Star.
London, England, 1802-03-09 00:00:00

BDINBI'RGII.

MOH COURT OF JUSIICLIRY, MARCH,.

On Monthly the High Court of initiciary, at
Edinburgh, proceeded to the trial of George Lind-
Egy, lhn mal—r ne,-nfed .n the inftance of Ms Ma.
- _ -

Ads•oc.ue, of die rnurd^r of John Allan,

private foldier in the 23d' ieginsent of light dra-
goons, by nabbing him with a knife, in a honfe at
Ponion-ureet. on the evening of the soth day of
January lall, in t onfequence of which he languifh-
cd until the sgth, when he died.
The libel being read over, the prifoner pled not
gulty.
to Court pronounced an interloc utiif, find.
ing the indiement relevant, and Allowing the
prifoner a proof of all fans and ercumnAnces
tending to exculpate, or to alleviate his guilt.
The Jury being (worn in, the Court proceeded
to the examination of witnefes.

Elisabeth Allan;fifier to the deceafed, raid.—
Her brother John was a privAte in the sad light
dragoons. He came to Edinburgh about the end
of December lift, having had leave of ablence till
ye ft erd a y four weeks ago, when his furlough was out,
but he was buried on that day. Oa the evening
when he received the wound he came home about

eight o'clock. He had been out calling on Come
perton front whom he was to carry letters to an ac-
quaintance. She had wearied (or his coining home
as they were to have a boy with him before he went
-away. When looking out of the window (he taw
him coming on the road, and at fame time Caw
-George Lindlay the prifoner, coming out of a
neighbouring houfe, and crating the erect teem-
ingly the work of liquor. Lindfay went fire into
the entry which led to her father's bottle. Her
brother fhortly after .came forward, and before
fiepping into the entry he laid, Who's there
Lindfay anfwered—Nobody. Her brother replied,
Who is no body ? and immediately (he taw her
brothel's helmet fill out of the entry; upon this
The came down, and obferved her brother lying and
Lindfay above him, but her brother (non got up-
permoft, and was about to ftrike Lindfay, when
(he (aid don't strike him for he is a neighbour, and
is the work of liquor. Her father and mother
then came down &sirs, along with one William
Aberdeen, and took away her brother. They then
went to the bottle a: d (he bolted the door, as (be
tapefted Lindfay might come in, knowing that he
was very troublefome when in liquor. About five
minutes after this he did come, and mocking at
the door, called out that he would !kick him, mean-
ing her brother. Upon this her brother attempted
to open the door to put Lindfay down ftairs, but
her father and mother and the endeavoured to

prevent bun, as the was afraid of Lindfiry being
hurt, and had no fear of her brother, for be was a
much ftronger man i the door, however, was open-
ed. but whether by her brother, or Lindfay who
was on the oatfide, Ilse cannot fay. William Aber-
deen then went oat, and her brother was alto at
the door, when the faw Lindfay bike and wound
him twice, one at the bottom of the belly, and the
other farther up the fide. He immediately (prang
in from the door to the fire fide and Paid he was

wounded, and the obferved the blood flowing
through his hand which he was holding on the
wound. Her brother was then led to abed, and
furgeons fent for who attended him, but he died
aline days after. Two boars before he died, when
The (the witnefs) was fupporting his head in the
bed, he told her that the way the affair happened,
was when he came to the mouth of the entry he
called, Who's there ? upon which Lindfay Paid,
No body. He replied, Who is no body ? Upon
this Lindfay knocked off his helmet, and when he
was (looping down for it., Lindfay gave him a
puth, and he fell on his knees, but that he did not
get him (truck as he intended, as the came and
prevented him. On the night the accident hap.
pened, her brnthtr did not appear to be in liquor,
but he was in a paffion at Lindfay for having pulls-
ed him down and dirtying the lmeesof his breeches.
Here the breeches were (hewn, the knees were dirty
and the upper parts were befmeared with blood.
John Allan, father of the deceafed, lid—pis
(on was here upon leave of abfence from the regi-
ment in January 1.111, and upon a Thurfday morn.
ing he was to go away. He was about twesty-fx
years of age. and had been nearly eight_ years in
the army. He came home on Wednefday night
at eight o'clock. The witnefs's wife and dam!'
ter were in the hnufe that night. His ciatig'itr
had been looking out at the window for her bro.
ther, and the went down the flair and then called
for him (the witnefs) and Paid Gtop Lindfay
had knocked her brother down. Vn the wit.
nets went down he law nobody but his wife. fon
and daughter, coming up &sirs, and his fon was
complaining of his breeches being dirty by a fall.
When they came into the houfe his fon told him the
affair had happened by the man who was in the
entry, who, when he was alked who's there ? an-
fwemd no body, and then knocked him down on
his knees, by which his breeches were dirtied.—
Soon after this there was a loud knocking at the
door, upon which his fon rote to put Linda, down
!lairs, but he the witnefs held him, and his mother
and filler both went to the door to keep him in.
How it was the witnefs does not know, but fo it
was, that the door was opened, and his fon went a
Erik way out,.but immediately returned and fell
back in his (the withers's) arms, Paying—Father
I ant !tabbed to the heart, that fellow has a knife.
He then brought his fon into the houfe, hut when
doing fo tome perfon continued knocking him (the
witnefs) on the head. It was not with a Rick,
but a man's fill. He then helped his fon to a bed,
and the blood was coining through between his
fingers, when he held his -hand on the wound.—
William Aberdeen was prefent during the affair,
but the witnefs is Pure he would not Iltike him or
m any harm. His fon was (tabbed under the
,reatt, and alto in the groin. He only, how.
complained of the latter wound. He got fe.
furyonns, and though he had been the Prince
'ales he could not have been better attended.
was-Mr. Bell and Dr. Farquharfon, and fe-
others. He lived sine days after he was
ticicd. but never came outofhis bed.

Wm. Aberdeen faid, he lived in the fame flair
with John Allan. On the night before his fun v..ac I
to go away, about nine o'clock, he, the witnefs,'
heard fome noife in the pafrage, and going down,
heard the daughter fay, Don't ftrike George Lind-
lay, for be is a neihbour, and the worfe of liquor.
She then took up John's helmet, and t; 'me letters
which were lying on the ground. They came up
Lairs, and young John Allan was somewhat in
anger, but they got him pacified, and he fat down
in a chair. Soon after this, Lindfay opened the
door, and came into the houfe, forward to young
John Allan, and laid, " Damn you, why did you
knock me down in the doh ?" Upon this he, the
witnefs, lett Allan, and taking Lindfay by the
breath pulled him out of the houfe along with
him, and (tut the door. The witnefs endeavoured
to perfuade him to go home, big he refilled, and
holding up a knife, faid, " No ; I'll run him
through, before I go home."—This fo alarmed the
witnefs, that he left him, and went to his own
houfe. Lindfay continued knocking at the door,
and, after a thort time, the door was opened, and
young John Allan came out, and (truck at Lind.
fay two or three times, and Lindfay (truck twice
at him, with the knife in his hand, and, when
aiming a third ftroke, the witnefs drew him back,
and wrefted the knife from his hand, and (aid—
", Would you murder the man?" Allan was taken
away by his mother and lifter into their houfe,
and the witnefs went into his own houfe, and (hut
the door. Soon after this, Allan's filler came
crying to the witnefs, for Goo's fake run for a
dodos., for John is (ticked (Robbed.) Here the
knife was [hewn to the 'Ames, who identified it.
It was a thoemaker's (harp pointed knife.
Crofs-exarnined.—He Paid Lindfay was kicking
at the door when Allan came out and (ruck him
once or twice, upon which Lindfay lteppa back.
and Allan followed him, and then Lindfay (truck
him with the knife.

Dr. Farquharfon Paid, he was called to attend
a man named Allan in January laft. He was
there before eleven at night, and found Allan
lying on his left fide, holding his band upon a
wound he had got in the fame fide, near the groin.
Upon turning him about to examine it, he law a
great quantity of blood, and part of the gut had
come ont. He fent immediately for fome affift-
ance, and Mr. Bell came. Part of the gut was
cut, and the parts were very much inflamed, fo
that it was necelthry to enlarge the exterior
wound, to complete the dreffing. Every care was
taken of him, but he died; and he has no doubt
his death was occafioned by the wound in his
groin.
Mr. Bell, firgeon, Paid, he was in January laft
called to attend a peribn, named Allan. He had
received a wound near the groin, of about an inch
and a quarter long, which had alto cut part of
the inteftines, fome of which had protruded the
!kin. He had alto received a wound nearly op-
pofite the heart, but it had not penetrated into
the cavity of the cheft. Every attention was paid
to him, but he died upon the ninth day after.—
His family alto paid him every attention. His
death was certainly occafioned by the wound in
his groin.
Ann Dewar &id, the lives near John Allan's
honk, and went up the flair at the time the dif-
turbance took place, when the taw George Lind-
fay, and Paid, N George Lindfay, are you hurt?"
He Paid, " No, I am not hurt, but, by GOD, I
have done for him."—She laid hold of him, took
him down to his wife, and bade her take care and
fee that he was not hurt. When the went up
and found Lindfay, he was alone, and all the
doors were flint.

David Stokes Paid, he affilled in apprehending
Lindfay, and was in a honk with him before going
to about ten o'clock , and when fpeaking of
John Allan, he Paid, " He was forry he did not
kill him on the fpot."—Lindfay did not appear
to be the worfe of liquor,but the witnefs had never
known him before. He had blood on his eye.
brow, but the witnefs does not know whether it
was from a wound he had received or not.

Kennedy, Sheriff's officer, faid, when
the prifoner emitted his declaration before the the-
riff, he was perfealy fober, and did it freely and
voluntarily. Here the witnefs identified the de-
claration, and the knife, which was given him by
William Aberdeen's wife, as being the one with
which the prifoner had (truck Allan. He law no
appearance of a wound upon his face when he was
examined.

Mr. Sheriff Clerk identified the declaration, and
'declared the prifoner was fober, and emitted it
freely and voluntarily. When he was examined
the day after the affray happened, he appeared to
have a little dump upon his face, near the eye.—
He, the witnefs, did not examine Allan, being ap.
prehenfive, that if he had done to, it might have
been injurious to him, when his life was in fuch
danger from the wound he had received.
Here the examination of witnefes closted on the
part of the Crown, and the whole of the profe.
cutor's proof was &gibed by the reading of the
prifoner's declaratioo, taken before the (herd& the
day after he was apprehended. In it be fays, that
Allan came into the entry, and knocked him down,
and after that hiwent home, and got the knife,
in order to defend, himfelf againfl Allan.

Ile 0 I. P A TOR rpa 00T .

Mrs. Humble•faid, the has known the prifoner
many years, and he appeared to be a peaceable
man. On the aoth January he came into her
houfe, about fix o'clock at night, and drank,
along with other two, five bottles of &oar ale,
till about tight o'clock.
Q Was he drunk when he went away ?
A. He was drunk when he came in, and worfe
when he went out.

Other two witnelfes were called to the prifoner's
charafter, and the amount of their teftimony was,
that he was a peaceable man.
The LORD ADVOCATE charged the Jury for the
Crown in a ihort, candid, and humane fpeech, as
did Mr. J tau:NE for the prifoner, and difplayed
much ingenuity in his behalf.
Loan Jcs-rica Cute fummed up the whole in
an accurate manner, and a little after four o'clock
the Jury were inclofed, and appointed to return
their rerdid neat day at two o'clock.