whether they heard any thing, but they did not, after which they sailed for Greenock.

Evidence for the Panels.

John White was on board the Ayr, at the time the Comet was struck, and was below. When he felt the shock, he went on deck, and asked where the pump was. After he came on deck, the engine was stopped, and remained so for about ten minutes, after which the engine was set on again, and the Ayr proceeded down the Clyde. Shortly after, the engine of the Ayr was again stopped, and an attempt was made to lower the boat, but, before the tackles were unhooked, the engine was set on again, and the boat filled. The Ayr would not wear for some time, until the jib was set, to assist her. At last, when she did wear, she proceeded up the Clyde towards Greenock. He heard no order given to go to the spot where the Comet had been, and the Ayr did not go to that spot; but, from the cries heard by those on board the Ayr, they tried again to lower the boat. Witness had no order from the captain to lower the boat, but it was suggested by his comrade, Alexander Pollock, who observed to witness, "My God, Jack, is it not a terrible thing to hear these people drowning, and us unable to give them any assistance?" At this time the Ayr was about 50 yards from the Comet. He at no time heard the captain give any order to assist the people on board the Comet; but he (the captain) and some of his people assisted to hoist up his own boat to get the water out with which it was filled. The cause of the boat swamping was the steam being put on. The Ayr had a good light out when witness went

below, about a quarter of an hour before she struck, and some persons were on the look-out. He heard an order given by the captain to keep a good look-out, as he was going below. M'Gregor was one of those on the look-out. The captain gave no assistance in lowering the boat; but said nothing to dissuade witness from doing so. It was neither a clear nor a dark night; the moon had set; the Ayr might have seen the Comet before striking about 60 or 80 yards. Had the Comet had a light, she might have been seen much farther off. Alexander Pollock is now in Dublin.

James Ross is a pilot in the Clyde, and has been a river-pilot there for about 19 years-knows all parts of it from Broomielaw to the Cloon. Was pilot aboard of the Caledonia steam-boat for about seven months in the summer season, on voyages to Rothsay, &c. Some steam-boats have lights at night, and some none. It is by no means the custom to have lights below Greenock on a clear night. Very few carry lights then. It might be a clear night, and yet no moon. When witness was on board the Caledonia, it was not the custom to have lights at night, light or dark. This was about nine years ago. Recollects the night of the accident; it was perfectly clear. A vessel might be seen on such a night, at a distance of a mile and a half, though carrying no lights. Witness was at Gourock, and heard very lamentable cries. A young man knocked at his door, and he immediately jumped out. On looking out, he saw a steam-boat with her lights out close to the place whence the cries came. When called, he got up immediately, and called some neighbours, but

before he got to the water side, his boat had been put off; and he assisted to launch another. By this time four persons saved had come ashore.

Several witnesses were called to the character of the accused.

After speeches from the Lord Advocate and Mr. Cockburn, the judge summed up the evidence, and finished his charge to the jury at four o'clock in the morning.

The court met again on Thursday at two o'clock, when the jury, by their chancellor, returned a verdict, unanimously finding the libel proven against D. M'Innes; but in consideration of the circumstances of the case, as well as his good character, recommending him to the leniency of the court; and with respect to M'Bride, finding him not guilty. [See infra p. 184]. 28. HIGH COURT OF JUSTICIARY, EDINBURGH. The high court of Justiciary met for the trial of William Allan. The indictment charged him with having, on the 17th of September, upon the road leading from the toll-bar of Fyvie, along the south side of the wood of Den of Rothie to Old Rayne, attacked Alexander M'Kay, tailor and drover, or farmer's servant, and with the leaded end of a whip, or some other blunt or heavy instrument, struck him several times severely on the head, face, and sides, whereby he was knocked to the ground, his skull fractured, and one of his ribs broken; and with having robbed him, while in that state, of a one-pound note, and several pieces of silver coin in consequence of his wounds, Alexander M'Kay died on the 2nd of October following. Allan pleaded "not guilty."

James Hay, one of the justices of the peace for Aberdeenshire, was

told by captain Forbes there was a man in the inn of Fyvie hurt. Went to Mr. Mackie's house, and saw on a table the bones, which had been taken out of the man's head. He was in great distress, but gave his answers very distinctly. He said his name was Alexander M'Kay, and he came from the parish of Farr, in Sutherland. He said he had come from Cupar Angus with a man named William Allan, and had slept at Daviot with him the night before. He suspected that he meant to take his money, as he had wished him always to go by-roads, and he thought he felt his hand attempting to get at his money during the night. That, when near Fyvie, they had left the road, and came through a muir, at a certain place, where there was a road with a wood on one side, and corn ricks on the other, Allan came behind him and struck him with a whip on the head, and he fell among whins; but he recollected nothing more. Witness went to the place described, and observed a hat İying inside the wood of Den of Rothie. Having a horse with him, he marked the place, and came to Fyvie; and, along with captain Forbes and Mr. Mackie, the inn-keeper, returned and found the hat and a stick. They took them down to Fyvie. They were shown to M'Kay, who said they were both his. The place is a lone place; only the roof of one house being visible from it. Saw M'Kay on the Sunday and Monday following. On Monday a regular deposition was taken from him, which witness identified. He did not vary a single word in his story from first to last. M'Kay described Allan as having lightish-coloured hair, and having recently had the small-pox, with

which he was marked. When witness afterwards saw the prisoner, his appearance agreed with this description. The prisoner was present when M'Kay's deposition was taken, and was distinctly identified by him as the man who had assaulted him. When M'Kay took the whip in his hand, he shuddered. The whip had been taken from the prisoner by the constables.

John Fyfe, messenger-at-arms in Aberdeen, related his apprehension of panel, who was found by him and Mr. Urquhart on a Sunday morning feeding cattle in a moss. He took him into his house, on pretence of seeing a citation to the circuit-court which panel had received as a witness; there made him prisoner, and demanded his whip, which panel hesitated to give him, till he threatened to search for it, when he gave it up. Witness allowed panel to shift himself; and observed in his chest a pocketbook, containing two one-pound notes, two five-shilling pieces, three half-crowns, and two and sixpence in silver in the book. The dress of the prisoner corresponded exactly with the description given of it by M'Kay. Witness brought the prisoner, along with the articles mentioned, to Lewis of Fyvie. Took him into the room where M'Kay was lying. There were several other persons in the room. Desired M'Kay to look round, and say if the man was there who had robbed him. He looked up, and, pointing to Allan, said, "O! Willie, how could you murder me? You might have asked my money, and I would have given it to you." Witness asked M'Kay, would he swear, as a dying man, that Allan had robbed him. He replied, "O yes, as a dying man." Prisoner heard this declaration. Witness

asked him what he had been struck with? He said, "with a whip with a brass head." He was then asked, if he should know it? He said he should. Witness handed it to him, and he grasped it very hard with both his hands, and, "Och! och!-that's my butcher." He was then asked, what money he had lost? He said a one-pound note; but he did not know of what bank. He said he had a five-shilling piece of his own, and Allan had another; and that on the road Allan wished to exchange with him, that he might have the two; but M'Kay had refused to exchange. He said he had some half-crowns, he thought three, and some shillings. Witness then showed M'Kay the money. He turned over the two notes, and pointed out one of the Dundee Union bank as being like his. He looked at the two large pieces, and after turning them in his hand, said, "Willie, that's your five-shilling piece and mine." During these proceedings, the panel, in reply to M'Kay, always said it could not be him; for he knew that he had been kind to him. M'Kay, in reply, said, "Och! och! you know very well it was you."

David Burnet.-Prisoner and he were in the service of Mr. Fyfe, cattle-dealer. In the end of August, went towards Falkirk, with the cattle, along with prisoner. Came one stage, to Leigh-lodge, with him, and breakfasted there. Prisoner asked witness to pay for the breakfast, because he had no money; and he paid threepence for him. Prisoner said he had 3d., when he left Ellen-market. 2s. from witness for watching on the road. He paid his maintenance out of it. His wages for watching were 1s. a night. They were 13 nights on the road to Falkirk. Saw

Prisoner got

the prisoner paid his wages, by Mr. Fyfe, at Falkirk. He got 1l. 17s. 6d. He was offered 21. and was asked to give in the change, but could not; and was then paid with a onepound note, a five-shilling piece, and other silver. Went with the prisoner afterwards as far as Cupar Angus. Did not see him have any other crown piece than the one he got from Mr. Fyfe.

(The prisoner had said, in his declaration, he got the two-pound notes found on him from Mr. Fyfe.)

Margaret Duguid, servant to William Barron, vintner, at Kirktown Daviot, proved that panel and deceased slept in one bed in her master's house on Friday night; described panel's dress and whip the same as other witnesses. They left Daviot a quarter before six on Saturday morning.

Jane Bruce, daughter of James Bruce, farmer, at Cowhill, on the road between Daviot and Fyvie. Saw two men pass her father's house, between seven and eight in the morning in question, one a young and the other an old man. The old man had a plaid like that shown her. They were going towards Fyvie. Described the young man's dress; it was like that shown her. He had a stick in one hand, and a whip in the other-like the whip in court. She afterwards saw a young man at Fyvie, a prisoner. She knew him to be the one she had seen in the morning. The prisoner was the man.

Jean Ironside, servant in Mains of Fyvie, saw the prisoner there on the day a man was hurt near Fyvie. It was between nine and ten o'clock in the morning. He was alone, and went towards Comieston.

Alexander Pratt saw the prisoner on the morning of the 17th of Sep

tember, about ten o'clock. He was alone, and walking quick, and had a big whip beneath his left arm. Prisoner said he had come from Meldrum that morning, and had got a dram when coming out of it. Old Meldrum is on the high road from Fyvie to Aberdeen. Prisoner went on the road.

The Jury, after being enclosed about 15 minutes, returned an unanimous verdict of Guilty.

He was then sentenced to be executed at Aberdeen on Friday, the 10th of February.

29. HIGH COURT OF JusTICIARY.-Case of the Comet.Their lordships met soon after nine o'clock, and proceeded to the consideration of a bill of suspension and liberation for Duncan M'Innes, late master of the Comet steam-boat, prisoner in the Tolbooth of Edinburgh, by virtue of a sentence pronounced by the judge of the High Court of Admiralty, on the 22nd inst.

The Lord Advocate stated, that he was about to save the Court some trouble by at once acknowledging, that he did consider the proceedings in this case liable to an objection of a technical nature, as touching the mode of making up the record, which would render it, in his opinion, not fitting for the public prosecutor to insist on sustaining the sentence against the pursuer. The libel set forth in the major proposition two crimes-the one culpable homicide -the other negligent steering of a steam-boat, by which lives were lost. Though these crimes were nearly of the same nature, yet the prosecutor having set them forth as separate crimes, was bound to hold them as such; and the indictment proceeded to say, not that the pursuers were guilty of

66

the said crimes, or one or other of them, but that they were guilty of the said crime actors or art and part;" thus leaving it uncertain which of the two crimes so set forth the prosecutor meant to charge them with.

The following judgment was then read by the clerk of court :— "The Lord Justice Clerk and Lords Commissioners of Justiciary, having considered the foregoing bill of suspension and liberation, and what is above represented in regard to the mode in which the record was made up, in respect that the Lord Advocate does not insist in maintaining the sentence of the Judge Admiral, suspend the sentence complained of simpliciter, and grant warrant to, and ordain the magistrates of Edinburgh and keepers of their Tolbooth, to set the said Duncan M'Innes at liberty."

M'Innes was liberated accordingly.

LIVERPOOL.-Colonial Imports of Liverpool, compared with those of the rest of Great Britain. Cotton Wool into Liverpool, year 1825, up to December 31, 703,352 bags.

Ditto, average five previous years, 468,200 bags. Rest of Great Britain, year 1825,

111,210 bags. Ditto, average five previous years, 88,500 bags. Sugar into Liverpool, year 1825, up to Dec. 31, 100 chests; 3,200 boxes.

Ditto, average five previous years,

1,600 chests; 6,100 boxes. Rest of Great Britain, year 1825, 4,700 chests; 243,000 boxes. Ditto, average five previous years, 4,000 chests; 19,700 boxes. Coffee into Liverpool, year 1825, up to Dec. 31, 5,040 casks; 12,490 bags and barrels.

Coffee into Liverpool, average five previous years, 4,600 chests; 15,300 bags and barrels. Rest of Great Britain, year 1825, 29,100 casks; 187,380 bags and barrels.

Ditto, average five previous years, 31,110 casks; 102,700 bags and barrels.

Rum into Liverpool, year 1825, up

to Dec. 31, 4,780 puncheons; 1,490 hogsheads.

Ditto, average five previous years, 8,240 puncheons; 1,460 hogsheads.

Rest of Great Britain, year 1825, 27,320 puncheons; 2,740 hogsheads.

Ditto, average five previous years, 39,130 puncheons; 1,940 hogsheads.

HAMBURGH.-The number of ships arrived here in the course of this year was, 1,863, of which there were from England, including those in ballast... 757

West Indies
East Indies....

South America
Mediterranean
Spain..

North America

Portugal.
Sweden and Norway.
France

Denmark and the coast...
Holland, East Friesland, and

the coasts

79

4

39

125

80

7

22

92

29

46

377

Sailed, 1,858 ships. SUICIDES IN WESTMINSTER. The following is an authenticated monthly statement of the number of males and females whose deaths were occasioned by suicide, during the year 1825, in the city and liberties of Westminster, and upon whom inquests were held before the coroners of that district.