The Sun.
London, England, 1808-12-20 00:00:00

EMc. iu.

HICILCOURT OF JUSTICIARY.

On Monday the Court proceeds d to the trial of
Tames Holland, private in the Inniskinen regiment
of dragoons, accused of highway robbery.

The indictment stated that, upon the evening of,
Friday, the 18th November, 1808,, the prisoneahav-a
ing, overtaken John Hay, tenant in Duncanlaw,
while travelling on horseback, upon the high: road
from ,Haddington
,to Gifford; wickedly and felo-
niously seized the bridle of hiS horse, and ordered
him to deliver , his money, threatening, if he did_
not, to blow his brains out ; that upon Mr. Hay
refusing to do so, the prisoner did wickedly and
'feloniously assault, strike, and beat him upon-the
head and face, so that he fell from his horse ; im-
mediately after which, the prisoner ferciblY and
feloniously, seized and /took from his person a seal
and chain of a watch, his property,. and robbed him
thereof. Moreover, that the prisoner, at the same
time, wickedly and felonioualy thrust, or, attempted
to thrust his hand' into Mr. Hay's breeches pocket,
with the intention of robbing him, when a struggle
having- ensued, and some persons appeared„ the
prisoner was secured and taken into cestody. .
The prisoner pleaded Not Guilty, and the libel.
having been sustained by the Court as relevant to
infer the pains of law, was remitted to a Jury ;
upon which the Counsel for the Crown proceeded
to adduce evidence in proof of the facts:
Julie Hay, in Duncanlaw, stated, that he was at
Haddington tuarket on the 18th "of November Jast,
aed left the Bell Inn, in that place, at a little past
five in_ the afternoon, in company with James Cun-
ningham in Barra, James Hay in Sheritfside, and
William Simpson in Redhill, all of Whein, were.
travelling together on horseback, on the 'road to
Gifford. Sou after leaving Haddington, James
Hay and William Simpson fell behind a -little, in
consequence of some bustle near the town, which.
-had attraded their notice. The witness rode on,'
-and had not proceeded above half a mile, when his
horse was seized by the bridle, by a man who 'de-
manded his money, to which he answered, " that
surely the person must be in jest." Upon this- the
demand was repeated with threat, if he did- not
comply, to blow out his brains. He again said,
" that this could not be meant in earnest," when
he immediately received a blow on the left temple,
which brought him to the' ground, and he remem-
bered nothing after this until he felt himself pulled
-along upon his back to a sort of rising ground, on
the side of the road, where he found his head
among thorns. He still felt the hand of a man
&rigging him, and began to struggle; upon which
the man sprung back, and put his hand ,under the
witness's great coat.' In a little time he put it far-
ther up, and the witness felt him give something
a pull (rug) on his right side, which he supposed,
at the time, was the button of his breeches pocket.
Upon this, he, seized the man by the collar,, and
found by the hardness of it that he was a soldiera
A struggle then ensued, in the course of 'Which,
the soldier pulling more violently at the witness, the
latter got upon his feet, when the soldier struck
him several hard blows, and endeavoured to throw
him down, but- without effect at first, though,
afterwards, he got his leg behind -that of the wit-,
Bess; who immediately- fell over,-and pitsched.:witlr-
his head upon' the road, the ,soldier falling above
him. The witness then laid hold of, him with
both of his hands; and kept him down upon his
back, in which situation they struggled for, some
time, until the witness, in trying to get upon his
legs, allowed the' soldier to get from under him,
and they both rose, when-another scuffle took place;
the soldier striking the witness many severe blows;
and swearing that his accomplices would come up
and butcher him. The schffle still continned until
they got to the foot of the rising ground, the wit-
ness still keeping hold of the soldier. During the
time that he was lying insensible he heard Mr
Cunningham's voice, seetninaly 31 a great' distance;
calling out murder, and he still heard-him when he
had reached the foot Of the bill. He then suceeed-
ed in driving the soldier, into a ditch, got above
him, and called .out to Mr. Cunningham-to secure
his Man. -At this tune he saw Mr. Cunningham;
and also perceived a man running away from- him
across the park. He then heard horses feet, and
called out for assistance,- as a man had been attempt-
ing to rob and murder him.' Upon this, Mr: James
Hay came forward and seized the soldier. The wit- •
ness asked if be had any pistol, 'to- which he -an-
-swered, that he had only a stick. A cart having-
then come up, they procurech,a rope with whiCh
they tied the prisoner's hands, carried him :to-Had-
dington, and gave information to the Procurator-
Fiscal. The witness then missed the chain and .
seals of his watch, the chain was broken from the.
watch, the fragments of- the last link being, found
in his watch pocket. He swore to the person:of
the prisoner.

On this witness retiring, LORD-JUSTICE- CLERK
congrattilated- him on the manly spirit which he
had displayed in resisting the daring attack which
had been made upon him. It highly .became, said
his Lordship, an East Lothian Farmer,_ and evinced
what decided opposition the French might -expect;
it they attempted to invade that part of thecountry.
James Cunningham agreed with tne former wit.,
ness as to lenvin Haddington, on the evening of
18th November ; after passing the- Nungate
he was attacked and knocked off .his horse ; and
being quite insensible, recollecled,.nothing of what
passed, tarther than having heard '-Mr. Hay call out
to him to secure his man;

Jame* Hay also left Haddington in company
with the preceding witness. He fell:a little be,-
hind, owing.to something which had attrac&ed his
notice. Soon after, he heard. Mr. John Hay calling
out murder,• Upon doming up, heaSsistedin.secui.-
ing -the prisoner, and never quitted him until by
was in jail. Immediately alter the prisoner was put
into the cart, he heard Mr. John Hay say befr.had
lost a chain and seal of his-watch. He also ideuti-
Twd theprisoner.