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London, England, 1822-06-15 00:00:00

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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 sliscuseedt 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•dtctee•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
gloawell of A uchitileck, Baronet, and 'teem( formed the un-
nt* chine...gift*: tire said Sir Alexauder Bus-
ryiTstid iitlwea of the lieges, twilight 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 aides
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 conviction that every thing was finally settled.
The boat 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 then 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 be 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 that 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. Willie.'
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.