexander fell. Every pnesifile assistance was afforded to Sir Alexander, who was aided by neediest assistants and Mr. Brouglinin, who during this transaction bad remained upon a hill. Alr.Stuart advanced with great anxiety towards Sir Alexander, whose situation and neceesary treatment rendered it impossible for Mr. Stuart to speak to him. Winless hurried Mr. Stuart to go away.— Those who remained, together with witness, lent their assist mice to convey Sir Alexander to Balmuto. Before any thing took place ore the ground, Mr. Stuart asked witness if it was not fit that he should make a bow to Sir Alexander, and express his wish for reconciliation. Witness thought it right. Mr. Stuart advanced towards Sir Alexander, apparently for that purpose ; Sir Alesender's back was theft turned, and lie ap peared to be walling away from Mr. Stuart. The Solicitor Genefal.—Mr. Wood, Mr. Liston, Dr. Johns ston of kirkaltly, and indeed every person who was there, aided the deceased after lie was wounded. Nothing niateiial passed between Mr. Douglas and him on the field, relative to a reconciliation. Certainly every witness felt every way dis • posed to promote such an object, if such a proposal had come from Mr. Douglas and I • the day before, lie confessed that he thought the case was desperate. Cross-examined by Mr. Jeffrey.—Witness was satisfied in his own mind, Thai the letter signed .• Ignotus," and the letter containing the song, were in the Name hand-writing as the letter hearing Sir Alesauder's signature. There appeared some slight difference between the athlete of the song and the letter, hut as though intended to appear to by the writer ; and upon con sideration he was led to conclude that they were the same.— The paper was of a clitferent size, the one beiug quarto, the other being folio. The water mark and the poet nook of Mauclilin were the same on both. It was, and is now, the wit nesses opinion, that the case of identity was made out, and that both men reflected au imputation of cowardice upon Mr. Stuart. 't here was nothing in his manner of putting the ques tion, so far as witness could judge of his own menet% that could have given the least oar nee, or caused the least did icnl y in Sir Alexander's answering the question, if lie had thought lit so to do ; and he bad taken every pains to guard against such a misinterpretation, for he had repeatedly pressed the obser vation that he considered Sir Alexander's word as conclusive against any presumption that had been raised to the contrary.— Without any hesitation, he should have advised any friend to bare answered the question, had lie not known the author.— Witness did not know that Mr. Douglas said that Sir Alexander was the author ; at least be considered it so understood, as well front the previous evidence in his possession, as from the con versation which linseed on the occasion. From the whole of Mr. Stuart's conduct throushout the proceeding, there was no appearance of personal ill-will or resentment on the part of Mr. Stuart against Sir Alexander ; but only anxious to defend his own character from the imputations with which it had been Assailed, particularly from 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 man of constancy and courage. This observation is applied as well to his con duct on the field as previously. On the field, witness desired Mr. Stuart to present his side, and not his host—Mr. Stuart replied. "I do not think I ought to take an aim." The word agreed upon was (both parties having being asked if they were ready—" Present, fire," as quickly in succession as lie thought they could be given. Both the pistol* went off', also, as quickly in succession as possible ; but Mr. Stuarts pistol was rather the firs!. Received no information, nor had lie any belief, that Sir Alexander did not intend to fire. Such information coming from Sir Alexander would, to witness's judgment, have amount ed to a declaration that Sir Alexander did not intend to tight it would have been impossible for him, after such an intimation, to have allowed any further proceeding. Never, from all his acquaintance with Mr. Stuart, knew a man less quarrelsome or less vindictive. Mr. Smart was occupied in public business, and made great improvements in the county of Fife. Never, though field sports were going uu, saw Mr. Stuart with a gun in his hand in his life. Mr. Douglas the deceased's second was next examined, but his testimony differed in no material point flow that of Lord Rosslsn. 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 elovense, on the ditl'erent charges in the indictment, contending, that the pri soner had not committed a great crime, but had fallen wider a great calamity. The Lord 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. Bortbwick. The Jury, without leaving the box, returned an unanimous verdict, by their Chancellor, Sir John Rope, finding Mr. Stuart Not Guilty of the charges libelled. The verdict was received by a very crowded Court, with loud cheers. Mr. Stuart was then dismissed trout the bar, and in retiring was congratulated by a great number of his friends. A considerable crowd occupied the Parliament-square all day, which greatly increased at night, when the populace be eline extremely noisy 11 lieu the verdict was announced at the door much cheering followed, and the crowd rushed to wards s chaise in the Lawn Market, with the avowed purpose of taking oil the horses when Mr. Stuart should make his ap pearance, who, however, disappointed them by withdrawing privately. He was afterwards discovered front Bank-street, as he was proceeding up St. Andrew's-street, and the people, met hint in Thistle-street, but at his earnest solicitation left hint to pursue his way home, after *baking hands with one of their number. He was accompanied by the Earl of Roselyn. The trial lasted Its hours, and was nut tiuiahed till sear tit e o'clock on Tuesday morning. lie I The Owen Glendower arrived on the 29th ult. 1 at Copenhagen with Mr. Foster, the English am bassador to the court, on board, and Sir George Nayler. The latter is commissioned, together with the ambassador, to present to the King of Denmark the Insignia of the Order of the Garter. Me fri gate is commanded by the lion. Captain Spencer.— His father, Lord Spencer, was also on board, having taken the voyage for the benefit of his health, though rumour says the visit to Copenhagen is con nected with a royal marriage. FROM LAST NIGHT'S GAihTTE. This Gazette notifies the appointment of W. Matthews, of the City of Gloucester, Gent. to be a Mater Extraordinary is the Court of Chancery. • -.. BANKRUPTCY ENLARGED. .1. Dryden, Wood Street, Cheapside, warehouseman, from June n to July 4. BANKRUPTCY SUPERSEDED. J. Midge, :Harple, Cheshire, shopkeeper. BANKIIUPTS. W. N. Hales. Bilston. Staffordshire, mercer. Solicitors, Messrs. Williams and Co. Lincoln's Inn. W. Raslibmok, Lavenham, Sufiiilk, fanner. Sol. Mr. Chil ton. Chancery Lane. A. Bateman. Bristol, victualler. Sols. Messrs. Poole and Co. Gray's Inn Square. C. F. Alus'alock, Plymouth, linen draper. Sol. Mr. Hine. Temple. T. Jenkins, I.lanvithen, Glamorganshire, dealer. Sol. Mr. Gregory, Clement's Inn. M. Spoor. North Shields, upholsterer. Sol. Mr. Francis, Sun Court, Cornhill. W. Watson, Melina Place, Surrey, brewer. Sols. Mes.ls. Vandercom and Co. Bush Lune, Cannon Street. N. Harris, Southampton, curichmuster. Sots. Messrs. Wills and Co. Bedford Row. J. Huntington, Snowhill, jeweller. Sol. Mr. Mayhew. Chancery Lane. W. Fothergill, Cannon Street Road, ship owner. Sole. nesqs. Nind and Co. Thiogniorton Street. H. Trig and J. Ratcliff, Hertford, timber merchants. Sul. Mr. Hewitt, Tokenhouse Yard. IL Boardman, Liverpool, merchant. Sols. Messrs. Adlingt.n and Co. Bedford Row. J. Cox, Pensforsl, Somersetshire, mcalman. Sol. Mr. D .z. Symund's Inn. F. Naish. Twerton, Somersetshire, clothier. Sols. Mcsrrz. Adlington and Co. Bedford Row. J. Bell, Suffolk Lane, wine merchant. Sols. Messrs. Paterson and Co. Old Broad Street. W. Gould and F. Greasley, Maiden Lane, Wood Street, hosiers. Sol. Mr. Arden, Clifford's Inn. H. F. Pelerin, Lloyd's Coffee House, insurance broker. Sol. Mr. Evans, Hatton Garden. DIVIDENDS. July 6, J. Card, Lloyd's Coffee House, merchant-6, .1. Armstrong, Odiharn, Hampshire, nurseryman-6, T. Wi.kins, Tower Street, oilman-6, C. Jennings, Portsea, grocer-6, A. Warner, St. Katharine Street, Tower, victualler—l3, %V. King, Birmingham, factor-13, J. Pridham, Exeter, innkeeper-16, J. Sill and W. Watson, Liverpool, merchants-9, W. P. Watt, Gosport, victualler-8, G. Parkinson, Fmilswortli, Lancashire, tanner-8, D. Wilson and A. Grestlitle, Manchester, drapers -16, J. Hassell, Richard Street. Islington, print and bookseller -13, C. Wathen, Salter's Hall Court, merchant-6, T. Cooke and M. Brennan, Strand, dealers in music-2, J. Curtis, Fording Bridge, Hants., draper-9, D. Chaplin, Haverhill, Surlirik, In:sheer-6, W. Reid, sen. Rosumon Street, Cierkenwell, watch maker-8. E. Jacob, Llantrissent, Glamorganshire, cattle dealt r —B, B. Thomas, Newport, Monmouthshire, tallow chandler -15, J. and J. Surrey, Mark Lane, mealmen-16, C. Hopper, Little Trinity Lane, lace dealer-16, E. Mackavoy, Greenwiel., Kent, victualler-13, I'. Belham, Stratford, Essex, merchant -13, P. Boullen, Norton Falgate, hosier—Aug. to, W. Cobham, Jun. and T. Jones, Ware, Herta, bankers. CERTIFICATES to be granted July 6. J. L. Findley, Nlinories, clothes sitlesnian—W. Brett, Stone, Staffordshire, grocer—T. Freethy, Acton, Middles x, baker— J. J. Corbyn, Freeman's Court, Coruhill, master mariner—J. S. Shuttleworth, Stratford on Avon, wine merchant-1). Chiswell Street, hatter—J. W. Major, Frome Selwood, Soinet— setshire, elothier—H. Threlfall, Blackburn, Lancashire, draper —J. Edington, Lower Thames Street, stationer—J. Chalmers, High Holborn, boot and shoemaker. STOCKS. Offinitem 0. hop. 3 per Cent. iSo India (toot 4S India Stock Exchequer Bill. prem. tong. tor Ac. 60i Lottery T.cket vEil 1.35. PRICE 04 Bank Stork 2W 3 per Cent. Ked. 3 per Cent.Cansola 34 per Cent. ! , .91 4 per Lent. tiSi !, per Cent. Navy MI Long Ann. 19f THE NATIONAL REGISTER. LonUon SUNDAY, JUNE 16. 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 House would not alter the standard of gold or silver iu 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 are, as they too often an:. 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 them did not exceed what has subsequently been realized; but we hope, and con fidently trust, that the worst of the trials are —we look for a progressive return of happiness and durable prosperity, and we should blush to learn, that a British Parliament could be found, waver ing between the question of enduring the difficui ties of the present moment, or by postponing theta fur a short period, creating at a distant day a re newed, increased, and insupportably accumulated distress—for ourselves, we cau see no possible end to be obtained by a risk of the kind, except the purchase of a short calm at the price of a convul sion, that would hurl every thing that is valuable into a new and irretrievable state of chaos.