Mr Robert Hamilton, as junior counfel for the pannels, admitted the relevancy of the indictment; but in a fpeech of confiderable length, stated in defence, that he hoped to be able to prove, that Walls was carried off with his own confent.

The ufual interlocutor was therefore pronounced, finding the libel relevant to infer the pains of law; but allowing the pannels a proof of all facts and circum. ftances which might either tend to exculpate them, or alleviate their guilt.

The firft witness called was William Walls, counsellor in Lochmaben. He deponed, that, being entitled to vote for a delegate from that burgh, he had, previous to the election, avowed his intention of fupporting Mr Miller's intereft in oppofition to that of Sir James Johnstone: That Mr Lindsay, cne of the pannels, and who acted as an agent for Sir James, had offered him 2001. if he would take a walk with him on the day of election, which he rejected in the strongest terms, declaring, that 2000l. fhould not tempt him, and intreated that he would not endeavour to corrupt an honeft man. It was then a common rumour in the place, that Sir James's friends had hint ed, if every other refource failed them, they were determined to carry off one of the voters of the other party. AppreChenfive that he might be the perfon fix

ed on as the object of this outrage, he ufed every precaution to prevent it; and in particular he slept in the house of William Neilfon, his fon-in-law, judging it a place of greater fecurity than his own. On Sunday afternoon, the 27th of June laft, he was requested by William Neil fon to take a walk to a field near the town, where they had fome cattle, and, on his expreffing a doubt whether they might fafely venture, Neilfon faid, he thought there was no danger, as the chaife which had been in the town for fome time was gone, and that surely they would never attempt any violence on the Lord's day. They accordingly went to this field, about five in the afternoon, accompanied by William Graham, another counsellor and voter in Lochmaben, where they t fat down and were reading a book, when a chaife made its appearance, which much alarmed them; the driver came into the field, and called to William Walls, that a gentleman in the chaife wifhed to speak with him; that Neilfon anfwered, who ever wanted him might come to them; VOL. LIII. January 1791.

and immediately they ran off, with a view to escape, but were purfued by a party of men (among whom were the pannels Lockerby and Forreft), armed with piftols, fwords, bludgeons, &c. who feized him (Walls), and carried him by force to the chaife, into the bottom of which he was put; and Steedman, Dobie, and Thorburn, having alfo got in, it immediarely drove off. At fome distance on the road a coat was put into the chaife for Walls, who had thrown off his own in endeavouring to escape. They proceeded to Ecclefechan, where an additional pair of horses were procured; from thence they went to Gretnahall, and fo on to Carlisle, where Thorburn left them, and the witnefs went on to London with Stedman and Dobie. He made no resistance or complaint, from an idea that aid would not be given him, and that he might be worse used. When they arrived in London, they flept a night at an inn in Smithfield, and next day Steedman and Dobie carried him to the houfe of a Mr Johnston perfumer, with whom they meant to have intrusted him; but he declined, not approving of their plan. They endeavoured to prevail on him to fign a letter, acknowledging that he had come voluntarily to London upon bufinefs; but this he refufed. Johnfton having recommended them to an acquaintance at Leatherhead in Surry, they accordingly went to that place with their charge, and continued there till Mr George Williamson arrived and rescued the witness. On his arrival, Steedman and Dobie made their escape; and the witnefs immediately proceeded to Scotland with Mr Williamfon.

Being afked, if he had feen Mr Lindfay on the day that he was carried off? he declared that he had not; but he was pofitive as to Forreft, Lockerby, and Thorburn.-The depofition of this witnefs was remarkably diftinct and confiftent; fimple, but unembarraffed; and his appearance that of a man who, to the beft of his knowledge, was ftrictly speaking the truth.

Several other witneffes were examined in fupport of the prosecution.

On the part of the pannels, a number of witneffes were called to prove that Walls, fo far from being carried off againft bis confent, had repeatedly expreffed his wifh that it could be done; he had promised his vote for Mr Miller, but his heart was with Sir James.-On a cross G examination,

examination, it appeared that thirteen of thefe witneffes had been precognofced together, in confideration of which they were rejected by the court. Their Lordfhips feverely reprobated this measure, but declared their opinions, from the unexceptionable character of the gentleman who had done it, that it must have proceeded from inadvertence alone.

Several other witneffes, not liable to this objection, were examined, and their evidence all tended to the point of Walls's confenting to his being carried off, and wishing to be relieved from what he called his curfed promife. One of them, a waiter at the inn of Lochmaben, went a little farther, and deponed to a particular conversation between him and Walls on the Saturday night preceding his being carried off, and fwore that he left him in his own houfe, moftly undreffed, and just going to bed. This being in direct oppofition to the evidence of Walls's fleeping in his fon-in-law's, the witness was committed for perjury, to remain in prifon till liberate in due course of law.

The whole of this evidence prefented a picture of burgh-politics, degrading to human nature, and, it is to be feared, not peculiar to the burgh of Lochmaben.

The Lord Advocate then addreffed the jury. He declared, that, had the defence fet up, that Walls was carried off with his own confent, been proved, he would have had no hesitation in difmiffing the caufe, leaving the parties to the confequences of their own imprudence, and Walls to merited infamy. But if a doubt existed in his mind previous to the trial, it was now completely removed; for never was there a more direct and pofitive evidence produced. His Lordihip then recapitulated the leading features of the evidence. With respect to the poffibility of the fact, he requested the jury to recollect the cafe of the Countess of Strathmore, who was forcibly carried off from the metropolis of the kingdom; and, if fuch an outrage could be committed on a woman of her rank, how much easier could it be done on an obfcure individual. If there had been collution in the cafe, was it likely that an innocent girl would have been knocked down and maltreated; or was it probable that four of the pan nels would have deferted their country. His Lordship concluded a very animated and forcible address, by declaring, that

he would forbear enlarging on the enor mity of the crime, and leave it to the ju ry to judge impartially of the facts.

Mr Abercromby, on the part of the pannels, made a very able and ingenious fpeech. He faid every circumftance or Walls's conduct might be accounted fof on the fuppofition of his being carried off by his confent. A decent fhow of reluc tance indeed was neceffary, and this he had affumed.

The Lord Juftice-Clerk said, that this was one of the most important trials that had come before the court in his time, and as fuch demanded moft ferious attention from the jury. His Lordship went over with great accuracy the principal evidence, and concluded with an eulogium on the flourishing ftate of this country, which he attributed in a great measure to our right of electing our representatives, the exercife of which should be kept as pure and undefiled as poffible.

At twelve o'clock the jury inclofed, and on Tuesday afternoon returned a verdict, all in one voice finding the pannels, Lindsay, Lockerby, Forrest, and Thorburn, Guilty art and part of the crimes libelled.

Feb. 4. The court met to give judge, ment. Their Lordships were of opinion, that the crime of which they were con victed was of an enormous nature, and deferved exemplary punishment. Lord Efkgrove, however, obferved, that he was inclined to mitigate that punishment in the prefent cafe, as it was one of thofe crimes which the common people did not think would be attended with fuch fatal confequences; but he did not choose to differ from their Lordships, who were unanimous. Lord JusticeClerk faid the offence was rebellion againft the conftitution; and if it was a vulgar error, that the crime was of a trivial nature, the punishment ought to be the greater, that that mistaken notion might be corrected. The fentence of the court was, that Lockerby, Forreft, and Thorburn be whipt through the streets of Edinburgh on Wednesday Feb. 23. to be then fet at liberty, and be allowed three weeks to fettle their affairs; afterwards to banish themselves forth of Scotland for feven years: Lindsay to be fined of sol Sterling, to be delivered to the clerk of court, and disposed of as their Lordships thall think proper; to be imprisoned three months in the tolbooth of Canongate, and afterwards till payment of the fine; after

his liberation, to be allowed three months to fettle his affairs, and then to banish himself forth of Scotland for seven years. Craill, Jan. 27. On Monday and Tuefday evenings, no light appeared on the land of May: the wind was fo high that no boat could go off to know what was the caufe of it. On Wednef day the wind calmed, and a boat went from hence. The moment the people fet foot on the island, they were alarmed by a ftrong fulphureous fmell. They went directly to the house; the door was fhut, and no one answered when they called. They immediately broke open the door, and discovered one of the most melancholy fcenes that ever fhocked humanity-the man, his wife, and five chil. dren, all lying fuffocated, and an infant ten months old fucking the breasts of its dead mother. They inftantly lifted the infant, and carried it to the air, as alfo two of the other children, who had fome figns of life.

They went into another room, where they found two men about expiring, whom they immediately carried to the air. They remained a long time quite infenfible; but are now fomewhat reco vered. The high wind had driven up part of the window where they flept, which probably was the mean of preferving their lives.

They fay they went to bed on Sunday night, and do not know of any thing that has happened fince, neither were they fenfible of any thing ailing them. All the bodies were brought here yesterday, and examined by Dr Melville; but they had been fo long dead, that it was in vain to make any attempts to recover them.

The two children revived a little, but one of them is fince dead, and the other is not expected to live.-The infant is doing well.

Two more of the children of that family have refided fome time in this place -one at school, the other, a girl, at fervice-it is not poffible to defcribe her ftate of mind-fhe lies dangerously ill.

It is thought the accident was occaGoned by fome live coal being blown over the light among fome cinders and refufe of coals, lying at the bottom of the lighthoufe, which took fire, and burnt for a long time, the smoke of which had aufed the fuffocation.

Two cows which stood in a byre under The houfe, were alfo found dead.

MARRIAGES.

Leigh, to Mrs Arrowsmith, widow, of ChadLately, the Rev. Mr Birkett, minister of wick-hall, near Manchester, (only daughter of Thomas Smith, Efq; an opulent merchant), with a fortune of 20,000 1.

Jan. 3. 1791. At Fettereffo, James Clerk of Bonnington, Efq; Advocate, to Mifs Duff, daughter of the late Vice-Admiral Robert Duff, and niece to Earl Fife.

5. At London, by fpecial licence, the Rt Hon. John Charles Villiers, brother to the Earl of Clarendon, and M. P. for Dartmouth, to Mifs Mary Forbes, fecond daughter of the Hon. Admiral John Forbes.

6. At Windfor, by fpecial licence, Henry Earl Fauconberg, to Mifs Chefhyre, eldest daughter of the late John Chefhyre, Efq; of Bennington, in the county of Hertford.

10. At Edinburgh, Capt. Cofby Swindell, of 55th foot, to Mifs Catharine Margaret Norval, daughter of George Norval, Esq; of Deans.

10. At Glafgow, Mr Bafil Ronald of Broomloan, to Mifs Janet Dalgleish, daughter of the deceafed Mr William Dalgleish, merchant in Glasgow.

18. At London, by fpecial licence, Lord Ducie, to Mrs Child of Ofterley park, relict of Mr Child, banker in London.

21. At Edinburgh, William Sheriff, Efq; captain of cavalry on the Madras establish ment, to Mifs Mary Hart, daughter of the late Rev. Mr John Hart, minister of Kirken

BIRTH S.

Dec. 26. At London, Lady Elifabeth Douglas, of a daughter.

31. At Cliftonhall, Mrs Maitland, of a fon.

Jan. 10. 1791. At London, the Lady of John Drummond, Efq; banker Charingcrofs, of a fon and heir.

14. At Salford, Lancafhire, the wife of a cotton-fpinner of the name of Priest, of two girls and a boy.

18. At Aberdeen, Mrs Garden of Delgafy, of a fon and heir.

20. Mrs Swinton of Kimmergham, of a fon.

20. A young woman, (aged only 16 years and a half), of Nunnington, near Kirbimoorfide,

G 2

moorfide, of two girls and a boy. The ruf tic father, probably not liking to give a counte nance to fo many little firangers, has abfconded. 22. At Edinburgh, Mrs Eliot of Stobs, of a daughter.

24. At Roffend caftle, Mrs Beatson of Kilrie, of a fon.

DEATHS.

Aug. 12. At Calcutta, William Simpson, Efq; barrister at law, and the junior standing counsel to the Company. His death was occafioned by a wound he received a few days before from a tiger, whilft he was hunting at Barackpore.

Lately, at Bombay, Mrs Captain Little. Sept. 30. At Lucea in Hanover, Jamaica, the Hon. George Spence, cuftos rotulorum and chief judge of the Court of Common Pleas for that parish.

Oa. 1. At Pemberton Valley, St Mary's, Jamaica, Patrick Kennedy, third fon of Robert Kennedy, Efq; late of Pinmore.

At New Hampshire, America, M. Guederville, who had fled thither from the late convulfions in France. He was author of Memoirs of Cardinal Barberini, Abbot of Notre Dame de Farfa, and had annotated elaborately on the Memoirs of the Duke of Sully.

18. At Jamaica, in his 18th year, Enfign and Adjutant John Douglas of the 14th foot, fecond fon of Lt-Gen. John Douglas, Colonel of the 15th dragoon-guards, fince deceased.

Dec. At Bruffels, Sir Alexander Jardine of Applegirth, Bt.

2. At his villa near Palota, Lower Hungary, M. Drunnetzar, who had written very ingeniously on the methods of finding and comparing the gravity of bodies towards the planets. He had annotated on the fublime mathematical researches of Sir Ifaac Newton, and prefixed fome account of him from the time that great English philofopher was a tudent at Trinity College, Cambridge.

14. At Carlinwark, in Galloway, aged at leaft 108, Jean Walker. The faculties of her mind remained found and unimpaired, and even her bodily health fuffered little interruption, till about eighteen months previous to her death. Three years ago, she was fworn in a law-fuit of confiderable importance, and gave a depofition furprisingly accurate: Being afked by the Commiffioner in the proof (or the purpose of afcertaining her age,) whether the faw any part of King William's cavalry pafs through this country, on their march for Ireland, in the year 1689? She replied, That she did not fee them, but that coming to the Haugh of Urr, foon after the dragoons had left it, fhe faw on a piece of Holmland, near the fpot where the bridge now ftands, the places where the war horfes had been fed; and obferved several poor people fcraping up the remains of the black oats,

which the horses had left.-Even in the 1689, fhe could not be a mere infant, otherwife fo flight an incident as the above could not have made fo lafting an impreffion upon her ima gination. She ufed frequently to tell her acquaintances, “That she was baptized by Mr Hepburn, about two or three years be fore the going out of the Curates; that at her baptifm, fhe was fo old that the ftood on her own feet; and that her parents would¦ have kept her ftill longer unbaptized, if they could not have found a Presbyterian minister to perform the duty." The probability, therefore, is, that her age might be one hundred and ten. Neither does this appear very extraordinary in that part of the country where this woman dwelt. Within thefe twenty years, above twelve perfons have died in the lower part of Galloway, aged from 100 to 115. One William Marshall is ftill alive, aged 117.

16. At Madeira, Mr Andrew Elliot, youngest fon of Andrew Elliot, Efq; Edinburgh.

18. At La Solitude, near Laufanne, in Switzerland, Jofeph Gulfton, Efq; a young gentleman of confiderable property, who was a ward of the court of chancery. At the early age of 22 years and one month, and with a naturally ftrong and healthy conftitu tion, he fell a victim to the destructive habit of drinking drams, which he in a small degree contracted even before he left school; after which, under the expectation of a large fortune, he indulged every boyish extrava gance, to which he was too unhappily feduced by fome of thofe pernicious harpies who encourage young men in every kind of diffi pation, with a view the more easily to plunder them the moment they come of age. With fuch companions this young man had connected himself; and in confequence lived in almoft a conftant ftate of drunkenness. In April 1787 he went abroad, with a tutor, by leave of the court of chancery, with intent to refide fome time at Turin. But a few days before his departure, prevailing on a young lady of great merit, but fmall fortune, to whom he had long made his addresses, to marry him, they were united by banns at St Bride's church; and the, at his defire, con. fented to follow him to France, where he introduced to his tutor the lady as his wife. An account of this event having been tranfmitted to London, his guardian stopped all his remittances and bills of credit; fo that the young people, who were then got on as far as Paris, could proceed no farther for want of fupplies; notwithstanding which the young man got credit there to the amount of 1200 1. But the remittances ftill failing, he was at length thrown into the prison of La Force, in Paris, where he was confined four months, during which his wife was deli

vered of a fon, and, being unable to get common neceffaries, fhe and her infant muft have perished, had not a friend in London, no way related to them, fupported both her and her husband. From this mifery they were delivered by the humanity of the Lord Chancellor, who, in May 1788, ordered 11c0l. to be paid to releafe him from prifon, and to bring over him and his family to England. But his joy on this event was fo great, that he gave a feaft in the prison, with a profufion of punch and spirits; and making his guests drunk with repeated bumpers to the Lord Chancellor of England, drank to fuch an excess himself, as threw him into a ftate of fuffocation, in which he must have died, if his friend Dr Macdonald had not initantly relieved him by copious bleeding. After his return to England in May, as he was then within 18 months of coming of age, he was again befet by the neft of harpies, who fo far fascinated him, that he entered into every extravagance, contracted many debts, and lived in a state of inebriety little better than lunacy. He was at laft perfaded, by the entreaties of his wife, his friends, and his phyfician, to go to Laufanne. He accordingly went, at the end of March 1790, with his family, to Holland, and thence, in April, by eafy journies to Laufanne. On his arrival there, he was attended by the good Dr Tiflot, who, compaffionating his youth and fituation, conceived a real affection for him and his family, and became to him not only the phyfician, but a friend, a father, and protector; and fuch is the force of goodness, that this excellent man's advice produced the happieft effects on the patient, who foon became a convert to his excellent admonitions, and a moit fincere penitent. An happy crifis happened in his illness, from which the doctor entertained real hopes. He began vifibly to mend, and his appetite returned; when a ruthles creditor in England, who had a bill for a large fum, immediately on his coming of age, empowered a perfon at Laufanne to commence a fuit. The imprifonment was fru ftrated: but the terrors into which the youth was thrown threw him again into a ftate from which he never recovered.

19. At Wick, Mifs Chrifty Macleay, eldeft daughter of Bailie William Macleay of Wick.

25. At Modena, in her 66th year, her Serene Highnefs Maria Therefa, confort to the reigning Duke of Modena.

25 The Rev. Mr Andrew Richardfon minister of Inverkeithing.

25. At London, in his 55th year, Alexander Bean, Efq; army clothier.

26. At Stratford, Hugh Smith, M. D. late of Bridge-ftreet, Blackfriars, formerly of Tower-ftreet, and alderman of that ward

from 1775 to 1777. He was graduated at Edinburgh. In 1759 he published "An effay on the blood, with reflections on venæfection."

30. At Inver, Rofs-fhire, Henny Sutherland, fpoufe to Enfign Alexander Campbell, She played upon the violin to admiration, and had fuck commmand of the inftrument, that, while playing, fhe could fing, dance, or keep up a converfation.

30. At London, in St James's watchhoufe, William Jenkins, well known in most parts of the metropolis as a bellows-mender, and remarkable for a moft extraordinary deformity of nature. A celebrated furgeon has made him a weekly allowance for fome years, in confideration of having his remains for the purpofe of diffection. He was found in the freet in a state of intoxication, and expired in a few hours.

31. At Hope Park, Mr Martin Lindsay, writer in Edinburgh.

31. At Salton, in his 75th year, the Rev. Mr Patrick Bannerman, minifter of the gofpel there.

31. At Montrofe, Mrs Smith of Forret. Lately, Mifs Fitzgibbon, only daughter of the Lord Chancellor of Ireland.

Lately, at one of her caftles in Poland, in her 91ft year, the Countefs Dowager of Oginfka. This lady poffeffed fuch an extraordinary and almoft incredible degree of ftrength, that he could roll-up her own filver plate with her hands like parchment, and break a half-crown in two with the utmost facility. When 18 years of age, fhe aflifted at the caroufal given by Auguftus III. on his marriage with the Archduchefs Jofephina; and by her extraordinary activity carried away the first prize from the young nobility of Poland affembled on the occasion.

At Uttoxeter in Staffordshire, a person of the name of Raulin, aged 32, nearly equal in weight to the celebrated Mr Bright of Effex, viz. 34 tone. Though but 5 feet 6 inches high, he measured 6 feet 4 inches round

the waift.

Mr Fowler of Rollright, near Chipping Norton, a very eminent breeder of sheep and black cattle, particularly of the Dishley kind. He had in his poffeffion a beautiful bull and cow, for which he last year refused 1000 guineas; and a nobleman of Norfolk has for fome years purchafed his new-fallen heifercalves, at ten guineas each.

At Paris, literally of want, M. Ofterwald, a well-known banker. This man, originally of Neufchatel, felt the violence of the difeafe of avarice (for furely it is rather a difeafe than a paflion of the mind) fo strongly, that, within a few days of his death, no importunities could induce him to buy a few pounds of meat for the purpofe of making a little foup for him. ""Tis true," faid he,