covery, caught cold in a fhower of rain, had a fecond falivation in confequence, and died within a few days; the other, of a lady who died, as Mr. Scawen did, of a fecond falivation, which caused a mortification in her mouth.

The Rev. Mr. Lodge faid he had known Mr. Scawen's family for fome time; that the prifoner always treated the deceased with unexampled tenderness; and that there was a mutual affection between them.

A gentleman, who had been intimate with the late Mr. Scawen for the two laft years of his life, was fworn, and depofed, that he had repeatedly heard the deceased fpeak of the prifoner in very recommendatory terms; and that he had once bought a bottle of Maredant's drops for him.

Mifs Smith declared fhe had been acquainted with Mr. Scawen and the prifoner; that he went to fee him a few weeks before his death, and while fhe was in the room, faw him take a dofe of the rheumatic tincture, which made him very fick; that the prisoner then expreffed great uneafinefs at his illness, and advised him not to take any more quack medicines, as they made him rather worse than better. This witnefs declared the did not believe that the prifoner poifoned Mr. Scawen, as fhe would be the last perfon in the world whom the fhould think capable of committing fuch a crime.

The witneffes on behalf of the prifoner having been all heard, the judge fummed up the evidence, and gave his charge to the jury, who, after being out of court about a quarter of an hour, return

ed, and found the prifoner, Not Guilty.

The trial lafted from about feven in the morning till between three and four in the afternoon. The counfel for the crown were Mr. Lucas and Mr. Cooper. For the prifoner Serjeant Glyn, Mr. Cox, and Mr. Peckham.

Some Account of the Proceedings against Captain David Roach, fome years fince joint-candidate with Mr. Wilkes for the county of Middlefex, on a charge of having murdered Captain John Fergufon, at the Cape of Good Hope, on the 4th of September,

1773.

N Wednesday the 28th of

June 1775, Captain Roach was taken on board the Thames

Eaft-Indiaman, just arrived in the Downs from Bombay; and, the Friday following, in confequence of a warrant granted by William Addington, Efq; and backed by -Ruffel, Efq; of Greenwich, was brought to London, where he was twice examined, the fame day, by the magiftrates in Bow-ftreet; but we need not dwell upon what paffed upon that occafion, as the whole appeared again upon his trial; for which, as the propereft place, we fhall accordingly referve it. We fhall only obferve, that Mr. Chamberlain, Solicitor of the Treasury, attended in order to profecute Captain Roach, at the fuit of the crown; and that the magiftrates at Bow-ftreet thought proper to commit him to Tothil-fieldsBridewell, upon a statute made in

the

the 33d of Henry VIII. for the trial of offences committed in foreign parts, not fubject to the crown of England, under a special commiffion to be iffued by the crown for that purpose, there to abide the pleasure of the privycouncil.

There, accordingly, the Captain remained till Monday the 10th of July, when, after being examined by the privy-council, prefent the Archbishop of Canterbury, the Lord Chancellor, the Duke of Queensbury, Lord Rochford, Lord North, and Lord Charles Spencer, he was committed to Newgate; and, on the 5th of Auguft, a fpecial commiffion paffed the greatfeal for his trial.

On the 13th of September, the Captain, being brought by Mr. Akerman, keeper of Newgate, be fore the court of feffions then fitting at the Old-Bailey, prefented a petition to be then tried, as his health, he urged, was greatly impaired by confinement, and he was conscious of his innocence, having been already honourably acquitted of the crime with which he was charged, at the Cape of Good Hope; but the judges could not comply with his requeft. However, being brought by habeas corpus, the 24th of the next month, before the court of King's-Bench, he was admitted to bail; on binding himself in 800l. with four other gentlemen in zool. each, to appear before the commiffion for his trial.

At thefe proceedings in the court of King's-Bench, the following extraordinary mode of proceeding by the Dutch judicatures, appeared in the depofition of Mr. John Davies,

of St. Martin's lane, who had been many years refident at the Cape of Good Hope. When any offence of a capital nature is committed there, application is made to the Fifcal, or fupreme judge, who immediately difpatches officers in pursuit of the offender, armed with drawn fabres, and attended by a number of fine large dogs, of furprizing fagacity, by whom the criminal is generally discovered. If the criminal happens to be a perfon of diftinction, he is given to the care of fome friend, who becomes refponfible for his appearance, in the penalties of life and fortune; if, on the contrary, he proves to be a perfon of low or middling repute, he is caft into a dungeon. Depofitions are there made before the Fifcal, who folely determines thereon,

and from whofe fentence, except in cafes of treafon against the ftate, there is no appeal; nor has the wretched culprit the least opportunity of defending himself, but frequently fuffers excruciating tortures, upon the partial evidence of relations and flaves, fometimes perhaps fuborned for that purpose.

At length, on the 11th of December 1775, the Captain was brought to his trial at the OldBailey, in confequence of the fpecial commiffion issued for that purpofe.

Andrew Cairncrofs, furgeon of the Vanfittart Indiaman, depofed, that the prifoner and the deceased, having both had commiffions in the Eaft-India Company's land-fervice, were paffengers on board the faid fhip; that they had feveral dif agreements while on their voyage to the Cape; and that, a day or two after their arrival there, as

himfelf

himself and feveral officers were drinking tea together, about fix in the evening, the deceased received a meffage that Captain Matthews wanted to speak with him; that the deceased went down ftairs; and that, in a few minutes after, word was brought that fome perfons were fighting in the ftreet; that the witness ran down ftairs, and met Captain Roach'fheathing his fword, and, at about ten yards diftance, found Captain Ferguson in the ago.

nies of death.

John Moody, furgeon's mate, depofed, that he had frequently heard the prifoner declare, that

he wished to fhorten the race of the Fergufons;" that he had expreffed an intention to challenge the deceafed as foon as they should land; and, if he did not meet him, to run him through the body: but of this he acknowledged he had given no intimation to the deceafed, nor to any one elfe till after the affair

was over.

Robert Young, Captain of the Vanfittart, corroborated the evidence of Mr. Cairncrofs, as to the differences between the prifoner and the deceased; that before their landing at the Cape, the prifoner had complained to him that the deceafed would not fpeak to him; and added, that he should speak to him when he came on fhore.

Captain Roach faid in his .defence, that he had feveral inftruments to prove his having been tried at the Cape, and honourably acquitted, for the offence now charged against him; that what he did was in virtue of his commiffion, that made it neceffary for him to fupport his honour; that he had been barbarously affaulted; had one

of his arms diflocated, and had received a violent contufion on his skull; and that he stood acquitted before God of any guilt, as his innocence would appear by his witneffes. His witneffes were James Goodwin and Guftavus McGufty, who fwore that the deceased was the aggreffor, and had violently af faulted the prifoner before he drew his fword. The Jury brought in their verdi&, Not Guilty.

The counfel for the profecution were Mr. Serjeant Davy, Mr. Cox, Mr. Macdonald, and a young barrifter.-For the prifoner, Mr. Lucas, Mr. Davenport, and Mr. Howarth.

Some Account of the Proceedings against Stephen Sayre, Efq; on a Charge of High Treafon.

B

ETWEEN the hours of nine and ten on Monday morning, the 23d of October 1775, Mr. Staley, of Halfmoon-ftreet, Piccadilly, and Mr. King of Queen-Annetreet, Weftminster, both king's meffengers,attended by a conftable, repaired to the houfe of Stephen Sayre, Efq; in Oxford-ftreet. As an excufe to obtain an interview with Mr. Sayre, they pretended that a forged draft for 2001. had been iffued by the bank in which Mr. Sayre was a partner; and Mr. Sayre no fooner appeared, than the meffengers acquainted him, that "they had an order figned by Lord Rochford, one of the fecretaries of ftate, to take him into custody on a charge of high treafon; and to fearch for, feize, and carry with them, fuch of his papers as they

might

might deem effectual for their purpofe."

Mr. Sayre heard the charge, and permitted them to fearch his efcrutores, boxes, and bureaus, without oppofition, from whence they took a letter from Mrs. Macaulay, fifter to the then lord-mayor elect, and another letter, addressed to the livery of London, under the fignature of "Barnard's Ghoft, &c." Mr. Sayre expreffed his readiness to accompany the king's meffengers unto Lord Rochford's houfe, having previously dispatched a fervant to Mr. Reynolds, requiring his attendance with the utmost expedition. The meffengers then conducted Mr. Sayre to the prefence of Lord Rochford, where Sir John Fielding was already feated. An information from Mr. Richardfon, an adjutant of the guards, was now read. The charge in this information was to the following purport: That Stephen Sayre, Efq; had expreffed to him, the faid Richardson, an intention of feizing the king's perfon, as his Majesty went on Thurfday to the parliament-houfe; alfo an intention of taking poffeffion of the Tower, and of overturning the prefent government."

After this information had been read, Mr. Sayre replied to the feparate charges with great compofure: he ftated how very flightly he was acquainted with Adjutant Richardfon; he mentioned the only converfation which had ever paffed between them, in which he acknowledged he had expreffed himself very freely concerning the unhappy and destructive contelt now depending in America, &c. &c. and that he concluded this converfation by faying, he feared there was not fpi

rit enough in this country to bring about a total change of men and measures; but that as to any plan or intention about feizing the perfon of the King, or any expreffion which could be conftrued into fuch intention, he totally and utterly denied. He farther observed, that had there been any such plan under confideration, Mr. Richard fon fhould, if in bis fenfes, have concealed his refolution of divulging it, until fome further steps were taken; that by a little delay, Mr. Richardfon, in cafe the defign had been real, muft have been furnished with a thoufand corroborating circumstances. But, faid Mr. Sayre, I perceive there is a dangerous difpofition which gives high encouragement to informers, and marks fome perfons as unfavourable to liberty, whether their information proves wellgrounded or not: here he inftanced the honours and rewards which had been heaped upon two American Governors, and many others, whose whole evidence (he faid) ftood flatly contradicted by known and acknowledged facts; and added, that if fuch a difpofition continued to be exerted, no man of any character or importance in this country would be fafe a moment. Mr. Sayre was proceeding to relate the whole of the converfation which happened; and was about to enter more largely into the futility of the charge, when it was announced to Lord Rochford, "that Mr. Reynolds demanded immediate admittance to his client." Mr. Reynolds was admitted. Having been introduced to Lord Rochford, and Sir John Fielding, the latter put the following queftion to Mr. Reynolds.