The British Press; or, Morning Literary Advertiser. — London, England, 1822-06-15 00:00:00

P k triontsi, and prevratinttlie country front lwenming embroiled in the divines amitosis Governments with their own subjects. It. mime tell that the power of the Act was liable to •Inort, burl Mai it. conacientions etterelse might in some instances •be piorhictive of hardship, hut those were the extreme r saes ; nod hi. Hon. and Leeriest Friend had acted most nostikeoly in ongoing upon snch cams, as if they were the obitet• for whirls this power was provided. He rienied that the power hlsl ever vet been alnii.ed; asst lie did not believe that any act of ternlenseti could be futiod exercising the toreros norm of this country, Om would so grossly abuse this power as hi. !too. mad I enum-ul Friend's argument supposed. He denied that thus measure was brought le as one of favour 10 any foreign Government. Whether the Governrneot Of France. of Austria, of Spin, or of Portugal, opplo - il for its &isn't put in force, the inter at of the our would he as Well attrodsd to ini that of another. II was the iluty of Covers. meet to act impartially, and he defied ashy mats to puuduee an instance of this power being exercised otherwise. • Mr SCA KLETT role Mfilitilli repeated cries of " Ad. junto!" He proceeded to controvert the augments ou which the Inuit speaker founded the existence of thus power contend. ed for as a prerogative of the Crown. His Right Hou and Learned Friend referred to the poseur of 'servile • wilt ye exec:: regret', as analogous to the power of exelmilog or le. Moving aliens. But did his Leaned Friend ever hear of the tome of slarh a writ bet upon application to a Court 1111 .1111- tier is a civil suit?—(Hear.) —Did he ever hear of sorb a writ Armhole been issued nadir the sign manual. or by an dialer in Council ?—(Hear, hear. bear.)—As well might he dedere from the isauiog of a writ of capias the ex istence nf • prerogative in the Crown to stool oily man to .peisno.—(llluth cheering )—He strongly opium,. il Stir Bill, 'as imeonmitsitionel and •pper 'sive ; snot &ford that .yen 111 the worm times of mar lan:ury (the orrbitrary reigns of she Edwards and Henrys) itch • power had existed. If the Crown had oath • power this Bill was ounerennity. It rip, p eared Ibis Henry V., being desirous of sending back to illrinsany , some Britons, attendant. on his Clorcu, could not do It until ha had °Wanted AU Art of Parham. et it. 110- iißaff.H. him 10 des so. Hr contended Shat up to the psi iod of Ike lkast imeorhaetion of this Bt its haul alwsys bees dealt with by the common 1• e couffier„ in the stove li manner as other noviduals w re. The Bill had too long defamed. in.a. i i CI C of pram, the law of this corm t ry, and Ise should therefire support the aniendineot of Ins Hon. and Learned Friead. Mr HUME,.l*•esiler that the principle of the Bill might be foully sliscuseed t mowed the odjuurntneut of the question to bissedate Mr. HROUGII ASI gave it e fullest appreciation of credit itts the motives of his Hon. Friend; hot he maid he WWII ester bin realest agaisat the habit that was nightly gaining ground, of giving way to the idea, that whenever a particular boar of the night arrived, the diseuasion in which they might be engaged. war to be as a maitre of course adjourn...l. Besides Ant this practice interfered with the dispatch of pnblie holiness, it induced a baba of breaking off the sites. lion of Members to the debate as that hour •pproachtd; when the greater part of those who were loudest in the call fur sdjourument, had not been present perhaps buff •is hour ;Oaring the Jiiicubsion. The cumequesre was, that matters of the highest importance were gore through without being so completely and fully discussed as those who remem bered the H•ruse In former times knew they formerly were. Lord LONDONDERRY also urged the Hou. Member for Aberdeen not to tress his antondment, as this was only the seemed readier; of the Bill, and it would have to go through IleVell further stages, which would afford future t.ppurivaittea of debasing the question. Mr. HUME said be should press bia motion fur adjourn ment. The gallery was then cleared for a division. The num be, s were— Against the adjournment Fur it ... 16 11Lijority The How then divided on the 01.1'1.0 'notion, when the numbers Were— For the second reading Against it 74 Ninjorily Th. 8.11 was rims read a second rune, and ordered to be remmit Icel. qtr. DENMAN, after the Bill hitl been &tippled of, ob •rt red, tb tan ',terrine. to the printed Hilt, he remold it to be merely a Bill for continuing the Act of the 6tlth of his lite Majesty, %hi. It continued the Act of the 59th, which cunt,. tied the Act astir Mih. So that the whole of the co •ctment• of the present Bill were in be sought fur in the last soused Act, it not twang the ClllOlOl.l to reprint the clauses of an •I 4 statute iu the Bill for continuing the Act of which they formed a part. He mentioned Ito •, fur the purpose of pointing the attention of Honourable Genticairn to the two most °thous clauses of this must obnoxious Bill; end he hoped it would not escape notice elsewhere—he meant the ✓: ties of the public press, that those tao clauses placed the Ihherties of ihr whole 25,000 aliens residing iu this coun try at the absolute disposal of auy our of the three Secrets. rt-. of State. The uthe► Orders of the Day were then diepoeed of, and the Haan adjourved at HA LF.PAST ONE to Monday. THE LAGS DUEL IN SCOTLAND. 'NIGH cot Rr OF JUSTICIARY, EDINBURGH, Jung 10. it teeing understood that Mr. Stuart, of Dunearn„ would thin day surrender himself to stand his trial fur the muerte fre had in the late duel, by which Sir Alex. Boswell, Bart. of Amended:, came by his death, and the duet in thin case be leg situ appointed for thin day, every precaution had been takers to prevent the popular obstructions of the passages to the Xiouri, übtch stieh •o underarandiug was likely to twee woo. Um Saturday last an Act of Sederuut was pas.ed demote& that nose be this day admitted into the body of the Court, except the Faculty, the regular Practiouers of Court, sad the forty-Sec Josue, summoned on the assize. Other regulations were also adopted, respecting the boors of ad. mission, and the respective doors by which the several classes 4)f persons here described would be admitted. Only the gallery, therefore, was available to the public. alai (bat was insufbcOnt to accommodate 100 persons. The doors of the Parliaineut-liouse were thronged by the populace at an early hour, and a strong body of puttee was w attendance to pre serve order. lac noticing the above regulations, we casuist °Mit to acknowledge die gentlemanly courtesy Much was emended to the Reporters fur the public press. Precisely at half-past nine the doors were thrown open to the gentlemen of the legal profession, who instanteously fill ed, not only the seats provided for them, but likewise every arch of stead Mg room into which any portion of the long robe timid possibly be 'were& Shortly after, the Counsel for the accused took their mete In (root of the bar. Among them we Noticed F. Jeffrey. H. Cockburn, J. Mourrieff, .1. A. 51 urray, and T. Maitland, Foy& A t ten o'clock Mr. Stuart esitered the Coati, by way of the Judges' rubieg•room, it being utterly impasathle for hiss to gam adusiesiou by any other entrance. He was 'needed by the Earl of Moray, admiral Flensiug, Capt. Gordon, R.N., David Erskine, Esq. and son, of C,arciross. Several of Mr.Stuares particular friend., who were advocates, had pre •ieuely taken their seats immediately behind the bar: mug these we noticed Robert Fergusson, Esq. of Raub. Several of the nobility sod other distineuiebed persona were accommodated with seats ota the Bench; one of these illustrious perewseges we tindentood to be Prince Castle maski. The S.tlieitur•Geaernl entered the Court • little before ►alt pest ten. He was folkniteti, i• • ree essoutes after by le Lord Advocate. The Omer Crow's Counsel to a ttendnrce were it Dunda►, D. N•Neill, Eery. 1 heir Lorditops took their seals precisely at half past ten. Preirot —the Lord Justice Clerk, Lord Heratand, Lard Gil. Ler. Lord and Lord Succoth. The then read t►e t• d tctee•i, •f which the follow. ion to a ropy : - - " James Stuart, Clerk to the Signet, lately trading in Charlotte street of Ediftburßhr you are indicted and accused et the ortance of Sir William■ Roe of St. Catharines, Baro ne', his Majesty's Adroc.ite, for his M.desig's interest. That &Wit, by she Inns of thou and every Ober orell-go versed rata . mord*, is • crime of an trines, &store, and severely punishable: yet Ism it is and et IY•t you the sold James Stuart are tuilly of the said crime, actor, Or art and part : in so far as you the said James Swett basin conceived malice and ill-will .agaiord the late Sir Alrmsder gl oa well of A uchitileck, Baronet, and 'teem( formed the un nt* chine...gift*: tire said Sir Alexauder Bus ryiTstid iitlwea of the lieges, twil i ght a duel or duel., you slid. upon the ails, or unr or other of the days of March,. 11122, in order to enable you the better to accomplish your said unlawful ilesigis, repair to Glasgow to obtain, through the medium of William Murray Borthwick, formerly use of the proprodor• or printer, of the newspaper called the • rilfteg.ne Sentinel, suit then a prisoner is the gaol of Dura -1 goy, the manuscripts of smoky articles which bad been pub limbed in the said rewspisper, and tither papers sad drier menus corm, tied with said newspaper, which were the. in die treniires in Nelsowstreet, of Glasgow, occupied by :Robert Alexander, editor arid proprietor of thy said serape per, soil lit the lairfel ptlefeSlloll soil custody uf the said Robert Alexander; sou the said William Murray Borth wick having bees liberated from gaol, as arranged and eon. ceried by ur with rem, sud liaeing,uss the 1 lily or use or other uf the days of the said nmuils of March, carried, or caused to be carried, away truss the said premises iu Net son-stcect of Glasgow imacky rritisgs, the property, or in the far fill possession of the said Hobert Alexauder ; and having brought, is, caused to be brought, the said writings to the Tommie Ina or Hotel in Glasgow, where you then was, yon did thereby oldnin anti having. found, or pretended to have found among them, some writioga holograph uf the maid Sir Alexander Boswell, you did ulekedly mid maliciously diallers, the said Sir Alexander Boswell to fight • duel with you; sad a time and place of mecting having been concerted, yur slid, upon Tuesday, the 2611, day of March, 11322, or upon one or other of the slays of that month, or of February immediately pre. ceding, sir of April immediately fo.lowing, upon the ferns of Beitsart 1111 l in the shire of Fife, a little to the noribwaqi of the road from the sillage of Au chtertoul to the burgh alf Kirkaldy, mid about time quarters of a mile or thereby distrust flora the raid village of Auchteriool, in the said shire, wickedly stsd nialiciorely discharge at the said Sir Alexander Boswell a pistol loaded with halt, whereby the said Sir Alexander Boswell was mortally wounded, the ball baron mitered near the root of. the neck ear the right aide s sad shattered the collar hone, of which mortal wound the said Sir Alexander Boswell died in the course of the next day, and was thus murders.' by you the said James Stuart : aad you the said James Stuart, conscious of your guilt in the premieres, did abscond and A. e from justice: and a letter, beating to be dated ' Auchuileek, November 'lib, 1821.' and to he subscribed,' Alexaoder Boswell ;' as also a writ ing, entitled %% Mg Song; and bildresiied on the back, Foe Mr. Alexander, &Wine: Office, Glasgow' • letter or writing, hearing to be dated, ' Dumbarton, Di cembfr 17th, 1811; subscribed ' Iglu/sus; and a writiag entitled James Perry, Esq. late Proprietor and Editor of the Mersin, Chronicle' and addressed on the back, ' Mr. Alexander, SentietelOffice, Glasgow; beteg all to be used in evidence figment you at your trial, will be lodged is due time in Ilse bards uf the (dirk of the High Court of Justiciary, before which you are to he tried, that you may have an opportunity of geeing the same ; at least, time amid place above libelled, the said Sir A. Boswell was murdered; and you the said James Stuart are guilty thereof, or art and part. All which, or part thereof,being found found proven by theverdiet of au Assist, before the Lord Justice-General, the Lord Justice Cleik and Lords Commisawitera of Justiciary, you the said James Stuart ought to be punished with the paws of law, to deter others from committing the like crimes in all time coming. (Signed) " DUNN. M'NEILL, A.D." The reading of the indictment having been concluded, ..4 the Lotto JUSTICI CLARK basing demanded uf the scrawl his plea to this charge, Jr. Stuart answered, in an audible voice, " My Lord, I am not guilty." The Coact ordered that part of the indictment which charged the accused with a design to challenge" others of the lieges" to be struck out. The LORD JUSTUS CLIIIILK thee had placed before him the List of Assize, from which his Lordship selected the foliowiog individuals to constitute a jury :- 1 Thos. Admetus of Carcatit J. Andrnon of Wbithoreh Wm. Psgssi of Unhurt' Sir J. Da'ysil, Bari. of Mons J. %mews 4 , 1* Edinowstone J. ponds' of Dundss . .. . _.. . - Sir A. C. M. Gibson of CU- D. Brows, clothier in Edigg toubsill I burgh Sir,. Hope of Crsighsll, Bart. , R. Paterson, ironmonger time J. Watson of Seughlue T. M'ltiirble, wiue-werchaut J. Haig of Lociria in Leith J. Tbomson of Bur ahem* W. Teller, inert:haat there The Jury having been sworn, the indictment was again read over, and Mr. Stuart adhered to his forager plea. The Counsel for the Crown then proceeded to call wig wames in support of the case fur the progression. The Earl ut Roselyn was the first witness called. A con scission" took place between the Noble Earl and the Lord Jostire Clerk, the aubstauce of which we understood to be, that the presiding Judge communicated to bin Lordship, that his evidence would be entirely her from the danger of inapli eariog himself in any legal responsibility, on accetaut of .bat be might that day derelope regarding the part which his Lordship had tykes in the late melancholy weals. His Lordship replied that be believed the laws exteuded to him that protection. The Earl of Rossiya was then examined upon the Bench, and deposed as follow: • He was second to Mr. Stuart. sod was present on the late melancholy occasion. Being requested to state the circum stances, he said on the 25th Mardi last he called un Sir A. Boswell. and told him be bed come at the desire of Mr. Stuart, and that Mr.S.tadcoste is possession ofcertaiu papery, some of which appeared to be its Sir A.'s handwriting, sod bore the post-mark of Manchlin, and the counter post-mark of Glasgow. Some of them purported to be originals of papers published iii the Glasgow .ternalinel, and one of theta particularly, a song, cortaining allusions disrespectful to Mr. Stuart's family, sod charging Mr. Stout with cowardice. Among the papers there was a letter to the Editor of the &Wheel signed Alexander Boswell, containing some p. aise of the wog, asd other papers refire!. log ou Mr. Stuart, which were in thesame hastl-writing cub the letter which bort Sir Alexander's signature. The simi larity of the hand-writing and of the puss-mask furnished so strung a presumption that Sir A. was the author, that be thought it proper to ask Sir A. if be was the author, or if be had sent them to the newspaper, stating at the same time, that if Sir A. could say, that be was sot the author, and bad not sent them to the newspsfor, that would be conclusive, inatwitbstaudiug soy evidence to lima:retest,. The SOLICIT4III-G !I Int 1L Wig any other person present? Nu—Theu, what was Sir A.'s answer He said, that this was a delicate affair, sod he thought he ought to have a traced present. Wliness said, be thought it very desirable. Sir A. went array, and returned with Mr. Douglas, when wit. nest repeated what he had previously said. Sir A. end Mr. V. desired to cont . '''. together. Witness went away, and when he reiursed, found Mr. Douglas alone. Mr. D. this said, that be could sot advise Sir Alexander to give may answer; that Mr. Stuart was in resat:4ll4m of the evidence un which this application rested; but if this affair should prin.. ed stay further, there were two proposals which he had to !nuke:-Ist. That no meeting should lake place within fourteen days, locaust Sir A. had some family business to dispose of. 2. That the meeting, if auy, * should take place uu the Continent. Mines& bad no hesitation in replying, that on these conditions he thought the terms were such as would be agreed to. He had copies of the naanouripts and papers in his baud when he called on Sir Alexander. He had a sung sod a paper signed ". Ignotos " He thought the snug of Cr.i the rsure importance, be cause it contained two direct imputations of cowardice. He eansiderred Mr. Stuart's character implicated by those papers (which being *hewn the niters', he identili.d them is Court.) Mr. Douglas said be would nut ad vise Sr Alexander to make any answer at all. Witness afterwards saw Mr. Stuart, and proceeded immediately to Mr. Douglas, and stated that witness was grieved that no elle/outlive was left to Mr. Stuart ; that Mr. S. agreed to both the conditions stated by Mr. Douglas, namely the delay 014 days ; and that the Inert mg should be upon the Cognitive' ; sod it was stated by Mt. Douglas that so soon se it should be convegilent for Sir A. to be is Leaden, after moths' his business, witness should hear either from / him or Sir A. Witness said be should advise Mr. Stuart. ; who had airiest business is Loudon', to proceed there wittout delay. Wit. life/ said that he abouleigge also there on or before the Bth April. It was arced that all subsequent arr.ingetneuts es stetting the meeting ow the Continent should be Bellied when all the pasties were in Loodoo. Witness then asked Mr. Douglas if there was any possibility of not carrying this affair any further —Am Mr. Stuart would be content to i. treat the song as a very bad joke on his part, provided Sir A. would say that he did not Mead any reflection ori Mr Sta•reaciAraleett Mr. D. said he bad no hope Sir Akxander ' would say any such thing. iVitoess left Mr. D. to return to Fife, in the convicti on that every thing was finally settled. The bo at was ready, but before he embarked, he was Sc' coated by Mr. D. who said Sir Alexander bad taken the ad. vice of • legal friend, and in consequence thought it DO longer necessary to go to the Contioeut, and that he per ferred to bait the meeting in Scotland. Witness objected to that, as there were many circumstances that rendered it desirable that the meeting should toot be in Scotland, sad be should expect the appointment of the place of meeting to be reserved till the meeting in London. Use reason be named was, that he thought it possible Mr. Stuart might al. ready have set out for London. After some discussion Mr. D. returned to Edinburgh, sa)log, at parting, that at any rate if the meeting took place in Front e, and Mr. S. fell, Sir A. could not be bauged for it. Mr. Brougham called on witness next morning, at about from • qn to eight to half.past eight o'clock, and stated that Sir A. had bees bound over by the Sheriff of Ediubwrgh to keep the peace, and that it had been settled that Sir Alexander Boswell mad Mr. Stuart should meet at Auchtertool that morning, and re quested witness to meet Mr. S., which he did. He went there, and bad some conversation, and fixed on a piece of ground near the roadside. Mr. S. sod Sir A. arrived in car riages and got out at the place they bad fined upon, he be lieved at ten o'clock. The pistols were produced by Mr. D. and witness, Mr. D. sitting down, and whams standing ; Mr. Douglas received from grimess the measure of powder for each pistol, and the ball, and rammed them down. There were but two pistols, of which Mr. Douglas took one, and I the other. The ground was measured twelve very long paces. The pistol' were delivered to the two parties respectively, one by Mr. Douglas aud one by me ; and it was agreed that they should fire by a word. Mr. D. looked upon him to give the word, which be (witness) did, and they fired. Sir A. fell. Every prosible assistance was afforded to Sir A. who was aided by medical assistants amid Mr. Brougham, who during this transaction had remained upon a hill. Mr. S. advanced with great anxiety towards Sir A, whose situation and necessary tmaisseot rendered it im possible for Mr. S. to speak to bias. Witness hurried Mr. S. to go away. Those who remained, together with wit. nese, lent their assistance to convey Sir A. to Bailout°. Be fore any thing took place on the ground, Mr. S. asked witness if it was nut fit that he should make a bow to Sir A. sad ex press his wish fur a reconciliation. Witness thought it right. Mr. S ad d towards Sir A. apparently for that purpose; Sir A.'s back was t h en turned, and be appeared to be walk ing away from Mr. S. By SOLICITOR GiNtRAL.—Mr. Wood, Mr. Liston, Dr. Johostou, of Kirksldy, and indeed every perm, who was there, aided the deceased after be was wounded. Nothing material passed between Mr. 1). and him on the field, rela tive to a reconciliation.. Certainly wttuess felt every way disposed to promote such an object, if such • proposal had come from Mr. I).; bat after what had mimed betimes Mr. D. and bl,m the day before, be couremed that he thought the case was desperate. Mr. Douglas was sepaisted with the late Sir Alexander Boswell, and recollected an interview with him sod Lord Rosalyn on the 25th of March. Lord Rosalyn held (he thought) two papers in his hand. His Lordship said he bad called this tweeting on a very unpleasant business: that those were copies, but • friend of his, Mr. Stuart, bad gut the originals, which contained very obnoxious epithets. That the papers were unsigned, but among them was a signed letter; and from otsking the comparison between the signed and ourigned papers, they bad no doubt but they were written by the same person; that they also contained the Manclilin postmark, and that the presumption against Sir A. was so stroog, that he had thought it nee sssss y to call this meeting; but if Sir A. would say that the ;rapers were out his, nothing further would be said; or if they were his, and he wouldlay that he was sorry for it, or that be did not mean any thing Injurious to the character of Mr. Stuart, that would be sufficient. Sir A. said he would out deny any thing that was signed by him; lint as to any thing that was not signed, he begged that he alight be asked no patients. Sir A. thee retired, sad that interview was thee at an end. I. • subsequent interview with Lord Roselyn, his Lordship stated that be had sees, Mr. Stuart, and that they were still of opinion that these were Sir Meese der's writing, sod he (witness) was instructed to commu nicate to Sir A. Mr. S's demand of satisfaction. Sir A. had anticipated this, sod bail instructed him what answer to give, should such an application be made. That answer was, that his brother bad died, and his eircumrtasees were considerably altered in consequence, and be must demaud a fortnight's delay. Lord R. assented to this, sod said be considered it highly proper. He was also instructed to pro pow, that if any meeting should take place, it might he un the Cumiuest. To this also Lord R. &wale& Lord R. might have said something about going to Eciadoo, but it did pot make any strong impression on his memory. Loud R. then went away. Witoess saw Sir A. immediately after wards, and comaisuicated to hint what had passed. Sir A. expressed his regret that he bad out seen him previously, as he bad since seem • legal hired, who saw no necessity for the meeting takiag place oa the Cowinent, and he therefore wished it to take place iii Scotland. Witness immediately followed Lord R. sad communicated this change to Sir A's • ishea. Lord R. bad no objectiou to the alteration, pro vided Mr. N. had none. Witness called on Mr. S. who ap peared to have nu objection himself to Scotland, but wished to cousult with Lord R. before he gave an answer. lVitures communicated to Sir A, who said, in consequence of a con version.n with his mar of business, his affairs were so far ar ranged, that the meeting might take place in a few day,. He communicated this to Mr. S., who said, he did not think it proper that lie should have any cooversation with the willies, bat he had • friend at present in the boom (Mr. Brougham) with whom the business might be arranged. Mr. Longhorn proposed • meeting near Bet wick on-Tweed, eills. r on the Scotch or English border, as might afterwards he de cided; and it was agreed that this be communicated to Sir A. and Lord Rossiya. In the mean time, however, Sir A. was bound over to keep the peace, and WI cousequenee it was pro posed that the meeting should take place the next mousing. This proposal witness communicated to Sir Alexander, who at WWI agreed to go out the following moulage with Mr. Stuart. Fileshire was proposed as the place of mertiog, it being the easiest way of getting at Lord Rosalyn, and it was desirable to pt over the business as soon as possi ble. Auchtertool was Axed upor, as being the nearest point of meeting fur all parties. Koala sot being provided, Mr. Drinighant said there was a pair at L..rd Rthislyser anti Sir A. was welcome to the use of oae of those, if b e bad nu objection. %Imes' assented. Witness the. described the arrival of the parties oo the ground. Witness advised Lord Rosalyn not to pass through the village, lest be should be known. Lord tt. went another road, and was first on the grossed. The ground was approved of by all parties. Wit. stem asked Lord R. if be thought there was any chance of an amicable arrangement ? Lord It. said, he feared out. Lord R. measured off the ground. Witness desired Dr. W. " rot to stand so near he replied, " lie wished to be wear, lest Sir A. might die before he could come op to hie as. sistaace. The parties having taken their positions, Lord R. proposed that witness give the commaud ; wittiest' said he wished Lord R. to do it, which Ilia Lordship did. (lo their way to the ground. Sir A. consulted witness as to firing iii shrair or nut. Wont.' raid be (Sir A ) most consult histories ketoses on that subject. Sir A. said be had perhaps, in as unhappy moment, injured Mr. Stuart, and therefore he should tire iu the air, Witness NUJ that was exactly his owls opinion. On the field he Jul nut notice how Sir A. fired, as he felt cowriaced that Mr. S. was in no danger, but he kept his eye on Mr. Stow t. Saw him raise his arm, which appeared him sad sssss us, but be coati not tell the direction exactly in which it pointed. Both fired : there was just a difference between the tints of the two reports. Mr. S.'s was rather first. Sir A. fell. Assistance immediately was rendered to him. Mr. S. approached, sod witness ad. vised him to flee. The oat, words which Sir A. spoke to wit. mesa theta were, that he regretted be had not made hie fire in the air•more decided than it had been. Sir A.'s wowed was oat dressed on the field, hat at Dalsouto Hoes*, whither he was immediately cow/eyed. _ . - De. Wood, the wit oilman', detailed the eiretteastaatei lds Laving bees called upon to accompany Sir A. Boswell to the field. Me.Wallter, tutor to Sir James Boswell—ls well acquaint. tit with Sir RIeRSINier'S hand...o6llßK. shown the litter from him, declared it to lie his band writing; shown the **Son& raid it was extremely unlike Sir A.'s writing; chews the address of t►e said meg, thought it was like Sir A.'. writing. W. H. Linn, encraier.—Shown the letter signed Sir A. Roswell, sad the Whig Song; mid that when he first saw them he thought the writiug was different to each ; but when be saw them or Saturday he felt ioclioed to alter his opinion. Mr. William Spalding, writer and private agent for Mr. Borthwick, described his going to Glasgow in company with Mr. Henderson and Mr. Stuart, to liberate Mr. Borthnick, who was is prison for a debt of fifty pounds. Mr. Header. eon called on Mr. Stuart to suspend an action of damages against Mr. Borthwirk, and it was eventually agreed that Bortlawick, ma being liberated, should go and procure certain snamescripts from the Sentinel office, which be did. They were mat to t►e Tontine 100, where they were maimed by Mr. Stuart, Mr. Henderson, and himself; Mr. Henderson knew Sir A.'s Isauilwritior„ and all t lie papers written by Sir A. were laid vast from tile rent. The MSS. now show. witness were those which were selected from the others. It was witness who gave up tlit MSS. to Mi. Stuart. Crou.examined by Mr. COCCIIIIRL—The 501. by which Mr. Burthwick was liberated, wax paid by Mr. Henderson. No part of that money canto either directly or indirectly from Mr. Stuart. This closed the case for the prosecution. The fullowiag wituermsts sere the° called ou the part of the defeace:—. Mr. Henderson, writer in Hamilton ; knows Pile. Borth wick ; had been employed as his agent. About 29th December he gave him cedars papers, to order that he might get quit of certain actioas of damages. Came to Edinburgh about the dleofJawwaryfor that purpose. Hail no communication what. ever then with Mr. Stuart; did not thee know that gentle man. Mr Borthwick was then imprisoned fora debit of SOL Came to Edinburgh fur the purpose of getting; him liberated, for be felt convinced that the debt was not doe. Was pry er/dusty aware of processes hronght by Mr. Borthwiek against the other partner in the Glasgow Sentinel, and a judg. men was pronounced agaiust Alex.inder, trot horising /Swami& lo take possession in six days, as Adexauder bad not implemented the bargain with Bethwiek. Knows that Mr. Borthwick dill take possession on the Ist of March. He was arrested that night on the •Ilegtd debt. Witness came to Edinburgh on the Tuesday lowing ; he thinks the 511). He applied to Mr. Spalding, whom he had previously employed as Borthwick's agent, to present a bill of euspensiou. The bill vas merely pre. sensed. It could not be granted. without an answer. Wit. toss therefore resolved to consign the money to the hands of the gaoler. Wittiest' was to have advanced it himself. be knew the debt was false, ant that there could be no risk. Witness afterwards applied to a person to introduce him to Mr. Stuart. His object was to get Mr. Stuart to rung° as action of damages which he bad brought against Borthwick, and for that purpose witness desetibed the man ner in which 13orthwiek had been imprisoned. (Jr. Stuart replied that be could make no promises th a t Le was convinced Borthwick was not the author of what Mr. S. called the libels upon him; and if Boishwirk would give up the authors the action should be discontinued. Wil lie . ' said that Hardie/telt bad often expressed his wish to be in. traduced to Mr. S. and !us readiness to give up the authors, provided that he were fre,d from the action of damages. Mr. S. went with witness, and cawed on Mr. Speicher:, and they proceeded to Glasgow. They obtained an interview with 8., who said, If he were liberated, he would resume possession next morainal the usual hour. Borthwick said he had keys behoogiag to the office; allure, die not see any. Witness Procured tbe liberation of Bortiomck oethe Smalley evenieg. —[Wituers here said it was proper to stale, that when Borth. wick was liberated the drat time, be gave witness some ofthe sersouscripts. Nose of these contained the name of Sir A. Buswell.)—Mr. Stuart was oot present during the II tilde time of the interview; he went to bed. Borthwick, when liberated, west to the office, accompanied by witness's clerk, sad one Louden Bahamian (formerly a journeyman is his employ), as witnesses. Robinson shortly afterwards returned with a boodle of what he called newspapers, but which proved to be ataumacripts or newspapers. Mr. Borth. wick came some time after, nod said be had been prevented from examining the papers at the office, on aeconal of the violence of Ale:ander. The basid.stritiug of Sir Alexander Boswell was not discovered until all the hand-writings had brew assorted in different parcels. Borahwiek said it was the writing of one Sir A. Oswald, as he called him; but he said there was a letter front she gentleman, damsel( among the papers. Thus letter war found. It pinned to be from Sir Alexander Boswell to Mr. Alexander. Mr. Stuart expressed great surprise and astouishnient at this discovery: Mr. James Gibson, W. —Witness saw Mr. Stuart afar the affair bad takes place—it was in witness's room. Winless asked what was dune? Mr. Stuart rag to a corner in the room, covered his face with his hands, and after witness re peatedly asked him the question, he said he was afraid Sir Alexander was mortally wounded. lle said he woe no situ, be wished to God be had, for he had never fl ed • pistol or foot before; be would be 90410 miss him, Wiillelld advised Mr. Stuart to Iy the country ; Isis remaining would ouly ex pose bite to unnecessary imprisonment. Dr. Coventry and Charles Dalrymple Gardiner proved the letter signed lowing," the Sung. and a letter signed "Murk Tod," to be in the hand-writing of Sir A. Boss. 11. Sheriff Duff recollected proceedings before him in March last, at the instance of Mr. Alexander, to recover ci r tato papers alleged to have beets stolen from the Setif inel Office, Glasgow; be ordered them to be lodged at his office, übich, under a protest was complied with. Witness identi fied some of the papers shewn biro to be the sante as were in his petuial easiody from that period until they were deli. sieved up to the Crowu Agent, as evidence on the t. jai of Wm. Borthwick. Witness recollected a reticestre between Mr. Stuart sad Mr. Steveuron, and their being bound over to keep the peace; also recollected that the aß?uy arose out of garage in the Beacon, which he (witueur) considered very abusive asrespected Mr. Stuart. Mr. Spalding was recalled to identify there wipers, to be the same as were found at the Sentinel Office, and altcrwards delivered up by bins to site order of Sheriff Duff. Lord Kinadder, Doctor Robertson Barclay, and several other Gentlemen had known Mr. Stuart for various pintos!, from 40 to 30 years. All these witnesses bore trai meaty to the mildness of his disposition and his good temper. Mr. J then rose and said here they cloud the case fur the defence The LORD ADVOCATE vindicated the course he hat takes in eusistitatiug the present prvcrediugs. He ergur rt the►.tW killing of. person in is duel, however fair it might bare b. e* fought, constituted the crime of murder, and that the Inw of Scut laud did rot justify the slayiug of a fellow•creaturc ex cept in ibe ease of self-defence. Mr. JeFIREV, In a long and able speech, contended that it was the tutention which constituted the offence, .rad that his clieut had no or malice against the derearad. There would ever be a vast distinction between the crime of murder and the practice of honourable duelling. He tire• proceeded to quote Dr. Johnson, Lord limes, and several other authorities iu support of tbss opiurau. He aiso pouted nearly all the trials for deals which bad taksn place during the lung reign of our late Sovereign, iu order to show as well Ilse upraising of Juries as of the Bench. In the last reign 170 duels were fought in Great Britaiss and Ireland: ufthe.e be. twee• 60 and 70 were slain, while only 10 or 20 of toe sur vivors were even tried. 1 bele hail only been two or there respitel convictions, mid those were in cases so *unmated that they could nut properly be diatioguisised from assassi -11111110111. The LORD JUSTICE Cutout, io his charge to the Joey, hid it down as clear and decided law. that billies: in a duel is 'mur der. The law, thirefure, on such flatters, he conaldem4 to be quite reified.'that, Si to the ease before thefts, the Indictment accuses Mr. Stuart of malice, and with Ora hit her, of having gone to Glasgow to pr. u •nrc pip.•n from Buelbwick, and thereafter to challenge Sir Al. x.u.dr► B.N. well. Nuw there was not even an attempt to bith.taigitate this part of the iocheincrt. Out the contrar„ it sop...it'd that Mr. Stuart was utterly ignorant ut oho the author of the calumnies was, before been. the pm pet. In (:la. Fie could mot therefore hare gone to procure the.e pop. e, tinder the feel. Fug of malice or to the uofortuuste (milkman whose death had led to this thoeucmott. The tressed Judge quoted part of the evideoce, provLd that Mr. Slniet was ignorant of Sir Ateraadev i e being the anti until the papers were 'bean to him—until then lie had slot even suspected Sir Alexander. But the relit (lucid ion ws, after having procured thong papers, did Mr. Stuart, ditately and nisliciously:chalteage and murder Sir Alexan der. New, the .Jary would cussider the white circunt stances of the cue. The evidence, the remit and *nit distinct yo had 'ever beard in a court of law; was before the Jury, and by that they Would peteeive what had besot the cooduct ; sod what tbe steps taken by Mr. Stuart. Tilt Earl of Rossiya spoke dietincity ou the subject, and he wa rn corroborated by the distinct testimony of Mr. Dotal**. Mr. Stuart evinced nu antics towards Sir Airy-wader throughout the whole rosin of the traassetioo. The Jury would also beep distinctly in view the nature of the of. fen made by Mr. Stuart :—they were two—either that Sr Alesander should disclaim being the author of these papers, or that he should state that be was sorry (or hating coat. posed these satires which he had not intended to hurt env character gr wound the feelings of Mr. Stuart; Sir Ale% seder, unfortunately, would not consent to either of the.. proposals. The Jury would keep in view Mr. Siusrt'. Condones us the field, and his conduct after that fond event—the contrition which he expressed for the fatal Lb. and the total absence of all visdict tee feeling oil Lis part. In every =nor this kind where snarler was chenurd,it was rnuiii material to consider the gesentl character of the party Flee tlied for that entered deeply iota the case. Now, in the whole anise of his practice he never had limit higher, or more distinct and discriminate praise bestowed on any chamfer. In good taste, the evidence on this part of the case consisted of gen tlemen opponents to the Prisoner iot polities. Use gentk. man had stated, that he sever knew one who polarised loose of the milk of human kindness. Another bed hero his ar. rriaintnoce fur 20 years, sod during that period he mi.?. heard Lim utter an angry word. Mr. Hay Donaldson, his late partner, a person well qualified to js lgq had given a similar evidence. The Learned Judge begged it to be distinct ly understood, that he was not, and he hoped no Judge mould be, friendly to such enessures as these, or ever give their connenance to the crime of duelling. Ile lamented, and the public groaned under the lamentable lirent:ounei4 ut the press;—he hoped It would cease, it would receive no cousteasnce from their Lordships. The Jury would we;gh all these circumstances seriously is their ninth:, they would give a verdict consonant to tho dictates of their own con. science, and, if in this ease they were wont& to come to a derided and ckar opinion, the advantage and pnidege of that doubt belonged to the gentlemen at the bar, The Jury, without leaving the box, returnd as sunni ness verdict by their Chancellor, Sr Johs Elope, haling Mr. Stuart Not asilfyrof the charges libelled. The verdict was received, by a very crowded Court, with loud chews,. Mr.Sionn was then dismissed from the bar, said is rtlio tag was congrandated by a great number of his friends. The trail was act over tall half past four o 'c lock this morning (Tuesday), and during all the time a great crust were assembled rusad the Parliament-bossy, mammas to karu the result. THE BRITISH PRESS. LONDON, SATURDAY. Juni 15. 1824. The Marquis of LANIDOWN. is sa eloquent and comprehensive speech, lam aught brought the state of Ireland under the consideration of the House of Lords. He described, in forcible terms, the mul tiplied evils, political sod moral, growing out cf the judicial, magisterial, fiscal, and tithe systems, and proposed • resolution implying the necessity for inquiring into the subject, •S with a view to im prove the condition of the people, Ind secure the tranquillity of the country." This was met by the Earl of Ll,llllOOl with the previous quotien t which was carried by • majority of IS—the num bers being. Cootenta 60—Now-costests A very intervestiag courersatioo took plate List night in the *mat of Conitneso ors the 'abject of the County of Kent Polities. The fate of Mr. Westreart's motion we considered decisive of any attempt to restore a paper currency. The converse. tion of lost night will probably prove equally de cisive against any proposition (or the redaction of the littered of the tattoos! debt. There are few cases of • more honourable dnel than that which uofort•netely took plot between Mr. STVART cud the late Sir ALEX. BOSWELL— a full report of the iutrre•tiog trial of which it formed the subject is give• io our preceding co• lonsua. Two Lisbon MaHs haws arrived with Papers to the ta instant. A tu..t.nn was wade is the Cortes to ammend the expedition s consulting of MO troops, to llibia, until the subject bail undergone farther discussion. The motion was rejected, after a debate, by a majority of SO to 43. We hire received the Paris Papers of Tuesday. They contain intelligence from Consiantioople to the 15th list, comprising the accounts of t►e Porte haring consented hi evacuate the provinces of Wallachia and Molil4Ma.—The Address in reply to the ligne - a Speech, as prepared by the Committee, was discussed in a secret sitting of theClasinber of Deputies en me 101 h, and finally adopted, slier a Toy snimairil debate. The Journal dee Dubai, sap, the most impnruuu discussions look place uu the subject of the ve hlions of France with Spain, the expedition of &Inaba, the queidiun of peace ur war in the East. The Fire per Cral. Consols are 92 f.; Bank Actions 1,635. —Lachance Cu Eolithic...ooe Month Ysf. 33c.; time f. 13c. . _ Last night his M &MIT pee • ball to a distins gui-hed party. Yesterday the dispatches for Bengal by the ship General Hewitt, Captain JAMES PEARSON, were closed et the East India House, and delivered to the Nurser of that ship. Juaw t wrare Room, Esq. nom;nated by the Lord Nlayor at the last Court of Aldermeu to serve Ilse (AG.* of Sheriff for the ensuing year. has 'mid lila hit into the Chamutitr, to be excused ',cit ing the said office. DRURY-LANE THEATRIL—Tiir play of 71,c IlfauntgineArs, and the Near* of Inkk mod rarico. were last uiaht prevented, as the eoucluding pellOiMancts of the season. A mute happy *election could um have tames) made, for they were both simppoi teal it, a st ) k of es .ellruce which was Ml[llBll4 to leave a pleasiimg impression nu the wands of Omar who were present, and oho will ilindoless tuck forward with eagerness to a revival of those s eem-140.0t which a veil has fur a time been tio.t, which, whet, drawo sti•iitc, will discover them adorned with a brighter tint, a nd aoinisteil with fresh vigour. After the coneltigion of th, play, Monsieur A DM whose Come as a Veiltrilort•t is spiead through I.lthope, afforded the audience a graliii ing treat in the display of his antraurilinuey powers in a me-- act piece. The hal kin of dogs, squatitsig arms, cilia of a elute', Ste. pee,duced s very furticrows effect, and the while pedminatiee was received with unbounded applause. Wr ore authorised to state, that the new or Madam Vaseats was erroneously advertited ur La Ga::s Ladra at ilw King's Theatre for day neat. as that lady commences her engages•ta at the new Theatre Royal, Haymarket, on the eb evening. ref mid rublobril at THE BRITISH num ." J THE MAIM OlSre, No. II; Woad, by E. CO.is• IS ELL, of the bustel. I,