The Statesman.
London, England, 1822-06-14 00:00:00

HOW414016.1.1111116‘..1"1"
ilniiikrma4,._X 41.7 jr#,

%. lad poet osedi. every
&aka Cheery Azusa. Dwatriss.
galato. Csaaroak, filagewoll.
pookeidt daily.
solyikee Y. per lb.
nareallaaapoßtkra tilath,
igreSMIIII tad Elemplatols o
ad, bolorimagerilad 'y say other.
asw Net past amok. every after-
elisiosily Belem ead Roadsides
Maeekor •to Spflaby Loath.
gaoler Bohm do.
• bssalallk-RoPailb
Nowiltary sad BUi l..dhg,
amen al Mt. Mrtgas. ti=..-
Looks Tavern,
oda,.
db. Derifsepler,Plaadford.
y Bashapeeks. illartford-hrkip,
asw poet .oath, ovary Wedowe-
e.
titby, Sidalekk koderlasd. New-
taw pest boo* with a daard
ry .aparedog by way of Newark.
Ibrldes. Tadatatar. Darlisitoa,
Orpotly sod Berwkk. Passaagors
Led -ea deo journey. 'ray rest
d Boa proeeedon without any all

WI eat aver, afternoon at throi
die only. end passes through Wars
Wind Dareatry, to Use Bareees'-
eirs most morning at half-past
Itinewelvary,Salop, and Holyhead

veeleg.
Leeds light poet coach, sets out
; sad passes through BaHoek,
is, Cheatham, Grantham, Bantry,
v. Hewett, Ratford, Doncaster,
Ades Yee. Leedaheeit afternooe.
anon, Lyslogtos: Winchester,
d- rldae, Bleckwater, sad Eleg-
ance, every morning at eight;
god Horese, Southampton. by
BOUM eenveyesee to the Isle of
r, St. Melees. Havre de Grace,

ben week hope to receive a coo-
!WA has hitherto been experienced
f the " Wee." No raciest with

Liverpool light eoseh, only one
t foar aside, sets oat daily at one ;
afternoon at seven, through Wo-
usgtoe, Wilford, Lotterworth,
beeld, Stone, Neweesda, Knots-
weot.
Kwetsferd, Stone. Stallard, and
slide post-coach, (only ono night
fr at five o'clock, to the Saracen's
sepool, next evening.
lee new four Inside weak through
earn, Parton. Lydlueton, Pew sey,
try, Huagerford, Newbury and

S.
Whiteheves Post-Coach : goes
lard all the way; passes throuirh
t-bridgr, Richmond. Cattcrina,
y. Aherford, Ferryhrldge. New-
,Statefor.:, Rewtry, amebae and
morning, and performs the jour-
ty. Passengers detained on the
Mk have the peculiar advantnge
I lathe next mech.
pm to Leeds, Doncaster, Ferry-
per lb.
CO. reepectihtly acquaint their
thin they will oat be account.
siren' Lawns*. Writiogs, Plate,
lads valise. if lost. stolen, or sla
such. and the Icsarance Laid to.
Head dos. Sash-dill, Loodga,

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MR. smißrs TRIAh.

HIGH COURT OF JUSTICIARY,
EDINBURGH, JUN& W.

eiv&ese
LT ASTI NOS New Coadh threugh.TaAbrid.
~1 UM
• ILL INDEPENDENT, 'erre*/ only Tow I ffeit
NELSON'S Olfoe, the Black Ewa COM ill. of
Dortiegtoe Arcade, Pleoedilly. offeereheglieps,eir 1
Wight, and Ball lea, Aidgete. et a qobrior before silty to the
captia Hotel, Haulage. The Pmwietors hag oast respect-
tally to chtio the attendee of 1.11 aid Geetlesiee travai-
ling with their families Into Sushi!, to be greet improve-
ment le those* Coaches they have' put pet ape. the read i
they are so rteartably tow &Mut/Otis almost
olieposeible
OD
_i
evertors
IDOTHA- teRIDN.Sier.
_Oosfoe bees., theitigh
•_ _.eh. ls

1•611M711 711.11...0
Burlingtoe Arcade. Piccadilly. at half-past semetp. TI
Coach continues to Lymington and Lyndburst. and Ids•nnis-
musicales at Southampton with the Isla of Wight, Guernsey,
Jersey, Havre de Once, and St. Maloes Packets.
WINDSOR and ETON Telegraph Coach daily, from the
Bull, Aldgate, at half-past one; and Black Bear Cellar, a
quarter before three.
MANCHESTER very cheap Condi in twenty-four hours.
through Leek, Macclesfield, Derby, Leicester, and North-
ampton ; leaves the Bull Inn, Ai ate, every evening, at
Ave o'clock, to the Albloa Hotel, Manchester, from whence
Combos set out for Liverpool and all parts of the North.

Hominetn peens nostra sapit.
Our page relates to max.—MAIIITIA L.
Jed published, price as, In boards (Fifteenth Edition),
THE &GIS of LIFE; a Non-Modical Commen-
tary on the indiscretions arising from Homan Frailty,
In which the Causes. Symptoms, and baneful Effects of Lees
Ventres, Gonorrimea, Stricture, Seminal Weakness. Stc, are
fully developed; Part H. contains some remarks on cer-
tain Female Complaints, In particular Sterility ; Pert Hi.
embraces Practical Observations on Sexual Debility, Self
Abuse, and Mental irritation, with some Interesting observe-
dons on vegetable and animal life; in Part IV. Is a Series of
Cases Illustrative of the preceding subjects, explaining
them la a familiar manner, and the whole addressed to the
Youth and Maturity of both Sexes. By GOSS and Co.
Considtbig Surgeons, London.
0 Natum beads
Omnibus ease dedit, si quis cognoverit arms--CLAVDIAL
Since nearest to all the And of bliss supplies,
Its frugal application marks the wise.
May be had at 90, Paternoster-row; 50. Pall-Mall;
hi, Mmacilliy ; la, Princes-street, Soho; 34, Fleet-street;'
174, Fleet-street ; 40, West Smithfield ; 9S, Cbespeicie, Lon-
don; Stevenson and Co., Burks and Co.. Norwich; R.
r.':.::. Ipswich; Barrett and Duffield, Path ; Sheppard, Bris-
tol; Hatt, Cambridge; Headley. Leeds; and at all Book-
sellers.—Mesers. GOSS and Co. are to be consulted, as
steal, everyday, at their house ; and Patients In the Country
are requested to describe minutely the case, enclosing a re-1
mittance for Advice and Medicine, which can he forwarded 1
so any rift of the World.—GOSS and Co. M. B.C. Sur-
geons, No. 7. Jermyn-street, Si, James's; and 1 I,Bouverte-
ttreet, Fleet-street. London.

Arrangensen's had been made, by which it was in-
tended that Members of the faculty, and Clerks to the
Signet, should get access to the Court, in preference to
others; but the anxiety to wittiest,' the trial was so
great, that not one half of those who came to the
Outer House could get places in the first division,
where the trial was to take place. The arrangements
haviag been made for excluding from the Court 'the
witnesses us both sides, and Ilse dory having ob-
tained access to the Court, Mr. Stuart, attended by the
Earl of Moray, Mr. Erskine, of Cadres', Lord Lough-
borough, and a few more friends, came Into Cantu
t. the Signet Library. The Jiitt•zes present were
the Lord Justice Clerk, Loris Iler:nan I, Seceoth,
liil-
lies, and Pittnilli. The following iutlictuieot was than
read :
" James Stuart, Clerk to the Signet, lately residing
in Charlotte-street, of Edinburgh, yon are indicted and
accused at the instance of Sir William Bee, of St. Catha-
rine's, Hamel. His Majesty's Advocate, for his MA-
jesty's interest: That albeit, by the laws of this and of
every other well governed realm, murder is a crime of
an heinous nature, and severely punishable: Yet true it
is and of verity, that you the said James Stuart are
guilty of the said crime, actor, or art and part: in so far
as you the said Jean Stuart lenvieg conielved malice sag

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h, .. , IlhiSrlW-Vikilt.ti 4 .;i
ter ,t , . .
_till: *M. •
• to the timmiglitt sad Mnlre
p ..'.. :''' te Weed Meet* 014 m, .. ..
1,. ~ it a( t • gala Sit A. Boeireil. yes wick . i sad
.„.‘ *defy challenge the said Sir A. Delisoli to kW 4
du efith es; and a deemed plareof meeting haring bMa
eo , yva did, Opole Teeiday, the Pith day of March
18111,er spot' wee or other of the days of that mouth, or
a trobreary homed' ately preceding, or of April Immo-
1'
airtii y following, epos the farm of Balhertee, lo the
K., a little to the northward of the road from
dk. site of•Auebteitool to. the Bergh of Erkaldi.
',about three quarters of a mile or thereby distait
said village of Auclitertool, in the said shirr,
sad maliciously discharge at the said Sir A.
a pistol loaded with hall, whereby the said Sir
A. II was ;mortally wounded, the ball having ee-
-1 the root of the neck on the right side, and
At the collar bone, of which mortal wound the
Alexander Boswell died in the course of the
o , and was thus 'murdered by you the said James
S I AO you the said Jas. Stsart, conscious of your
gal Ilk premises, did abscond and Lee from justice ;
, bearing to be dated • Anebitileck, -Nevem.
he Inv and tote subscribed, ' Alexander Boswell)'
as " • teAti ng, i edited, ' Whig Song.' and addressed_ MI
the It,' • For Mr. Alexander, &laurel Office. OP&
(ewe a letter or writing, bearing to be dated • Dot-
keen, December IL 1841; subscribed • Ige•tes ; and
a tesitiug intitled 'James Perry, Esq., late Proprietor
and falter •
of TA. Hondas CA...tie& ' and addressed
ei Ilibels 'Mr. Alexamlfm, Beatimel'Office, °lmre,'
WVall-te lee seed in eekbeese against you at your
will be lodged in dee time is the bands et the
clerk' of the High Comrt of Jeeddary before whit=
are to he tried, that yes may hire au opportusity
int the ems; at lead, time sad place above libelled.
the eldill4it Melleadar Boswell was murdered; 'and yen
AN al4d James Stuart ate galley thereof, ester, or art
mad Oft. All whleld. or part thereof. being toned
by the meat etas Assir., Sake the Lord Jos
dee 1. . the Limed Jetties Clerky s i Lewd Commir
,r; ‘. ........),' the omit Jataillerat oaths is

iseiumitting theßthe swims to all time moist.
James Stuart beteg asked by the Lean larrics
CLARK whether be wee guilty—answered, " My Lords,
1 am Not Guilty."
Mr. Cecilia's...l de lot intend to state any objec-
tions to the ledletesent It is drawn in a peculiar
form, and contains expressions which might bare been
spared; bat Mr. Stuart does net wish to throw any
obstacles in the way of that trial which it hu been his
serails desire to meet since the unfortunate affair took
plum. I think it, however, my duty to avail myself•
of this opportunity to state what will be the line of
defence, and do not conceive that I am guilty of any
impropriety in stating it to the Gentleman of the Jury.
My Lord—This indictment sate oat by stating, that
Mr. Stuart hail " conceived mange and against
the late Sir Alexander Boswell, of Auchinieck, Bart."
and that under the 'deuce of this feeling he had
challenged him. So far all is consistent—baring
malice against that individ eel. it is at least consistent
he should have formed the unlawful desire of chal-
lenging that gentians.. But the indictment gone@ to
state, that be notonly formed the design of challenging
Sir A. Boswell, but also ether persons. The indictment
goes on to state, that Mr. Stuart repaired to Glasgow,
to obtain, through the medium of Mr. Borthwick, sun-
dry papers end documents which were is the pre-
miles in Nelsos•street, occupied by Mr. Roht. Alexan-
der, editor and proprietor of The Glasgow Sentinel
newspaper. and that be received them from William
Murray Borthwiek, who was then is prison—that a
combat took place, in which Sir Alexander Boswell
fell, and Mr. Stuart. conscious of his guilt, bad ab-
sconded. Now. my Lord, all these statements are
pointedly denied—they are statements of which therr
can be no evidence; Mr. Stuart bad no motive to eh-
'coed ; he was actuated by no conscious guilt, and did
not abscond or fly from justice. That Sir Alexander
Boswell met with his death at the band of the prisoner,
we do not professionally admit—we call on the prose-
cutor to prove it; we do so chiefly that we may have
the benefit of the evidence. I cannot enter upon the
question without begging the sympathy of the Jury.
In the first place, it was one of the misfortunes of
this affair that it is connected with politics, and
which cannot be viewed without exciting prejudices.
I will not go into this matter one iota—bat pray
that our duty may he ascribed to the defy of our
situation, without exciting prejudice. It is another
gri misfortune of this use, that justice cannot
be done to the living.. without casting a shade es the
character of that gentleman whose unfortunate loss
hes occasioned this discussion—upon the memory of
one whota unfortan its loss we cannot repair. lam
inclined to ascribe the conduct of Sir Alexander to
the unfortunate propensity for raillery, for which
he was so fatuous, and I am sure in saying so, I
state no more then his best friends will allow, who
must attribute it to an unfortunate propensity. In
trying such cues, it has bees laid down by the gravest
Judges. that reference must be bad to the rank end
character of the accused. 'l•he unfortunate man it
the bar is of unimpeachable character. and a gentle-
maa—he is uncereinveiessly designed in the indict-
meet " James Stuart" He is a gentleman connected
with some of the first families is the land—with thes

.I

r
ii liai,'S•4l..iii;l,lll.,isao;tio4s: Qittbie sib)!" I
seig,pii• fame* titua la sep,lbai be h aim siippaeted
. .
brimeibbesetatila supeeemats &Ali. bettor oflteetiy. • '
*be imadeelinad die privilege at *daps, Hsi Wick, •
Mad imeceseui babappsit isiieleils 1 *if beateM•l4
ss•lmmpllialedeead to ids. aeasseitSt of proviep.•tvent no •
IMO befigg awls wade, OP •leitbie ictisme Otilkireft ,
ihaelkla fattest tbaniniet. 'llol..aat &Nil. ork ity
016140" Ir fiNIPAIIM daibli eittliiii oballatil; sw it•weild
appear 1 inta.eadalgleg limit eineetepaso MON Be-
ceitroy. New. my. Lord,. tee "Apia' I petaliasity of -
Mr. Stiart's abararter. Is tit Isaalalimmits, if propels-
thin to quarrel, mei the isowiiesiol if that peatterni-
mak weigh tab Mira 1 - •roi';etlier eecatioatt. He
ON bees raseeted si 'is .4entesfat pea taker t
amid be who le mewed AY an otheemeteasiess
ptevented ethers etie he iii -do same 'ldiocies
We dim sit Mesefeeltediu.bwi perii a keg esio•
• -
a art seigiat
'''..4.li::": *** eV- amiew, . 1!"-IF-•• . '
..
._. ... ,
d' • --intbieg se ie. Tbia.
Stellar einitiMiart t aid that mai, orps ' be- 4
avoissi.liisidoiLitt. Suiteimm. . dow thrtssuied it
is bossettrial. lie it settled right or snow ask pay.
it is Mackin Abet it was termiaated and ailieted is
July 1621. After that *as over. sere sea 1. is sews-
paper had a right to take, op the inure!. .iiir. Stuart. -
boasting the kieadship, and walking arm la arm with
;be first people.olie were. his friends, was made a com-
mon butt of. Mr. Stuart ought not to be eldest:out-
man butt for the scorn of the public. There wars
attacks made npon the panne) so very degrading that
the Learned bigot. thought there could he so printers
to print, nor readers to read llUtil Isognitge. sir. ' .
Stuart was stigmatised as a Lolly, a skalking ors- ;
ard. and a dastard. ' Hr, instead of rashiag to
arms, applied for legal redress; but even that au,. •
denied` him. That paper at last posited to it.
closet when a newspaper, called Tire Saltine!, psi set -
'p_ is Mitigate, ander the auspices of alitferent men!
din with whom Mr. Smart had at' t aaaaa etion; bur,
in the first number of that paper, Mr. Stuart was at-
tasked—be was accused of meanness—called a knave,
apt aleartlest ruffian—the intolerable word to a liti-
dab pantleatas, a coward. He again applied for legal
redress. He raised a summons of damages against
the known editor. The summons cause to the Cann
of Session, sad was remitted to the Jury CoUrt. Even
in the law-papers, be still was striematised fur breah-
log these lave, the observing of which brought him to
the bar at this moment. There appeared in Ile Scd-
tied an article twitted. " A New Whig Song; atm-
tiper, a letter, gigged " Ignotas:" another... Stark
Yid." and asothet; " The late Lieutenant James
Stuart." The panne! was aware that these were not
the prodactioas of common peyote,. Joht were set
fbrtia with prwarfurtaleat s and the* paper was

They cleft that heart against which they were directed.
Atlas& thenefurtustate day arrbred.when the author was
discovered. Upon a Saturday, Mt.Staan was walking
in the adjoini•g hall, when be was addressed by a
person who introduced himself as the private agent of
Borthwick. He told Mr. Stuart tk;pt Borthwick
was willing to give up the minor of tits paragraph.
against Mr. Stuart, in order to screen himself. Mr.
Stuart west to tilaegrow—he did not know that
Borthwick had no right to give up these papers. if
Mr. Stuart had not arcep:ed, he would be again
attacked as the mean fellow—the skulking paltroon
--o-the coward. He (Mr. Cockburn) had the authority
of the former and succeeding numbers of that paper
tor making such a statement. lint Mr. Borthwick
was entitled to give possession of the papers. Mr.
Cockburn then entered upon a statement of the die-
ce‘slon between Alexander and Borthwick, and en-
dearnete I to prove that llorthw•ick hail the right of
d Amin of lb* papers as be thongs t Yr.
Stuart. however, bad so communication with Borth-
wick; he did not pay the debt for whirl Borthwick
was Incarcerated. If the propriety of Mr. Stuart's
canduet depended upon Borthwick's being entitled to
give him these papers, the■ be is perfectly acquitted.
for Borthwick had that right. Mr. Stuart upon gain-
jog possession of the papers, discorered that Sir Alex-
ander Boswell, a person whose talents he admired,
who was distantly related to him, end of whom he
never spoke ill, was the author of these libellous pa•
✓agraplos. If Sir Alexander was informed that Mr.
Stuart wrote against him in another paper, his infor-
mation was completely false, for Mr. Smart never
wrote anonimously in a newspaper, except in a discus-
sion concerning a ferry-boat. Mr. Stuart found him-
self thus libelled by a person distinguished for his
rank. Mr. Stuart could not avoid doing what he
did. Mr. Stuart consulted ',mai honourable and
amiable men. Mr. Simon made to Sir Alexander two
propositions, which he, Mr. Cockburn, was astonished
he cid not see le to. Mr. Stuart as)crol Sir Alexan-
der to deny being the author of the song; Sir Alexan-
der admitted he was the author. • The other was, that
Sir Alexander should say he was swry fur it: and it was
a sgail•, and they would be friends. Sir Alexander's
answer was, " I cannot submit to I.e cetecioised."—
Wait a duel to be avoided after this ? Sir Alexander
himself has left evidence behind- him what he tloooght
should be dune. Ile ordered all hie MSS. to be de-
stroyed; but he left the additional Message, that if
any min called upon him fur pm rsonal satisfaction,
yon should give np my name. WI hen Sir Alexander
treelved the messaloi from L .rd Rosalyn, althonglo be
did not know what it was about, lie immediately ap-
plied to • friend to become his second; be knew he
had rendered himself liable to be called oat, and pre-
pared himself for it, before a direct communication
was made to him upon the subject. He wrote to an
honourable friend at London, Mr Robert Macionno-
chic, -eying that he would give satisfaction to any
poison Ile had injured, rres should that person be James
Stuart. The character of the seconds were highly praised
by Mr Cockburn. Sir Alexander proposed the affair
should take place on the Condisent. He again resolved
to fight in Ragland, solely for the purpose of maple;
from the law of the country ; at last he arced to fight

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