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

THE STATESMA'

)W4bseesaley, arm ►eieg advised by a legal friend
lima be was as safe in the heeds of the Lord Add►,
rete, wise was a uontlemas, as is these of as Ear'
list. Jury. Mr. Douglas. whose tended was, each
.that it teas a pleasure t. dwell apes it. pet the gum
ties to him, whether dm wild adealwite !mete these
gas fees with ft* bad bites** at me►ely se a equih.—
Sir Dievaeder sleek Ms beat, bad said " It was im-
-ansil►ia.•' The parties Demi at the sued liar, and he
(11".-E.) Weed say so mere.--;Here Mr. Stuart mussed
mew asoeh aliteted.)--Mr. Stuart camels Illinharg6,
• rod left word at the Crawls-Am that wimmover be was
mauled he would dais* Modell up. He was *otiose
•e trial should cuss or. fib brat *eat to Imodon,
thee to Bream. Acre was.abt a friend the deceased
bad Mist liritutseh Pageant anguish at ilk heart as the
pant!. Tie Learned Geatleman laid, he Weald mot
ester *pea the law of the ow, which wield be done.
by abler pewee; bet the law ellSenstlead. Isaias was
branded epee benseairy stud common mese, ben
&aria except where the triad was guilty. Was the
mina of the gentleman at the her guilty ? Mr. Cock•
horn concluded a very elequeut speech by stating, that
Mr. Stuart acted leader a moral netiosity ; and that
a verdict of Not Guilty would he meet grateful to hu-
manity and more ameansat to abwiswe.
Sea:mums.° m N AAA u—As objectless bad hoes
stated to the rele►aoey sf Na iradietemat. IM had
troddeet is say ie reply. . / • i , •
Leti Beam A711).•.-•Mr. CaeitbseVe 4101140 41Pea he
the emiaideration of the Jury..
Lied Oraitaa—The charge was nepreledimiii—.lt
tharded Mr. Stu►rt with havier formed 'wedge to
athere of the lieges besides Sir Alexeader
Boswell—that had so ceases:oa with the case. and
should be straek•lll.
. Lords Puss:ILLY and St:cll.-11l were of the same
epistles.
Loan JUSTICE CLERK coincided with Lord Gullies
in.thiolting that the words shield be struck out.
The Loss JUSTICS CLEI:k tben had placed before
him a list of Anise. consisting of 45. From that list
his Lentil:lp selected the following iedivideale to eon-
•titete a Jury :—Thomas Adis:Bton, of Carcant ; Wm.
Parse. of Li ohorn ; John Waschope, of Edeurnstone ;
Alszaed.r Charles Maitland Gilman, of Clifton-
>.•ll, Bart.: Sir John Hope, of Craighall, Dart. ; James
•-, 'bats of Saeghion ; James Haig, of lacbrin; Jelin
Tbeeisee, o' Burelsonse ; John Anderson, of Whit-
burgh; Sir James Wyatt, Bart. of Diens; James
Dundas, of Dundee; David Brown, clothier in Edin-
mire ; Robert Paterson. ironmonger there; Thomas
Mar Bitchle, wine-merchant is Leith ; Wm. Telfer,
merchant there.
The Earl of Rossiya being sailed, deposed as
fol lows :
He WAS sees*, to Mr. Stuart, and was present on the
!ate mei:unholy occasion. Being requested to state
the etraimstances, he said cm the 25th of March last
he called en Sir Alexander Boswell. sad told him be
had come at the desire of Mr. Stuart, and that Ilr.
Stuart had come in po ion of certain papers, some
of which appeared to be in Sir Alexander's hand)

ing. and bore the post-mark of Monet
eao•fter post-mark of tilasgow. Some of
1,1 to be originals of papers published in
Seethed, t tne of them partieglarly, a •
ing elleeioas disrespectful to Mr. Stuart'
eiturgieg Mr. Swint with cowardice.
P‘ftere et re was • letter to tie editor of t
signiel A. Boswell, containing some praise
and otkfr papers reflecting on Mr. Stoat-
ifs thefieedwriting with the letter which .
signature. The similarity of the handwriting mod of
the post mark furnished so strong a presumption that
Sir Alexander was the author, that be thought it pew'
per to ask Sir Alexander if he was the author, or if be
bad mut them to the newspaper, stating at the woe
lime, that if Sir Alexander could say that be was set
the author, and had not sent them to the newspaper.
that would he conclusive, notwithstanding any evi-
dence :4/ the contrary.
The SoLiciroa-flontaat..—Was any other person
present?—No. Then what was Sir Alexander's an-
ewer ?-11e said that this was a delicate affair, and he
thought he ought to have a friend present. Witaess
raid be thogglt it very desirable. Sir Alexander
went away, and retuned with Mr. Dunks, when
witness repeated what be bad previously said. Sir
Alexander and Mr. Douglas desired to confer toge-
ther. Witness went away, and when be returned,
found Mr. Douglas alone. Mr. Douglas thee said
that he could sot advise Sir Alexander to give any
answer ; that Mr. Stuart was in po ion of the evi-
dence nu which this application rested ; bet if this af-
fair shffeld proceed any further, there were two pro-
posalo which be bad to make :-1. That so meeting
shfaald take place within 14 days, beams@ Sir Alex-
ander had mime family business to dispose of. 2.
That the meeting, if any, should take place on the
Continent. Witness had no hesitation in replying,
that up these conditions be timeght the terms were
suds as would be agreed to. Ile had copies of the
utannecripts and ropers in his band when he called on
Sir Alexander. He had a song and a paper steal
" !genies." He thought the snag of far the mere in-
pomace, beanie it contained two direct impotatioss
of cowardice. Ile considered Mr. Stuart's character
implicated by those papers (which being shewn the
witness, he identified them is Court.) Mr. Douglas
said he would not advise Sir Alexander to make any
sesame at all. Witness afterwards saw Mr. Stuart,
and proceeded immediately to Mr. Douglas, and
awed that witness was grieved that no alternative
was left to Mr. Stuart ; and Mr. Stuart agreed to
both the conditions stated by Mr. Douglas, namely.
that delay of 14 days, and that the meeting should be
upon the continent ; sad it was stated that Mr.
Douglas so soon as it should be unmake* fire,
Sir Alesaader to be is London after "titling his
business, witness should hear either from him
or Sir Alexander. Witness said he should advise
/Of. Stein to have argent business is London, and
tar proceed there without delay. Witness said that he
shoedd he also there on or before the 6th of April.
It was agreed that all subsequent arrangements respect-
ing the meeting on theCootteent should Unsettled when
all the parties were in London. Witness then asked
Mr. Douglas if there was any possibility of not carrying
this stair ally further—that Mr. Stuart would be eon-
toot to treat the song as a very bad joke on hie part,
provided Sir Maximise wouldsay that be did sot steed
say rellesties es Mr. Stuart's courage. Mr. Douglas
said Iho hod no hope that Sir Alexander would say asp
sods thing. Wham lett Mr. Dose's to Moro to

este. to Hos ellbleitstiva that oviity thong- was filially set-
did. The bent tree ready. bet Wore he embarked. he.
was seamed by Mr;•Douglas, who said Sir Alezandst
Dal takes the advice of a legal friend. and in near
Amite thought it no Wager necessary to ea td the tow
wheat, sad that he preferred to hams tire meeting is
Scotland. Whitest objected to that, as there were ma*,
cirtumetanees that rendered it desirahle that the meet-
ing eboold sot he in Scotland, and healioliiil expect the
appoiatineat of the place of meedag to be reserved ill
the meeting in Leedom. Gest reuses he named walls
that he tbourht it possible Mr. Stuart might already
have set oat for London. After some disenssion, Mr.
Douglas returned to Edinburgh. saylog at pianism that
at any rate, if the meeting took place'. France, and Mr.
Stuart fell, Sir Alexander could not he imaged for it.—
Mr. Brougham called on witness next morsir.g at about
from i quarter to eight to half-past eight, and stated
that Sir Alexander bad been bound over by the Sheriff
of Edinburgh to keep the peace. and that it had bee@
settled that Sir Ale:easier sad Mr. Stuart ;Meld meet at
Aucbtertool that mornieg.and requested witatesto meet
Mr. Stuart, which he did. He went there. and hail some
cooversation,and fixed on a piece of ground near the road
side. Mr. Stuart and Sir A. arrived in carriages, and
got out at the place thee bad heel upon, be beiieved
at ten o'clock. The pistols were produced by Mr. Doug-
las and witness, Mr. Douglas received from witness the
measure of powder for each piatul, and the bell. and
rammed them down. There were but two pistols, of
which Mr. Douglass took one, and witness Abe other.—
The Invalid was measured, 12 very king panes. The
pistols were delivered to the two parties seepectively, one
by Mr. Mingles and one by me; and it was agreed that
they idiould fire by a word. Mr. Douglas looked upon
bins to give the word, which he (niteese); did, gad
they fired. Sir Alexander fell. livery possible insist-
mice was afforded to Sir Alexander. who was aided by
medical assistance and Mr. Brougham, who dueling this
transaction remained upon a hill. Mr. Stuart advaseed
with great anxiety towards Sir Alexander, whole sites-
tioo arid necessary treatment readered it impossible for
Mr. Stuart to speak to him. Witness hurried Mr. Stu-
art to go away. Those who remained. together with
witness, tent their assistancelo convey Sir Alexander
to Bahouto. Before any thing took plate en the grbilltd.
Mr. Stuart asked witness if it was *Wit that he
make a bow to Sir Alexander, awl express his wish
a reconciliation. Witness thought it right. Mr.
advanced towards Sir Alexander, apparently fee
Ifilai
purpose ; Sir Alexander's back was then turned. sad
appeared to be walking away from Mr. Stuart.
fly Su LI CITOR G r.nt SRA L.-. Mr. Wood, Mr. Liens., Dr.
Johnston, of Kirkahly. and indeed every penis who
was there, aided the deceased after he was wounded.—
Nothing material passed between Mr. Douglas aid him,
on the field, relative to a reconciliation. Vertaialetit:.-
nets felt every day disposed to promote each an
if such a proposal had come from Mr. Douglas; bat
after what had passed between Mr. Douglas and him the
day before, he confessed that he thooglit the ease was
desperate.
Cross-examined by Mr. Jerreer.—Witsme was wad►
lied is his own mind. that the letter sigaed " !vistas,"
sad tie letter containiag the song. wore is ten same
bead-writing as that bearing Sir Alexander's elpiatan.
There appeared some slight dilemmas balms the
writing of the sang and the letter. bat as though is-
tended to appear so by the writer t and upon isoosidee-
shoe ha was led to conclude that they was thisipme.....
The paper was of stiffs/eat six., the one beteg cast%
the -other folio. The water-mark. sad piesalakarit of

isms contrary.
he should have advised any friend to have asswered
question, bad he not knows the author. Witnese did]
sot know that Mr. Douglas said that Sir Alexander WO'
the author; at least he considered it so understood, as
well from the previous evidence in his possosaios. as
from the conversation which passed on the tweakso.—
From the whole of Mr. Stuarts coodact throughout the
proceeding, titers was no appearance of personal ill will
or reseatinent nn the part of Mr. Stuart against Sir
Alexander ; but only anxious to defend his own charac-
ter from the imputations with which it bad been assail-
ed, particularly from that Of cowardice. Posed Mr.
Stuart perfectly reasonable throughout the precudiags.
Mr. Stuart's conduct, from first to last, was cool, emu-
posed, and temperate, and each as might be expected
from a man of constancy and courage. Title observa-
tion is applied as well to his conduct on the held u pre-
viousiT. On the field, witness desired Mr. Stuart to pre-
sent his side, sad sot his bust : Mr. Steers replied, " I
do sot think I ought to take as aim." The word
agreed upon was (both parties having been asked if
they. were ready.)—" Present, fire." as quickly in suc-
cession as be thought they could be gives. 'Both the
pistols went off, also, as quickly in succession as possi-
ble • but Mr. Stuart's pistol was rather the first. De-
ceived no intimation, nor had he any belief, that Sir
Alexander did not intend to fire. Such as intimation,
coining from Sir Alexander, woolii, in witnese's judg-
ment, have amounted to a declaration that Sir Ale:mi-
dst did not intend to fight: it would have been impossi-
ble for him, after such an intimation, to have allowed
any further proceeding. Never. from all his acquaint-
ance with Mr. Stuart, knew a man less quarrelsome or
less vindictive. Mr. Stuart was mach occupied in
peb-
lie busisess, and had made great improvements is the
county of Fife. Never, tkoogb field-slhorts were going
00, saw Mr. Stuart with a gas is his bud ia his life.
Mr. boughs. (Sir Alexander's seimixtrfietailipl
great length the circumstance, attending the interviews
with Lord Rosslyn, and the arrangements for the mut-
ing, but as they do not differ materially from Lord Rose-
lyn's statement we pass them bv. tin their way to the
ground, Sir Alexander consultid wiloess as to firing is
the air or not. Witness said, be (Sir Alexander) must
consult his own feelings on the subject. Sir Alexander
said, be bad, perhaps, in an unhappy soonest. enjored
Mr. Stuart, and therefore lie should fire in the air. Wit-
ness said that was exactly his own opinion. Os the
field be did not notice how Sir Alexander fired, as he
felt that Mr. Stuart was in no danger, but Le kept his
eye on Mr. Stuart. Saw him rise his arm, which ap-
peared firm and nervous, but he could not tell the di-
rection exactly in which it pointed. Both tired : there.
was just a dig • between the time of the two reports.
Mr. Stuart's was rather first. Sir Alexander fell. As-
sistance immediately was rendered him. Mr. Stuart
approached, and witness advised him is Ike. The only
words whirls Sir Alexander spoke to witness thee were,
that be regretted he had not made Isis fro In the air
mote decided than it had Keen. Sir Alexander's wound
was not dressed on the field, but at Habitue-honor, whi-
ther, he was immediately conveyed.
To.a question being put to witness by the Lord Ad-
vocate, Mr. Jeffrey objected an,' was about to blot, his
reasons, when

----. ---
Mr. Stuart rose. and addressing the Court, said he
bogged to waive all objectioos to any (petitions that might
be put by theCoonset for the Crowe, as Its wished for
the Wiest investigation.

(;roes-examisod by Mr. Cusatoonases.— Sir Airii
der had callelen witness the Seaday before he awe Lord
Reeslyd, sad'esid be 'tweeted a ehMkage from Mr. S.,
is commission of mate papers. sad amok them a snag,
Marlow been mind from the Seabee/ oike. Sir Ales"-
seder recited the NMI/ which be considered (Monsieur,
and Ultras the same as that now shown to witness.—
Oa the jean" between Ediahergh sad Qutteaofiwry,
a convention took place is ths carriage, is the pre-
sentee of Dr. Wood. On its being considered whether
there was any possibility of an amicable settlement, Sir
Ale:alder said be Mt convinced there was not; be did
set knew whether from an 'minim' that Mr. Stuart
mold do nothing else than fight, or whether (rots his
own ',salaam ; he rather thought the latter. On the
field whams went op to Sir Alexarsder. and directed
Sir Alexander to make his fire is the air as distinct as
possible, as that would facilitate as adjustment of the
dispute. He.iirected Sir Alexander to fire into the
bask in e: of the ascends. Being asked if in the
field Mr. Stuart eendected himself in every respect as
became a mats of hamar sad of courage, witness replied,
certainly. Sir Aletaader never said to witness that he
wished it to be macealed that he was the author of ar-
ticles is the &Mind.
Dr. Weed, the west witness, detailed the cirrnmstance
of his baring been called upon to accompasy Sir A. Bos-
well to the field ; be did attend epee that occasion;
he did not see any pistols fired; be Lad instructed the
other surgeon, that they ought to tern their hacks earl
not see the firing ; but as seen as they heard the report,
they should raters and ran to the spot. as speedily as
possible. The pistols were fired is quick successou :
they west to the eget and famed Sit Alexander weesded
in the tthey extracted two pieces of bone ; the
first was emcee* by himself, and the other by Me. Us-
toe. Whims dmmthed the direction of the ball, and
attended him till 3 o'clock the next day, whoa he
died. la the carnage on the way to the ground, Sir
Alexander expensed his decided opinion that Mr. Stuart
coaW have dose nothieg else but call him eat. lie else
declared his hinted's to fire in the air; and be getting
out of the carriage, be said, "New, Gentlemen,observe,
that it is My fixed resolution to fire is the air."
Mr. Boswell, W. S.; Mr. Welker, later to Sir
Josses Boswell; and W. H. Lixars, engraver, were
examined as to the Imadwriting of the " Whig &mg,"
sad the letter of " Ignotes."
Mr. W. Speldi.g. writer, recollected is the m
of March last, going with Mr. Stuart to Glasgow
Mr. Henderma. writer in Hamilton, acsompaal

them. The object of their jeweils", was to liberate Mr.
Beethwiek from prison. When at Glasgow. they had
as loterview with Mr. Berthwick, is the gaol, aad It
was there agreed. that Mr. Bortbwiek should go and
procure certain masescripts from the Sentinel office.
with a view of valeiag actions of relief against certain
geotleinew Oda' meaty of Lanark. The met more.
lag Mr. Borthwiek west to the Mice, aid mat Eff-
Aga manueeripte to the Testier-las, where they were
guipisod by Mr. Stuart. Mr. Headersoa. and himself
Moen whams who gave up the M.S.S. to Mr. Stuart.
Creemintandaed by Mr. CJCIIOOOII.—At the time that
'itethwick was liberated, witness had not the least doubt
tikat Berthwick bad a right is Me Seatind
140.01 hoard Mr. Headeracm nor Mr. Stuart express
err/ web doubt. The 501., by which Mr. ilortbwick was
liberated. was paid by Mr. Henderson. No part of that
111;1came either directly or i iretcl v from r. Stuart.
1% case for the prosecution.
witnesses were then called on the part
, writer is Hamilton t knows Mr.
been employed as his ages,. Ahead
December he wave him cereals papers. is
might get qv& of certain amities of da-
-1 swidielsergh aloe* the labialise Jae.
Wheels applied to a person I. in-
Mr. Stuart. His object was
, Stein to forego an action of damages
which be bad brought aghast Borth wick.—
Mr. Stuart replied that be could make no promises:
That be was etsaviaced Bortbwick was not the author
of what Mr. S. called the libels upon him; and if
Berthwisk would give up the authors the action
should be discontinued. Witness said that Borth-
wick had oft*. expressed his wish to Le iatrodoesti to
Mr. S. aid his readiness to give up the authors, pre-
efided that be were freed from the action of damages.
111 r. S. weal with witness, and called on Mr. Spalding,
and they proceeded to Olasgow. They obtained an
Interview with B. who said, if he were liberated, be
'Would resume possessions next morning at the usual
Bear. Borthwick, when liberated, west to the or-
bs. accompanied by witneses clerk, and one [.nodes
lbeisinson (formerly a journeyman in his employ). as
esitaesses. !Lollies*, shortly afterwards returned with
$ handle of what he celled newspapers. bat whi
peeved to be manuscripts of newspapers. The Is
writing of Sir Alexander Boswell was net discove
email all the heed-writings had been assorted in di -
firma parcels. Mr. Stuart expressed great surprise
owl astonishment at this discovery.
Mr. James Cibson, W. S. stated circumstances rein-
' Live to the libels in the Beacom and the Sentinel. and to
the eoeversation be had had with Mr. Stuart both be-
fore and Ater the affair. As to Mr. Stuart, Mr. Bib-
see said he was a meet amiable character, &r.
Mr. Listoo, surgeon, gave the same evidecs as Dr.
Wood, as to what happened open the grooad.
Mr.Tlionaas Allan, baakei, saw Mr. Smart at Calais.
Mr. Stuart asked witness what sews ; witness said the
sows. were tad for him-then be said. Sir Alexander is
dead ;' whoa witness told him that was the case, he burst
into tears, and was much agitated ; witness was with
bins a fortnight or three weeks.
Mr. Joan Ct.sna, Advocate.—Met Mr. Stuart in
Peril. when he &sealed to be deeply affected at the sews
of Sir Aloaxnder's death.
Mr. R. Maconnochie, Dr. Coventry, and ethers, iden-
tified the song and letters as having been written by Sir
Alexander. Other witaessm were called to identify the
PPers.
Lord Kinsdder, Dr. R. Barclay. Mr. Erskine, Mr.
Carnegie, Mr. Wanchope, Mr. Walter Conk. Mr. Mar
Scenic, and Mr. Bay Donaldson, several of whom bed
bees ow the most intimate terms with Mr. Stuart. let
many years, and were opposed to him on political mat-
ters, declared, th, y never knew a person of a more ami-
able and friendly disposition.
The Loan AfROCATII addressed the Jury. for the pm.
sonnies ; and Mr. J replied.
The Lone Jimmies Cbenx then commenced his charge,
and having stated that he considered the law of Scot-
lend as settled in these matters, and test killing in a
duel is murder, proceeded that, as to the case before
them. the indictment accuses Ur. Stuart of malice. and
with that feeling, of bads( gone to 014sgew to pro
erre papers from Berthwick. and thereafter to cbal-
Wage Sir Alexander Boswell. Now there was nal
even an attempt to substantiate this part of the indiet•
meat- Os the eeetrary. it speared that Mr. Steer
was utterly ignorant of who the authors of the militia
aka win beim he saw the pipers in Gla,gow

rhawdwrit. Maucblin were the same on both. It was,ated limes closeiliea
,itie. and the the witness's opinion, that the tam of . fdllowlag wi
, made out, and that both papers redacted ens of the defeoce :
thin' _Pl!r"c'' of cowardice on Mr. Stuart. There wail morkiegAsado Mr. Headwork
a sae ("1181°W mealier of pettiog the somtion, so far a witness Wad Bertbakk. Had 1
smog. contain judge of his owls mensaer,AkatCoold ha 'tile gosh./ Haeoesi
is family. sad tamer, or osmeril* idePolfwe's order elms he sigh
*Maoist the alleaertaff leeeree°, " °a° 11.10°
_OAT: 4°
ar sitiwas. Come sool
if the saw": sod be had take. every pesos to guard ages ON= • Ir—
misrepresentation, for lie had repeatedly praised the for that purpose.
lit° of the song observation that Ise wield coesider Sir ilium/der* Rodeos him to
Irt• which were word as conclusive spinet sirilreenaptiois this bad to get Hs. Stuart
It bore Sir A•'" been raised to the contrary unusesit say hesitation, which be had
. •_ _