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

gitia. flit 46actir expense his .461(46100Di/in tisat ii
& would Moo done nothing else but call him out. He also
de ail Immo to me io lb* air f and oa getting iiin of
the
oetio,
he NM, " No*, OT It tlitnen, observe, thatli my
Amid • to fire In the air.
Mr: Drouri. W.& eitandriti&—i-Was
eta
mwsloth St Alex-
ander. The but time he ea* kith iris house, an hour
before he died. Me was thin ititoliedfil. • had OM a
great deal Of the deemed's liabdtwritint, end said thee tbarind.
Per
shown him Siltinist a signature Was Si Aleakbere
writing, bet that to the best of his konsiledge this out,
6. Whit &Ml"want in Sir Aletander's hand.writhig. 'h.,
F, however, In the direction. was a little like Sir Alexander's
hand-letiting.
tats" is Obi ili
Crosisetainlited by Mr. CoCaname.-.4 tenet signed'' Igno-
the hand-wridni of Sir Alexander. On comparing
the address of the Whig Song, with that on the letter of " ligno
"MO" Vitae.* said he should call the latter Sir Aleiander's
writings and the former not.
Mr. Welker, tutor to Sir James Boswell, is well acquiinted
with Sir Alexander's handwriting : the letter from him is his
hand-writing; the Whig Song was extremely unlike Sir Alexia.'
der's writing ; the address of the above song he thought was Mks
Sir Alexander's writing.
Cross-examined by Mr. Meaaar.—The letter of" Timms"
was the deceased's hand-writing. Being again shown the Whig
Song, witness said the writing on the directions of both was very
much alike; the only difference he observed, was in the word
Sestina Being spin *hewn the writing in the song, and asked
if he could swear it was not that of Sir Alexander Boswell? he
replied, be bid sworn so.
W. H. Liters, engraver, thews the letter signed A. Boswell
and the Whig Songl.said that when he first saw them he thought
the writing was different in each; but when he saw them on Sa-
turday he test inclined to alter his opinion; going into particu-
lars, said there was 4 striking similarity between the B in Bos-
well and the Bin bill ; the letter Sin &Wind was also very like
the S in the Scorch word see, in the song.
Cross-examined by Mr. hlowcararr.—Being shewn one of the
papers which he had seen at the Justiciary Office on Saturday,
and comparing it with the Whig Song, he gave his opinion that
the handwriting was the same in both.
• Mr. Wm. Spahtieg, writer, recollected, in the month of March
last, going with Mr. Stuart to Glasgow. Mr. Henderson, wri-
ter in Hamilton, accompanied them. Mr. Henderson called on
Mr. Stuart to suspend an action of damages against Mr. Borth-
wick. Mr. Stuart replied, that would depend entirely on what
communications Mr. Borthwick should make; if Mr. Borth-
wick would inform him of the names of any of the persons who
wrote the articles respecting him in the Sentinel, he would after-
wards consider whether he would suspend his action or not.
Then, on Saturday, Mr. Stuart came to witness to urge him
to present a bill of suspension. Mr. Stuart assigned no partial.
lar reason for this request, except to liberate Mr. Borthwick.
When at Glasgow they had an interview with Mr. Borthwick,
in the jail, on the Sunday evening, and it was there agreed that
Mr. Borthwick should go and procure certain manuscripts from
the Sentinel Office,with a view of raising actions of relief against
certain Gentlemen of the County of Lanark. Mr. Stuart was
present only a part of the time during this interview. Cannot
tell whether he was present when the proposal for taking the
manuscript from the Sentinel Office was made. Mr. Henderson
was present. The nest morning Mr. Borthwick went to the
Office, and sent certain Manuscripts by a man named Robinson
to the Tontine Inn, where they were examined. Mr. Borthwick
did not arrive until after the manuscripts had been examined.
—Mr. Henderson knew Sir Alexander's handwriting, and all
the papers written by him were laid apart from the rest. The
MSS. now shewn witness were those which were selected from
the others.
In his

.ratided I

he add, he did not recolleit Mr.

Stuart having selected such MSS. from Mt. Bortkwick. The
fifty pounds by which Mr. Bortbwlck was liberated, was paid l
by Mr. Henderson; nv part of it came, either directly or in-
directly, frum Mr. Stuart.
This closed the case for the prosecution. The fol-
lowing witnesses were then called for the defence :
Mr. Henderson, writer in Hamilton, and agent to Mr. Borth-
wick, deposed to the journey to Glasgow and the liberation of
Borthwick, as detailed by the preceding witness. Borthwick
had often exprtoseci a wish to be introduced to Mr. Stuart, and
to give up the author of the papers in the Sentinel, if he were
freed from the action of damages. When the papers were exa-
mined, the hand-writing of Sir A. Boswell was not discovered
until all the hand.writinp had been assorted in different parcels.
Borthwick said it was the hand-writing of one Sir A. Oswald,
hut that there was a letter from the gentleman himself among
the papers. This letter was found, and Mr. Stuart expressed
much surprise and astonishment at the discovery ; he said he
never could, have suspected Sir A. Boswell of attempting to in-
jure him.
James Gibson, of Joglisten, Esq. was informed of the whole
transaction respecting Borthwick's imprisonment, and told Mr.
Stuart that he (witness) would pay the debt for which Borth-
wick was imprisoned, rather than be disappointed of the papers;
and be was apprehensive, from what he had heard of the charac-
ter of Alexander, that he would not scruple taking any measures
to get possession of and destroy them. He recommended to
Mr. Stuart not to lose a moment in obtaining the papers, lest
Alexander should destroy dim. Saw Mr. Stuart on the day
of the duel, about two o'clock. .When coming to his office, saw
Mr. Stuart coming out of it, who instantly, on seeing Mr. Gib-
son, turned short and ran up the stairs. Witness followed him,
andsaid, " Good Gnu! what has happened r Mr. Stuart was in
the greatest agony of grief; and, as soon as he could speak, said
that he was afraid Sir Alexander was mortally wounded. He said,
on arriving on the ground, he put his hand to his hat as a mark
of civility to Sir Alexander, who turned away his head. Mr.
Stuart said he had not taken aim, and that he added, " I wish
to Goa I had done so, as I am certain I should in that case have
missed him. I never fired a pistol on foot in my life." Witness
advised Mr. Stuart to leave the country, and when he consented,
he said, " Remember, you must give notice that I am ready to
stand my trial."
Several witnesses were then examined, who spoke of the
amiable character of Mr. Stuart, and of the regret he had ex-
pressed at the unfortunate result of the reacontre in which he
had been engaged.
The Loan Aevecaez then addressed the Jury, and contended
that the crime, not of homicide, but of wilful murder had been
proved against the prisoner. He argued that the law of Scot-
land did not justify the slaying of a fellow-creature, except in
the case ereelf-defence. The killing of a person in a duel, how-
ever fair it might have been fought, constituted the crime of
murder.
Mr. Jeerer,, in reply, said his anxiety as to the result of the
trial bad diminished since entering the Court. He then ex-
plained the Marna between wilful murder and honourkbk
duelling; and though he was far from vindicating the practice
of the latter, yet he contended, that however irrational, and how-
ever immoral, it was so firmly established by the manners of so-
ciety, that any Gentleman might be placed in circumstances in
which he would find a duel inevitable. The Learned Counsel
then quoted the opinions of several moralists on the subject, be-
ginning with the well known passage in the Life of Johnson, de-
scribing a dialogue between Johnson, Goldsmith, piaci Boswell
(the father of the deceased), on the subject of duellingl 'lle then
proceeded to remark, in a strain of animated eloqueince, on the
value of a goad reputation, and the necessity of prdtecting it
against ail insults, and at ail hazards. " Would," he exclaimed,
" any British-Jury in the present day now COMNITUI a Gentle-
man assailed in character to be either a murderer, or, fatal alter-
native, a wretched outcast from society—the cause of blushing
to his friends, a desolate wanderer, and ' without hope in the
world.'"

The Loan Caw Janice Cazax commenced his charge to the
Jury at three o'clock in the morning, and stated the law on the
subject of duelling. He then recapitulated the evidence, ob-
serving that Mr. Stuart evinced no malice towards Sir Alciander,
and entreated the Jary to keep In view Mr. Stuart's conduct in
the field, and his conduct after that fatal event--the contrition
which he expressed for the fatal blow—and the testimonies in
favour of his character ; and he had never heard higher or more
distinct or discriminate praise bestowed upon any one. He
lamented the public groaned under the licentiousness of the
press; he hoped it would cease, as it would receive no counte-
nance from their Lordships.
The Jury, without leaving the box, returned an unanimous
verrict, by their Chancellor, Sir Axe Hors, ending Mt. Stuart
—Nor Gottrr.—The verdict' was received,by a very crowded
Courr, with loud cheers.

Mr: Senate then left the bar, and in retiring was congratu-
lated by a great number of his friends. The trial, which lasted
twenty hours, was not over until nearly five o'clock on Tuesday
morning; and during all the time a great crowd was assembled
round the Court to hear the result, which gave es much 'addic-
tion to those without as within the Court.