Star.
London, England, 1810-08-31 00:00:00

EDINBURGH.

HIGH COURT OF JUSTICIARY, AUGUST 45.
Yesterday the Court proceeded to the trial of Vim.
Lawson, officer of Excise at Duddingstone, and Da-
vid Smith, salt manufacturer at Magdalene Salt Pans,
accused of the murder of Richard Ewan, officer of
Excise, on the 18th of May last. No objection was
made to the libel, and the prisoners having pleaded
Not Guilty, a Jury was chosen, and the trial proceeded.
4t number of witnesses were examined on the part
of the prosecutor. From these it appeared, that on
the 18th of May an Excise Court was held at Dal-
keith, which the prisoners and the deceased went to
attend. Upon their arrival at Dalkeith, they went
into Morrison's inn, where they dined ; and between
eight and nine o'clock they left Dalkeith to go home,
Lawson leading Ewan, who was by that time much
intoxicated. They went first on the common road
from Dalkeith to Musselburgh, but returned to the
Duke of Buccleugh's gate to get through the parks.
—The deceased was then in such a state that he fell
repeatedly, and was at one time carried a consider-
able way on Lawson's back, who at last was unable
to proceed, Ewan was laid down on the grass, anJ
Lawson went to endeavour to find a road out of the
park, while Smith staid by Ewan—Lawson was
unable to find his way out, and, being quite fati-
gued, all the three fell asleep. After sleeping several
hours, Lawson and Smith awoke, and endeavoured to
amuse Ewan, but did not succeed. Lawson then pro-
posed to go to Dalkeith for help, which he did, and
SMith stopped with Ewan.
Lawson arrived at the house of David Torrance,
Sheriff-officer in Dalkeith, about four in the morning,
and begged of him to go and get Ewan conveyed to
a place of safety, as he was dying with cold. Tor.
ranee immedately went to the guard-house, where he
got two soldiers of the Galloway militia and proceed.,
ed to the place, where they found Ewan, with Smith
sitting beside him. One of the soldiers took Ewan on
his back, and, in that manner he was conveyed to
Torrance's house, but was not accompanied by Law-
son and Smith, who left them, atter the former had
given Torrance ss. to pay the soldiers, and promised
to pay whatever more might be wanted. On their ar-
rival at Torrance's house, the deceased was set on a
chair, but died in a few minutes without having spoke.
Torrance sent for a surgeon in Dalkeith, who endea-
voured to draw blood, but did not succeed. The body
was afterwards examined, about 10 o'clock, by Dr.'
Graham and Mr. Scott, surgeon, who were of opinion
that the deceased's death was occasioned by external
violence, to which opinion they adhered on a subse-
quent examination which was ordered by the Sheriff.
Their opinions were principally grounded on the cir-
cumstance of the deceased being bruised on the back,
part of the body, by blows, as they imagined, from
the neck almost to the heels. This was the sub-
stance of the evidence for the prosecution.
In favour of the prisoners it appeared, that, the mo-
ment they heard of the death of Ewan, they went to
Dalkeith, and immediately afterwards to Edinburgh,
to the Sheriff's Office. They were desired to go home
till called for ; and, when summoned to attend, were
I admitted to bail.

To the characters of both prisoners witnesses of the
greatest credit were adduced ; who from Lang know.
ledge and experience, testified as to their quietness of
disposition, and peaceable and orderly behaviour,.
upon all occasions.
After the evidence was gone through, Mr. J. H.l
Mackenzie declined charging the Jury on the part of
the prosecution, observing shortly, that he had not
made out his case, and that the prisoners ought to be,
acquitted.—The Jun- immediately found the priso-
ners Not Guilty.