The Sun.
London, England, 1803-04-23 00:00:00

necessity of comtnunicating his statement (whiem,
was very short) through the mediutn of Mi.
KNOW.I.YB the. Counsel.—He,was, hesaid, in habits
of intimacy with him, he always considered Capt.
Macnamara as a good tempered man.--=He never--
saw any thing; to the contrary. . ' -
General Churchill had first an opportunity of.
knowing Captain Macnamara in the West Indies.
On subsequent occasions, in the course of their pro.'
fessional duties, lie had farther occasions of learning
his dispositions : he had every reason to think him
a good temiiired cheerful titan, and lie firmly be.
lieved Captain Macnamara was never engaged in a
quarrel before.
Captain Martin'(we believe of the. Royal Navy) .
knew Captaiti Maeniimara six or seven years. He
always considered hini.as a remarkably good.natured
man, and one not at all likely to use offensive lane
guage,
. Captain Phillips knew him r 3 years, and had
every reason to consider him an -extremely good
tempered man. •
Captain Townley, of the Navy, knew Captain
Macnamara several years, and he regarded him as
one partkularly disinclined to give an affront to
1,
any man. ' •

Defter b'ayne, who had occasion to attend Capt.
Macnatnara several times, described him to be an
extremely goOd tempered man, and one of a friendly
disposition.
Mr. Wright, Chief Clerk in' the Admiralty
Office, knt•w Capt.'Mcnamara several years ; he
considered hitn as a man of very pleasant manners,
and he never knew any thing unfavourable of him
on the score of temper'..
Capt. Igetitta kneW ,him several years, and
always found him a most Gentlemanlike manr and
alsO a benevolent,. goOd hearted humane man ; he
never knew him to give an affront to any one:-

Capt, Waller, who eelivered his. testimony from
the gallery, said, he knew Capt. Macnamara 5 or 6
year', he was very intimate with himl he-ever ap_
peared-a most Gentlemanlike man ; he was. also a
good Officer; his disposition was good, and his
teinper,pleasant ; and finally, that instead of being
likely to seek qUarrels, he was one that would
sooner conciliate and make theM up.- .
Cot. Mere knew Captain Macnamara ;:itimate-
ly; his demeanour was agreeable and -pleasant, and
he was one whose society he liked very much, lie
never perceived' the least tendency in him to quarrel ;
on the contrary,' he thought him a man of a very
good temper.
Captain rellowes spoke of Captain Macnamara
as a man of yell 'mild and gentlemanly man.

ners.
Several other persons were in waiting to depose to
the Charader of Capt. IVlacnamara ;:but his Counsel
(Messrs. ERSI“NE.and atiltOtiV), deemed it sqer-
fiuous to call them: • ' ,
Mr. Justice HEATH then addressed the jary very
nearly as follows : •
" Gentlemen of the Jury. The Prisoner at the
Bar, James IVlacnamara, stands charged with the
crime-of Manslaughter, in feluniousty discharging
a pistol, loaded' with gunpowder - and ball, and
thereby giving a mortal wound to Robert Montgo.
mery, on the 6th of Aptil instant, of whieb he
0.4 Your province, Gentlemen, will be very limit.
ted indeed, because the fad is not oolf, proved by
the. Witnesses, but acknowledged ,by the Prisoner
himself at the Bar,befne you. The crime of Man.
slaughter consists in slaying a man on a ,sudden pro-
vocation; fortunately, very fottunately for the Pri.
soner, we are not now to examine the extent of that
provocation, for although there was a sudden quar.
rel between the parties, yet a 'considerable time
elapsed between that varlet and the time of fight.
ing, when the deceased met his death, and if the
Inquest had found the-Prisoner at the I3.tr guilty of
murder, you would have had to consider_whether
there was not sufficient time-between the quarrel
and the conflict, for human passion to, cool--tor the
Law of this Land is a stranger to all those nice sem.,
timents
~of honour, as it is called, which excuses
these ads ; most undOobtedly it would have amount.
ed to Marder.. A, great deal of evidence has been
gone into respecting the prOlvocation—it is untie.
cessary to go over it, for -it 'is fresh in your memo. :
ries-4,1 shall say no more of it. The parties guar.
relled—they met ; by what appointmein is nOt
aerial ; they ;fought at a considerable distance in
point of time and place from the quarrel, and there.,
as you have heard, the deceased fell by a shot he
received out orthe pistol fired. by the Prisoner at
the Bar. That is not only proved incontestibly
by -the Witnesses, but also acknowledged by the.
Prisoner now at the Bar before you himself. As to'
all the evidence which he has called for his charac..
ter, however high that may stand,. it ought not to
influence your Yerdid, though, perhaps, it may
have art influence.on the Sentence afterwards to-be
pronounced--the Only province you-have is to say,
whether the deceased .did, or did not fall from the
hand and ad of the Prisoner at the Bar :—that he
did so appears most clearly,- both on the evidence
and the Prisoner's own admission before you.—
Consider of your vertikt, Gentlemen."
The
,jury withdrew,
.and in about 20 minutes
returned a Verdict of Not Guilty.

Capt. MACNAMARA was immediately• liberated.
and retired from Court surrounded by
,a great nuin.
bets of friends. The captain appeared very low and
weak when he first came into COurt ; but apparently
seemed to recover himself during the progress of
the Trial. He is a handsome man; anti has an ani.
mated and expressive countenance." He wore co-
loured clothes, and was without powder.

Wednesday the Recorder made a report to His
MAIRsTy of the Prisoners under sentence of death
in Newgate, when Michad Healey, for feloniously
personating, and falsely assuming the charatler of
Murty Ryan, a Seaman, who was entitled to prize.
money as a Seaman on board His Majesty's Ship
Audacious ; and josetb jemmett, for feloniously
forging, and uttering, and publishing as true, know-
ing it to be forged, ,a promissory note for payment
of 51. with intent to defraud James Crowt, and
otbcrs, were ortjered for execution on W .3:esday
next.—The case of Ann Windsor was pos,poned.