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

TIIE NATIONAL REGISTER

and one by me ; and it was agreed they should fire by i word.
Mr. Douglas looked upon hiw to give the word, which he
(witness) did, and they fired. Sir Alexander fell. Every
pnesifile assistance was afforded to Sir Alexander, who was
aided by neediest assistants and Mr. Brouglinin, who during
this transaction bad remained upon a hill. Alr.Stuart advanced
with great anxiety towards Sir Alexander, whose situation and
neceesary treatment rendered it impossible for Mr. Stuart to
speak to him. Winless hurried Mr. Stuart to go away.—
Those who remained, together with witness, lent their assist-
mice to convey Sir Alexander to Balmuto. Before any thing
took place ore the ground, Mr. Stuart asked witness if it was
not fit that he should make a bow to Sir Alexander, and express
his wish for reconciliation. Witness thought it right. Mr.
Stuart advanced towards Sir Alexander, apparently for that
purpose ; Sir Alesender's back was theft turned, and lie ap-
peared to be walling away from Mr. Stuart.
The Solicitor Genefal.—Mr. Wood, Mr. Liston, Dr. Johns-
ston of kirkaltly, and indeed every person who was there,
aided the deceased after lie was wounded. Nothing niateiial
passed between Mr. Douglas and him on the field, relative to
a reconciliation. Certainly every witness felt every way dis •
posed to promote such an object, if such a proposal had come
from Mr. Douglas and I • the day before, lie confessed that he
thought the case was desperate.
Cross-examined by Mr. Jeffrey.—Witness was satisfied in
his own mind, Thai the letter signed .• Ignotus," and the letter
containing the song, were in the Name hand-writing as the letter
hearing Sir Alesauder's signature. There appeared some slight
difference between the athlete of the song and the letter, hut
as though intended to appear to by the writer ; and upon con-
sideration he was led to conclude that they were the same.—
The paper was of a clitferent size, the one beiug quarto, the
other being folio. The water mark and the poet nook of
Mauclilin were the same on both. It was, and is now, the wit-
nesses opinion, that the case of identity was made out, and
that both men reflected au imputation of cowardice upon Mr.
Stuart. 't here was nothing in his manner of putting the ques-
tion, so far as witness could judge of his own menet% that
could have given the least oar nee, or caused the least did icnl y
in Sir Alexander's answering the question, if lie had thought
lit so to do ; and he bad taken every pains to guard against such
a misinterpretation, for he had repeatedly pressed the obser
vation that he considered Sir Alexander's word as conclusive
against any presumption that had been raised to the contrary.—
Without any hesitation, he should have advised any friend to
bare answered the question, had lie not known the author.—
Witness did not know that Mr. Douglas said that Sir Alexander
was the author ; at least be considered it so understood, as well
front the previous evidence in his possession, as from the con-
versation which linseed on the occasion. From the whole of
Mr. Stuart's conduct throushout the proceeding, there was no
appearance of personal ill-will or resentment on the part of
Mr. Stuart against Sir Alexander ; but only anxious to defend
his own character from the imputations with which it had been
Assailed, particularly from that of cowardice. Found Mr.
Stuart reasonable throughout the proceedings. Mr. Stuart's
conduct, from first to last, was cool, composed, and tempe-
rate, and such as might be expected from a man of constancy
and courage. This observation is applied as well to his con-
duct on the field as previously. On the field, witness desired
Mr. Stuart to present his side, and not his host—Mr. Stuart
replied. "I do not think I ought to take an aim." The word
agreed upon was (both parties having being asked if they were
ready—" Present, fire," as quickly in succession as lie thought
they could be given. Both the pistol* went off', also, as quickly
in succession as possible ; but Mr. Stuarts pistol was rather the
firs!. Received no information, nor had lie any belief, that Sir
Alexander did not intend to fire. Such information coming
from Sir Alexander would, to witness's judgment, have amount
ed to a declaration that Sir Alexander did not intend to tight
it would have been impossible for him, after such an intimation,
to have allowed any further proceeding. Never, from all his
acquaintance with Mr. Stuart, knew a man less quarrelsome or
less vindictive. Mr. Smart was occupied in public business,
and made great improvements in the county of Fife. Never,
though field sports were going uu, saw Mr. Stuart with a gun
in his hand in his life.
Mr. Douglas the deceased's second was next examined, but
his testimony differed in no material point flow that of Lord
Rosslsn.
Several other witnesses were examined, who proved the
fairness of the manner in which the duel was conducted, and
the evidence on 'both sides being closed,
The Lord Advocate, in a short speech, addressed the Jury on
the part of the Crown, in which lie contended that, by the law
of the land, any person who killed another in a duel was guilty
of murder, and that this charge bad been completely proved by
the evidence.
Mr. Jeffrey spoke at great length in favour of Mr. Stuart
and commented with his usual ingenuity and elovense, on the
ditl'erent charges in the indictment, contending, that the pri-
soner had not committed a great crime, but had fallen wider a
great calamity.
The Lord Chief Justice Clerk, in summing up, justified the
accused from any charge of impropriety in the means which he
had employed to obtain the papers from Mr. Bortbwick.
The Jury, without leaving the box, returned an unanimous
verdict, by their Chancellor, Sir John Rope, finding Mr. Stuart
Not Guilty of the charges libelled. The verdict was received
by a very crowded Court, with loud cheers.
Mr. Stuart was then dismissed trout the bar, and in retiring
was congratulated by a great number of his friends.
A considerable crowd occupied the Parliament-square all
day, which greatly increased at night, when the populace be-
eline extremely noisy 11 lieu the verdict was announced at
the door much cheering followed, and the crowd rushed to-
wards s chaise in the Lawn Market, with the avowed purpose
of taking oil the horses when Mr. Stuart should make his ap-
pearance, who, however, disappointed them by withdrawing
privately. He was afterwards discovered front Bank-street,
as he was proceeding up St. Andrew's-street, and the people,
met hint in Thistle-street, but at his earnest solicitation left
hint to pursue his way home, after *baking hands with one of
their number. He was accompanied by the Earl of Roselyn.
The trial lasted Its hours, and was nut tiuiahed till sear tit e
o'clock on Tuesday morning.
lie I

The Owen Glendower arrived on the 29th ult. 1
at Copenhagen with Mr. Foster, the English am-
bassador to the court, on board, and Sir George
Nayler. The latter is commissioned, together with
the ambassador, to present to the King of Denmark
the Insignia of the Order of the Garter. Me fri-
gate is commanded by the lion. Captain Spencer.—
His father, Lord Spencer, was also on board, having
taken the voyage for the benefit of his health,
though rumour says the visit to Copenhagen is con-
nected with a royal marriage.