found that the parishioners had no interest (title) in the presentation. In consequence, however, of this action in the Court of Session, the proceedings of the Presbytery had been stopt by interdict; and after sentence, a long argumentative epistle was forwarded to the Presbytery by one of the agents for the parties. The result of this litigation was, that the Presbytery discover a title in themselves to the presentation, jure devoluto, in consequence of six months' delay which had taken place, during which time no presentation, either from the patron, or, in his default, the King, had de facto been moderated. The Presbytery therefore determined on advocating their case in the Court of Session, the previous judgment of which was only in respect of the parishioners, and in nowise to the prejudice of the jus devolutum of the Presbytery. The Presbytery did in fact raise a declarator of action in the civil court. The Synod, however, proceeded with the appeal which had been made to that body, and decided to refer the ease to the General Assembly for its advice. Both parties protested against this decision at the time, on the ground that this was a civil question, involving the title to the presentation; and the Presbytery had in fact not only raised the declarator of action, but determined on applying to this House for funds to enable them to try the question. After some discussion, Principal Nicoll moved, "That the Assembly reverse the sentence of the Presbytery of Inverness, passed on the 18th April last, as inconsistent with their former proceedings, which vested important rights in the person of Mr Colin Fraser, the presentee; and find, that whatever might be fit and expedient to be done in other circumstances, there exists in hoc statu no ecclesiastical bar to give effect to the presentation in favour of Mr Colin Fraser, and instruet the Presbytery to proceed in the settlement with all convenient speed." Mr David Dickson moved, "That the General Assembly dismiss the appeal against the sentence of the Presby tery of Inverness; and recommend to the said Presbytery to delay proceeding in the settlement of Mr Colin Fraser, in the parish of Kiltarlity, till the presentation issued in his favour by John Morrison of Auchtertool, as commissioner of Mr Fraser of Lovat, is decided in the civil court; and also recommend to the Presbytery to use all diligence in bringing that question to a decision."-The votes being then taken, the first motion was carried by 96 to 50. We understand the Presbytery of Inverness have nevertheless resolved to bring the civil question before the Court of Session. JUNE. 11. HIGH COURT OF JUSTICIARY.— Trial and acquittal of James Stuart, Esq, This trial, which had excited an almost unprecedented interest, among all classes, came on yesterday; and such was the anxiety to obtain admission into the Court, that the door was beset by immense crowds as early as six o'clock in the morning. At ten o'clock, Mr Stuart entered the Court by way of the Judge's robing-room, it being impossible for him to gain admission by any other entrancé. He was attended by the Earl of Moray, Mr Erskine of Cardross, and his son, Captain Gordon, R. N., Hon. Admiral Fleming Elphinstone, Mr Ferguson of Raith, and the Hon. Mr Fox, son of Lord Holland. Several of Mr Stuart's particular friends, who were advocates, had previ ously taken their seats immediately behind the bar. The Earl of Roslyn, Lord Belhaven, and other distinguished persons, were accommodated with seats on the Bench; among whom was the Polish Prince Czartorinski. Their Lordships took their seats precisely at half-past ten. Present, the Lord Justice Clerk, Lord Hermand, Lord Gillies, Lord Pitmilly, and Lord Succoth. The Clerk then read the indictment, which charged Mr Stuart with having conceived malice and ill-will against the late Sir Alexander Boswell of Auchinleck, Baronet; with having formed the unlawful design of challenging him and others of the lieges to fight a duel; the better to accomplish which, he repaired to Glasgow, to obtain, through the medium of William Murray Borthwick, formerly one of the proprietors or printers of the newspaper called the Glasgow Sentinel, the manuscripts of sundry articles which had been published in the said newspaper, and other papers and documents connected with the said newspaper, which were then in the premises in Nelson-Street of Glasgow, occupied by Robert Alexander, editor and proprietor of the said newspaper; and having found, or pretended to have found among them, some writings holograph of the said Sir Alexander Boswell, he (Mr Stuart) did wickedly and maliciously challenge the said Sir Alexander Boswell, which took place on the 26th day of March last, when the said Sir Alex. Boswell was mortally wounded. The Lord Justice Clerk having demanded of the accused his plea to this charge, Mr Stuart answered in an audible voice," My Lord, I am not guilty." Mr Cockburn then addressed the Court. He did not mean, he said, to object to the relevancy of the indictment, although it contained expressions which might have been spared, with some respect to private feeling, and no detriment to pub. lic justice. He would, however, avail himself of his privilege of beginning the business of the day, by a statement of the facts of the case, which would be proved before the Court. The indictment stated, that Mr Stuart bore ill-will and malice against the late Sir Alexander Bos. well; that, under the operation of this passion, he formed the design, and did proceed to challenge that gentleman. So far all was consistent, in his having ma lice, and formed an unlawful design, in the eye of the Legislature; but, by a specious reasoning, it was made to state, that he (Mr Stuart) entertained a special malice against that individual, and others of the lieges, and then, as if to shew that he was one who searched for cause of quarrel, he repaired to Glasgow, and having abstracted papers from the office of Robert Alexander, did thereon, wickedly and ma liciously, challenge Sir Alexander Boswell, whom having slain, conscious of his guilt, he absconded and fled from justice. Now, all these collateral and extraneous statements apart from the death of the opposite party, all these Mr Stuart denies to be true; not merely that they could not be proved, but that, if even the light of Omniscience could be let down on his conduct, it would shew that there was no malice, and no desire on his part to seek a ground of quarrel: that he was actuated by no consciousness of guilt, and that he did not abscond or flee from justice. It was admitted that Sir Alex ander Boswell met with his death at the hand of his client-that catastrophe was an effect of which he (Mr Stuart) was now by assumption the cause; but it was the circumstances mentioned in the in dictment which he had in view when he answered Not Guilty. He would now crave the protection of the Court, and the sympathy of those who were here cited, and afterwards to be chosen, as Jury, to one or two of the special difficulties of the case: And, first, it was one of its misfortunes, that it was intimately connected with proceedings of a political and party nature, most unsuited to the calm deliberation of a Court of Justice, and which could scarcely be alluded to without prejudice and irritation. It was their intention, as Counsel for the prisoner, not to go into one iota of these topics more than was absolutely necessary for his defence; and if they were led to trench on subjects that could scarcely be allu ded to, without almost dethroning reason, it was from the necessity of their situa tion, and from no desire or wish of theirs so to do. It was the second of these dif ficulties, and, if possible, even more pain ful and delicate than the first, that they could not do justice to the living without seeming to trespass on those charities which were due to the dead. It was their wish to avoid this; they were unwilling to cast even a shadow of doubt on one whose unfortunate loss they all lamented; and if in aught they should ap pear to ascribe to that individual any in. discretion, it was indiscretion alone. They imputed it to that well-known talent with which he was gifted—a fatal gift-great powers of satire and irony, which, unless under the guidance of cons summate prudence, or the happiest temper, had a tendency to lead to the most unhappy effects. Sir Alexander was a man of unimpeachable character, and of the feelings of a gentleman; and although he had treated Mr S. unceremoniously, he ought to have known that the blood of the noblest and most ancient families flowed in his veins; that he was related to the families of Raith, Buchan, Melville, and Cardross, and that he was line. ally descended from that great nobleman the Earl of Moray, who, waving his pri vileges as a Peer, with great manliness and good taste had seated himself beside his relative and friend. Nor was Mr Stuart's personal character unworthy of these hereditary honours; no man be yond or within these walls, if required, could get a more excellent character, or from more spontaneous witnesses. These testimonials are furnished even from the ranks of his political adversaries, and from the thanks of public bodies. His cha racter peculiarly displays an absence of those propensities from which quarrels arise, and on other occasions he has been resorted to as a successful peacemaker, and prevented others from calamities similar to his own. It was, perhaps, not unknown to their Lordships, and it was sufciently notorious to every body else, that in January 1821, a newspaper named the Beacon was set on foot. With the general merits of that publication on other subjects, or other men, he had nothing to do; but, about a year ago, it contained a personal attack on Mr Stuart, that led to a misunderstanding with Mr Stevenson, which, however it was settled, was immateria!; for though some doubted the judg ment or good taste with which that affair terminated, yet, in point of fact, it was adjusted in July 1821. There was not then any doubt that strangers had no right afterwards to take it up. Mr Stuart, though enjoying the society and friendship of the most eminent characters, was still exposed as a common butt in the same newspaper; for, immediately after, British Chronicle. Register. there did appear articles in that journal, which he wished the deceased had never seen, couched in language which was a disgrace to our age, which had introduced new and unheard-of disasters, and had burst asunder those bands of good citizenship and fellowship, for which we had formerly been so happily distinguished. The name of Mr Stuart had been coupled with the most obnoxious epithets; he was called a dastard, bullock, sulky poltroon, coward, and despised of the despised. For when bound over by the civil power, these were heaped upon him as provocations to break the peace; and when he had recourse to the Sheriff of the County for protection, he was told that no redress could be got, because these calumnies were contained in a public newspaper, and he (the Sheriff) could not interfere with the liberty of the press. He was thus set up as a target for every base libeller to shoot at; and when he craves protection from the civil power, he is only told that he must protect himself. He submitted to this heavy judgment, and to these continued slanders, in patience and courage; he felt them to the quick, and none but he could have borne them with such patient courage. At length this publication was closed, and no prototype was set up, and a pause was given for a revival of our good temper and taste, for which all ranks were thankful. But almost immediately after, another paper, the Sentinel, was commenced in another place, Glasgow, under different auspices, and other men, who had no quarrel, concern, or question with Mr Stuart. But, in the first number, the same calumnies were adopted, and in that number they apply them to him, in whose veins flowed the purest blood of the land, and who was then delighting a numerous society of respectable friends. We find it again said, that he had dishonoured that blood; that he was chargeable with meanness of spirit; and styled, not merely a knave, but a heartless ruffian, and to whom was applied that intolerable word, a "coward," which, if any man in civilized life peacefully submits to, he unavoidably loses the character of a gentleman. his former application to the legal autho. Though foiled in rities, he resolved to make another, and was advised to commence an action of damages, not for paltry gain, but to put down that torrent of abuse which was turned against him. Before another number was published, the action was commenced, and in the answers to his condescendence, he was plainly and openly twitted in a court of justice, because he had not fought. In this answer, an ap * a peal was made to the laws of honour, and July judiced, by a reference to those laws for his civil rights were attempted to be preobserving which he had now the mis fortune to stand where he did. These measures did not check those attacks. veral articles, which the jury would hear, They went on in a keener spirit. In sewhig song," a letter signed “Ignotus," and learn who the author was, and several others, his character had been grievously traduced; and he felt the wounds thus inflicted more keenly, when he learned that the author was not a comhe was possessed, not merely of that spirit mon man, but his equal in rank, and that which gave sarcasm its edge, but also those powers which give it its lustre. In other injurious epithets, were applied; every one of these the name of coward, or ings, it was to find that this newspaper and if any thing could add to his sufferwas not left to the support of provincial into which he could enter where he was men, and that there was scarcely a house not sure to find it, reflecting injuriously ing under these attacks, the unfortunate on his character. At last, while labourday arrived in which their author was disclosed, and the original papers found. It had been made a part of the charge in the indictment, that he had obtained these papers improperly. The facts of the case Stuart, in the adjoining hall, was introwere these: On the Saturday, Mr duced to a person, stating himself to be the private country agent of Mr Borthwick, one of the proprietors of the Sentinel, who mentioned that Mr Borthwick, anxious for his own pecuniary safety, wished to do that which every prosecuted printer has a right to do, to save himself and give up his author. Mr Stuart refused to say any thing in the matter, afterwards be determined when he saw but mentioned that his conduct should the papers. Another gentleman was to have gone to Glasgow, but being prevented, Mr Stuart went himself and got the MSS. His client's conduct was vindicated on two grounds: 1st, That he did not know, supposing it to be the fact, that Mr Borthwick had no right to exhibit these articles; and in the next place, Mr Borthwick was entitled, and no power of arrangement had been entered into beany law could prevent from doing it. An tween Mr Alexander and Mr Borthwick, printers and proprietors of the Sentinel, that the latter of these might resign his share in the business, on the condition that a sum of money should be paid within a certain time. Meanwhile Mr Alexcopartnery, against which Mr ander chose to publish a dissolution of the Borth He wick appealed to a court of law, where the Magistrates found, that if the money was not paid within eight days, he might then resume possession. Mr Borthwick was afterwards incarcerated for an alled ged debt; in these circumstances Mr Stuart found him, and had nothing to do, directly or indirectly, in liberating him; but on his being restored, considered him entitled to exhibit those papers. From that day to this, Mr Stuart felt the weight of the discoveries thus made, finding that he had received injuries at the hands of a gentleman, to whom he was even slightly related, with whom he was on good terms of acquaintanceship, and whose talents he had frequently admired: that this half friend was the author of the worst calumnies against him, author of the Whig song, in which he dares to apply the epithet “coward" to Mr Stuart's name. What, then, he asked, was Mr Stuart to do otherwise than he did? to huddle up these papers, to go with diminished head, and conceal himself from society? He did what every one, with the exception of that Bench, would have done. had recourse to the advice of a distinguish ed Nobleman, the Earl of Roslyn, who, seeing that only one course could be pursued, left a message with Sir Alexander. An interview took place, when the Hon. Baronet was attended by another gentleman, (Mr Douglas), to whose judgment and amiableness of disposition they had all along been indebted. The terms which Mr Stuart proposed were temperate and moderate. He called on Sir Alexander to say, first, that the offensive articles in question were not his, and that this assertion would be held conclusive against all evidence. But Sir Alexander did not say they were not his, but virtually admitted being the author of the song: or, on the other hand, if he would condescend to say that he was sorry for what he had done; that it was merely an idle squib; and that he had no intention seriously to injure the honour and character of Mr Stuart, he would rest perfectly satisfied: but when this mild proposition was also rejected, could a duel, in these circumstances, be avoided? The testimony of Lord Roslyn and Mr Douglas was unanimous, that a meeting was inevitable; and Sir Alexander himself acquiesced in the same sentiment. For, on Lord Roslyn's application for a conference, and previously to his business being unfolded, or Mr Stuart's name being mentioned, he seemed aware that he had been levelling shafts, for the consequences of which he might be called to account; that he seemed conscious of having given just grounds of offence, and therefore was preparing for the issue of a combat. When the officer was conducting him to the Sheriff's house, he objected, that binding them over to keep the peace could not settle the quarrel, and that in these circumstances they could not live together in the same island. Preparations accordingly had been proposed by Sir Alexander, which seemed to shew that his intentions were of the most deadly description. It was his wish that the affair should be decided on the continent; and his reason for this was, that if he should prove to be the successful shot, he would not like the operations of the law in a British Court. Every thing was done by Mr Stuart in the prospect of its terminating fatally for himself. The usual preparations were made, as in the approach of death; and such were his feelings, that when he stepped into the field, he felt as if he were stepping into the grave. An attempt was made even then to settle the matter: and Mr Doug. las, whose good sense and goodness of heart had so uniformly distinguished his conduct, asked his friend if there was no possibility left of settling the matter amicably? Sir Alexander shook his head, and said, It is impossible. The parties then met and he felt it unnecessary to say more. They fired together, and Sir Alexander fell and here the contrast exhibited in the conduct of Mr Stuart did him the highest honour. While he had displayed the utmost coolness in personal courage, both before and after the meeting on the field, he no sooner found himself the surviver, than he was dissolved in all the tenderness of grief. He was hurried from the field, came to Edinburgh, and such was his agitation, that he refused to leave the country on the advice of his friends, till he should hear the fate of Sir Alexander; and when he was constrained to do so, he ordered a message to be left in the proper place, stating that he would appear at his trial when a day should be appointed, and craving that no delay might take place. He went to London, and from thence to France; and, instead of that spirit of rejoicing which arises from malice, several respectable witnesses, who had seen him, are prepared to testify that they never beheld so natural or generous a flood of grief. No man can be held guilty in the eye of law whose mind is innocent; and if there ever was a case in which there was such innocence, this was that case. Sir Alexander had also received the opinion of a supreme criminal judge, and that judge, to his honour, did not now occupy his seat. But there was no doubt that it could not otherwise be settled: and it proves the inevitableness of such conduct, when this honourable person could not so far pluck human nature from his breast as to withhold his approbation. The surviving sufferer, both before and after, was punished alike in the quarrel and event. He was led by great and resistless moral necessity to the painful step he had ta ken; and the Jury, by returning a verdict of Not Guilty, would give the highest satisfaction, both to the law and all reasonable men. After a few words from the SolicitorGeneral, the Court ordered that the words, "others of the lieges," should be struck out of the indictment. The following gentlemen were then chosen as a Jury to try the case, viz.Thomas Adinston of Carcant, Wm. Pagan of Linburn, John Wauchope of Edmonstone, Sir A. C. Maitland Gibson of Cliftonhall, Bart., Sir John Hope of Craighall, Bart., James Watson of Saughton, James Haig of Lochrin, John Thomson of Burnhouse, John Anderson of Whit burgh, Sir James Dalyell Bart. of Binns, James Dundas of Dundas; David Brown, clothier in Edinburgh, Robert Paterson, ironmonger there, Thos. Macritchie, wine merchant in Leith, and William Telfer, merchant there. The Earl of Roslyn was then examined in his place on the bench, by the Soli citor-General. He was acquainted with the gentleman at the bar, and about the 25th of March last waited on Sir Alexander Boswell, in consequence of a note written by him (Lord Roslyn,) request ing permission to see him; and stated that he came at the desire of Mr Stuart. He also stated, that Mr Stuart had come into the possession of certain papers, some of which appeared to be in Sir Alexander's hand-writing, bearing the post-mark of the town of Mauchline, and addressed to the Editor of the Glasgow Sentinel, and were the originals of articles contained in that newspaper: that one of them, in particular, a song, contained matter most offensive and injurious to Mr Stuart, charging him, in more passages than one, of cowardice; that this song, and other papers reflecting on Mr Stuart, appeared to be in the same handwriting as that which bore Sir Alexander's signature; that the similarity of hand-writing, together with the postmark of Mauchline, formed so strong a presumption that these papers had been sent by Sir Alexander Boswell, that Mr Stuart thought himself entitled to ask him whether he was or was not the author of them? Witness stated at same time, that if he, Sir Alexander, was not the author, or had not sent them to the newspaper, such denial on his part would be conclusive against any other evidence to the contrary. No person was present except witness and Sir Alex. Boswell. Sir Alexander said, it was a subject of great delicacy, and that he should wish a friend present; to which witness acceded, as highly desirable. Sir Alexander Boswell went out, and returned with Mr Douglas as his friend. Witness then repeated, in Mr Douglas's presence, what he had formerly stated; taking every possible care to impress on Mr Douglas's mind that his proceeding was justifiable, as there was strong presumptive evidence that the papers had come from Sir Alexander; but that Sir Alexander's reply would be held to be conclusive. Sir Alexander and Mr Douglas desired to confer together. Witness left them, and when he came back, found Mr Douglas alone, who said he could not advise Sir Alexander to give any answer to the question, and that as Mr Stuart was in possession of the facts, he must thereupon exercise his own judgment. Mr Douglas said, that if this unfortunate business proceeded farther, there were two conditions Sir Alexander considered indispensable. One was, that no meeting could take place for fourteen days, Sir Alexander having some family business to arrange, which required his presence; the other, that the meeting should be on the continent. On these conditions witness had no difficulty in saying, that they were likely to be acceded to by Mr Stuart. Mr Douglas then waited on Sir Alexander, and informed him of the arrangement, who said, that with regard to the papers he declined to give any answer. Witness had copies of the letters and papers in his hand. They parted, and he met Mr Douglas at his own house shortly after. The papers witness had in his hands were a song, a letter signed Ignotus, and another letter signed by Sir Alex. Boswell. Witness considered the song as by far the most. important of the two. There were passages which contained direct charges of cowardice against Mr Stuart.-Saw Mr Stuart after the interview, who agreed to both conditions stated by Mr Douglas, namely, the delay of fourteen days, and that the meeting should be on the continent. It was then settled between Mr Douglas and witness, that so soon as convenient for Sir Alex. Boswell leaving London, he should receive a letter from him, and that Mr Stuart, who had urgent business, would proceed without delay, and he, witness, would be there on or before 6th April. It was agreed, that all subsequent arrangements relative to time and place should be settled in London. Witness asked Mr Douglas whether there was no |