Star. — 1810-08-31 (London, England)

EDINBURGH.  HIGH COURT OF JUSTICIARY, AUGUST 45. Yesterday the Court proceeded to the trial of Vim. Lawson, officer of Excise at Duddingstone, and David Smith, salt manufacturer at Magdalene Salt Pans, accused of the murder of Richard Ewan, officer of Excise, on the 18th of May last. No objection was made to the libel, and the prisoners having pleaded Not Guilty, a Jury was chosen, and the trial proceeded. 4t number of witnesses were examined on the part of the prosecutor. From these it appeared, that on the 18th of May an Excise Court was held at Dalkeith, which the prisoners and the deceased went to attend. Upon their arrival at Dalkeith, they went into Morrison's inn, where they dined ; and between eight and nine o'clock they left Dalkeith to go home, Lawson leading Ewan, who was by that time much intoxicated. They went first on the common road from Dalkeith to Musselburgh, but returned to the Duke of Buccleugh's gate to get through the parks. —The deceased was then in such a state that he fell repeatedly, and was at one time carried a considerable way on Lawson's back, who at last was unable to proceed, Ewan was laid down on the grass, anJ Lawson went to endeavour to find a road out of the park, while Smith staid by Ewan—Lawson was unable to find his way out, and, being quite fatigued, all the three fell asleep. After sleeping several hours, Lawson and Smith awoke, and endeavoured to amuse Ewan, but did not succeed. Lawson then proposed to go to Dalkeith for help, which he did, and SMith stopped with Ewan. Lawson arrived at the house of David Torrance, Sheriff-officer in Dalkeith, about four in the morning, and begged of him to go and get Ewan conveyed to a place of safety, as he was dying with cold. Tor. ranee immedately went to the guard-house, where he got two soldiers of the Galloway militia and proceed., ed to the place, where they found Ewan, with Smith sitting beside him. One of the soldiers took Ewan on his back, and, in that manner he was conveyed to Torrance's house, but was not accompanied by Lawson and Smith, who left them, atter the former had given Torrance ss. to pay the soldiers, and promised to pay whatever more might be wanted. On their arrival at Torrance's house, the deceased was set on a chair, but died in a few minutes without having spoke. Torrance sent for a surgeon in Dalkeith, who endeavoured to draw blood, but did not succeed. The body was afterwards examined, about 10 o'clock, by Dr.' Graham and Mr. Scott, surgeon, who were of opinion that the deceased's death was occasioned by external violence, to which opinion they adhered on a subsequent examination which was ordered by the Sheriff. Their opinions were principally grounded on the circumstance of the deceased being bruised on the back, part of the body, by blows, as they imagined, from the neck almost to the heels. This was the substance of the evidence for the prosecution. In favour of the prisoners it appeared, that, the moment they heard of the death of Ewan, they went to Dalkeith, and immediately afterwards to Edinburgh, to the Sheriff's Office. They were desired to go home till called for ; and, when summoned to attend, were I admitted to bail.  To the characters of both prisoners witnesses of the greatest credit were adduced ; who from Lang know. ledge and experience, testified as to their quietness of disposition, and peaceable and orderly behaviour,. upon all occasions. After the evidence was gone through, Mr. J. H.l Mackenzie declined charging the Jury on the part of the prosecution, observing shortly, that he had not made out his case, and that the prisoners ought to be, acquitted.—The Jun- immediately found the prisoners Not Guilty.