The British Press; or, Morning Literary Advertiser. — London, England, 1826-09-27 00:00:00

. - . . . . , _-... - .. .. • • • -• • , • .. . - . . . • • _..._ ~.,. .., . ~ ~../ , ,d . ,,,, , ,, 4 ' 7 ,- 2 - f. . 4'.. 4' ? -- l e ''.°l: C Y- • ('-'' ' ' ' / 7 / /: - )al - e AA-. / 1 e. ` - t•' - ' Of ' tr. ~ .. „._ , -izt.r, • •*:- • , ..:. ' - f r , ---- • ‘N. i - , P ' * • ~....4 . . , .."?.." e_ r .... -. • , .. _ - ~....7 I re: -.. ••:;" •, , ' .• N `' • ' •fr 1 4. : :: ' .. ..._;'; '.. 0 ;,. " ' . • 3 0 ,. •' , , 1. ~. . , . : 4 5 . . 1 ( .0 },-. '. • . ... . $, ~- ...., ~..„,, • -.. . 1: N 4 4, , ~ f, . . f. • .... • ;,1 ------- ---aul i Ito' irttill ,. ir •t ' .•- • : .'s* ' .l --,' "' • ":. 1 .4. 1 .; .., •.•s i • , t . ''''.7 - . .. .-...!. "/ ( V ss' s 'sty .":' \ , *". r ' •-.- s r : • i s - " ' . ' -A:, C---- s '' el .%%,,`, 1: •\ , t. s. , e*". Atr A '• - ass .7 -° C.- - '- -2 . ~„.... ~.... - i fa i...." -- .r„; .. „ „j3 t ,.. --- a , 4r - ' ,-- 4 4 . 1, • -ct' '' ..e4 • • .1* . . - "1 $ Irtiall 1.- r: firs: ..v . , Irril.tGrv. --- .. . . • . L()N1)()N , W EI)NESI)AY, WPTEm BER 27, 182 E _ __________ ________ • • Dlit HOUSE, Aug. 9,1112 ft verbal apology, if err --. m ....- . ' ikliVad to we to be of the United Corn aany if CIRCUIT COURT OF JUSTICIARY. bail sustained. tradittg to the East ludies, do Ista.TH, IttE PT. 22. This cloud'" This trial having excited the greatest possible interest, the Court The fol low ' art of the said Company will he held • was crowded at a very early hour, and those ono-Were! thetneelves Mr. Jam RICA, on WoottEscier, . the With fortunate who could gain an admission upon ATI terms. ! atu well a' lack in the Forenoon. JOSEPH DART. Sec-return. The Court having met, Hem . Lord Gie.weea on the Bench, the i flan to I cane of his Majesty's Advocate against 'David Landale, merchant, . said Iv iLDINO A SEA WALL, AND I in Kirkaltly, wu called. I spec , * ."IER, AT LEITH.. Mr. Landale, who was at large since the utifortupate rencontre. I se.," NA VY OFFICE, Sept. 23. 1026. appeared and took his place et the bat, supporter] by Provost Had- 1 p' den, of Aberdeen, Mr. 3lonepenny, of the Castotns. and Messrs. !era and Commissioners of his Ma- Spears, sen. and jun., of Ktrkaldy. The criminal letters were then 5y eivc Notice that on THURSDAY. read , charging the said D. L andale with the crime of murder, in at One o'clock, they will be ready to far as he did, on the 2211 of August last, wick:ldly and malicioe u. may he willing to Cocteau fie per . ` challenge George Morgan, jun., then agent for the Bank of ' ails requisite is erecting and completely land, in Kirkahly ' • and on the 23d of same, un the farm r denharns. parish of Auchterdeiran, anti county of rife, 'ALL, and also a PIER, i and maliciously discharge at the said George alorgar item end of his Majesty's New Naval Este- loaded with ball, whereby the said George Morgan • formed, adjoining the xkit at Leith. wounded. 51r. Landale pleaded not guilty. fications of the Works, together with a form e seen at this Office. and at the Office of the milted the rAevency of the indictment, he com.idt th. No Tender will be received after One duty lomat.; that it was not calculated to put the :* treaty, nor any noticed unless the party oe of the whole facts of the case, which it was w ends. • be more particularly acquainted with, to enah' ea he neompsnied by a letter addrensed to the per verdict. 51r. Landale, the panel, was r igned by two responsible persons, enrunnit to where his reputation as a mercantile man .h the person tendering, in the enm of 12,000 L Clan ; and this was of most material inr mance of the Contrast. the case. Of this the moat satiafacto . 0" were it necessary to prove it, in the CONTRACTS FOR STRAW. (Mr. Morgan),on whose ashes he COMMISSARIAT DEPARTMENT, was agent ter the Bank of Scotlr Tateintll( CMAIIREMS, Saw/. 91. la% need riot -.ay it was his duty m rums at are desirous of Contracting with the gard to all matters intrusted t be Commissariat Supplies, to famish for Twelve by the man DOR no more w' is the Ist of November next, such Quantities of to the melancholy =tut , ! filling Paillasses as may from time to time bore- How did Mr. Morgan ex &tracks and Ordnance Stations in eke undermentioned il Islands, may receive Particulars of the Contracts on LEASEHOLDS, . manner that sfinok hi , this Office, between the Hours of Ten and Four; and affected by itand Hans-place, Newport-street, and Oxford-market. tome Barrack Masters in the Islands of Guernsey, Jet- Under these Strait' Alderney : and deliver their Tenders at this Office Hy Mr. SQUIBB and SON, . plaining ef that thereon ''' Tender for Straw"), until Twelve &Clock on At °areaway's, THIS DAI ,at 12, in Three Lou, by order of the would not met , the 111th of October. Executors of the late John 1V illock r Esq. litho, as agen• sals are to i.e made separatel y . for each County hi South A Snhatantially-built aidi neatly-finished LEASEHOLD a letter, at' for the whole of the Bar,,eks in North Britain, and also ~r 1 DWELLING -HOUSE, very pleasantly situate No. 42 on letter nit* whole of those in the Three Islands of Guernsey, Jersey, the west side of Hans-place, let on lease to the Hon. and Rev, pose of t' aerie; ; but no Proposal will be noticed unless made on, H. W. Stanhope, at 101. per annum, the tenant paying land-tax it, not ex ed is. a printed f'articular, and the Prices inserted in and sewers' rates; held for an unexpired term of forty-five years iitb at beget ; nor unless a Letter be subjoined to such Propsand a quarter fromslichaelmas next, at a groz.cd rent of only 51. t th' t orn a Fuson of known ptoperty engaging to become bound per anwarn. the luny towering for the due Perron:mate of the Contract. A n2t annual income of 79/., edging from. and amply secured (OUNTIES. upon, a substantial DWELLING-HOUSE and PREMISES Seeds Ids of Wight Somerset No. 6. Great Newenti-street. . Iln;c: noc -. Kent Sum: TWO 1101.'nE . s", Nes. 9 and 10, Oxford-olutet, held f' Caen r Lancastzr Warwick short term, at 401. per annum. Comsat! 51 Mellow: York The Premises may be siewed with leave of the respective ' Cumberland Norfolk North Btitain and printed particulars had at toe Cadogan Ann% Stmt. Devon Northumberland of Mr. Grojan, solicitar, Golden-nauare; at Mr. Hardie' Dorset Northampton Islands of Southampton-row, Rupell-square ; at the place of ' Inuhrun Nottingham Guernsey Mr. Squibb and Son. Saville-row. Esse. Pembroke Jersey Hants Suffolk Alderney WHITELA ND'S. CHELSEA Isle of Man Surrey A VALUABLE FREEHOLD Y. , ' Producing a net rental of 1101. per annum, et improvement. By Mr. SQUIBB and At darraway's, THIS DAY, at 12, i' Executors of the late Job AVery valuable anti highly ESTATE, comprising the as Whitehead's Boarding-school Messrs. Ilinchliffe and Matti , two large plots Aground, wi , lane and Marlborough-road substantial hriek-built war colaur shops and sheds, t Also Four novly.e , a comprising the *hot e- Cooke and Co., to' of AI da ichaelmas-y I on estimated value 12 Tickets to , Saville-row Solicitor, s eel row, R , lii 9d Gaira• G V/ . --- L ARDIAN FIRE AND LIFE ASSURANCE . COMPANY. o as la d lso . N .o Z.s Id O. I!, LOXialtD-STIMET. AT TEE ENTRANCE OT TIM POs?-orrics, Lownow. DIRIFCTONs. if,. . G MUM I,YALL, Est, Chairman. ' 0 37s &i NICHOLAS GARRY. Elq. Deputy-Chairman. ,0 bOs 3d W. C. lksnarons, Esq. Robert Mitford, Esq. William Copland, Esqßichard Mee Mattes,' wiii,m G. novion, Esq. John 0. Ravenshaw Sr T. Envie Farquhar, !tart. Robert Rickards, r 1 John &matt, Es 9. Alderman John Shore, Esn Aalltil•&11.• 1 s Wm. Halormand, Esq. M.P. Edward ittewar N. lebt kW. it GroTlfr Jenne. Esq. Andrew Herr IT, John loch. Ys S . John Thorn ~ .. . .... 12 S. 3latrorthanks, Esq. M.P. John 'fid l ' se d e r , Kent -1.. c.:, alarf.n. Et M.P. James T .. ..... tt bszaar t• a Doh. , i W. Ward. Etta • easses of Fite Insurance are (s.' Room., Bristol.. ''. .11.;.--- I , IX ChM Is. (Id. per c' tod. die. ... • • I 0 2d . Zs. All. . 'ld - Qs. fal. i i tut 1,0 Policy is isused ur The t.nprecetlented re. Horn, K Lure- :54d. satisfactory pr teuntled have met T r:eslirld Army, coal . toressee that the ' 111 .... t V " a: be septenoisl 11 era. Noriviiii. i Notice is her •• • • • •• .. ....... .... cane void : far deliver a Greetmek Adger/ire? the Car rarish of Latutahagou • hos.. ‘..sh weather contiruis, I 1 Oder until Dect.mher. ' / !lit crop of grass, which. • age crop. Potatoes bid gnat improvement since : three wetke, in g .neral, n the Scotaman of Satur the journeymen cabin' which nntst raise pr of the law, against anken into, and the n work in opporit' re carried away or this was done h' a ivi.o take cm' i only put sent , but spins on ' fn. the publ; rs 01 ever .I.ltiii, pr s a... 4.), te dtt ••=Oll , tiv. ill-so ,k . sr h t stated their 'stilted ib•staselses at the Police a pentati named White, who to one of the ottieees, ad. n else pan„: that have been II It I is:fluia -gre,n and its neigh. tt , attly to Ain Tiv- ring spok t•lt icctcd ~. / FATAL DUEL AT KIRRWDY. verbal apology, if afterwards redonel to writing. Mr. Landsle sp. paand to me to have no object but to repair the Injury his character had sustained. This closed the evidence for the prosecution. The following witnesses were called for the defence:7- gan to Landale (one of which he recognised in Court). Deceased tin well aaincriesuaingundliwithmlterlre.hlrliotrgandan.accaSa‘wmttwanotieitntereKitiokalmdlM—ori said he was dissatisfied with a letter received from Mr. Landale tic specting some differences about the Bank. lie told me that in con l‘seirentancedoafie; s iib ec o r u nid ders ev t as h i e v fi e r i s e t tt t er im . e h i e he sh y u m ul e t he intended to challenge him, but was afraid to give the challenge, as he understood that by law a challenger was liable to transporta tiOn—he would therefore take the other course, that of Insulting him. I had once or twice some confidenthil conversation with Mr. " H t h e is al c ar said ' ac d re s t Morgan respecting Mr. Landale, about a 5,000 L cash account granted by the bank to 31r. Landale, and something about a loan of 3 , 0 0 01 . wished to be raised by 31r. Landale. Robert Stocks, Esq. ore Ahtlen-1 am well acquainted with Mr. Landale, and have been so fee twenty-live years. I consider him a most orderly and correct gentleman, and never found him disposed to quarrel. Some months before the duel, I had a conversation with Mr. Morgan alvmut a cash credit Mr, Landale had ootatned from the bank, of 5,11001. Mr. Morgan spoke of Mr. Landale having attempted to raise other loans, particularly on a bleachteld. This was a voluntary communication. Mr. Morgan continued to say, " I wish all may be well with 3lr. Landale." This excited suspicions in my mind, which did not exist before, as to Mr. Lan. dale's solvency and credit. In conseouence o this communication, I caused 1.0001. b be taken up front 11r. Landale, which belonged to my . brother's Kuril . Ms. Jame C a , booker:Bee, giritaloy-1 am acquainted with the partite. The day before the duel, Mr.3lorgan came Into my shop, and after a little conversation, Mr. Landale passed the door; alt. Morgan immediately went out and struck Mr. Landale a blow over the shoulders with !tie umbrella, saying, " Take that, Sir." No quarrelling took place immediately previous. 11 r. Linda'.: came into the shop anti said, " I trust you observe.) what passed." 31r. Morgan then popped his head in at the door and said, "By O—d, Sir, you shall have more of it." Mr. ',nettle then sent out, and in less than two minutes Mr. Morgan returned and said, " By 6—d, faures, I hare never told you of the shocking usage Mr. Landele hot given me and my brother; but just hear this letter." I replied. "It is nothing to me what your usage has been hut what you nave done just now is wrong." William Teal. faseksmith in Kiri:AV—Was sent for by Mr. Morgan about a fortnight before the duel, to take a ramrod out of his 101001: received also orders to make a number of bullets to fit the pistol.. I made 33 bullets for him. Gavin Hearten, Esq. Provost of Aberdeen, had been long ac quainted with 3lr. Landale, and found him a man of the greatest probity and hondur—of mild and gentle manners, and most un. likely to provoke quarrels. - Walter Fergus, Esq. of Strathore, late Provost of Kirke*, had known 31r. Landale feom hir! Infancy. Esteemed him as a man of strict honour, and every way a gentleman. lie associated with hint all his life, and scarcely ever saw his temper ruffled. There had been rumours against Mr. Landale's credit these two or three months past ; before that it was quite unimheachetla Mr. Monypenny. of the Ciastons.house, Eirkaldy, has had occa sion to know Mr. Landale as a gentleman of much mildness and honourable feeling. JI r. Bennet, one of the secretaries of the Bank of Scotland, idea. tified a letter received from Messrs. Morgan by the Bank of Beet land. The letter recommended Mr. Landale as a gentleman of undoubted credit and usefifiness as a merchant and manufacturer : considered his business as a desirable object. Mr. IVoott then addressed the Jury for the Crown. A gentle. man now before them, of the highest character and respectability, Med the misfortune to deprive a fellow-creature of life, and was asterequently at their bar to answer a charge for the crime of mur der. Whatever their verdict might be a dle unfortunate gentleman must ever bear the fatal day on which he deprived 31r. 111. of life in painful remembrance. Time learned gentleman then adverted to the difficult and unpleasant situation in which he (Mr. Wood) was placed. He could not disguise from himself, nor from the Jury, that the law of the land was at variance with the practice and feel• ing of society on a subject of this nature; but k was incumbent on him, at the sante time, to say, that the sit of tailing in a duel con stituted, in the eye of the law, the crime of murder. It was not always necessary to prove previous malice; and the party at the bar had hale ground of defence on the score of danger incurred, when that danger was of the party's own making. Whateret may have been the nature of the previous quarrels, the law made no distinc tion on that account. This being the state of the law, it was of no use to enter upon the particulars of evidence. It was clearly de monstrated, and not attempted to be denied, that Mr. Morgan had met his death at the hands of the unfortunate gentlemen at the bar. So far the case was clear, and their course easy. Whether they might find such alleviating circumstances in the case as might dispose them to give a verdict which ter ald avert the reeessary con. sequences inferred by law was for them to judge; but as the law stood, he was justified in craving a verdict of weal. Who've. indeed, might be their conclusion, he was convinced that they and the pdblic would readily allow that it wawa case which called for investigation. Justice and public satisfaction called for it; and if the result should be favourable, it was no less necessary for the vindication of the character of the accused. With these observa tions he would, with confidence, leave the decision to the Jury's discretion. Mr. JEFFREY made an eloquent and elaborate defence for his client. In nothing, he might say, was he more certain of the cor dial concurrence of his client's mind, than in his expressions of co. incidence with the sentiments uttered by his Learned Friend oppo site, at the close of his address. The welfare and safety of the public rendered such investigations peremptory i and so fully was he convinced that the result of this had tended to the complete jus. titication of Mr. hantlale's Conduct, that it was certainly matter 01' great congratulation that the honour and purity of his motives had so soon been laid open to the world. He thought the case, as it now stood before them, required little support or elutidation front him ; certainly the evidence required no recapitulation. That the deceased met his death at the hands of his client sulinitted of no doubt ; but with that tact, comparatively unimportant as constitut ing crime. nothing had appeared from the evidence which suss not calculated to excite both sympathy and admiration. Whether they considered the unsullied purity of his general character—the origi nal and grievous wrongs he had sustained—the meek, temperate, and even business-like manner itt which he at first and for some time endeavoured to obtain redress—the most intemperate and un reasonable manner in which it was withheld—die reluctance With' which be adopted the last extremay and painful alternative—or the calm and generous manner in which he had consented to admit even of a verbal - apology on the fatal scene of the catastrophe;—each and all gave him strong claims to their commiseration and acquittal. Even by his antagonist's friends an apology was acknowledged to be due to him : and did his client sho* any hostility to be propiti ated by such means ? No ; on the contrary, even after he had formed the fatal resolution of mortal conflict—when on his way tie the fatal scene—did he not manifest every disposition to amicable and honourable reconciliation ? Did he not even anticipate and out run the solicitude of his friends to bring about such a consummation? He disdained to stand mien frivolous punctilio, and expressed his willingness to accept of a verbal apology, to time extent merely of h a opponent's admission that he had done him injustice. Every part of his condors in the final affair itself was allowed on all hands to have been cool, fair, and honourable—every thing proved his motive to be only the redress of injured feelings, the restoration of ' that honour of which he had unjustly been deprived. The Learned Gentleman was satisfied that all these things were so clear to the Jury that he should only insult their understanding by endeavour=, mg to establish them in a clearer point of view. It was no doubt a rule of law that the taking astray of human life (joined with col lateral facts only, however) constituted murder; and, although an abrogated law rendered the deprivation of life by duelling liable to that description, still no mode of killir.g could constitute murder unless malice could be proved, which was inferred even in the term of murder itself. That the bare fact of taking away life in a duel constituted murder he would deny. He denied that it could be law, in so far as it was inconsistent with the views and opinions Of the strictest moralists, with the law itself, and no less so with the practice of the law. On the contrary, it was a remedy for injuries for which law tribunals could afford no redress. It was no doubt a lamentable remedy fur those who became its victims, but it was viewed as coMperatively a light one in the practice of the law. While the more honourable and refined species of feelings exist In the bosom, quarrels and grievances will sometimes unfortunately ensue, which 3 no law is calculated to redress, and under which mil man could find existence tolerable. In history we find, that dur- ' ing the ages of barbarism such feelings gave tise to cruel feuds and aseaesinattone, and were greatly to be deprecated. In our more cultivated and enlightened days it was seldom, except in cases of peremptory necessity, that decision of differences by shedding blood was resorted to ; and then it is conducted genetally with such frankness, openness, and gallantry, as te do away in a great degree that imputation of malice which is necessary to constitute the positive crime of murder. The law against it had been', abrogated, in practice at least, and indeed it was no longer ne- ' cessary. At one time it might : in the fourteenth and fifteenth ceh turies, from the romantic spirit of chivalry which prevailed, rencon. tresof the kind were so frequent and common, that almost every state in Europe framed statutes for its suppreesion. But the practice of duelling was now remarkably rare. During thgreirps of his late Majesty, not more than 200 authenticated duels had taken plate in England, Scotland, and Ireland ; for those, only from 20 to 23 trials had been instituted, and not one conviction had ensued, except in a very few instances, in which it appeared that the practice was abused by making a challenge a pretext for accomplishing mur derous purposes. During the hat 150 years, not one conviction had taken place in Scotland. Now our blood was not colder, nor our sense of honour more obtuse, than that of our neighboure ; but the reason was, that the investigations uniformly terminated in the development of circumstances rather honourable than otherwise to the survivors. They were therefore acquitted. Thus far he had enlarged as to the practice of the law : he should again refer to the subject as it affected morality. He was able to adduce the opinion not only of the strictest moralists, but even of men no less eminent for piety, in vindication of the practice in a moral point of view. Ile would enumerate—Dr. Johnson, the greatest moralist of his age, and equally remarkable for his religious austerity and strict sense of propriety—Lord lielenel, whose authority and rcaaouing tr. ~and t h e two ithiirithals we re i ntr o. th 2:.tgistr.tte, were pl - tecti within the it .• •.• • was much crowdol. EAST INDIA HOUSE. Am,. 9, lteti. /VIM Comet of Directors I f the United Company Qf Nercklete •1* Erni:and, trading to the &tat hake, do eire in a Quarterly General Court of the said Company will beheld War House in lAadenhall-sttea, on WILDNESDAT. the t7th ago nest, at Eleven & ckcla in the Forenoon. Wpt JOSEPH DART. Seereterp. SALES BY AUCTION. DUKE-STREET. WESTMINSTER. DESIRABLE LEASEHOLD RESIDENCE, With Entrance from the Park, together with the planned Fur niture and kixtures. Re Mr. SQUIBB snd SOS, At Garraway's Coffee-house. THIS DAY. at 13. in One lon. AVery convenient and desirable LEASEHOLD RESI DENCE, situate No. 15, Duke-street, Westminster, nearly facing Charles-street, and containing three rooms on a floor, with the principal apartments looking into St. James's Park, from which there is an entrance. The House is particularly well situated far any Gentleman con. netted with the Public I Ithces, Courts of Law. or Rousts of Par liament, and is held for twelve yaars. from Michaelmas Day, at LW. per annum. Part of the elegant Ilnusetrild Furniture, and the Fixtures, rill be included in the purchase. To be viewed till the Sale. Particulars, with inventories an. nexed, may be had on the premises, and of Me. Squibb and Son, Sarille.row. CIRCUIT COURT OF JUST*ARY. Plestru, SEPT. 22. This trial having excited the greatest possible interest, the Court was crowded at a very early hour, and those entsidered themselves fortunate who could gain an admission upon aryUs. The Court having met, Hon. Lord (:r !.1.10 on the Bench, the caw of his 31ajeltyhe Advocate against 'nava Landale, merchant, in Kirkaldy, was called. Mr. Landale, who was at large since the uulotturate Temente, appeared and took his place ct the bat, supported by Provost Had den, of Aberdeen, Mr. 3lonypenny, of the Costotne and Messrs. Spears, aen. and jun., of Kirkaldy. The criminal letters were then read, charging the said D. Landale with the cinine of murder, in so far as he did, on the 2211 of August last, wickedly and maliciously challenge George Morgan, jun., then agent fon the Bank of Scot land, in Kirkaldy ' • and on the 23d of same, un the farm of Care denharns. parish of Anchterdetran, and county of Fife, wickedly and maliciously discharge at the said George Morgan a pistol loaded with ball, whereby the said George Morgan was mortally wounded. Mr. Landale pleaded not guilty. Mr. 11. COCKBURN, for the prisoner. said that although he ad mitted the rAevency of the indictment, he considered it to he Ida duty to state that it was not calculated to put the Jury in possession of tie whole facts of the case, which it was necessary they should be more particularly acquainted with, to enable them to give a pro per verdict. 31r. Landale, the paned, tease matchant in Kirkaldy, where his reputation as a mercantile man was of the first descrip tion ; and this was of most material importance na the decision of the case. Of this the most satisfactory evidence would be found, were it necessary to prove it, in the very letters /AA* ibraintatid. Lie (Me. Morgan),on whose ashes he would tread awriar as paadbie, was agent for the Bank of Scotland in Kirkaldy, and, as such, he need riot ray it was his duty to preserve inviolable secrecy . with re gard to all matters intrusted to him. Such was the situation held by the man now no more when he emitted that emor which led to the melancholy catastrophe of whidi they were now to judge How did Mr. Morgan conduct h:mself towardathe primanter ? Di i he not disclose the panel's most private transactions, and that in a manner that shook his credit with all ?—even his oldest friends were greeted by it„ , and in some instances withdrew their countenance. Under these circumstances Mr. Lan hie wrote to the bunk, coni plaining oT that conduct. The bank, whether rightly or not he would not pretend to say, communicated that letter to Mr. Morgan, who, as, agent for die bank only bad been complained of, and he wrote a letter, accusing the prisoner of" falsehood and calumny." This letter was couched in language seemingly framed for the very pur pose of provoking a duel, and to prevent misconception he signed it, not as agent for the bank, but "•Geo. Morgan, Lieut. half-pay filth Fort." Several other notes passed between the parties, and the Truth cf all was an attempt, ,'.rich succeeded but too well, on the part of the deceased, to compel the prisoner to send a challenge. This was done deliberately, for he took advice, he having been in formed that the challenger, on trial, was attain of banishment ; theeefore he (Mr. M.) must manage to get the prisoner to give the challenge. This advice he followed, and causes it to be circulated that he intended to insult Mr. Landale in the street. Being aware of what would follow, he put his pistol.; in order, and cast balls, and this too before any meeting took place ter challenge was given. In a few days the deceased did meet Mr. Landale, and made his threat good, for, without warning, or Immediate provocation, he struck the pnisoner. A challenge followed it could not then be avoided. But the model ation and good temper of the prisoner did not even here leave him; for prnsr to the meeting, on the way to the field, when placed in that situation where a man's conduct is most liable to misconstruction, he had still =sage, and it required courage, to say that he would accept of an apology. But that offer was declined by the deceased, not by his second for him, but by the man who struck the prisoner for the pilot:rag of provoking a duel. No alternative remained ; the patties. met, they fired, and Mr. Morgan ceased to live. Such were the facts of the case, such had been the conduct of the pristmir, and upon that conduct they were now called to judge. Special deinncea were given in for 31r. fatale to the following effect : The defender admits generally that he had a quarrel with Mr. George Morgan, the result of which he sini..erely laments; but Mr. Morro hei;iight that quarrel, and all ha consequences, upon himself. He was the agent of the bank with which the defender had, for a long course of yearn, transacted his most confidential business; and was bound, especially in a period of mercantile alarm, urpre.erve the moat scrupulous secrecy with respect to the circuinstarces and credit of an employer who erusted to his honour. But instead of this, being of a rash anti quarrelsome habit, he not only spoke of the defender's affairs to strangers, but attempted to ruin his credit by statements and insinuations which he was not called upon to make, and which he keew, or ought to have known, were utterly groundless. Oo disc Overing this, the defender wrote to his constituents, in terms which he conceived, and still humbly conceives, were fully warranted by the filets. Upon this, Mr. Morgan formed the deliberate daterminution, contrary to the advice of his friends, to assault the defaulter; and, after a pane which was more than sufficient to show him the atrocity of that proceeding, and to set its necessary consequences fully before him, be carried this resolution into effect, by striking his adver sary in the public street. This lett the defender no course but one to follow ; but to the very last he was always willing to accept of an apology ; which was going further towards a reconciliation than most men in the defender's situation would have thought proper or safe. Even this very moderate satisfaction, however, was refused. After which, if Mr. Morgan fell by the hands of the defender, this was a catastrophe for which he had Itimaelf alone to blame. The following witnesses were then called : Mr. Win. Millie, manufacturer in Path.head—l know the pri soner. I knew 31r. Morgan. I received a letter from the prisoner on the 22d August, containing a challenge: at was in these words—" Mr. Morgan has just now struck me with his umbrella, in passing Mr. Cumminge's shop. I merely called him a eowardly rascal, and left him. There is no alternative left me but to challenge him, which I have long made up my mind to; and en. dose one, that you may deliver immediately, with all secrecy, for my honour." I went to Kirkaldy, and delivered the challenge to Mr. Morgan. He said, "Certainly, by all means." Mr. Mor gan said there need be no delay, as his pistols were provided and ready. He (Mr. Morgan) took them from under a table, end placed them before me. The same evening Lieutenant Milne called on me; he came on the part of Mr. Morgan, requesting a meeting in the evening; to which I agreed, and met him ac cordingly. Some discussion took place as to the place of' meeting; in consequence of which 1 lett Milne, under the conviction that the parties would meet at the time and place stated. I then went to Mr. Landale, and arranged for the meeting. I called on Mr. L. next morning at half-past five. A carriage was in the neighbourhood, into *hie!' Mr. Is., Mr. Smith, a surgeon, and I entered; we the!' proceeded to the place of meeting, where were .ilr. Morgan and Lieutenant Milne. Having got into the field, I asked Lieutenant Milne if he had any communication to make by way of apology ; Mr. Morgan bearing this, called out, " No apo logy ;" so tar as I heard; hit. Landale did not use similar expres sions. The parties then took their ground. Just as they had taken it, Dr. Johnson came running from the wood, and begged them to stop. 1 explained the matter, and he retired. The pistols were then given to the principals, and I explained that the word was to be, " Gentlemen, are you ready ?" " Fire I" At the wo d "Fire,' the parties were to raise their pistols. The word was then given. Mr. Morgan raised Ida pistol at the word " Heady ;" I i called out " Mr. Morg an . that is not fair—drop your pistol till the word' Fire' is given.' Mr. Morgan lowered his pistol ; the word being again given, both raised their pistols together, and fired so exactly together that I was not conscious of hearing two shots. Mr. Morgan, on receiving Mr. Landale'a shot, did not tall immedi ately. Ile stood some seconds, then fell, and died instantly. The panel and I immediately quitted the ground. Cross-examined by . Mr. JEFFREY-1 am aware that bit. Lan dale received intimation, four or live days before, that he would be struck by Mr. Morgan. Mr. Landale told me that if so, he could not avoid challenging Mr. Morgan. When on my way to meet Milne in the evening, I called on Mr. L., and infomied him of what had passed with Mr. Milne in the forenoon, Mr. L. audio. rizctl me to receive a written apology ; but Milne said that Mr. Morgan would make no apology, but on the way to the ground I observed that 1 meant to ask Lieutenant Milne whether he had au thority to make an apology. Mr. Landale acceded to this, and said that a verbal apology on the field would do, if Mr. Morgan would commit it to writing afterwards, as all that he wished was satisfaction for the injury recaved. Lieutenant Milne, It. N.—l was acquainted with the lute Mr. Morgan. At four o'clock, on the 2211 of August, he came to me in a post-chaise. Mr. Morgan said lie had a quarrel with the pri soner, and would be glad if I would arrange the business. I agreed to go; when on the road Mr. Morgan explained the circumstances, but did not mention till we reached Kirkaldy that he had struck the prisoner; on this I had great objection to be Mr. Morgan's disapprobation of his conduct; Mr. seconds Morgan e a l u t d rea r gi res ui expressed my e brother officer, and 1 agreed, in hope of getting matters amicably arranged; I proposed to Mr. Morgan to make an apology conditionally, hot that he refused. Mr. Morgan desired me to go to Mr. Millie; I went; 31r. Millie seemed anxious to have the matter made up. As 1 had got into the business so hurriedly, I had no time to consider of it, and therefore requested Mr. Millie to call in the evening; he did so. I then incornsui that, " on the eimposition die parties were equally wrong, the parties should meet half way, and thake bands." This was declined. Next mining the parties met on the ground. (The other part of his evidence was merely a corroboration of what was stated by the preceding witness to have taken place.) Examined by Mr. JErrstEY-31r. Landale took no aim ; every 7 thing was quite fair. Dr. Johnson saw Mr. Morg an the ni g ht before the duel, and was *deed i him to be at Torben next morning by six. I went, and found tle parties there and their seconds. 1 recommended, if possible, to try to effect an arrangement; this not being done, I retired. I heard one shot, and my name being called, I went up, and found Morgan on the ground. but alive. A shot had passed through his body, entering on the right side, and coming out on the left side. Dr. Smith, of Kirkaldy—l accompanied Mr. Landale to the field. I heard a shot, and saw Morgan fall. He died within a few seconds. The wound was the cause of his death. s '""'"”salnined--1 heard bit. Landale say he would receive a what inusghTtlseet to the t.il. they hvl come tip to our. tf the agack and robb er , o r —ne• Bryce and flea. Hettehtoti II Nes pte. They had C4113e rrii ihnightrin weal Innocent of led, and therefore to eadra. lint I;mi CONTRACT FOR BU PIER, AT A S LEITH, WALL, AND NAVY OFFICE, Sept. 23. 1026. THE p rv otpsi Officers and Caussaissitascrs of his Ma eel's NA , !. .f , 4co.esy eivc Noticr that oa THURSDAY. the 166 Sou-tuber nett, at One o'clock , they will be ready to treat with Etch p,rons as may he willing to Contract for per. tanning the ..eversl Works requisite ie erecting ah.l completely Aishing v `EA WALL, and also a PIER. w eltend front the Western end of his Majesty's New Naval Eats. bizormo , & bp,: :‘, be formed, adjoining the Docks at Leith. Dustup and epecilleations of the Works, together with a form ~i the Tender, nuiy be seen at this Office. and at the Office of the Naval Otiicr et Leith. No Tender will be received after One ;clock 4w the day cf treaty, nor any notice 2 unk,s the party a* in sg:nt for hint attends. • Evers Teada must be aecompsnied by a letter addressed to the N o y Dodd, and signed by two responsible persons, eognginif to the Wand with the person tendering, in the awn of 12,000 L fat the du 2 pertamance a the Contraet. been c you al e Mr. Fuller was o at. ..antling at some distance, and .tiintng with sonic others I- tiller, al.l they Were reedy to on the trial and pro _en c.‘c.tial to your tramd •n convicted on the eleareat de the vt.rilet of the Jury. f. besides, by y.:ur own account, or to set ACTON, MIDDLESEX. EIGHT PIECES OF FREEHOLD LAND. Lying in the common field, On the north tide of the high road. Ihr Mr. SqUI BB and SON, At Garraway's, Ti IE DA I . at 12. in Three Lots, by order of the }Nieuwe of the hit John Willock, Erg. EIGHT PIECES of FREEHOLD LAND, lying in Acton common field, containing he estimation seven acres and a half, in the occupation of 'Thomas Joao , . hut let from year to year to the Rev. William Antrobus, at 107. iris. per annum. The Lead may be viewed try applying to Thomas Jones, near the Anchor public house, at Acton, of whom particulars may be bad ; also at the Pigeons Inn, BrenttOrd ; of Mr. frrojen, solicitor, Go*.den.equare; at Lir. Hardwick's office, Southampton.row, Rua. sell-square ; at the place of sale ; and of Mr. Squibb and Son, nd that when the robStry hari hue up sett said, " You hNc' n;" uharmpon they tusde their threepence etch. name tr:.s IYh 4 l‘. s'lteti, that he at -01.1.1te youth ((!corge Houghton), who, Inocent of ?he crime for which he had. cared .0 , ••ral affidavits, t hick had. w!lich he then held In his hafts . % it to pr s..'ut them to the Secretary of ter.• of that strength that thtg would bo 7 w pmr•y taken OONTRACTS FOR STRAW. CoMMINSARIAT DEPARTMENT, TRZASERT' CRANNIES*, SEPT. 21. 18211. QI.,CH Persons as are desirous of Contracting with the 1.7 Agent foe Commissariat Supplies, to famish for Twelve vont* from the Ist of November next, such Quantities of ITRAW for filling Paillasses as may (man time to time be re iored at Barracks and Ordnance Stations In tbe undermentioned Owings anti I slands , may receive Particulars of the Contracts on st plying at this Office, between the Hours of Ten and Four; and :u the repectire Barrack Masters in the Islands of Guernsey, Jer sey. sod Alderney : anti deliver their Tenders at this Office rurkin;; thereon '• Tender for Straw"), until Twelve &Clock on Tuesday, she INth of October. Prevosals are to he made separately . for each County lo South &rutin, for the whole of the 13:trucks in North Britain, and also foe tne whole of those in the Three Islands of Guernsey, Jersey, Ina :11:4erie; ; but no Proposal will be noticed unless made on, or Annexed t.i, a printed Particular, and the Prices inserted in words at ',lige) ; nor mile!. a Letter be subjoined to such Propo sil inlm a Pe•son of known property_ engaging to become bound rah OA Forty towering for the due P NTIES. errOMMßee of the Contract. COU Seks Isle of Wight Somerset Bice: sac 1 Kent Sussex Cneet r Lancast:r Warwick Cams all Middlesex York Cumberland Norfolk Not* Britain Devon Northum b,rland Dorset Northampton Islands of Durham Nottingham Guernsey Essex Pembroke Jersey Hants Suffolk Alderney Isle of Man Surrey le rlult not listen to any thing to the would at all affect the verdict that a id he would enetion the petson Is, a it wait the deterratuation Iferyier that might be• brought be. ;toms. lie would not detain Bond ar.•t they were it liberty. ICII;e . ! V LEASEHOLDS. Hans-place, Newport-street, and (Ixford-marktA. Hy Mr. 59U1813 and SON, At Oarrawity's, THIS DAI , at 12, in Three Lou, by order of the Executors of theisteJohn Willock, Esq. ASulnitentially-built artll neatly-finisbeil LEASEHOLD DWELLING-HOUSE, very pleasantly situate No. 41 on the west side of Hans-place, let on lease to the Hon. and Rev. H. W. Stanhope, at 501. per annum, the tenant paying land-tax and sewers' rates; held for an unexpired term of forty-five years and a quarter froth Michaelmas next, at a gro.. - ..cd rent of only fal. per annum. A 1121 annual income of 797., arising from, and amply secured upon. a substantial DWELLING-1101'SE and PP.EMISES, No. Great Newport-street. TWO 1101::51:', Nes. 9 and 10, Oxford market. held far shore term, at 301. per annum. The Premises may be s iewed with leave of the respective tenants, and printed particulars had at vie Cadogan Anus. Sloane-street; of Mr. Orojan, solicitor, Golden-square; at Mr. Hardwick's office, Southampton-row, Russell-square ; at the place or 5.,.?.; and of Mr. Squibb and Son. Saville-row. 'the Well of the gang are in the poe. Qmitlitield yesterday morning at at 'l'ne.whole of ple patrol, :y ;,t t a . 61%.c . o'clock at etooti, is Wing 11A BA' E TS 310NIPtY, SEPT. P Upply at English Gnarl (except Oat%) . e arrival of must aorta of Grain front Cie YAM. irociceincot of the market, obialned the Y, but afterwards the trade was heavy, at quarter. Picked 'temple., of Dew Bar sales and rather dearer. filo , there WJS no her amts. Notwithstanding the magni. *gn Oats. quite as high prices were de ck, anti it appears now doubtful wi e het lion in prices will take plate. We hays the prices of Beans, but grey as well as pewuprq, e deareru ,, ar d fer haree c hand,tlf ut day week. le.tper to-day. :1,1), 31()Ntia'r. Berr.23. WH ITELA ND'S. CHELSEA. A VALUABLE FREEHOLD ESTATE. Producing a net rental of Ma per aciaum, capable of considerable improveuteot. THE NEXT OF KIN (if any) of WILLIAM STORMAN, otherwise THOMAS JAMES. late a Sea ixiorging to the Merchant Ship PR INCE GEORGE, deceased, by applying to Mr. Joseph Chapm an, of No. 63 , New Onivel.tane, Shadwell, may hear of *meth ng to their advantage. By Mr. SqUI BB and SON. At Garraway's, THIS DAY, at 12, in One lot. by order of the Executors of the late John Willock, Esq. A Very valuable anti highly improvable FREEHOLD 11l ESTATE, comprising the Mansion-house, formerly lama as Whitehead's Iloarding-school, but now in the occupation of Messrs. Ilinchliffe and Matthews, ram-stainers, together with two large ;dots afegrounti, with extensive frontaps to Elackland's. lane and 3larlborouh-road, on which are erected several stacks of substantial brick-built warehouses and workshops, countinghouse, col ur shops and sheds, stabling, &c. Also Four newly.crected brick-built DWELLING-HOUSES, comprising the whole of Whiteland's-te , race„ on lease to blear. Cooke and Co., for an unexpired term of th•rty.six years from Michaelmas-day next, at the clear year:y reLt of LAIL but of tt e estimated value of upwards of 3001. per amutr.. 'any Heston AS kat week • ead the (wally be very indikyeat, the beet !um; 1, BETHLEM HOSPITAL.—A Committee of Gover nors will meet at Bridevrell Hospital, on WEDNESDAY. the 4th October next, at II o'clock, to receive Proposals iniVriting Om such Pencils as may be wiSini; to contract to serve Bethlem Hospital with 111 EAT, vlr. :—The best Ox Beef, Weber Mut ton. Pork, and Vol, at per stone ; Legs and Shins of Beef, at per stooe; and Beef Suet, at per stone ; Candles, at per dozes; and mottled and yellow .tnap, at per ewe.; from the 19th eenetober next to the 19th of April following. Farther particulars may be known on application at Fretti!em Huring!, any day (Sundays excepted), between Ten and Four o'clork. All Tenders must be delivered to the Clerk, at Bridewell Ho ped, en or before Tuesday, the 3d October, after which they cannot be received ; nor will any Tender be noticed unless made out on the printed rams, which may he obtained at this Hospital, and the parties who offer must attend the tenitnitto. Rridcwell Hospital. Sept. 25,19211. the price of ,Monday last.— ~), appeared e market thta mining; in quality. that two.thirds the number might were they eval to the prosh.ce of ess prevailed in tlie trade, and not e but f 6,1.; the suxt hem sold at 4s. 4d. there fat, and the l a r ge r M utton now carli;ng remains heavy, a yew small ones only be can repor: ro change on the tetrn , of also cow:noes at ss. NI for the anialleg ' value of those weighing from 10 to 13 mippi Tickets to view the premises may had of Mr. Squibb and Son , Saville-row, of whom particulars may be had ; giso of .Mr. Grojan, Solicitor, Golden-square ; at Mr. Hardwick's office, Southampton row Russell-square ; at the Cadogan Arms, Slo4ne- street ; and at cokiraway's. Le offal 4$ 01 to 4s 14 4s od to Ss Vd Od to 3a -01. I r* 124) ADrNHAI, UV TOM CAACA4i GLARDIAN FIRE AND LIFE ASSURANCE COMPANY. No. I!, LOXIAID-111TIMET. AT TEE EXTILANCE OT Tai Posi-orms. Loitnox. DIROCTOPIL GE0111)g 1,1 ALL , F.sq. Chairman. NICHOLAS OARRV. Elq. Deputy-Chalman. W. C. Bentham, Esq. Robert Mitrord, E. Witham Caplond, Esq I Richard Mee Ratite% Esq. Esq. John 0. Ravenshaw, Esq. Sr. T. Iftvrie Ferquhsr, Bart. Robert Rickards, Esq. John &matt, EA. Alderman John Shore, E.q. Wm. lislor.mand, Esq. M.P. Edward Stewart, Esq. George Jenne!, Esq. Andrew Henry Thomson, Esq. J Inch. V.e. John Thornton. Esq. 3latiorthanks, Esq. M.P. John Tulloch. J.ciii Nlarf.n, Earj. M.P. James Tulloch, EA. • Rowland Ithaca. EA. • dconors.—Lewis Loyd. FN. ;A. W. Robarts, Esq. M.P. ; W. Ward, Eng. M.P. The Premiums charged by thi. Company on the Three ordinary f lak ed of Fire Insurance are (with certi.to cticeptiow an follow, .11 • VALUABLE PROPERTY AT COOKILiiii,IATE BE LONGING TO THOMAS WILLMOT. DECEASED. To be SOLD, pursuant to an Order of the Illtb Coot of Clusa cery, made in a Cause sanford and another v. Willmot andantinos. with the approbation of J ames Trower, Esq., of the said Court, at the Sun Inn, Maidenhead, in the County of Berke, THIS DAY. at One of the Clock in the Afternoon, in Six Lots, A FREEHOLD BRICK MESSUAGE, GARDEN, / - 1. and OUTBUILDI NGS. at COOKHAM, in the occupn tions of Elizabeth Gibbs, Mary Lunnon, and James Smith. FOUR small FREEHOLD COTTAGES. GARDEN, BARN, fee., at COOKHAM, in the occupations of James Ileath, William Willmot, John Tilling, and Thomas Smith. An UNDIVIDED MOIETY of a FREEIIOLD brick MESSUAGE, GARDEN. and OUTBUILDINGS, at COOK HA M, in the occupation of Mr. Lacey. TWO FREEHOLD COTTAGES, with Garden and Appur tcnanccs, at SUTTON, near Cookham. A valuable long-leasehold brick MESSUAGE, GARDEN, and OUTBUILDINGS, with the Appurtenances, at Cookham, late in the occupation of Mrs. Langford. Alm, another Leasehold brick MESSUAGE, Shop, Workshop. Outbuildings, and Ap purteriances, at Cookham, late in the occupation of Thomas Will mot, and now of his widow. A LEASEHOLD brick MESSUAGE, with Garden and Out buildings, and about TWO ACRES of MEADOW LAND adjoining, at COOKHAM, in the occupation of Mrs. Kelly. Alto, a LEASEHOLD brick COTTAGE, GARDEN. and OUTBUILDINGS, at COOKHAM, in the occupation of Mr. William Bennett. Also,* LEASEHOLD FARM-HOUSE, BARN, STABLE and YARD, and a small PIECE of GROUND, used as a ILck yard, at COOKHAI, in die occupation of John Allen. Alto, TWO ACRES of LEASEHOLD MEADOW LAND, ih COOKHAM MARSH, in the occupation of Mrs. Willniot. May be viewed by permission of the respective tenants ; and printed particulars and condi:ions of sale had (gratis) at the *441 :Master's Chambers, in Southampton-buildings, Chancery-lane; at the Sun and White Hart Inns, Maidenhead ; at the Premises in Mrs. Willmot's possesaion ; at the principal Inns at Great Marlow, High Wycombe, Beaconsfield, Henley. Windsor, and Slough ; and of Messrs. Tate anti Johnston, Solicitors, 4, Copthall-build. :figs, Bank, London. Mewl. G. T. and R. TAYLOR, Solicitors, 18, Fes therstone.buildings, Holborn, London. 4. , 141 I Veal 4• 4U I Pork Se 4d to 4, Pki 3s Od to :Jo 4d 4.1 to 4$ id Shit, scrrtmeia Price As At to 37, & --1 Od to 63s 3d 'Gs "1 tHf:III7'ORS. Eldon Care'tf., ■A , pQetr, fa*alN4/A&L. s., NEXT. N. 'Lane's, oppose debt ilk/. 11 «Itom. eet, spruce-defier, Kent rest blzaar M both. Iles; Ai s;r. rEcldend STIt ,ni incrr',l Rooms, Bristol, Fierce, lirndf.Jrd, di Ist Class is. fid. per cent. pit annum, formerly 24. 2d . U ',al. - - - :14. Id - as. fal. . - 54. La , . t.o I'OP/ is issued under a total Annual Premium of 59. The impreceihnted success this Institution h:s experienced :!ford- satisfactory proof that the principles upon which it was handed hare met with general approbation, and gives the best twarswe that the proportion .1 Profit to be returned riitLe assured. a: the septennial division, will meet their full eaptichitioh. Notice is hereby given, that Assurances which expire at Michael. vas should be renewed tithin fifteen days thereafter, or they be came void ; and that the heceipta fur such Renewals are now ready hit delivery at the Head I Office, No. 11, Lombard-street; also by the Company's Agent, Mr. Ma ma, Pte. I, Fall-mall, corner of St. James's-street, and the Country Agents throughout the Kingdom. W AI. W I LLIA 51S, Secretary. Shatli:gtam, Lacciesiltiti n nef Lacele•lleld At MA, nal Ila! mer I~t and stsact from the Greenefrk Adverfifer !rCh in the pariah of Launahagou • If trt.l4l) weather contiruts, or no fodder until Deci.mbei lave an excellent crop of grass, which. take an average crop. l'ovitoes bid In:el • gnat improvement since Till b.: two or three was, in g.neral, G ENTLEMEN'S APPAREL. el every description I and colour, RENOVATED. POWELL. HARDING, and Co., the Sole Inventors of their peculiar and admirable Process, at the old-established Factory, 19, GERRARD STREET, 80110, respectfully present to Gentle. • men, and the Public in genets!, a most obvious gratification in ectemmy, by specific and excellent Processes for RESTORING the TlNTand LUSTRE to WORN WOOLLEN APPAREL, to rs original appearnnee, without being taken to pisses. Term., Ready Money:—Coats, :.s.; Great Coats. Rs.; Great Cats lined with silk and velvet cellos, Os. lid. • Waistcoats, 25.; TrOWsesS, Si.; Breeches , 2s. 6d.; Lullee Peiisses, Riding Ha bitst &r. &c. charged according to size. Black Renovated for Mourning on the shortest notice. War ranted not to soil the finest linen. N.B. No council= with any other name, nor mark ROW Tam row the Scblaman of Saha- that the journeymen cabinet course which must raise public nc arm nt the law, Against them. sop as bruken into, and the tools of tad taken work in opposition to the tion, w, re earned away or destroyed. ely d.at this was done by them ; but utt , L- -" ' MEW MUSIC.—Just published st the ROYAL LIAR MONIC INSTITUTION, Argyll Rooms. Ili, Regent. street, the SONGS, DUETS, &e., in TIIE ORACLE, coin. posed by WINTER, and newly arranged by Wil. HAWES. 0. d. "OVERTURE" - - . - . 2 6 " The rosy dawn hath driven," Chorus. - . 5 0 " When battle's conch is sounding," sung by Mr. Atkins 2 0 "The trumpet first is sounded." sung by Mr. Thorn - 2 0 "We Maidens, mark me," .ung by Miss Goward - Ili " All hail to the God of our Fathers !" Chorus - -2 0 "Now by love and peace invited." Sestet and Chorus - 3 6 "Oh when thine eye is throwing," Duet, Miss Paton and Sapio 2 6 "All-powetful Sun," sung by Hr. Phillips - • 2 0 " There was a time ere sorrow," song by hliss Paton - 1 6 " Between my hopes and fears suspended," Duet, by 311ss Paton and Phillips 2 6 " When will peace relieve my breast ?" sung by Miss Ha milton - - - - 1 6 " How the plaguing varlet teases !" Duet, by Miss Goward and Thorne 2 6 "We hell thee, Lord of Light !" Finale, Ist Act - 10 0 " Tho' we all can feel thy sorrow," Quartet and Chorus 3 6 "In what sad hour," Trio - - 3 0 "Oh heavens ! the thought is frightful," Duet - 2 6 "Hut never mark'd the flower?" Song, hliss Boden - 1 6 "The Maid who'd wish to slumber," Quartet . - 2 6 " The gloomy terroes of the grave," Scene, Mr. Sapio 2 6 "Farewell! yet not for ever," Quartet - - 4 0 " The evening is descending," Finale . . - 10 0 BURROWS'S Selection of AIRS from WLBER'S Opera of OBERON, arranged for the Pianoforte, with Flute, ad lib., in four books, each 4s. I'VE BEEN ROAMING." —Arranged, by T. A. Rawlings, l as a Rondo for the Pianoforte. BOCHSA'S SELECT AIRS from TIIE ORACLE, for the Harp and Pianoforte, with Flute. and Violin Accompaniments, lea.ki; also the OVERTURE to the above, arranged as above, price rls. DEATH PETCIL—The Music in this admired and popular Opera, composed by C. E. HORN. I'VE BEEN ROA XII NO.--Cavatina, sung by Madame Ves tris, by C. E. Horn, price 2s. OBERON.—The Music in this popular Romantic and Fairy Opera, composed by the late CA RI. MARIA VON WEBEIL ••• The - Proprietors of the Royal Harmonic Institution beg most respectfully to acquaint the Public that the only correct Copies of the Opera now performing at the English Opera Hsai "THE ORACLE , " are p u b lished b y them, and th at all e. t ail ed Lopice are spurious, and an invasion of their rights. rt.o take employment witl - aid not only put sentries on the shops but spies on that persons, who e town, the public is justided in cos - Awry of evi ry violent act of this HERNIA EFFECTUALLY IitELI withstanding the u pwards ei always attends the intro duction of new inventions, of 7d,tiOo of the PATENT t•ELF-ADJUSTINO TRUSSES have been made by the Pa tentees, SALMON, ODY, and CO., and are recommended by the mast eminent Surgeons in town and country ; are also allowed by the afflicted to possess utility, ease, and convenience, not to be met .with in any other invention ; will answer for right or left side ; the Pretture can be increased or decreased, as the complaint requires and are applicable to every species of Hernia, in cnher sea, at all ages, requiring no untie/strap or nny galling bandage. To prevent imposition, please to observe that SAL MONODY, and CO., Pa, Strand, London, is marked upon the leather case. N.B. Abdominal Elastic l'ompreases to prevent Corpulency, and to support the Abdomen after Accouchernent.—Latlies are request ed to apple at Mr. Otly's private door. A female attends from ten till out (film,. ...,11, parish of Lesioshogow. an 'car; sod, curious to ,date, bas size timing that period.—Gfaagow BIRTH ----a FOR PRESERVING THE TEETH AND GUMS. BUTLER'S VEGETABLE TOOTH POWDER has .1) so long been in g e neral use, that it Is almost unnecessary to 6trer any further recommendation of it. Composd of Vegetables, without the admixture of any mineral or pernicious ingredient whatever, it is frce from the usual objection against the use of other Dentifrices. Its detersive power is just su,.:ci , mt to annihilate those destructive particles which adhere to the Gums and the inter stices of the Teeth ; healing, in";uring in the former, and promoting a new enamel (where It has heen iniured or corroded) on the letter. It Mit:wise imparts • firmness atur ber:uhy redness to the Gums; and if regularly used, will pieiwrve the Teeth in a sound state to old age. sold in Bores, at 2t fld., by Butler?, Chemists, 4, Cheapside, corner of St. Paul's. London M, tiaeltville.str, et, Dublin • and 71. Princes-street , Edinburgh ; Savory and Co. 13n, Ncw lion& ta , reet. and 220. Regent-street ; and by the principal Medicine Vendi.rs throughou the United Kingdom. _ Of whom may be had. BUTLER'ssuperforSILVER-WIRED TOOTH BRUSHES, Is. each ; an d IWTLER's very fragrant LAVENDER WATER, its half. pints, at 35.6 d. 's' Be careful to ask fox Butler's Vegetable Tooth Powder. on such subjects could scarcely be called in question, anti who hs9 said that injuries will he inflicted and sustained, is hich, tilt hums: opinion be altered, no law can redress•' and in which the injure r party ht justified in hoeing recourse to challenge for reparation td his wounded feelings—Dr. A. ler,;uson, whose conduct uniformly comported with pure religion and stria moral principle ; who SO appointed to the ethical chair, for the purpose of formlng the minds and morals of the young, and rendering them the ornaments of so ciety. All these distinguished individuals held the same opt-iris. The inference of murder in such cases was quite irrecolicileakle alike with the fundamental and improved principles of law. An act committed out of necessity, from force, from intimidation. or under mental aberration, could not be construed as a crime. Un lees the facts could convince the Jury that the deed wait tuanciously committed, it was of no consequence what his beamed Friend etp postte Might denominate law. Neither was it enough that the evi dence might bear out his individual notions of taw ;.—but it must be such evidence as could satisfy the Jury. It was ridicuhna i tr say that the law constituted the crime, and that the fact implied malice :--it was evidence of malice only t h a t could confirm the Get, and render it criminal. He had spoken of the paucity of cow , victinns ; PM: he could ensure them, that it was not on account tit the ignora'7,ce of Juries, or their dispodificatilm to discriminate, that this had arisen. Juries, oh easel of duelling In this wintry had been composed of men rather of superior intellect. The prtic• tics of the law, therefore, notwithstanding the doctrines of Judge.. or men of law, had be en universally established by intelligett discriminating, and conseitett;ous men, in opposition tip the prin. ciple laid down, that killing in a duel inferred murder. unless ac companied by circumstances proorhig dea.ily malice. The Lesrnee Gentleman than quoted several instances, front that of Glengarry, in USA, derive to the afaletetiveam Me. Stuart of Danesro, sad sir A. Hoswell, in 1822. In all these cams eke wervirors Weld acquit ted, aml in most of them by the recommendation o the Judges, In one of these, the present Joni Preddenthad said. " ;furies have formerly exercised their discretiona-so may you, and find a similar verdict, if you see cause firm the circumventions" He would calf upon the .Jury to give this the weight it toter ontitted to: this wta not the opinioa of a panel's ConmeeL expensed in a pleading from the bar, but the reconnren3atlon of a Judge from the bench. Zr short, tinder the cireurnstances, there was no role, no practice, tie principle, upon which they could find guilt 7 in this case. when it was proved no malice had existed ' • and he would ca' ,l open them not td he led by the arguments of his Learned Brother to decide against conscience, and violate their solemn oaths. lie would moat readily agree that the taking away of life justly three - that respon sibility upon his client which he was now abiding. It was proper he should answer fce it, and it was fortunate few him he was called on to do so. He would now, however, maintain that his client had not committed a crime. but had rather sustained a grievous misfor tune. He was unfortunate in having been injured • he was untbr tunatein having been the instrument of depriving h is . neighbour of life, from a necessity, the cause of which did not originate with himself. Hoping that he had not given the Jury reason to conside; the cases dellittis one, from his apparent anxiety. he left them to decide according to their consciences and discretion. Lord Olt LlES—Gentlemen of the Jury—l shall say littie to you on this occasion, not because I think it an unimportant cast, but because so respectable a Jury as I now nee before me can neelittle all from me. I may say, that nothing I mean at present to ndress to you is intended to weaken the effeet of what you have just heard front the Counsel for the panel. Here we have nothing to do with the laws of benefit; we have to commit the law of the land only, but that law Is a law of reason, and liberally accommodated to hu man feelings. The general rule of the law is, that killing in a duel is murder ; but that admits of qualifications, and I consider that the parel at the bar is within the qualified rule of the law. 1'O:i cannot yet hate forgotten, Gentlemen—if you can ever forget it— the opening statement SO powerfully made foe the prisoner ; and hete I am bound to say, that in no case which ever came under my observalon could less blame be attached to the survivor is a duel than in that of which the facti are now liefore you. 'she charactei. you have heard testified to, by so many respectable and inteilige 1 gentlemen this day, is as high as is possible for nman to receive; and I consider that thronghout this affair the panel has acted up to it. His whole demeanour has been manly, temperate, and fair. alr.: Landale did not challenge on receiving the first insulting letter, nut thinking the lawe of honnur applicable in such a case; but Lis an tagonist thought differently, and evidently furred on the duel. In all the four cases mentioned by Mr. Jeffrey the Juries acquitted the Illarrtraill. iithough in all these the tact of killing in duel was clearly proved or admitted. The deferce made at each of these cases I think was, that a malicious purpose ought to be clearly proved ; and ro it is laid here in four different parts of the indictment, hut in no instance has that been substantiated. You have clear and ondetiable evidence of the reluctance of time panel to tight, and that his great and sole object was the reparation of his honour and cha racter. It has been Bald, indeed, diet from the feet of killing the law presumes malice ; but this ts a presumption which may be re butted by evidence, and of the sufficiency of that evidence, in this case, yin:, Gentlemen, must be the judges. The great provoca qe tion endured was another alleviating point. Th e insult sustained led to the contempt and scorn of the world; the provoca tion was anent and continuous ; and the wound thereb y caused. the of time would only augment and render more Intolerable. I w not trouble you farfher than to say, that in all the cases quoted, if the juries were just and reasonable in acquitting the prisoners, 1 do not see how the panel at this bar can justly and reasonable be l'Ordemned. Gentlemen, this is all I have to say. If you 'flick this case falls under the general ride, you may convict; if you think it falls under the milder construction adopted by former juries, ii u will return a verdict of not guilty. The Jury, without emit ing, immediately and unanimously fours the panel " Not Guilty." Ilis Loarositre congratulated Mr. Landale on the result of the trial, a- d 'expressed much pleasure in the duty which now eleve:e el upon hhn, of dismissing him from the bar w.th a eh:tracer so t o. nourable sod unsullied. The decision seemed to give high satisfaction to an extremely crowded Count. Many Of the neighbouring nobility, and ' e ke,/ of distinction, were present during the whole of the proceedints. The trial butted from eleven o'clock in the forencon till four in tt e afternoon. - MURDER OF JOHN BURKE, ESQ., OF ROCKIHLI„ NEAR ATIILONE. (From the Dia.lin El:cuing Mr. Berme was one of the Society of Quakers, but declined in late years attending at their meetings, and had none of the signs dress usually worn by that society ; he was a very athletic man. 6: letited habits, about 70 years of age and upwards. Ilis only fem . 'y was a widowed sister, who was married to the brother of the late Admiral Don:telly. Mr. Durne was a great stock-master, and at tended all the neighbouring fairs ; was a most punctual man in his dealings, but very rough in his manner, and by no means A fa vourite with the country people ; he never interfered in any way in public matters, so much was he engaged in adding to an income that was every succeeding day accumulating by his rigid frugality and application, so that the savage outrage committed on lam is attributable solely to the plunder of his money. The Athlone Paper gives the following account of this lenge,: nary transaction:— The inhabitants of this town have been horrified by a report. thrt Mr. John Berne. a Quaker gentleman of large property, residing at llockhill, county of Roscommon, within about four miles of town, was murdered and robbed in the night by a band of armed men. Immediately a number of persons left th e town, to repair the residence of Mr. Runic. to behold with their eyes the destruc tion that had been made. On their artital at his house, which is situated in a wild retired part of the country, they witneseed scene which was calculated to melt the coldest heart. In a wall room lay the corpse of this aged gentleman, for he was upwards of 70, weltering in its gore. Ilia mouth was expanded, and his eyes glared in all the wildness of a violent death ; his btaast exhibited two deep wounds, supposed to have been caused by etta shots,and his bed was clotted with gore. On the floor were strewn Inge van lilies of silver, with bank notes, leases, bonds, dm and an het desks lay in fragments, being shattered to pieces by the *readies n their search for money. There were in the house, when the murder was committed, two servant maids, a servant man, and a sister of the deceased. Front their account, the deed was perpetrates' at about two o'clock in o.e morning. There are doubtless some singular eircumstences con nected with this sanguinary affair—circumstances which are cale, , - listed to envelop it in some degree of mystery. Though 'tame had some well.trained watch-dogs, they were silent on occasion • the servants were neither tied (which is usual in case s of this kind), nor injured : the murderers had their faces blackened, and, what is more extraordinary, a bar which crossed the window on the inside of the bed-chamber of the unfortunate gentleman sy.l broken, while the shutters on the outside sustained no inky?. Bloreoler, so well acquainted wee those wretches with the se.net places where valuables lay concealed, that they took away a gi ld watch which was deposited in a recess snider the cover of a kettle holder. It is supposed that the spoil was great, as Mr. Burns abounded in wealth. The murderers took with them three stand of fire-arms. Same time ago Mr. lime, as if through a prssenti: ment of the tragic end which Retaited him, took a neat cottage ut the outlets of this town. After residing in it for some (*tine. ne red tamed to his former abode. SINGLETON Pata.—Thursday.—This fair i 3 princi pally for the sale of sheep, and is, in general. well 'At tended ; this year the sho* has far exceeded :any of the preceding, for the number that was penned. There vv., a difference in price between the present and former ye .r of ss. and Os. per head, yet et these reduction: , very t: , w sales were made.—Preston Payyr On Saturday last, the guard of the Bristol mail way thrown from his seat, by a sudden jerk of the coach, at Quedgley, on its way to this city. He was not missed for some time, and then only by en outside passenger, who having corhruunicated his discovery, the coachman wet! back, and was agreeably surprised to meet him riding b e , hind a gentleman on horseback. Though cut anti bruisrti about the face, head, and shoulders, he was able to eon.. time Vsjourney.---Chellenhass Paper. — W. ,- • _ ~.' . • . ~ cs '' • ' ' , lel . I e s . I • • V' - lir ..-,.., . _ "( --- -----4-6-1 1 f' - ‘' . '"'t" * ." •'. 4 8 ' • ..• opu4t, -„.. l„ ._ ~ • • . • ~..4 . 4 . 1,.i. - . •.. ~ -1 4, . .t ....i'l", I p it , ) .1k t 1%1 4 alk. Price 7d. IA _ . . .. .. • 2 --1- —l. 2.A • -- -•-• wa:e ol 31r. John Chrie:ian HON, 111ecklei.bur;;I ware, the lady of Arthur utant, at S . . lianncer.mquare, A. 31., Captain Richard furrier Hsu kbeth Wawa tl., ;he Manse of rit. Antirew's. Morayshire. /Cameron, El., Writer, Elgin. to 31iits tfthe Rev. SViiliam Leslie, of Ile.loageith, DIED. her 110 .I,t, at ELley. Cilnueenershirc , . John I",tt3t, malty are Vicar ur Ighter of tl:e late 61? puree /licks prat. ,e N3rfle County. r lo.t, is her 711 year, Mr.., Madge lit 'low.' flou.e. , at Eqltston flail, IVilliun Hutchinson, i :tlajc•ty's Justices et the Peace, and VAt Vice-Lieutenant of the ttity of Due. ing inor.ilng, aged 52, 1111 . 1 y. his wife, yam. Esq. of the Island of Antigua. 119 DAY AT LONDON !)RIDOF.. titer U I Evening........ s 6 Ruin. aftiriL PRE m m Office, b S. W.OARLTOI4.Nw 161. . 14001 by It. CANON, IMO piece. Iln•:; rd 11