The Sun.
London, England, 1803-01-12 00:00:00

zvt iv vxci

HIGH COURT OF JUSTICIAR'Y.
'Tim day the Court met to proceed. in the trisit
of Lieutenant.ColonelG BORGE MACKENZI F, Cap!,
J. B. MACDONOGH, Ensign GEo.-LAtitoia, Ser.
jeant ANDREW. MACKAY, and Serjeant ALEX-
ANDER SUTHERLAND, all of the late Regiment
of the Ross and Cromarty Rangers, accused at the
instance of DANT L Rose, anti three other private
prosecutors, with concurrence of His Mi6esty's
Advocate, of being guilty of the murder of certain
persons, named in the Intigtmenti. on.:the 4th of
June last, in the streets of the Town.qf 4berdecn.
When the names of the ,Paeuittig wcre„calledvover,
John Lanigan did not. appear,;, upon. which JAMES
MONTGOMERY, his Counsel, rose, and was about
to address the Court, but he was informed, that,'
unless his client was present, not a word could be
spoken by any person appearing for him.
After being called, according to the usual form,:
and not appearing, the Court pronounced sentence
of fugitation against him.
All the other Pannels were at the Bar, and the
IndiCiment being read, they 'pled Not Guilty.
Lord CRAIG, who sat as President in absence of
LORD JUSTICE CLERK, said, that as defences had
been given in on behalf of 'each of the Pannels, he
thought it ' would be proper that these defences
should be first read, after which, •as it might be
expeeted, that the Counsel for them would lead
a proof in exculpation, the Court would expel
they would state as particularly as possible, so,. as
not to hurt the interest of their clients, the nature
of the proof they were to bring forward. His Lord. ,
ship further observed, that though in this Indictment
there were many relevant charges, yet there might
be others to which the Counsel for the Pannels.might
oppose objedions, the Court would therefore expeCt
that the objeetions and points of law would be stated
as precisely as possible, so ,that the Court might
well understand and decide upon them, in the hear.
ing of the Jury, before they were chosen.
The Defences were then read by the Clerk of
Court, after which Mr. HORNER rose, and pro-
ceeded to state the case on the part of the Pannels.
Wht."RAtt and Mr. JOHN BURNET, two Of
the Counsel for the prosecution, made a few obser.
•
vations in reply.
The Court. delayed further prPcedure until to.
morrow morning, at ten o'clock. ,

~+ . 1 ~ . ~, t~J

FRIDAY,. 7ANVAR.7.4.
*LORD CRAIG IN THE
This day the Court proceeded in the trial which,
was adjourned yesterday.
After the Panties were called, and before p to.
ceeding in the trial, Lord Du NSS I NAN said, tf,at it
was yesterday his opinion, that from, the imp/tame
of this trial, and the manner in which the India-
ment was laid, it would have been useful for' the
Court and, jury to have had information., upon the.
points it embraced ; but as the Learned c:ounvel for
the Patincls had stated that' they dig not mean to
rest their defence upon whether • such and such
crimes were committed, but sim};l,y that they had
no concern therein and•had als,,e stated that delay
would be attended With great expence, he would,
therefore„assent., on Ills part,, that the'CoUristould
proceed tiLelay. . ,•
Lord .ME IVEN spoke to the same efreCt, and
added, that it was of zifich importance for the :fury
to have. had these po;,tits of law discUssed, and it
was what they were (intitled to.
Lord cur..l..esr 6a"ld, he tUund this cause and this
indiCtinent 'involve/a more important points of law
than any which 'dad ever coniu under his observa-
tion. 'With rvipen to the different charges eon-
rained in the indiament, he could have wished.it
had been stripped of every one htit. murder, and
then it would have been less-involved. As to what
the proof might Amount 'to, het could not..,py ; it
might arnonot to murder, or culpable lieeAsate, or
justifiable homicide.; but ,wlntro,jur .mitifobe, the
Court ought to have had fullip/m/outwyjf judg.
ing of all the circumstances antisetv3e,,ylii,w in the
libel. In the course of
.the evideqe there may
occur many points of law extremely nice, which it
would fall to the Court to determine. They may
he very intricate, and of such impertance as to de,
mand more deliberate attention of 'the Court than
can this day be given. He agreed with what had'
been well said by his Learned Brother who spoke
last, that the Jury were entitled to this, in order
that they might:be-fully satisfilzd how the law stood
upon-every point. If it is 'complained that the ex.
pence of delay would be
.greitt, that is -the fault of
the Parties, who had it ie their power to have
brought the trial on sooner had they- inclined, and
then the points of law mi4ght, have been maturely
considered. His LOdshipeoncluded by Saying tijat
lie could not acquiesce with what had been pro-
posed.'
Lot a Aloe A,o,kei made -several remarks upon
the drawing :Of the indiCtment, and thought'llie
Court might pronounce an interlocutor finding it
relevant.
Lord CRAIG said, When he first read chis.
merit, he did wish there had been informations, on
it, not only for the satee of the Prisoners, but for
his own SatiSfaeliori; and that of,the Court, who
ought to have poisessed every information upon so
extremely nice, and at the same time so important
a onestion, where the Law of the Country was much
concerned. His Lordship after a few. more remarks
upon the case, concluded by acquiescing in what he
undevStood.ty be the opinion' of the majority of the
Cony, that they shonld'proceed .to the trial.

The Jury were then sworn in : • .
Evl lIENE FOR TILE POSECIITION: •
Mr. John Garioth, Mercita,Kity., b.sectleen, said,
on 4th June, between sevon„actl,n4.lle-in, the even.
ing, he was in Gordon's Irm.standing at. the win.
dow, and saw a number of boys .throwing.dirt and
wet straw at one another, and at the ilcorle on the
streets, sometimes at the,,Citi-4ens and sotnetitnes
at the Military. About eight o'clock saw-colonel
M'Kenzie going towards the Barracks at the East
end of the street. About same titite saw Calitain
Macdonngh. -,1-le, the Witness, then went to the
higher floor of the Coffee7rooni. tetween eight
and ni9e frequently saw Macdonogh on the street,.
and boys and men thrdwing dirt at him:. At one
time se/ a boy tllll3lv a Wilt* handful of dirt in

1115
NICC, WU LULU LIIC OFC liiCC IV/15 quve
eOvered The people who aid throw; or
Whlthreater:c.,l to throvw, used to• run after with
Ifis„s,(•Ord in his hand. About same time saw En-
sign Lanigin. Several
.rninutes. hefOre nine o'clock
the attar i t,rought out by Captain MaCtionogh.
Does not retuember any
.attack made On the guard
before'this. The 'Guard-house' is neorly Opposite
to Gordon's WI. not see any Stones thrown
before the grta,t,l.was turned out. About' this time
saw one of the `own Serjeauts in the streets; he
appeared to he. persuading, Captain Nlactlonogh. to
take back the Guard to the Guard-house. About
nine saw Captain Ma-cdonogh with Soldiers on each,
side of him go towards, the Townhouse. The
Soldiers were, .ktirrying amis. About ten mibutes
after this he saw a party of about thirty come frOm
the ffarrocks, -and join the Gulird.' iiefore, and at
this time, he saw 'Lanigan running through the
streets and making thrusts at the people with his
sword.

Q. Did you think at this time there •wak any
riot on the streets to justify or require the Guard
being called out ?
In answer—Witness said he could scarcely call
the people a nrdi at this time. • }e saw them
doing nothing but throwing dirt, as they hid •
been: doing before. Witness did not see any
thing thrown at the Soldiers on guard, but it
might be so. lie ha's often 'been in Aberdeen on
former Celebrigions of the King's Birth-day, and
upon this occasion he saw nothing more of riot'in
Castle,street, than on any other year. Abmit a
quarter past nine he san, seldiers coming running out
from bath sides of the Guardhouse, where there
was a temporary sl•ade, and some stones for
ing, intercepted his view. Lanigan was along
with theme and at one time saw him pulling one. of
the Soldiers forward'by the coat. The guard were
running after the people with bayonets charged, and
the people made no resistance ' • one or two of the
guard fired at this time. He shortly after saw the,
whole regiment come down from the Barracks.—
Captain Mactionogh had previously gone up to the
Barracks, anti he returned with the men. When
they came down one-third of the street, before they
reached the guardhouse, they were drawn up across
the street. The line was too long fur the breadth
of the street, and was doubled at north end. Cap-
tain Macaunogh was
.then in front of the line.—
The Witness called kiln the window whore he was,
to ;Copt. Adamson, WOW, and begged of him if he
knew the Waters to speale-to them, as he feared nai*.
Chief, beet tit,s,e he had seen the Soldiers pursuing
the people, arid some of them had fired. Witness
then ran dottiii to the street, and in the passage saw
Serjeant M'Pherson of the Volunteers, whonthe de.
sired to go to the Provost anti tell him what he had
seen, and request the Magistrates would come and
take command of the Military. This was about
half past nine o'clock'. WitnesS then returned •to
the- window of the Inn,. and saw Captain -Mac.
donogh and some other Officers walking in front of
the line, and then he distindly heard the orders
given by Capt. Macdonogh to prime anti load.
The men immediately, along the whole line, primed
and loaded. The Witness then went to the third
floor, and saw from a window the Soldiers farther
down the street' than where they had been first
&awn up: They were in differetit parties and •
tiring. It was thcn,almost ten o'clock. At one
time he saw, while the Soldiers•werorunning in the
streets, . seine of them run up to a man, who stood
still, and they knocked him down, and struck him
with tl.e,,but
,end of their muskets, and stabbed him
with their bayonets. Before he was attacked, he
was standing with his arms across, not doing any
thing. Witnes t then went (-low., to the street a
second time, arid saw one of the town Set jeants, anti
sent again to the Magistrates, desiring they would
come out. He also then saw Serjeant M'Pherson,
who told hinilie had been at the Provost's. Witness
then Wilt to the To.wn.honse and saw the Provost
and Magistrates, and seyetal other people with
them. Witness said, Good-God, Gentlemen, what
are you doing hereHwhy don't you come out ?
Before this, Wittles seen tivo people fall on
the street during the firing. Aboy fell at the \Vest
end of • the plainstones. Witness thought the boy
was counterfeiting, as he did not think the military
were firing ball. The other remote fell nearly op.
posite the New Inn. 'When Witness went to the
Magistrates he told them he bad seen some people
shot in the street, and if they stopped longer mole
• would be killed. Witness added, that if they
would go, he would go at their head. One of them
replied, " perhaps we may be shot too." Witness
told. them that if they would go, with the Town Ser.
jeanrs every body, would know who they were,
Shortly after this they went out with the Town
Serjeants. There.wasno firing after this. Must
of the Soldiers had by this time gone to the cast end
of the street, and some of them went into a narrow
lane. There was a Set jeans behind the rest, whom
ihe Provost spoke to, anti desired him to take,. the
Soldiers immediately to the Barracks, In this nap.
row' lane, which leads to the Barracks, he saw a
• Serjeant. and the Provost informed him that he
Was Chief Magistrate, and he must immediately
'make haste to the Barracks. He answered, lam
a Soldier, and know no Magistrates; upon which
the Provost gave him a blow with his Batton, and
said will you obey that. After this they went all
into. the Barracks. After the first or second firing
Witness saw about a dozen of people throsying
stalled at the men who were standingit the Guard-
house. He saw no other disturbance, hut there might
be some occiirretic4 while he was absent at. :the
Towu.house. •

Crolr-ecrom;fleti.-- Ftom the time betwixt. his
sentlitig Serjeant MTherson to the Mcistrates and
the *dine he werstitimk4f to them it might be half
an 'hour, In the course_ of the evening he saw Capt.
Macdtmogh two or three different times addressing
the'people W:itli his hat off, in conciliating terms.
ju one. time . he t‘ent in among the midst of them
sh.k:sk it:in-tis with some of them. He held up
his hat and huzzaed with them.; but he was very
inconsistent, for the very next moment he wiild be
running after them with his sword drawn. He saw
the soldiers after the second: firing drawn up in a
close column, and they marched into the lane that
leads to the Barracks, and when they were nearly.
all in the lane the 'petiple began- to huzza, upon
which the soldiers returned, rushed into the streets,

`Magisirates had Oot.some out Before this.-
Questioned by Prorecupr. - Whether .did_ you
think the distutbdoces.begiin by the 'unitary or the
people ?

Mr. ER.SK I N E, for the Defenders, nbjcted to this
question being put. .It was merely a matter of
opinion, not a matter of fatt, and it was quite im.
proper to put such...: question, after the Witness had
given his evidence. upon which the Jury were to
judge.

- 7-•
Mr. Gr Gr.r as said; he considered himself at full
liberty to put this question. It ia'to learn- the im-
pressien which a fad might ha've upOrithe.ritneises'
minds at the tinie It is alike necessary• and com-
petent, It is, perhaps, as necessary for the Defen-
ders as for the Prosecutors. • .
Mr.-Exsictra said, if the Gentleman will ,shew
that the question he has. put relates entirely to faa,
and'not opinion, then it undoubtedly. is competent, la'
but he .rather wishes to establish an opinion in place,
of atfad.
The Court resolved to put this question.
'Q. What were the circumstances which oecasion-
ed disturbance that evening ?—A. 1 certainly can.
sider it was owing to the military having been in- '
stilted by the mob throwing dirt upon them. I.
mean both officers and soldiers.
Q. Who'commanded when the Regiment was. in
line, and who when they were marched back I A.
Capt: Macdonogh commanded when they were in
line. I do not know who commanded whin they
were marched Sack.
•' Mr: John Dingwall, merchant in Aberdeen.—
The witness said he was. not aiubscriber to carry
on the prosecution.
Q. Did you express-yourself, next day after this .
unfortunate affair, in strong terms against the con,.
dutt of Captain Maedonogh, and say hanging was
too little fur him t—A. I might have expressed my-
self in terms of disapprobation against Captain Mac-
donogh's condutt, as extremely improper, but never
spoke of hanging.
Witness said he returned to his own house, near
the Guard. House, about eight o'clock, and saw
Town :.7erjeants among the crowd, persuading Capt.
Macdonugh to go eto his lodgings. He appeared
much' agitated. After this witness went.aohis own-
lodgings, and, looking from his window, saw Cap.
tarn Macdonogh haranguing the mob, sometimes in
good humour, sometimes in bad, but saw noblowl,
He had his sword drawn most of the.time, !tome-
times brandishing it, and sometimes under his arm.
After this, witness saw Colonel M,Kenzie very
much :intoxicated. He fell twice, and the other ,
Officers were supporting him. This made the boys
laugh, at seeing time Colonel fall, but nothing was
thrown. Captain Macdonogh then disappeared, and
scion returned with the regiment, from the Barracks,
which he formed across Castle-street. Captain..
Macdonogh had the command, and gave his orders
very distindly. He gave out this command, " with
powder and ball prime and load." This he repeated
twice. Witness thought the order had been given
to intimidate the mob. He thought it,given in that
kind of way, and could not believe they had really
,powder and ball. A promiscuous firing then began
at the,nrirtkof the line. By this time witness had
not seen the mob d'o any thing that he would have
thcught could have justified a man in almost clench.
ing his fist. This firing, took place previous to'the
soldiers tnaking arty motion to march back to the
,Barracks. Witness did not hear Captain' Mac-
donogh give the order to fire. He saw the Sur.
geon of the regiment,- previous to this, endea.
vouring to cause Captain Macdonogh to desist.—
The soldiers went' hick to the Barracks, and re-
turned again, after which there was a second fir.
ing. Witness was Provost of Aberdeen
,the year
before this. . .
Mr. Charles Adamson, late Captain in the Aber.,
deethhire Militia, said he has been as years in the
Army ; was 'in Aberdeen on the 4th of. June last,
and in the Town-House from six to eight in the eveo.
ing, when he went •and looked from:lea/Wow in
the New inn, and heard 'firing, ands: rte waiter,
came and told: him a man had been , kill a.; a gen-
tleman also came, and confirmed what the waiter
had said.: Witnes went out to .the street to advise
some' of• the Aberdeenshire. Militia to retire from
theNtreets. The 'Witness then went up to an Offi.
cer who seemed to • have the command of 'the Mill-.
tary on the streets, and requested him to take away.
the 'men. He said he WS tO SU, and.
thanked him for his advice. While he was talking'
with the Officer, aome_ of the.people in the strecia
said " you have no business, he is -as great
scoundtel as any of them, and that was him who.
• ordered the men to fire." About :this time sotim
person threw a btick.bat, which struck 'the Officer
on the head, npon.. which he drew his sword,' anti'
punned them down the street. At the time he was
*truck he..was going to order his men'ta the Guard.
home.
,The people who ralained, about, a dozen,
forced him, the Wimeis, into the New Inn, as they
.'said there would likely be more noise:" Shortly alter •
the Military came from the Barracks, and drew up
in fine in Castle-street. They advanced a very lit.
tle, and began m fire, but Witness did not hear ot
sec any person give them orders. They fired pro-
miscuously. Witness saw nothing in the con.:
duet of the people to induce any Military to fire.
He has been in Aberdeen almost 30 years,,but never
saw so few people on the streets, ter More quiet.
The brick-bat touts thrown subsequent to the first
firing. TlVre was one of the privates of .the light
infantry who fired- three different times,. The first
time he fired ite presented his- piece, and having
taken aim, he changed it, and after that aanged
again from right to left. The Officer, that he has
formerly mentioned was on guard. He saw no other
that evening.
Mr. John Collison, merchant, Aberdeen.--On
4.th of Jut-,e was in the Town-Houae till about half. •
past seven, and then walked till near nine, when he
went to his house in Castle.atrect,- where the sot.
diers were drawn up, .and he afterwards went
towards.the soldiers to keep the .boys peaceable—
they said the soldiers were going to fire on them.
Witness then went and got some other ofthetOwn's
p
ostly
Comingl*ys
rielomplemtoobpenrlsiugandtebtlee abscoiludtie2rs, : h
Or
tg3oLoy were
too,
mostly
die Barracks,' •
lie soon saw some more of the soldiers coming
trout the Barracks, loading as

,
i