Star.
London, England, 1821-05-05 00:00:00

Sweepstakes of 30p. each, 10 ft. for three-yr-olds.
Mr. Hutchinson's b. c. Lord of the Manor
Lord Queensberry's Senator
Mr. Watson's Fortune

1
2
- bolted.

CURRAGH RACES, IRELAND.
TRIMAT, APRIL 27.
Challenge of the Wellington.
Mr. Watt's Obio, 7st. - - - - 1
Mr. Hunter's Thetis, est. 11b. • - - - 2
Hunters' Stakes, 2Sgs. 10 forfeit.
Mr. Battersby's Johnny Ilaw, 6st. - 1
Mr. Caldwell's Noble, Bst. 21b. - - 2
Mr. Watt's St. Lawrance, 7st. 101 b.
__ - - 3

Ws; AI. J. Blake i Dandyzette, ist. 71b. - - 4
handicap Plate of 50p. hints. Peel Course.
Mr. Caldwell's Pirate' 3 yrs old, 6st. I 31b. - I I
Mr. bf..l. Blake's Lumbe, 2 yrs old, Est. 61b. - 0 2
Mr. Hunter's Pope, 6 yrs old, Bst. 41b. - - 0 3
Mr. Prendergast's Dimsdale, Bet. 41b. - 2 4

MURDER OF A PEDLAR BOY.

CIRCUIT COURT OF JUSTICIARY, DUMFRIES.

Monday. Jas. Gordon, alias McDonald or 0' Donald,
accused of murdering John Elliot, at a solitary place
on the farm of Upper Cassock, Parish of Eskdale-
muir, on the 14th of November last, was brought
into Court, and placed at the criminals' bar. This
was an extremely interesting case, and occupied the
attention of the Court from a few minutes past eleven
in the morning till nearly ten o'clock at night. The
prisoner is an Irishman of a very forbidding aspect,
about five feet two inches in height, much marked
with the small-pox, and apparently blind of the left
eye. Like too many of his countrymen, Gordon can
neither read nor write, and according to his own ac-
count he has been hanging loose on the South of
Scotland for the last five or six years, working on
this or the other farm a few weeks or days, when he
could find employment, and begging the rest of his
time, or subsisting by means still more equivocal.
The poor boy whom he was accused of so barba-
rously murdering (a native, we believe, of Hexham,
in England), was rather weak in his intellects, and
being of a slender, delicate frame, gained his liveli-
hood by carrying a small pack or box, containing a
, few trifling articles of hardware and stationery,
through the pastoral parishes on both sides of the
Border. Judging from what was brought out in
evidence, the whole property possessed by Elliot
could not have exceeded the value of a few shillings.
After the partners declarations had been authen-
ticated by the Sheriff-substitute and Procurator Fis-
cal, William Glendinning. a lad of about 15 or 16,
was called. This witness is son of Archibald Glen-
dinning, tenant in Upper Cassock, Parish cf Eskdale-
muir, and while employed on the 2fith of November
last (a Sunday), in looking after his father's sheep,
he discovered, at a lonely place called Steel-bush-
edge, the body of a dead boy who was stretched.on
his back on the grass or bent, with one hand across,
his breast, and the other extended on the ground.
This was in the aftt•rnoon of Sunday, and witness im-
mediately went home and told his family what he
had seen. His father and brother, another youth,
then yoked a cart, and accompanied him to Steel-
bush-edge, where they found the dead body, which
they placed in the cart amidst some straw, and co-
vered with an old plaid, and immediately drove
homewards. By this time it was getting rather dark,
but still they could observe the marks of blood where
the head of the body had lain. Mr. Glendinning
now sent for several of his neighbours, as well as for
Mr. David Graham, surgeon in Burncleugh, and in
presence of these persons and his own family, the
body was examined, when it appeared there was a
cut or contusion on the chin, a cut above the light
eye, and a great many wounds on the back of the
head—wounds which, in,.the opinion of the surgeon,
must have caused the death of Elliot, even if he had
been found immediately after they bad been inflicted.
The three Glendinnings, that is, the father and his
two sons, corroborated each other in every particu-
lar, as to the finding of the body, and they also re-
collected a man and a boy coming to Upper Cassock
a short time before this, and described pretty minutely
the appearance of them both. The boy carried a small
red wooden box, coarsely painted, and slung from his
shoulders by a leather strap ; and the man, a small
harp bag, and two hare- skins. The man wore clogs,
or wooden shoes, the mark of which they observed in
the mud, and which were stlongly bound round with
iron, and also shod on the heels with the same metal,
the one canker being circular, and the other of the
shape of a horse-shoe. When the elder Mr. Glendin-
ning saw the parties they were sitting at his kitchen
fire eating f• some dinner," and his recollection of
their appearance was sufficiently distinct to enable
him to identify both the body of the boy and the per-
son of the panne' at the bar. His two sons and his
daughter Janet also swore to the identity of the pan-
nel, and it was proved that the latter, the moment
she saw the body brought home and stretched on a
board, cried out, " Eh ! that's the lad that gied me
the picter." The body, after being examined, was
interred in Eskdalemuir Church-yard, exactly as it
was found ; and little Janet Glendinning and her two
brothers spoke so distinctly to the clothes worn by
the poor pedlar, that there could exist no doubt as to
his identity. The girl just named is only eleven years
of age, and Mr. WHIGHAM, as junior Counsel for
Gordon, quoted a passage from Hume, where *he
speaks of his never haying seen a witness sworn who
was under twelve years of age. But the LORD Jos.
TICE CLEat mentioned, that an exception to this rule
ihad occurred within his own experience. Janet Glen-

dinning was qflestioned as to her knowledge of the
Bible, Catechism, &c. and on being sworn, gave her
evidence with the greatest distinctness and good sense
—so much so that Lord GlLLtas could not help ex-
pressing his admiration of her steadiness and good
sense. —The same day the body was interred, the
first witness was again on the heights, in company
with a neighbour herd, where he saw a pair of iron-
shod clogs, lying within about 14 yards of the spot
where Elliot's body had been found. Neither he nor
his companion removed the clogs, but having again
told his father what he had seen, the latter, in com-
pany with his wife and Dr. Graham, went to the
place and brought away the dogs, which he recog-
nised as those worn by Elliot.
Information having by this time-been given to the
Sheriff, the body was disinterred, and again examined
by two Surgeons—Mr. Graham, Burnclengh, and
Mr. Little, Langholm. These Gentlemen both gave
their depositions, from which it appeared that they
thought the wounds had been inflicted by an instru-
ment not very sharp, such as the iron hoop of a clog,
and having applied the fore part of one of the clogs
to a semi-circular wound on the back past of the de-
ceased's head, they found it to fit exactly.
Charles Dickson, labourer and grave-digger, Esk-
dalemuir, was present at the disinterment of Elliot's
body, and knew it to be the same he had formerly
seen buried. _ _ _

Elizabeth Elliot, wife to Benjamin Little, dyer,
near Carlisle, was next examined. This witness was
much agitated, and being sister to the deceased, was
placed in a very trying situation. She had a brother
of the name of John Elliot, whom she saw at her
own house in October last, and whom she had not
seen for four years before. She described his clothe.,
clogs, box, and in short everything about him, with
great feeling and minuteness. Her husband put new
paper in his box, and in doing so made a mark which
enabled her to describe the box accurately, before stele
had seen it a second time. Being now shewn the
box, she fully identified it, as well as the dogs, and
a number of little articles, such as leather purses}
pamphlets, watch-keys, trumps, &c. which she had
seen in her brother's possession. Her husband spoke
to much the same effect; and they deposed, that at
Eskdalemuir Church-yard, when their relation's
grave was opened a second time, they both at once
recognised the deceased, whom they knew by his
clothes, and other marks. Mrs. Little stated, that
her brother was about nineteen years of age, although
he looked younger ; was very delicate, and rather
weak in his intellects. While under examination, a
number of minute circumstances transpired, which
proved the strong interest she took in his welfare,
and her evidence, upon the whole, must have made a
strong impression on the minds of the Jury.
Thomas Thirlwell, clogger at Woodhead, county
of Northumberland, and a relation of Elliot's, iden-
tified the clogs and the box, having himself made
the former, and mended the latter.
The identity of the pedlar being completely esta-
blished by the testimony of the Glendinnings, and
the evidence of his sister and her husband, as well as
other individuals, who had seen him living, and also
seen his body disinterred, the next object of the pub-
lic prosecutor was, to connect Gordon with the box
and the trifling articles; of merchandise known to be-
long to the deceased, and also to establish the fact of
his being frequently found in his company a short
time before the murder, both of which points were
clearly established.
One of the Medical Gentlenien gave it as his opi-
nion, that Gordon had held one of the before-men-
tioned ponderous clogs by the heel, and beat the
poor boy on the head with it until he had effected
his horrid purpose. He then, it would appear, drop•
ped the clogs at a short distahce from the body, and
carried off the box, which he kept in his possession
for two or three days, when, after rifling it, be flung
it into a burn on the road leading to Ettrick, where
it was found, on the 16th of November, by a lad of
the name of Thomas Anderon. About five o'clock,
P. M. on Tuesday, Gordon was seen at Overkirk-hope,
about four miles from Upper Cassock, by Adam Scott,
farmer, and Thomas Scott, shepherd, on that farin.
He asked for lodgings, but was refused. A witness
had, however, seen pannel before, and said to him,
" You have now got a box?" To which he answered,
" Ou aye." About an hour after this, the pannel
reached the farm-house of Cossershill, in the Parish
of Ettrick, where he staid all night. David Ander-
son, the tenant, did not see him till after family wor-
ship, n hen he remarked that he had a mark on one
eye'; prisoner appeared confused and agitated, and
this circumstance he mentioned to his wife and mo-
ther on going into the parlour. His mother ob-
serving that Gordon did not join in the Psalm, said
something about it, when he answered, that " he was
nbt book-learned." He left Cossershill before break-
fast, but witness had no doubt as to his identity.—
This night pannel slept at Hyndhope, where he sold
the mistress of the house (J. Waldie) seven pictures,
which she fully identified. He went away between
six and seven o'clock, and at eight was seen by John
Sword, son of John Sword, Ettrick House, still car-
rying the identical red box and hare-skins so often
alluded to in the course of this trial. He was seen
by Sword at Ramsay-cleugh, and from this place he
went to Tbirlstane. Agnes Bryce and Helen Dal-
gliesh, both servants to the Hon. Wm. Napier, re-
siding at Thirlttane, were now brought forward, who
proved that James Williamson, a fellow-servant of
theirs, had bought two red leather purses from pan-
ne', which he presented to them. Mr. Napier's maids
fully identified the pannel, and on being shewn the
purses they had no doubt of their being the same.—
They perfectly recollected the appearance of Gordon,
and spoke generally to the tontents of his box.—
Michael Anderson was the next witness. On being
asked by the Judge if anybody had told him what
to say ? he replied, " nobody could tell him what lie
would be asked." Recollects a little bit o a man
coming to him on Wednesday the 15th of Novem-
ber; does not know his dress; hewas pock pitty, stut-
tered a wee, and wanted an eye may-be ; may-be had
a coat which was may-be bottle green ; saw his wi a
box on his knee, a four-square box joust; bought an
almanack for twopence, for which the man asked
four-pence ; it was a Belfast ane ; :hewn the almanack
which he put his name on,. and knows to be the same..
Afterwards saw a red bos4 which waxlike that.on the
table ; asked to look well at pannel, and try and re-
collect him positively ; cannot do this.
Margaret Burnet, daughter of James Burnet, far-
mer at liellingdean, fielkirkshire, saw pannel at two

o'clock on the 15th. By this time he had throirg
away the red box, and witness saw him carrying
small snuff-boxes, 4.atch-keys, trumps, ballads, tee,
in a little barn pack; saw a servant of her fattier's,
William Helm, buy a watch key from him. Shewn
the watch-key and several other articles, which she
thinks the same.

William Helm corroborated this testimony.
The two last witnesses were John Thorburn and
John Higgins, labourers in Peebles. Pannel came
up to Thorburn on the 23d of November, while he
was breaking stones by the road side; be was sing.
ing and making a noise, and witness said, he was
the heartiest man he had seen to-day. Panel replied;
it was better to be merry than sad. He had a small
bundle in one hand, and hare-skins in the other.--:
Witness observed his dress and appearance, aid
when 'he afterwards saw the advertisement, lbw
tioning the murder, and describing Gordon, he knew
that he had seen him.

John Higgins was also breaking stones by dae.
road side, when pannel came up to him. There was
something particular in his appearance, and he knew
he was the person described in the advertisement he
soon after saw. Pannel opened his bundle, and wit.
ness saw a trump, watch-key, redding-comb, ace._
Asked him what sort of a packman -he was, to be
carrying his goods in a coloured handkerchief? to
which pannel answered, he had been up iu England
at the harvest, and came in by Sheffield, where he
purchased a few things. Both Thorburn and Hig.
gins at once recognized Gordon to be the same man
they had seen and conversed with.
From Peebles-sliiie to Nairn we have no trace of
Gordon. But murder will out, and it seems there
was something sei y remarkable in the circumstances
that led to his apprehension at the latter place. The
panne] emitted a declaration before Robert Fakonlr,
Esq. Sheriff Substitute of the County of Nairn, and
another at Nairn, both of which documents were
read. To many questions that were ut to hint,
Gordon refused to give any answer, and his &clam.
Lions were besides very contradictory. In the onehe
denied all knowledge of Elliot, but in the other he
admitted having been in company with him for a
short time.

The DEPtrra ADVOCATE then addressed the Jury.
Mr. MAITLA sD, Counsel for the prisoner, said that
he conceived he would best discharge his duty to his
client by leaving the case, without comment, to the
discernment of an intelligent and attentive Jury.
The LORD JUSTICE CLERK summed up the proof
with his accustomed accuracy, and with a praise.
worthy minuteness.
The Jury, after retiring for a few minutes, re.
turned with a viva voce verdict, all in one voice end.
in g the panne' guilty of robbery and murder, as li.
belled, except in so far as he was said tc have robbed
the person of the deceased of a small sum of money,
which latter accusation they found to be not proven.
After a few observatioas from Lord Gituss,
The LORD JUSTICE CLERK addressed the panne!
in a very impressive manner, and then pronounced
the awful sentence of the law, which was, that he
should be executed on the 6th of June, and that his
body should be given to Dr. Maxwell for dissection.
The criminal behaved, during this address, in a
'very unbecoming manner, frequently exclaiming the
he had never touched the clogs, and that he had not
got justice; and when the Judge earnestly called%
him to prepare for eternity, and to throw• himself on
the mercy of the REDEEMER, he muttered between
his teeth, " I renounce it—l renounce it!"

A respite during his MAJESTY'S pleasure was os
Monday received in Glasgow, for William Moore,
under sentence of death there.

BIRTHS.

April 27, the Lady of Major-General Birch Reynardson, si
a daughter.
Lately, at Versailles, the Lady of Lieutenant-General FaDes
of a daughter.