Star.
London, England, 1822-06-14 00:00:00

t!)e accused. The entestenatt discovery of air
Alexander's authorship in these calumnies, had,
from the date of that discnvery; placed Mr. Stuart
under the imperative necessity of Acting in that
umnner which he himself could net entirely comma
'ne Learned Counsel here cited thecopprobriums of
t;le Whtg Song," which, for the sake of simplicity,
selected from a number of other publications
c;!.l.illy atrocious. These indignities, Mr. Cockburn
c,-icnded, imperiously imposed on Mr. Stuart the
r?cessity of acting as he had done. The Learned
Ctmtlernan noticed Many attempts at conciliation,both
before And after an explanation had been demanded
auj refused; and justified the conduct of the accused
on the tiell He saw the deceased making that deadly
p7e, .Aration which the accused had a right to consider
as aimed at his own life, and hid acted pursuantly
on the principle, of self-defence. In order to shew the
deadly intent of Sir Alexander Boswell, the Learned
Gentleman cited the fact that he had proposed that
the duel should be fought in France, " because," he
said," if Mr. Stuart should fall, I should not like to
answer for his death before a Scotch tribunal." As a
strong circumstance in justification of his client's
case, the Learned Gentleman alluded to the private
opinion of a Learned Judge (Lord Meadowbank),
who, be said, much to his honour, was not now pre-
sel!t. He also inferred, as a strong presumption in
dyes c;tent'i favour, the respectability of his seconds—
n Lord Rosslyn, who was far from being violent in
ilis opinions upon any subject—of Mr. Erskine, who
WAS liappily,.and he hoped he would long continue, a
Los ice in transactions of this nature. Thee highly
re,pectable individuals, as well as a number of others,
uuuld be examined that day.
The SOLICITOR-GENERAL said it was not their in-
tention to rest any reliance on the points in the indict-
ment to which the Learned Gentleman had alluded.
The Coves ordered that part of the indictment
which charged the accused with a design to challenge
ethers of the rnes, to be struck out, and sustained
the relevancy of-the remainder.
The Earl er iters(ovs being called, deposed as follows :—He
Was second to Mr. Stuart, and was present on the late melan.
(holy occasion. Being requested to state the circumstances, he
rod, on the 15th of March last he called on Sir A• Boswell, and
told him he bad come at the desire of Mr. Stuart, and that Mr.
Smart had ccmc in possession of certain papers, some of which
appeared to be in Sir Alexander's handwriting, and bcre the
post-mark of Matichline and the counter post-mark of Glasgow.
:!anie of them purported to he originals of papers published in
the G/aagete Sentinel, and one of them particularly, a song, con-
t tiring allusions disrespectful to Mr. Stuart's family, and charging
Mr. Stuart with cowardice. Among the papers there was a
letter to the Editor of the Sentinel, signed A. Boswell, contain-
ing some praise of the song, and other rapers reflecting on Mr.
row% which were in the saute handwriting with the letter
which bore Sir Alexander's signature. The similarity of the
handwriting and of the post-mark furnished so strong a presump-
tion that Sir Alexander was the author, that he thought it proper
to ask Sir Alexander if he was the author, or if he had sent them
to the newspaper, stating at the same sisr.e that if Sir Alexander
could sny that be was not the author, and had not sent them to
the icwspaper, that would be conclusive, notwithstanding any
evidence to the contrary.
The Sounneas-Gaareaara—Was any other persc ;resent?—
No.-Theo what was Sir Alexander's answer?—He said that this
was a delicate affair, and he thought be ought to have a friend pre-
sent. Witness said he thought it very desirable. Sir Alexander
went away, and returnt d with Mr. Douglas, whenwitness repeated
what be bad previously said. Sir Alexander and Mr. Douglas
desired to confer together. Witness went away, and when he
re-
turned found Mr. Douglas alone. Mr. Douglas then said that he
could not advise Sir Alexander to give any answer; that Sir.
Stuart was in possession of the evidence on which this applica-
tion rested; but if this afiair should proceed any futther, there
were two proposals which he had to make :-1. That no meet-
ing should take place withii, fourteen days, because Sir Alex-
ander had some family business to dispose of. 2. That the
alerting, if any, should take place on the Continent. Wittuss
had no hesitation is replying, that on these conditions be thought
the terms were such as would he agreed to. He had copies
of the manuscripts and papers in his hands when he called on
:sir Alexander Boswell. He had a song and a paper signed
•tt Ignotus." Ha thought the song of far the more import-
trce, because it contained two direct imputations of cowardice.
]le considered Mr. Stuart's character implicated by those papers
(which being shewn to the witness, he identified them in Court).
Mr. Douglas said he would not advise Sir Alexander to make
any answer at all. Witness afterwards saw Mr. Stuart, and pro-
ceeded immediately to Mr. Douglas, and stated that witness was
grieved that no alternative was left to Mr. Stuart; that Mr.
Stuart agreed to both the conditions stated by Mr. Douglas,
namely, the delay of 14 days, and that the meeting should be
upon the Continent ; and it was stated by Mr. Douglas, that so
anon as it should be convenient for Sir Alexander to be in Lon-
alai after settling his badness. w tness should hear either front I
hi n or Sir Alexander. Witness said hr should advise Mr. Stuart I
to h..ve urgent business in London, and to proceed there without
..dry. Witness said that he should be also there on or before the
6:h of April. It was agreed that all subsequent arrangements
respecting the meeting on the Continent should be settled when
-ail the partied were in London. Witness then asked Mr. Douglas
Si ;here was any possibility of not carrying this affair any further
—that Mr. Stuart would be content to treat the song as a very
bad joke on his part, provided Sir Alexander would say that he
did not intend any reflection on Mr. Stuart's courage. Mr.
Douglas said he had no hope that Sir Alexander would say any
such thing. Witness left Sir. Douglas to return to Fife, in the
conviction that everything was settled. The boat was ready,
but before lie embarked, he was accosted by Mr. Douglas, who
said Sir Alexander had taken the advice of a legal friend,
and, in consequence, thought it no longer necessary to go to
the Continent, and that he preferred to have the meeting in
Scotland. Witness objected to that, as there were many circum-
stances that rendered it desirable that the meeting should not be
in Scotland, and he should expect the appointment of the place
of meeting to be reserved till the meeting in London.--
One reason he named was, that he thought it possible Mr. Stuart
might already have set out for London. After some discussion,
Mr. Douglas returned to Edinburgh, saying at parting, that at
airy rate, if the meeting took place in France, and Mr. Stuart
tell, Sir Alexander could not be hanged for it. Mr. Brougham
called on witness next morning at about from a quarter to eight
to half-past eight, and stated that Sir Alexander had been bound
over by the Sheriff of Edinburgh to keep the ;,ace, and that it
had been settled that Sir Alexander and Mr. h:uart should meet
at Auchtertool that morning, and requested witness to meet Mr.
Staart, which he did. Ile went there, and had some conversa-
ton, and fixed on a piece of ground near the road side. Mr.
Stuart and Sir Alexander arrived in carriages, and got out at the
'ace they had filed upon, he believed at ten o'clock. The
soils were produced by Mr. Douglas and witness, Mr. Douglas
t;:ung down, and witness standing; Mr. Douglas received from
•witne.s the measure of powder for each pistol, and the ball, and
.d.ra, d them down. There were but two pistols, of which Mr.
Douglas took one, and witness the other. The ground was mea-
sured, twelve very long paces. The pistols were delivered to
the two parties respectively, one by Mr. Douglas and one by
:re; and it was agreed that they should fire by a word. Mr.
Douglas looked upon him to give the word, which he (witness)
did, and they fired. Sir Alexander fell. Every possible assist-
ance was afforded to Sir Alexander, who was aided by medical
assistants and Mr. Brougham, who, during this transaction had
remained upon a hill. Mr. Stuart advanced with great anxiety
towards Sir Alexander, whose situation and necessary treatment
rendered it impossible for Mr. Stuart to speak to him. Witness
hurri. d Mr. Stuart to go away. Those who remained, toge-
ther with witness, lent their assistance to convey Sir Alexander
to lianiluto. Vetere anything took place on the ground, Mr.
Stuart asked witness if it was not lit that be should make a bow
to Sir Alexander, and express his wish for a reconciliation ? Wit-
ness thought it right. hlr. Stuart advanced towards Sir Alex-
ander, apparently for that purpose ; Sir Alexander's back waathen
turned, and he appeared to be walking away from Mr. Stuart.
By Soticerose-6 SM.:MAL—Mr. Wood, NI r. Litton, Dr. John-
ston ail Kirkaldy, and indeed every person who was there, aided
decea,ed after he was wounded. Nothing material passed
Ware= Air. Douglas and him on the field relat:ve to a recol4-