Star.
London, England, 1803-01-13 00:00:00

ARRIVED.

In the Downs, Amity, Smith, from Venice; and Rea,
Southwood, from Leghorn—ln the Creek. Betfey, Hall, and
Maria Daw, from Vakocia ; Boadicea, Batley, from
Abcant ; and Wahmoreland, Haynes, from Can►agena—At
Cowes, Nancy, Hobbs, from Baltimore—At Milford, Lovely,
Wood, from Newfoundland—OE St. Ives, Hawke, Carter.
from Barcelona—At Liverpool, Jane, Harvey, from Mafia*.
fees ; Sta'anriah, Denning, from Philadelphia: Jane, Fowey ;
Hobfon, Booth; Charles, Martin ; Conmaa, Eafterby ; and
Rebecca, Sinclair, from Lilbao—At Leith, Thames, Mitchell,
from Rip—At Clyde, Britannia, Limit, from Lillson; and
Aurora, Boyd. from New Pork—At Sdtcoats, George and
Frederick, Makohn. from Nova Saida—At Dunkirk. Reco-
very, Richards, from New York—ln the Md. Carlifle,
Gib-
foo; and Robert. Welling, from Baltimore—At Virginia. Pau-
Una, &noddle, from Cadiz ; and Donraven Cattle, hiPfirkie,
from Clyde-.At New 'York, Henry, Rogers. from Hull—At
St. Kitts, Kitty fl.drnamie. from Cork—At Dentarara. An-
son, Simfon ; and Dart.Crofbie, from Africa.—Off Dominica,
Aurora. M'Ohie, from Africa—At Revd, Johan, Roche-Raz ;.
and Albion, Hutchinkm, from Lontlim...At Dartmouth, Ze-
phyr, Forman, from Leghorn; Hannah, Crackwell ; sod Mary,
from Newfoundland-1t Dubbn, Arid, Board. from
St. Kitt's—At Waterford, Ceres, White, from Oporto.

The Ptiacefs CNAILLOTTI Of WALFP—when at
dinner with her Govetnefs, a few days ago, at the
Queen's Lodge in Windfor, a fine loin of veal, with
a kidney in it, was brought upon the table. " I
fbould like to eat tome of that kidney," faid the
Princefs. "That I cannot grant," replica the Go-
vernefs, for if I Jo, it will prevent your growing."
The little Princefi was filent for a moment, and
then beckoned to one of the attendants, and faid,
What a deal of kidney your wife mull have
eaten w:ien the was young." It is fcarcely neeef.
fary to add, that the 'mien alluded to is of a very
diminutive nature.

HIGH COURT OF yusrichißr.
EDINBURGH, JAN. 8.-RIOT AT A BERDERN.
TRIAL Of LIEUTENANT-COLONEL GEORGE lIACKEN.

Zig, CAPTAIN J. N. PL'OONOGiIi AND OTHENS.

CONTINUED FROM THL STAR OF YESTERDAY.

LORD CRAM 1:4 TUE CRAM.

This day the Couit proceeded to the further
examination of witswas, agreeably to the minute
of the farmer adjournment.
Corporal William Douglas raid, he was in
Cale tlreet on the evening of the 4th of June,
when he received orders from Lieut. Col. M'Ken.
zie to go the barracks and caufe the regiment
beat to arms. He went accordingly, and in con-
fcquence the regiment did beat to arms, and the
men turned out and ran to Caltle-ltreet, where
they formed, and not in the barrack-yard.—Wit.
nefs was in Caftle-fireet when an order was given
t, with ball cartridge prime and load." This order
was given by Captain M'Donogh. He was in
Captain M'Donogh's company when this order
WAS given. The men went through the motions.
After this the regiment were ordered to march to
the barracks, and were doing In when the inhabi.
tants, throwing (lotus, &c. brought them back.—
Wi:nefs law the (tones thrown, but is not Pure
ther the (tones (truck the military ; he however heard
the voices of the people, but could not fay what
they were crying. Witnefs did not fee Captain
htl,Donogh after he gave the command to counter!
march. Witnefs faid before he left the barracks
there was a report that the officers were much
abufed in the town. On the previous day an or-
der was given to take all the ball cartridges from
the men who were to fire thefeu &frje, who were
all the regiment but the guard. The men were
themfelvcs to 14y by their ball cartridges.
Donald *Kenzie, drum-major of late Rots and
Cromarty regiment, Paid, nn 4th June lad, in the
evening, he received in the harracks orders by
Corporal Douglas from Licut. Col. M4Kenzie to
beat to arms.

Mr. Alex. Milne, writer. Aberdeen, laid, be law
the regiment of Rofs and Cromarty drawn up in
• Caltle•lireet in the evening of 4th June, with
Captain hi'Donogh at their head. He gave orders
to prime and load with ball cartridges, and fire.—
' The firing did not then take place. He faw fowl
thrown at Captain M'Donogh before the foldiers
came down. Did not fee any 'tones thrown at
the time Captain M'Donogh gave his orders.
Mr. Alexander Robertfon, merchant in Aber-
deen, on the 4th June was in the New Inn. When
he went there in the evening he thought there
were rather fewer people on the freets than anal.
They were throwing (tuff. Capt. M'Donogh was
in the fireets, and the guard was drawn out.--.
Saw Enfign Lanigan brandithing his (word, and
Captain M'Donogh had his (word draws. He
took off his bat and (poke a great deal. He was
fometimes in good humour and fometimes in bad
humour. He loft his fword amongst the mob.—
Witnefs law Captain M'Donogh bring the men
from the barracks, and form them in Caille-flreet,
bat did not fee any (tones thrown at them. The
men were ordered back to the barracks, and when
nearly all gone into a narrow lane, they came run.
ning back and fired off their pieces irregularly.
Mr. Andrew Bonner, failor, laid, he was in
Cale-ilreet on 4th June, and faw the guard turn.
ed out, and (tones thrown from both fides, both by
the guard and the mob. Orders were given to
fire, and (even or eight fired. Saw the regiment
formed in Caftle.fircet, and heard the officer gin
orders to prime and load.
Mr. Adam Watt, baker, Aberdeen, Paid he faw
the guard turned nut on 4th Jane lath He did not
fee any [tones thrown at the fentinel or guard houfe
before they were turned our. Witnefs went to
Enfign Lanigan to advife him to turn in the guard,
as it was provoking the boys to infult them. They
were turned in, and afterwards came out again,
and he faw them afterwards fire upon the people.
Witnefs law Captain M'Donogh that evening har-
ranguing the crowd, and thought very much of
his condtia ; he was doing every thing that be-
came h m, and more than became him, to quiet
the public bunk.
Alexander Anderlon, blackfmith, Aberdeen,
Paid, on the 4th June he was in Caine fireet, and
few the guard turned out. He did not fee any
Roses thrown at the guard-houfe before they were
turned out. The guard did not fire till the foldiers
came from the barracks, but they ran at the crowd
with fixed bayonets.
Dr. George French, phyfician, Aberdeen, Lid
he was called to look at the body of Rofs who was
killed on the 4th June. A bullet had gone in un-
der the right eye and gone out under the ear.
Here the declarations of the prifoncrs were
read, and their identity admitted. This clofed the
proof on eh: part of the profecution.

PIIOOT IX XXCULF•TION.

Major Welt of the recruiting diltria, Aberdeen,
faid he hadgi yen orders fur all the rect uititT parties
not to be on the Itreets on the evening of the 4th
of June. This he did, having heard that aWm
Commandant of Volunteers was to be burnt in
effigy on account of (*.nix circumflinces in his cos.
duet which his men had not liked. As a military
man, his opinion is, that a guard ought never to
allow a mob to cleft too much upon them, and,
if attacked, to maintain their poll at all rilks, but
there may be occafions where they fhould wait foe
orders. It is the duty of a commanding officer
either to reinforce a guard when in Danger, or with-
draw it, according to circumstances. He faw
Capt. M'Donngh alter the whole affair, and ad.
vifed him to go and take command of the regiment
as the Colonel was then inefficient.

Lieut.-Colonel Stewart. of the 42d regiments
Paid, he eonfidered it his ditty, when on guard, to
defend it if attacked. When a civil Magillrate is
prefent, the military are under his command; but
if a guard is Rationed and attacked, I confider it
a ditty to bring a reinforcement to afiiik. In his
regiment. at prefent in the Cattle, every foldier
has liz rounds of ball cartridge ; when afeNde joys
is fired the ball cartridges are t-rdered to be laid
aide. but immediately after it is over they have.
their ball cartridges as formerly.

Enfigh Hely, of Rots and Cromarty regiment
Previons to 4th June orders were Hilted for the rt.
giment to parade that morning, and every officer
was to infpeft his company, and fee that none had
ball cartridge. That day he left the Court houfe
With Caren M'Donogh, and when croffing the
'fireet they were much annoyed by the mob pelt-
ing. Captain M'Donogh expofiulated with the
mob Ma conciliatory way. Witnefs did not with
him to condefeend fo much to a lawlefs mob as to
expoltulate with them. They then were going to
take a walk, when a gentleman direited their at-
tention to the guard-houfe. They went there, and
found the officer there much covered with filth,
who loon ordered the guard to turn out. They
did fo, and then Captain M'Donogh Paid the pre-
tence of a Magiftrate was extremely neceffary.—
The Captain then took a file of men to accom-
r tny him to the Council Chamber. The witnefs
then law the Lieutenant-Colonel coming with two
town officers. Witnefs then thought himfelf in
fume degree of danger, as the mob were throwing
filth. eLieutenant-Colonel went towards the
mob, ufing conciliating exprelfions. Capt:M•Do-
nogh loon retired, attended by one or two peace
officers. The mob had preffed round the Lieute-
nant-Colonel,and he appeared to be then in danger.
The guard preffed into the mob to refcue the
X.ieutenant•Colonel. A violent pelting then com-
menced by the mob againft the officers, and Cap-
tain M'Donogh was entirely covered with filth.
Witnefs took fhelter behind a fentry box, the
sentinel being forced from his port. The Lieute- 1
rant-Colonel then ordered Captain M'Donogh to
proceed to the ban acks, cattle beat to arms, and 1
britig down the regiment to reinforce the guard. '
Witmer' was afterwards ordered to do the fame,
and he went alfo, and found a party of the men
drains up, and Captain M'Donogh at their head,
in front of the barracks. Witnefs went into the
barraCk yard, and law the men falling into their
private parades. They were about to form, when
he heard fome of the men exciting each other to '
fun to their barracks, and get their ball cartridges, 1
Which they Paid might be neeeffary. Shortly after
the greater part marched out. Witnefs went to
Cagle-ftreet, and found the whole regiment drawn 1
up in line. He then heard Captain M'Donogh
give this order :—" Order Arms and Stand at
Eafe." A great crowd were in the greets very
'riotous, and clofe upon the men. Captain M'Do
nogh then took off his hat, went in among the
crowd, and addrered them in very conciliatory i
terms. They icemed to take his addrefs in good'
part, and gave two cheers. Upon a fuggeftion by
the wharfs, he immediately afented to march the
men to o.e barracks. He wheeled them, and or-
eered ts.em to counter-march. They began to do ,
fir, and %.ituer. reason before them. He had not
gone far when lie heard a fudden (bout from the
mob. He turned round, and fat' the foldiersrufh-
Ai in all dim:tit:ma upon the mob. He heard no
Word of comma. This was the firß firing_ he
heard. He teas hilisfaifober, and Captain M'Do-
nogh teemed to'be in poileffion of all his faculties,
and not in a nate o. intoxication. The greater
part of the cEGeenwere at this period at Edinburgh
ac.ending a Co* Martial. The regiment were
daily expelling orders for ditbanding. Captain
M'Donogh and .the witnefs were then both in
otourtang, vritheaspes round their arms. At the
time the men woe drawn up acrols Caftle-Rreet,
he did not hear Gary )Iropofal for fending fora civil
hivert e.
William Macklin*, (errant to Col. M'Kensie,
has been his fervent eighteen months. On the 4th
ti June lan, when the Colonel cams to the bar.
racks his face was all cut and bloody. Neat morn.
iag he difeovered black and blue marks on his
break, arms, &c. &c.
Serjeant Hugh Mitchel, of Rofs and Cromarty
Rangers—On evening of 4th June was in the bar-
racks, and received orders by a perfon to fend a
reinforcement to the guard. He found there was
no officer ; but learning from loin. of the men
Who came to the barracks that fome of the Officers
were murdered in the town, he tent of a party.
He then *cent himfelf. and met tapt. M'Donogh,
who took the men to Cagle-fireet ; but they had
feattely arrived there, ,ol,en there came a great
force of the men from the barracks, in confufion.
The wieners than dreffed the line as well as he
*weld. Towards ti e right of the line he few a
good deal of confufion. When he was drething
the men, they Paid, It was eafy for him to talk,
but it was not fo eafy for them to Rand. Capt.
M'Donogh took of his hat, and addrefed the
people. He then ordered the men to prime and
load with cartridge. He then ordered the men
to order arms, and Rand at cafe. He again went
and fpoke civilly to the people, and Coon ordered
them to (boulder arms. They were then marched
back to the barracks, but did not hear Capt.
M'Donogh give the orders to march. After this,
Capt. M'Donogh returned again to the people;
the witnefs followed him into the crowd for fear
of danger. The Captain went forward, and (poke
1 with fume people. Witnefs loon heard the whir-
ring of (hots go over his head, and being alarmed,
he Rooped down. A great number of Roues were
then thrown, feveral of which Druck the witnefs.
Capt. M'Donogh at this time parted from the wit-
nefs, and be did not fee him again. Juil as the
men began to countermarch, Serjeant Mackay
came out of the ranks, and came up to take care
of the Captain, and endeavoured to make him go i
to the barracks.
Corporal Adam Little, of the s4th foot, was
recruiting at Aberdeen the 4th of June lag. There
was a mob in the evening of boys and men, who
were riotous. He recollets he faw Serjeant Su-
therland, near the New Inn, attacked and Druck
with a flick. He was defending himfelf with a
(word in the fcabbard. He was in danger of being
hurt, but cannot lay whether he was in danger of
life. His clothes were much dirtied. Witnefs law
Capt. M'Donogh (truck on the neck on the greet.
and the mob were throwing dirt at him, and
abufing every perfon they law belonging to that
regiment. This was before the reinforcement
came from the barracks, and none of the guard
fired until after the reinforcement came. Witnefs
was near the rightof the regiment when they drew
up. He bend the word of command. After die

men were formed, Capt. M'Donogh went to fpeak
to the mob. They aiked him to releafe a prifoner,
and fend the foldiers to the barracks. He raid, if
they eked it as a favour he would releafe the pr;.
loner, but if they demanded it he would not. He
heard Capt. M`lionogh give out the command to
prime and load with cartridge, and then to order
arms He then turned from the regiment, and
went round to the mob again. He took off his
hat, and requefied they would be quiet. Some
people came up to him, and he agreed to march
the hien home. He did fo, and the men marched
off, but Capt. M'Donogh was not with them.—
Witnefs did not fee him again. There was no
firing by this time. When the firft part of the co-
lumn had nearly reached the barracks, the mob
followed the others, and threw bricks and (tones,
damning them for Highland b--s, to go home
to their beds. Upon this fome of the foldiers came
running back, being hurt,as he law fume ofthem.
He did- not hear any word of command. The
guns were popping off in an irregular manner.
Daniel M'Nab, late fervent to Capt. M'Donogh,
was at Aberdeen on the 4th of June !aft ; was hot
there at the commencement of the riot; about
nine went to his mailer's lodgings, to receive
ordtrs, and there he heard there was a diflurbance
in Cagle-greet. Apprelicnfive for his mailer, he
then went to Caille-Ilieet, and faw his mailer !
(landing with his hat off addreffing the crowd.—
Soon after, a fhower of [tones came from the
crowd. Witnefs conceiving his Matter's life in
danger, ran to him, and, feizing his arm, led him
away. In a fhort time, he law the foldiers abufing
and (hiking an inhabitant. The Captain and
witnefs rufhed forward to his relief. The Captain
then cried out, for" Goa AL mIG H TY'S lake, men,
return to your barracks ;" but the men paid no
attention to him, but began to fire. The Captain
went in front of them, and, with a loud voice,
called out " Halt." After firing fomc time, two
town ferjeants appeared, and laid to Captain
M.Donogh, " Are you Commanding Officer r' he
replied, He was, but he could not command them.
The Captain was then made prifoner, and on his
way to the Town Houtz he was much abufed by
the crowd. Witnefs had no alarm on feeing the
men fire, as he had no idea the men had ball car•
tridge in their poffeffion. On the Captain's way
to the town hall, while the crowd were abufing
him, he Paid, Ah, my good fellows, you little
know me, or you would not ufe me fo."
James Knowles, merchant, Aberdeen, was in
Caftle.ftreet on 4th June. Saw the regiment come
from the barracks and return; but did not fee
Captain M'Donogh after.
John Allifon, artillery, was on Caftle.fireet on
4th June ; law the men marching up to the bar•
racks, with an officer at their head. This officer
he afterwards law going towards the Town Houle,
but did not know who he was.
Abraham Shepherd, artillery, was on Cagle-
ftreet on 4th June, and faw an officer order the
men to their barracks. When they were gone,
the officer went towards the Town Houfe, and on
his way was greatly abufed by the crowd.
James Mackenzie, 4ad regiment, late in the
Role and Cremarty regiment, who being igno-
rant of Englilh, his evidence was interpreted—
was acquainted with Serjeant Sutherland, who he
faw on the 4th of June la& At the time the fire.
ing commenced, he was in the fame fedion with
Serjeant Sutherland t and another ferjeant was in
the fame (idiom Sutherland had not the foie
command, but faw him &dive to prevent Come of
the men from firing three or four times. Suther-
land's fword was in his hand, but in the (heath.—
Saw a man of the rile corps lying dead neir the
croft ' • but Sutherland had gone up to the bar-
racks before witnefs faw this man killed. Witnefs
alto knows Sirjeant Mackay. whom he faw that
night. Heard him bid the men not fire, bat re-
turn home. This was a little after nine o'clock,
when the t•wns people were pelting them with
hones, and when the military were beginning to'
fire, after they had broke their ranks, and had got
orders to return to their barracks, and about five
minutes hefcre he law Rofs killed.

John Robertfon, fadler in Perth, was in the Rofs
and Oromarty regiment on 4th June Lift, and ac-
quainted with Serjeant Sutherland. When the
men came on at the charge, he few Sutherland
endeavouring to prevent them, and the fame at
the firing. The cation of which Sutherland had
the charge were not defirous to fire. The witnefs
bad prefented to fire, when Sutherland (loin him,
and (truck up the muzzle of his raufket with his
(word. Witnefs was on the north fide of the fireet,
before the New Inn, when this happened. Saw
no perfon hurt with a (hot. Witnefs knows J.
*Kenzie, a former witnefs, but is not certain
whether he was in that feEtion or not.

Roderic MiDonald, of the 42d regiment, raw
Serjeant M'Kay when the men were marching to
the barracks, and again when tome thou were fired
—he was (landing with his face towards the men
keeping them in their ranks; witnefs did not ob-
ferve whether he had a halbert or not. The evi-
dence of this witnefs was alto interpreted.
Alexander Frafer, of the 42d regiment, Paid he
was in Caftlelreet, Aberdeen, on the 4th of June
lan, Paid he law Serjeant M•Kay prevent one of
Ithe men from. firing after he had come to prefent,
by driving up the muzzle of his mufket. At this
time the party which M'Kay appeared to command
was oppofite the guard bottle; they afterwards
advanced towards the New Inn, but witnefs did
not fee M'Kay with them then. Witnefs was at
that time in the gas and Cromarty Rangers.
Alexander Menrodate a private in the Rofs and
Cromarty fencibles, now of 42d regiment, Paid he
law Mackay on the 4th June, but is not certain
whether he had his halbert or stot ; at the time he
law him there had been no firing ; he was Sand-
ing with his face towards the men.
John M.Lellan, 42d regiment, depofed to the
fame effeB. _ _ _ - _

Colonel L. *Kenzie. late of the Rofs and Cro-
marty fencibles.faid he always thought Mackay a
well-behaved and fober man, of great humanity,
and obedient to his commanding officer. Suther-
land was one of the bell-behaved men be ever
knew ; he had only been three months in the re-
gimer.t wlica I.e was pioasoted to a ferjeootcy on

account of his good behaVinur. Maeltay he thinks
about 24 years of age, Sutherland alrmt :to. Wit-
nefs has always known Captain Ivi,ilonogh to be
a man of honour and a gentleman, and eileemed
him a man of great humanity—he was in the Life
Guards before he came to the Roes and Cromarty
regiment.
fhe examination of this witnefs clofed the whole
evidence. ' _ _ _ _ _

Mr. JOHN CLERK then role and addracd the
Jury on the parr of the profecutors, in au animated
fpeech of three hours continuance.
Hon. HENRY Easata 1, for the defendants, ad.
dread the Jury for upwards of three hours, and
exerted himfelf tb much, that, when about the
middle of his (peach, he became quite exhaufled
and was obliged to flop, and was taken out of
Court. A medical gentleman being fortunately
prefent, attended him in the outer Court room,
and in about halt an hour Mr. Ease IN E was fo far
recovered as to return to the Court and refurne the
defence of his clients,which he continued for about
another hour, with fully as much animation as
formerly.
The Counfel having; flame!,
Lord Cicala proceeded to Turn np the whole
evidence. His Lordlhip recapitulated the leading
features in the depofition of every witnefs, and
minutely and candidly pointed out the bearings and
tendency of the whole.
When his Lorchhip finifhed. the Jury were en-
doled, about two o'clock on Sun& y morning,
and ordered to return their verdict at two o'clock'
on Monday, to which hour the Court adjourned.
We are happy to hear that yeaerday Mr. Er.
fkitie was very well.

MIDDLESEX SESSIONS.

liTCKS'S HALL, (TER KENWELL, JANUARY rs.

Samuel Whalley, Elq. was indieted for afrault-
ing Mr. Haig, an Attorney, on the 16111 of May

Mr. CON sr opened the pleadings on the part of
the profecution. He Rated that this was an in
diEtment againtl Mr. Whalley, a Gentleman of
fortune, and extremely well known in this coun-
try, for an airault on Mr. Thomas Haig, his at-
torney, a perfon of great re fpcetabilit y, and equally
well known in the Courts of this kingdom. 'the
indiftment charged him with having beaten the
plaintiff in a violent manner, and under fuch cir-
cumitances, laid the Learned Counfel, as, in my
opinion, deprive him of every excufe. Mr. Whal-
ley was a Gentleman, againtt whom nothing had
been alcribed but an infirmity of temper ; and
even then it would appear very ftrange, that,
without any motive, without any provocation, he
ihould have acted in the manner he had done.—
Mr. Haig was employed to trait:aft tome butinefs
IA term, between the defendant sad his father-in-
law, the Rev. Mr. Barclay, refpeCting a patent.
in which they were to be jointly concerned: and
feveral drafts of deeds were drawn by the plaintiff
and handed over to Mr. Whalley. A meeting
afterwards took place between the plaintiff and
Mr. Barclay, and the latter expreffed his difratif-
raftion at the conduit of Mr. Whalley, and Come
further converfation on the fubje* earned. Mr.
Whalley came in, and though nothing occurred
to form a jull ground of offince, he took an op-
portunity of infulting Mr. Haig, by producing a
bill which had been delivered on foam former cc-
cation by the plaintiff, and.paffed fame very nn-
gentlemanlike comments thereon. Mr. Cour
raid it would be unneceffary for him to enter into
the detail. as the evidence would fully develope
what had paired ; though there was no other per-
fon but Mr. Barclay in the room, he lhould, from
motives of delicacy, decline Calling him, as be did
not with to make the father impeach the fon; the
tellimony of Mr. Haig would fully ellablifh the
affault ; and, really, when tranfgreffions of this
kind, proceeding either from malice or ill-temper,
occurred, the punifbment could not be too revere.
Mr. Thomas Haig was then called, (worn, and
examined by Mr. ALLZT. He proved that he had
been employed as an attorney, to draw deeds of
partnerfhip in the property of a Patent Medicine,
between the Rev. Mr. Barclay. and his fon•in-law
Mr. Whalley, which latter Gentleman be had
known about three years. That three feverai
drafts of a deed had been drawn up, at his in-
fiance, by Mr.Plowden, an eminent Conveyancer,
to which Mr. Whalley made fuccellive objeflions;
and, from time to time. deferred the execution of
the partnerlhip, which induced the Witnefs to re-
monarate with him on behalf of Mr. Barclay.—
In confequence of which Mr. Whalley took Come
offence, which induced the Witnefs to decline any
further interference in the Winds. He came to
the affair of the 16th of May laR, when the ground
of this profecution took place. He had previoufly
furnilhed his bill of coils in this cafe ; and he at-
tended a meeting, by defirc of Mr. Barclay, at
his houfe. As Mr. Barclay fat on one fide of the
fire, and the Witnefs on the other, Mr. Whalley
&only afterwards came in; ind Come few minutes
being elapfed, he pulled out the bill which the
WitneG had fornithed, and laid he was glad to
fee the Witnefs there, as he might give tome el-
-1 planation on the items of the infamous bill he bad
charged. Witnefs anfwered he had no *Nation
to gave any neceffary explanation of his bill ; but
that was not the fpecies of language in which he
had been accuflomed to be addreald ; nor was it
becoming from one gentleman to another. Mr.
Whalley replied, by calling him a rafcal, fcoun-
&el, and many other opprobrious names. To
this Witnefs rejoined, loch language was only be.
coming a Rabic boy it was not the language of
any mac with whom he had been =cud-corned to
affociate ; it was beneath the notice of a gentle
man, and, therefore.'he lhould pars it by with the
treatment it deferred. Mr. Whalley then flood
up—croffed between the Witnefs and the fire—re•
;waged his opprobious language, in a manner Rill
more violent; and raid, if-Witnefs would not take
the law. he would give him a found threllaing.—
Witmer. anfwered, he mull be mad to foppore
that one in his circumflances, deprived of the life
of one ann, and in danger of fatal confequences
from the flightefl injury to that arm. would put
,hirafelf, perfortilly, as an aatagonift spina a

man of Mr.Whalley's rein& and athletic firength,
certainly he fhould take the law, if Mr. W. pre-
fumed to offer him any violc;ce. Mr. Whalley
then put I;is hand in fuch a manner as to prefs one
part of it on the. Witnefs's chin, and the other
part on his diftbled arm ; be would not fay with
intent to lout either. He put his own hand again&
Mr. Whalley, to !•itard his arm from injury, when
' Mr. W. itillantly (aid, 4‘ what, ,you fcoundrel, do
yt.o dal e to Rrike ;" and infiantly (truck the Wit-
nos, with his clenched fill, a violent blow on the
'tole and mouth, to as to break a tooth in the one,
cut both his lips, and bring the blood flowing
from his nofre. The Witnefs then feized the next
weapon to him, which happened to be a candle-
flick, (a large plated one, ukb a fquare foot, the
fellow to it was produced in Court). and in his
defence [truck twice at Mr. Whalley, he verily
believed, that either blow, had it taken place,
(which, fortunately for Mr. W. and much to his
own prefent fatisfa.lion, was not the Cafe) would
have been fatal. Mr. Whalley then feized a poker.
and with it struck the Witnefs feveral fcvere blows
over the right arm, while he endeavoured to de-
fend his head and other arm ; and afterwards Mr.
Whalley being, by Tome means, deprived of the
poker, feized the witnefs by the throat, again&
which he violently preffed bis knuckles; and while
he kept him in that manner with one hand, con-
tinued beating with the other fill about his nofe,
mouth, and neck. Witnefs faid, that fuch was
the &nation of his left arm, from a former unfor-
tunate accident, and fo ezquilely fenfible to every
touch, that the flighteß (hake mull put him in the
molt imminent nth of burßing an artery, and
either bleeding to death, or &Bering immediate
amputation. The confequences of the treatment
he received from Mr. Whalley was, that he was
three days confined to his room ill, and unable to
take any other fußenance than fpoon meat; his
nofe, mouth, and throat, were much contufed and
fwelled ; the uvula confiderably inaarned and elon-
gated ; and his fituation aaually required a much
longer confinement to his room, had not his pro-
fellional duty unavoidably obliged him, on the
fourth day, to attend a Statute of Bankruptcy, at

Crofs•examined by Mr. Sr. tvErrra.—Mr. Haig
faith the bill be furnilbed was for zBl. that he him-
fell was nominated a truftee in the deed drawn, by
the exprefs defire of Mr. Whalley.
Mr. SYLVESTER then proceeded to afk the wit-
'lds to whom he had ferved his ckrkfhip and the
witnefs was proceeding to explain, as he faid Come
infinnations had been made by Mr. Whalley, that
he had been clerk to a Mr. Crofsley, with whoa
he nevcr had any conneftion.
The Court objefted to hear any explanation fo
irrelevant to the caufe in hand.

Mr. Corer humbly contended, that his client,
the witncfs, was entitled to prom/lion from a fps.
tics of attempt on the part of Mr. Whalley,
through a falfe and unwarrantable obloquy on his
charaaer ; and to which end the traverser ought
to be &dimmed of having inftruaed his Count&
Further examined by Mr. SY xi, arraii.--Witnefs
admitted he had brought his anion for damage"
in the firft inflance, and afterwards inftituted tbi
Buiit profecution by the advice of his Cooed.
t that he would have dropped the salmi fee.
damages altogether. had not the defendant's at.
torney forced-him to a declaration and he cos*
not abandon it without fubjeaing himfelf to coif,
again(t which, if he was Secured, he had no Mrs
to follow up the anion.
Mr. ALLNT avowed, that he bad given the wit.
nets this advice as a more honourable west 4
proceeding, not being liable to the charge atom
cenary motives.
Surgeon Hurl gave teftimony is the injury Ur.
Haig had (Whined.
Evidence for the Crown being here doted.
Mr. SYLverrsa addrefted the Court and Jury,
on behalf of his client, Mr. Whalley, and then
proceeded to examine
The Rev. Mr. Barclay, who corroborated Mr.
Haig's evidence up to the meeting at his hoofs
on the tfith of May; but he could not (wear whe.
ther or not Mr. Haig had ftruck th.a. When
Mr. Whalley Rood with his back to the fire, be-
tween Mr. Haig and him, he heard him ufe abu.
five language, and then he (la red two or three
Steps towards him, as if pulbed by Mr. Haig;
but he could not (wear to that. The feat& im-
mediately begaa, and Several blows were exchang-
ed, Mr. Haig Rill fitting down. He raw Mr.
Haig make a blow with the candleftick, which
made a deep bole in Mr. Whalley's hand. The
fecond blow mull have Split his (bill had it taken
place, as it made a deep indention in a mahogany
table upon which it lit. He faw Mr. Whalley take
up the poker, but did not fee him ftrike with it.
The reft of his tellimony in no refpea oppofed that
of the firft witnefs.

Mr. Ast.ey addrefed the Court and jury upon
the evidence before them, and made a very warm
and feeling appeal upon the 'refs, wanton, and
flagitious injury that bad been fuflained by his
client, and that (pecks of outrage, on the part of
Mr. Whalley, which, whatever fiis rank or refpec-
tability might be in other points of view, in this
he mull confider the outrage as of a defcriptiou
the moll wanton, atrocious, unmanly, and cow-
ardly. becaufe trucheroufly and nnprovokedly
committed upon a Gentleman, who, Mr. Whalley
well knew. was, from bodily infirmity, unable to
defend hi enfelf. Recapitulating ,in a ftron,g vie w, the
nature of the injuries his client bad fullained.. he
hoped that Mr.Whalley would be this day convinc-
ed. by the verdia of a Brains Jury, and the ex-
emplary juftice of that Court, that no man flan
dare to offer unprovoked perfonal infult and vio-
lence to another in this country, however high the
rank of the one, or bumble that of the other, and
pars with impunity.
The CHAIRMAN then &only recapitulated the
circumfiances of the evidence. and Paid. the only
point for the Jury to confider was. whether or not
they believed the tellimony of Mr. Haig, which
flood wholly uncnntradi.9ed.
The Jury, without hefitation. returned their
verdia Guilty. Mr. Haig relinquiled his :aims
for damages, and the Court fenteneed Mr.
ley to a fine of pl.