The Sun.
London, England, 1803-01-14 00:00:00

EXCULPATORY PROOF.

Major West, who has the charge of the Recruit..
ing Parties at Aberdeen, in, substance said, that it
was the duty of a guard not to admit a crowd to
come in upon them; and, if severely attacked, to-
defend themselves at all risks.

Colonel Stewart, of the +2d, would, if attacked,
turn out the guard, and if overpowered, would-send
for a reinforcement ; that, if a Magistrateispresent,
the Military cannot aft without orders Irani him,
hut if a guard was deforced, he would ad without
the orders of a Magistrate ; that a, guard is left at
the discretion of the Officers on dury,; that ball
cartridges are left in the barrack rooms, in the men's
own possession.
Ensign llaly beard the orders on the. third of
June, for the men io give up their ball cartridges ;
that he was in the Town-hall on the 4th, and lett it
with Captain Macdonogh ; that, when they came
to the 'guard-house, he saw the Officer in front of it
much covered with filth ; that Capt. Macdonogh
said, it would be very proper to call .f it a Civil
Magistrate, as his presence was extremely necessary,
and the Captain accordingly took a file of men and
went off with their to the Council Chamber. ; that
at this time the mob were throwing filth, but no
stones ; that Captain Macdonogh returned to the
guard-house with one of the town Officers, and the
mob seemed to wish to beat him ; that at this time
the guard !netted the Colonel from the mob, and
brought him to the front of the guartl-house ; that
a number of stones were thrown, and the witness
nearly hurt, a large stone having passed close by
his ear ; that the Colonel desired Captain Mac-
donogh to order the drum to beat to arms ; that lie
and Captain Macdonogh went to the barracks, 'anti
heard the men, Who were then parading, say among
themselves, that they should take their ball car-
tridges, as they would be necessary ; that the men
were marched 'down, and the witness heard the
Captain give orders to the men to order arms, and
stand at ease; that there was a great crowd on the
street at thin time, and they were very riotous, and
almost in contadt with the men ; that the Captain
went into the crowd, and addressed them in very
conciliatory terms, which they seated to take in
good part, and, gave him acclamations ; that the
Captain, upon this, ordered the men to counter-
march to the barracks ; that when they had begun
to march, the soldiers suddenly turned round, and
he saw them rushing irregularly in every direttion
on the mob, but heard no word of command given
to fire, which they did of themselves ; that he did
not press Mr. Lanigan to drink in the Town-hall,
nor did he bear Capt. Macdonogh press him.
William M'lntOsh, servant to Col. M'Kenzie,
recolleas seeing his master come to the barracks on
4th June, besmeared with dirt, and a cut on his
lace.
Serjeant Mitchell was ading Serjeanr-Major on
the 4th ofJurte,iat the Barracks ; that he was or.
tiered to take three meo front each company, and
march them to Castle-street, which he did, but
meeting Capt. Macdonogh on the way, he took the
command ; that the Witness dressed the men in
Castle-street ; that theme had been great confusion
in Castle-street on the part of the mob; that die
soldiers said to the Witoccs, it iv:is easy .for lino to
speak, but it was not so easy fur. them to st:tod ;
that CaptainMacklonogli look • off his, hat„ anti' d
dressed the 'nub in a very coociii,,,iory manner;
that pre ordered the men to handle arms,, and ptitoc'
and load with cartii4e, and then ihrko to
order arms, and stand tit ease; that the Caor.iin
dairessed the ' people a secoud and, on the
rrsittion of 'stunt V 9
some Gc,10,.*1i17 grilm
et the „oldie,

again went foWafas the people, (ira, 'V. itne s
ed hl n, lest he should be huft ; ihar after the Men
began to march, the poli..firing shots htgahi
the Witness beihg Much iiiaintedi-stnsped foe'
fear of drier ; he was very much hurt WitTl
stone ; that .after the ftring began, he lost sight of
the Captain,.hnd did not see him Again till hei
prisoner.; that he sAw Serjeant IVIT..av, the mci
meat the firing began, jump nuriHand lay hold of
Ciptain.lVfacdonoghi and beg of him to go to the
Barracks.

Adam Little stwoi Oinbon the streets on the. 4tir
of Junei. consisting of men .and boys, behaving inot
riotous manner, arid observed Serjeant Siitherland
defending himself :with his sword, in the- scabbard;
against some people who had attacked and badaithed
bun with dirt ; that the Serjeant Was severely horr;
and rescued- by the guard ; that he saw-Captairt
Macdonogh, .opposite the . tolbooth, Struck 'on the
neck with dirt ; that he turned round and spokiAl,
the Mob, but they parstketklitn,lstruck;the Colonel,
and-;abused every-person-in.unifortuwith dirt arts
stones; that the Captain,-Wlren, on the right of thai
line,' said, as to releasing pt!rsons taken ..into'cod;,
tody, if asked as a favour 'it Would be done; NV
notif demanded:as a matter of right'; that theinati
taken was released ; that ,he' hoard orders given w
prime and load with carttidgei -and then to ordet
arms 'and •.stand at ease ; ;hat Abe Captain •spoke.
with some Gentlemen eititenst 7and agreed to inarcif
the men. home, and they were marched off but. her
slid !tot k;o along with them; that there was tiortii.:i
ing. ai this time ; that the mob 'pursued the
throwing stones-and brie4amorig, thesis, and dimn,;)
ing them. for highland tp,:go to their Baal
racks ; that some of the• men being much hart, •ther
turned upon the mob, and fired-in amirregular
ncr upon them by droppink shots j there was nor'
wordfcf command given the'men.
Daniel Macnab was in Aberdeen.on the. 4th, of
June; and saw Captain Macdnriligh ovitli his hat off
addressing the mob.; that he CM 'a shower of stone
thrown at him, and went and laid hold of the
• tain to take him away,. as he thotight be was in dan..7
grr ; that he saw a.. man- ill used by the soldiersi
• when the Captain ioterfercd and wrested 'their arme.4
from them, saying, for God Almighty's sake what
are you about, go to yoUr Barracks.; that the Cap.:
tait was soon after apprehended and carried to Oa
Guard.house, where • the. mob maltreated him, and:
one man lifted his hand to strike him; that the
Witness seized the person by the neck, and the Cap:.
tain said, you don't know me, or you would not
use ilk so.

Sedum Porterfield was in Aberdeen on 4th June;
and saw Captain Macdonogh when the Regitnent
wheeled about, but not after.
John Alison saw the Regiment formed on the,
street on the 4th of June an °fad in front of the
men, and saw him afterwards go towards the Town.;
house.

Abraham Shepherd was in Castle:strect on +eh
June, and saw the Regiment drawn up, and heard
the order to march to Barracks ; that he saw the,
Officer, whom he does not know, go to the Town-
hobse, when the mob threw dirt and stones at Mm.
James Wltcniie knows Serjeaur Sutherland, and
stiw him on the 4th of June ; that Sutherland three
or four times preVented the men from tiring; that
he saw a man in green cloaths, like a Rifleman, drops
-on the plainstones near the Cross, and saw &slier,.
land go to the Barracks before the man fell; that
he also knows Serjeant M'Kay, and saw him that
night ; that he heard him desire she men not to fire,
but to return home,and said so to the Witness him.
self ; that M'Kay gave these orders about nine
o'clock, at which time stones were thrown at the
men, and every- Soldier presented his piece, but the
Serjeant-endeavoured to prevent them from firing i•
that it was when the men came running down after
being ordered to Barracks, and about five minutes
before the Rifleman fell, that he saw the Serjeant as
above. • ,

• John. Robertson saw Sutherland endeavouring to
prevent the men from charging, and also from firing ;
that the Section which Sutherland had charge of W 3411
nut disposed to fire ; that a man was about to pre..
sent and fire, when Sutherland came up to him, and
raised, his piece, saying, don't fire ; the Witness
pointed out Sutherland.
Itnderick M‘Donald saw M'Kay with his face to
the niCn, keeping them in their ranks ; he did not
see him encourage the men to fire.,
.:Alex. Fraser saw M'Kay keep back one man from
firing, who was coming ,down to the present, by'
lifting up the muzzle of his gun.
Alex. Munro saw M'Kay with his face to the
men, but cannot say what he was doing. •
John M'Lennan observed M'Kay keeping the.men
,back and in their ranks, but not 4iter firing.
.Col. M'Kenzic, of Scatwell, found M'Kay an at.
tentive young man of great humanity, and never had
occasion to find fault with him. As to Sutherland,
heis, without exception, one of the best.behaved
men he ever knew ; that he was three months a
Private when made Serjeant, and had been eight
months in the Regiment ; that they were both Pay.
Serjeants of Companies, and remarkable for 'that*
good-conduet ; that he remembers Sutherland long
ago, and he is only twenty years of age t M'Key
H is about twenty.fuur, and he remembers him a drum.
met ; :that he knows Captain Macdonogh to be a
man of remarkable humanity and honour, and was
formerly in the Life Guards. Here the proofelosed.
The Evidence for the Prosecution was summed
up by Mr. JOHN CLeau, and for the Papnels by
the Hon. HENRY ERSRINE. Lord CRAIG, the
presiding Judge, charged the Jury, recapitulating
the principal part of the Evidence. The Jury was
inclosed about two o'clock yesterday morning, and
are to Teturn their Verdift this day at two o'clock.
Mr. ERSKINE was much indisposed when pleading
in defence, but recovered so tar as to be enabled to
.
go Lilrough It.

(To ir coglimtecij

A letter from Bombay says, " We are glad to
114:11 that the examination whieft has taken place ut
respeaing the death of the l'ersian Am.
bas,,:,d.r, is of so favourable a nature as to leave n
imi,r(Ter impression, on the mindof the persons 1)10
in the Embassy, 'l'h representation which
will be made to the King of Persia, respeding this
unfortunate event, will no doubt place it in such a
liaht as to prove that' no human foresight could have

OLD DAILEY.

t;

:Icon DAY—JAS. 13.! •
Richard Staford, -job,/ Coutter,.l6llierm Minh,
and bevezmin- yo'vres were indicted fora Burglary
its the diveliing.houSe 'of Henry Wright, Esq. in
the .olrish, of StePney, and stealing therein a boat.
Cloak, theinnperty of Capt—Wright. ,
it,apticared in evidence that the place in which
the boat-cloak was deposited, was a chaise.house of
thiatoiecutiir, :but ao couhtded with the dwelling_
hottse,rae, point. of Law to be made a part of it.
That. this chaise.house was locked up by Mr.
WymOri, servant on the night of the. rith or De.
ceirib;:t, and that on the radii between eight and
,n the morning, Mr. Wright having gone to
hi* home in Essex," it was discovered that the
conch.house had been broke open, and the boat.
cloak taken out of it...
An accomplice, a Black, of the name of. John
Brown, gave an account of the whole transaftion,
and said, that all the Prisoners and himself went
out on Sunday night the itch of December, from
the lodgings of Minds in Dog.strect, Saltpetre..
Bank, and went over Stepney fields until they
came to the house of Mr. Wright, when they all
got over the garden wall, and from thence into the
coach.house, which they forced open and stole, the
boat.cloak, and eight pairs of stockings in, the
yard. in their way back to the. fteld.they had a
mind to steal some linen they saw,.but the Gardener
in his house, heard them, and cried Halloa, and they
cried hall.high, and jumped over the wall, carrying
thetinak with them; but afterwatds hearing another
cry, they were determined .to. run for it, and they
dropt the.cloak, which was afterwards found in the
field,.and proved to be the property of Mr. Wright.
It appeared afterwards in a conversation, when
all the Prisoners were together, that the Prisoner
Benjamin James admitted that he had stolen the
cloak ; kit the others made no such admission: and
there being no material evidence against them, but
that of the accomplice, the Learned Judge told the
Jury that the accomplice wars not worthy of credit,
farther than as he was corroborated by other testi-
many : And therefore they were all acquitted except
Benjamin
,nadirs, who was found-0144y, Death.
'd hey were all arraigned on another lndklment,
. ibr stealing several articles, the tools of a carpen-
ter ; and another person, of the name of Baker, was
charged with having received the goodi, knowing
them to have been stolen ; but the Prosecutor's

name was mis.spelt, and 'therefore they were all ac•
quitted upon this inditirnent. But the Court or.
tiered them to be detained, and another Bill of b)-
di‘ftinent to be prepared, and laid before; the Grand
Jury.
They were all tried again upon another Indid.
ultra, for stealing eight pair of stockings, the
rwerty of Jane aster, the servant of Mr. Wright.
Upon which, the case going no further -in the opi.
ratio of the Jury than the last, they found Benjamin
J11111C$•..-G7411041' and acquitted all the rest.

Fronts: Elliott was charged. with stealing a fur
tippet, the property of William Church IYlorhatt,
It appeared generally from the evidence, that the
Prisoner was in the shop of the Prosecutor, a bon-
net factor and furrier, in Hayes's Court, Soho; an
elderly woman was with her ;----they looked at some
bonnets and other articles the tippet in question
lay on the counter when the Prisoner and her COM-
rani a came into the shop on the next day it was
missed ; shortly after the Prisoner (a Demi-rep of
some figure), was obsersed with the tippet on, by
one.of the shopmen, under the Piazzas ; he instant.
ly recovized the property, •which was.duly iden-
tified, and the necessary steps were taken to bring
her to justice.
After the evidence had been gone through, the
Jury, after some consideration, found the Prisoner
Guilt).
Upon the annunciation of her fate, seeming to
faint, she fell d,wn, and was obliged to be carried
out of Court by one of the Attendants.

9bi Kb,: was indieled for feloniously stealing,
'on the 14th of December, a Bank of England Note
of 301. the property of Elizabeth Watson.
In the Course Of the evidence it appeared that the
Prisoner, a journeyman Bricklayer, in the imme.
diate employ of Mr, Fowler, a master, .worked at
.the house of the Prosccutrix, the whole of the 'day
of the 4th of December ; it appeared that the
place where ht: was at work afforded.him an oppor.
utility of access to a drawer, in which the Note in
question was deposited. It was put therein by
Mrs. Watson on the 13th of December the day lie.
fore and on the 1 eth, the day after, it was missed.
iy another chain of evidence it appeared that a
%melt had been bought at the.shop of Mrs. Hawley,
watch.seller, between seven and eight o'clock on
the evening of the.4th, by a person rather like
the Prisoner, for 71., which was paid for by means
of. a. 301. Bank at Faigland note ; and it appeared
that the watch so bought was afterwards found in
the Prisoner's box. In the opinion of the Court,
however, some very material deka appeared in the
evidence. The note in question was not duly iden.
titled by the Proaecutrix ; she could not, in a legal
manner perfectly describe it. Her Banker, she said,
could ; but he was not forth-coming for that pur.
pose. 4 Neither would Mrs. Bawler or her Shop.
tnan positively swear that it was the Prisoner who
bought the watch at their shop. In consequence of
these defetts in evidence, the Jury were constrain.
ed, under the direaioti. of the Learned Judge, to
Alynit the Prisoner.

• IfilMOm BaerJut was convilled- of stealing a
quantity of copper, ,value 41., and other artiehs,
tile property of 'rhomas William Payne.
The principal evidence against the Prisoner was
a 'Watchman, who deteeted the Prisoner near the
prelpisei of the Prosecutor, with the copper in his
h;old, sod wailting in a direOion from' the house.—
No (I,oo4n:tined as to the identity of the copper ;
it fit!efi the place exactly from which it was alledged
to be btolen. • '

The charge was laid in the first instance as a
Burglary; but with respett to this, satisfattory or