before he went home," and still continued knocking at the door. At laft the door was opened, and Allan stepped forward to ftrike Lindsay, who retired, but immediately after ran forward, and ftabbed Allan, firft in the breaft, and then in the groin. Upon receiving the wounds, Allan fprung back, and his father prevented him from falling, and placed him in a chair, when he faid, "Father, I am ftabbed to the heart the fellow has got a knife." Allan's door was shut, and Lindsay and Aberdeen (the neighbour) left ftruggling on the ftair-head, when Aberdeen took the knife out of Lindsay's hand, who went down ftairs, and was taken home by a Mrs Patrick, who afked him if he was hurt? he faid, "No; but, by God, I have done for him "- In the mean time, Allan was put to bed, and afliftance fent for; and about eleven o'clock his wounds were dreffed by Dr Farquharfon and Mr Bell, who declared that the wound in the groin was about an inch and a half in length, and, when they came to drefs it, near 24 inches of the inteftines were hanging out; that the wound in the breaft was of lefs confequence, as the knife had ftruck on the ribs, otherwife it would have occafioned inftant death, being nearly oppofite to the heart; and both thefe gentlemen declared that Allan's death was occafioned by the wound in his groin. Allan lived nine nights and eight days after receiving the wounds; and, about two hours before his death, he declared to his fifter, that the affair happened juft as above defcribed, but faid he forgave Lindfay, and that he had never ftruck him.

1

Lindlay was foon apprehended, and, before being put into jail, faid to one of the men who took him, he was "forry he had not killed him (Allan) on the fpot."-In his declaration before the Sheriff, he admitted he had gone home for a knife, returned to Allan's houfe, and stabbed the foldier with it, who, he faid, had knocked him down, and hurt him. He alfo faid he was not drunk, but a little hearty.

Three witneffes were called in exculpation, but their evidence proved nothing but that Lindsay had been drinking that day, and one of them faid he was drunk.

The Lord Advocate addreffed the Jury for the Crown, in a fhort, candid,

and humane fpeech, as did Mr Jardine for the prifoner, and difplayed much ingenuity in his behalf. Lord Juftice Clerk fummed up the whole in an accurate manner; and the Jury returned their verdict, finding, by a great plurality of voices, the prifoner Guilty; on which he was fentenced to be hanged at the weft end of the Tolbooth, on the 7th of April next, and his body to be delivered to Dr Monro to be diffected.

The Lord Juftice Clerk gave the prisoner a very suitable and folemn exhortation, intreating him to make his peace with God, and repent of the heinous crime he had committed, as he could not poffibly expect any mitigation of his fentence.

Counsel for the Crown, the Lord Advocate, and John Burnet, Efq.-For the prifoner, John Jardine and Alexander Copeland, Efqrs.

The prifoner is an old gray-haired man.

The Jury generously fent feven guineas and a half, the allowance made them by the Crown, to the father of the deceafed John Allan.

LAW INTELLIGENCE.

MacLeod. v. Duff.

This was an action, at the inftance of Dr James MacLeod at Balmore, near Invernels, against Hugh Robert Duff, Efq. of Muirtown, and the circumftances of the cafe were fhortly the fe:-In the year 1799, Dr MacLeod brought an action of defamation and damages, at his inftance, before the Court of Seffion, against Mr Duff, fetting forth that he had been calumniated and injured in his good name and reputation, by Mr Duff. This procefs was afterwards re ferred to Mr Solicitor General Blair, and the Hon. Henry Erfkine, the mutual Counsel for the parties, who, after a great deal of procedure, and allowing a proof, pronounced a decreet-Arbitral, dated the 1ft of March 1800, whereby they "Find it proved, that during the time libelled (i. e. in the month of January, 1799,) the faid Hugh Robert Duff did, upon fundry occafions, make allegations highly injurious to the character of the faid Dr James MacLeod. Find that no circumftance has been proved to juftify thefe allegations, and therefore we find the faid Hugh Robert Duff liable in damages and expences, which damages and expences we here. by modify to the fum of 250l. fterling.

This Submiffion and Decreet Arbitral are recorded in the books of Councr and Seffion, (Office C. G.) 1ft March 1800.

The prefent action was founded on the proceedings of the former fubmiffion, and the libel ftated, that in December 1800, during the proof allowed by the arbiters, Mr Duff had iniulted and abufed the purfuer while the proof was taking, and had also ftruck him on the ftreet of Inverness, on one of the days of that proof. After a good deal of procedure before the Court of Seffion in this fecond action, and a proof of the facts there ftated, the Court, upon the 25th day of February laft, pronounced the following interlocutor:- "Find the conduct of the defender, Hugh Robert Duff, Efq. towards the purfuer, was unprovoked, unwarrantable, and unjuftifiable, and therefore find the faid Hugh Robert Duff liable in damages to the Purfuer, modify the fame to 300l. fterling, and decern. Find him alfo liable in expences, and allow an account thereof to be given in to the Court."-And their Lordships, upon the 11th day of March, curt. modified the faid expences to zool. fterling, befides the expence of extract.

Counsel for the purfuer, the Lord Advocate, the Hon. Henry Erfkine, and Thomas Walker Baird, Efq.-Agent, Mr James Robertfon, W. S. Counsel for the defender, John Clerk, Charles Rofs, and James Gordon, Efqrs. Agent. Mr James Grant, W. S.

SCOTS APPEAL.

Walker v. Allan.

March 2. This day the House of Lords gave judgment in the Appeal, Mr Walker and others, creditors of Sinclair and Williamfon, late Merchants in Leith, Bankrupts, against Mr Robert Allan, Banker in Edinburgh. This was an action brought for recovering the ftatutory penalties, on an alledgance that the Refpondent had, in fundry inftances, taken more than legal interest in discounting bills for the bankrupts, and in other money tranfactions. The defences were, f, That the action did not lie after 12 months from the offence committed. 2d, Admitting that he had taken more than the legal intereft, the furplus was a Commiffion, or reward for trouble; that it was cuftomary with money-dealers; and that it was unfair to pick out a few inftances in the accounts, when, taking the whole tranfactions between him and the

Bankrupts, it would be found, that his charge for commiffion, was not more than 1-4th per cent. The Court of Seffion declared it unneceffary to decide in the first defence, and upon the fecond, found there was no ground for the charge of usury, and therefore difmiffed the action with Cofts, and from this decree the Appeal was taken. The Lord Chancellor declared himself clearly of opinion, that there was ground for the charge, and that it was made out by prima facie evidence, the force of which the Refpondent had not taken off though, perhaps he might yet be able to do fo

That it was not allowable for him to calculate upon the whole tranfactions, and apportion what was stated beyond the legal intereft, and now called a Commiffion, in difcounting particular bills, upon the whole, when, in his Books, each article had a diftinct and separate deduction. Every arti cle objected to, must be confidered by itfelf, and the question would be, whether the charge or deduction beyond legal intereft,, was truly meant as a compenfation for trouble on that article, and whether it was adequate. He obferved deductions at the fame precife rate on a variety of Bills, and could with difficulty conceive how the trouble could be the fame on each. The burden now lay upon the Refpondent to prove a general cuftom, and that cach charge was moderate, and fairly meant for trouble, and not for the accommodation. Befides the deduction from discounted Bills, he obferved a general charge as for Comthe accounts frequently fettled within the miffion against the Bankrupts; he observed year, and intereft and charges converted into principal, carrying interest. Where was this to stop? Or were the Bankers of Edinburgh to be permitted to do what would be fuffered no where else? He meant, however, (in respect, that from the way the Court took up the matter, the Re. fpondent had not been put upon his proofs, and might ftill be able to fhew that he had done no wrong, and in refpect that the Court had not decided on the first defence, and there might be other points to confider, and, at any rate, as it was clear that the accounts must be inveftigated Item by Item,) not to move a Reverfal of the Decree, but only that the caufe fhould be KEMITTED to Review the interlocutors ge nerally. The other Lords concurring, it was ordered accordingly. Counsel for Appellants, Mr Attorney-General, and Mr Adam Solicitor, Mr Chalmer.-Counfel for Refpondent, Mr Solicitor-General, and Mr Alexander; Solicitor, Mr Longlands.

Mar. 3. Janet Yorkston, keeper of a tanbouring work, Drygate, Glasgow, widow

of

Ton. the EARL of BUCHAN. The exercife prescribed, was a tranflation from the Greek into Latin and English, which many performed much to the fatisfaction of the judges; but the premium was decreed to James Leflie, fon of the late Captain Leflie, of the 15th regt. of foot.

March 23. The Annual Election for Of ficers of the Board of Agriculture took place, when the Right Hon. Lord Carrington was re-elected Prefident of the Board for the year enfuing.

March 24 Six lots of ground for building on, fituated on the north-welt fide of Lothian Street, belonging to the Trustees appointed by act of Parliament, for building a bridge over the Cowgate, &c. were fold in the Dean of Guild's Court-house, at the following prices :

L.405 Lot 5th, L.720 435 Lot 6th,

305

day, and where he has opened a fchool for inftructing the Blind in the above Manufactures, one of whom, in the courte of three months, can earn, with ease, one fhilling a day, and the rest in proportion to their abilities. Such fanctuaries are not only a great bleffing to thofe unfortunate people themfelves, but are of effential fervice to Society. They both prevent begging, aud contribute to the public ftock of labour and ufefulness. Alexander Sutherland, another of the Afylum pupils, has likewife fet up for himfelf as a Basket Maker in Glasgow, and is doing well.

March 30. There were 340 bolls of Oatmeal in Edinburgh Market, which fold from 16s. 6d. to 178. 3d. per boll.-Retai prices per peck of Beft Oatmeal, Is. 141; Second, rs. one halfpenny.-There were alfo 60 bolls of Feafe and Barley Meal, which fold from 125. to 13s. 6d. per boll-Retail price per peck, 10d. to Is.

BANK OF SCOTLAND.

March 25. The Glafgow Society of the Sons of the Minifters of the Eftablished Church of Scotland, held their twelfth Anniverlary meeting in the Tontine Tavern, when a number of new members were admitted. The Lord Provost and Magiftrates, with the Gentlemen of the Society, walked to St Andrew's Church, where a moft excellent fermon was preached by the Rev. Mr M'Gill, one of the minifters of Glafgow. They afterwards diftributed, for the excellent purposes of the charity, the annual intereft of their increafing capital, together with the liberal collection of about 651. received at the Church door. The Society dined, and fpent the evening with their ufual harmony and conviviality.

March 26. An excellent fermon, for the benefit of the Induftrious Blind, was preached, to a moft refpectable audience, by the Rev. Mr Black, from Malachi, chap. i. 10. Have we not all one Father? Hath uot one GoD created us?" The collection amounted to L.54 35. It will gratify the friends of this inftitution to be informed, by a letter from a refpectable Gentlersan in Belfast, that Dennis Maguire, from Ireland, who has been feven years in the AfyJum, where he was taught making Mattresfes of Hair, Wool, and Straw, Bafkets of all forts, Matts of different kinds, Fithing and other Nets, and weaving Cotton Cloth with the fly fhuttle, is now returned to his own country, in Belfast, where, by his exertions he makes from Two to Three Shillings a

March 30. This day the following No. blemen and Gentlemen were unanimously chofen Governor, Deputy-Governor, and Directors of the Bank of Scotland:

GOVERNOR,

ville.

DEPUTY GOVERNOR,

PATRICK MILLER, Efq. of Dalfwinton.

ORDINARY DIRECTORS.

Lauchlan Duff, Elq. Writer to the Signet,
Thomas Hog, of Newlifton, Efq.
William Honeyman, Lord Armadale,
Alexander Keith, Efq. of Ravelfton, W. S.
George Kinnear, Efq. Banker in Edinburgh.
Alex. Charles Maitlaud, of Cliftonhall, Eiq.
James Mansfield, Efq. Banker in Edinburgh.
Adam Rolland, Ely. Advocate.
Sir John Sinclair, of Ulbiler, Bart. M. P.
Alex. Wallace, Efq. Banker in Edinburgh.
James Walker, Efq. W. S.
Alexander Young, Etq, W. S.

EXTRAORDINARY DIRECTORS.
His Grace the Duke of Montrofe.
Right Hon. the Earl of Kelly,
Right Hon. the Earl of Lauderdale.
Right Hon. the Earl of Dalhousie.
Right Hop, the Earl of Glasgow.
Robert Clerk, of Mavifbank, Elq.
Archibald Douglas, Elq, of Edderton.
Licut. Col. James Hay, 29th dragcóns.
William Hope Weir, Efq. of Craigichail.
David Johnstone, Efq. of Lathrifk.
Adam Ogilvie, of Harifwoodmyres, Elq.
George Ramfay, of Whitehill, Efq.

March 31. This day the Prefbytery of Edinburgh met here, when, after their ordinary bulinets, they made choice of the following gentlemen to represent them in the enfuing General Affembly, viz. the Rev. Mr James Oliver, Corftorphine; Mr James Dick, Currie; Dr John Kemp, and Mr

William

William Simpson, Edinburgh; Mr Walter Buchannan, Canongate; and Mr William Paul, St Cuthbert's, minifters. The Right Hon. the Lord Advocate, Andrew Wauchope, Efq. of Niddry, and Thomas Hender. fon, Efq. Dean of Guild, Elders. The Minifters were, as ufual, chofen unanimoufly, hat three other Gentlemen were proposed for Elders, viz. John Dickson, Efq. Advocate; John Balfour, Efq. of Pilrig; and Mr George Spankie, merchant, when the fitft three were chosen by a majority of one

vote.

Mr Walker, minister of Canongate, gave in to the Prefbytery, a call from the Scots Prefbyterian Church in Rotterdam, Holland, in favour of Mr Thomas Rofs, a licentiate of the Prefbytery of Edinburgh, to be minifter of that congregation, vacant by the death of the late incumbent, with that Gentleman's letter of acceptance; alfo a commiffion authorifing the Rev. Dr John Erskine and Mr Walker, to take the neceffary steps to get Mr Rofs ordained minister of that charge. The Prefbytery unanimoufly fuftained the call, and appointed Mr Rofs to go through his trials, and be ordained a minister at a meeting of Prefbytery to be held on Thursday the 15th of April.

BIRTHS.

At Lochbuy Houfe, Mull, Mrs Maclaine of Lochbuy, a daughter.

At Holland Houfe, Lady Holland, a fon. The Lady of Captain Lydiard, of the Royal Navy, a fon.

Mrs Grant, of Weft-fquare, London, a daughter.

Mrs Gillies, wife of William Gillies, Efq. of Throgmorton-street, London, a fon.

At Greenock, Mrs Hutchifon, wife of Mr David Hutchifon, Sheriff-fubftitute of the County of Renfrew, a fon.

At Settle, Yorkshire, the wife of Thomas Armittead, of two girls and a boy. One of the former died foon after the birth; the others, with the mother, doing well.

At Calcutta, the Lady of George Udney, Efq. Member of the Supreme Council, a fon and heir.

The Lady of William Thornton, Efq.a daughter.

1802. Feb. 22. Mrs Buchan of Auchmacoy, a fon.

27. At Kirkfield, Mrs Cochrane, a fon. 28. The Lady of James Hadden, Efq. Lord Provoft of Aberdeen, a fon.

March 3. At Edinburgh, the Hon. Mrs Colonel Cameron of Lochiel, a daughter. 4. Mrs Baird of Newbyth, a fon.

7. At the Largs, in Ayrshire, the Lady of Colonel Hyndman, a fon.

8. The Lady of William Maxwell, of Carriden, Efq. a fon.

13. At Ravelrig, Mrs Scott, a fon.

March 17. At Kirktonhill, Mrs Taylor of Kirktonhill, a daughter.

22. At Spothoufe, Mrs Hay of Lawfield, a fon.

25. At Clackmannan, Mrs Moodie, a daughter.

26. Lady Eliott of Stobbs, a fon.

MARRIAGES.

At Dublin, the Earl of Charlemont, te Mifs Ann Birmingham, sister to Lady Cle

ments.

At Halheaths, Thomas Weft, Efq. to Mifs J. Gordon, daughter of the late Gilbert Gordon, Esq. of Halheaths.

At London, G. D. Ferry, to Lady Jane Halliday, fister to the Earl of Dyfart.

At London, Colonel Francis Moore, to Mrs Pulling, widow of the late Capt. Pulling, of the Royal Navy, and daughter of Admiral Sir Robert Kingfmill, Bart.

At London, Adam Wood, Efq. of Great Titchfield, to Mifs Broughton, of Barnes.

John Chriftopher Pfeiler, Efq. of Liverpool, merchant, to Mifs Jean Dean, eldest daughter of Hugh Dean, Efq. of Naffau, New Providence.

Lately, the Rev. Arthur Rollefton, of Larchfield, to Mifs Wemyfs, eldeft daughter of Lieutenant-Colonel Wemyfs of the Kilkenny Militia.

At Dumfries, Major Newall, late of the 62d regt. to Mifs Jean M. Welsh Maxwell, of Steelton, only daughter of the late William Welfh, Efq. of Scarr.

William Perffe, Efq. of Chevy Chace, county of Galway, to Mifs Blood, of Limerick,

At Greenock, Walter W. Buchannan, M.D. of New York, to Mifs Annabella Brownlie, of Glafgow.

At Glasgow, the Rev. Mr Matthew Graham, minifter in Johnstone, to Mifs Margaret Simfon, daughter of the deceased Mr Robert Simfon, furgeon in Glasgow.

At Halifax, Mr James Graham, of Man. chefter, to Mifs Mary Brearley, youngest daughter of Sharp Brearley, Efq.

William Davies, Efq. to Mifs Lowrie, daughter of Robert Lowrie, Efq. of Lincoln.

1802. Feb. 22. At Dunlop Houfe, Robert Glasgow of Mountgreenan, Efq. to Mifs Rachel Dunlop, daughter of the late John Dunlop, of Dunlop, Efq.

March 12. Archibald Cochrane, Efq. younger of Afkirk, to Mifs Elizabeth Somerville, only daughter of George Somerville, Efq. of Airhouse.

17. At Edinburgh, James Grahame, Efq. Advocate, to Mifs Janet Graham, daughter of Richard Graham, Efq. of Blatwood.

25. At Edinburgh, Mafterton Robertson, Efq. younger of Inches, Advocate, to Mifs Mary Shearer, daughter of the late Charles Shearer, Efq. of Knowhead.

DEATHS,