The National Register.
London, England, 1820-11-20 00:00:00

KEUX. V root.a.

This action was brought by Messrs. Aleut and Co.,
brewers, against the defendant, a gentleman of fortune,
to recover the value or a fine dray hos.re, which was
killed by the neglixence of the defendant's servant.
It appeared that the plaintiff's dray was standing in
May, last year, at a public-house, in South Lambeth-
road. It was stated to he standing with the side to the
cut b ; but there was some difference in the evidence on
that point, inasmuch as it was also given in evidence,
that the tail of the dray was backed towards the foot-
path. The cart belonging to the defendant was stand-
ing higher rip the road at the Wheat-sheaf. The horses
had their witikers ()Efraid being left alone, they ran oil
with rapidity tuwants the dray. As the cart passed the
fore-horse of the dray, the shaft ran into the animal and
killed it. The horse was stated to he worth seventy or
eigiby pounds. The question was, whether the plaintiff's
servouts had not been negligent in leaving the dray in an
mionproper situation? the Jury, under all the circu-
suttees, found a verdict for the plaintiff, dainages 791.
The ChielJ tistice, after the trial,,observerl, that it was
a most 6aogerous practice to leave horses with the wink-
ers off. it was proved by experience that horses in that
situation were generally disposed to
cidents had been occasioned by that act of negligence.—
The Learned Judge once heard a person, who was in
the habit of travelling, in post-chaises, say, " If you
see the horses alone with the winker' off, get nut of the
chaise; your life is in danger, as they will certainly run
away."
Several undefelided causes were tried, and the Court
rose at four o'clock.

HIGH COURT OF JUSTICIARY.
......
EDINBUP.GH, FRIDAY. Nov. 10.
GREENOCK OUTRAGE AND WADERS.

Tuesday the trial of Robert Surrage, John Dempsey,
John Beck, Jos. Elliott, Malachi Clinton, and Patrick
Lynch, all privates in the 13th regiment of f►nt, Cattle
on before this Court, for the mimic'. of Robert Simpson,
Henry Pesrson, and Archibald Morrison, at Greenock,
on the 3lst of July last.
After the indictment was read, and the panels had
pleaded Not Guilty,
Mr. Menzies stated, that as the prisoners had suffered
considerably from the animadversions of the public
prints; and as they laboured undo► other dirtuivamages
as stranaers, not knowing any witnesses, nor so situated
as to expect any to volunteer in their behalf, he was
anxious that Malachi Clitiu,o, agaiusr whom nothing
could be proved, ought he put On his trial first, in order
that after his acquittal he might appear as a witness in
1 favour of the others.

After the Lord Advocate was heard in answer, and
Lords Justice Clerk Chilies, and Pitmilly, delivered.
their opinions, the Lnrd Advocate deserted the diet
against Clinton, as hs information hid not juslfy him in
detaining the Court with his trial. The evidence fur
the prosecution then proceeded.
AL Mitchell remembers hearing a noise in the High-
land Close, opposite Shannon's Close, in the st 111111 l er,
about midnight. When lie went up, he san one of several
soldiers, a tall Mall, ask ing the best of the blue jackets to
turn out, amid he would liaht them ; there were rive or six
soldiers, and abOIIL a dozen sailors and tradesmen. Af
terwards one of the soldiers, a little man, CJIIIC up with
a bayonet under his jacket, and asLed them to turn tan
atid ; lie did not heat the sailors cry any thing;
tory wanted to make peace. A sailor came up, and
oilered the soluitn a halt a pint not to wrangle. One of
the soldiers took hold of a stoup the sailor had, and said,
" Comae away, shipmate." 'I tie soldier Weill alongside
of hut. and all the rest followed; witisess remained at
the 4cad of the close, and shortly after he heard a ooise,
.11141 Oile Or- tile SOllliCfs knocked down a sailor with a
stoup The sailor lose op and followed the soldier him a
Liege house; the (lot was • dian ly shut, and people,
as it from the inside, called out they were killing the
lad. Does ism know the lad. The crowd then began
to break open the doors and window-shutters; saw Ho
soldiers at this title; witness ran up the close; he stood
a little, and then heard one of the soldiers cry " Fire I"
the crowd ran up the chose, and said dial a lad fell, and


afterwards he was carried hp the close. Ile heard the
people call the lad Morrison; he was bleeding. Thinks
it was the soldier first mentioned who called " fire."
An old woman then ran and called the guard ; heard
several slims by this time; thinks they were fired over
the window in the garret story.
Cross.examined.—Does not think the soldiers had their
belts or hayoncts on ; all the soldiers were " agreeable
like," or disposed to make peace when they wen, down
the close ; but did not hear the sailors abuse the sof.
tilers; but they might have done it from the way the
soldiers %vie speaking whet. lie came op.
J. Nl' ight, cloth meichani, Shaw•sireet, Greenock,
remembers a riot on the 30,h of July, about 12 o'clock
a. uiaht; concurs u ith the preceding witness as to the
scuffle, and heard shootsoi muracr ; saw the guaid take
away two men in swims' stress; heard sonic person from
a wonitiw say, " Who are you?" to a man in the close,
who answered he was placed there by authority; imme-
diately after this a 'musket was discharged' from the
window, and the 1113.1 it. the close fell.

William Gowman, grocer, Leigh-street, saw a sailor
and a girl, with come soldiers, coming toward Shannon's
Close. The sailor gave one of the soldiers a push, and
the soldier olkred to fid.ht. The soldiers went to the foot
of the Highland Close, where there were a number of
sailors. One of the soldiers went forward and said, by
the Holy Ghost, he winild fight any of them. The
sailors gave no abusive laognage, and did not scent in-
clined to fight. In a short time he iseard a noise,
and upon going to look, saw two or three soldiets
lying at the door where they lodged. At that time
he heard a man in sailor's dress say, he could lick
the whole of them. (inc of the soldiers got into the
house, and returned with a poker, or other weapon, and
drove back the sailor and crowd. A sailor, who had
a pair of stoups, stilt k him on the back of the head, and
after a scuffle, the s iinf was knocked down. The sailor
was carried into a honse,and the soldiers went into their
lodgings, when a number of sailors came up and broke
the stoups against the door. During this time a gun was
fired from the window, and shortly after a sailor, named
Morrison, was carried up severely wounded. Saw a gun
at the window, but not the person who fired it. Heard
the watchman Simpson desire them not to fire, and saw
him immediately fall in consequence of a shot from the
window.

John M'Farlane, shipmaster, Greenock, swore to the
affray on the street. Saw the soldiers take their fire.
arms at the higher window. The crowd made a rattling
at the door, and one man appeared first at the window
and fired up the close. A great number of shots were
fired, but he did not see any one fall. Saw only two of
them fire; one, he thinks, fired very often. When any
person " hove in sight," they asked," who goes there?"
from the window, and said they had plenty of anintu-
onion. A watchman came, and was asked front the
window who he was, and told to be off, or they would
blow his brains out. He said he was there on duty,
when a shot was fired and he fell. Did not see any of
rhem load. Cannot swear positively to any of the of
prisoners.
Mary Taylor swore to the conversation between the
soldier and watchman, and that the latter fell down
at her feet, or within four or five feet of her : she endea-
voured to lift him up, but was not able.—Pearson, the
other watchman, came down the close, and said, " For
God's sake, come and assist him," and was immediately
shut. Pearson died in less titan an hour, declaring
that they aimed the shot at him.
John M'Curcudale swore to the riot in the street.—
the mob endeavoured to force the door, and a shot was
fired front the window abuse, heard Simpson say, " avast
firing, we are all King's men as well as you." He went
into the House with the guard, and a setae envied.—
The guard went away to get fire arms, and then searched
the house, and took several of the soldiers. Did nut
see any of the men WI.
Flora Muir corroborate the preceding testimony as
to the riot in the street, and said she saw two soldiers
knocked down : after this firing commenced, and wit-
ness saw a man lying bleeding; she called to the soldier
at the window us cease firing till she took in the body-
he answered he would fire, whoever came ; t•he retired,
but came back and repeated the demand, when he said
"Drag him in then, and be d—.l to you." The wounded
man was Simpson.
Other witnesses were called who corroborated the
testimony above given, and some evidence was adduced
favourable to the general characters of the prisoners.—
After this was Roue through,
The Lord Advocate addressed the Jury at length, and
after stating that lie had not sufficient proof to insist
Elliott, Beck, and Lynch, asked a verdict of Utulty
against Surrage and Dempsey.
Mr. Mehzies, fur the panels, made an able and in-
genious defence.
Alter the Lord Justice Clerk had summed up the
evidence, the Jury returned a vise woe verdict, fiodnig
Bees Not Guilty, the indictment against Elliot and.
Lynch Nut prtived, and Surrage and Denipsey Coldly of
the murder ui Simpson and Pearson only, our unani-
mously recommended Surrage to mercy.
lime trial occupied 18 hours and a half, and the ('Dort
adjourned at halt:past four on Walietday monriug to
halt-past ten.
'nu:Court accordingly met at half-past ten o'clock on
Wedoesday, when John Dempsey and Robert Surrage
was brought to the bar to receive sentence.
The verdict of the Jury having been read. Lord Gel"
lies and bird Pilruiily addressed their Lordships, aw
the Lord Justice Cpetk addressed the prisoners ut
solemn and impresise speech.
Ibis Lordship now read the sentence authorised

the Act to pre;ent the crime of murder 111 SCOII.IIIII,
That they he executed at Edinburgh CM Weilnettlay the
13th I)ecember next. between the hours tit Eight ai
ten in the morning, and their bodies afterwards given
Dr. Alexander Munro, fur dissection.
Th.: prisoners are good-looking young men, and al
',eared in great Agony of mind, inutiettliely Surraoe.