The Sun.
London, England, 1811-01-30 00:00:00

11'ai--01fice, Jan. 28, 18 I 1,.

The Right Honourable Lord Viscount Palmer-
ston,his_Niajesty:s Se(Aviary at War, bag appoilita
renee Sulisatt, E.iq. to be a SuptrilitendAit of
is nary Aecorupts, nt the room of Thomas Duds
resigned.

Alwissions in the Verbvsitire Militia, signed by the Lord
Lb:mutant. •

To be Captains Cot ksitut t t tcatii ote, Esq. Richard
ilatetnano Lbg.

/i.4NKfli:t7ciLS ENLdRGEb.

A. Lanc.hester, St. (am s's.stieet, milliner, from Dec. 29,
to l'et). tb, at ten, At
. Aloore, iititse-cle.tler, from Jan. 22, to March
12, at ten, at Gui:

1. [landliy and R. Abbott,
.of Coventry, mercers. •
B. Chapman and 1. F. IlolWliede, off Leeds, merchants.
'l'. Clause, ten. and T. CIAUSC, jun. of [everahala, sure
geoua. - •
E. Edwards and J. Moody, of Reading, coach-masters.
-T. Chantler, jun. I. Deane, S. flotbrook, dial I. Lawton,
of Winunignin, Chester, tvhite.salt-makers.
posil,„ W. fitrawson, W. Hill, and 1. Ictrzty, of %Vest
Reit- it, iii4nufaCturers of sacking.
T. I. Cockcll, 1. Carr, and I. lkin, of Leeds, mer-
chains.
T. Eccles, 1. Newsham, and T. Newsharn, ot' Blackburn,
cotton-manufaCturers.
I Oxley and 1. ')xley, Jun. of Norwich, hatters.
A. ItraeLhodo, W. Braceoridge, and W. It. itrdcebriclge, ot
%VarwiLk, bankers.
I. Itodle, 1, Wur„,er, 1. Ade, and 1. Smith, of A:friston,
commun.-brewers.
O. ()uneasier and it Walton, ofSlictfield, corn-dealers.
G. Itillinck, and Grandy, ut Liverpool, scut prom.
W. Bradshaw and U. Appletiee,.ot Britaiiiiia Gardens,
fluxion, Lintels.
C. G reenwood and W. Henley, of Bradley-mill, Lancashire,
cotton •spinners.
I. Barrow and W. Atkinson, of Kirby, Kendal, :iiercers.
S. tildclell and E. Biddeit, of Broad Ratchitif-cross, ti .seers.
I. Miffs, W. and 1 Hughes, excavators ot vain.
W. Witson, fl. Wilson, taxi T. Wilson, ot Liverpool
m. C. Morrison and O. Prior, ut I'l, mouth, tnitiin, rs.
j • WahusleYwitm. and I.lVaiinesley, jiin, or Rochdale, trier-
,. chants.
S. tartar, 1. Evans, and M. Alloway, of Bristol, saddle-
makers.
11. Mattingley and S. I.uppicryvell, of Great Yeldhain,
draper*
I. Tutiai, K. G. Wray, T. Clark, and I. Stulchb-ry, of
Towel Doi.k, lightermen.
1. H. Cotton, and T. LA-lead, of Clicapside, silversmiths.
1 Norman and I. fi,es, of Whalebone-court, turners.
I. !lately anti I . Hoare, ot Waithain.lane, Herrs, calico.
punter*.
1, ry'oodwaril and I. Scal, of Thrugmorton.street, mer.
chants.
1. Pickering and w. Clayton, of Macclesfield, silk-throws-
' ter*.
J. G. Rigby and W. Fad, of Prince's Wharf, Surrey, coal-
, merchants.
W. Kurd I, G. Rigby, and N. Ford, of Globe-place, Surrey,
pill-bux manufacturers.,
W. Hooper, and P. Proctor, of Cloak-lane, sworn-brokers.
E. Wood and 'l'. Tassiker, of e.iwrley, brazier*.
T. T bonito and J. 144.kh0l I, of I3rilttol, so;ep•rnanut'acturers.

SCOTL/IND.

HIGH COURT OF JUSTICIARY.

O:1 Monday came on the trial of .fatties APArra,
itom•ilitter, late in the empioyment or Nleisrs. Cad.
dell and Company, Cfamon(l, :accused of the mon,
der Alexander APArra, his own brother, on the
tot!, cloy of November last. • ,

1 tit; pr:SOlia pleaded not guilty, and' Mr. JSF-
Fa cy, his counsel, stated, that tee blow, which oc-
Casiened the deeth of the decease di ,was inflicted in
self•deleuce, alder circumstances 'et vmlent provo-
cation, and with no neention to murder on the part
of the prisunor. The usual interlocutor of relevancy
having been protiuunced, the following witnesses
were ee,seutted on the part of the Crown.
Richard Ilenme, clerk to Messrs. Caddell and
Company, deponed, that, on the evening of the
Joie of November last, while passing the slit-mill,
at Cramotid, he heard a noee, as of quatrelleig,
and, on going into the work, he found the risoner
challenging Thomas Dil'Aria, his4.l. other, for allow-
ing one ol the (vete:- te go wrong, Thomas, hav-
ing gone out, retie eed egain with the deceased
Alexander /VP ,\.rra, when itic prisoner asked Alex-
auder whose, eiult it was that the furnace had gone
wrong. To this Alexander replied, that it wits no
other person's fault but his, meaning the prisoner.
On this the deceased immediately sat down on a
bench, while the pusoner email-tiled bawling, out in
a peat
.passion, against both Ins brothers, respect-
ing the tut nace. fhe deceased theneraid to the eri-
soner, that if he was not his brother, lie w•iuttl turn
him out of the Owe; and, tole time after, in con-
sequence of the noise and bmling contiening, the
deceased .rose ,up to turn • the prisoner,out at the
door, as witness supposed ; but he was prevented
from doing this .by Caleb Aitkeaton, one of the
workmen who was present. The deceased, how-
ever, got up a secenU time, :eel, on going towards
his leother, who was: still milking a great-noise, he
elite* him on the side of the taw with his open
hand, his other hand being . ia his bteast, which
knocked otf the prisoner's hat, and caused his teeth
to bleed a little. Tee deceased then sat down again,
when Aitkenson put on his hat, and observed that
it was.a shame for two brothers to quarrel in that
mangier. 'Witness thought, in consequence, that
there would have been ito more of the matter ; bin
in this he was disappointed ; fur, after the prisoner
had walked up and down the place about two
minutes, with his hands in his vest pockets, lie ap-
proached she deceased, and said, " Sandy, you have
struck:me, now G—d d—n it you'll account for it."
saying this, he went and brought a large pair
of lurnace tongs which were lying in the place,
with which he-drove at the deceased, who was still
sitting .on the beech, and hit him in the belly. On
this the deceased attempted to get stp but beNV/111
driven back by a second push, on which Aitkenson
rushed forward, and while attempting to prevent
further mischief, the prisoner drew in the tongs
to shorten his hold, and struck the deceased with
them on the face. The tongs being taken from the
prisoner, lie attempted to strike his brother with
his fi,t, but this• was prevented; and the deceased
having goi very weak, ho fell to the ground, tear-
ing. in. his fall, the breast.of the prisoner's coat,
WIAL.II he laid hold.off towards the end of the strug-
gle. Alter laying on the ground about 15 minutes,
tires, deceased was carried to his father's house, where
he died on the tourth day thereafter. Being inter-
rogated by Mi. jet-Frey for the prisoner, WittiCs3
stated that the prisoner and the deceased were both
in ltquor at the time of -the accident ; that they
were both it little quarrelsome, but the deceased was
inure so that the prisoner;
Caleb Atkenson, referred to by the preceding,
witness, corroborated his testimony; lie also stated,
11:31 after observing it was a shame for llrothers to
be quarrelling in the manner they did, the prisoner
lola the deceased that he was a, rascal and a villain,
and almost immediately rthereafter, in about the
space of a minute, ran for the furnace. tongs with
which theonoital .blow was inflicted. Being ex-
arnitted on;the part of the prisoner, witness state,l,
that the blow given to the prisoner by the deceased
seemed to be a hard blow, but it did, not knock hint
down, The prisoner at first had in en blamed for
the fault in the furnace; but after the death of his

brother it NA been ta,kett down, and it turned out
that he was ma to blAtne.

James Ritchie, apprentice to Messrs. Caddell and
Cu. merchant, in Edinburgh, was present dur►ng
the whole transadion, and corroborated the evidence
of the preceding witnesses in all the essential parti-
culars.

David -Landoll, surgeon at Comelybank, and
Geo6e 'Bell, surgeon in Edinburgh, were examined
aoo,the cause of the deceased's death, when they
both concurred in stating, that it was mcasioned by
the blow which he had received on the bead.
After the prtso:•er's de, laration was mad, several
witnesses Were examined on his behalf, who all
concurred in stating, that the deceased as Of a
quarrelsethe disposition ; that he had frequently
struck the prisoner without any blows being re-
turned ;'.and that they considered the prisoner to be
a peaceablrand quiet member of society. Mr.
Mackenzie then addiessed the Jury f.r the Crown,
and Mr. Jeffrey for the pr;sunet.
Lord.. Josi ice CLERK, in slimming up the e% idence,
said, that he . was persuaded all would agiee with
him in I observation w hieh had been made by, the
Cnun4el on both sides, that this was h most bunco-
table and distressing ease---I hnentable.to think that
any al.11) should lose his life in a quarrel,, but doubt-
ly so that the man should fail by the hmds of his
own brother, in a matter of •so little consequence,
of so trifling a nature, as that w hich gave rise to the
present dispute. His Lortiship could not pretend to
know what might be the stadia of. the Jury ; but
this he considered himself bound to say, that if they
brou;ht in a veulict, of total acquittal, as had been
calved for by the Counsel for the prisoner, it would,
be a sot ro4 tut acqeittal for the people of this coun
try. It would, in etfcat, be delivethig them over
to the etraelsa of every barbarian who, upon the
most trifling, occasion, chose to assault them ; it
would bedegalising every si,eciea, of outrage which,
could poenbly .he cent.eived or aoininitted. Ht
weeld not insult a Jury of his feltow-eitizens, by
supptoing, (Or a single moment, they we re c epab;e:
of teiurning a• erdiet ol so obnoxious a nature. The
rise b, fore them was tisher incase of murder,.or of
culpable homicide of the lightest degree. It was
only, by a minute examination of all the circutu-
stakes atternleig it that the nature of the 'crime
could be properly astertained,' and it was to these
alone the Jury were called to look.
It aepeared that the pri)bner and the deceased had,
in general, lived can tolerable goud tereis togethet.
They were tellie.v workmen, although now aod theft
they. had their quarrels,' in which, tt must bead 7
witted, that th;.: prisoner
,had frequently the worst of
it. On the 'occasion, however, of the quarrel which
let minaret! so fatally, they seemed co have stood well
towelis one another. From the prisoner's decla it appeared, that'they had iiniahed their week's
Work on the most amicable fhoting, so much
.so that
they went anti hada telreshment together. was'
to be wished that. this refreshment had not taken
place in the way it did, as liquor had been used by
the parties, which was not only unnecessary but ins-
proi,er, fira•appeared that the prisotterdiad beep
in a state of niteaicat ion during the early part of the
day After the refreshment, the brothers both re-
turned to the work 'to receive their wages; and here
the'fir,t' thing that appears in evidence is, the pri-
soner quarreihng, not with the deceased,' but with
his other brother Thomas, who, unable to bear his
abuse, lilt the phice. phi tot in company
with Akxander, the latter immediately sat down
without sayttig ass ord, when he wa, atiaeked in tie
same provekihg 'mintier by the erkuoere On this
the. ,deceased merel said, that it lie :was not his
brother, he would--put hiin to the doer.—Con-
stdering the manner in ss hieh the prisoner had
behaved, and the abusive treatment which lie
had given his brothers, the observation of the de-
ceasr:d could not be held a provocation. Yet, what
was the ants er returned by the prisoner. It was
ihis---you are a rascal-,—you are 'a villain. How
then was this lauguige resented by the deceased ?
Not surely in a very violent winner, for althooge)
he got up twice or thrice to put his laryther out uf
the place, he was .easily orevatted upon to sit down
rig tin, until at last he felt so hurt at the repeated
abuseof the piisoner, that he. give arse a slap on
the Cheek with the palmr of his hand. This was
evidently a pretty smart stroke,. as it caused. his teeth.
to bleed it was a degree ut provocation no doubt
calculated to irritate the prisoner ; but it did not
occasion a retort on his part; he did not return the
blow. Froth this it was evident he entertained no
tear of the deceased, if fear could at all be suppos-
ed white Ihre,C other persons were present. kits
laying hold of the tongs was not, therefore, a con-
vulsive effort, the impulse of a momentary pas-,
sion ; it was a deliberate air. Instead ol snatching
the tongs up instantaneously, and inflicting the
deadly blow, he walked about the place for some
minutes, in a•cool reflecting manner, and then, as,
the result of his deliberation, he told tho deceased,
You Shall account tor what you havedone."—
On lookhig at the instrument by which he effected,
his purpose, and considering all the circumstances
tof the Case, it Was impossible to believe but what
there had been a deliberate mutely ion to murder,
operating in the prisoner's breast, Again, it would,
be attended 'to, that the blow given the prisoner
by the deceased uid nut bring him to the greund,
neither did him stew any wish to repeat it ; he sat
(Town peaceably on the bench,- from which it was
evident that he had no farther intention of injuring,
the prisoner, and it was not until the prisoner struck
him with the dreadful weapon, that heattempted
to rise and defend himself. In this, however, he
was presented, by a repetitian of, the blow ; but
having at last got op, awl ;aid hold of the prisoner
prisoner, in the most
by the collar, tie, the
deli
berate and determined manner, shortened the tongs
in hishatid, and snuck his brother the deadly. blow
in the face, It had been said •by the prisoner's
Counsel, that it was rattier an utifoetunate circum-
stance the blaw happened in the place.which it did,
as, had it been airuck on any othr:r part of 'the head
it.might not have proved fatal. But a plea of this
.kind had been urged with equal edect in ever Clstt
of murder. Weep a persuit stabbed another with
4 knife, or when one )Imt hi tellow-treature with'
a pistol, in both cascs 'it might br pleaded, with