Star.
London, England, 1811-01-10 00:00:00

•
which he pulled out a dolLtr, which he was ringing
on the table, when a man, who, with three others
was in conipany of the prisoner, knocked it out of his
hand, and put out the candle. When the candle was
re-lighted he endeavonieci to regain his property, but
without effect. tie, however, made sn much noise
about ,his loss, that the landlord came and turned out
I the whole party. The prisoner and his companions
followed the prosecutor about 100 yards from the
&vv, and folir of them forcibly held him Ag.,inst a
1 dead wall, while the prisoner rifled his pockets of the
property laid in the indictment I they then knocked
'him down and ran away. .
The landlord of the house, however, deposed, that
1 the prqsecutor was tipny —which he himselt in .a great
degreedmitted—and it not appearing that be had
any opportunity of clearly identifying me prisoner,
the Jury returned a verdict of—Acquittal.

HIGH COURT OF JUS7ICIART.

[The fallowing is a Rill account of an important trial, which want
of room has hitherto prevented us from giving at full length
1_ sooner.)

EDINBURGH, JANUARY a.

Yesterday came on the trial of Alexander Cahill,
surgeon of the 2d Fattalion of the '2sth regiment of I
foot, accused of the murder of Captain Hugh Blair
Rutherford, belonging to the same regiment.
It appeared from the evidence, that, according to '
the regulations of the mess of the 15th regiment, no 1
officer was permitted to carry the newspaper out of
the mess-room, and that Mr. Cahill, who had been
sick for some time, had acted contrary to this regu-
lation ; that this was made the subject of a motion,
on the 29th August, after Mr. Cahill's recovery, by
Ensign Burke, who proposed that the Doctor should
be finial half a dozen of wine for so doing. ThisA
motion was carried only by the casting vote of th*l
president of the mess, and Mr. Cahill objected to pay
the fine until there should be a full meeting of the
officers, as he th:n) ght it was exacted more through a
private pique, than from any wish to promote the
good of the mess. Ensig• Burke, who made the
motion, then asked Mr. Cahill if he thought he had
been influenced by private pique, who said he did
nut ; but on Captain Rutherford calling out to him
to name the person he referred to, Mr. Cahill replied,
" that he would not say any thing behind a,man's
back which he would not say to his face, and that he
was the person allUded to." The conversation which
ensued was very warm on the part of Captaip Ru-
therford, and was not put an end to but by the re-
' peated inte-ference of the Major, when Captain Ru-
therford and Ensign Burke left the room, and in a
short time after Ensign But kc returned to the mess-
room, where Mr. Cahill still was, with a message
from the Captain, requesting that Gentleman either
to make an apology for what he had said, or give him
(Capt. R. ) a meeting. Mr. Cahill declinedapologizing,
but said he had no pistols; that, however, the Captain
said should be no excuse, as he should have one of his.

The parties met accordingly, and the distance mea-
sured by the seconds, was 14 yards, which, Captain
Rutherford objected to, observing, ten would have
been better. After they had taken their ground they
• fired once by signal, without effect; and unmediately
• after Captain R.'s second proposed to Mr. C. to apo-
• logize, which he declined, but added, he would quit
his ground, and shake hands with the Captain—this
was rejected. On preparing to load a second time,
it was found the ramrods were missing, which gave.
the seconds another opportunity of interfering, but
still without effect. Captain Rutherford called out,
a twig from a bush might supply the place of the
ramrods, and this expedient was adopted. The se-
cond shot took effect in Captain Rutherford's groin,
who, after he was wounded, on the seconds again ex-
pressing a wish to adjust the quarrel, called out,
4, load the pistols,.load the pistols," which being told
Mr. Cahill, he said he would receive the Captain's
fire, hut not return it. By this time Captain Ruther-
ford had fallen into the arms of his second, and on
Mr. Cahill and his second going up, he was laid on
his back, and the wound examined by Mr. Cahill,
who fotind he could render him no assistance. Aid
having been procured, Captain nutlierlord was car-
rit_.l to the barracks, where he shorrly after expired.
Mr. Cahill made his excape, but afterwards volun-
tarily surrendt.red himself to stand trial. A.:umber
'of witneses, exam'ned in exculpation, gave Mr.
Cahill a most excellent character, and represented
him as a qu'et and inoffensive man.
After an address on the part of the Crown by J. H.
‘MiscxcNzia, Ls,.; for the prisoner by WILLIAM
ERSKINE', Esq. and a few w ,rjs from the Lord Justice
Clerk, the Jury wcrc enclosed, and returned a ver-
dict of—Not Guilty, with the exception of two dis-
sentient•voices. Mr. Cahill was assoilzieci simplititor;
And dismissed from the bar accordingly.