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and merit's my warmest commendations. She proved to be the Dutch national brig Manly, formerly British, and captured by the Dutch in the river Ems. She mounts twelve 18-pounder carronades, and four long brass 6-pounders, with a complement of 94 men,command. ed by Capt.-Lieut. J. W. Heneyman, of the Dutch navy.

"I am happy to say our loss is trifling, having only three wounded, and the enemy five killed and six wounded. I feel more pleasure in announcing her capture, as she sailed from the Texel, in company with another brig, for the sole purpose of annoying and intercep ting our trade with Heligoland. She has made one small capture from Emb. den, laden with oats,' supposed to be for England."

The following particulars respecting the capture of his Majesty's schooner Rook were communicated in a letter from the master, who succeeded Lieut. Lawrence in the command :—

"The Rook sailed from Plymouth with dispatches for Jamaica, and after taking in a quantity of specie, sailed again for England on the 15th of August. On the 18th of Aug. at day light, she fell in with two French schooners, and immediately cleared for action; on the largest vessel coming alongside with English colours, and not answering when hailed, but immediately hoisting French colours, Lieutenant Lawrence shot the French captain, when a most desperate action commenced; after an hour's hard fighting, Lieutenant L. received his last wound by a musket-ball, and the Rook was immediately carried by boarding, the French officers repeatedly calling to the men to give no quarter. Mr Stewart, the master, received seven most desperate wounds with a cutlass, of which he recovered, but died afterwards of the yellow fever. Mr George Reid, an officer in the Royal Artillery, after 20 years service in Jamaica, returning to his native country in the Rock, with a very considerable property, was inhumanly killed by the enemy in boarding. The survivors were stripped naked, put in their boat, and turned adrift, but by the exertions of four, who were not wounded, they reached land, and were most hospitably received by the natives. The Rook was so much damaged that the enemy set fire to her.”

We have some particulars of the lost of the Crescent frigate, in a letter to Mr John Munro, Quartermaster of the Forfarshire Militia, from his son, Mr John Munro, iate master's mate on board the Crescent. They are in substance as follows:

"The Crescent was wrecked off Jutland. The Master, Mr Weaver of the Marines, Mr Masson, Mr Lavender, Mr Houghton senior, and Mr Walker the boatswain, are the only officers saved; all the rest perished; only 53 men were saved. We are treated well, and I shall endeavour to send this by a vessel going with prisoners. We expect to be sent to Weiburgh in a few days, and hope we shall be exchanged soon. I was saved in the jolly-boat. It was wonderful how Mr Weaver escaped on the raft, with Mr Lavender and Mr Masson, midshipmen. They were often washed of the raft by the sea breaking over them, but recovered themselves, and cleared the ship, when in the greatest danger. Their exertions were great. The Captain ordered Mr Weaver to take charge. Please publish the following list of the officers lost, for the information of their friends:-Capt. Temple, Lieut. Kerwin, Lieut. Maclean, Lieut. Stokes, R. N.; Lieut. Snodie, Royal Marines; Mr Hosier, pursuer; Mr Rolff, surgeon; Mess. Anson, Wallace, Haker, O'Donnel, Willis, Wytte, Houghton jun. Spurgeon, Knight, midshipmen; Mr Colter, carpenter; Mr Williams, gunner; Mr Bradford, passenger; one child and six women; besides 191 seamen and marines. All that went on the second raft perished. The ship struck at ten o'clock at night on the 6th Dec. and went to pieces about five next evening. We arrived here (Oldburgh) the third day, and met with great kindness. The exertions of the officers and men, from the time the ship struck till she went to pieces, are beyond description. Two pilots were drowned."

The brig Carnation, of 18 guns, was lost, after a severe action, in which she accidentally run ashore under the guns of some batteries at Martinique, when she was taken possession of by her enemy, le Palineur, of 18 guns, which also has since been taken by his Majesty's ship Circe, and carried into Antigua. Every officer on board the Carnation was killed.

SCOT.

Scottish Chronicle.

HIGH COURT OF JUCTICIARY.

ON

N Monday Dec. 12. came on the trial of James Holland, private soldier in the 6th or Inniskilling dragoons, accused of robbing John Hay, tenant in Duncanlaw in East Lothian, on the evening of Friday the 18th of November last.

John Hay in Duncanlaw, the principal witness, stated, that he was at Haddington market on the above day, and left it about five in the afternoon, in company with James Cunningham in Barra; that about half a mile from the town, his horse was seized by the bridle, by a man who demanded his money, to which he answered, that surely the person must be in jest. Upon this the demand was repeated with a threat, if he did not comply, to blow out his brains, when he immediately received a blow on the left temple, which brought him to the ground, and he remembered nothing after this until he felt himself pulled along upon his back to a sort of ising ground, on the side of the road, where he found his head among thorns. He still felt the hand of a man dragging him, and began to struggle; the man sprung back, and put his hand under the witness's great coat. he seized the man by the collar, and Upon this, found by the hardness of it, that he was a soldier. A struggle then ensued, in the course of which, the soldier pulling more violently at the witness, the latter got upon his feet, when the soldier struck him several hard blows, and got his leg behind that of the witness, who immediately fell over, and pitched with his head upon the road, the soldier falling above him. The witness then laid hold of him with both his hands, and kept him down upon his back, in which situation they struggled for some time, until the witness, in trying to get upon his legs, allowed the soldier to get from under him, and they both rose, when another scuffle took place; the soldier striking the witness many severe blows, and swearing that his accomplices would come up and butcher him. He then Jan. 1809.

10

ditch, got above him, and called out to succeeded in driving the soldier into a then heard horses feet, and called out Mr Cunningham to secure his man. He tempting to rob and murder him. Upon for assistance, as a man had been atthis James Hay in Sherriffside, and Wm. dington a short time after the witness, Simpson in Redhill, who had left HadThe witness asked if he had any pistol, came forward and seized the soldier. to which he answered, that he had only they procured a rope, with which they a stick. A cart having then come up, tied the prisoner's hands, carried him to Haddington, and gave information to missed the chain and seal of his watch, the Procurator Fiscal. The witness then the chain was broken from the watch, the fragments of the last link being found in his watch pocket. He swore to the person of the prisoner.

former witness as to leaving HaddingJames Cunningham agreed with the after passing the Nungate toll, he was ton on the evening of the 18th Nov. attacked and knocked off his horse; and being quite insensible, recollected having heard Mr Hay call out to him nothing of what passed farther, than to secure bis man.

James Hay and Wm. Simpson concurred in stating, that when riding along murder, when they rode up to him, and the road, they heard John Hay call out assisted in securing the prisoner, put him in a cart which was passing, and carried him to Haddington jail.

A declaration emitted by the prisonply stated, that he had got so drunk at er at Haddington was read, which simHaddington on the day libelled, that he recollected nothing after leaving it, until he found himself upon the cart.

The Lord Justice Clerk addressed the Jury in a long speech, and stated, that the question of the robbery dependwhether the prisoner had actually robe ed entirely upon the fact being proven, bed Mr Hay of his watch-chain and seal. If the evidence had not established that essential point to their satisfac

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The Lord Justice Clerk, after a strong admonition to the prisoner, then pronounced the highest sentence the law allows in such cases, that he be transported beyond seas for life.

Dec. 26. The Court proceeded to the trial of Robert Wright, alias John Handy, accused of theft, and of being habit and repute a thief. The indictment stated, that on the 2d December 1807, the prisoner stole from the warehouse of James Aitken, carrier between Edinburgh and Glasgow, in the Grassmarket of Edinburgh, a parcel addressed to James Budge, merchant in Anstruther, containing various articles of linen and cotton goods. The prisoner pled Not Guilty.

The carrier's clerk and porter were examined, who concurred in stating, that the parcel stolen from the warehouse was directed, not to James Budge, but to John Budge, merchant in Anstruther.

Upon this the Counsel for the Crown declined to proceed farther in the trial; and the jury having, by direction of the Lord Justice Clerk, returned a verdict of Not Proven, the prisoner was dismissed simpliciter from the bar.

Dec. 27. Came on the trial of Grizel Johnston, lately residing at Port-Seton, for breaking into the washing house of the Rev. Dr Hamilton, at Glads. muir, and stealing several articles therefrom, being at the time under sentence of banishment from the county of Haddington, as a person of bad fame and a thief. The prisoner pled Guilty; and the Jury found her Guilty accordingly, and the Court sentenced her to be transported beyond seas for seven years.

Jan. 13. Came on the trial of Thomas Nielson, late servant to Lieut.-Colonel Wauchope, of the Edinburgh militia, for opening by means of a skeleton key, the drawer of his master, and stealing money, &c. therefrom. The prisoner pleaded guilty, and the jury having re

turned their verdict accordingly, the Court sentenced him to be transported beyond seas for life.

Jan. 16. Came on the trial of John M'Intyre shoemaker, Andrew Stewart tailor, and Robert Stewart journeyman bookbinder, all in Edinburgh, accused of breaking into the work shop of Peter More, calico glazer in Edinburgh, on the night of the first November iast, and stealing therefrom a number of webs of cotton cloth, &c.

The prisoners having pleaded Not Guilty, the prosecutor proceeded to the

evidence.

Peter More, calico glazer in Edinburgh, stated, that he takes in goods to be glazed; that about the end of October last, he received from Samuel So. merville and Co. 27 pieces of white calico, together with 12 pieces from Gilchrist and Co. merchants in Edinburgh, in order to be dressed. On the morning of the Wednesday preceding the fast day in November 1808, he was told by one of his servants that his shop had been broken into, and on going down, he found the shutter of one of the windows forced open, by breaking the iron bolt. Thirty pieces of calico were carried away. He missed also two green cloths, for covering the goods, and a black coat, silk vest, black breeches, and har, which were deposited in an open trunk in his shop. The first time he heard of these goods was on the Friday following, when a Mr Ramsay, a slater, told him he believed he would be able to discover where they were to be found, by means of a Mrs Thom, in the Cowgate, who had been asked to buy some such cloth lately. After some difficulty, Mr More found Mrs Thom, who went with him to a house in Blackfriars wynd, where he found, concealed in a bed, a large quantity of goods, which, upon examination, proved to be his own. These goods he immediately dispatched to the Council-chamber by several porters, attended by one or two of the town-officers. He was examined there himself, upon which occasion he again looked particularly at the goods, and was satisfied they were his property. Certain goods were shewn him in Court, which he was certain were the same that he had deposited in his shop, and had afterwards seen in the house in Blackfriars wynd, having not

only

only the marks put upon them by So. merville and Co. but likewise a private mark of his own put on when he first recognised them. Twenty-five pieces were found in all, of which 24 were white calico, and one printed furniture. Arch. Gilchrist, Win. Gilchrist, and Samuel Somerville, identified their respective goods.

Margaret M'Donald proved the fact of a house having been hired by the pri soners from. her in Skinner's close, to which the whole three occasionally resorted, and in particular, she remembers of seeing the whole of the prisoners to⚫ gether in the house, and a quantity of goods lying on the floor of a closet adjoining to the room. The acesss to the house was by a passage which led to those of other families.

Ann Thom, broker, College Wynd, stated, that on a Friday evening in November last, in the Sacrament week, Andrew Stewart, one of the prisoners, came and offered her cloth for sale, which he said was lying in a house at some distance. She accordingly accompanied him to a house in Blackfriars wynd, where she found all the prisoners together, with M'Intyre's wife and a young child. She was then told by Robert Stewart, that the cloth, which he said they had taken from the callenderhouse belonging to Mr More, was in an adjoining apartment. The next day, betwixt three and four in the afternoon, having previously told Mr Ramsay the slater of her intention, she went to M'Intyre's house, where she found Robert Stewart, who again asked if she would buy a web of cloth. M'Intyre and Andrew Stewart then proceeded with her to the house in Blackfriar's wynd, where she saw white calicos and printed furniture lying in a heap on the ground. M'Intyre informed her that they were divided into three shares, and having selected one piece from his own share, he sold it to her for 13s. which she paid to him. This piece she now identified. While in this room, one of the prisoners complained of a piece of the goods having been taken away, for which reason he said Robert Stewart ught not to be again entrusted with the key. She also heard M'Intyre say, that the goods were first in his house, and express great terror until they were removed.

Archibald Campbell, town-officer, stated, that in consequence of information of the house breaking, and the discovery of the goods in the house in Blackfriars Wynd, he went thither, accompanied by two constables, and seized a large quantity of goods, which he immediately sent to the Council-Chamber. He then proceeded to M'Intyre's house, where he apprehended the two Stewarts, and not suspecting M'Intyre, he dispatched him for the Guard, but, on his return, he judged it proper to apprehend him also. The goods were made up into sealed parcels at the Council-Chamber.

The prisoner's declarations were then read. In their first declarations the two Stewarts denied the least knowledge of the circumstances proved by the evidence; but in their second declarations they confessed, that, after concerting the housebreaking, they had forced open the shutter of one of the windows of Mr More's warehouse, and afterwards opened a back-door, through which they had carried off the goods.

M'Intyre, in both of his declarations, denied the least share in the crime; asserting that he was quite intoxicated during the night on which it was said to have been committed, and did not recollect whether he left his house with the Stewarts or not; he confessed baving seen several bundles of white goods laid down upon the floor of his house that night, as to which he asked the Stewarts where they had got them; and on their stating that they had taken them from More's, he answered, that he feared it would be a bad job for them.

The Lord Advocate then addressed the Jury for the Crown, and Mr James Moncrieff on the part of the prisoners; after which the Lord Justice-Clerk delivered a charge to the Jury, with his usual distinctness and candour.

The Jury returned their verdict next day, finding all the pannels Guilty, who, after an impressive speech from the Lord Justice Clerk, were sentenced to be executed on Wednesday the 22d of February next.

They are all young men; the two Stewarts are brothers.

John Bird, guard of the Edinburgh and London mail coach, taken up some time since at Berwick, for abstracting

a shawl from a parcel, the property of Mr Spittal, haberdasher in Edinburgh, was tried at the sessions at Berwick, on Saturday the 14th of January, found guilty, and transported beyond seas for seven years.

EARTHQUAKES.-A shock of an earthquake was felt at Dunning, in Perthshire, on the 18th of January, about two o'clock in the morning. Mr Perer Martin, surgeon in Dunning, gives the following description of it:

"He was coming home at the time on horseback, when his attention was suddenly attracted by a seemingly subterraneous noise, and his horse immediately stopping, he perceived the sound to proceed from the north-west. After continuing for the space of half a minute, it became louder and louder, and apparently nearer, when, all of a sudden, the earth gave a perpendicular heave, and with a tremendous waving motion, seemed to roll in a south-east direction. The noise was greater during the shock than before it, and for some seconds after, it was so loud that it made the cir cumjacent mountains re-echo with the sound, after which, in the course of about half a minute, it gradually died away. At this time the atmosphere was calm, dense, and cloudy, and for some hours before and after there was not the least motion in the air. Fahrenheit's thermometer, when examined, about half an hour after the shock, indicated a temperature of 15 degrees below the freezing point of water. The preceding day was calm and cloudy; thermometer, eight A. M. 14. eight P. M. 13. The morning of the 18th was calm and cloudy, but the day broke up to sunshine; thermometer, eight A. M. 19, eight P. M. 16. This was a greater shock than that felt here on the 7th of September 1851, about six A. M. and had it been succeeded with another equally violent, it must have damaged the houses, but fortunately we have heard of no harm being done."

A letter from a gentleman residing at the Bridge of Allan, in the neigh bourhood of Stirling, mentions that a smart shock of an earthquake was felt there on the same morning, between two and three o'clock. He says that it was so violent along the foot of the hills, as to make the tables and chairs rattle.

It is remarkable that a tremendous shock of an earthqnake was felt on Mon. day the 9th January, about half past five in the morning, at Comrie near Crieff, more violent than any we have had since September 7. 1801. The noise attending it was loud, and greatly prolonged. During the time of the shock, the air was calm and serene. The moon, in her first quarter, shone bright, and the sky was afterwards covered with whitish clouds, roving rapidly from N.W. to S.E. The scene was magnificent, calculated alike to awaken the feelings of the man, and the devotion of the Christian.

The mortality bill of the city of Glasgow and suburbs for the year 18c8 2mounts to 3265; that for 1807 amounted to 2463, being an increase in the burials of last year of So2.-This arises chiefly from the great mortality which took place last year by the measles. In the city and suburbs S05 died of this disease last year; whereas, in 1907, the number in the city was only 33, and in the suburbs about as many. It is worthy of remark, that, in the Town's Hospital, where 48 were affected with mea. sles, only 3 died; and that the smallpox, formerly the most destructive disease incident to infants, has now in that place almost subsided. In the year 1795, there died in Glasgow, of the small pox, 265, and last year only 14.

Cow-Pox.-Nine hundred and fiftyone children were vaccinated gratis, at that useful and excellent institution the Edinburgh Public Dispensary, during the course of last year, and since that great discovery, the whole number vaccinated at this Dispensary amounts to nine thousand, eight hundred, and fiftyfour, all of whom have gone through the disease with pertect ease and satety; and although many of them have been since exposed to the small pox, not one of them has been subjected to that loathsome disease.

MILITARY APPOINTMENTS.

The following are appointments for the three regiments of local militia of the county of Edinburgh:

Primrose, James Dewar, Esq. of Vogrie, and Lieut. Col. George Scott:

Lieut.-Colonels Commandant.-Viscount

Second Lieut-Colonels.-Robert Hepburn, Esq. of Clerkington; A. H. Mitchelson, Esq. of Middleton: Lieut.-Col. Patrick Walker.

MAR

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