The Express.
London, England, 1864-12-30 00:00:00

CRIME IN SCOTLAND.

At the Glasgow Winter Circuit Court, before Lord
Ardruillan, on Wednesday, several serious came were tried.
The most serious eases was that of Mike M'Glitichy,
labourer, who was charged with the cnme of rape on Miss
Adis, on the 16th of July last, on the Broomloan or Saody•
holes Rood, in the parish of Govan, under most revolting
circumstances.
The prisoner, who was defended by Mr. M•Kie, advo-
cate, is apparently between 25 and 30 years of age. and
exhibited not the least trace of agitatioe or excitement
while seated at the bar. He is a comparatively mild.
looking mac, his count/ounce having moos of that espies.
rion of brutality which might be expected considering the
circumstance; under which the outrage took plain.
Lord Ara:Lillian bevies asked the prisoner whether be
was guilty or not guilty of the mime laid to his charge,
the latter replied, in a clear sod distinct voice—"
my lord."
Mr. Mooorieff, the Advocate Depute, addressing Lord
Ardmillao, said—lt ia certainly, my lord, neither my duty
nor my inclination to say one word that would in any way
make the crime to which the prisoner has pleaded guilty
appear worse than it does on the face of the iudictruent
I rise to say, which I do with pleasure, that in this case,
alter very deliberate coesidemtion, I think I am acting
consistently with my duty in following the coons which
in all oases of repo has lately been usual in this country.
of restricting the pain of law. I therefore relieve your
lordship from what I know would be to your lordship a
painful duty; bat I think it right further to my that this
coarse has been adopted certainly after very deliberate
and careful coasideration, and not without considerable dif.
. .

• Mr. Eve then called the following witnesses to speak to
thscharscter of the prisoner -
John Boyle--I reside in Golan, and lived with Mrs.
M'Loskey, in Victoria-street there. I remember Friday,
the 15th July last, being the day before this event occurred.
I don't remember whether it was pay day or not. I met
the prisoner at the corner of the Salteurket on the Satur-
day afternoon, the IGth, and we had some whiskey in a
public-house. We went into a show, sod on coming out
had another dram. When I left the prisoner, between four
and five o'clock in the afternooo, he had three or four glasses
of whisky, and was pretty hearty.
Margaret M•leekey—l reside in Govan, where I keep a
lodging-house. The prisoner lodged with me. I think he
lived with me between three and four months. He was as
quiet a lad as ever resided in ray home. He wu an in-
offensive lad. He paid me regularly. I bad a daughter
who lived with me. He attempted any freedom with
her in any way. I never heard him use bad language. He
made use of no uncultivated language at all which anybody
oonld heed or see. While he was with me he went across
to Londonderry to serve in the militia. He *erred there,
but I don't know how lasi. That wee the fiat or second
time he went away from the period he was enlisted. The
prisoner said he had a father and mother alive, and that he
gave most of the money he got for serving in the militia to
his mother, and some to his little brother.
Lord Ardruillan—That's nothing.
. .

John Macgoncigt•—l know the prisoner at the bar, mad
have known him sines he came to Scotland, more than
eight years ago. I worked with him ou the railway. He
wee a good workman; and the character which he held
amongst his brother workmen was that of • very agree-
able person. Everybody who wrought with him liked
him. He was quiet—very quiet ; and was • modest lad.
I never beard him use bad tannage is my company. I
saver met worn., with him oe the road ; bat I have bees
with him when women would be passing on the road, and
I never heard him use an immodest word to any one, or
saw him put out his band to attack any of them. lam
aware that he served is the militia, and he told me what
oing array that he was going to Irelaad, and would be back
agate. I belong to the county of Derry, and know his
paresis. His father and mother wan still liviag, sad be
had brothers aid sisters. His father was a your labouring
man, and reared his children as well se heoould on hie small
wages. I have heard that his mother came over to see Lira
since this affair happened.
Mr. M'Kie then addressed the court for the primrose.
He said—My lord, the prisoner bee Flooded guilty to a
very serious charge of rape, with very serious aggravations ,
and although your lordship is only aware from the face of
this indictment of the nature of the charge. I hope, in
passing senteoos, you will take into cosaideration that,
upon the night in question, the prisoner is proved to have
been, at least so far as we can make out, to • oertain
exte;t affected by drink. It is, I think, in consequence of
that drink that he was led, I. an unguarded moment, to
make the assault sod commit the crime upon this unfortu-
sate woman to which he has pleaded guilty in this iorlict.
meet ; but I think if your lordship will consider the past
life of the prisoner at the bar—that he has never bee. con.
Tided, so far as we are aware, of any crime—that he has led
• quiet, laborious, and inoffensive life—and that the only
witnesses we can get to speak in regard to his character
have given him • character somewhat above that of the
rgenerality of people in his condition of life—l hope your
ed.:I:Igo will take these things iotoconsideratioo, or at least
allow them to influence you. And although in general,
drink is an aggravation of an offence ; yet in a peculiar case
of this nature—a case caused by excitement of passion—it
might have been in a moment of almost what one might call
temporary insanity that he was led to commit this most
brutal and unjustifiable assault. The prisoner is young,
sad certainly may yet on that account, ootwithetandieg •
very lengthened sentence, have • period allotted him is
which he may be led to reform. If your lordship will
take into account that, notwithstanding the long sentence
which must be passed in this case. the prisoner may yet
hawse's opportunity of making amends to the society which
he has injured, and also to law by • reformation of life,
provided that in your lordship's discristioa that opportunity
is afforded him, I would hope, although the crime is •
moat aggravated one, and he has pleaded guilty to the
charges in the indictment, that in the whole circumstances
of the case your lordship will consider that the ends of
justice will be satisfied by • sentence lees than that of
pewit servitude for life.
Lord Ardmillan then, addieeeing the prisoner, said—Mike
letilinehey, it is • great relief to my miod, sod I am sure
it is • great relief to your mind, that the public proeecator
has felt himself, after careful consideration, although not
without difficulty, entitled, is the discharge of his duty, to
markt the pains of law to se arbitrary punishment. At.
cording to the law of Scotland, as still unaltered, rape com-
mitted under circumstances such as the present is a capital
. .

charge. You may consider younielf wit extremely fi;rtu.
nate that the prosecutor has felt it to be his duty cot to de-
mand • capital sentence. Had he demanded that, I would
have had no alternative but to have prosouooed it. As it steeds
however this is • confession of rape—completed rape—upon
the person of a woman, and committed under circumstances
of the provost and most aggravated character—an outrage
such as has rarely happened in Scotland. In the midst of
summer, ere daylight had altogether departed, • respectable
woman walking alone—having retired to no Wooly spot, but
walking where she was entitled to expect to be free from such
outragee—ie seized.attacked, aod samulted in the to 3st f Grimm
, grievously iojured, and revished contrary to her will,
and notwithstanding her resistance. The law of this country
protects the honour of • woman as much as the life of
human being ; and there is no graver offence than wilful,
violeri foiciog of the honour of a woman. But the com-
mission of this act under the circumstances here set forth
and well known to you, was accompanied by violence of
such a character as to make this one of the most fearful
outrages that this country has ever seen ; and therefore
the renteoce of the court in your case must be one which
protects the public io all time oomieg from your violent* ;
and it most further be one which will duly warn all others
in whom violent passions isflamed by drink might produce
such fearful consequences. Having said this, I have not
soother word to add to pain your heart under these circum-
stances. But if you have • heart at all, I would, io one
word, pray you to remember that whatever may be your
guilt, and although now human law can do no more fur you
than close you up in penal servitude for the remainder of your
life, there is a law which you have broken in regard to
which mercy may be obtained; and I pra► you to re-
member that your crime, bad sa it is, is not beyond the
retch of God's merry. I earnestly beseech you to pray
that you may be forgiven one of the gravest crimes
which I have ever known to be committed. Pray that
you may get • new heart, and that the evil passions
which led you to this crime may, by the grace of God,
be overthrown in your heart ; and if that be the result,
even penal servitude for life will be a blessing to your
soul. The sentence of the court re, that you suffer penal
servitude dories the whole period of your natural life.
The primmer was then removed from the bar.

Tai COAL SHIPMENTS MON BIRKINENAD ♦`ID
LIvERPOOL—Last year 331,606 toes of coal were sbipp•d
bum Birkeehead, being an Mums* of 82,656 tons over the
previous year. Of this quantity 72,000 tool passed over
these. mechanical coal smote, the quaritity the previous
year Wog 58,000 tons. The amount of coal shipped
from the Liverpool side of the Mersey last year was
100,000 t 0...