Star.
London, England, 1824-02-07 00:00:00

EDINBURGH.

HIGH COURT OF JUSTICIARY, FEBRUARY 2.
ASSAULT AND ATTEMPTED MURDER.
A case came on for trial this day, which seems un-
paralleled by the recent atrocity in Hertfordshire, and
can only be compared to some of the crimes which the
busy tongue of rumour had alleged against Thurtell and
t his gang. In the present instance, the accused, Thomas
Hay, resided in a solitary manner in a house in King-
street, Leith : no living creature cohabited with him.
Having fitted up his inner room as a human slaughter-
house, he set out one morning in July last, in quest of
his intended victim, whom he decoyed to the place of
sacrifice, and against whom he aimed the murderous
blow; but happily failed in the accomplishment of his
diabolical purpose.
The prisoner was prosecuted under the Scotch law,
that of Lord Ellenborough not extending to Scotland,
and stood charged with assaulting, stabbing, and wound-
ing, with a lethel weapon, Mr. William Moffat, to the
effusion of his blood, and with intent to slay him, on
the 18th July last, at the prisoner's own house, in King-
street, Leith.
At a former diet, in consequence of a statement by
the prisoner's Counsel, that they considered him in an
unfit state of mind to be put on his trial, the Court ap-
pointed a Committee of Medical Gentlemen to inquire
into the state of the prisoner's mind. Their report was
now delivered in, and it stated that they considered the
prisoner to be of sane mind.
The indictment having been read, the prisoner
pleaded, " I am not guilty, my Lord ; but Mr. Wilson
is guilty of rousing me out of my bed this morning, and
bringing me here without my breakfast, a state, I pre-
sume, which no one present is in besides myself."
The LORD JUSTICE CLERK told the prisoner that his
manner bore evident signs of being affected and pre-
meditated; and he would just caution him to look more
narrowly after his own interests, and to remember that
awful situation in which he stood. His plea of " Not
Guilty" should be recorded.
John Mackay, Esq. Baron Bailie of Leith, was called
to identify the declaration of the prisoner.
Mr. William Moffatt, wright, in Leith, knew the pri-
soner. On the 28th of July, he happened to take a walk
out as far as Lochend. and, on returning about eight,
when about fifty yards from his own workshop,which is
situate at the Yardends, Leith, he saw the prisoner
standing alone, who, as soon as he saw witness, came
towards him, and said he had some repairs to make;
witness said he was glad of it ; he asked witness then
to go along with him to his house, to see what they
were; the prisoner conducted through a bplane from
the Yardends, and they proceeded down the lane, to St.
Andrew's-street. The prisoner moved on a little below
him occasionally, and particularly when in sight of
his own house. Witness followed him` up two stairs
to his house. When they got in the prisoner shut
the door, and locked it ; the prisoner then asked the
witness to go into the other room. Witness said all the
business they had to do might be transacted where they
were. He pressed, and said, 66 Mr. Moffatt, do go in ;"
and he went in. Witness observed, on entering the room,
"You have got very tasty now; I see you have a car-
pet, but it is not laid down properly." It was a waxed
oil-cloth, turned the red side uppermost, and the sides
and corners standing up in front of the chairs and bed,
instead of being laid down under them. The prisoner
then invited witness to take a glass of spirits, as he had
been out that morning; witness at first declined, as he
was not used to take spirits in the morning ; but he said
he was going to take some himself ; be did so, and wit.
ness tasted it out of compliment to the prisoner. The
prisoner then said he had bought some property in
Edinburgh, and wanted some partitions to be put up in
it, as it was too large for him to occupy himself; but
that his leg was so painful that he could not go to settle
with the person whom he had bought the property of.
He repeated this so often that witness thought he wished
him to propose to do it for him, and at last offered his
services. They sat down; the prisoner took hold of his
hands, and said, " You have a stronger hand than I."
He seemed rejoiced that the witness had offered hisser-
vices, and said, if he would write out a receipt for the
money he would intrust it to him. Witness, before
writing it out, said he should like to know the amount,
and prisoner said two hundred and twenty pounds, and
gave him twelve twenty-pound notes. Witneas said that
was more than was required. The prisoner replied that
interest was due on the money, which only left a ba-
lance of £l7; and if he (witness) would write, he (pri.
soner) would dictate the receipt to him. Prisoner turned
his back, and appeared to' be looking out of the window,
repeating what he wished witness to write in the receipt.
Witness objected to the terms, and said he could write
a better one himself; the prisoner desired to write
one, and they could then compare the two. Witness
wrote a receipt, which the prisoner said would do very
well, if witness would add, after the amount received 4
the words " from Mr. Thomas Hay, King-street, Leith.
Witness did so. The prisoner then asked witness if he
could read crampt hand-writings4and witness said lie
was not much accustomed to them, but he would try.
The prisoner then fetched a letter from a drawer, and
witness said it war a crampt hand indeed, it would take
him sometime. Theprisoner told him to takalkis time.

Wi
tneisi after looking it over some time, said, 11 %%MY,
you Must have read this °if& before, and are well aca
quainted with its contents, I dare § ty; I must now 09 and
see what the men are doing." Pritnner insisted on witness;
reading it over to him ; witness proceeded with the letters
On taking his eyes off, witness saw prisoner unfolding
something which witness supposed would be the money;
but shortly afterwards witness was surprised to hear a
very strong suction .1 breath very near him, and sur-
prised at hearing it so plain, after having seen the pri-
soner at such a distance ; looked up, and saw prisoner
standing over him, and making a thrust with a knife,
which, in attempting to ward off the blow, witness re-
ceived in his right arm. Witness then collared him,
and called him a murdering scoundrel ; and wrestling
with him, drove him back against the bed, and held
him on the floor, in a trembling state. Witness, in at-
tempting to take the knife from the F.risoner, cut the
leader of one of his right hand fingers, and all the
leaders of his left hand; witness haviugsecured the,knife,
considered whether it would be best to cry out murder,
or to fly to the door; witness did the latter ; and the door
being locked and bolted, witness had some difficulty in
opeaing it ; this he at last effected, then called for assist-
ance, and the prisoner was apprehended. A large bock-
, horn handled carver, stained with blood, was now pro-
duced in Court. Witness identified the same to have been
that which was used upon the occasion ; bad seen no
such knife in the room before the attempt was made
upon his life. When the police arrived at the dcor of
the prisoner's house, it was fastened within side. Wit-
ness said he would be responsible for anything the police
would do ; they then forced an entrance, and appre-
hended the prisoner. Had previously been acquainted
with the prisoner for about three years, and had been in
the habit of repairing his property. Never had had any
quarrel with him ; had not seen him for a fortnight be-
fore this event ; witness, on that morning, saw nothing
different in his manner from what was usual, and had
not the least conception of his being in a state of de-
rangement. Prisoner drank a glass of spirits and water,
but was by no means drunk, either before or after taking
it. Witness identified the surtout coat which he had on
at the time. It bore marks of blood on the sleeve, and
there was the mark of its having been pierced by the
knife. "It was St. Giles'-street, not St. Andrew's-street,
into which the lane from Yard's-end led them, The wax
cloth was turned up in such a manner, that all the blood
spilt would have fallen upon it.
Several witnesses deposed that they knew the prisoner,
who did sot appear to them as an insane person, though
somewhat strange and silly in his manner.
The prisoner's declaration was now read. Among
other things it stated that Mr. Moffat made up to the
prisoner in Giles-street, on the morning in question, and
accompanied him into his house; that the wound was
occasioned by his foot tripping, while he had the knife
in his hand cutting bread and cheese with it ; that in
falling he upset the table, and cut Mr. Moffat's aim.
He (the prisoner) was unable to say where he purchased
the knife, shish appeared new, and never to have been
used for any other purpose; he was unable to account
*for many other circumstances, and refused to answer
several pertinent questions.
Mr. Coombe, surgeon, stated that lie was called to
dress Mr. Moffat's wounds on the morning in question.
Does not conceive it probable that these wounds could
have been inflicted in the manner described by the pri-
soner in his declaration.

The following evidence was then called by the pri
soner's Counsel :

Mr. John Harvey. a solicitor in Leith, examined by
Mr. ROBERTSON.—Had known Mr. Hay for about four'
years. Two years ago he appliclif to him for profes-
sional advice. He said he had some property, and
feared some one was going to take it from him. He
said he wished to talk with witness in private ; witness
took him into a private room, where he opened his story ;
it was very inconsistent ; and witness felt convinced the
prisoner had no property whatever, and that he was
operated on by some delusion. The prisoner was ad-
mitted !into the Corporation of Weavers. A member
c:pressed his surprise at the prisoner being introduced,
observing, that he was only likely to be a burden to
their funds; witness was of the same opinion. Witness
afterwards discovered that he had property, because he
conveyed some from him to a client. Witness thought
him of a sound mind, though he considered him a weak
mar., and that there was a great deal of mental imbe-
cility about him.
Mr. Steadman,-merchant-tailor, Leith, had known the
prisoner for fourteen or fifteen years past. His disposi-
tion was quite simple and innocent. Witness really
thought he was not in the full possession of his intel-
lects, and considered him of so silly a nature as to af-
ford game for his people, rather than anything el,e.
From his infancy upwards he might sometimes have
been called " Daft Hay."
The Loan ADVOCATE then addressed the Jury on the part of the
Crown, and contended that the evidence proved this to have been
a premeditated attempt at murder.
Mr. P. Roscarsog addressed the Jury for the prisoner, and ably
contended for his insanity.
The LORD JUSTICE CLERIC summed up the evidence,
An d the Jury, after about a minute's deliberation, without re-
tiring, returned a verdict by the mouth of their Chancellor, J. W.
Brougham, Esq. unanimously finding the prisoner Guilty of the
crimes libelled. _ .

The LORD JUSTICE ark: pronounced the sentence of the Court,
that on Wednesday, the 18th instant, the prisoner be puhlicly whip-
ped nn his naked hack, through the streets of Leith, which he had
disgraced by his crimes ; and that he be afterwards trausp..rted be-
yond the seas for fourteen years from this date.
The prisoner, after the admonition of the Loan Justice Cr.mix, at
an early part of the proceedings, continued in a real or counterfeit
stupor, seldom exhibiting any signs of animation, except when he
bad recourse to his snuff-box. His appearance was pale and sickly,
and he walked lamely out of Court.

QUEENSBERRY LEGATrE= understand that the
Queensberry Appeals are specially appointed to come on in the
House of Lords on Monday next, and it is stated that the Loan
CUANCELLOIL has been pleased to say, that he will sit, de die in tent,
until they are finished.
DEATH OF AI AUSHA L WREDE.—A letter from Stock-
holm, dated January 20, states, that Field-Marshal Waaox had
died at the age of 63, after a long and painful illness.
Letters from Oporto of the 20th of January mention
a very unjust proceeding by the Camara of that place
towards the merchants. By the existing law respecting
the importation of corn, foreign wheat was admitted, if
the price of the Alquive was 1,000 reas; and the ace-
rages are taken weekly. The return of the 10th of Ja-
nuary was below, but that of the lith above, the pre-
scribed price; the Camara, however, of their own au-
thority, annulled the latter average, and the merchants,
consequently, who had large carg'oes waiting at Vigo,
could not being them to Odorto.
Sitocxxso Aceroxim—About five 'o'clock !his morning, three
thieves broke into au oil-shop in Iloundsditch. An alarm was giveu
by the cry of " Fire! Thieves !" The servant girl, who slept on the
third story, on hearing the cry of " Fire !" instamly jumped out of
the window, and on assistance coming to her, alit was found dead ;
the body was carried to the workhouse. A young man in the house
fired et one of the thieves, who unfortunately escaped, alter haii
his bat shot through, which is now iu the patina man's possessian.-

AU. PAL INT RL. LiCENC4.
Thri Jane, Cdtinta, weir *reeked in Tattle iElayi Cape of Gooti
Hope, during a gale on the 102 d November.
The Braibford, Briano, from Bombay, had arrived at the Cape
of Good Holie, leaky, and it was soppoied Would be Obliged tti dig-
charge part of her cargo.

The Manta*, lately arrived at Portsmouth, reached Glbiaitar on
the 19th Janudry, and Sailed again the 25th. The NALAH frigate,
Honourable Captain *recta, having completed her provision)*
Gibraltar, sailed thence on the 19th January, with secret ordeni, is
did also the CAMELEON, 10-gun sloop, Captain J. R. BURTON. The
Mama was released from quarantine on Thursday.
The Vurronv, 100 guns, was commissioned at Portsmouth on
Nionday, by Captain CHARLeS Nous, and is ordered to be fitted as
a guardship, for the flag.of Admiral Sir G Wittig MARTIN, who will
succeed to the command at this port about the 25th of Manch—
Lieutenants J. Nl' DONAL% S. KENTISH, F. Aretzar, G. S. Duo,
W. Hats, J. T. T. Dixos, and U. Lawai+, and Mr.JoHwlticHaans,
Purser, are appointed to her.
Captain Sir W. Wisratax, Bart. Lieutenants W. B. APCLiteroce,
and M. T. Baowstuoc, and Mr. H. 11. H. Lose, Purser, are ap-
pointed to the SAMAIIANO, 38 guns, ordered to be commissioned at
Portsmouth for a foreign station; Lieutenant E. Hasorirtb is ap-
pointed to the BLANCHE; Lieutenant P. I. BLAKE, to the Twerp;
the liev. S. W. Roarass, late of the SSIIIKOAPATAM, to be Chaplain
of the PHAKTHR; and :Vt.. J.Wl:llr, to be Purser of the JAspisit.
The Mow, 26 guns, Captain. H. &rya ter, sailed front Ports-
mouth on Monday for Bermuda and Halifax. On Tuesday, the
STaninro cutter, Lieutenant C. F. Teases., on a eruize. On Wed-
nesday, the RANGER, Captain FISHER; and on Thursday, the JASPER,
Captain A. D. Y. Atsummarr, to the Westward, to eruize against
smugglers.
The SCPISCAPATAM, 46-gun ship, was paid off' at Portsmouth on
Thursday, by C..ptain S. WARREN, and laid i.p in ordinary.
The Lamm, tender to the QUEEN Cnattarrtr, sailed front Ports-
mouth on Friday, for nyinnuth, with nuluey for the Pay Office.
FALMOUTH, FEBRUARY s.—Wind S.W. Arrived the Princess
Elizabeth packet, from the Mediterranean—sailed from Corfu the
.24th December, Malta, 30:11, Gibralt...r, 25th January, and ft oat
Cadiz, 26th January.
PLYMOUTH, FEBRUARY s.—Wind W.—Arrived the Maria, GREEN-
SLADE; and Antelope, Fanner, front London; and Phyleria, lliu.,
from Newcastle for Cadiz.
PORTSMOUTH, FEBRUARY 6.—Wind S.W.— Sailed Lis :t.Ljesty's
ship CALLIOPE, on a eruize.
Ships at Spithead PHArrotX and Carmors. In then-liar
QUEEN CHARLOTTE, VICTORY, ALSTON. JCPITF:R, TwEED, SPARROW-
HAWK, PANIX)RA, GRAtsHoPritil, ARACHNE, CYGNET, and PLOVER.
DEAL, FEL 6.—Wind N.W.—The West india packet, fil yea°, fot
Jamaica, came out of Ramsgate harbour this morning and has sailed,
with the:Henry Davison, Salacia, London packet, and several others.
Came down from the River, the Weilington, ALLEN, fur Jamaica;
Segar, HOARE, for Berbice; and Nicolas, CARLISLE, fur St.Thomas's.
Arrived and remain, the Highlander, from the Westward; and
Lady Combermere, front ditto; Cape packet,—, front the Mau-
ritius; anti ilehry Wellesley, LUKE, from he South Seas. The
Alfred, Dominica, Clarkson, Pyrennees, Topaze, and Segar, remain.
LIVERPOOL, FEBRUARY 5. —Wind S.W. —At rived the General
Brown, SHARP, from Charleston—sailed 15th January; Manning,
SHORT, front Catania; I'etrell, CARES, front P..roina ; Lady Dou-
glas, McKvaszis, front St. John's, New Brunswick; Stanley, —,
front Malta; and Cleaner, KERR, from Oporto.
COWES, Fens ttAR.Y G.—Wind S. W.—Arrived the Rhoda, Buasar,
from Buenos Ayres in eighty•five days, for orders.
CUSTOM-HOUSE, FEBRUARY 6.

Slurs Exraarn rawAttos—The Vigilante, Junge (knit, Wilhet.
mina, Elizabeth, and Flora, from Rotterdam ; Troii Antis, and
Hoop, front Antwerp ; Robert, and Triton, from Oitend ; I larriet,
from St. ; Caledonia, from Aquilas; Betsey, from To-
bago; and Orpheus, from Smyrna.
ENTERED OUTWARDS—The Vine, for Caen ; Union, and spring,
for .12sineur ; Esper.ince, for Antwerp ; Oporto packet, for Per-
nambuco; Rambler, for Teneriffe ; Belina, for Demerara; and
Elizabeth, for Dublin.
CI.EA Outwaans—TheCaroline, for Batavia ; Dart, for Sierra
Leone; Sir Joseph Banks, for Jamaica ; George, for Havanna;
Hope, fur Barbadoes ; and Reward, for St. Vincent's.

UNIVERSITY and CLLR; CAL INTELLIGENCE.

CAMBRIDGE, FEBRUARY 6.

The late Dr. Smith's Annual Prizes of £'2s each, to the two
best proficients in Mathematics and Natural Philosophy among the
commencing Bachelors of Arts, were on Friday last adjudged to
Mr. John Cowling, of St. John's College, and Mr. James Bow-
stead, of Corpus Christi College, the first and second Wranglers.
At the Congregation on Wednesday L. t, John atitskell, Esq.
of Sidney College, was admittrd Liachei,.: of Arts.
PRIZRS.—The subjects for the present year are. for
the Senior Bachelors--" An tecentium ingenii vim insitam veterum
Poetarum ezemplarla prnmovent ?"—Middle Bachelors." Quznarn
potissimum calls= Tragicx Catncenz aped Latinos offecerint ? '
PORSON PRME.—The passage fixed upon for the present year is—
Shakspeare's Merchant of Venice, Act IV. Scene I. beginning
with—Portia: " (If a strange nature is the suit you follow." And
ending with—Shylock " The penalty and forfeit of my bond."—
, The metre to be Tragicum lambieum Trirnetrum Acatalecticum.

OXFORD, FEBRUARY 7.
Saturday, January vl, the following Degrees were conferred:
'MASTERS Or ARTS.—Edward Everett, Balliol College; Rev.
Robert Litler, Brasennose College.
BAcusa.mts or ARTS.—Alezatider Goode, Pembroke College;
St. Vincent Keene Hawkins Whitshed, Esq. Christ Cl.urch ; Tho-
mas Henderson, Student of Christ Church ; Augustus Short, Stu-
dent of Christ Church ; George Augustus Legge, Student of Christ
Church ' • Granville John Penn, Christ Church ; Hon. John George
Charles Fox Strangways, Christ Church; Robert Wickhatn Christ
Church ; Scrope blihter Culquitt, Brasennose College; ildward
Duncombe, Brasennose College.
. .

Friday bennight, being the Anniversary of the Martyrdom of King
Charles the First, the Latin Speech was delivered in the Senate
House by the Rev. Littleton Charles Powys, M.A. of Corpus
Christi College.

ECCLESIASTICAL. PROMOTIONS.
The Rev. William Burrough Cosens, of Wensley, has been pre-
sented to the Rectory of Munkton-Farley, Wilts, by the Bishop
of Salisbury.
Tuesday last, the Rev. A. Grayson, M. A. having being previously
presented by the Provost and Fellows of Queen's College, was ad-
nutted Principal of St. Edmund Ilan, with the usual ceremonies,
by the Rev. Dr. Hall, Vice-Chancellor.
The Rev. A. P. Kelly, M.A. of Caius College, Cambridge, is
presented by the Bishop of Chichester to the Living of Litt!champion.
Monday se'nnight, the Rev. Hugh Ralph, M.A. of London, was
elected Minister of the Scotch Church, Oldham-street, Liverpool
The 15eh ult. the first Associate Congregation of Sunderland
gave a most harmonious call to Mr. Alex. Shaw, preacher.
Rev. Charles Bradley, of High Wycombe, is presented to the
Rectoty of Glassbury, in Brecunshire, by the Bishop of Gloucester.
The Rev. Thurgar, of Nurv:ich, is elected Curate of High
Wycombe.
Rev. It. Lumley, to the Vicarage of Sheriff Ilutton, Yorkshire.
Rev. G...orge Norris was at the last Wells Sessions appointed
Chaplain to the Wilton House of Correction.
Rev. C. R. Hutchinson, to the United Vicarages of Ileddington-
' cum- Firle, Sussex, vacant by the death of the Archdeacon of Lewd.
Wednesday, the Rev. John Whitford, Clerk, was imtituted to the
Rectory of Stratford Saint Andrew, iu Suffolk, on the presentation
of the King.
The Rev. John Kinaban, A.M. to be Rector of Kuockbreda,
vacant by the death of the Rev. fslervyn Pratt.

Dutch Papers to the sth instant have arrived. They
bring intelligence from &. Peteriburgh to the middle of
January, at which time nothing'but fetes and masque-
Tildes were going on. The teruperattne of the weather
was extremely mild, and what would be deemed a
blessing in other countries was considered a great incon-
venience as the want of frost interrupted the communib
cations with the internal parts of the Empire, or ren-
dered them very precarious.
Bogota Gazettes to a late date contain an intercepted
dispatch from Morales, the Royalist Chief, in which be
states positively that Spain, with her means alone, can
irever recover the Colonies; and from the projects of
laws to be submitted to the Colombian Congress in
1824, it is evident that the conduct of the Independents
will be s'rch as to ensure their own felicity, and the
respect iif Europe.
To facilitate the commercial intercourse between
Russia and Poland, a general Agent
.has been ap-
pointed, who is to reside at Warsaw, and Is Immediately
under the Minister of Finance. This post is conferred
en Major-General Lange, hitherto Director of the Cus-
-Itoms fo: Poland and Russia.

LAW INTi

LL,

FENCE.

WESTERN CIRCUIT.
Before Sir isms, Bussouon and Sir .fous ItscstAsosos, Knts.
Soorsaurrox--Monday, March 8, at the Castle at Winchester.
Wu.rs—Saturday, March 13, at New Sarum.
Dosser—Wednesday, March 17, at Dorchester.
Derox—Monday, March 22, at the Castle of Exeter.
CITY AND COVNTT or Eines—Ditto at the Guildhall of ditto.
Cosanvacc— Monday, March 29, at Launceston.
Soassissirr—Saturday, April 3, at the Castle of Taunton.
VICE-CHANCELLOR'S COURT, FEBRUARY 6.
DOROLIT V. ROTHSCHILD.

The VICE-CHANCELLOR gave judgment in this case.
The plaintiff had purchased a certain quantity of scrip
of the Neapolitan Loan from the defendant, and gave a
deposit of ten per. cent. He afterwards filed a bill to do'
away the contract ; and 'to this the defendant put in a
demurrer, on the ground that as a Court of Common!
Law could not grant the relief he sought for, he had no
right to apply to a Court of Equity. His Honour ob-
served, that whatever loss the plaintiff had sustained,
the Court could grant him no relief. The deposit of
ten per cent. was given for a valuable consideration,
which consideration was the option of paying up £9O
per cent. on a certain day in February, 1823: he had not
done so, and as a Court of Common Law would give
him no relief, a Court of Equity could not.—The peti-
tion was dismissed.

s.