ly fortified, and had a Tete-de-Pont on the Left Bank. A divifion of the enemy, under Gen. Serrurier, defended the Upper Adda; one half of which was pofted behind Lecco, a part near Porto Imberzago, and another near Trezzo. On the Lower Adda towards Lodi, the enemy had a detachment under Gen. Delmas, and a ftrong garrifon in Pizzighetone. On the 26th of April, the Ruffian troops attacked the enemy before Lecco, and Prince Pangrazian, Commander of the Chaffeurs, fupported by two grenadier battalions, drove the enemy back to the Bridge, in spite of their advantageous pofition. The fame day Gen. Seckendorf marched out of the camp near Trevillo with two battalions and two fquadrons as far as Crema, where the enemy had fhewn themselves fifteen hundred ftrong, and fent his patroles towards Lodi, General Count Hohenzollern, who had already advanced to Cremona, fent out fome frong parties to Pizzighetone, and as far as Parma over the Po. The enemy entrenched himself on the Adda upon every fide, determined to defend himself to the very laft. Field-Marfhal Suwarrow refolved on the 27th to force the paffage of this River. With this intention General Vukaffowich croffed the River in the night near Brivio, by the means of a Flying Bridge, which had been nearly deftroyed by the enemy, but was afterwards quickly repaired; and took, with four battalions, two fquadrons, and four pieces of cannon, a good pofition on the Right Bank near Brivio fending his patroles towards. Or giliate and Garlate, where they met with the enemy. An Auftrian Column arrived at nine o'clock in the evening behind the Village Gervafto, oppofite the Trezzo, confifting of the divifion of Field-Marfhal Lieutenant Ott as advanced guard; and that of Field Marshal Lieutenant Zoph to fupport it. The Captain of the Pontoniers, who had been previously fent forward, reported that it was impoffible to throw over a Bridge, owing to the declivity of the Mountains and the sharp turnings of the River. On receiving this report, the Quarter· Mafter-General Marquis Chafteller went to the place himself, and finding the execution of this defign difficult, though not quite impoffible, refolved, with the affiftance of the Fourth Bannat Battalion, and that of the Chaffeurs, (whole Colonel volunteered the service,) to have the pontoons carried down by men, and to attempt to re-eftablish the Bridge. Between twelve at night and five in the morning all the pontoons and beams were fortunately brought down, and at half paft five the Bridge was completed. Thirty Chaffeurs of the corps of Afpre and fifty volunteers of Nadafty were carried over in a boat to the oppofite fide, on which the caftle of Trezzo is built, without making the leaft noise. The Bridges being finished, Major Retzer, with fix companies of the abovementioned Chaffeurs, and one regiment of Ruffian Coffacks, paffed the Adda: One battalion of Nadafty, two of Efterbazy, and the Fourth Bannat battalion then paffed the River, under the command of Colonel Bidefkuti, and fell upon the enemy in and behind Trezzo. The French, who confidered the building of this bridge impoflible, had not the leaft notice thereof. The above Brigade was followed by the Seventh Huffars and two Coffack Regiments. The enemy was driven back as far as Pozzo, where Field Marshal Lieut. Ott, whofe whole divifion croffed the river, fell upon that of the enemy commanded by Gen. Grenier, which was on the point of advancing against Gen. Vukaffowich at Brivio. The battle was very obftinate; the enemy took poft between Pozzo and Brivio, where it was moft vigorously attacked. On this occafion the brave Col. Bidefkuti was wounded in the head. The enemy, who in the mean time had drawn reinforcements from Victor's dia vifion, was on the point of turning our right wing, and the Bannat battalion had already begun to give way, when Gen. Chafteller led up the two grenadier battalions Pers and Stentoch, which formed the head of Field-Marshal Lieutenant Zoph's divifion, just then coming up against the enemy. The battalion Pers having attacked in front, suffered confiderably: but the Stentoch battalion, with two fquadrons of Huffars of Archduke Jofeph's regiment, under the command of Capt. Kirchner, led on by Lieut. Bokarme of the Engi neers, (to the found of military mufic) fell on the enemy's left flank, which was totally routed; and the Huffars, having broken through the French, made 300 prifoners, and cut 200 to pieces. The village Pozzo, was carried fword in hand. The enemy in the mean time had received reinforcement, and marched his troops up in order in the road that leads leads from Baprio, to Milan, but was again attacked, and Major Retzer with the Nadafty battalion, took Baprio, and made 200 prifoners. kaffowich, Colonel Knefevich of Archduke Jofeph's Huffars, Colonel d'Afpre of the Chaffeurs, Colonel Bidefkuti, Captain Count Reipperg, and especially Cap-, The enemy was purfued; and near tain Kirchner, who, though his battalion Gergonzollo the French Gen. Beker, and was but weak, forced his way with the 30 wounded officers, were taken prifoners. bayonet through the enemy; Captains At fame time Gen. Melas marched Meffieri, Rothfchuz, the laft of whom against Caffano, and battered the en- received two wounds; Lieutenants Count trenchments across the Ritorto canal with Bokarme of the engineers, and Habinay 12-pounders and howitzers; and, as the of Nadafty, as alfo the fecond LieutenFrench fell back, caufed a flying bridge ant Ritfko, of the fame regiment. to be thrown over the canal di Ritorto, But Field-Marshal Suwarrow princiFirst Lieutenant of the poineers, Count pally praifes the difcernment and vigil-, Kinfki, completed it in fpite of the hea-ance of Quarter-Mafter-General Marquis vy fire of the enemy. Gen. Melas, im- Chafteller; as alfo Lieutenant-Colonel mediately ordered the Reifky's regiment Thelen, his Aide-de-camp. against the entrenchments which covered the bridge, which, with 3 cannons, was carried with fo much rapidity, that the bridge, which had been fet on fire by the French, was faved by our troops. Gen. Melas croffed, with his whole column, the Adda; and the fame evening marched to Gergonzollo, and the next day early, (28th,) to Milan. The two divifions Frohlich and Ott advanced to Milan on the 28th; the right, under Gen. Rozemberg, paffed the Adda at Brivio on the 27th ; but Gen. Vukaffowich, who had already paffed, the river, formed the advanced guard, met with a divifion of French under Gen. Serrurier at Bertero, which, after a moft obftinate engagement, was beaten, and forced to capitulate. The whole corps laid down its arms; the officers were permitted to return to France on their parole, and the privates remained prifoners of war. After this affair General Vukaffowich marched to Corno, and the Ruffians to the right of Milan, In Milan confiderable magazines of clothing, arms, and provifions were found, of which an inventory is now making. A General with five hundred men were alfo taken prifoners here. The lofs of the enemy, as far as could be ascertained when the meffenger left the army amounted to four Generals and upwards of five thousand men taken prifoners, and fix thoufand killed. Eighty pieces of cannon were taken, of which forty-fix are heavy befieging artillery; feveral fiandards were also taken. Field-Marhal Suwarrow, after having given due praife to the Auftrian and Ruffian troops who fignalized themfelves on this important occafion, paffes the higheft encomiums on the following officers; General of Cavalry Melas, Field Marfhal Lieutenant Ost, Major-General Vu 1 K With regard to the Ruffian troops the Field Marshal Suwarrow particularly commends General Prince Kozakow, Colonel Laborow, Majors Romanzow and Rofan, and Captain Stalerakow. Field-Marfha! Suwarrow has left FieldMarshal Kray, with a fufficient force in the environs of Mantua and Pefchiera. Mantua is blockaded, and Peschiera be, fieged. Here end the Gazettes. SCOTLAND. High Court of Justiciary. July 12. This day came on the Trial of the Rev. Mr William Fitzsimmons, one of the Minifters of the Epifcopal Chapel of Edinburgh, indicted at the inftance of his Majefty's Advocate, for unlawfully harbouring, concealing, and fecreting in his houfe, (to which they had repaired) contrary to his duty and allegiance as a faithful fubject, with the intent of preventing them from being retaken, and of aiding and affifting them to withdraw from this kingdom, Jean Baptifte, Vandevelde, Jean Jacques Fappie, Rene Griffen, and Hypolite Depondt, natives of France, (the two former of whom had made their escape from Edinburgh Caftle, and the two letter being indulged with the liberty of going from the Caftie into the Town, under the express promise of returning to the Caftle, but had made their efcape from the perfon to whom they were entrusted, and repaired to the houfe of the faid William Fitzsimmons,) and for accompanying and conducting them to Newhaven, and prevailing on the fishermen of a fishing boat to take them on board a Cartel fhip in the road of Leith, about to fail for France, (tho' they were not among the number of thole who were in the Cartel lift, and had not obtained permiffion to leave the 2 king kingdom,) and for affifting them to make their efcape out of the kingdom, by get ting them conveyed to the faid Cartel veffel, and afterwards to France. The Indictment being read over, Mr Fitzfimmons pled Not Guilty. Mr John Forbes, (fon of Sir William Forbes), junior Counfel for the pannel, in an elegant fpeech, opened the defence. He faid, his client did not object to the relevancy of the libel, but refted his defence on the total innocence of his intention. The four French prifoners having effected their efcape from the Caftle, threw themselves on the humanity of the pannel, and came to his door and fought protection; he could not fhut it against them. It was commiferation for their fituation, and pure motives of humanity that led him to interpofe; but not any hoftile intention, or defire to communicate any information to the enemy. Upon the purity of his motives, therefore, he refted the pannel's defence. Mr Burnet replied, that the indictment did not charge any hoftile intention or correfpondence with the enemy. If it did, it would have been an indictment of a very different kind, for it would have charged the penalties of high treafon. Still the libel as laid was relevant to infer punishment. Mr Fitzsimmons must have either been influenced by a defire to favour the enemy, or a mistaken and mifguided humanity. The firft was not charged against him; the fecond the law could not admit of, other wife the worft confequences might follow. A Jury was then chofen, confifting of the following gentlemen : Walter Watfon, Efq. Chancellor Matthew Comb, jun. brewer, Leith Evidence for the Crown. The first witneis called was Malcolm Wright, agent for prifoners of war. He depofed, that a cartel veffel failed from Leith on the 15th March laft, and recollects that four of the prifoners made their efcape from the Caftie the Sunday before, or on the Monday morning; that the alarm was given on the Monday morning, and two of them escaped over the wall from the airing ground: that he faw a ftauncheon cut in the window of the room where they were confined; that the names of the prifoners who were not to go aboard the cartel were called over, and the four mentioned in the indictment were found to be abfent; that on the Sunday (the day on which Grif fin and Depondt efcaped), he sent one of his clerks to the Caftie for them, to dine with him at Bayle's tavern; he had no particular realons for bringing down thefe two officers to dinner. Several of the cartel officers and others were prefent; the witnefs miffed the two prifoners from the company at Bayle's before they broke up, which was about nine at night, but they did not return to the Caftle, and he never faw them after; that he knew a prifoner of the name of L'Hermite, who was one of those who went with the cartel, and he had liberty of going about on his parole; that he recollects Mr Fitzsimmons once coming to the Castle, and the witness introduced L'Hermite to him; that Mr Fitzfirmmons told the witnefs he wished to fee L'Hermite, as he had been kind to fome of his friends at Dunkirk; did not know if L'Hermite often vifited Mr Fitzfimmons; that fince the failing of the cartel it has come to his knowledge that a plan had been laid by fome of the prifoners to make their efcape; when the cartel came back, he heard there were four men landed in France not in the cartel lift; that the names of fuch prifoners as are to be exchanged are fent from London to the agent. On crofs examination, fays, that on the Sunday they dined at Bayle's, Griffon and Depondt were not under cuftody-he trufted to their words they would return; that the prisoners could not get out of the caftle if one of the witness's clerks had not been with them, but they might have returned without him; that before L'Hermite failed in the cartel, the witnefs asked him about the four prifoners who had escaped, but he declared he knew nothing a bout them; that he told the mafter of the cartel that four prifoners had made their efcape, who might poffibly attempt to get on board fome where in the Frith. Alexander Frafer, clerk to the agent for prifoners, recollects that a cartel veffel failed on the 16th of March; that before the failing of the cartel the four prisoners prifoners named in the indictment had efcaped from the castle; that they were not in the cartel lift; that one of them made his escape from the hospital; that after the prisoners made their efcape, he faw a piece of iron cut from the window, and a rope hanging down the wall; that he was prefent at a dinner in Bayle's on the Sunday preceding the failing of the cartel, which he understood was a friendly meeting between those who were exchanged and those that remained, as well as an acknowledgement from Mr Wright to L'Hermite for his services while à prifoner; that the witnefs was fent by Mr Wright to bring Griffon and Depondt from the caftle, and took them to Bayle's; that he went by the North Loch to Bayle's; and his reafon was, that he confidered himself as having no proper authority for taking them out of the caftle; that one of the people who at tends the prifoners came to Bayle's to take the prifoners to the caftle, but the witness obferving to him that he need not wait, he went away without them; when the witnefs left Bayle's, he does not recollect whether the two prifoners were there or not; that he knows Mr Fitzsimmons and L'Hermite were acquainted, and that L'Hermite vifited Mr Fitzsimmons; and the witnefs once delivered a letter from L'Hermite to the pannel, requefting pecuniary affiftance. On an interrogatory by Mr Erfkine, he fays it was underflood the prisoners were to return to the caftle, but does not recollect they made any promise to do so. Lilias Hardie, fervant to Mr Fitzfimmons, depofed, that in the month of March last, two Frenchmen knocked at the door on a Sunday evening, and afked for Mr Fitzsimmons; that the fhewed them into the room, and there was nobody with him except his nephew; that they continued four days and five nights; that the prepared victuals and a bed for them, by her master's orders; that they never went out, and the witnefs under flood they were prifoners; that the recollects two men coming to the door on the Monday following, and she went and told Mr Fitzfimmons that two men were inquiring for him; the fhewed them in to a room, and Mr Fitzfimmons went to them; that the understood they were Frenchmen and prifoners, and Mr Fitzfimmons defired the witness to make a fake down, for them, where they flept; they all continued in the houfe till Friday morning; that her master defired her to take no notice of it to any body; told her they were French prifoners; and on the witnefs afking if he was not afraid to keep them, he laid, "Poor creatures, what can I do with them; that the two who came on Sunday appeared to be very dirty, and one of those who came on Monday had no waistcoat, and was crying like a child; that he dined with them on the Monday, but did not dine at home any other day of the week; that he had no other converfation with her mafter about them; that they went away on the Friday morning, and her mafter went with them, and that he returned about one o'clock; that L'Hermite called fometimes at her mafter's houfe, and once dined there; that the two who came to the hoale on Sunday, came after fupper; that her mafter did not feem to be well acquainted with them, for he fometimes mitook the one for the other. Capt. Clements, of the navy, depofed, that he recollects a cartel vefiel failed for France in March laft; that he was informed by fome people of the cartel when he came back, that four persons had been landed in France that were not in the cartel; that he made inquiry, and found four men not in the lift had gone on board the cartel from Inchkeith; and that they were carried there by a Newhaven boat; that the cartellay to to receive them; that he alfo found out the two men who failed with the boat, viz. Neil Dryfdale and Philip Jasvie. Neil Dryfdale, fisherman in Newhaven, depoted, he recollects a cartel velfel being in Leith fome time ago; that on Friday morning, Mr Fitzsimmons and four men came to him and companions, and asked if they would give them a fail; that they accordingly went to Inchkeith, when Mr Fitzfimmons defired to be carried back to Leith, which they ace cordingly did, and left the four men on the island, where they faid they would walk till Mr Fitzfimmons came back; that the fishermen, after landing Me Fitzsimmons at Leith, getting fome porter and cheese and bread on board, went again to the ifland and took on board four men, and at their defire failed to the cartel, which by this time was under way, but which lay to to take them on board; that the people in the cartel feemed to expect them.-That as foon as he put them on board, the witnefs returned with his boat to Newhaven, where he found Mr Fitzlimmons waiting, and who afked it the four men were put on on board the cartel; and, when the wit-. nefs anfwered in the affirmative, the pannel told his name was Fitzfimmons, and that two great coats which the men had left fhould be fent up to his houfe. The witnefs received no money from the pannel; be was paid by the men when he put them on board the cartel. Philip Jarvie was the other boatman who accompanied the preceding witnefs so Inchkeith, with Mr Fitzsimmons and the four men. He gave exactly the fame evidence as Dryfdale; and added, that they got a guinea for their trouble from the men who got on board the cartel; on an interrogatory, faid there were no cheers given when the boat reached the cartel. John Cannel, refidenter in Ayr, depofed, that he has a fon in Dunkirk, where, he has been for eleven years, in the mercantile line; that he received a letter from his fon, inclofing one for L'Her mite, whofe father and his fon were very intimate; that he defired a Dr Carter to write a letter to Mr Fitzfimmons, begging he would give a guinea or two to L'Hermite, in cafe he had occafion for it, which was done at the defire of his fon, and got an anfwer from Mr Fitzfimmons. The Rev. Mr Wilfred Carter Epifcopal minifter, Ayr, depofed, that he knows John Cannel at Ayr, and he employed him to write a letter to Mr Fitzfimmons, requesting that he would vifit L'Hermite in the Caftle: Several letters from L'Her mite's father he had read and explained to Cannel; thefe letters he identified. That he received an answer from Mr Fitzfimmons, informing him he had feen L'Hermite. That he had known Mr F. many years, and knew him a man of humanity. Alexander Drummond, French teacher, Edinburgh, was worn to interpret truly fome letters in the French language put into his hands. The pannel's counfel admitted that the declarations libelled were emitted by him, which prevented the neceffity of proving Sir John Whiteford depofed, that he has been twenty years acquainted with Mr F. and his opinion of his character was extremely good; that he had heard. of the efcape of fome French prifoners, and he thinks it was from Mr Fitzfinmons himself; he believes, from the manner in which Mr Fitzfimmons told him of the part he acted, in regard to the . efcape, he really did think he had done it from a principle of humanity.He cannot fay how long it was before Mr Fitzfimmons was taken up that this converfation took place. General Napier depofed, that he has been acquainted with Mr Fitzsimmons eghteen or twenty years, and has always had a good opinion of him, and confidered him as a humane man. The Ge-. neral dined with Sir John Whiteford, the preceding witnefs, when Mr Fitzfimmons told them of the efcape of the French prifoners, and was of opinion his motive in the part he took arose from motives of humanity; when this converfa tion took place, Mr Fitzfimmons did not feem to think he had done any thing criminal in affifting them to get on board. the cartel fhip. Mr Hall depofed, he has been acquainted with Mr Fitzfimmons for seventeen or eighteen years; has a very favourable opinion of him, and has known many inftances of his being a man of humanity. One inftance he mentioned. The witnefs was walking in the King's Park one day, when he met a poor failor, who told him he had been taken by the French, and having got home in a neutral ship, he was on his way to his family at Berwick, but had no more than fixpence. The witnefs gave him two fhill ngs; and having related this circumftance to Mr Fitzsimmons, he regretted he had not made it five fhillings. That Mr Fitzfim-mons himfelf told him of the cfcape of the French prifoners. July 13.This day the Jury returned their verdict, finding, by a great majority of voices, the libel Proven; but, on account of Mr Fitzsimmons's former good ch racter, and great humanity, they humbly recommended to the Court to inflict as lenient a fentence as the law would admit The Judges then delivered their opinions, in which they expreffed their happinefs that nothing had appeared in the trial to give grounds for fufpecting that the prifoner had any ways intended to aid the enemy in their defigns against this country, which indeed his Majefty's Advocate had very honourably and candidly admitted. |