The National Register.
London, England, 1822-06-16 00:00:00

78;

THE L.LTE DUEL IN SCOTLAND.

MU. Or MR. STUART.

111GII COURT OF JUSTICIARY, FOrNnottort, June in.
At Id o'cloek. Mr. Stuart entered the Coma ; he was attended
by the Eerl of Moray. Admiral Fleming, Captain Gordon, R.
N., David Erskine, Esq. and son, of Cardress. Several of
Mr. Stuart's friends who wee• nilvocates, had previously taken
their seats immediately b. him: the bar ; amongst whom we
noticed Robert Ferguson of Heidi.
S..reral of the nobility and other distinguished persons were
accommodated with %rata on the Bench.
Treir Lordslii;ts took their seats precisely at half.past ten.—
l'i•e •ent, the Lord J1141i,.. C:erk, Lord Lord Gillies,
Lor I , and Lord Succoth.
ie clerk thee read the indictment.
The reading of the indictment Naving been concluded, and
the Lord Justice Clerk hat itt demehiled of the accused his plea
to this charge,
Mr. Stuart answered, in ao audible. twice, " My Lord, I am
not Lmilty."
Mr. Cockburn, Mr. Stuart's counsel, now rose, and animad-
verted with great severity on the manner in which the indict-
meat was drawn—he denied th.t Mr. Stuart had been anxious
to seek quarrels—lie had had them frtrced noon him by the
fal'est, most infamous, and scurrilous attacks upon his charac-
ter ; ler which it wan impossible for him to take any other
cu arse then he had taken—a course the fatal event of which
no person living regretted mote than Mr. Stuart himself.
The Court ordered that part of the indictment which charged
the accused with a design to challenge others of the lieges, to
be struck out, and sustained the relevancy of the remainder.
('lie Earl of Rosalyn being called. deposed as follows :
Ile was second to Mr. Stuart, and was present on the late
melanolioly occasion. Being requested to state the eircuiti-
:defuses, he said on the 2511 i of March lad he called on Sir A.
Boswell, and told him i.e had come at the desire of Mr. Stuart,
and (list Mr. Stuart ha.' conic in possession of certain papers,
111:1110 of is h Dimmed to he in Sir Alexander's hand writing,
and bore the post-mails of Mauchlin, and the counter post-
mark of Glasgow. Some of them purported to be the originals
of papers published in the Glasgow S•ntin4, sod one of them,
particularly, a song, containing allusions disrespectful to Mr.
Staines fetidly, and charging Mr. Stuart with cowardice.—
Among the papers there was a letter to the editor of the Swai-
m.% iiigned A. Boswell, containing some praise of the song, and
tither papers reflecting on Mr. Stuart, which were in the same
handwriting with the letter which bore Sir Alexander's signa-
ture. The similarity of the handwriting and of the post-mark
tut Melted se Aron a presumption that Sir Alexander was the
author, that lie thought it proper to ask Sir Alexander if lie
was the author, or if lie had sent them to the newspapers,
sating at the same time, that if Sir Alexander could say that lie
was nut the author, and had not sent them to the newspaper,
that email be conclusive, uotwitlistanding any evidence to the
contrary.
The Solicitor-General.—V.'s% any other person present ?
No. Then what was Sir Alexander's answer t—He said that
this was a delicate affair, and he thought lie ought to have a
friend present. Witness said lie thought it verb desirable. Sir
Alexander went away, and returned with Mr. Douglas, when
witness repeated what lie previously said. Sir Alexander and
Mr. Doughs desired to confer together. Witness went away,
ned when lie returned, found Mr. Douglas alone. Mr. Douglas
then said that lie could not advise Sir Alexander to give any
answer ; that Mr. Stuart was in possession of the evidence on
veld this application rested ; but if this affair proceeded any
further, there were two prophets lie had to make :-1. That
no meeting abould take place within li days, because Sir A.
had some family business to dispose of. 2. That the meeting,
if any, should take place upon the Continent. Witnese had
no hesitation in replying, that on these conditions lie thought
the terms were such as would be ngreed to. lie had copies of
the manuscripts and papers in his hand when lie called on Sir
Alexander. lie had a song and a paper signed " Ignottis.”—
Be (bought the wing of far the more consequence, because it
coatained two direct imputations of cowardice. Ile considered
Mr. Stout's character impli .aped by those papers (which being
shown the witness, he ideutilied them in court.) Mr. Douglas
said he would not ads ise Sir Alexander to make any answer at
all. N itneas afterwards saw Mr. Stuart, and proceeded int-
inedittely to Mr. Douglas, and stated that witness was grieved
that no alternative wita left to Mr. Stuart ; that Mr. Stuart
agreed to both the conditions stated by Mr. Douglas, namely,
the delay of 1.1 days, and that the meeting should be upon the
Continent ; and it was stated by Mr. Douglas that RA !WON as
it should be convenient for Sir Alexander to be in London idler
settling his attains, witness should hear either from him or Sir
• Alexander. Witoess said he should advise Mr. Stuart to have
argent business iu London, and to proceed there without delay.
AV eines% said that lie should be also there on or before the Gth
of April. It was agreed that all subsequent arrangements
respecting the meeting on the Continent should be settled when
all the parties were in London. Vk itness then asked Mr. I).
it there was any possibility of not carrying this affair any
further—that Mr. Stuart would be content to treat the song as
a sery bad joke on his part, provided Sir Alexander would say
that lie did not intend any reflection on Mr. Stuart's courage.
Mr Douglas void lie had no hope that Sir Alexander would say
an: such itness left Mr. HOD, laS to return to Fife,
in the cons iction that every thing was filially 'settled. The boat
was ready, but before he embarked, be was accosted by Mr.
Douglas, who said Sir A. had taken the advice of a legal
mend; and in conseqnence thought it no longer necessary to go to
the Continent, and that lie preferred to bate the meeting iu Scot-
land. W knees objected, as there were many circainstance. that
rendered it desirable that it should not be in Scotland, and
lie should expect the appointment of the place of meeting
to hit reserved till the meeting in London. One resents be named
way, that he thought it possible Mr. Stuart might have already
set out for London. After some ditcassion, Mr. Douglas re-
turned to Edinburgh, baying at parting, that'd any rate, if the
meeting took place in France, and Mr. Stuart fell, Sir A. could
wst be hanged for it. Mr. James Brougham called on witness
neat morning at abourfrom a quarter to eight to half past eight,
and slatted that Sir Aleasnder had been bound over by the
Sheriff of Edinburgh to keep the peace, and that it had been
settled that Sir Alexander and Mr. Stuart should meet at Auch
eeteaol that morning, and requested witness to meet Mr. Stuart,
I.llllth he did. Ile went there, and had mime conversation, and
fixed cm a piece of grontel near the road side. Mr. Stuart and
Sir Alexander arrived in carriages, and got out at the place
they had fixed open, he believod at ten o'clock. The pistol*
were produced by Mr. Douglas and witness, Mr. Douglas sit.
tang down, and witness standing; Mr. Douglas received from
110.1A11004 the measure of powder fur each pistol, and the ball,
mad rammed them down. There were but Iwo pistols. of
which Mr. Douglas took one, and withers the other. The
ground was measured, 12 very long paces. The pistols were
sick+, ere.d to the 'two patties reepecaitely, one by Mr. Douglas