tosh said they would give the police a licking, and that the Canongate lads were to join them on the last night of the year; he saw Sutherland and some others go into Davidson's on the last night of the year; the things taken that night were to be hid, and divided next day; but he did not hear of giving the things taken to M'Intosh; witness attended the Niddry Street party, and considers the pannels as the leaders of that party-he remembers being in the King George tap-room, which he left with the rest of the party-knows D. Campbell, the policeman, who was known by the name of the Royal Arch, and was very hard upon the boys saw a man knocked down at the Stamp Office Close, who was much smashed; witness had a watch in his possession that night, which he gave to Neil Sutherland, and this was shortly after Campbell was attacked-saw a boy running among the crowd, with a watch in his hand, and took it from him; the watch was taken from a gentleman shortly after Campbell was attacked; this the witness afterwards denied, and said, he took the watch himself; that he put his hand into a gentleman's pocket on the South Bridge, and took some money-M'Intosh and Macdonald were present when the watch was taken from the gentleman; saw a silk handherchief taken from a gentleman's pocket, who had been knocked down on the north side of the street. In the course of the evening, a number of gentlemen were attacked and knocked, down, and M'Intosh was particularly active.

William Swan, prisoner in Edinburgh jail said, that M'Intosh and Sutherland came to his lodging with two trunks and a watch. There were clothes in one of the trunks, and they were packed up and carried to the Glasgow carrier's, whiApril 1812.

ther M'Intosh and Sutherland said they were going. The witness was out on the last night of the year, and saw several riots.

Archibald McKechnie, hatter, Glasgow, said that on the 3d of January, two young men came to lodge in his house, and staid till Monday after; on that day they sent a girl for the largest trunk, as they were going to Greenock and would return again soon.-The girl accordingly got the trunk. Her name is Gemmel.

Flora Fleming, wife of the preceding witness, corroborated the evidence of her husband.

Charles Brown, lately prisoner in Glasgow, said, that he had been a prisoner in Glasgow jail, and recollects M'Intosh being brought into the same cell with him. One John Dunkison was there also. Remembers M'Intosh writing a line, which he gave to Dunkison, which line was afterwards given by Dunkison to Ann Gemmel; that some time after the girl returned, and gave Dunkison a pocket-book, which contained three notes, a breast-pin, and some silver; Dunkison gave the girl a note to change, and bring in some potatoes, desiring her to bring in the watches under the potatoes, which was accordingly done. By, this time M'Intosh was gone_to Edinburgh in custody. That Dugald Thomson got two watches, and afterwards another silver one, to raise some money; one White got another watch to keep for Dunkison, which watch, he thinks, is the one now shown him (Mr Allan's); that Dunkison gave the witness a silver watch, which he gave to his mother. Being shown a silver watch, says, it is the one he now sees, (Mr Cochrane's).

Janet Davidson, mother of the preceding witness, corroborated his testimony.

[John Dunkison, Dunkinson, or Lyall,

Lyall, was cited as a witness, and, for that purpose, was brought from Glasgow jail, where he was a prisoner, but he was not examined. Our readers will remember, that when Archibald Campbell was sent to Glasgow to apprehend M'Intosh and Sutherland, that he identified Dunkison, then in Glasgow jail, to be John Lyall, the brother of Adam Lyall, who was executed here in the course of last year, for robbing Mr Boyd on the Sheriffmuir. He was indicted along with his brother; but was not tried, the surgeons who attended him certifying that he was insane. He has now, however, recovered his senses, and at present stands charged with committing another highway robbery.] Janet Gemmel, residing in Glasgow, said, that she was acquainted with John Dunkison, who was a prisoner in Glasgow jail on the 7th of January; that he desired her to go to M'Kechnie's and get a trunk, and to open it, and bring the contents to him; that she took the trunk to her mother's, opened it, and found five watches and several other things in it; she was much astonished at the contents, among which was a pocket-book, containing three bank notes and some silver, which pocket-book she sent by her sister to Dunkison; she afterwards sent the watches and other things to Dunkison; and he sent her a watch to keep, but she was so much hurt at it, that she gave the watch to William Smith, to be out of her sight. Knows the watch now shown her to be the same (Mr Allan's); and also identified Mr Cochrane's watch, and also Mr Hughes' seals, to have been part of the contents of the trunk.

Anne Gemmel, sister to the preceding witness, said, that she remembers her sister bringing in a trunk to her mother, which was opened; [the witness described

what was found in the trunk, in the same manner as the former witness.]-She carried the pocketbook and its contents to Dunkison, and her sister afterwards conveyed the watches to him; some days after, she got a watch from Dunkison to give to her sister, which she did; being shewn Mr Allan's watch, says it is the same she got from Dunkison. William White, soldier of the 25th foot, said he knows the two preceding witnesses. Margaret Gemmel gave the witness a present of a watch, which he only kept a day, as he heard that watches had been stolen in Edinburgh: and he immediately went to the council chamber and gave it up; that he went to see an acquaintance in Glasgow jail, when Dunkison asked him to go an errand for him, which was to sell a watch-case to one James Ogilvy, which he did, and received five shillings for it: He also got a seal from Dunkison to sell, but Ogilvy would not buy it, as it was marked. It was identified to be Mr Ferguson's seal.

Dugald Thomson, private soldier in the 26th foot, said, that Dunkison called him off the street, and he went up to his cell, when he desired him to take two watches to James Ogilvy's, which he accordingly did; on his return, Dunkison gave him another watch, which he said might raise some money to him till the 24th.

James Ogilvy, tap-room keeper, Salt Market, Glasgow, said, that Dugald Thomson brought a pinchbeck watch to him from Charles Brown, who said he wanted some money on it; witness took the watch, and was afterwards apprehended, and it was found on him; he understood his wife had got another watch from Thomson, on which she gave him nine shillings, till the 24th, when he was to repay the money.

James

James Pirie, a criminal officer in Glasgow, said, that he assisted Archibald Campbell, city officer, Edinburgh, to apprehend M'Intosh and Sutherland, whom they lodged in Glasgow jail; he was also present when James Ogilvy was searched for the watch.

Mr Andrew Simpson, clerk to Mr Richard Henderson, one of the town clerks of Glasgow, identified two declarations emitted by the pannels, and also Mr Allan's watch, and Mr Ferguson's seal; he likewise identified Mr Cochrane's watch, which was brought to the office by Mrs Brown, mother of Charles Brown.

Mr Richard Henderson, one of the town clerks of Glasgow, corrob-, orated the testimony of the preceding witness in every particular.

Robert Smith, Esq. one of the Magistrates of Edinburgh, identified a number of declarations emitted by the pannels.

William Douglas, clerk to Mr Callender, depute city clerk, also identified the pannels declarations.

The pannels declarations were then read-M'Intosh emitted one at Glasgow, and five in Edinburgh; Sutherland also emitted a declaration at Glasgow, and four in Edinburgh; Macdonald emitted two declarations in Edinburgh.

EXCULPATORY EVIDENCE.

Janet Ross lives in Blair Street with her father who is a porter, and keeps a carrier's quarters; witness remembers Macdonald coming to her father's in the last night of the year, between 8 and 9 o'clock; he was very drunk, and lay about half an hour on a bed; he afterwards took more liquor, and remained in the house till near twelve. Has known Macdonald long, and always thought him a good charcter, mild and obliging.

Margaret Ross, sister to the last

witness, (13 years old) knows Macdonald; saw him in the house between nine and ten, very drunk; he remained till near 12. Witness is cousin to Macdonald, and sister to the pannel M'Intosh.

James Cameron knows Macdonald as a journeyman shoemaker; thought him a sober, innocent, regular man; had ample confidence in him as honest and faithful.

James Anderson knows Macdonald, who was four months in his service, and he thought him a sober, honest, respectable man.

EVIDENCE FOR M'INTOSN. George Petrie, a journeyman shoemaker, knows M'Intosh, along with whom he worked for some time; they worked close, and sometimes very late. On the last night of the year, witness worked till past 11 o'clock. He had been out, but found M'Intosh at work on his return.

John Riddel, shoemaker, Milne's 'Court, knows M'Intosh, who had been with witness since harvest; was very diligent and faithful, and worked late on the last night of the year-till near 12 o'clock. Witness went out shortly after M'Intosh, when he went down the High Street, and saw the disturbance arising; saw no police, and no one attacked; saw people chasing each other, but met with no disturbance; was near Milne's Square when he heard 12 strike; is sure it was not 11; was not half an hour from home that night, till he went out before 12, and is sure M'Intosh was at work the whole evening. There were others working in his shop, but does not recollect the name of any except George Petrie; does not recollect that Petrie was sent out; can't remember when he went to bed, but he was not in bed when witness returned.

Catherine Ferguson lodges in the house of a Mrs Veitch, where Rid

del

del has his shop, knows M'Intosh, who was close and diligent at work; saw him till past 1, fully half past; shortly after heard 12

strike.

EVIDENCE FOR SUTHERLAND.

Joseph Petrie, painter, knew Sutherland, who was always a quiet lad; knew his intention of going to Glasgow, long before he went there, to look for work as a painter; he intended to have gone there about the beginning of the year.

seen

Robert Scrimgeour has Sutherland; he came to witness's house, on the last night of the year, with two others, and two girls (Durie and Murphy), and remain ed till half past 11, when he went out with them.

Mary Murphy knows Sutherland; was with him on the last night of the year; went with him to Scrimgeour's at 10 and remained till 12; three other boys came along with them, but went away; found Mary Moffat, when she came home.

Mary Moffat lives at Mrs Imrie's, along with Mary Murphy, who came home a little after 12. Imrie was at home all that night; knows Bell Durie, who came in with Mur. phy when she came home.

The Solicitor General charged the Jury on the part of the Crown; Mr Simpson was heard for Macdonald, Mr Jeffrey, for Hugh Sutherland and Neil McIntosh. The Lord Justice Clerk then summed, up the evidence in a speech of great candour and accuracy. The Jury were inclosed about 4 o'clock next morning, and appointed to give in their verdict at 2 o'clock, on the same day.

The Court again met at two

Their Lordships then delivered their opinions; and after a most solemn address from the Lord Justice Clerk, the pannels were ordained to be executed, on the 22d of April next, on a gibbet, to be erected for that purpose opposite the Stamp Office Close, High Street-the body of M'Intosh to be afterwars delivered over to Drs Monro sen. and jun. for public dissection. The prisoners heard their awful sentence with a surprising degree of fortitude.

The youth of the prisoners, M'Intosh and Sutherland, as well as that of their accomplices, who were brought forward to convict them,.some of whom being no more than 15 years of age, occasioned a strong sensation in the Court. To these witnesses the Lord Justice Clerk addressed a most humane admonition; pointed out to them their close connection with the prisoners at the bar, and the very trifling accident which prevented them from standing in their place, instead of being witnesses against them. He conjured them to profit by the sad and melancholy scene before hem, and trusted that they would henceforth refrain from that idle and dissipated life, which had brought their companions into their present awful predicament.

Account of James Small, and of his Improvements in the construction of Agricultural Implements.

By Sir John Sinclair. From "Account of the System of Husbandry, adopted in the more improved districts of Scotland," 8vo. 1812.

TEXT to the pleasure of pro

which unanimously found the three pannels guilty of two several acts of robbery, and the pannel, M'Intosh, art and part guilty of the murder of Dugald Campbell.

country, by personal exertions, is the satisfaction of doing justice to the merit of those, who have distinguished themselves, by their suc

cessful

cessful efforts in the accomplishment of that object. I am thence induced to give some account of a native of this country, James Small, to whom Scotland, and the agricultural world in general, are peculiarly indebted. That is the more necessary, as the services of this useful mechanic have not hitherto been sufficiently known or appreciated.

James Small was born at Upsetlington, in the parish of Ladykirk, and county of Berwick, about the year 1740. His father's only profession was that of a farmer. Under his superintendance, his son, the late James Small, was instructed in all the various branches of agricultural labour; a knowledge, of which he afterwards experienced the advantages.

Young Small was first bound as an apprentice to a country carpenter and ploughmaker, at Hutton, in Berwickshire. He remained in Scotland for some time after his apprenticeship was over; but about the year 1758, he went to England, where he worked with a Mr Robertson at Doncaster, in the making of waggons and other wheel carriages.

It was in the year 1763, that he settled at Blackadder Mount in Berwickshire, under the patronage of John Renton, Esq. of Blackadder. He there set up a manufactory of ploughs and other agricultural implements; and as he at the same time occupied a farm of considerable extent, he had an opportunity of trying many experiments, which he might not otherwise have been enabled to attempt. He there contrived a device for ascertaining the best shape of the mould board, by making it of soft wood; by means of which, it soon appeared, where the pressure was the most severe, and where there was the greatest friction.

When he first settled at Blackadder Mount, the old Scotch plough was almost solely in use through Berwickshire. It was drawn by a pair of horses, with the addition of four, and sometimes six oxen; the smallest number was a pair of horses, and a pair of oxen, attended by a driver.

He began with trying experiments on his own farm, with ploughs of smaller sizes, and of different forms, proving, by a steel-yard with a stronger spring than usual, which of them performed the best work with the least force of draught.

Some persons are impressed with an idea, that he had no other merit, but that of introducing into Scotland, the Rotherham plough, or reviving a plough that had been made by an itinerant ploughmaker, called Lomax, or Lummas, many years before, but which had fallen into disuse; neither of which however is the fact. That he was well acquainted with the Rotherham plough, appears from his own treatise on ploughs and wheel carriages, (p. 172): and he probably would adopt any particulars in the construction of that plough, which might appear advantageous; but it is well known, that he improved his own plough gradually, and by means of repeated experiments; and there is positive evidence, that instead of the Rotherham, the old Scotch plough was the foundation on which he proceeded. Besides the testimony of Lord Kames, to be afterwards quoted, his bookkeeper, Hector Heatlie, in a letter to one of the late James Small's sons, states, "That when his father began business at Blackadder Mount in 1763, there was nothing used in Berwickshire but the old Scotch plough, a comparatively very awkward instrument, which went with two oxen and two horses, and indeed often with four oxen

and