The Sun. — London, England, 1803-01-12 00:00:00

144 r PY the babe, whose infant years, Are free frOM manhood's busy cares, Which a sad life employ ; How tranquil pass thy youthful hours, Nor friends are false, nor fortune lours, And nought disturbs thy joy. Eut when with age, thy woes increase, Ah ! bid a sad farewell to peaCe, Eternally adieu; No more th' enchantress wilt thou meet,' It.**Y thou shalt rest thy weary feet, n:t f • Dettiatb a grove of yew. 1 1 I. Ah ! much I envy, babe, thy lot, And envy much the paasant's cut,. With rose and jasmine twin'd ; Then would I give the Waves my tears, Th' ambitious world, my hopes and fears, My sorrows to the wind. t SELIMA. CORN EXChANGE, JAN. 12.. We have tut few fresh samples of Wheat to. day ; frolp the prospeft of the Thames Naviga. Lion being. stopped, there were many Buyers, which caused most articles to sell readily at a small ad. vance ; Barley and Malt, though plentiful are brisk, as are Pease and. Beans of both :tOrtsi al. Clough a good supply of Oats, from the demand, they go off full s. higher; Flour has more ready vale. Wheat 465 a 5254 595 od. Fine ditto - 6os a 6ts od Barley . 245 a Alis od Malt - 4os a 465 od w 355 a 38s Eqi white Pease 335 a 4 05 0 ( 1 I/ "M - 335 a 375 Ocl Tick Beans 3os a 33$ od Oats - Iss alas 23s Poland ditto 24s a zss 6(1 ltapeSeed 321 a 351 Fine Flour -45 s a sos od Secancldo. - qns a 45s The f o ll ow i ng account i s given in the Dutch Paper s of the number of Births, Deaths, and Mar. riages, in the Cities of Amsterdam and Rotterdam, daring the year 5802 : , f, , AMSTER 13 AM..—B11111S, 4.4.61 ; .yeatns, 7386 ; 657 less than in the preceding year.—Marriages, 1961.. .. , 49rrekoAm.---.imps, 2021 ; 152 more than in 141.:—Deatlis P!'ee4lin , 22 45; 373 l ess ' than in the year g . Mrriag es , 66 3 ; an i ncrease of 107. At the Hague the nu m b er o f D eaths ' were 1252 ; being :37z less than in 180 r. The celebrated Manor of Flixton, in Yorkshire, 'Y an award of the Commissioners for the' Lido. , Su re, has b een determined to b e l on Free. foreil noldrs at larg g to the e. Of cou rse, the greatest Proprie. l have the greatest share. A respedable Tradesman in Price's.buildings, Gravel -lane, Southwark, having with his wife been to chapel on Sunday evening, _on their return, at eight o'clock, found their door barricaded against them by some thieves on . the inside ; t h e shock threw t h e poor woman into fits, but th e prudent. conduEt of the husband, aided by some G ent l emen pensi on • . 4 .41,0 - were passing at ' the ti me , caused the..appi : e. of the villains, who were concluded to a plate of safety examination , from w h ence they were taken foe and committed. On Thursday evening last, as' Mr. and M rs . Clever, were returning h ome to Botley, from sto hop's Walth am , a b out, eight o'clock, they were pped near the gibbet, by a man with a handker. chief across his face, who held a 'pistol to Mr. C. anti demanded his money and watch ;' he gave his purse, and Mrs. C. gave him What money she had ab uilt her ; neithe r of them had a watch. The man seemed much agitated. the A Master Carp enter was on Monday taken before hi s wile M agistrat e at •Marlborough.street, charged by that with assatthing her. Th, • they had b een married severale, years, woman and stated were much place when h used to . wrangling. O n S aturday a dispute took , he seize d h o l d of a knife, :and Ihttatened to kill her. She said she was afraid ft) re. l o li f l ' l 'tne. In his defence lie accused he'r of being . 6. 1 4 , ni°st turbulent' nature, that she haul almost: W. -I ' l ll4n mad by.her bad condud, having pledged is pra,, e ,. : r iiy, and made away with his - money. He 11'1educed a 1 th e num ber of duplicates. The Magistrate l v • i i sile " t9e pat ties to make up their differences.— l e woman, however, refused to accept of any'con t{ssi". Heis a ,man of property, and several re. ?Ptdable persons came ,forward to give bail for his iiPPearance to answer the as.saUlt at the next Sessions. _ YeSterday was inahieti, the Rev. W. BRowN, of Woodstock, Oxfordshire, to Miss I?, I. tzn F }writ, ,Of Kentish;rown, Mithiles'ix: ' , ' l4 : .. " thinrile Surrey Sesions.Commenced'yesttrua.l% qut ncL " g occurred of a public . nainre ;• the . Court ‘.v3F , o w f tl ; l ll r Y o ,7, iain ct i Pie t d e : s i t i . earing and determining subi,a, Last week sever a l 1 "2 "ers in Essex were robbed of hors'es, tiheeo • and black to Mr. Wood, of ‘yaliping.wao, I,„a.a most valuable On Friday last, w...e.t.5, mare stolen from-him, at Chio.wen-ro ci 1 1 which, it 'vas sus hits, was rmielo , Colchester, us a . quire answering her description was seen there. Indr, Tuesday morning last between the hours of one two o'clock, some -villains broke into tbe t4ivelling.,houe o f . mr, Edward Walpole, of Clip 't(nle, in Northamptonshire. —To effed their. Pur- P ( !se, they took out one of the lights of a. back' in cic)w, in order to reach the' fastenings Of the num. at which they entered. They were proceed irt up stairs, with a landiorn in their hands, but w!re.prevented by the stair-case door being barred ‘lllthin.side; anti the gleam s of the candle being ilee rnea by the family, who had been previously awakened by the noise, the neighbourhood was in, st4ntlY alarmed. in order to prevenctimely assist_ , ton being given, the robbers had used the pvicau. C ll of securing the doors of the neighbouring t 4 nlies, by tying stakes across them; but the &it ter464es of the family, consisting only of two elderly 4 ons and a servant ma.id, brought several ricigh ,.4'uts to their assistance, who, when they artived, tlatind that the villains had retreated across the; back i li ln d of the h ouse, without effeding their p u tpose• tr' l is the second burglary attempted upor s t h at -17tIlirlt in the course of the Felten' winter. zvt iv vxci HIGH COURT OF JUSTICIAR'Y. 'Tim day the Court met to proceed. in the tris i t of Lieutenant.ColonelG BORGE MACKENZI F, Cap!, J. B. MACDONOGH, Ensign GEo. - LAtitoia, Ser. jeant ANDREW . MACKAY, and Serjeant ALEX ANDER SUTHERLAND, all of the late Regiment of the Ross and Cromarty Rangers, accused at the instance of DANT L Rose, anti three other private prosecutors, with concurrence of His Mi6esty's Advocate, of being guilty of the murder of certain persons, named in the Intigtmenti. on.:the 4th of June last, in the streets of the Town.qf 4berdecn. When the names of the , Paeuittig wcre„called v over, John Lanigan did not. appear,;, upon. which JAMES MONTGOMERY, his Counsel, rose, and was about to address the Court, but he was informed, that,' unless his client was present, not a word could be spoken by any person appearing for him. After being called, according to the usual form,: and not appearing, the Court pronounced sentence of fugitation against him. All the other Pannels were at the Bar, and the IndiCiment being read, they 'pled Not Guilty. Lord CRAIG, who sat as President in absence of LORD JUSTICE CLERK, said, that as defences had been given in on behalf of 'each of the Pannels, he thought it ' would be proper that these defences should be first read, after which, •as it might be expeeted, that the Counsel for them would lead a proof in exculpation, the Court would expel they would state as particularly as possible, so,. as not to hurt the interest of their clients, the nature of the proof they were to bring forward. His Lord. , ship further observed, that though in this Indictment there were many relevant charges, yet there might be others to which the Counsel for the Pannels.might oppose objedions, the Court would therefore expeCt that the objeetions and points of law would be stated as precisely as possible, so ,that the Court might well understand and decide upon them, in the hear. ing of the Jury, before they were chosen. The Defences were then read by the Clerk of Court, after which Mr. HORNER rose, and pro ceeded to state the case on the part of the Pannels. Wht."RAtt and Mr. JOHN BURNET, two Of the Counsel for the prosecution, made a few obser. • vations in reply. The Court . delayed further prPcedure until to. morrow morning, at ten o'clock. , ~+ . 1 ~ . ~, t ~J FRIDAY,. 7ANVAR.7.4. *LORD CRAIG IN THE This day the Court proceeded in the trial which, was adjourned yesterday. After the Panties were called, and before p to . ceeding in the trial, Lord Du NSS I NAN said, tf,at it was yesterday his opinion, that from , the imp/tame of this trial, and the manner in which the India ment was laid, it would have been useful for' the Court and, jury to have had information., upon the. points it embraced ; but as the Learned c:ounvel for the Patincls had stated that' they dig not mean to rest their defence upon whether • such and such crimes were committed, but sim}; l ,y that they had no concern therein and•had als , ,e stated that delay would be attended With great expence, he would, therefore„assent . , on Ills part,, that the'CoUristould proceed tiLelay. . ,• Lord . ME IVEN spoke to the same efreCt, and added, that it was of zifich importance for the :fury to have. had these po;,tits of law discUssed, and it was what they were (intitled to. Lord cur..l..esr 6a"ld, he tUund this cause and this indiCtinent 'involve / a more important points of law than any which 'dad ever coniu under his observa tion. 'With rvipen to the different charges eon rained in the indiament, he could have wished.it had been stripped of every one htit. murder, and then it would have been less-involved. As to what the proof might Amount 'to, het could not.. , py ; it might arnonot to murder, or culpable lieeAsate, or justifiable homicide.; but ,wlntro, j ur .mitif o be, the Court ought to have had full i p/m/outwyjf judg. ing of all the circumstances anti s etv3e,,ylii,w in the libel. In the course of . the evideqe there may occur many points of law extremely nice, which it would fall to the Court to determine. They may he very intricate, and of such impertance as to de, mand more deliberate attention of 'the Court than can this day be given. He agreed with what had' been well said by his Learned Brother who spoke last, that the Jury were entitled to this, in order that they might : be - fully satisfilzd how the law stood upon-every point. If it is 'complained that the ex. pence of delay would be . greitt, that is - the fault of the Parties, who had it ie their power to have brought the trial on sooner had they - inclined, and then the points of law mi 4 ght, have been maturely considered. His LOdshipeoncluded by Saying tijat lie could not acquiesce with what had been pro posed.' Lot a Aloe A , o,kei made -several remarks upon the drawing : Of the indiCtment, and thought'llie Court might pronounce an interlocutor finding it relevant. Lord CRAIG said, When he first read chis . merit, he did wish there had been informations, on it, not only for the satee of the Prisoners, but for his own SatiSfaeliori; and that of , the Court, who ought to have poisessed every information upon so extremely nice, and at the same time so important a onestion, where the Law of the Country was much concerned. His Lordship after a few . more remarks upon the case, concluded by acquiescing in what he undevStood.ty be the opinion' of the majority of the Cony, that they shonld'proceed .to the trial. The Jury were then sworn in : • . Evl lIENE FOR TILE POSECIITION: • Mr. John Garioth, Mercita,Kity., b .s ectleen, said, on 4th June, between sevon„actl , n4.lle-in, the even. ing, he was in Gordon's Irm.standing at . the win. dow, and saw a number of boys .throwing.dirt and wet straw at one another, and at the ilcorle on the streets, sometimes at the,,Citi - 4ens and sotnetitnes at the Military. About eight o'clock saw-colonel M'Kenzie going towards the Barracks at the East end of the street. About same titite saw Calitain Macdonngh. - ,1-le, the Witness, then went to the higher floor of the Coffee 7 rooni. tetween eight and ni9e frequently saw Macdonogh on the street,. and boys and men thrdwing dirt at him:. At one time se/ a boy tllll3lv a Wilt* handful of dirt in 1115 NICC, WU LULU LIIC OFC liiCC IV/15 quve eOvered The people who aid throw; or Whlthreater:c.,l to throvw, used to• run after with Ifis„s , (•Ord in his hand. About same time saw En sign Lanigin. Several .rninutes. hefOre nine o'clock the attar i t , rought out by Captain MaCtionogh. Does not retuember any . attack made On the guard before'this. The 'Guard-house' is neorly Opposite to Gordon's WI. not see any Stones thrown before the grta,t , l . was turned out. About' this time saw one of the `own Serjeauts in the streets; he appeared to he. persuading , Captain Nlactlonogh. to take back the Guard to the Guard-house. About nine saw Captain Ma - cdonogh with Soldiers on each, side of him go towards, the Townhouse. The Soldiers were, .ktirrying amis. About ten mibutes after this he saw a party of about thirty come frOm the ffarrocks, -and join the Gulird.' iiefore, and at this time, he saw 'Lanigan running through the streets and making thrusts at the people with his sword. Q. Did you think at this time there •wak any riot on the streets to justify or require the Guard being called out ? In answer—Witness said he could scarcely call the people a nrdi at this time. • }e saw them doing nothing but throwing dirt, as they hid • been: doing before. Witness did not see any thing thrown at the Soldiers on guard, but it might be so. lie ha's often 'been in Aberdeen on former Celebrigions of the King's Birth-day, and upon this occasion he saw nothing more of riot'in Castle,street, than on any other year. Abmit a quarter past nine he san , seldiers coming running out from bath sides of the Guardhouse, where there was a temporary sl•ade, and some stones for ing, intercepted his view. Lanigan was along with them e and at one time saw him pulling one. of the Soldiers forward'by the coat. The guard were running after the people with bayonets charged, and the people made no resistance ' • one or two of the guard fired at this time. He s hortly after saw the, whole regiment come down from the Barracks.— Captain Mactionogh had previously gone up to the Barracks, anti he returned with the men. When they came down one-third of the street, before they reached the guardhouse, they were drawn up across the street. The line was too long fur the breadth of the street, and was doubled at north end. Cap tain Macaunogh was . then in front of the line.— The Witnes s called kiln the window whore he was, to ;Copt. Adamson, WOW, and begged of him if he knew the Waters to speale-to them, as he feared nai*. Chief, beet t i t,s,e he had seen the Soldiers pursuing the people, arid some of them had fired. Witness then ran dottiii to the street, and in the passage saw Serjeant M'Pherson of the Volunteers, whonthe de. sired to go to the Provost anti tell him what he had seen, and request the Magistrates would come and take command of the Military. This was about half past nine o'clock'. WitnesS then returned •to the - window of the Inn,. and saw Captain -Mac. donogh and some other Officers walking in front of the line, and then he distindly heard the orders given by Capt. Macdonogh to prime anti load. The men immediately, along the whole line, primed and loaded. The Witness then went to the third floor, and saw from a window the Soldiers farther down the street' than where they had been first &awn up: They were in differetit parties and • tiring. It was thcn,almost ten o'clock. At one time he saw, while the Soldiers•werorunning in the streets, . seine of them run up to a man, who stood still, and they knocked him down, and struck him with tl.e,,but ,end of their muskets, and stabbed him with their bayonets. Before he was attacked, he was standing with his arms across, not doing any thing. Witnes t then went (-low., to the street a second time, arid saw one of the town Set jeants, anti sent again to the Magistrates, desiring they would come out. He also then saw Serjeant M'Pherson, who told hinilie had been at the Provost's. Witness then Wilt to the To.wn.honse and saw the Provost and Magistrates, and seyetal other people with them. Witness said, Good - God, Gentlemen, what are you doing hereHwhy don't you come out ? Before this, Wittles seen tivo people fall on the street during the firing. Aboy fell at the \Vest end of • the plainstones. Witness thought the boy was counterfeiting, as he did not think the military were firing ball. The other remote fell nearly op. posite the New Inn. 'When Witness went to the Magistrates he told them he bad seen some people shot in the street, and if they stopped longer mole • would be killed. Witness added, that if they would go, he would go at their head. One of them replied, " perhaps we may be shot too." Witness told. them that if they would go, with the Town Ser. jeanrs every body, would know who they were, Shortly after this they went out with the Town Serjeants. There.wasno firing after this. Must of the Soldiers had by this time gone to the cast end of the street, and some of them went into a narrow lane. There was a Set jeans behind the rest, whom ihe Provost spoke to, anti desired him to take,. the Soldiers immediately to the Barracks, In this nap. row' lane, which leads to the Barracks, he saw a • Serjeant. and the Provost informed him that he Was Chief Magistrate, and he must immediately 'make haste to the Barracks. He answered, lam a Soldier, and know no Magistrates; upon which the Provost gave him a blow with his Batton, and said will you obey that. After this they went all into. the Barracks. After the first or second firing Witness saw about a dozen of people throsying stalled at the men who were standingit the Guard house. He saw no other disturbance, hut there might be some occiirretic4 while he was absent at. :the Towu.house. • Crolr-ecrom;fleti.-- Ftom the time betwixt. his sentlitig Serjeant MTherson to the Mcistrates and the *dine he werstitimk4f to them it might be half an 'hour, In the course_ of the evening he saw Capt. Macdtmogh two or three different times addressing the'people W : itli his hat off, in conciliating terms. ju one. time . he t‘ent in among the midst of them sh.k:sk it:in-tis with some of them. He held up his hat and huzzaed with them . ; but he was very inconsistent, for the very next moment he wiild be running after them with his sword drawn. He saw the soldiers after the second: firing drawn up in a close column, and they marched into the lane that leads to the Barracks, and when they were nearly. all in the lane the 'petiple began- to huzza, upon which the soldiers returned, rushed into the streets, `Magisirates had Oot.some out Before this. - Questioned by Prorecupr. - Whether .did_ you think the distutbdoces . begiin by the 'unitary or the people ? Mr. ER.SK I N E, for the Defenders, nbjcted to this question being put. .It was merely a matter of opinion, not a matter of fatt, and it was quite im. proper to put such...: question, after the Witness had given his evidence. upon which the Jury were to judge. - 7-• Mr. Gr Gr.r as said; he considered himself at full liberty to put this question. It ia'to learn- the im pressien which a fad might ha've upOrithe . ritneises' minds at the tinie It is alike necessary• and com petent, It is, perhaps, as necessary for the Defen ders as for the Prosecutors. • . Mr. - Exsictra said, if the Gentleman will ,shew that the question he has. put relates entirely to faa, and'not opinion, then it undoubtedly. is competent, la' but he .rather wishes to establish an opinion in place, of a t fad. The Court resolved to put this question. 'Q. What were the circumstances which oecasion ed disturbance that evening ?—A. 1 certainly can. sider it was owing to the military having been in- ' stilted by the mob throwing dirt upon them. I . mean both officers and soldiers. Q. Who'commanded when the Regiment was . in line, and who when they were marched back I A. Capt: Macdonogh commanded when they were in line. I do not know who commanded whin they were marched Sack. •' Mr: John Dingwall, merchant in Aberdeen.— The witness said he was. not aiubscriber to carry on the prosecution. Q. Did you express - yourself, next day after this . unfortunate affair, in strong terms against the con,. dutt of Captain Maedonogh, and say hanging was too little fur him t—A. I might have expressed my self in terms of disapprobation against Captain Mac donogh's condutt, as extremely improper, but never spoke of hanging. Witness said he returned to his own house, near the Guard. House, about eight o'clock, and sa w Town :.7erjeants among the crowd, persuading Capt. Macdonugh to go e to his lodgings. He appeared much' agitated. After this witness went.aohis own lodgings, and, looking from his window, saw Cap. tarn Macdonogh haranguing the mob, sometimes in good humour, sometimes in bad, but saw noblowl, He had his sword drawn most of the.time, !tome times brandishing it, and sometimes under his arm. After this, witness saw Colonel M,Kenzie very much :intoxicated. He fell twice, and the other , Officers were supporting him. This made the boys laugh, at seeing time Colonel fall, but nothing was thrown. Captain Macdonogh then disappeared, and scion returned with the regiment, from the Barracks, which he formed across Castle-street. Captain.. Macdonogh had the command, and gave his orders very distindly. He gave out this command, " with powder and ball prime and load." This he repeated twice. Witness thought the order had been given to intimidate the mob. He thought it,given in that kind of way, and could not believe they had really ,powder and ball. A promiscuous firing then began at the,nrirtkof the line. By this time witness had not seen the mob d'o any thing that he would have thcught could have justified a man in almost clench. ing his fist. This firing, took place previous to'the soldiers tnaking arty motion to march back to the ,Barracks. Witness did not hear Captain' Mac donogh give the order to fire. He saw the Sur. geon of the regiment,- previous to this, endea. vouring to cause Captain Macdonogh to desist.— The soldiers went' hick to the Barracks, and re turned again, after which there was a second fir. ing. Witness was Provost of Aberdeen ,the year before this. . . Mr. Charles Adamson, late Captain in the Aber., deethhire Militia, said he has been as years in the Army ; was 'in Aberdeen on the 4th of. June last, and in the Town-House from six to eight in the eveo. ing, when he went •and looked from:lea/Wow in the New inn, and heard 'firing, ands: rte waiter, came and told: him a man had been , kill a.; a gen tleman also came, and confirmed what the waiter had said.: Witnes went out to .the street to advise some' of• the Aberdeenshire. Militia to retire from theNtreets. The 'Witness then went up to an Offi. cer who seemed to • have the command of 'the Mill-. tary on the streets, and requested him to take away. the 'men. He said he WS tO SU, and. thanked him for his advice. While he was talking' with the Officer, aome_ of the.people in the strecia said " you have no business, he is - as great scoundtel as any of them, and that was him who. • ordered the men to fire." About :this time sotim person threw a btick.bat, which struck 'the Officer on the head, npon.. which he drew his sword,' anti' punned them down the street. At the time he was * truck he..was going to order his men'ta the Guard. home. ,The people who ralained, about, a dozen, forced him, the Wimeis, into the New Inn, as they .'said there would likely be more noise:" Shortly alter • the Military came from the Barracks, and drew up in fine in Castle-street. They advanced a very lit. tle, and began m fire, but Witness did not hear ot sec any person give them orders. They fired pro miscuously. Witness saw nothing in the con.: duet of the people to induce any Military to fire. He has been in Aberdeen almost 30 years,,but never saw so few people on the streets, ter More quiet. The brick-bat touts thrown subsequent to the first firing. TlVre was one of the privates of . the light infantry who fired - three different times,. The first time he fired ite presented his - piece, and having taken aim, he changed it, and after that aanged again from right to left. The Officer, that he has formerly mentioned was on guard. He saw no other that evening. Mr. John Collison, merchant, Aberdeen.--On 4.th of Jut-,e was in the Town-Houae till about half. • past seven, and then walked till near nine, when he went to his house in Castle.atrect,- where the sot. diers were drawn up, .and he afterwards went towards.the soldiers to keep the .boys peaceable— they said the soldiers were going to fire on them. Witness then went and got some other ofthetOwn's p ostly Coming l*ys ri e l o m ple m t o o b pe n r l s i u g a n d t e b tle e ab sc o il u d t ie 2 rs , : h O r tg3oLoy were too, mostly die Barracks,' • lie soon saw some more of th e s oldi ers coming trout the Barracks, loading as \,,