to become a party in a Congress proposed to be held at Paris on the affairs of South America.

24-Petitions were presented from the Faculty of Advocates, the Society of Writers to the Signet, and the County of Edinburgh, against the Scots Judicature Bill; and Mr Peel, in afterwards moving the second reading of the Bill, declared that it was not his intention to push it through during the present Session of Parliament.

Mr Hobhouse presented a petition from the debtors confined in Horsemonger Lane prison, praying a repeal of the Gaol Act, 4 Geo. IV., and complaining of a number of hardships imposed by the late regulations of the Surrey Magistrates. Among other grievances they alleged, that by restricting the time in which they could have the assistance of friends or servants to one hour a day (and that the most inconvenient, namely, from eleven to twelve), they were frequently deprived of food for twenty-four hours; that by closing their cells at six o'clock, they were

SEPTEMBER.

deprived in summer of the only opportu nity of enjoying the fresh air unincommoded by the sun's heat; and that, by the same regulation, they were deprived of the consolation of visits from their friends, most of whom were persons occupied in business during the whole time that the prisoners would be permitted to receive them. Mr Hobhouse, in illustration of the harsh temper of the prison rules, adverted to the case of Mr O'Callaghan, an actor at one of the minor theatres, who had been convicted of an assault upon a clergyman, and sentenced to one month's imprisonment, though recommended to mercy by the jury, which imprisonment, by the operation of the rules in question, was turned into solitary confinement, and a bread and water diet.

The debates on this Petition, and on another from Mr O'Callaghan to the same purpose, occupied the House for nearly the whole of its sitting. Lord Eastnor, who had sentenced Mr O'Callaghan, disclaim. ed any knowledge of the severe discipline of the Surrey goal.

Autumn Circuits.-Perth-The Court of Justiciary was opened here by the Lord Justice Clerk and Lord Pitmilly, on Thursday the 16th instant.-Andrew Hay, late grocer in Dunfermline, charged with perjury, falsehood, fraud, and wilful imposition, and James Cameron, late merchant and banker in Dunkeld, charged with forgery, were outlawed for not appearing. Thos. Marshall, George Scott, and James Whyte, charged with murder and desperate assault, mobbing and rioting, which took place on the evening of Stobsmuir Fair, in the neighbourhood of Dundee, on the 13th July last, when John Allan, mason, was cruelly murdered, and the persons of many others severely injured. The prisoners severally pleaded Not Guilty. It appeared the deceased, along with other thirteen, were passing Stobsmuir toll-bar when the panels and a number more attacked them, and knocked several of them down and otherwise abused them. The deceased was struck by two men and fell into a ditch, exclaiming, "Lord, I am gone-don't strike me any more." The cause of his death was a blow he had received on the temple. The Jury, after having retired about twenty minutes, returned a viva voce verdict, finding the panels Not Guilty of the murder libelled;-Marshall Guilty of assault and rioting as libelled,

with the aggravation of carrying a stick in his hand; Scott of assault and rioting as libelled; and Whyte of rioting as libelled. Lord Justice Clerk.-" Gentlemen, I cannot admit of the aggravation expressed in your verdict-that of the prisoner, Marshall, carrying a stick in his hand. You might as well have stated that he carried a hat on his head-neither of which is libelled in the indictment." The Jury agreed to cancel the aggrava tion. Lord Justice Clerk.-"Gentlemen, you are in the meantime discharged from farther services." Lord Pitmilly, in proposing that Marshall should be banished for fourteen years, Scott for seven years, and Whyte imprisoned for one year, with a caution of £.30 to keep the peace for five years and the Lord Justice Clerk, in passing that sentence, warned the panels how much some of them were indebted to the strange and unlooked-for verdict of the Jury, for the leniency of the punishment now awarded. The verdict, fortunately for the prisoners, but unintelligibly for the Court, cleared them of the charge of murder, while it found them guilty of all the assaults as libelled, of which charges that which ended in John Allan's murder formed one. that incomprehensible distinction they owed their escape from a very different sentence. The trials were continued on Friday and Saturday, and sentence given

To

in nine cases. Of the prisoners tried on Friday, John Stewart, accused of the murder of his wife, who had died three days after being most cruelly beat by him, was found Guilty of culpable homicide, and sentenced to be publicly whipped through the streets of Perth on the 15th October next, and thereafter to be transported for life; and William Mailer, also accused of murder, was found Guilty by the Jury of culpable homicide; but being, in consideration of the peculiar circumstances of the case, recommended to the leniency of the Court, he was sentenced to only four months' imprisonment. One of the prisoners tried on Saturday, James Milne, accused of southrief, housebreaking, and theft, aggravated by his being habit and repute a thief, was sentenced to be executed at Forfar on Saturday the 30th October, but the sentence has been since respited.

Aberdeen. The Court met on Tuesday the 21st. Alexander Cowie, mariner in Aberdeen, charged in the indictment with theft, aggravated by housebreaking, was found Guilty of the theft, but not of the aggravation of housebreaking, and sentence of transportation for seven years was then pronounced. John Downie and Alexander Milne, for housebreaking and theft, Downie being habit and repute a thief, were placed at the bar. The panel Milne admitted the charges, but Downie having pleaded Not Guilty, eight witnesses were examined, who established the extent of the theft. The Jury unanimously found both panels Guilty. Downie was then sentenced to transportation for life, and Milne for fourteen years. George Scott Middleton, weaver, Stonehaven, housebreaking and theft, pleaded Guilty, and was sentenced to transportation for seven years. On Wednesday, Peter Davidson, jun. and John Cumming, alias John Wood, were brought to the bar, accused of theft, aggravated by their being habit and repute common thieves. The Jury returned a viva voce verdict, unanimously finding the panels Guilty of the crimes libelled, but finding the aggravation of habit and repute, as to Davidson, Not Proven. Davidson was sentenced to seven years' and Cumming to fourteen years' transportation beyond seas. On Thursday, Charles Pitcairn or Pitkern, indicted for stealing a watch at St. James's Fair, near Laurencekirk, pleaded Guilty. Sentenced to seven years' transportation. The next trial was a case of assault on Malcolm Gillespie, excise officer, which occupied the Court nearly all Thursday. The parties were Thomas Leslie, Alex. ander Lindsay, and Robert Hadden, ac

cused of assaulting and beating Mr Gil. lespie, in the execution of his duty at the Greenburn-market. A number of witnesses having been examined, the Council for the Crown and for the panels having declined addressing the Jury, the Lord Justice Clerk, in a very energetic speech of nearly an hour and a half, summed up the evidence, and the Jury returned soon after, with a written verdict, finding, by a plurality of voices, the libel Not Proven. Upon which his Lordship, before dismissing the panels, could not help expressing in warm terms his surprise and disappointment at the ver. dict.

ness.

Inverness. On the 28th, Lord Pitmilly opened the Circuit Court at Inver-Alexander M'Millan, charged with theft, was outlawed for not appearing. Katharine Mackenzie was found Guilty, by her own confession, of concealment of pregnancy. The Hon. A. L. Melville spoke in mitigation of punishment. She was an orphan, and had already suf fered an imprisonment of six months in the jail of Tain. He himself had seen that jail, and had examined the apartment in which the panel was confined, and he begged to inform the Court that it was totally unfit for the accommodation of any human being. The floor is of clay-there is no bed to lie upon—no fire-place-nothing but the bare stone wall. There is a sort of window, or ra ther aperture, in the wall, framed with iron staunchions, without a pane of glass to protect the unfortunate prisoners from the inclemency of the weather. This could not but have been injurious to the health of the panel. Lord Pitmilly having inquired of the Sheriff of Ross, in Court, as to this statement, was sorry to find that it was not at all exaggerated. After what they had heard, he could not order the panel to be sent back to the jail of Tain. She was sentenced to six months' imprisonment in the jail of Inverness, the county of Ross to indeinnify that county for the expense.

Some

cases of assault and petty theft were visited with imprisonment, and the Court broke up, having been only occupied six hours in whole.

Inverary. The Circuit Court of Justiciary was opened here on the 18th inst. by the Hon. Lord Succoth. Donald M Gilvray, accused of forging tickets for five shillings each, in imitation of those issued by John Sinclair in Tobermory; Angus Cameron, accused of sheep-stealing; Alex. M'Intyre, in the parish of Kilmartin, accused of horse-stealing; and Neil Campbell, accused of uttering forged notes, having all failed to appear, had sentences

of outlawry pronounced against them. Archibald MacLean, accused of housebreaking and theft, was found Guilty, and sentenced to transportation for fourteen years. John M'Alpin, accused of having assaulted Ann Clark, a widow woman, within her own house, at the Bridgendstreet of Rothesay, pled Guilty to the crime of assault, but denied the charge of hamesucken, and having adhered to that plea before the Jury, he was found guilty in terms of his own confession, and sentenced to imprisonment for nine months in the tolbooth of Rothesay. Daniel Spreul and Agnes Spreul, accused of an aggravated assault on the person of John M'Gowan. Daniel Spreul having failed to appear, sentence of fugitation was passed upon him, and Agnes Spreul having pled Guilty before the Jury, had sentence of nine months' imprisonment in the tolbooth of Campbeltown passed upon her.

Stirling. On the 23d, Lord Hermand opened the Court here. Fortunately this proved what is termed a maiden Circuit, there being no criminal case on the roll. His Lordship stated, that it was now many years since he had entered on the duty of presiding at Circuit Courts, but that this was the first time he opened a Court without a criminal. For this, under the Providence of God, the country was in a great measure indebted to the activity and care of the Sheriffs and Magistrates of the county, whilst it reflected highly on the peaceable and contented dispositions of the people. After the business of the Court was closed, the Provost and Magistrates presented the Judge, Sheriffs, and other members of Court, with white gloves-a compliment usually paid when there is no criminal case before the Bench.

Glasgow. The business of the Circuit commenced here on Monday the 27th September, and finished on Saturday the 2d October. Lords Hermand and Succoth Judges.

of five men charged in one indictment on Monday with theft, one was outlawed for non-appearance, a verdict of Not Guilty given with respect to two, and of Not Proven with respect to the other two, one of whom was recommitted on a new warrant.Of two young women tried for uttering a forged note, one was sentenced to seven years' transportation; a verdict of Not Proven returned as to the other. Another person was found Guilty of the same crime, in terms of his own confession;-sentence not given.Two men, for housebreaking and theft, were sentenced to fourteen, and one for reset to seven years' transportation; two, for theft, to twelve months' imprison

ment and hard labonr; and a boy, apparently about twelve years of age, to seven years' transportation for the same offence. A trial for robbery was gone through before the Court adjourned on Monday, and the verdict of the Jury, Not Proven, was given in on Tuesday.

Tuesday.-Wm. Burns, Jas. Hartley, and James MacKirdy, were charged with murder. James MacKirdy was outlawed for non-appearance, and Burns and Hart. ley pleaded Not Guilty. The Jury found the libel against Wm. Burns Not Proven,

James Hartley guilty of culpable homicide, but recommended to mercy, on account of his former good conduct. He received sentence of nine months' imprisonment in Bridewell. Martha Stevenson, and James Harkin or Harkins, were charged with robbery. Harkins was out. lawed for non-appearance, and Stevenson pleaded Guilty, when Lord Succoth, on account of this being her first offence, sentenced her to six months' confinement in Glasgow Bridewell. Elizabeth Guthrie, alias Betty Burnet, was accused of theft. On account of a legal objection to the citation of the prisoner, urged by her coun sel, the diet was deserted pro loco et tempore, and she was recommitted on a new

warrant.

Wednesday. John M'Ausland, accused of assault, was found guilty, and sentenced to be publicly whipped through the streets of Glasgow, on Wednesday the 13th Oc tober, and to be confined for two years in Bridewell. Wm. Taylor, David M'Coll, Thomas Cumming, Thomas Davies, alias Roberts, alias Eccles, and Wm. Caldwell, charged with attacking Robert Murphy, on the 22d May, near the Tron Church, Glasgow, and robbing him of two onepound notes, five numbers of the Old Testament, and a cotton-handkerchief, pleaded Not Guilty. The diet was continued against Caldwell, and he was recommitted. Evidence was then led as to the other prisoners, after which the Jury retired, and, in the meantime, the Court proceeded with the following cases: James Dougherty, and Edward Prunty, alias Prentice, charged with cutting the cover of a cart belonging to a carrier, betwixt Kirkintulloch and Glasgow, and taking therefrom a quantity of goods, pleaded Guilty, and were sentenced to six month's imprisonment in Bridewell. John M'Millan, alias Melholland, and Mary Paterson, alias Milnhollum, alias Melholland, accused of breaking into a house in Main-street, Anderston, and stealing several articles. Paterson was outlawed for non-appearance, and the diet against M'Millan deserted simpliciter, and he was dismissed from the bar.

Thursday. The jury gave in their written verdict in the case of Taylor, M'Coll, Davies alias Roberts alias Eccles, and Cumming, finding Taylor and Davies Guilty, M'Coll Not Guilty, and the libel, as it regarded Cumming, Not Proven. The libel against Taylor was restricted, he being only sixteen years of age. Taylor was sentenced to transportation, after a suitable admonition, and Davies was sentenced to be executed on Wednesday the 17th November. On being taken from the bar, the unfortunate man protested his innocence in the most solemn manner. [He has been since respited.] David Watt, accused of robbing Jas. M'Gibbon of a silver watch, pleaded Guilty. Owing to some misunderstanding, the case was certified to the High Court of Justiciary. James Hill and Philip Donnelly, accused of theft and breaking open lock fast places. Donnelly pleaded Not Guilty, and Hill Guilty. After the examination of several witnesses, who clearly brought home the charge to Donnelly, the Jury found Hill Guilty, in terms of his own confession, aud Donnelly also Guilty. The libel having been restricted, Hill was sentenced to fourteen years' transportation, and Donnelly to seven years. James Kerr, accused of shopbreaking, pleaded Guilty, and was sentenced to transportation for life. Walter M'Adam alias John Davidson, accused of stealing, pleaded Guilty, and was sentenced to seven years' transportation. Alexander Napier, accused of stealing a silver watch, and of being habit and repute a thief, pleaded Not Guilty. From the testimony of the gentleman who had been robbed, corroborated by all the other witnesses so far as their evidence went, it was clearly proven that the panel committed the crime of which he was accused; and the Jury having returned a verdict of Guilty, the prisoner was sentenced to 7 years' transportation.

Friday. John Robertson, accused of robbing Isobel Cassils of a bundle containing cloth, and a variety of other articles, pleaded Guilty. Sentence delayed. Robert Alexander, James Dick, and John M'Farlane, accused of theft and housebreaking. The diet against M'Farlane was deserted, and he was dismissed from the bar. The others pleaded Not Guilty,

and after several witnesses were examined, the Jury returned a verdict of Not Guilty. David Parkinson, Rosanna Birrel or M'Farlane, Mary Parkinson, and Jean M'Limont or Perrat, charged each with having resetted a portion or part of the goods stolen in the previous case, pleaded Not Guilty. It was satisfactorily proven that the goods found in the panels' house formed part of those stolen from the ware house at the Broomielaw, and the Jury returned a verdict, finding Birrel or M'Far lane, Paterson or Parkinson, and Jean M'Limont or Perrat, Guilty; and the libel as it regarded David Parkinson, Not Proven. The women were sentenced to seven years' transportation. David Park. inson, charged with having resetted or received a number of silver watches, ear. rings, finger-rings, seals, keys, goldchains, &c. which had previously been stolen from John Douglas, watchmaker in Dumbarton, pleaded Not Guilty, but after two witnesses were examined, he retracted his plea, and pleaded GuiltySentence, seven years' transportation. Margaret Campbell, Rosannah or Rosie M'Credie or M'Gregor, and Marion or May Rankine, were charged with housebreaking, and Campbell and Rankine with being habit and repute thieves. Campbell pleaded Not Guilty; M'Credie pleaded Guilty to one charge of theft, and Rankine Guilty of another, and of being habit and repute a thief. The Jury found Campbell Guilty of the second charge of theft, and of being habit and repute a thief; and M'Credie and Rankine Guilty in terms of their own confession. Succoth then sentenced Campbell and Rankine to seven years' transportation, and M'Credie to twelve months in Bridewell.

Lord

On Saturday, a case in which six boys, apparently between nine and thirteen years of age, were accused of carrying off clothes from a washing-green, was remitted to the Sheriff. Three women, Ann Rae, Janet Campbell, and Ann Carruthers, were charged with theft, their guilt proved, and sentence of fourteen years' transportation pronounced against them. John M'Lean, accused of stealing £.28.15s. from a drawer which he opened by a false key, was also found Guilty, and sentenced to transportation for the same period.

Death of Mr Sadler the Aeronaut.—On Wednesday the 29th ult., Mr W. W. Sadler made his thirty-first ascent, from Bolton, in Lancashire, in company with a man servant. Whilst over Church Parish, about four miles east of Blackburn, the aerial voyagers prepared to descend, and threw out a grappling-iron, which caught a tree, and the sudden jerk threw Mr Sadler out of the car and broke the cord. The balloon then dragged the car, and knocked down a chimney, shortly after which Mr S. (who was suspended to the car by one leg) fell to the ground from the height of about thirty yards! A crowd immediately assembled, and he was conveyed to a public-house adjacent, where it was discovered that his skull was much fractured, several ribs were broken, and he was otherwise so materially inju. red, that he expired next morning. After Mr Sadler had fallen from the car, the balloon, lightened of the weight of one of

Deduct Increase......

Decrease on the Quar.

438,634 12,500

its occupants, rose rapidly to a considerable height, and again descended near Whalley, about three miles from the place of the accident, and the car coming in contact with some rails, the man was thrown out, and had his left arm fractured, and received other injury. The balloon again rose rapidly into the air, and disappeared. It is something remarkable, that Mr Blenkinsop, the landlord of the public-house to which Mr Sadler was carried, on his return from Acerington, where he had hastened for a surgeon, fell down dead in an apoplectic fit, a few yards from his house, about the time Mr Sadler was brought there. On the same day a balloon, no doubt that of the unfortunate Mr Sadler, was observed by Captain Fegen, of his Majesty's revenue cruizer Lapwing, to fall into the sea about eight leagues north-east by east of Flamborough-head, and totally disappeared in about five minutes afterwards.