The Sun. — 1840-05-22 (London, England)

COURT OP JUSTICIARY--EDINBURGIL  James Dalrymple was placed at the bar, charged with the murder of Donald Fraser, a labourer, by discharging a loaded gun or fowling-piece at the deceased on the evening of Sunday, 23d February, 1840, on the road leading from Linlithgow to Queensferry, by the Burghmuir and Hopetoun Wood toll-bars, in the county or Linlithgow. Robert Ross, labourer, was at work on the Edinburgh and Glasgow Railway in February last. Was in company with six or seven others on the evening of Sunday, 23d February, and, while returning from Philipstown to Linlithgow, passed a place called Champany about the gloaming. He and two others were in front, and, when passing the house where the prisoner resided, a dog began to bark. He went towards the dog with the intention of striking it, when a man issued from the house, who was afterwards joined by his brother, Alexander Fraser. One of witness's companions struck the man who came from the house, who thereupon cried to his brother, " Jamie, Jamie, fetch out the gun." The witness did not attempt to strike either of the men. 'When the rest of his companions came up, he said that they had better make off, as a gun was to be brought, upon which they all ran away towards Linlithgow. They got as far as Burghmuir Toll-bar ; and as they were going through the toll-bar they heard a noise as if a stone or stick had been thrown at the door or shutters of the toll-house. On hearing the noise they stopped. Donald Fraser was with the witness. He then heard the report of a guncap at the toll-bar. At this time saw a number of people coming up, and among them some women, who were endeavouring to keep the men back. A little after this a shot was tired ; but before the witness heard the shot he did not perceive anybody struck. Donald Fraser was in the middle of the road, and witness was about a foot frcm him. When the gun was fired Donald Fraser fell down, and seemed to be dead. When lifting up Fraser two men came up with sticks and struck witness on the head, upo❑ which he let Fraser down. On going towards the toll-bar he observed the tollman with a pistol in his hand, and said, " You are, probably, the man who shot Fraser." Witness seized hold of him, and told him he must go with him to Linlithgow. Whenever witness's companions heard the shot they ran off ; but in coming back they assisted witness in lifting Donald Fraser. Two witnesses stated that they saw the prisoner fire the gun in the direction of deceased, and one of them saw him fall immediately after the shot. Several witnesses gave the prisoner an excellent charActer.  Sir James Dalyeil was also called, and said that the prisoner's family had resided on his estate about 000 years, and that he had never beard anything against the prisoner's character, but quite the contrary. Lord AfEADOWBANK, the presiding Judge, having summed up the evidence, The Jury retired, and after some consultation, returned a verdict, finding the prisoner guilty 118 libelled, by a majority of nine to six ; but unanimously, and in the strongest manner, recommend:ng him to the mercy of the Crown. The Court then stated that flair request would be