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Robert Ferguson, accused of house-break
ing, with intent to steal, was found guilty SOUTH-Lord HERMAND and Lord upon his own confession, and, in consequence GULIES.
of being in bad health, was sentenced to be
imprisoned for eight days. Jedburgh, September.
James M.Millan, accused of sheep-steal. THE Circuit Court of Justiciary was open- ing, was outlawed for not appearing.
ed here on the 9th inst. by the Rt. Hon. Lord Hermand. The only business of a cri.
Friday, September 15. minal nature before the Court was the trial The Court proceeded to the trial of Elizaof Henry Stock well, servant to Andrew Wil. beth Beck, from Hunterbeck, in the parish son, butcher in Hawick, on indictment for an of Moffat, accused of child-murder, in the assault committed upon the person of Janet month of March last. The indictment sta. Ogilvie, or Orrock, residing in Hawick. The ted, that she did privately bring forth a parties were both married people. When the living child, and put it into a milk.vessel, evidence adduced on each side was closed, with the intent that it should die, or be sufthe Jury, after retiring a few minutes, re- focated ; and that necessary assistance was turned a verdict, unanimously finding the withheld from the child, in consequence of pannel not guilty.
which it died.
A great number of witnesses were exa. Dumfries, Sept. 14, 1815.
mined in this case, and the Jury returned a The Circuit Court of Justiciary was open- verdict next day, finding by a plurality of ed here this day by the Right Hon. Lords voices the libel not proven : the prisoner . Hermand and Gillies, when David Tenant, was assoilzied and dismissed from the bar. accused of assault and robbery, by having, in the month of March last, attacked John
Saturday, September 16. Carruthers, farmer in Belzies, on the road Elizabeth Ballantine, accused of childto Lavrockhall, at which place he jumped murder and concealment of pregnancy, was on the poney behind Carruthers, and having found guilty, on her own confession, and come to a hollow part of the road, Tenant sentenced to be imprisoned for two years. clasped his arms about Carruthers, and An appeal from a judgment of the quar. threw him upon the ground, where he rob- ter sessions came next to be heard : the bed him of about £.19 in notes, and some office-bearers of the Friendly Society at silver, having pled guilty, was convicted ac. Moffat, and the respondent, Mary Johncordingly, and sentenced to be transported ston, widow of the late William Johnston, beyond seas for life. Tenant, since his being in Auchinheas. The defunct had been a in prison, has pretended to be dumb, and member of the society for about 11 years, when asked whether he was guilty or not, but being absent, from bad health, from one he handed to the Court av old Psalm-book, of the quarterly meetings, he was expelled, with the word "guilty" written upon the in terms of one of the articles of agreement, board with chalk.
for non-payment of his arrears. At a subWilliam M'Gowan and Elizabeth Morri- sequent meeting it was agreed, that the deson, accused of uttering, using, and vending funct, and other expelled members, should base coin, in the shop of William Kennedy, be restored, upon payment of a fine and merchant in Thornhill, were next brought their arrears. One of the members, David to the bar, and having pled guilty, were March bank, at this meeting, offered the desentenced to one year's imprisonment. funct's arrears, which were refused, as March.
John Brown, servant to W. F. Hunter, bank had no written order from the defunct Esq. of Barjarg, accused of breaking into a to make a tender of the money ; the society, writing.desk of his master, and taking there. however, allowed till next quarterly meeting. from four one-pound notes, as also several to procure such a mandate ; before that pebottles of spirits from the cellar, in the riod, William Johnston died, and the society month of July last, having pled guilty, was having refused to recognise the respondent convicted upon his own confession, and sen. as being the widow of a dead member, she tenced to be transported for 14 years. preferred a petition to the Justices of Peace,
for having it found that she was entitled to boy and a girl) the pannel's defence seemed the benefit accruing to widows of deceased true, and what was done by him seemed to members; and the Justices found her en. be done with a good intention. The depute titled to such benefit accordingly.This advocate then observed, that he was happy sentence the society appealed to the quarter there was no occasion for proceeding farther session; but the judgment being confirmed, in the case-ihat the evidence satisfied him and the appeal dismissed, the cause was car- of the verity of the defence, and that the ried for appeal to the Circuit Court, and, jury was fully warranted in returning a rer. after a full bearing of counsel on both sides, dict of not guilty. A verdict to that effect the Court dismissed the appeal, and found was instantly given in the usual sentence the appellants, and every other member of acquittal pronounced—and the pannel who supported the prosecution, liable in ex- dismissed from the bar. pences, to be paid out of their own pockcts.- John Bird, alias Birds, alias Bridges, alias The case hinged principally upon the pro- Barridge, accused of entering the house of visions in the acts of Parliament, 33 and 49 Laigh Gullean, and stealing several articles of the King, relative to friendly societies, of wcaring apparel, and £.11 odds in cash, which enacts, that the sentences of the Jus- from two chests belonging to the servants. tices, before whom any question relative to The pannel pled guilty, and after the Jury such societies is brought, shall be final to were empannelled, he adhered to this pica. all intents and purposes, and shall not be The Jury returned a verdict of guilty, vida subject to appeal, or brought under review voce. The pannel appeared at the bar with of any court whatever.
il blanket as his only covering. The plea of Ayr, September 22.
insanity was attempted to be set up, but af.
terwards abandoned: he was sentenced to The Circuit Court of Justiciary was open- transportation beyond seas for life. ed here on the 19th instant, by the Right Susan Tinny, or Tilly, was next accused Hon. Lord Gillies.-- The Porteous Roil con- of wilfully setting fire to the farm-steading tained six indictments. The one first taken and stack-yard of Shalloch, county of Wig. up was against John Jackson, accusing him ton, whereby they were consumed, and of of forcibly entering the work-shop of James stealing several articles during the fire. She Wright, Weaver in Girvan, in April last, and entered the Court with her hair disordered, of cutting out and carrying off the webs her bosom bare, and her clothes torn. While from ten looms in the shop. The pannel she was at the bar, she laughed, cried, and pled not guilty, and no objection being sta- sung alternately; she threw part of her dress ted to the relevancy, the public prosecutor around her, and we cannot help remarking, proceeded to lead the evidence on the part that her shoes struck two respectable per of the prosecution. After hearing evidence sonages in Court: to the majority of the at great length, the judge sumed it wp in Court this seemed affectation. After some a very able manner, and expressed his opin discussion, it was thought proper by the nion, that the whole circumstances were of depute-advocate to desert the diet pro iua such a convincing nature, that it was im- et tempore, and she was recommitted on a possible not to be satisfied that the pannel new warrant. was connected with the crime.--The Jury, Then appeared James Gibson, and eighteen however, returned a verdict, by a plurality, other persons, principally living in the parish of not proven, and, after a suitable adınoni- of Tarbolton, charged with rioting, and pull. tion, the pannel was dismissed from the bar. ing down and burninga toll-bar near Wallston.
On Wednesday, David Milvean, or Mac. The libel being read, they all pled not guilty. ilvсan, servant at Balfern, Wigtonshire, A jury was then sworn in, and the prosecu. was put to the bar, accused of culpable ho- tor was proceeding to call the first witness, micide, in culpably frightening two horses, when Mr Campbell started an objection to while Wm. Maxwell, a boy, was riding on the admissibility of any of the witnesses, on the one and leading the other, and causing the ground that the copies served on the the boy to fall, in consequence of which, or pannels did not bear; that the original list of the kicks from the horses, he died. The pan. of witnesses on the Porteous Roll was sub. nel stated in defence, that he denied the libel; scribed by the Lord Advocate or his deputies that the horses were frightened by another A debate of some length ensued, in the course boy throwing stones at them, and i hat seeing of which, Mr Murray, counsel for the parthe boy in danger from the led horse kecp- nels, in a speech at once fluent and ingenious, ing back, while the other was pressing for- exposed the informality in the copies of so. ward, he waved his hands to make the hor- vice, and the dangerous consequences of al. ses go together, and prevent any accident. lowing it to pass unnoticed. 'Lord Gillies Several witnesses were adduced. From the expressed his sense of the importa: ce of the evidence of those who saw the accident (a objection, which appeared to him to be good. The jury then gave in their verdict of not the following purport:--Her husband came Guilty, and the pannels were assoilzied sim. home late on a Saturday in April last, nearly pliciter, and dismissed from the bar.
insensible, and died on that day week. He On the 21st, an indictment was brought had received a bruise on the side of the head, forward against Jane Johnstone, alias Elliot, and blood was flowing from his nose. One and Margaret Murdoch, alias Brown, for of his eyes was discoloured. Seeing him in forging and using passes granted to the this state, she fainted. Telfer, when able to wives of soldiers embarked for foreign ser- speak, said, that walking in the flesh-mar. vice. Murdoch effected her escape, and ket, one of the fleshers wanted him to buy was outlawed. Johnstone pled guilty, and meat; another desired him to offer 3d. awas sentenced to imprisonment for four pound for it; a third called him a Highland months.
blockhead, and was struck with a bone by
this last.-Several witnesses were called to WEST-LORD MEADOW BANK and LORD
prove the pannel's good character. The jury PIT MILLY.
returned an oral verdict, finding the pannel
Guilty of culpable homicide.
The diet was deserted against Thomas This day the Circuit Court was opened Dunlop, jun. Avenue-end, Glasgow, for ashere by Lord Pitmilly.John Norris and saulting, on the 3d of August, 1815, at Anthony Campbell, accused of assault and Mudisburn, parish of Calder, Mr Andrew robbery. The three principal witnesses Boyd, in consequence of which he died imhaving failed to appear, they were recom- mediately. mitted - The Court fined each of the absent Sept. 28.-Jean Young, or Ewing, was witnesses in the statutory penalty, and grants found guilty, on her own confession, of ed warrant to apprehend and imprison them stealing several pieces of cloth froin the until they found caution to appear and give dye-house of W. Cassils, and sentenced to evidence.
seven years transportation : she had been Stirling, Sept. 23.
eight times confined in Bridewell. The Circuit Court of Justiciary was op
John Sherry and George Conner were ened here this day, by the Right Hon. Lord
brought to the bar, accused of robbing RoPitinilly.- Mary Robertson was sentenced
bert M.Culloch, manufacturer, Paisley, on
the road from that town to Glasgow, and to four months imprisonmeut, and Elizabeth Chapman, alias Ann Watson, to three
taking from him a watch, hat, and the conmonths imprisonment, on their own confes.
tents of his pockets. The substance of the sion, of having obtained money from dif
evidence was, that two men, who appeared ferent kirk treasurers in the county of Stir
to be Irish, came up to M.Culloch, about ling, under false pretences, in name of tra
eleven at night ; after asking what the hour velling expences of soldiers' wives. The
was, one seized him, and said, “ Deliver Court animadverted on the careless and im
your money, or we'il blow your brains out." proper conduct of the kirk-treasurers in
This man was unable to accomplish his atpaying away the public money, without
tempt to put the witness on the ground,
but he received the assistance of his accomproper investigation, to persons to whom it was not justly due.
plice. They both seizing him, put him on Robert and John Henderson, for assault.
the ground. When there, one held himn ing an excise officer in the execution of his
fast, and brandished a bludgeon over him,
and the other robbed him of the articles duty, were committed on a new warrant, but afterwards admitted to bail, in conse
libelled on, telling him if he made any requence of a mistake in the name of a place
sistance, they would kill him. The men in the indictment.
and articles being identified, Sherry was
found Guilty, and ordered to be executed : Glasgow, Sept. 27.
he received his sentence with great compoThe Court was opened this day by Lords sure, and retired from the bar without the Meadowbank and Pitmilly.--Several gentle- least agitation, The accomplice of Sherry, men, suminoned to attend as jurymen, George Connor, was remanded to prison, were fined each in the sum of 100 merks owing to the absence of a material witness. Scotch for absence.
Sept. 29.-James Bogue was sentenced Colin Telfer, Aesher, from Greenock, was to one year's hard labour in Bridewell for accused of culpable homicide, in killing stealing a watch, &c. The diet was desertDonald M‘Lean, by striking him with a ed against Mary Scot for defamation. bone. The pannel pled not guilty; admit- Charles M.Bride, tailor, was outlawed for ted that he threw the bone, but with no in- not appearing. The jury were prevented, tention of killing the deceased.-Janet by the indisposition of one of their number, M'Kay, wife of the deceased, deponed to from giving in their verdict in the case of immediately returned a 'verdict, finding Agnes or Nancy Worthington, or With , them guilty on their judicial confession. erington, William Gray, and Ewan or Ewen Lord Pitmilly then, after a suitable adScott, accused of stealing a watch from the dress, sentenced them to be transported be house of Angus Cameron, changekeeper in yond seas for seven years. Anderston, on the 17th July, the two lat- James Black, accused of forging, or ister habit and repute thieves, were then put suing a forged guinea note of the Thistle on trial. They pleaded not guilty
Elizabeth Graham, coal-bearer, Old Monk. night; recollects two young men and a girl Jand, for child murder. Next day a verdict coming to the house ; they asked for some was returned ; she was sentenced to seven meat, and got it ; they rather chose to stay months imprisonment in Hamilton jail. in the kitchen than go into the room; the
William Martin, was, on his petition, girl said she was cold, and would prefer banished from Scotland for seven years. the kitchen fireside; Mr Cameron left the
Margaret Niven, for culpable homicide; kitchen, to accommodate the girl; after the case being abandoned, she was dismiss. they had done cating, the witness's mistress ed simpliciter.
was asked to go out and see what kind of a Jemes Steven, on his own confession, was night it was; sak her mistress go out for found guilty of assault on Mr Andrew that purpose ; when her mistress came in, M•Millan, tiesher, Glasgow, and sentenced pannels were standing on their feet in the to six months imprisonment, and bound to kitchen ; they bade good-night, and went keep the peace for two years, under a pen. away ; her master looked to see the hour, alty of £.100.
and missed the hatch; witness was sure Robert White, James Edgar, and Andrew the watch was near the fireside when the Clephane, accused of breaking into the shop pannels carne in, and the watch was hang. of Michael Bogle M•Farlane, haberdasher, ing above where Gray sat ; on the watch Hutchinson Street, Glasgow, and stealing being missed, ran to try if she could see therefrom a great quantity of silk shawis pannels; there was no person in but them. and handkerchiefs, lace squares, and other selves ; looked down York Street ; then ran goods, to the value of 2.60, aggravated by down Jamaica Street; and shortly aftertheir being habit and repute thieves.- wards saw them at the bridge ; she saw White and Clephane pleaded not guilty, and three men, to whom she communicated the Edgar, in whore case the libel was restrict. particulars of the robbery, and requested ed, pleaded guilty to the charges of theft, their assistance ; but she did not wish they and habit and repute a thief. After hearing should attack pannels then, as they might evidence, the jury, without leaving the box, throw the watch over the bridge; the boys returned their verdict finding Edgar guilty, were taken near Carleton Place, but the in terms of his own confession; White girl ran off'; she was pursued and seized; guilty of housebreaking and theft; and Cle. girl had a napkin in her band when taken, phane guilty of resetting the goods libelled. she threw it over the rail, and there was
After receiving excellent addressea, the something weighty in it which carried it prisoners were sentenced to the following off'; the pannels were taken to the Police punishments :–Edgar and Clephane to four Office, and a gentleman stood to notice the teen years transportation ; and White to be place, till an officer was sent to search for hanged on Wednesday the 1st Nov. next. the watch, which was found where the girl
Sept. 30.Colin Telfer was convicted of threw away the napkin ; knows the watch culpable homicide, and sentenced to seven now shown to be her inaster's ; identifies years transportation.
the pannels to be the persons that were in James Muir, James Aikmen, David Gil- the house; the girl, when taken, said she Jespie, and William Brash, accused of assault. was innocent. ing Ronald M‘Donald, in New Street of Lord Pitmilly, in dismissing this witness, Calton, on 20th August last, and taking gave her a most excellent commendation from him a silver watch. They all pleaded for the manner she had conducted hersell guilty, and, on their own confession, were during the seizure of the pannels, and for found guilty by the jury. The libel was re- her correct evidence. stricted.
Here some conversation took place beLord Pitinily addressed them in a suita. tween the pannels and their Counsel, when ble and appropriate speech, and afterwards it was announced that they now pleaded sentenced them to be transported beyond guilty to the charge of theft. The Jury seas for 14 years.
Bank, Glasgow, on the 13th April, in the Janet Kennedy, 14 years of age, servant canteen barracks, Glasgow, and of issuing with Mr Cameron in Anderston.
another, same night, in the house of Donald last, about nine o'clock at night, a watch M‘Millan, changekeeper, knowing them to was carried away; it was on a Monday be forged, was then put to the bar. The
pannel pleaded Not Guilty. A number of great mass of evidence adduced, it appearwitnesses were examined for the Crown, ed that the disgraceful proceedings as staand also for the pannel. After which, the ted, had really taken place. There was, Jury was addressed by the Advocate-de- however, ground to presume that Bain was pute for the Crown, and by Mr Hunter for there as a constable to disperse the mob, the pannel ; and Lord Pitmilly summed up and that M‘Rae, being kirk-officer of the the evidence. The Jury having retired for parish, had lawful occasion to be in the a short time, returned with their verdict, church-yard, and was compelled to accomfinding the libel, by a plurality of voices, pany the mob to the sea-shore, and that Not Proven. The prisoner was then dis- the other two pannels did also accompany missed simpliciter.
the mob thither ; but there was no clear and This finished the assizes at this place, certain evidence, that the body which had and the business of the Western Circuit; been raised was the body of Mr Gordon ; Lord Meadowbank having previously given on the contrary, there were various circumjudgment in some appeals.
stances, from which it might be presumed NORTH.-LORD JUSTICE CLERK and
that the body raised and buried within LORD SUCCOTH.
flood-mark, as before mentioned, was not
his body. The jury having returned a Inverness, Sept. 17.
verdict, Tuesday morning, finding the panThe Court was opened here this day by nels Bain and M.Rae not guilty, and the Lords Justice Clerk and Succoth.
libel not proven against M'Gregor and Rose, Colin Bain, Andrew M.Rae, and Donald after a suitable and impressive admonition M.Gregor, from Kincardine, Ross-shire; and from the Lord Justice Clerk, the prisoners Walter Ross, commonly called Walter Ross were assoilzied simpliciter, and dismissed Na Craig, Creich, Sutherland, were then from the bar. brought to the bar. The minor proposition Tuesduy.-John Lamont, Roman Cathoof the criminal letters against them stated, lic or Popish priest, residing at Aberchal. that the late Capt. Gordon, Invercharron, der, was brought to the bar, accused of cea having disappeared in November or Decem- lebrating clandestine marriages. He pleadber 1813, was amissing till Feb. 1814, ed Not Guilty. After a long trial, the Adwhen his dead body was found on the sea. vocate Depute addressed the Jury for the shore at Spinningdale. The relations of Crown, and J. P. Grant, Esq. of Rothemur. the deceased brought the body to Inver- chus, M. P. for the pannel, made an able charron, for interment in the burial-place and eloquent defence. Lord Succoth sumof William Munro of Achany ; that they med up the whole. The jury found the were prevented by a mob, of which the libel not proven, and he was dismissed from pannels were the ringleaders ; in conse- the bar. quence, the body was buried in a field, and Elizabeth M Iver, accused of child-murwas watched for two days and nights by der, and concealment of pregnancy, was next the mob, to prevent it being interred in said brought forward.—The Advocate-Depute burial-ground; and farther, that the pan. having restricted the libel to the statutory nels compelled Mrs Gordon, and two of her offence of concealment, and she having pled farm-servants, to appear before Hugh Ross, Guilty to the libel as so restricted, she was Esq. of Gladfield, and the Rev. Angus Ken. found guilty on her own confession, and nedy of Lairgs, two Justices of Peace, to sentenced to 12 calendar months imprisontake an illegal oathi, that they would not ment in the tolbooth of Inverness. The remove the body from the field to the bu. Lord Justice Clerk observed, the county of rial-place, or to consecrated ground. The Ross must indemnify the county of Inverbody having been removed to Achany Cha. ness in the expence of her aliinent. pel, by the relations of the deceased, a great Eury, or Aurora M.Leod, from Harris, mob assembled at Kincardine, on the 21st was next brought to the bar, accused of the of June last, which continued for two days same crimes as the preceding pannel; the and two nights; and the pannels being the libel was in the same manner restricted, most active, they dug up the grave, lifted She stated that she was prematurely deli. the coffin, dragged it ignominiously, with vered in the field of a still-born child, six stouts and cries, and having opened it, lift- weeks before the natural time, and that she ed the body, threw it into a hole on the sea. did not disclose her pregnancy.The jury shorc, within flood mark ; tbrew the coffin returned a verdict in terms of this confes. above it, and tilled up the hole with sand sion, and the Lords certified the case to the and stones. The pannels pled Not Guilty. High Court of Justiciary, to meet on the An objection was stated by the counsel of 13th of November next. Bain, on the ground that his name was In addressing the Sheriffs of the several M.Kay, but it was repelled. From the counties, the Lord Justice Glerk regretted October 1615.