Star.
London, England, 1803-04-23 00:00:00

TRIAL OF CAPTAIN hfACNAWARA

OLD BAILEY, FRIDAY, APRIL u.
Between eight and nine in the morning, Capt.
Motrumsara was removed from Blake's HoteL He
went in a coach, which, on account of the weak
nate of his body, drove very ilowly to Newgate.
He alighted at the houfe of Mr. Kirby, where he
remained till a (tort time before his trial commenced.
—About a quarter before one, Captain Maena-
mars was led into court, fupported by his friends,
and accompanied by Mr. Heavifide ; he appeared
extremely pale and weak, and far from having re.
covered the effeas of his wound. The judge,
(Mr. Jullice HEATH) immediately ordered him a
chair, on which he relied during the whole of the i
trial. His appearance is extremely prepolfeffing,
and he condated himfelf with the greateft deco-
rum and propriety.

N• 14113 OF TN! JULY.
amen
Needham, a Miter, J. Heaton,
ames Meyrick, J. Sumner, T. Harding,
Hill, T. johnfon, C. Saunders, and
0. Wheeler, lt. Glover, T. Saunders,

Mr. SaILTON, Clerk of the Arraigns, addreffing
him Paid, James Macnamara, you Eland charg-
ed on the Coroner's Inqueft, for that you on the
6th of April, zBo3, did, with force and arms, in
the parillt of St. Pancras, in the county of Middy.
fez, on Robert Montgomery, Efq. feloniouflymake
an affault, and a certain pillol, of the value of ten
Billings, charged and loaded with powder and a
leaden bullet, which you held in your right hand,
to, and againft the body of the Paid Robert Mont-
gomery, did felonioufly (boot off and difcharge,
and did felonionfly give with the leaden bullet fo
as aforefaid difcharged by force of the oun pow.
der in the right fide of the body of the raid Robert
Montgomery one mortal wound ; fo the Jurors
aforefaid upon their oaths fay, that the raid Ro-
bert Montgomery in manner aforefaid you did fa-
loniouny kill and flay, againft the peace of our
Lord the King, and agaraft the form of the fia-
tute." Captain Macnamara pleaded not guilty,
and being anted how he would be tried, he ap-
fwered in the terms ufual on fuck (keelsons.

Mr. Krim opened the cafe on the part of the
profecution. He raid, the Jury were already in-
formed of the nature of the charge againft the
Gentleman at the bar—a charge which imputed
to him the crime of homicide; and in Rating the
particulars of that charge, he fhould carefully ab-
Ilain from any obferratlons that would tend to
create prejudice in the minds of the Jury or the
Court, againfl the ptifoner. He was orry to fay,
that a great deal of prejudice had already been ex-
cited againft the prifoner, by various ftatements
and obfervations that appeared in the daily public
prints, on the fubjea of the late unfortunate duel
in which he had been engaged. The Jury mull
feel forcibly the impropriety of doing fo ; as all
tech obfervations mull have tended to prejudice
the minds of thole who were to try the Gentle-
man then at the bar. He was, however, happy to
fay. that from what he had witnefed in the courts
ef the prefent Selßons, the jury would not be in-
fluenced by, nor pay attention to, any thing they
had read or beard ; but try the mute according
to the evidence which &bold be brought forward.
The offence the prifoner flood charged with was
only manslaughter, and therefore it could not af-
fea his life; but it was a charge of the moll im
portant nature, fo far as regarded the peace of the
public; and in proportion as it was of importance,
fo did it decree the ferious attention of the Jury.
He would not for his part prefume to enter into
any difeutGon with regard to the law on this tub-
jea ; In doing, Co he might probably commit tome
error; and the law would be much better gated
by others than by him. But, indeed, he mull
ob-
ferve, that there was very little law in the cafe.—
' The only quellion to decide would be, whether the
Gentleman who had been killed, did We his life
in the manner that was Rated in the indiamest
Whether he loft his life in the reneounter with the
prifoner ? and whether the prifoner was the man
by whom it was taken away? Captain Mama.
mare, he believed, was a Gentleman very refpec-
tably conflated, and was remarkable for the bra-
very he had at different times difplayed in the ter-
' vice of his country. The deeeafed was a Gentle-
man of charaaer equally jugh in the public eli-
mation, and equally defarng the regard of every
body. Mr. Knapp then fisted the particulars of
I the late duel, together with the circumftances from
which it originated ; the fame as they were after.
wards detailed by the witneffes. He then (aid,
that he thought it neceffary to Rate, that the pro.
fecutor in the prefent indietment had no willies or
anxiety concerning the fate of the trial then com-
ing on. He had inftrudted him (Mr. Knapp) to
lay the cafe, limply as it ftood, before the Jury 1—
willung only that it might undergo a fair invefti-
gation, without defiring to gratify any thing like
refentment ; and if the refult of the prefent trial
I would be to prevent, in future, accidents fimilar
to that which gave rife to it, it would be a trial as
advantageous to the public as any that had ever
taken place. Mr. Knapp then proceeded to call
his witneffes.

IVIDFNCII TOR THII PROSIMUTIOII.

William Sloane, Efq.—" I was in Hyde Park
on Wednefday, the 6th of April intl. between four
and five in the afternoon, on horfebuel, in compa-
ny with Colonel Montgomery, the deceafed, and
another Gentleman. A Newfoundland dog fol-
lowed Colonel Montgomery. I afterwards law
another dog which belonged to Capt. Macnamara,
and there were three or four Gentleman near that
dog ; the Prifoner at the Bar was one of them.—
It was between the Bridge and the Barrier, the
dogs began fighting. They were Neivfoundland
dogs. I obferved Col. Montgomery torn round
and get off his horfe to feparate the dogs. They
were kparated : I believe by Col. Montgomery.
I heard Colonel Montgomery elk, " whole dog is
this ?' Capt. Macnamara Paid. " that is my dog."
Colonel Montgomery kid, " W you do not call
your dog off, will knock him down." Captain
Macnamass kid, " have you the arrogance to fay
that you will knock my dog down r' Colonel
Montgomery kid, " yes, I will knock the dog
down tf it falls upon mine again." About this time
I my Lord Zurkheroa came up, and the fame fort of

converfation was repeated, and, I think, I heard
the word arrogance' made ufe of again."
Mr. Juftice HEATH a(ked, " Who complained
of the expreffion of arrogance?"
A. " It was not complained of."
" Who made ufe of it ?"
A. "The Prifoner, Capt. Macnamara." About
this time loose people joined us, and we proceeded
on to Piccadilly, all of us. Colonel Montgomery
raid to Capt. Macnamara, " It was not my inten-
tion to quarrel with you,but if your dog falls upon
mine, I will knock him down," or words nearly
to that effeet. We all went towards Piccadilly,
and we took leave of Colonel Montgomery at the
top of St. James's areet, with intention of going
home. I turned round and fa w Capt. Macnamara
turning back to go down St. James's-greet, and at
that time we were going up Bond greet, and had
got a little way : Colonel Montgomery went down
St. James'alreet. I afterwards law the prifoner
and the deceafed, and others, in Jermyn-ftreet, but
not very near, perhaps thirty yards diftance. A
perfon rode up to Colonel Montgomery, and fpoke
to him, but it was impoffible for Capt. Macnama.
ra to hear what was laid ; the fame Gentleman
rode back again to Capt. Macnamara. I do not
know who that Gentleman was, but I have fence
heard it was Captain Barry. What paired at this
time I could not hear.

On erofs examination by Mr. EMUS', this
Gentleman (aid. " there was no rekfon to fuppofe
that the dog had been fet on to fall upon Colonel
Mongomery's dog."
Mr. Juillett Heerm (aid, there was no fuppofi•
tion of the kind.

The Witnefs proceeded, on the examination of
Mr. Eas KIN e, to fay, Capt. Macnamara was drefred
as a Gentleman, anJ had every appearance of a
Gentleman ; and• Colonel Montgomery Paid to him
—" If you do not call off your dog, I will knock
him down."—l did not fee that he took his hat off
when he (poke, and defire Capt. Macnamara foftly
to take his dog off, nor any thing of the kind : but
he Paid, " If you do not take your dog off, I will
knock him down." He did not ay that in a gen-
tie manner, but I do not think be (aid it in a very
loud tone of voice. Captain Macnamara laid—
" Have you the arrogance to fay you will knock
my dog down?" and Colonel Montgomery aid be
would-knock the dog down if he attacked his, and
he raid to Capt. Macnamara, " that if he was of-
fended, he knew where to find him."
Stephen Sloane, Efq. brother of the laft witnefs,
gave evidence to the fame ace.
Here-Mr. GARILOW, on the part of the prifontr,
d, that all the reit of the witneffes fhould
re°Zeed to hear this evidence, and to alk if they
concurred in the account, in order to Pave time and
trouble; but
Mr. juilice RUTH defined Mr. Knapp to go on
examining the witnefes in the•ufual way.
Mr. Sloane added, that after the dogs had been
fighting Colonel Montgomery raid, " I will knock
that dog down if be urns violence to my dog ;" or
words to that elfed. Captain Macnamara came
up and Paid, 44 If you knock that dog down, you
mull knock me down'afterwards." Colonel Mont-
gomery made ante obfervations, which I do not
esadly recoiled: he raid to Capt. Macnamara,
" This public place is not the proper place for the
adjufiment of any difpute : my name is Colonel
Montgomery, you may know where to find me."
Cipt. Macnamara Paid, " My name is Captain
Macnamara, of the Royal Navy." Colonel
Montgomery then obferved, that Captain Macna-
mara could not fuppofe that he meant any offence•
to him by defiring him to call off his dog, or by
raying that he would knock the dog down. Cap-
tain Macnamara then obferved, very nearly to this
effea-44 That he did not find binsfelf offended by
what was• pall, but if Colonel Montgomery did
fay any thing that was intended to offend him, he
would take it up with the greateft eagernefs," or
words to that clad ; but I cannot give the very
words, beau& at the time other people came up,
and defined me to fay what bad happened, which
took up part of my attention. I recoiled Captain
Macnamara nfiag the term " arrogance" feveral
times, to Colonel- Montgomery, laying it was at..
rogant. Colonel Montgomery had raid rather
harfhly, " Call off your dog—call off your dog ;"
but it did tot appear to me that he knew whole
dog it was when be Paid that.
Croft-examined by Mr. GARROW.—He did not
hear Captain Macnamara fay, when Colonel Mont-
gomery threatened to knock down the dog," that
will depend on cireumfiances." He could not
(peak to the manner in which the requeft for call-
ing off the dog was delivered.
Lord Burgher& (worn.—" I was not prefent at
the commencement of the difpute between the two
I dogs. I came up after it had taken place, and
joined Col. Montgomery, when all the parties
were about so yards from the Upper Bar. I herd
this expreffion-44 Your dog attacked mine." I
beard Capt. Macnamara fay-0 Your defiring me
to call off my dog was arrogance, and not loch
language as thould be tared to a Gentleman," or
by a Gentleman,' I do not recoiled which. CoL
Montgomery aid, 4 If you feel yourfelf injured,
you know where to find me; do you feel yourfelf
injured? Capt.Macnantara aufwered, Not by what
has already paired; but if you fay any thing which
is an affront, I will take it up as loon as any man
in England.' The Colonel aid, he had no intention
to quarrel; but that he mull adhere to what he
had jun faid—tbat if the other dog attacked his,
be would knock him down. The parties then went
away. The prifoner (aid, he as Coon fight
Colonel Montgomery es any man ip England.—
He had a fikk in his band, which he was flaking:
but his doing fo appeared involuntary and to pro-
ceed from agitation, not to be intended as an in
Cult. We all went up Pieca4illy as far as St.
James's-Area; and there was fame eonverfation,
whether the affair was ever or not t This is all I
know *boat the bufincfs."
Gots-emanated by Mr. Easataa." He aid,
that he beard nothing of Colonel Montgomery's
silting to whom the dog which attacked his be.
longed."
Charles Smith, Efq.—l was in the Park, on
Wainefday the 6th of April, in the afternoon. I
was rag lames the bank: sad the road.

few the deceafed Colonel Montgomery there, with
other Gentlemen, four or five other Gentlemen
were riding by the barrier. At that time two dogs
were fighting, :hey had been fighting before I came
up. Colonel Montgomery, whom I had fern before,
turned back and got off his horfe, and, (landing
over the dogs, he laid, he would knock the dog
down. He did not Itrike one (,1 the dogs ; they
feparated. Captain Macnamara then rude up, and
Paid to Colonel Montgomery, " If you do knock
the dog down, you mull take the conlequence, or
knock me down too." Colonel Moragt mery then
Paid, " Why did not you call your dog off?" Capt.
Macnamara replied, " No, Sir, I do not chufe to
call my dog off, and I will not be dictated to by
you or any man." Colonel Montgomery got on
his horfe immediately. He then laid, " Well, Sir,
if your dog fights mine, I repeat to you I will
knock him down, and you are very welcome to
know where to find me—As a Gentleman you
might have called your dog off." Captain Macna-
mara Paid, " No, Sir, I did not chufe to call my
dog. off. I chofe to let him tight ; and I tell you
again, I will not be dictated to by you or any man.
I ought to know, now, Sir, where to find you for
what you have already laid." At this time diffe-
rent perfons came up, fu that I had not an oppor-
tunity of hearing what pallid. I did not know Col.
Montgomery before, though I had feen him; nor
did I know Captain Macnamara.
_ _

On crofs.ex;mination by Mr. GARROW, he laid,
he was not called on to be examined before the
Coroner, he was called on to be examined before
Sir Richard Ford.—l did not go beforr Sir Richard
Ford of my own accord; he fent for me. and I
went to him. Did you not hear Capt. Macnamara
Ely, that he was not offended with what palled ;
but if he was infulted, he would relent the infult?
A. No ; I do not recoiled any fuch expreffion.
Thomas Latch, fervent to Mr. Dean, a Stable-
keeper in Bond.ftreet, gave an account of his going
with a chaife to Dover.ftreet on Wcdnefday after-
noon, of the 6th of April hill. of his taking the
chaife firft to Captain Barry, in St. James's-ftreet.
of that Gentleman pulling out of a hackney-coach
a cafe, and putting it in his chaife, and going to
No. 8. Dover-ftreet, and afterwards of Mr. Hea-
vifide, the Surgeon, coming with another Gentle-
man whom/he witnefs did not know, of their all
going. together into the chaife, and Mr. Heavifide
ordering him to drive to Chalk Farm, which the
witncfs did not know, but after Come direftions.
he drove there. He pulled up, and a Gentleman
went out. In a fhort time afterwards Captain
Barry got out of the chair*, and walked up to the
field with the Gentleman with one arm ; bat what
pall, the witnefs did not know. In a (bort time
afterwards Mr. Heavifide got out of the chaife, and
they all walked in the field together.. The witnefs
then went to the public honk and got Come beer.
He raid, that afterwards Colonel
was brought down, and that was in abtitiatirrenty
minutesor half an hour after they went into the field.
Daniel Farrel, a poll-boy, belonging to the
Three Kings, in Piccadilly, gave an amount of his
going with a chaife to Chalk Fann,alfo at thermos
time, and his feeing the other chaife there. He raid
he law the parties in the field at Chalk Farm he
did not hear a word fpoken ; but after they had
got into the field, be heard the report of a piftol
fired ; but not more than one. He few two perfons
Rending, juft time
before the of the *report, with
piCiols in their hands. and there was Mr. Heavifide
and a Gentleman with one arm : there was one
Gentleman who might be Rending three or four
yards from Colonel Montgomery, and another the
fame di Rance from Captain Macnamara: he raw
Colonel Montgomery fill, and he was with him in
a moment, as he might fay—when he came up,
Mr. Heavifide was there, putting a bit of lint to
the wound; and another Gentleman laid, that
Captain Macnamara was wounded. Mr. Head--
fide defired a Gentleman to put big hand to the
wound, with the bit of lint, while he went to
Captain Macnamara to put a bit of lint on his
wound. They did not both fall : only Col. Mont-
gomery fell : Col. Montgomery did not die then
he was carrird up Rain, an the houfe near the
place ; Captain Macnamara was helped into the
chaife, and taken to Blake's Hotel,in jermyn-Breet.
It was almoll dark when the Gentlemen came oat
of the field.

James Harding Rated, that he rades in St.
James's-greet : he was at Chalk Farm on WedneCt
day evening, the 6th of April, and Caw the parties
in quellion, Capt. Macnamara, Cal. Montgomery.
and other Gentlemen ; they acceded Primrofe hills
he did not know what the butiners was at aril: ha
followed them. One of the party. he thought Capt.
Barry, defired a fervent to bring the cafe out of the
port-chaik. It was then about half paR fix o'clock 3
he was about 5o yards diftant from the partieson
the Hill : he law Sir Wm. Keir and Mr. Haat•
fide in Come private converfation : tome of the
other parties were alto in converfation ; he law
them prepare the pillols, but could not email,
tell which of them 3 one of the piftols was preys-
oufly difcharged, for the purpofe, as he &proofed,
of afeertaining what condition it was in : he did
not recoiled by whom. The parties feparated s
the dißances were taken : Col. Montgomery and
Capt. Macnamara both fired : they Rood at the
dißance of about 15 or :6 yards—they flood face •
to face : both the parties fired about the fame
time : he Caw Col. Montgomery fall--Copt. Mac-
nature did not fall: the witnefs then went up m
'h. parties : when he came up, he obferved Ca.
Montgomery lying oe the ground ; Mr. Heavificie
was "(filling him. He opened Col. Montsemaye
waißtoat, and looked at the wound. Mr. Heavifide
adminikered what relief he could to him. While
Capt. Macnamara was bleeding, the swims& did
not recalled to hear him (the prifoner) defire Mr.
Heavifide to go to the &Mance of the Colonel.
The wit:nets salted in carrying Col. Montgomery
to the hackney coach; he, the Colonel, teemed at
that time to be quite loft; he was groaning, 4nd
bis eyes were fixed; be had every appearance of
a dying man. Hr doaryrtadp far the corgis of
Col. Montgomery.
Lord Burgher& was called up a feeond
tittte—
He fisted (as a requiftte formality) that theChril.
clan name of Colonel Montgomery was Robert
that he afterwards law his serge, which was dist

of the identiealCol.Montgornery who was engaged
in the quarrel with the prifoner in the Park.
Mr. Kt 4 A PP-.4 My Lord, this is the cite on the
pat t of the profecution."

THE DEFENCE.
The prifoner, on being ailed if he had any thing
to fay in his defence, role up, and begged permit--
lion to read to the Gentlemen of the Jury and the
Court, a written Defence, which he had prepared.
This he was allowed to do, and to keep his feat, on
account of his being liill very weak from his
Wound. It was as follows:
" Gen tkmen of the Jury—l appear before you with the con-
rotation that my chandler has already been delivered, by the
verdict of a Grand Jury, from the (hocking imputation of
murder ; and that although the evidence againit me was laid
before them, without any explanation or evidence of the kola-
not s which brought mc into my prefent unhappy Gtuation, they
made their own imprelGon ; and no charge of criminal homi-
cide wan found agamft me. I was delivered at once from the
w hole clicdt of the indidtment. I therefore now Rand before
you upon the inquiGtion only. taken bet IV the Coroner, upon
the view tithe body, under circumftances extremely affeding
to the mind of thole who were to deliberate on the tradadion,
and without the wee...icy, which the benignity of the law i
aja4, me at this moment, of repelling that inference of even
refentntent againit the deer:Jed, which is the foundation
of :nos Willett of manflaughter.
origin of the difference, as you fee it in the evidence,
was Magnificent :—The beat of two perfuns, each defending
an animal under his protection, was natural, and could not
have led to any ferious confequences. It was not the deccafed's
defending his own dog, or his threatenieg to dettroy mine, that I
led to the fatal wait mpbe : It was the defiance alone, which
molt unhappily accompanied what was laid t words receive
their interpretation from the avowed intention of the franker.
The offence was tome! upon mc by the declaration, that he in-
vited roe to he offended, and chalkttgeil me to vindicate the of-
Rote by calling upon him for fati.faCtion. • If you are offend-
ed
with what has pared, you know where to find me Tbefe
words, unforuinitely repeated and reiterated, have over and
over again been conadered by Criminal Courts of Juftice as
Nacho nt to fupport an indietment fur a challenge. Tbefe Judg-
uses to of Courts are founded upon the unnerfalundentandinp
and feelings of mankind, and common candour mutt admit that
an Meer, however d fic-os to avoid a quarrel. cannot refute
to underitand what even the grave Judges of the law molt In-
urpret as a provocation and a defiance, I declare, therefore,
molt folestinly, that I went into the field from no refentment
asaioit the <Wrested : nothing, indeed, hot Witty could have
led me to =pore my own Meta fuchinutainent pero, under the
IMP* of pagan, from fo inadequate a cafe as the evidence
before you exhibita, when kparated from the defiance whkh
was the fatal (ounce of mikhid, and I could wen have over-
looked not too, if the world, In Its prefent Rate, could have
overlooked it alto. I went Erato the field, therefore, with so
determinstioo or defire to take the lik of my opponent, or to
cxpok my own. I went these hi hopes of receiving Come loath-
ing fatiskellen, for what would otherwife Inset:pored me, in
the general feelings and opinions of the world. The deeeafed
was a man of popular manners, II flew hued, and with a very
Ppm' acquaintance. I, ent.the other hand. was In a manner
a ltrarger in this great tbwo, having hew devoted, front my
infancy, to the duties of my profeffson in &Rant fens. If, under
there eircumfiarees, words Whitt the &ceded intended to of-
festive, and which be repeatedly Mirka to be relented, had
been yaredlty and! .bmitteri so, they would base paged from
south to siontb,have been even cemented at every repetition,
and my honour mutt have been loft.—Gentlemen,l am a Cap
rain of the ark* Navy. My character you can only hear
hobs others; bet to maimdiu erg chandler, Is that nation, I
asst be rehollet Wtaa salad ape, m lead ethers into ho-
sourabledseger, I ash not lafitypofed to be a snag who had
(ought kitty by fubmitting to what cultonassa taught others to
confider as a difgrace. I am not.prefundug to age any thing
whit theism; of Goo, or el this lent I know that, in the
eye of RAW= and Ream andante to the Ism, thews.'
Whit the Deseret taupe* the world, is the IA hay, sad
aught to be the rule of alien : but. io putting a sonftroeion
'ion my modem Co u to afewtain the quality of my aliens,
you will make alloeranees for my &salon. It Is impallbie to
&hoe in seems, the proper fathom of a reambosan t but their
*Pauses Lye reppeatod thisbaypy aitottry far may ages, and
he insight pal& if they wax 1011.-43entlemen. I will detain
you no longer : I will being before you many konourabk Fer-
rous who will (peak what theyhnow of me in ury paellon, sod
la primes life, which win the baser enable yes to judge, who
what I lure Asa in my defence rosy fahly he noshed by
you as teak. Uattlemen.l hamar =OM aultely to radar
Lento I hope to ohmic my liberty, through your verdid3
and to employ it with bearear in the defence of the liberties of
wry toiletry.
It was jedffed anneceffary to call witneffes as to
the origin of the quarrel. and therefore his Coun-
ts) proceeded to call the witneffes to eharaaer.
Lieuttaaat Hinde, cif the Fiat Regiment of Life
Guards, (aid he was is the Park on the day allud-
ed to, and was near enough to the parties to hear
what pared between them. Saw Colonel Montgo-
mery come of his boric when the two dogs began
to fight, and heard him fay. " if that dog fights
with mute, !will knock him down." The Colonel
repeated this, and Captain Macnamin a Paid, " if
you do, you mull knock me down firft." Colonel
Montgomery remounted his bode. and they both
rode op together, and the wands heard the Col.
fay to Captain Macnamara, " Sir, suAy did met yew
den tale odprer 1v I" The Captain anfwered.
" Whyleeeld joy Mate to eat ?" On this Col. Mont-
wintery Paid, " Men, Sir. if have any airs: eels,
to ow, pi/ Um where I am to 6 e forad."
Lord Hood—" I have been acquainted with the
prifoner, Captain Macnamara, eight or ten years.
I had the good fortune to promote him in the year
,704.9,
Mr. Easatws—a' Is he an officer of merit r'
Mr. Jollies Hear His merit has nothing to
do with the fubjea; I will not hear fuch a queflion
silted."
Mr. Easenee-44 Tell us then, my Lord, what
you know as to hisgeneraldemeanour,whether he is
a man who has always properly condo. edhimfelff"
Lord Hood—" I never heard of any thing to
the contrary ; I always confidered him a man
of great moderation and mildnefs ; it was from
the high fituation in which he flood as an officer
of merit, that I promoted him."
Lord Nelfon—a I have known Captain Macna-
mars nine years; he has been at various times
under my command during my acquaintance
with him, I had not only the highell elteem and
rdpea for him as an officer ('but l always looked
upon him as a gentleman, who would not take an
adroit from any man ; yet, as I Rand here before
Goo and my country, I do not believe he ever
gave offence to man, woman, or child, the
time I have known him."
Lord Hotham—" I have known Captain Mae•
namara fines ;794; as far as ever I iaw, and I
have had opportunities of feting e great d-al of
him, I always confidered he was dm ftriaelt gen._
tkman I ever met with he ever &prated himfeW
decently and properly I he was every thing ope
would wills in& companion."
Lord Minto—" I have the honour of knowing
him lime t7Bj, and to the beginning of 1797;
had oecafion to be frequently 'en board the fleet,
and have often fern him on board the fhip he
eassntaided ; and have bad frequent weal-tons of

being in his company. In private life, front the
opportunities I had of obferving him, I thought
hint a lively good-humoured companion, and I
never heard of his being a captious or quarrelfome
man, but the very reverfe.
Sir Hyde Parker—" I have been acquainted
with Captain Macnamara fince the year 1790. In
the fituation I was -4.rced I had frequent opportu-
nities of feting him ; he joined us in the year
1790 ; I never heard of his quarrelling ; I fre-
quently heard he was that fort of man who would
not receive an infult ; but that he was far from
being difpofed to quarrel ; he is an honourable and
refpeetable man.'
Sir Thomas Trowbridge, erne of the Lords of the
Admiralty—" I have known Captain Macnamara
for eight or ten years; have been its habits of in-
timacy with him. I have always eonfidered him
a very eftimable charaker. and never law in him
any difpolition to quarrel."
General Churchill had known the Captain for
two years. His acquaintance with him originated
in the Weft Indies, by the introduction of a friend
who ellimated him from his known good character,
and thought his acquaintance was, on that account,
well worthy of cultivation. The witnefs failed
with him from Jamaica, and, they were on the
moll intimate terms daring their palage to Eng-
land. He laid he thought the Captain was a per-
fon of the aricleft honour and propriety of con.
due, and was palled of great gootllmmour and
hilarity- This witnefs added, that from a parti-
cular circumliance, which had occurred dining
their acquaintance, he knew him to be very much
the reverie of being quarrelfome.
Captain George Martin, of the Royal Navy, had
been acquainted with Captain Macnamara for fix
or feral years, and always confidered him as
being very good-natured, and very unlikely to
give offence to any man, soft cautious in his lan.
guage, but not one that was in the leak degree
afraid of a quarrel.
Mr. Philips had known Captain Me for thirteen
years; Paid that. in his opinion, he wars exceedingly
good-teMpered, and infinitely more likely to make
up a dilpute than to create one.
Captain Towry, of the Royal Navy, had known
him lince the year 1790, as being a molt gentle.
manly man, and not in the traft difpofed to give
offence.

^D r. Bain had been acquainted with him for r
confiderable while, and had often attended him ;
he efteemed him as extremely goodisattred and
friendly.
C. Wright, Efq. Chief Clerk of the Admiralty,
had known him for fevers years ; thought he was
a very pleafant, good natured man, and never
taw the leasft difpofition in him to quarrel with
any body.
Captain Leadyeard raid, he had known the pri.
toner fince 1794, during all which time he efitent-
ed him a goodnatured, a good-hearted, liberal.
minded, humane, and gentlemanly man. The
witnefs never knew him gave offence to any puke.
Captain Waller, of the Royal Navy, had known
the prifoner for five or fix years. He thought
him a good-tempered, pleafant, ;gentlemanly man,
and a good Officer. He (aid, he was convinced
that Captain M. fo far from willing to promote
quarrels, was rather difpofed to conciliate, and
make up differences.
Captain Graham Moore, of the Royal Navy,
laid, he had been intimately acquainted with Cap-
tain M. for fix or (even years. He was a man
whole fociety he liked very much; he was agree-'
able, pleafant, and good-natured, and had not the
lead tendency to quarrel.
Captain Fellows had been acquainted with the
prifoner for fix or (even years, and knew him to
be a peaceable, mild man, molt aridly honourable,
and veg far rom being quarrelfome.
Mr. GA it aOw &id, he could call all the Captains
in the Britilla Navy,.but he thought it was nut ne-
eeffary.
Mr. lattice Hearn then addreffed the Jury very
nearly as follows
Gentlemen of the Jury. The pelmet at the Ear, Junes
Macnamara, itands charged with the aims of Mareaughter,
in Wool/may dikharging a peal, loaded with gunpowder and
ball, and thereby giving a mortal wound to Robert Montgome-
ry. en the 6th of April inft. of which he died. Your province,
Gentlemen, will be very Woke indeed, Musk the fad Is not
only proved by the wagers, but acknowledged by the priketer
hinafelf at the Bar before yea. The crime of Mandaughter con-
fine In flaying a man on a knees provocation; fixtenately,
very fortunately for the Whiner. we we not Dow to rumble
the mum of that provocation, for althoush the: was a redden
quarrel between the parties, yet a apaidenbk time be-
tween that quarrel and the time eighties, what the
met his death, and if the imbalt had fouad the reliance at the
Bar guilty of murder, you would have had to confider whether
there was nor fuerient time between the quarrel sod the eon.
lid, for human paean to esole.for the Law of this Laid is a
Manger to all the tied katintents of hearer, as It is called,
which carafes tick ads; molt uadrabtally it waled have
*Mounted to Murder. A great deal of (edam has horn gone
into repotting the provocation—it is uosandley to go over It,
for it is fret la meemeiro—i limn by as snare of it The
parties met I by what oppomenient Is not ma-
tide ; they fought et a eloiderable dews be paint of time
and place Man the quad, and there, as you have heard. the
decreed fell by a Met be received out of the elle Ind by the
premier at the Rae. That is not only proved ineonaclUbly by
the wheelie; bat alto acknowledged by the reliance now at
the bar before you hiankli. As to all the madame which he
has called for his charade, howorer high that may Rand, it
ought not to leuence year %reedit% though, perhaps, it may
have an hewn= an the ketence aturwaraf robe pronounced
—the only preemie you hove is to Cay, whether the decreed
did, or did not fall from the bond end ad el the pitimer at the
Bar ?—that he did Is 'ppm molt clearly, both an the memos
and the peewee own admillen before yous—Coatielar Orme
verdict, Geratemea."

The Jury withdrew, and in about ao minutes re-
turned a Verdi& of—Nor
Captain blaenansara immediately bowed in the
molt refpeaful manner to the Court and Jury, and
leaning nr, the arms of two friends. was Allied
from the bar. When he left the Court he retired
to the Louie of Mr. Kirby, where he waited a Ilion
time, until his brot:.er's carriage tame to convey
him home. A great crowd followed him to the
door of Mr. Kithy's houfe.
The Court was principally filled with the friends
of Captain MacNamara. The tellimony of the No.
ble and Gallant naval charafters in his favour was
given from different parts of the Court. Some of
the Officers were in the Gallery, and (poke from
thence.

Captain Macnamara is above the middle fine,
rather fiout, and of a good figure. His corn.

plexion is dark, his featuretinerkeJ and ezpre&ve,
manly,and at the fame time handfome.
was
drelfedin a dark olive format, lined with velvet at
the breaft. His appearance was altogether elegant
and prepoffeffing. and he had very much the air of
a man of ration,• Hit deporment was model,
without betraying• arty want of firmnefs, and his
whole conduft was Ilriftly correß. He looked very
pale, and this, added to the other circumilances,
rendered his appearance highly interetting, and
made a deep impreffion in his favour on every pet--
fon in the Court. Lord Nelfon fat on the Bench,
and Lord Hood in the Ordinary's box during the
trial.

Ten other prifoners were tried, two of whom
were capitally conviCted, viz.
yowl Law. for ftealing two pocket books and
two sl. Bank Notes, the property of Matthew Jen-
kinfon, privately from his perfon.
gobs, alias Archibald Dew, for ftealing a trunk,
containing Whim, and otherarticles, the property
of John Turpin, in the dwelling houfe of the Hon.
Margaret Gage.
Five were convicted of felony, viz.

, -
Malihew Chap:cum, for flealing three half guar-
tern and feven cptartern loaves, the property of
W. Hill.

Jeremiah Harviitu,for !haling a quantity of pork,
the property of J. Hall.
kfizabeth Ta.rlyr, for haling (even tea fpoons
and other articles, the property of J. tut ke.
Yoh. nompfen, for fiealing a pair of (hoes, and
other articles. the property of F. Collins.
Timmer Witmer, for Realing a metal watch, the
property of Mary Wheeler.
And three were acquitted.
Laurence Rzlin was tried before the Rsco■ora,
charged with forging and uttering a Check for 381.
9s. upon the banking•houfe of Harrifon, Pricket,
and Newman. purporting to be drawn by John
Smith, of Deptford, with a view to defraud Wm.
Guy ; from the prifoner'sconfelEon when taken up
and the evidence of fevers] witneffes, the forgery
and uttering was very clear. The prifoner made
no defence; but called a witnefs, who prayed there
had been filth a man as John Smith, of Deptford,
as defer ibed by the prifoner, but who died (ince the
prifoner's commitment. The jury retired for fome
time, and returned a verdift—Not Gritty.

LONDON MARKETS.

CORN-EXCHANGE, FRIDAY, APRIL 2s.

This morning fry* fipples of Wheat were rearm, and the
trade dull; heft quality fupport the price, but other farts are
cheaper. Batley and Mak, link variation. Hans Deady as
before. Wbite Piss were on the decline. There were but few
Oars. which fold a trifle higher. Flour was plentiful and prices
as before.

Whert sea to sla SU Witita Pats 345. to eat
Flee s7t to pm Beam sits. to 33a 16. 1
Rya 3u. to 30. Ticks sp. to am.
Barley scs. to sea. 64. Oats sµ sea ssa.
Mak eca to w. 6d. Pahands ant to 225. 64.
Fine cfitiesm to oa. Rape Seed pl. ts 34 per lift.
PRICR OF FLOUR.
Fins rear els se 475. liana& ICo• to 4P. PIT lack.
UXBRIDGE.
The Coln Infpaßees Rases an Timidity. April at.
Wheat sal. Oa to set. p. Deans al. sos. to iL s6s.
Bashi sl. 3s. te 11. 6.. Pies IL ilk. to el. ce.
Oats a.sato IL 7s.
Pa icz 0 HOPS.
Kent 31 os to SI Ss ltem 61 is to tol of
Safes sl os to 71 sss
_7 Saes 61 os to pt co
Wm SI Os to 71 ens) "I Fate sal os to tat Oa g
SMITHFIELD. April as.
To fink the oral—pa Item of Vb.
Reef es &A no s iO4 real p44to p ed
Mattes
Ma 58 ed to 64 ed Perk es 44 se p td
Lamb 75. to pa. 40.

MAD or C %TILL 101$ DOT.
leas Moot 0c0..-Shag aod Lamb SP=
NEWOATE and LEADENHALL, April $l.
Per Rom of 81b. by the carafe.
Beef 34 Sd to aa 8:
44
4( Veal 41 44 to 68 41
Maw 4a id to 50 8d Pork 40 4a to St
Lamb 7a. .to es. od.
PIUCE OF TALLOW IN LONDON.

Tow. Tallow 76s od to os
Rolla ditto (ca.) 74s od to 7.58
Rolla ditto (foap) 63s to 6pe
Melted Sae sts od to 596
Ditto rank 42s od
us 5d Craves 141 od to es
Average Price es sid Good Dress zoo to 06
Yellow Soap. 711 s. to os..—Mottled, s6.o—Card, pa.
Price of Catena pa doom. t :a 0d...-Moolds, ras. od.
PRICE OF HAY AND STRAW. April
Smitadeld. St. juscs's. Whitechapel.
O. Hay 5 85 a 6 15 4 o oto 7 0 0 4 to to 6 10 0
Straw 1 110 1 3 sty oto 1 6 o t t6tos 6 o
Clover 4 10 to 7 • 6 6to 7 7 0
C0A1.3, April IS.
Ben Coals la tM Pool, al. 31. 6d. per Madras.
Delivered sl. 12s. 6d.
Iletsdalutd, tL t ps. od.
Delivered al it. od.

St. James market al 6.1
Clare Market as 64
Whitechapei Market
(per Moe id tib.) as pi