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

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L()N1)()N , W EI)NESI)AY, WPTEm BER 27, 182 E
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Dlit HOUSE, Aug. 9,1112 ft verbal apology, if err
--.m....- . ' ikliVad to we to be
of the United Corn aany if
CIRCUIT COURT OF JUSTICIARY. bail sustained.
tradittg to the East ludies, do Ista.TH, IttE PT. 22. This cloud'"
This trial having excited the greatest possible interest, the Court The follow'
art of the said Company will he held • was crowded at a very early hour, and those ono-Were! thetneelves Mr. Jam
RICA, on WoottEscier, . the With fortunate who could gain an admission upon ATI terms. ! atu well a'
lack in the Forenoon.
JOSEPH DART. Sec-return. The Court having met, Hem. Lord Gie.weea on the Bench, the i flan to I
cane of his Majesty's Advocate against 'David Landale, merchant, . said Iv
iLDINO A SEA WALL, AND I in Kirkaltly, wu called. I spec,*
."IER, AT LEITH.. Mr. Landale, who was at large since the utifortupate rencontre. I se.,"
NA VY OFFICE, Sept. 23. 1026. appeared and took his place et the bat, supporter] by Provost Had- 1 p'
den, of Aberdeen, Mr. 3lonepenny, of the Castotns. and Messrs.
!era and Commissioners of his Ma- Spears, sen. and jun., of Ktrkaldy. The criminal letters were then
5y eivc Notice that on THURSDAY. read, charging the said D. Landale with the crime of murder, in
at One o'clock, they will be ready to far as he did, on the 2211 of August last, wick:ldly and malicioe
u. may he willing to Cocteau fie per. `challenge George Morgan, jun., then agent for the Bank of '
ails requisite is erecting and completely land, in Kirkahly ' • and on the 23d of same, un the farm r
denharns. parish of Auchterdeiran, anti county of rife,
'ALL, and also a PIER, i and maliciously discharge at the said George alorgar
item end of his Majesty's New Naval Este- loaded with ball, whereby the said George Morgan •
formed, adjoining the xkit at Leith. wounded. 51r. Landale pleaded not guilty.
fications of the Works, together with a form
e seen at this Office. and at the Office of the milted the rAevency of the indictment, he com.idt
th. No Tender will be received after One duty lomat.; that it was not calculated to put the
:* treaty, nor any noticed unless the party oe of the whole facts of the case, which it was w
ends. • be more particularly acquainted with, to enah'
ea he neompsnied by a letter addrensed to the per verdict. 51r. Landale, the panel, was r
igned by two responsible persons, enrunnit to where his reputation as a mercantile man
.h the person tendering, in the enm of 12,000 L Clan ; and this was of most material inr
mance of the Contrast. the case. Of this the moat satiafacto.
0" were it necessary to prove it, in the
CONTRACTS FOR STRAW. (Mr. Morgan),on whose ashes he
COMMISSARIAT DEPARTMENT, was agent ter the Bank of Scotlr
Tateintll( CMAIIREMS, Saw/. 91. la% need riot -.ay it was his duty m
rums at are desirous of Contracting with the gard to all matters intrusted t
be Commissariat Supplies, to famish for Twelve by the man DOR no more w'
is the Ist of November next, such Quantities of to the melancholy =tut,
! filling Paillasses as may from time to time bore- How did Mr. Morgan ex
&tracks and Ordnance Stations in eke undermentioned
il Islands, may receive Particulars of the Contracts on LEASEHOLDS, . manner that sfinok hi,
this Office, between the Hours of Ten and Four; and affected by itand
Hans-place, Newport-street, and Oxford-market.
tome Barrack Masters in the Islands of Guernsey, Jet- Under these Strait'
Alderney : and deliver their Tenders at this Office Hy Mr. SQUIBB and SON, . plaining ef that
thereon ''' Tender for Straw"), until Twelve &Clock on At °areaway's, THIS DAI ,at 12, in Three Lou, by order of the would not met
, the 111th of October. Executors of the late John 1V illockrEsq. litho, as agen•
sals are to i.e made separately. for each County hi South A Snhatantially-built aidi neatly-finished LEASEHOLD a letter, at'
for the whole of the Bar,,eks in North Britain, and also ~r 1 DWELLING-HOUSE, very pleasantly situate No. 42 on letter nit*
whole of those in the Three Islands of Guernsey, Jersey, the west side of Hans-place, let on lease to the Hon. and Rev, pose of
t' aerie; ; but no Proposal will be noticed unless made on, H. W. Stanhope, at 101. per annum, the tenant paying land-tax it, not
exed is. a printed f'articular, and the Prices inserted in and sewers' rates; held for an unexpired term of forty-five years iitb
at beget ; nor unless a Letter be subjoined to such Propsand a quarter fromslichaelmas next, at a groz.cd rent of only 51. t th'
torn a Fuson of known ptoperty engaging to become bound per anwarn.
the luny towering for the due Perron:mate of the Contract. A n2t annual income of 79/., edging from. and amply secured
(OUNTIES. upon, a substantial DWELLING-HOUSE and PREMISES
Seeds Ids of Wight Somerset No. 6. Great Newenti-street. .
Iln;c: noc -. Kent Sum: TWO 1101.'nE.s", Nes. 9 and 10, Oxford-olutet, held f'
Caen r Lancastzr Warwick short term, at 401. per annum.
Comsat! 51 Mellow: York The Premises may be siewed with leave of the respective '
Cumberland Norfolk North Btitain and printed particulars had at toe Cadogan Ann% Stmt.
Devon Northumberland of Mr. Grojan, solicitar, Golden-nauare; at Mr. Hardie'
Dorset Northampton Islands of Southampton-row, Rupell-square ; at the place of
' Inuhrun Nottingham Guernsey Mr. Squibb and Son. Saville-row.
Esse. Pembroke Jersey
Hants Suffolk Alderney WHITELA ND'S. CHELSEA
Isle of Man Surrey A VALUABLE FREEHOLD Y.,'
Producing a net rental of 1101. per annum, et
improvement.
By Mr. SQUIBB and
At darraway's, THIS DAY, at 12, i'
Executors of the late Job
AVery valuable anti highly
ESTATE, comprising the
as Whitehead's Boarding-school
Messrs. Ilinchliffe and Matti,
two large plots Aground, wi,
lane and Marlborough-road
substantial hriek-built war
colaur shops and sheds,
t
Also Four novly.e,
a
comprising the *hot
e- Cooke and Co., to'
of AI da ichaelmas-y
I on estimated value
12 Tickets to
, Saville-row
Solicitor,
s eel row, R,
lii 9d Gaira•
G V/
. --- L ARDIAN FIRE AND LIFE ASSURANCE.
COMPANY.
o as ladlso. N
.o Z.s Id O. I!, LOXialtD-STIMET. AT TEE ENTRANCE OT TIM
POs?-orrics, Lownow.
DIRIFCTONs.
if,. . G MUM I,YALL, Est, Chairman.
' 0 37s &i NICHOLAS GARRY. Elq. Deputy-Chairman.
,0 bOs 3d W. C. lksnarons, Esq. Robert Mitford, Esq.
William Copland, Esqßichard Mee Mattes,'
wiii,m G. novion, Esq. John 0. Ravenshaw
Sr T. Envie Farquhar, !tart. Robert Rickards, r
1 John &matt, Es 9. Alderman John Shore, Esn
Aalltil•&11.•
1 s Wm. Halormand, Esq. M.P. Edward ittewar
N.
lebt kW. it GroTlfr Jenne. Esq. Andrew Herr
IT, John loch. Ys S.
John Thorn
~ .. . .... 12 S. 3latrorthanks, Esq. M.P. John 'fidl
' seder, Kent -1.. c.:, alarf.n. Et M.P. James T
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tt bszaar t•
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, i W. Ward. Etta
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Room., Bristol.. ''. .11.;.---
I , IX ChM Is. (Id. per c'
tod. die. ... • • I 0 2d . Zs. All.
. 'ld - Qs. fal.
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i tut 1,0 Policy is isused ur
The t.nprecetlented
re. Horn, K Lure- :54d. satisfactory pr
teuntled have met T
r:eslirld Army, coal . toressee that the '
111 .... t V " a: be septenoisl
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era. Noriviiii. i Notice is her
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far deliver
a Greetmek Adger/ire? the Car
rarish of Latutahagou • hos..
‘..sh weather contiruis, I
1 Oder until Dect.mher. '
/
!lit crop of grass, which. •
age crop. Potatoes bid
gnat improvement since
: three wetke, in g .neral,
n the Scotaman of Satur
the journeymen cabin'
which nntst raise pr
of the law, against
anken into, and the
n work in opporit'
re carried away or
this was done h'
a ivi.o take cm'
i only put sent,
but spins on '
fn. the publ;
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. sr h t stated their
'stilted ib•staselses at the Police
a pentati named White, who
to one of the ottieees, ad.
n else pan„: that have been II
It I is:fluia -gre,n and its neigh.
tt,attly to Ain Tiv-

ring spok t•lt
icctcd

~. /

FATAL DUEL AT KIRRWDY.

verbal apology, if afterwards redonel to writing. Mr. Landsle sp.
paand to me to have no object but to repair the Injury his character
had sustained.
This closed the evidence for the prosecution.
The following witnesses were called for the defence:7-
gan to Landale (one of which he recognised in Court). Deceased
tin well aaincriesuaingundliwithmlterlre.hlrliotrgandan.accaSa‘wmttwanotieitntereKitiokalmdlM—ori-
said he was dissatisfied with a letter received from Mr. Landale
tic-
specting some differences about the Bank. lie told me that in con-
l‘seirentancedoafie; siibecoruniddersev
tashiev
fie
risetttterim.
ehieheshyumulet
he intended to challenge him, but was afraid to give the challenge,
as he understood that by law a challenger was liable to transporta-
tiOn—he would therefore take the other course, that of Insulting
him. I had once or twice some confidenthil conversation with Mr.
"Ht heisalcar said 'acd rest
Morgan respecting Mr. Landale, about a 5,000 L cash account
granted by the bank to 31r. Landale, and something about a loan
of 3,0001. wished to be raised by 31r. Landale.
Robert Stocks, Esq. ore Ahtlen-1 am well acquainted with Mr.
Landale, and have been so fee twenty-live years. I consider him a
most orderly and correct gentleman, and never found him disposed
to quarrel. Some months before the duel, I had a conversation
with Mr. Morgan alvmut a cash credit Mr, Landale had ootatned
from the bank, of 5,11001. Mr. Morgan spoke of Mr. Landale
having attempted to raise other loans, particularly on a bleachteld.
This was a voluntary communication. Mr. Morgan continued to
say, " I wish all may be well with 3lr. Landale." This excited
suspicions in my mind, which did not exist before, as to Mr. Lan.
dale's solvency and credit. In conseouence o this communication,
I caused 1.0001. b be taken up front 11r. Landale, which belonged
to my. brother's Kuril .
Ms. Jame C a, booker:Bee, giritaloy-1 am acquainted
with the partite. The day before the duel, Mr.3lorgan came Into
my shop, and after a little conversation, Mr. Landale passed the
door; alt. Morgan immediately went out and struck Mr. Landale
a blow over the shoulders with !tie umbrella, saying, " Take that,
Sir." No quarrelling took place immediately previous. 11 r.
Linda'.: came into the shop anti said, " I trust you observe.) what
passed." 31r. Morgan then popped his head in at the door and
said, "By O—d, Sir, you shall have more of it." Mr. ',nettle
then sent out, and in less than two minutes Mr. Morgan returned
and said, " By 6—d, faures, I hare never told you of the shocking
usage Mr. Landele hot given me and my brother; but just hear
this letter." I replied. "It is nothing to me what your usage has
been hut what you nave done just now is wrong."
William Teal. faseksmith in Kiri:AV—Was sent for by Mr.
Morgan about a fortnight before the duel, to take a ramrod out of
his 101001: received also orders to make a number of bullets to fit
the pistol.. I made 33 bullets for him.
Gavin Hearten, Esq. Provost of Aberdeen, had been long ac-
quainted with 3lr. Landale, and found him a man of the greatest
probity and hondur—of mild and gentle manners, and most un.
likely to provoke quarrels. -
Walter Fergus, Esq. of Strathore, late Provost of Kirke*, had
known 31r. Landale feom hir! Infancy. Esteemed him as a man of
strict honour, and every way a gentleman. lie associated with hint
all his life, and scarcely ever saw his temper ruffled. There had
been rumours against Mr. Landale's credit these two or three
months past ; before that it was quite unimheachetla
Mr. Monypenny. of the Ciastons.house, Eirkaldy, has had occa-
sion to know Mr. Landale as a gentleman of much mildness and
honourable feeling.
JI r. Bennet, one of the secretaries of the Bank of Scotland, idea.
tified a letter received from Messrs. Morgan by the Bank of Beet-
land. The letter recommended Mr. Landale as a gentleman of
undoubted credit and usefifiness as a merchant and manufacturer :
considered his business as a desirable object.
Mr. IVoott then addressed the Jury for the Crown. A gentle.
man now before them, of the highest character and respectability,
Med the misfortune to deprive a fellow-creature of life, and was
asterequently at their bar to answer a charge for the crime of mur-
der. Whatever their verdict might beadle unfortunate gentleman
must ever bear the fatal day on which he deprived 31r. 111. of life
in painful remembrance. Time learned gentleman then adverted to
the difficult and unpleasant situation in which he (Mr. Wood) was
placed. He could not disguise from himself, nor from the Jury,
that the law of the land was at variance with the practice and feel•
ing of society on a subject of this nature; but k was incumbent on
him, at the sante time, to say, that the sit of tailing in a duel con-
stituted, in the eye of the law, the crime of murder. It was not
always necessary to prove previous malice; and the party at the bar
had hale ground of defence on the score of danger incurred, when
that danger was of the party's own making. Whateret may have
been the nature of the previous quarrels, the law made no distinc-
tion on that account. This being the state of the law, it was of no
use to enter upon the particulars of evidence. It was clearly de-
monstrated, and not attempted to be denied, that Mr. Morgan had
met his death at the hands of the unfortunate gentlemen at the
bar. So far the case was clear, and their course easy. Whether
they might find such alleviating circumstances in the case as might
dispose them to give a verdict which ter ald avert the reeessary con.
sequences inferred by law was for them to judge; but as the law
stood, he was justified in craving a verdict of weal. Who've.
indeed, might be their conclusion, he was convinced that they and
the pdblic would readily allow that it wawa case which called for
investigation. Justice and public satisfaction called for it; and if
the result should be favourable, it was no less necessary for the
vindication of the character of the accused. With these observa-
tions he would, with confidence, leave the decision to the Jury's
discretion.
Mr. JEFFREY made an eloquent and elaborate defence for his
client. In nothing, he might say, was he more certain of the cor-
dial concurrence of his client's mind, than in his expressions of co.
incidence with the sentiments uttered by his Learned Friend oppo-
site, at the close of his address. The welfare and safety of the
public rendered such investigations peremptory i and so fully was
he convinced that the result of this had tended to the complete jus.
titication of Mr. hantlale's Conduct, that it was certainly matter 01'
great congratulation that the honour and purity of his motives had
so soon been laid open to the world. He thought the case, as it
now stood before them, required little support or elutidation front
him ; certainly the evidence required no recapitulation. That the
deceased met his death at the hands of his client sulinitted of no
doubt ; but with that tact, comparatively unimportant as constitut-
ing crime. nothing had appeared from the evidence which suss not
calculated to excite both sympathy and admiration. Whether they
considered the unsullied purity of his general character—the origi-
nal and grievous wrongs he had sustained—the meek, temperate,
and even business-like manner itt which he at first and for some
time endeavoured to obtain redress—the most intemperate and un-
reasonable manner in which it was withheld—die reluctance With'
which be adopted the last extremay and painful alternative—or the
calm and generous manner in which he had consented to admit even
of a verbal- apology on the fatal scene of the catastrophe;—each and
all gave him strong claims to their commiseration and acquittal.
Even by his antagonist's friends an apology was acknowledged to
be due to him : and did his client sho* any hostility to be propiti-
ated by such means ? No ; on the contrary, even after he had
formed the fatal resolution of mortal conflict—when on his way tie
the fatal scene—did he not manifest every disposition to amicable
and honourable reconciliation ? Did he not even anticipate and out-
run
the solicitude of his friends to bring about such a consummation?
He disdained to stand mien frivolous punctilio, and expressed his
willingness to accept of a verbal apology, to time extent merely of
h a opponent's admission that he had done him injustice. Every
part of his condors in the final affair itself was allowed on all hands
to have been cool, fair, and honourable—every thing proved his
motive to be only the redress of injured feelings, the restoration of '
that honour of which he had unjustly been deprived. The Learned
Gentleman was satisfied that all these things were so clear to the
Jury that he should only insult their understanding by endeavour=,
mg to establish them in a clearer point of view. It was no doubt a
rule of law that the taking astray of human life (joined with col-
lateral facts only, however) constituted murder; and, although an
abrogated law rendered the deprivation of life by duelling liable to
that description, still no mode of killir.g could constitute murder
unless malice could be proved, which was inferred even in the term
of murder itself. That the bare fact of taking away life in a duel
constituted murder he would deny. He denied that it could be
law, in so far as it was inconsistent with the views and opinions Of
the strictest moralists, with the law itself, and no less so with the
practice of the law. On the contrary, it was a remedy for injuries
for which law tribunals could afford no redress. It was no doubt a
lamentable remedy fur those who became its victims, but it was
viewed as coMperatively a light one in the practice of the law.
While the more honourable and refined species of feelings exist In
the bosom, quarrels and grievances will sometimes unfortunately
ensue, which 3 no law is calculated to redress, and under which mil
man could find existence tolerable. In history we find, that dur- '
ing the ages of barbarism such feelings gave tise to cruel feuds and
aseaesinattone, and were greatly to be deprecated. In our more
cultivated and enlightened days it was seldom, except in cases of
peremptory necessity, that decision of differences by shedding
blood was resorted to ; and then it is conducted genetally with
such frankness, openness, and gallantry, as te do away in a great
degree that imputation of malice which is necessary to constitute
the positive crime of murder. The law against it had been',
abrogated, in practice at least, and indeed it was no longer ne- '
cessary. At one time it might : in the fourteenth and fifteenth ceh-
turies, from the romantic spirit of chivalry which prevailed, rencon.
tresof the kind were so frequent and common, that almost every state
in Europe framed statutes for its suppreesion. But the practice
of duelling was now remarkably rare. During thgreirps of his
late Majesty, not more than 200 authenticated duels had taken
plate in England, Scotland, and Ireland ; for those, only from 20
to 23 trials had been instituted, and not one conviction had ensued,
except in a very few instances, in which it appeared that the practice
was abused by making a challenge a pretext for accomplishing mur-
derous purposes. During the hat 150 years, not one conviction
had taken place in Scotland. Now our blood was not colder, nor
our sense of honour more obtuse, than that of our neighboure ; but
the reason was, that the investigations uniformly terminated in the
development of circumstances rather honourable than otherwise to
the survivors. They were therefore acquitted. Thus far he had
enlarged as to the practice of the law : he should again refer to the
subject as it affected morality. He was able to adduce the opinion
not only of the strictest moralists, but even of men no less eminent
for piety, in vindication of the practice in a moral point of view.
Ile would enumerate—Dr. Johnson, the greatest moralist of his
age, and equally remarkable for his religious austerity and strict
sense of propriety—Lord lielenel, whose authority and rcaaouing

tr.
~and the two ithiirithals were intro.
th 2:.tgistr.tte, were pl-tecti within the
it .• •.• • was much crowdol.

EAST INDIA HOUSE. Am,. 9, lteti.
/VIM Comet of Directors If the United Company Qf
Nercklete •1* Erni:and, trading to the &tat hake, do
eire
in a Quarterly General Court of the said Company will beheld
War House in lAadenhall-sttea, on WILDNESDAT. the t7th
ago nest, at Eleven & ckcla in the Forenoon.
Wpt JOSEPH DART. Seereterp.

SALES BY AUCTION.

DUKE-STREET. WESTMINSTER.
DESIRABLE LEASEHOLD RESIDENCE,
With Entrance from the Park, together with the planned Fur-
niture and kixtures.
Re Mr. SQUIBB snd SOS,
At Garraway's Coffee-house. THIS DAY. at 13. in One lon.
AVery convenient and desirable LEASEHOLD RESI-
DENCE, situate No. 15, Duke-street, Westminster,
nearly facing Charles-street, and containing three rooms on a floor,
with the principal apartments looking into St. James's Park, from
which there is an entrance.
The House is particularly well situated far any Gentleman con.
netted with the Public I Ithces, Courts of Law. or Rousts of Par-
liament, and is held for twelve yaars. from Michaelmas Day, at
LW. per annum. Part of the elegant Ilnusetrild Furniture, and
the Fixtures, rill be included in the purchase.
To be viewed till the Sale. Particulars, with inventories an.
nexed, may be had on the premises, and of Me. Squibb and Son,
Sarille.row.

CIRCUIT COURT OF JUST*ARY.
Plestru, SEPT. 22.
This trial having excited the greatest possible interest, the Court
was crowded at a very early hour, and those entsidered themselves
fortunate who could gain an admission upon aryUs.
The Court having met, Hon. Lord (:r !.1.10 on the Bench, the
caw of his 31ajeltyhe Advocate against 'nava Landale, merchant,
in Kirkaldy, was called.
Mr. Landale, who was at large since the uulotturate Temente,
appeared and took his place ct the bat, supported by Provost Had-
den, of Aberdeen, Mr. 3lonypenny, of the Costotne and Messrs.
Spears, aen. and jun., of Kirkaldy. The criminal letters were then
read, charging the said D. Landale with the cinine of murder, in so
far as he did, on the 2211 of August last, wickedly and maliciously
challenge George Morgan, jun., then agent fon the Bank of Scot-
land,
in Kirkaldy ' • and on the 23d of same, un the farm of Care
denharns. parish of Anchterdetran, and county of Fife, wickedly
and maliciously discharge at the said George Morgan a pistol
loaded with ball, whereby the said George Morgan was mortally
wounded. Mr. Landale pleaded not guilty.
Mr. 11. COCKBURN, for the prisoner. said that although he ad-
mitted the rAevency of the indictment, he considered it to he Ida
duty to state that it was not calculated to put the Jury in possession
of tie whole facts of the case, which it was necessary they should
be more particularly acquainted with, to enable them to give a pro-
per verdict. 31r. Landale, the paned, tease matchant in Kirkaldy,
where his reputation as a mercantile man was of the first descrip-
tion ; and this was of most material importance na the decision of
the case. Of this the most satisfactory evidence would be found,
were it necessary to prove it, in the very letters/AA* ibraintatid. Lie
(Me. Morgan),on whose ashes he would tread awriar as paadbie,
was agent for the Bank of Scotland in Kirkaldy, and, as such, he
need riot ray it was his duty to preserve inviolable secrecy. with re-
gard to all matters intrusted to him. Such was the situation held
by the man now no more when he emitted that emor which led
to the melancholy catastrophe of whidi they were now to judge
How did Mr. Morgan conduct h:mself towardathe primanter ? Di i
he not disclose the panel's most private transactions, and that in a
manner that shook his credit with all ?—even his oldest friends were
greeted by it„,and in some instances withdrew their countenance.
Under these circumstances Mr. Lan hie wrote to the bunk, coni-
plaining oT that conduct. The bank, whether rightly or not he
would not pretend to say, communicated that letter to Mr. Morgan,
who, as, agent for die bank only bad been complained of, and he wrote
a letter, accusing the prisoner of" falsehood and calumny." This
letter was couched in language seemingly framed for the very pur-
pose of provoking a duel, and to prevent misconception he signed
it, not as agent for the bank, but "•Geo. Morgan, Lieut. half-pay
filth Fort." Several other notes passed between the parties, and
the Truth cf all was an attempt, ,'.rich succeeded but too well, on
the part of the deceased, to compel the prisoner to send a challenge.
This was done deliberately, for he took advice, he having been in-
formed that the challenger, on trial, was attain of banishment ;
theeefore he (Mr. M.) must manage to get the prisoner to give the
challenge. This advice he followed, and causes it to be circulated
that he intended to insult Mr. Landale in the street. Being aware
of what would follow, he put his pistol.; in order, and cast balls,
and this too before any meeting took place ter challenge was given.
In a few days the deceased did meet Mr. Landale, and made his
threat good, for, without warning, or Immediate provocation, he
struck the pnisoner. A challenge followed it could not then be
avoided. But the model ation and good temper of the prisoner did
not even here leave him; for prnsr to the meeting, on the way to
the field, when placed in that situation where a man's conduct is
most liable to misconstruction, he had still =sage, and it required
courage, to say that he would accept of an apology. But that
offer was declined by the deceased, not by his second for him, but
by the man who struck the prisoner for the pilot:rag of provoking a
duel. No alternative remained ; the patties. met, they fired, and
Mr. Morgan ceased to live. Such were the facts of the case, such
had been the conduct of the pristmir, and upon that conduct they
were now called to judge.
Special deinncea were given in for 31r. fatale to the following
effect :
The defender admits generally that he had a quarrel with Mr.
George Morgan, the result of which he sini..erely laments; but
Mr. Morro hei;iight that quarrel, and all ha consequences, upon
himself. He was the agent of the bank with which the defender
had, for a long course of yearn, transacted his most confidential
business; and was bound, especially in a period of mercantile
alarm, urpre.erve the moat scrupulous secrecy with respect to the
circuinstarces and credit of an employer who erusted to his honour.
But instead of this, being of a rash anti quarrelsome habit, he not
only spoke of the defender's affairs to strangers, but attempted to
ruin his credit by statements and insinuations which he was not
called upon to make, and which he keew, or ought to have
known, were utterly groundless. Oo disc Overing this, the defender
wrote to his constituents, in terms which he conceived, and still
humbly conceives, were fully warranted by the filets. Upon this,
Mr. Morgan formed the deliberate daterminution, contrary to the
advice of his friends, to assault the defaulter; and, after a pane
which was more than sufficient to show him the atrocity of that
proceeding, and to set its necessary consequences fully before
him, be carried this resolution into effect, by striking his adver-
sary in the public street. This lett the defender no course but one
to follow ; but to the very last he was always willing to accept of
an apology ; which was going further towards a reconciliation than
most men in the defender's situation would have thought proper
or safe. Even this very moderate satisfaction, however, was
refused. After which, if Mr. Morgan fell by the hands of the
defender, this was a catastrophe for which he had Itimaelf alone to
blame.
The following witnesses were then called :
Mr. Win. Millie, manufacturer in Path.head—l know the pri-
soner. I knew 31r. Morgan. I received a letter from the prisoner
on the 22d August, containing a challenge: at was in these
words—" Mr. Morgan has just now struck me with his umbrella,
in passing Mr. Cumminge's shop. I merely called him a eowardly
rascal, and left him. There is no alternative left me but to
challenge him, which I have long made up my mind to; and en.
dose one, that you may deliver immediately, with all secrecy, for
my honour." I went to Kirkaldy, and delivered the challenge to
Mr. Morgan. He said, "Certainly, by all means." Mr. Mor-
gan said there need be no delay, as his pistols were provided and
ready. He (Mr. Morgan) took them from under a table, end
placed them before me. The same evening Lieutenant Milne
called on me; he came on the part of Mr. Morgan, requesting a
meeting in the evening; to which I agreed, and met him ac-
cordingly. Some discussion took place as to the place of' meeting;
in consequence of which 1 lett Milne, under the conviction
that the parties would meet at the time and place stated.
I then went to Mr. Landale, and arranged for the meeting. I called
on Mr. L. next morning at half-past five. A carriage was in the
neighbourhood, into *hie!' Mr. Is., Mr. Smith, a surgeon, and I
entered; we the!' proceeded to the place of meeting, where were
.ilr. Morgan and Lieutenant Milne. Having got into the field, I
asked Lieutenant Milne if he had any communication to make by
way of apology ; Mr. Morgan bearing this, called out, " No apo-
logy ;" so tar as I heard; hit. Landale did not use similar expres-
sions. The parties then took their ground. Just as they had taken
it, Dr. Johnson came running from the wood, and begged them to
stop. 1 explained the matter, and he retired. The pistols were
then given to the principals, and I explained that the word was to
be, " Gentlemen, are you ready ?" " Fire I" At the wo d
"Fire,' the parties were to raise their pistols. The word was
then given. Mr. Morgan raised Ida pistol at the word " Heady ;" I i
called out " Mr. Morgan. that is not fair—drop your pistol till the
word' Fire' is given.' Mr. Morgan lowered his pistol ; the word
being again given, both raised their pistols together, and fired so
exactly together that I was not conscious of hearing two shots. Mr.
Morgan, on receiving Mr. Landale'a shot, did not tall immedi-
ately. Ile stood some seconds, then fell, and died instantly. The
panel and I immediately quitted the ground.
Cross-examined by. Mr. JEFFREY-1 am aware that bit. Lan-
dale received intimation, four or live days before, that he would be
struck by Mr. Morgan. Mr. Landale told me that if so, he could
not avoid challenging Mr. Morgan. When on my way to meet
Milne in the evening, I called on Mr. L., and infomied him of
what had passed with Mr. Milne in the forenoon, Mr. L. audio.
rizctl me to receive a written apology ; but Milne said that Mr.
Morgan would make no apology, but on the way to the ground I
observed that 1 meant to ask Lieutenant Milne whether he had au-
thority to make an apology. Mr. Landale acceded to this, and
said that a verbal apology on the field would do, if Mr. Morgan
would commit it to writing afterwards, as all that he wished was
satisfaction for the injury recaved.
Lieutenant Milne, It. N.—l was acquainted with the lute Mr.
Morgan. At four o'clock, on the 2211 of August, he came to me
in a post-chaise. Mr. Morgan said lie had a quarrel with the pri-
soner, and would be glad if I would arrange the business. I agreed
to go; when on the road Mr. Morgan explained the circumstances,
but did not mention till we reached Kirkaldy that he had struck
the prisoner; on this I had
great objection to be Mr. Morgan's
disapprobation of his conduct; Mr.
seconds Morgan
ealutdreargiresui
expressed my
e brother officer, and 1 agreed, in hope of
getting matters amicably arranged; I proposed to Mr. Morgan to
make an apology conditionally, hot that he refused. Mr. Morgan
desired me to go to Mr. Millie; I went; 31r. Millie seemed anxious
to have the matter made up. As 1 had got into the business so
hurriedly, I had no time to consider of it, and therefore requested
Mr. Millie to call in the evening; he did so. I then incornsui that,
" on the eimposition die parties were equally wrong, the parties
should meet half way, and thake bands." This was declined.
Next mining the parties met on the ground. (The other part of
his evidence was merely a corroboration of what was stated by the
preceding witness to have taken place.)
Examined by Mr. JErrstEY-31r. Landale took no aim ; every
7
thing was quite fair.
Dr. Johnson saw Mr. Morgan the night before the duel, and
was *deed i him to be at Torben next morning by six. I went,
and found tle parties there and their seconds. 1 recommended, if
possible, to try to effect an arrangement; this not being done, I
retired. I heard one shot, and my name being called, I went up,
and found Morgan on the ground. but alive. A shot had passed
through his body, entering on the right side, and coming out on
the left side.
Dr. Smith, of Kirkaldy—l accompanied Mr. Landale to the
field. I heard a shot, and saw Morgan fall. He died within a
few seconds. The wound was the cause of his death.
s'""'"”salnined--1 heard bit. Landale say he would receive a

what inusghTtlseet to the

t.il. they hvl come tip to our.
tf the agack and robber, or
—ne• Bryce and flea. Hettehtoti
II Nes pte. They had C4113e
rrii ihnightrin weal Innocent of
led, and therefore to eadra.

lint I;mi

CONTRACT FOR BUPIER, AT A S
LEITH, WALL, AND
NAVY OFFICE, Sept. 23. 1026.
THE prvotpsi Officers and Caussaissitascrs of his Ma-
eel's NA, !. .f, 4co.esy eivc Noticr that oa THURSDAY.
the 166 Sou-tuber nett, at One o'clock, they will be ready to
treat with Etch p,rons as may he willing to Contract for per.
tanning the ..eversl Works requisite ie erecting ah.l completely
Aishing v
`EA WALL, and also a PIER.
w eltend front the Western end of his Majesty's New Naval Eats.
bizormo, &bp,: :‘, be formed, adjoining the Docks at Leith.
Dustup and epecilleations of the Works, together with a form
~i the Tender, nuiy be seen at this Office. and at the Office of the
Naval Otiicr et Leith. No Tender will be received after One
;clock 4w the day cf treaty, nor any notice 2 unk,s the party a*
in sg:nt for hint attends. •
Evers Teada must be aecompsnied by a letter addressed to the
Noy Dodd, and signed by two responsible persons, eognginif to
the
Wand with the person tendering, in the awn of 12,000 L
fat the du 2 pertamance a the Contraet.

been c

you al

e Mr. Fuller was o at.

..antling at some distance, and
.tiintng with sonic others
I- tiller, al.l they Were reedy to

on the trial and pro
_en c.‘c.tial to your tramd
•n convicted on the eleareat
de the vt.rilet of the Jury. f.
besides, by y.:ur own account,

or

to set

ACTON, MIDDLESEX.
EIGHT PIECES OF FREEHOLD LAND.
Lying in the common field, On the north tide of the high road.
Ihr Mr. SqUI BB and SON,
At Garraway's, Ti IE DA I . at 12. in Three Lots, by order of the
}Nieuwe of the hit John Willock, Erg.
EIGHT PIECES of FREEHOLD LAND, lying in
Acton common field, containing he estimation seven acres
and a half, in the occupation of 'Thomas Joao,. hut let from year
to year to the Rev. William Antrobus, at 107. iris. per annum.
The Lead may be viewed try applying to Thomas Jones, near
the Anchor public house, at Acton, of whom particulars may be
bad ; also at the Pigeons Inn, BrenttOrd ; of Mr. frrojen, solicitor,
Go*.den.equare; at Lir. Hardwick's office, Southampton.row, Rua.
sell-square ; at the place of sale ; and of Mr. Squibb and Son,

nd that when the robStry hari
hue up sett said, " You hNc'
n;" uharmpon they tusde their
threepence etch.
name tr:.s IYh4l‘. s'lteti, that he at-
-01.1.1te youth ((!corge Houghton), who,
Inocent of ?he crime for which he had.
cared .0,••ral affidavits, thick had.
w!lich he then held In his hafts.%
it to pr s..'ut them to the Secretary of
ter.• of that strength that thtg would bo

7 w
pmr•y
taken

OONTRACTS FOR STRAW.
CoMMINSARIAT DEPARTMENT,
TRZASERT' CRANNIES*, SEPT. 21. 18211.
QI.,CH Persons as are desirous of Contracting with the
1.7 Agent foe Commissariat Supplies, to famish for Twelve
vont* from the Ist of November next, such Quantities of
ITRAW for filling Paillasses as may (man time to time be re-
iored at Barracks and Ordnance Stations In tbe undermentioned
Owings anti Islands, may receive Particulars of the Contracts on
stplying at this Office, between the Hours of Ten and Four; and
:u the repectire Barrack Masters in the Islands of Guernsey, Jer-
sey. sod Alderney : anti deliver their Tenders at this Office
rurkin;; thereon '• Tender for Straw"), until Twelve &Clock on
Tuesday, she INth of October.
Prevosals are to he made separately. for each County lo South
&rutin, for the whole of the 13:trucks in North Britain, and also
foe tne whole of those in the Three Islands of Guernsey, Jersey,
Ina :11:4erie; ; but no Proposal will be noticed unless made on,
or Annexed t.i, a printed Particular, and the Prices inserted in
words at ',lige) ; nor mile!. a Letter be subjoined to such Propo-
sil inlm a Pe•son of known property_ engaging to become bound
rah OA Forty towering for the due PNTIES. errOMMßee of the Contract.
COU
Seks Isle of Wight Somerset
Bice: sac 1 Kent Sussex
Cneet r Lancast:r Warwick
Cams all Middlesex York
Cumberland Norfolk Not* Britain
Devon Northum b,rland
Dorset Northampton Islands of
Durham Nottingham Guernsey
Essex Pembroke Jersey
Hants Suffolk Alderney
Isle of Man Surrey

le rlult

not listen to any thing to the
would at all affect the verdict that
a id he would enetion the petson
Is, a it wait the deterratuation
Iferyier that might be• brought be.
;toms. lie would not detain Bond ar.•t
they were it liberty.

ICII;e.! V

LEASEHOLDS.
Hans-place, Newport-street, and (Ixford-marktA.
Hy Mr. 59U1813 and SON,
At Oarrawity's, THIS DAI , at 12, in Three Lou, by order of the
Executors of theisteJohn Willock, Esq.
ASulnitentially-built artll neatly-finisbeil LEASEHOLD
DWELLING-HOUSE, very pleasantly situate No. 41 on
the west side of Hans-place, let on lease to the Hon. and Rev.
H. W. Stanhope, at 501. per annum, the tenant paying land-tax
and sewers' rates; held for an unexpired term of forty-five years
and a quarter froth Michaelmas next, at a gro..-..cd rent of only fal.
per annum.
A 1121 annual income of 797., arising from, and amply secured
upon. a substantial DWELLING-1101'SE and PP.EMISES,
No. Great Newport-street.
TWO 1101::51:', Nes. 9 and 10, Oxford market. held far
shore term, at 301. per annum.
The Premises may be s iewed with leave of the respective tenants,
and printed particulars had at vie Cadogan Anus. Sloane-street;
of Mr. Orojan, solicitor, Golden-square; at Mr. Hardwick's office,
Southampton-row, Russell-square ; at the place or 5.,.?.; and of
Mr. Squibb and Son. Saville-row.

'the Well of the gang are in the poe.

Qmitlitield yesterday morning at at
'l'ne.whole of ple patrol,

:y ;,t t a.61%.c. o'clock at etooti, is Wing

11A BA' E TS

310NIPtY, SEPT.

P Upply at English Gnarl (except Oat%)
.e arrival of must aorta of Grain front Cie

YAM.

irociceincot of the market, obialned the
Y, but afterwards the trade was heavy, at
quarter. Picked 'temple., of Dew Bar-
sales and rather dearer. filo, there WJS no
her amts. Notwithstanding the magni.
*gn Oats. quite as high prices were de-
ck, anti it appears now doubtful wi e het
lion in prices will take plate. We hays
the prices of Beans, but grey as well as
pewuprq, e
deareru,,ardferharee c
hand,tlf ut day week.
le.tper to-day.
:1,1), 31()Ntia'r. Berr.23.

WH ITELA ND'S. CHELSEA.
A VALUABLE FREEHOLD ESTATE.
Producing a net rental of Ma per aciaum, capable of considerable
improveuteot.

THE NEXT OF KIN (if any) of WILLIAM
STORMAN, otherwise THOMAS JAMES. late a Sea-
ixiorging to the Merchant Ship PRINCE GEORGE,
deceased, by applying to Mr. Joseph Chapman, of No. 63, New
Onivel.tane, Shadwell, may hear of *meth ng to their advantage.

By Mr. SqUI BB and SON.
At Garraway's, THIS DAY, at 12, in One lot. by order of the
Executors of the late John Willock, Esq.
A Very valuable anti highly improvable FREEHOLD
11l ESTATE, comprising the Mansion-house, formerly lama
as Whitehead's Iloarding-school, but now in the occupation of
Messrs. Ilinchliffe and Matthews, ram-stainers, together with
two large ;dots afegrounti, with extensive frontaps to Elackland's.
lane and 3larlborouh-road, on which are erected several stacks of
substantial brick-built warehouses and workshops, countinghouse,
col ur shops and sheds, stabling, &c.
Also Four newly.crected brick-built DWELLING-HOUSES,
comprising the whole of Whiteland's-te,race„ on lease to blear.
Cooke and Co., for an unexpired term of th•rty.six years from
Michaelmas-day next, at the clear year:y reLt of LAIL but of tt e
estimated value of upwards of 3001. per amutr..

'any Heston AS kat week • ead the (wally
be very indikyeat, the beet

!um; 1,

BETHLEM HOSPITAL.—A Committee of Gover-
nors will meet at Bridevrell Hospital, on WEDNESDAY.
the 4th October next, at II o'clock, to receive Proposals iniVriting
Om such Pencils as may be wiSini; to contract to serve Bethlem
Hospital with 111 EAT, vlr. :—The best Ox Beef, Weber Mut-
ton. Pork, and Vol, at per stone ; Legs and Shins of Beef, at
per stooe; and Beef Suet, at per stone ; Candles, at per
dozes; and mottled and yellow .tnap, at per ewe.; from the 19th
eenetober next to the 19th of April following.
Farther particulars may be known on application at Fretti!em
Huring!, any day (Sundays excepted), between Ten and Four
o'clork.
All Tenders must be delivered to the Clerk, at Bridewell Ho-
ped, en or before Tuesday, the 3d October, after which they cannot
be received ; nor will any Tender be noticed unless made out on
the printed rams, which may he obtained at this Hospital, and the
parties who offer must attend the tenitnitto.
Rridcwell Hospital. Sept. 25,19211.

the price of ,Monday last.—
~), appeared e market thta mining;
in quality. that two.thirds the number
might were they eval to the prosh.ce of
ess prevailed in tlie trade, and not e but
f 6,1.; the suxt hem sold at 4s. 4d. there
fat, and the larger Mutton now carli;ng
remains heavy, a yew small ones only be-
can repor: ro change on the tetrn, of
also cow:noes at ss. NI for the anialleg
' value of those weighing from 10 to 13

mippi

Tickets to view the premises may had of Mr. Squibb and Son,
Saville-row, of whom particulars may be had ; giso of .Mr. Grojan,
Solicitor, Golden-square ; at Mr. Hardwick's office, Southampton-
row Russell-square ; at the Cadogan Arms, Slo4ne-street ; and at
cokiraway's.

Le offal

4$ 01 to 4s 14
4s od to Ss Vd

Od to 3a -01.

I r* 124)

ADrNHAI,

UV TOM CAACA4i

GLARDIAN FIRE AND LIFE ASSURANCE
COMPANY.
No. I!, LOXIAID-111TIMET. AT TEE EXTILANCE OT Tai
Posi-orms. Loitnox.
DIROCTOPIL
GE0111)g 1,1 ALL,F.sq. Chairman.
NICHOLAS OARRV. Elq. Deputy-Chalman.
W. C. Bentham, Esq. Robert Mitrord, E.
Witham Caplond, Esq I Richard Mee Ratite% Esq.
Esq. John 0. Ravenshaw, Esq.
Sr. T. Iftvrie Ferquhsr, Bart. Robert Rickards, Esq.
John &matt, EA. Alderman John Shore, E.q.
Wm. lislor.mand, Esq. M.P. Edward Stewart, Esq.
George Jenne!, Esq. Andrew Henry Thomson, Esq.
J Inch. V.e. John Thornton. Esq.
3latiorthanks, Esq. M.P. John Tulloch.
J.ciii Nlarf.n, Earj. M.P. James Tulloch, EA.
• Rowland Ithaca. EA.
• dconors.—Lewis Loyd. FN. ;A. W. Robarts, Esq. M.P. ;
W. Ward, Eng. M.P.
The Premiums charged by thi. Company on the Three ordinary
flaked of Fire Insurance are (with certi.to cticeptiow an follow,
.11 •

VALUABLE PROPERTY AT COOKILiiii,IATE BE-
LONGING TO THOMAS WILLMOT. DECEASED.
To be SOLD, pursuant to an Order of the Illtb Coot of Clusa-
cery, made in a Cause sanford and another v. Willmot andantinos.
with the approbation of J ames Trower, Esq., of the said Court,
at the Sun Inn, Maidenhead, in the County of Berke, THIS
DAY. at One of the Clock in the Afternoon, in Six Lots,
A FREEHOLD BRICK MESSUAGE, GARDEN,
/-1. and OUTBUILDI NGS. at COOKHAM, in the occupn-
tions of Elizabeth Gibbs, Mary Lunnon, and James Smith.
FOUR small FREEHOLD COTTAGES. GARDEN,
BARN, fee., at COOKHAM, in the occupations of James
Ileath, William Willmot, John Tilling, and Thomas Smith.
An UNDIVIDED MOIETY of a FREEIIOLD brick
MESSUAGE, GARDEN. and OUTBUILDINGS, at COOK-
HA M, in the occupation of Mr. Lacey.
TWO FREEHOLD COTTAGES, with Garden and Appur-
tcnanccs, at SUTTON, near Cookham.
A valuable long-leasehold brick MESSUAGE, GARDEN,
and OUTBUILDINGS, with the Appurtenances, at Cookham,
late in the occupation of Mrs. Langford. Alm, another Leasehold
brick MESSUAGE, Shop, Workshop. Outbuildings, and Ap-
purteriances, at Cookham, late in the occupation of Thomas Will-
mot, and now of his widow.
A LEASEHOLD brick MESSUAGE, with Garden and Out-
buildings, and about TWO ACRES of MEADOW LAND
adjoining, at COOKHAM, in the occupation of Mrs. Kelly.
Alto, a LEASEHOLD brick COTTAGE, GARDEN. and
OUTBUILDINGS, at COOKHAM, in the occupation of Mr.
William Bennett.
Also,* LEASEHOLD FARM-HOUSE, BARN, STABLE
and YARD, and a small PIECE of GROUND, used as a ILck-
yard, at COOKHAI, in die occupation of John Allen.
Alto, TWO ACRES of LEASEHOLD MEADOW LAND,
ih COOKHAM MARSH, in the occupation of Mrs. Willniot.
May be viewed by permission of the respective tenants ; and
printed particulars and condi:ions of sale had (gratis) at the *441
:Master's Chambers, in Southampton-buildings, Chancery-lane;
at the Sun and White Hart Inns, Maidenhead ; at the Premises in
Mrs. Willmot's possesaion ; at the principal Inns at Great Marlow,
High Wycombe, Beaconsfield, Henley. Windsor, and Slough ;
and of Messrs. Tate anti Johnston, Solicitors, 4, Copthall-build.
:figs, Bank, London.
Mewl. G. T. and R. TAYLOR, Solicitors, 18, Fes-
therstone.buildings, Holborn, London.

4. ,141 I Veal
4• 4U I Pork

Se 4d to 4, Pki
3s Od to :Jo 4d

4.1 to 4$ id

Shit,

scrrtmeia

Price

As At to 37, &
--1 Od to 63s 3d

'Gs "1 tHf:III7'ORS.

Eldon Care'tf.,

■A,pQetr, fa*alN4/A&L.
s., NEXT. N.
'Lane's, oppose debt ilk/. 11
«Itom.

eet, spruce-defier, Kent

rest blzaar
M both.

Iles; Ai

s;r. rEcldend

STIt

,ni incrr',l Rooms, Bristol,

Fierce, lirndf.Jrd, di

Ist Class is. fid. per cent. pit annum, formerly 24.
2d . U ',al. - - - :14.
Id - as. fal. . - 54.
La,. t.o I'OP/ is issued under a total Annual Premium of 59.
The impreceihnted success this Institution h:s experienced
:!ford- satisfactory proof that the principles upon which it was
handed hare met with general approbation, and gives the best
twarswe that the proportion .1 Profit to be returned riitLe assured.
a: the septennial division, will meet their full eaptichitioh.
Notice is hereby given, that Assurances which expire at Michael.
vas should be renewed tithin fifteen days thereafter, or they be-
came void ; and that the heceipta fur such Renewals are now ready
hit delivery at the Head I
Office, No. 11, Lombard-street; also by
the Company's Agent, Mr. Mama, Pte. I, Fall-mall, corner of St.
James's-street, and the Country Agents throughout the Kingdom.
W AI. W I LLIA 51S, Secretary.

Shatli:gtam,

Lacciesiltiti

n nef

Lacele•lleld At MA, nal

Ila!
mer

I~t and

stsact from the Greenefrk Adverfifer
!rCh in the pariah of Launahagou
• If trt.l4l) weather contiruts,

or no fodder until Deci.mbei
lave an excellent crop of grass, which.
take an average crop. l'ovitoes bid
In:el • gnat improvement since
Till b.: two or three was, in g.neral,

GENTLEMEN'S APPAREL. el every description I
and colour, RENOVATED.
POWELL. HARDING, and Co., the Sole Inventors of their
peculiar and admirable Process, at the old-established Factory, 19,
GERRARD STREET, 80110, respectfully present to Gentle. •
men, and the Public in genets!, a most obvious gratification in
ectemmy, by specific and excellent Processes for RESTORING
the TlNTand LUSTRE to WORN WOOLLEN APPAREL,
to rs original appearnnee, without being taken to pisses.
Term., Ready Money:—Coats, :.s.; Great Coats. Rs.; Great
Cats lined with silk and velvet cellos, Os. lid. • Waistcoats, 25.;
TrOWsesS, Si.; Breeches, 2s. 6d.; Lullee Peiisses, Riding
Ha-
bitst &r. &c. charged according to size.
Black Renovated for Mourning on the shortest notice. War-
ranted not to soil the finest linen.
N.B. No council= with any other name, nor mark ROW
Tam

row the Scblaman of Saha-

that the journeymen cabinet-
course which must raise public
nc arm nt the law, Against them.
sop as bruken into, and the tools of
tad taken work in opposition to the
tion, w, re earned away or destroyed.
ely d.at this was done by them ; but
utt, L- -" '

MEW MUSIC.—Just published st the ROYAL LIAR-
MONIC INSTITUTION, Argyll Rooms. Ili, Regent.
street, the SONGS, DUETS, &e., in TIIE ORACLE, coin.
posed by WINTER, and newly arranged by Wil. HAWES.
0. d.

"OVERTURE" - - . - . 2 6
" The rosy dawn hath driven," Chorus. - . 5 0
" When battle's conch is sounding," sung by Mr. Atkins 2 0
"The trumpet first is sounded." sung by Mr. Thorn - 2 0
"We Maidens, mark me," .ung by Miss Goward - Ili
" All hail to the God of our Fathers !" Chorus - -2 0
"Now by love and peace invited." Sestet and Chorus - 3 6
"Oh when thine eye is throwing," Duet, Miss Paton and Sapio 2 6
"All-powetful Sun," sung by Hr. Phillips - • 2 0
" There was a time ere sorrow," song by hliss Paton - 1 6
" Between my hopes and fears suspended," Duet, by 311ss
Paton and Phillips 2 6
" When will peace relieve my breast ?" sung by Miss Ha-
milton - - - - 1 6
" How the plaguing varlet teases !" Duet, by Miss Goward
and Thorne 2 6
"We hell thee, Lord of Light !" Finale, Ist Act - 10 0
" Tho' we all can feel thy sorrow," Quartet and Chorus 3 6
"In what sad hour," Trio - - 3 0
"Oh heavens ! the thought is frightful," Duet - 2 6
"Hut never mark'd the flower?" Song, hliss Boden - 1 6
"The Maid who'd wish to slumber," Quartet . - 2 6
" The gloomy terroes of the grave," Scene, Mr. Sapio 2 6
"Farewell! yet not for ever," Quartet - - 4 0
" The evening is descending," Finale . . - 10 0
BURROWS'S Selection of AIRS from WLBER'S Opera of
OBERON, arranged for the Pianoforte, with Flute, ad lib., in
four books, each 4s.
I'VE BEEN ROAMING."—Arranged, by T. A. Rawlings,l
as a Rondo for the Pianoforte.
BOCHSA'S SELECT AIRS from TIIE ORACLE, for the
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DEATH PETCIL—The Music in this admired and popular
Opera, composed by C. E. HORN.
I'VE BEEN ROA XII NO.--Cavatina, sung by Madame Ves-
tris, by C. E. Horn, price 2s.
OBERON.—The Music in this popular Romantic and Fairy
Opera, composed by the late CA RI. MARIA VON WEBEIL
••• The-Proprietors of the Royal Harmonic Institution beg most
respectfully to acquaint the Public that the only correct Copies of
the Opera now performing at the English Opera Hsai
"THE ORACLE," are published by them, and that all e. t
ailed
Lopice are spurious, and an invasion of their rights.

rt.o take employment witl -
aid not only put sentries on the shops
but spies on that persons, who
e town, the public is justided in cos -
Awry of evi ry violent act of this

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BIRTH

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on such subjects could scarcely be called in question, anti who hs9
said that injuries will he inflicted and sustained, is hich, tilt hums:
opinion be altered, no law can redress•' and in which the injurer
party ht justified in hoeing recourse to challenge for reparation td
his wounded feelings—Dr. A. ler,;uson, whose conduct uniformly
comported with pure religion and stria moral principle ; who SO
appointed to the ethical chair, for the purpose of formlng the minds
and morals of the young, and rendering them the ornaments of so-
ciety. All these distinguished individuals held the same opt-iris.
The inference of murder in such cases was quite irrecolicileakle
alike with the fundamental and improved principles of law. An
act committed out of necessity, from force, from intimidation. or
under mental aberration, could not be construed as a crime. Un-
lees the facts could convince the Jury that the deed wait tuanciously
committed, it was of no consequence what his beamed Friend etp-
postte Might denominate law. Neither was it enough that the evi-
dence might bear out his individual notions of taw ;.—but it must
be such evidence as could satisfy the Jury. It was ridicuhnai tr
say that the law constituted the crime, and that the fact implied
malice :--it was evidence of malice only that could confirm the
Get, and render it criminal. He had spoken of the paucity of cow,
victinns ; PM: he could ensure them, that it was not on account tit
the ignora'7,ce of Juries, or their dispodificatilm to discriminate,
that this had arisen. Juries, oh easel of duelling In this wintry
had been composed of men rather of superior intellect. The prtic•
tics of the law, therefore, notwithstanding the doctrines of Judge..
or men of law, had been
universally established by intelligett
discriminating, and conseitett;ous men, in opposition tip the prin.
ciple laid down, that killing in a duel inferred murder. unless ac-
companied by circumstances proorhig dea.ily malice. The Lesrnee
Gentleman than quoted several instances, front that of Glengarry,
in USA, derive to the afaletetiveam Me. Stuart of Danesro, sad sir
A. Hoswell, in 1822. In all these cams eke wervirors Weld acquit-
ted, aml in most of them by the recommendation o the Judges,
In one of these, the present Joni Preddenthad said. " ;furies have
formerly exercised their discretiona-so may you, and find a similar
verdict, if you see cause firm the circumventions" He would calf
upon the .Jury to give this the weight it toter ontitted to: this wta
not the opinioa of a panel's ConmeeL expensed in a pleading from
the bar, but the reconnren3atlon of a Judge from the bench. Zr
short, tinder the cireurnstances, there was no role, no practice, tie
principle, upon which they could find guilt 7 in this case. when it
was proved no malice had existed ' • and he would ca',l open them
not td he led by the arguments of his Learned Brother to decide
against conscience, and violate their solemn oaths. lie would moat
readily agree that the taking away of life justly three- that respon-
sibility upon his client which he was now abiding. It was proper
he should answer fce it, and it was fortunate few him he was called
on to do so. He would now, however, maintain that his client had
not committed a crime. but had rather sustained a grievous misfor-
tune. He was unfortunate in having been injured • he was untbr-
tunatein having been the instrument of depriving his. neighbour of
life, from a necessity, the cause of which did not originate with
himself. Hoping that he had not given the Jury reason to conside;
the cases dellittis one, from his apparent anxiety. he left them to
decide according to their consciences and discretion.
Lord Olt LlES—Gentlemen of the Jury—l shall say littie to you
on this occasion, not because I think it an unimportant cast, but
because so respectable a Jury as I now nee before me can neelittle
all from me. I may say, that nothing I mean at present tondress
to you is intended to weaken the effeet of what you have just heard
front the Counsel for the panel. Here we have nothing to do with
the laws of benefit; we have to commit the law of the land only,
but that law Is a law of reason, and liberally accommodated to hu-
man feelings. The general rule of the law is, that killing in a duel
is murder ; but that admits of qualifications, and I consider that
the parel at the bar is within the qualified rule of the law. 1'O:i
cannot yet hate forgotten, Gentlemen—if you can ever forget it—
the opening statement SO powerfully made foe the prisoner ; and
hete I am bound to say, that in no case which ever came under my
observalon could less blame be attached to the survivor is a duel
than in that of which the facti are now liefore you. 'she charactei.
you have heard testified to, by so many respectable and inteilige 1
gentlemen this day, is as high as is possible for nman to receive; and
I consider that thronghout this affair the panel has acted up to it.
His whole demeanour has been manly, temperate, and fair. alr.:
Landale did not challenge on receiving the first insulting letter, nut
thinking the lawe of honnur applicable in such a case; but Lis an-
tagonist thought differently, and evidently furred on the duel. In
all the four cases mentioned by Mr. Jeffrey the Juries acquitted
the Illarrtraill. iithough in all these the tact of killing in duel was
clearly proved or admitted. The deferce made at each of these cases
I think was, that a malicious purpose ought to be clearly proved ;
and ro it is laid here in four different parts of the indictment, hut
in no instance has that been substantiated. You have clear and
ondetiable evidence of the reluctance of time panel to tight, and that
his great and sole object was the reparation of his honour and cha-
racter. It has been Bald, indeed, diet from the feet of killing the
law presumes malice ; but this ts a presumption which may be re-
butted by evidence, and of the sufficiency of that evidence, in
this case, yin:, Gentlemen, must be the judges. The great provoca-
qe
tion endured was another alleviating point. The insult sustained
led to the contempt and scorn of the world; the provocation was
anent and continuous ; and the wound thereby caused. the
of time would only augment and render more Intolerable. I
w not trouble you farfher than to say, that in all the cases quoted,
if the juries were just and reasonable in acquitting the prisoners, 1
do not see how the panel at this bar can justly and reasonable be
l'Ordemned. Gentlemen, this is all I have to say. If you 'flick
this case falls under the general ride, you may convict; if you think
it falls under the milder construction adopted by former juries, ii u
will return a verdict of not guilty.
The Jury, without emit ing, immediately and unanimously fours
the panel " Not Guilty."
Ilis Loarositre congratulated Mr. Landale on the result of the
trial, a- d 'expressed much pleasure in the duty which now eleve:e el
upon hhn, of dismissing him from the bar w.th a eh:tracer so t o.
nourable sod unsullied.
The decision seemed to give high satisfaction to an extremely
crowded Count. Many Of the neighbouring nobility, and 'eke,/
of distinction, were present during the whole of the proceedints.
The trial butted from eleven o'clock in the forencon till four in tt e
afternoon. -

MURDER OF JOHN BURKE, ESQ., OF ROCKIHLI„
NEAR ATIILONE.

(From the Dia.lin El:cuing
Mr. Berme was one of the Society of Quakers, but declined in
late years attending at their meetings, and had none of the signs
dress usually worn by that society ; he was a very athletic man. 6:
letited habits, about 70 years of age and upwards. Ilis only fem.'y
was a widowed sister, who was married to the brother of the late
Admiral Don:telly. Mr. Durne was a great stock-master, and at-
tended all the neighbouring fairs ; was a most punctual man in his
dealings, but very rough in his manner, and by no means A fa-
vourite with the country people ; he never interfered in any way in
public matters, so much was he engaged in adding to an income
that was every succeeding day accumulating by his rigid frugality
and application, so that the savage outrage committed on lam is
attributable solely to the plunder of his money.
The Athlone Paper gives the following account of this lenge,:
nary transaction:—
The inhabitants of this town have been horrified by a report. thrt
Mr. John Berne. a Quaker gentleman of large property, residing at
llockhill, county of Roscommon, within about four miles of
town, was murdered and robbed in the night by a band of armed
men. Immediately a number of persons left the town, to repair
the residence of Mr. Runic. to behold with their eyes the destruc-
tion that had been made. On their artital at his house, which is
situated in a wild retired part of the country, they witneseed
scene which was calculated to melt the coldest heart. In a wall
room lay the corpse of this aged gentleman, for he was upwards of
70, weltering in its gore. Ilia mouth was expanded, and his eyes
glared in all the wildness of a violent death ; his btaast exhibited
two deep wounds, supposed to have been caused by etta shots,and
his bed was clotted with gore. On the floor were strewn Inge van-
lilies of silver, with bank notes, leases, bonds, dm and an het
desks lay in fragments, being shattered to pieces by the *readies n
their search for money.
There were in the house, when the murder was committed, two
servant maids, a servant man, and a sister of the deceased. Front
their account, the deed was perpetrates' at about two o'clock in o.e
morning. There are doubtless some singular eircumstences con-
nected with this sanguinary affair—circumstances which are cale,,-
listed to envelop it in some degree of mystery. Though
'tame had some well.trained watch-dogs, they were silent on
occasion • the servants were neither tied (which is usual in cases of
this kind), nor injured : the murderers had their faces blackened,
and, what is more extraordinary, a bar which crossed the window
on the inside of the bed-chamber of the unfortunate gentleman sy.l
broken, while the shutters on the outside sustained no inky?.
Bloreoler, so well acquainted wee those wretches with the se.net
places where valuables lay concealed, that they took away a gild
watch which was deposited in a recess snider the cover of a kettle-
holder. It is supposed that the spoil was great, as Mr. Burns
abounded in wealth. The murderers took with them three stand
of fire-arms. Same time ago Mr. lime, as if through a prssenti:
ment of the tragic end which Retaited him, took a neat cottage ut
the outlets of this town. After residing in it for some (*tine. ne red
tamed to his former abode.

SINGLETON Pata.—Thursday.—This fair i 3 princi-
pally for the sale of sheep, and is, in general. well 'At-
tended ; this year the sho* has far exceeded :any of the
preceding, for the number that was penned. There vv.,
a difference in price between the present and former ye .r
of ss. and Os. per head, yet et these reduction:, very t:,w
sales were made.—Preston Payyr
On Saturday last, the guard of the Bristol mail way
thrown from his seat, by a sudden jerk of the coach, at
Quedgley, on its way to this city. He was not missed for
some time, and then only by en outside passenger, who
having corhruunicated his discovery, the coachman wet!
back, and was agreeably surprised to meet him riding be,
hind a gentleman on horseback. Though cut anti bruisrti
about the face, head, and shoulders, he was able to eon..
time Vsjourney.---Chellenhass Paper.

—W.,- •
_ ~.' . • . ~
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