Star. — 1811-01-10 (London, England)

HIGH COURT OF JUS7ICIART.  [The fallowing is a Rill account of an important trial, which want of room has hitherto prevented us from giving at full length 1_ sooner.)  EDINBURGH, JANUARY a.  Yesterday came on the trial of Alexander Cahill, surgeon of the 2d Fattalion of the '2sth regiment of I foot, accused of the murder of Captain Hugh Blair Rutherford, belonging to the same regiment. It appeared from the evidence, that, according to ' the regulations of the mess of the 15th regiment, no 1 officer was permitted to carry the newspaper out of the mess-room, and that Mr. Cahill, who had been sick for some time, had acted contrary to this regulation ; that this was made the subject of a motion, on the 29th August, after Mr. Cahill's recovery, by Ensign Burke, who proposed that the Doctor should be finial half a dozen of wine for so doing. ThisA motion was carried only by the casting vote of th*l president of the mess, and Mr. Cahill objected to pay the fine until there should be a full meeting of the officers, as he th:n) ght it was exacted more through a private pique, than from any wish to promote the good of the mess. Ensig• Burke, who made the motion, then asked Mr. Cahill if he thought he had been influenced by private pique, who said he did nut ; but on Captain Rutherford calling out to him to name the person he referred to, Mr. Cahill replied, " that he would not say any thing behind a,man's back which he would not say to his face, and that he was the person allUded to." The conversation which ensued was very warm on the part of Captaip Rutherford, and was not put an end to but by the re' peated inte-ference of the Major, when Captain Rutherford and Ensign Burke left the room, and in a short time after Ensign But kc returned to the messroom, where Mr. Cahill still was, with a message from the Captain, requesting that Gentleman either to make an apology for what he had said, or give him (Capt. R. ) a meeting. Mr. Cahill declinedapologizing, but said he had no pistols; that, however, the Captain said should be no excuse, as he should have one of his.  The parties met accordingly, and the distance measured by the seconds, was 14 yards, which, Captain Rutherford objected to, observing, ten would have been better. After they had taken their ground they • fired once by signal, without effect; and unmediately • after Captain R.'s second proposed to Mr. C. to apo• logize, which he declined, but added, he would quit his ground, and shake hands with the Captain—this was rejected. On preparing to load a second time, it was found the ramrods were missing, which gave. the seconds another opportunity of interfering, but still without effect. Captain Rutherford called out, a twig from a bush might supply the place of the ramrods, and this expedient was adopted. The second shot took effect in Captain Rutherford's groin, who, after he was wounded, on the seconds again expressing a wish to adjust the quarrel, called out, 4, load the pistols,.load the pistols," which being told Mr. Cahill, he said he would receive the Captain's fire, hut not return it. By this time Captain Rutherford had fallen into the arms of his second, and on Mr. Cahill and his second going up, he was laid on his back, and the wound examined by Mr. Cahill, who fotind he could render him no assistance. Aid having been procured, Captain nutlierlord was carrit_.l to the barracks, where he shorrly after expired. Mr. Cahill made his excape, but afterwards voluntarily surrendt.red himself to stand trial. A.:umber 'of witneses, exam'ned in exculpation, gave Mr. Cahill a most excellent character, and represented him as a qu'et and inoffensive man. After an address on the part of the Crown by J. H. ‘MiscxcNzia, Ls,.; for the prisoner by WILLIAM ERSKINE', Esq. and a few w ,rjs from the Lord Justice Clerk, the Jury wcrc enclosed, and returned a verdict of—Not Guilty, with the exception of two dissentient•voices. Mr. Cahill was assoilzieci simplititor; And dismissed from the bar accordingly.