Alexander to fire into the bank, in the direction of the seconds. Being asked if in the field Mr. Stuart conducted himself in every respect as became a man of honour and of courage, witness replied, certainly. Dr. Wood said, he had accompanied sir A. Boswell to the field; he did not see any pistols fired: he had instructed the other surgeon, that they ought to turn their backs and not see the firing; but that, as soon as they heard the report, they should return and run to the spot as speedily as possible. The pistols were fired in quick succession; going to the spot, they found sir Alexander wounded in the shoulder; they extracted two pieces of bone; the first was extracted by himself, and the other by Mr. Liston. Witness accompanied sir Alexander to Balmutohouse, and attended him till 3 o'clock the next day, when he died. In the carriage, on the way to the ground, sir Alexander expressed his decided opinion, that Mr. Stuart could have done nothing else but call him out. He also declared his intention to fire in the air; and on getting out of the carriage, he said, "Now, gentlemen, observe, that it is my fixed resolution to fire in the air." The evidence of the witnesses next called, related only to the hand-writing of the two papers. Mr. Wm. Spalding, writer, recollected in the month of March last, going with Mr. Stuart to Glasgow. Mr. Henderson, writer in Hamilton, accompanied them. Witness called at Mr. Stuart's house, and there, for the first time, learned that Mr. Henderson was to accompany them. The object of their journey was, to liberate Mr. Borthwick from prison. They arrived at Glasgow about 11 o'clock on that (a Saturday) night. Mr. Henderson went to the gaol the same night; but Mr. Borthwick was not liberated that night. Witness was private agent to Mr. Borthwick. They had an interview with Mr. Borthwick, in the gaol, on the Sunday evening; and it was there agreed, that Mr. Borthwick should go and procure certain manuscripts from the Sentinel office, with a view of raising actions of relief against certain gentlemen of the county of Lanark. Mr. Stuart was present only a part of the time during this interview. Cannot tell whether he was present, when the proposal for taking the manuscript from the Sentinel office was made. Mr. Henderson was present. The next morning Mr. Borthwick went to the office, and sent certain MSS. by a man named Robinson, to the Tontine-inn, where they were examined by Mr. Stuart, Mr. Henderson, and himself. Mr. Borthwick did not arrive, till after the MSS. had been examined. Mr. Henderson knew sir Alexander's hand-writing, and all the papers written by sir Alexander were laid apart from the rest. The MSS. now shown witness were those which were selected from the others. It was witness who gave up the MSS. to Mr. Stuart. Cross-examined by Mr. Cockburn.-The 50l., by which Mr. Borthwick was liberated, was paid by Mr. Henderson. No part of that money came either directly or indirectly from Mr. Stuart. On the way to Glasgow never heard sir Alexander Boswell's name mentioned by Mr. Stuart or Mr. Henderson. It was not mentioned, until they saw his letter on Monday. secution. The following witnesses were called on for the defence:: This closed the case for the pro- scribed the manner in which Borthwick had been imprisoned. Mr. Stuart replied, that he could make no promises: that he was convinced Borthwick was not the author of the libels upon him ; and if Borthwick would give up the authors, the action should be discontinued. Witness said, that Borthwick had often expressed his wish to be introduced to Mr. Stuart, and his readiness to give up the authors, provided that he were freed from the action of damages. Mr. Stuart went with witness, and called on Mr. Spalding, and they proceeded to Glasgow. They obtained an interview with Borthwick, who said, if he were liberated, he would resume possession next morning at the usual hour. Borthwick said, he had keys belonging to the office; witness did not see any. Witness procured the liberation of Borthwick on the Sunday evening. Borthwick, when liberated, went to the office, accompanied by witness's clerk, and one Louden Robinson (formerly a journeyman in his employ), as witnesses. Robinson shortly afterwards returned with a bundle of manuscripts of newspapers. Mr. Borthwick came some time after, and said he had been prevented from examining the papers at the office, on account of the violence of Alexander. The hand-writing of sir Alexander Boswell was not discovered, until all the hand-writings had been assorted in different parcels. Borthwick said, it was the writing of one sir A. Oswald, as he called him; but he said, there was a letter from the gentleman himself among the papers. This letter was found, and Mr. Stuart expressed much surprise and astonishment at the discovery: he Mr. Henderson, writer in Hamilton, knows Mr. Borthwick, and knew that he had been editor of the Clydesdale Journal. Had been employed as his agent. About the 29th of December he gave him certain papers, in order that he might get quit of certain actions of damages. Came to Edinburgh about the middle of January for that purpose. Had no communication whatever then with Mr. Stuart; did not then know that gentleman. Was previously aware of a process brought by Mr. Borthwick against Alexander the other partner in the Glasgow Sentinel, in which a judgment was pronounced against Alexander, authorizing Borthwick to take possession in six days, as Alexander had not implemented the bargain with Borthwick. Knows that Mr. Borthwick did take possession on the 1st of March. He was arrested that night for a debt, which witness knew not to be due. Witness came to Edinburgh on the Tuesday following; and applied to Mr. Spalding, whom he had previously employed as Borthwick's agent, to present a bill of suspension. The bill was merely presented. It could not be granted without an answer. Witness therefore resolved to consign the money to the hands of the gaoler. Witness was to have advanced it himself: he knew the debt was false, and that there could be no risk. Witness applied to a person to introduce him to Mr. Stuart. His object was to get Mr. Stuart to forego an action of damages which he had brought against Borthwick, and for that purpose witness de said, he never could have suspected sir A. Boswell of attempting to injure him. The manuscripts were delivered to Mr. Spalding, not to be given to any one, but to be reserved for the inspection of any one concerned. The money, by which Borthwick was liberated, was paid out of this witness's proper funds. Was in James Gibson, of Ingliston, esq., W. S., knows Mr. Stuart and Mr. Aiton. Has seen a great many articles in the Beacon and Sentinel, which they considered extremely offensive to lord Archibald Hamilton, Mr. Stuart, and himself. Has often consulted with Mr. Stuart on the means of detecting the author. Mr. Aiton is the agent for lord Archibald Hamilton. Recollects the article respecting Mr. Stuart, which appeared in the first number of the Sentinel: considers it a most atrocious libel. formed by Mr. Aiton, on one of the first days of March, that Borthwick had possession of the manuscripts of the libels; but on Thursday, the 7th of March, Mr. Stuart told Mr. Gibson that Mr. Aiton was mistaken, as Mr. Borthwick was in Glasgow gaol, and had left the papers locked up in a safe in the Sentinel office. Mr. Stuart informed witness, that Mr. Borthwick's agent had applied to him in the parliament-house that day, offering to deliver up the papers, provided Mr. Stuart would release him from the action of damages, but Mr. Stuart had declined to come under any engagement. Was informed of the whole transaction respecting Borthwick's imprisonment, and told Mr. Stuart, that he (witness) would pay the debt for which Borthwick was imprisoned, rather than be disappointed of the papers; and he was apprehensive Saw from what he had heard of the character of Alexander, that he would not scruple taking any measures to get possession of and destroy them. He recommended to Mr. Stuart not to lose a moment in obtaining the papers, but his only reason for recommending haste was, lest Alexander should destroy them. Mr. Stuart had never hinted a suspicion that sir A. Boswell was the author of any of the attacks upon him, and expressed his astonishment, when, on returning from Glasgow, he acquainted witness of the discovery. Witness was aware that a duel was fought between Mr. Stuart and the late sir A. Boswell, on the 26th of March last. Mr. Stuart the evening before. Mr. Stuart then acquainted him, that the meeting was to take place three days afterwards. Mr. Stuart then appeared perfectly calm and collected, but expressed no other motive for his conduct than a desire to vindicate his character; he did not appear to be actuated by the least vindictiveness against sir Alexander. The next time he heard of Mr. Stuart was by a sealed packet brought by his clerk next morning at 11 o'clock. The letter was to this purpose:-" The other party saw the necessity of instant action, owing to circumstances not known when I last saw you :" and requested witness, "if he was completely done for," to deliver a packet which was enclosed to his wife. The same day, about two o'clock, witness, when coming to his office, saw Mr. Stuart coming out of it, who instantly, on seeing Mr. Gibson, turned short, and ran up the stairs. Witness followed him into his room; and when witness had closed the door, he said, "Good God! what has happened?" Mr. Stuart ran into the corner of the room, put both his hands on his face in the greatest agony of grief; and as soon as he could speak he said, that he was afraid sir Alexander Boswell was mortally wounded. After Mr. Stuart had recovered himself a little, he informed witness, in answer to his inquiries, that he had asked lord Rosslyn whether it would be right, on meeting sir Alexander Boswell on the ground, that he should take off his hat as a mark of civility. Lord Rosslyn approved, and accordingly Mr. Stuart was in the act of advancing, and putting his hand to his hat, when sir Alexander Boswell turned away his head. The Lord Advocate submitted, that this should not be gone into. It was throwing a reflection on the memory of sir Alexander Boswell. Mr. Jeffrey said, that there was no such intention.. It was right for Mr. Stuart, that it should be - stated; and he had no doubt that sir Alexander Boswell's turning away his head, arose from his not being aware of what Mr. Stuart intended to do. Mr. Gibson proceeded. Mr. Stuart said to witness, that he had taken no aim, and he added "I wish to God I had done so, as I am certain, I should in that case have missed him; I never fired a pistol on foot in my life." Witness immediately urged Mr. Stuart to leave the country, that he might avoid unnecessary imprisonment. Mr. Stuart expressed great unwillingness to do so; but at last consented, on condition of witness giving notice, that he would be ready to stand trial when called on: the last words, which Mr. Stuart said, were, "Remember you must give notice, that I am ready to stand trial." Witness did give verbal notice to that effect, to Mr. Sheriff Duff, next morning; and afterwards announced in the Edinburgh Star and Advertiser newspapers, that such notice had been given. He also gave notice to the Crown agent, on the 29th of March, the 4th of April, and on many other occasions. Witness never considered Mr. Stuart's leaving town in the light of absconding or flying from justice; Mr. Stuart was one of the best-tempered and most excellent men he knew: he never knew him engage in quarrels, or allow his politics to interfere with his private friendships. Mr. Liston, surgeon.--Mr. Stuart called upon witness on the morning of the 26th of March, and requested witness to go to the country along with him. And when on the Fife side, he informed him, that he (Mr. Stuart) was to fight a duel with sir Alexander Boswell. Mr. Stuart said he had no malice against sir Alexander; he said, if he had the misfortune to hit him, he wished it might be in the great toe, as a gentleman in England did lately on a similar occasion. The witness gave the same evidence as Dr. Wood, as to what happened on the ground. Sheriff Duff recollected proceedings before him in March last, at the instance of Mr. Alexander, to recover certain papers alleged to have been stolen from the Sentinel office, Glasgow; he ordered them to be lodged at his office, which, under a protest, was complied with. Witness identified some of the papers shown him to be the same as were in his personal custody from that time until they were delivered up to the Crown agent, as evidence on the trial of William Borthwick. Witness recollected a rencontre between Mr. Stuart and Mr. Stevenson, and their being bound over to keep the peace; also recollected that the affray arose out of language in the Beacon, which witness considered very abusive as respected Mr. Stuart, and that Mr. Stuart subsequently brought to witness a number of the Beacon, which contained further abusive matter, and requested him to take cognizance of it; but he declined, not considering himself warranted to act in the way proposed. Mr. Spalding was recalled to identify these papers as the same which were found at the Sentinel office, and afterwards delivered up by him to Sheriff Duff. Many witnesses concurred in describing Mr. Stuart as a most humane and amiable man. The Lord Justice Clerk charged the jury, who without leaving the box, returned an unanimous verdict by their chancellor, sir John Hope, finding Mr. Stuart Not Guilty of the charges libelled. The verdict was received, by a very crowded court, with loud cheers. SCOTCH JURY COURT, EDIN BURGH, JULY 22. of the Old Testament, and to be attacked, per fas et nefas, or as being an enfant perdu, to the injury and damage of the said pursuer? Whether the pursuer is falsely, maliciously, and injuriously repre sented and held up to ridicule and contempt as being a plagiary, to the injury and damage of the pursuer; Whether the pursuer is falsely, maliciously, and injuriously represented and held up to public ridi cule and contempt, by representing him to be, or asserting that he is, an insolent dogmatist; or that he has the impudence to criticise that of which he is ignorant, or that he is actuated by hostility to the language of revelation, simply because it is the language of revelation; or as being lying, dishonest, or joining with a bookseller to impose upon the public by dishonesty; or as having purloined from other authors; or as having been guilty of a thousand betises; or as resem bling a parrot; or as an object of suspicion to those who hold the Scriptures in honour, and Impiety in detestation; or as going out of his way to recommend an impious work; or as having cast an ignoof rant sarcasm on the language the Bible; or as sneering at the fancies of one of the apostles; the injury and damage of the said pursuer? to Whether the pursuer is falsely, maliciously, and injuriously held out and represented as being one of the public teachers, by whom Professor Leslie v. Blackwood. The substance of the issues against the defender was, whether, in various numbers of Blackwood's Magazine, the pursuer is falsely, maliciously, and injuriously represented, and held up to ridicule and young men who come as students contempt, as ignorant of the Hebrew language, and even of the Hebrew alphabet, or as being guilty of impertinence, or of disliking the Hebrew language, merely because it is the language to the university of Edinburgh have their religious principles perverted, and their reverence for holy things sneered away, injury and damage of the said pursuer? |