The Sun.
London, England, 1817-07-24 00:00:00

nn the will of the testator? He knew his Lor

ship 100 well to suppose he should do so, and he
trusted, therefore, that the order of the Mostetoi
the Rolls be confirmed.
Mr.ABERCROMBIE, on the part of the Trustees,
expressed their willingness to submit to any order
of the Court, and at the srale time, -their anxiety
to rtform couscient;ously -the duty with which
they had been 'invested by the deceased, whose
sou they could not wish to see in any kind of dis-
tress, while they had funds in their bands suffi-
cient to prevent such distress. Yet they would
not sanction his juvenile indiscretions, awl give
the money to be squandered, which had been lett
for other and bei ter purposes. '1 hey in troth
wished to act as his father ,would have clone, and
as hr; best aod true friends. It would be for his
Lordship to decide in the case, as there were no
legal heirs, the children being illegitimate.
The LORD CHANCELLOR.--1 want know if

the Attorney-General has been served with notice
of this case, as it is impossible -for me to decide
unless the Crown he represented. Let therefore
notice be served on his Majesty's Attorney-Ge-
nerai.-,--Enrther discussion postponed.

HIGU COURT OF JUSTICIARY.

EDINBURGH, JULY 19.

This day the High Court of Justiciary proceed-
ed to the trial of Andrew Mackinlcy, charged un-
der the Act of the 52d of the King, for adminis-
tering unlawful oaths.
The •LORD ADVOCATE stated, that befOre pro-
ceeding to trial, he begged leave to state, that the
,great object he had it) view in bringing this indict-
ment, had been accomplished. The Court, by
their judgment of yesterday, had. shoWn the in-
habitants of this part of the Islaw!, that such
dangerous combinations, as these were not to he,
entered into with impunity. Following Out, there-
fore, his own views, and the mild intentions of his
Majesty's Government, he now announced and
entered upon the record, that in this case he de-
parted front the capital part of the charge, and
restricted the libel to an arbitrary punishment.
His Lordship complained, that his motives as a
public officer had been rather. harshly handled
by the prisoner's Counsel, in their printed
pleadings.
Mr. CRANSTOUN and Mr. J. P. GRANT depre-
cated all intention of any such-thing on their part.
A Jury wus then inliannelled, and the declara-
tions of the prisoner read, which made out no-
thing, except his acknowledging having attended
secret meetings.
An objection was taken by Mr.JEFFRBY against
examining the witnesses confined in .Edinburgtz

Castle, on account of their not being- sufficient'y
designated, and that the prisoner's Counsel could
not get access to identify theni, the Lord Advo-
cate refusing his •consent to their being admitted.
After some discussion, the objection was repell-
ed, on the ground that the Conti would have
ordered admittance, hail application been nfatletu
'them.
firsz-4564.1445t5g sTastljesl,,siNa4 ;CAtigksU,
prisoner iu the. Castle of Edinburgh, who being
sworn, and the usual question-put, if he had re-
ceived any reward or promise of reward, for
giving his fiittrfntintlfniskiferthat he had.---
Hereupon th_eLnan Anvoc ME craved the the
witness's wink should be taken down. A lott:;
examination then triok place, the resit]; ► whils
was, that the Solicitor• General Drool-
mond, Ativocnte Dephte, hadiseeV"ai•ith the wits.
TilEfilf'Editsbtit'gh Castle—Mr. DrummOn
ral times, and bad ~under the promise of gettiog
him a•. passport to go to Pru;sia, and means to
carry'hiMself and his wife there, and other good -
Aced', prevailed von him to become a witness
agaiusrthe prisoner, tuntl to emit and sigh se di:.
claration before the Sheriff. - •
Tl)e court rejected this witness,, as it-appeared
he came forward Co give his e6flence under (It
impression that he was- to recei‘4a certain remu-
neration, or had made an agreementfo that effect.
Four witnesses, _all prisoneri iii.the`Casile of
Edinburgh, were then called in sticcess*l7: they
all admitted that they had attended different 111,eet7
ingsat•Glasgow, but that no oath of secresy was
administered. The Meetings were to consider of
commencing Reform Societies, and as it had beets
hinted that upon the meeting of Parliament the
Habeas Corpus Act 'would be suspended, and that
as a very small crime might subject a person to
its operation, it was necessary to provide against
any •member hurting his. neighbour by any un,S
guarded expression. An obligation or promise of
secresy by a shake of the hand was agreed upon,
and confidence then took place, that no informa-
tion
from any other society should be used to
hurt any individual of these societies. All denied
that any oath, such as stated in the indictment;
was administered, and one witness, Finlayson„
declared that he would not have recollected one
word of the oath or obligation had he not seen it
in a newspaper, in a speech in Parliament.
The Court would not allow this witness to. be
fOrther.exiMined on that point, as it was evidtut
his information was derived merely from IleW3ll
paper report, a 4 not from any thing within hilt
own knowledge.
Alter examining these witnesses, the LORD
ADVOCATE rose and • addressed the Court, stating,
that in consequence of the disappointment he hag
experienced in the turn which the evidence lie bad
adduced had taken, Ve found he could not receis a
the verdict which his former impressions bad ltd
him to expect.. He therefore would not Jake up.
thv valuable time of the Judges and Jury in going
farther into a discussion which could neither be
beneficial to the country liibr to the -panne) ; he
therefore left it to the :jury to return a verdict of
Net Proven-or Not Guilty, ds'ithey deemed most
proper.
Mr. JEFFERY paid a. high compliment to the
Lord Advocate and the other Counsel for the
Crown, for their humane conduct on this occa-
sion,-and stated that he had not seen an Occasion
on which the conduct of the Court had been dik
rected to the maintenance of the Constitution, and
the liberty of the subject, with more propriety.
The Jury, after consulting a few minutes in the
box, returned a verdict of Not Proven.
The LORD JUSTICE CLERK then addressed the
prisoner nearly as follows :
" Andrew Macklulay, in consequence of what
has passed this day, a Jury of your country has
returned a verdict of not proven ; you have beers
duly tried upon the most patient iuvestigation,
and the public prosecutor has not, upon this oc-
casion, produced evidence to find you guilty of
the charges in the indictment. The evidence has
been unsatisfactory ; but, looking to your own
declaration, and the minute given in by your
Counsel, the verdict of not proven is a proper.
verdict. This verdict leaves, however, a mark
upon your character, which nothing but a life of
rectitude will wipe olf. You have lad a full, fair,
and impartial trial. It must spew you the safe 7
quard of a British Jury, and must leave upon your
mind aconviction of the sectsri;y and happiness of
the people of this country ; it shews that the lan s
extend to their protection. You now return to,
society ; have no more secret meetings, either by
bonds, oaths, or engageMents. Abstain front
such practices, -and no such charge can come
against you again. Hold oat, for the fut,ure, to
your fellow countrymen, that the laws afford ta,--
tection to the persons of the subjects, and char:z
them to hand down our happy Constitution uoim-
paired to the latest posterity. BY your future lite„
justify the verdict stf the Jury. If you have been
misled by wicked meta, be determined to live far
the future in the paths of honesty, sobriety, anti
virtue."

13efore leaving the Bar, the prisoner addressed
the Court as folloWs :
"My Lords—l ami not in a capacity to stand, from
my weak state of body, to return you my thanks
in a long speech, but I thank your Lordships, and
the Gentlemen of the Jnry, for your unwearied
attention in this long and arduous case; also the
Lord Advocate for his kindness to me during the
time of my imprisonment, in admitting my friends,
to visit me without restraint. To my Counsel
my feelings will not allow me to-express myself."
The Prisoner then bowed to the Court, anti
retired.
The triql lasted from nine in the morning till
ten at night.

THLA.TRItAt. itEGIsTE K.
Per/owned Lail

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NEw 1.14 I: ':OVA L. i;Y1;
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Wtrich..33ac.i. :01 b. WlVeli, trod 'The Deserter rir Naples.

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Frastre, tlti•rnsey av I .tentry, 1 Dublin,
t I,i,h 0, 2 Elitttthirrgh.

Pltl(T. el

TH!s I,AY Ar r

STOCNS

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tZ rer Cant. Red flak 1..,\n11. • • • •Al
8 per Cent. (.(inc..,..8(0, t India lionds,.. bllOl. 111. s•. pr.
4 per tenti 9141 .4ls. 14.. pr.
kper Cent. Navy Ann.. lUi I (unr. for Angust, 81

MIA WATER AT LONDON TO.NIOR ROW.
718 minutes after 11. Evelkia.z, 2 .fitter 12.

THE SUN.

11101,E4 QUIS LIC6ItE FAI,SUM AUDZATo

LONDON,
ratmsndr, JULY 24, 1817.