forlorn prifoner refolved to do as they advised her; and, pulling out her dagger, was juft going to dispatch herself, when the officer on guard, apprehenfive of the confequences that might attend her death, interpofed; and after having been confined, or rather intonbed, for twelve days and as many nights, the poor, perfecuted, injured woman was fet at liberty. She then appealed to the fupreme court at Calcutta, but not from the decifion of the provincial court. It was an action of damages that he there took out against her perfecutors. The cause, when tried in Calcutta, appeared to be of fo flagrant a nature, that the court, feeling a proper indignation, gave the woman 36,000l. damages. The fubfequent imprisonment of the defendants was only in confequence of their inability, or difinclination, to pay the fum awarded by the court. motions, made feparately, were carried. Mr Burke Mr Graves Mr Fred. Montagu Sir William James The committee for determining the Edinburgh election were chofen on the 16th of March. Their names were, Frederick Montague, Chairman. Nominee for the fitting member, William The counfel for the petitioner were, Mr Wight and Mr Erskine; for the town-council, Mr Crofbie; and for Me Miller, Mr Ilay Campbell and Mr Hardinge, Sir Richard explained away all the criminality laid at the door of the judges in the other charges; and feemed to think, that the Indians and others were not fo diffatisfied with the fupreme court as the Hon. General faid they were. This much was very remarkable, and would certainly have proper weight with the House, that from the establishment of the court, in the 13th year of his Maje fty's reign [36. 217.], to this day, only one appeal had been made to this country from the determination of the judges. in India; and it was not lefs remarkable, that those petitioners, who claimed the trial of jury as their birth right, were moftly natives of a country Scotland] in which the trial by jury is unknown, except in criminal cafes. Having fully anfwered all the specific charges which had been brought againft the fupreme court by Gen. Smith and Mr Rous, he acquiefced in the propriety of appointing a committee; but hoped, with the Noble Lord, that fome difcrimination in the charges of the petitions might be adopted, fo as to fecure the judges from any cenfure upon ex-parte evidence. On the queftion being put, the General's motion was carried without oppofition. He then moved, That the committee fhould be a felect committee; that it hould confift of fifteen members; that the members fhould be appointed by ballot; and that on Wednesday the Houfe would proceed to the ballot. All thefe The chief points objected against the validity of Mr Miller's election were, The want of the fheriff's precept, which had been served on the Lord Provoft; and which having been retained, occafioned the proceeding on a notorial copy; -2. That it is in the power of the Lord Provost alone to fix the day of election; 3. That there was not a quorum, or thirteen members, of the ordinary council, prefent when Mr Miller was elected; - and, 4. That the extraordinary deacons had no right to vote, and had been often protested against. The caufe was fupported with great ingenuity on both fides.- To the ob jections above ftated Mr Ilay Campbell answered. To the firft, That the fheriff's precept is not neceffary to be produced, and is a writ that never is returned; that the Provoft's letter to the Council, in which he fays," he had received the precept," was in every respect as good as if the precept had been produced on the council-table; and further, that the notorial copy was vouched by the fheriff himself upon oath. To the fecond he answered, That there was no fuch fuch power in the Provoft; that the act 12° Annæ did not authorise such a power; that act fays, that upon receipt of the fheriff's precept, he fhall proceed to the election; that in all council-bufinefs a majority of legal votes determines all matters; and if the Provoft had been prefent, and had proposed a day for the election, and any member of council had objected, and propofed another day, if this last day had carried by a majority of votes, that the council muft have held that day appointed by the majority. To the third objection, The want of a quorum of the ordinary council, it was answered, That the words of the fet exprefsly mention, that thirteen fhall be the quorum of the ordinary council, which confifts of twenty five members; and that seventeen fhall be the quorum of the extraordinary council, which confifts of thirty-three members; that feventeen members therefore could proceed to the election, which was a piece of business that the extraordinary council always had met upon, and voted in; that the members of the ordinary coun. cil who abfented themselves therefore threw away their votes, for they had been regularly fummoned by order of the prefes of the meeting; that thirteen of the ordinary council is not neceffary to be prefent when the business is such that the extraordinary council can vote, and that feventeen upon fuch occafions can proceed, whether of the ordinary or extraordinary council. To the fourth objection it was anfwered, That the extraordinary deacons always had voted: and though upon fome contefts their votes had been protefted against; yet they had, for centuries paft, poffeffed the right of voting at elections: they had not been deprived of that right, and none but parliament could deprive them of it; which never having been done, their votes were as valid as any in the kingdom. There are the outlines of this conteft. Many witneffes were examined. Suffice it to mention one.-Mr James Tait, one of the conjunct depute city-clerks, fwore, That he never knew the council proceed to bufinefs in which the extraordiDary deacons had a right to vote, without thirteen of the ordinary council being prefent: That in June 1763 there was a proceeding of that kind; but it was never recorded: That the council being ordinary or extraordinary makes no difVOL. XLIII. ference, there ftill requires thirteen of the ordinary council. It is faid, an argument used by the nominee for the petitioner had great weight in overturning the election. He argued, that upon the Wednesday, the ufual council-day, the extraordinary deacons might have voted to appoint the day of election; but they could not legally vote an intermediate meeting, the purpose of which was, to appoint the day of election. The petitioner was declared duly elected, and the fitting member set aside, What occurred moft interefting in the proceedings of the committee ap pointed to try the merits of the Airshire election was, that after hearing counsel pretty fully, the committee found, That the judgement of the court of feffion, with refpect to the legality of voters titles, was not conclufive; and they accordingly inquired into the rights of the voters that were difputed, and determined them according to their own o pinion, without regarding the decifions of the court of feffion in the fame cafes; notwithstanding which their opinion always agreed with that of the court of feffion. When they had fultained as many difputed votes in favour of Sir Adam Ferguffon as gave him a majority, they declared him duly elected, and fet Major Montgomery afide, A recent melancholy facts. eminent phyfician attended a lady of quality: The Doctor faid, He hoped the would excufe him, if he stept a little afide from the ftrict rules of good breeding, to mention a ferious truth, which to him appeared connected with her return of health, and even her life. "Oh, by all means,” replied the lady; "punctilio in illnefs would not only be ridiculous, but abfurd:”. "Why then, my Lady, to speak like a plain honeft man, if you perfift in making ufe of paint, it is not in the power of preferiptions to fave you."-" You aftonish me exceedingly, Doctor-1 may as well die as discontinue painting my face; for not one of my acquaintance would know me."-The phyfician was prophetic and the lady facrificed life to her prety face. A a Lord G. Gordon's trial continued [118.] WHEN the Attorney General had concluded his charge, the witneffes for the crown were called, viz. William Hay fworn; examined by Mr Solicitor-General. He knew the prifoner. Had feen him at Coachmakers Hall, St Margaret's Hill, at Greenwood's Rooms, and at the Old Crown and Rolls. Saw him at Coachmakers Hall on the 29th of May, where he acted as prefident to the Proteftant Affociation, Heard him announce to a very numerous affembly, "That the affociated Proteftants, as they were called, amounted to upwards of 40,000 in number; that on Friday the 2d of June it was refolved, they should meet at ten in the morning in St George's Fields, in four feparate divifions or columns, arrayed or dreffed in their beft cloaths." [Was it arrayed or drefed? faid Mr Kenyon, counfel for the prifoner.] Anf. To have your best cloaths on, with blue cockades in your hats, as he himself should wear a blue cockade, to diftinguish them from Papifts or friends to Roman Catholics. His Lordship gave orders how these four bodies fhould take their ground; but the witnefs could not charge his memory with the pofition of thefe four columns. Previous to this, at a meeting at the Crown and Rolls, prisoner as prefident, the witness recollects the prifoner's reading over certain parts of penal laws of Charles II. William and Mary, and George II. and obferving, that, by his Majesty's giving his affent to the Quebec Jaw, and the late act tolerating the Roman Catholics in England, his counfellors had brought him to that pafs in which James 11. was after his abdication. He then read his Majesty's coronationoath; and faid, it was his opinion, that his Majesty had broken that oath; and that the people in his country did not mince the matter, but avowed it to be true. Being interrogated, If he went to the meeting in St George's fields? faid, He did Saw a vaft multitude. They had all cockades, and there were banners. On the banners thinks he faw Proteflant Affociation; and on one banner, No Popery. Saw Lord G. G. haranguing the people; but could not hear what he faid. Came home, and faw fome come through Fleet Street, and march by St Dunftan's church, in their way to the Houfe of Commons, with cockades and banners. Was afterwards at the Houfe of Commons, and saw a number, who appeared to be the fame people, there, with the fame cockades and banners. Was in the lobby. It was crowded with fome of the fame, very riotous. The noife was generally occafioned by chiming Lord G. G.'s name; Lord G. G. was the conftant chime. Saw his Lordship once in the gallery over the lobby, Heard him exhort the people to continue ftedfastly to adhere to fo good and glorious a caufe as theirs was. He promifed he would persevere in it himself; and hoped, although there was very little expectations from the House of Commons, that they would meet with redrefs from a mild and gracious fovereign. Being asked, If he could recollect feeing any other flags, at any other place, in the courfe of the mischief that followed? faid, He faw one of the flags at the burning of the Fleet prison, that flag which had the words No Popery on it, Was clear the fame man carried it there that carried it in St George's Fields. Saw him in Fleet street, and saw him at Weftminster. He was afked, If he was either at the Sardinian or Bavarian chapels? faid, He was at the chapel in Lincoln's-inn Fields about ten at night. Was aftonished at the cruelty he faw there. Saw fome with cockades in the chapel; but many without, encouraging the others. The cry was, No Popery. Said, He was prefent at feveral fires; at Langdale's, at the King's bench, and at that in Fleet market, the Fleet prifon, at the corner of Lincoln's-inn Fields; and saw a bouse demolished in Great Queen Street; and heard the fame cry at all, No Popery. Crofs examined by Mr Kenyon. Said, He was by trade a printer: had been a bankrupt. Went firft to the meeting of the Proteftant Association on the 10th of December 1779. Went to all their public meetings afterwards; at fome where the prifoner was not, and fome where he was prefent. He had faid, he had feen Lord G. G. at Greenwood's rooms on the 21ft of January. The counfel preffed him hard on that fact. He prevaricated. He was cautioned to be pofitive. He referred to his notes. Court allowed him to refres his memory. Owned the prifoner wa not there. Was queftioned about hi notes ings purpofely to take notes. Said, He forefaw hat would happen, and dreaded the confequences. Was afk ed, How foon he had this forefight? Said, As early as the 20th of February. Why his notes went prior to that date? Said, He never went to any public meetings but he had an errand. Said, He always took notes of what occurred, and entered them when he came home; that was his conftant course in all occurrences through life. Counfel. Have you, upon your oath before God and your country, put down every thing that paffed at thofe public meetings? Said, He did not comprehend the nature of the queftion. He was afked, How near he was to the perfons who carried the flags in St George's Fields? Said, He was not in St George's Fields; he was in the Road. Saw them pafs. Saw one of the flags carried by a conftable. Saw the other there, and from the leads of his own houfe, in Fleet street, and at Weftminfter, carried by the same man; a coarse looking man, feemingly like a brewer's fervant dreffed in his best cloaths. Be ing preffed by the counfel to fay, by what mark he could diftinguifh a brewer's fervant in his best cloaths from another man, it pofed him, and at laft he faid, "I cannot answer that queftion, if you put it to me an hundred times." He was afked, If Lord G. G. defired the people to be arrayed in their best cloaths, to be drawn up in columns, and to march with banners? Said, Thofe were not Lord G. G.'s words. He was asked, If he informed the secretaries of state of his apprehenfions in February? He faid, He communicated his fears then, and wrote his fentiments to Mr Buller of Gray's lan. Believed Mr Buller might be a Roman Catholic. He had heard he notes. Said, He went to thefe meet- as blue cockades in their hats, or words to that effect: That he himself would be there, and would be anfwerable for any of them that fhould be molefted: That he wished well to the caufe, and was ready to go to the gallows for it; but he would not prefent the petition of a lukewarm people. He added, that he [Lord G. G.] told them to meet him in four bodies in St George's Fields, each body to occupy a different spot. Saw them afterwards fo affembled, and forming like foldiers, eight or nine abreaft. Suppofe the number to be 3000, with blue ribbands in their hats; fome had the words No Popery upon the ribbands. This witnefs was crofs examined; but no inconfiftency in his evidence appeared. John Anftruther fworn. - Was at Coachmakers hall on the 29th of May, and heard Lord G. G. fay, that he called that meeting for the purpose of informing them, that he meant to prefent their petition upon the Friday following. He defired them to meet him on that day in St George's Fields; but if there was a man lefs than 20,cco, he would not prefent it. He recommended to them the example of the Scotch, who by their firmnefs had carried their point. He recommended temperance and firmnefs, and concluded with telling them, he did not mean them to go into any danger that he would not fhare; for he was ready to go to death for the Proteftant caufe. Being asked, If death was the word? faid, He rather believed gallows to be the word. Being afked, If nothing was faid about the manner in which the people were to be diftinguished in the Fields? faid, He had forgot that circumftance; and then recollected, that the body of the London Affociation fhould take the right hand, and the Scotch the left. How the other two bodies were difpofed of, he did not remember. Was at the lobby of the Houfe when the petition was prefented. Saw Lord G. G. telling the people what had paffed in the Houfe; that they had been termed a mob; that the peace-officers had been called in to disperse them peaceable petitioners; that fomething had been faid in the House about calling in the military. He stated the impropriety of using the military in a free country. There was a great deal of confufion in the lobby; feveral people called to Lord G. if they fhould difperfe. His antwer was. William Metcalf fworn. Saw Lord G. G. at Coachmakers hall on the day when the meeting in St George's Fields was fixed on. Heard him defire the people to meet him in St George's Fields. He reminded them, that the Scotch fucceeded by their unanimity; and he defired them likewife to be unanimous. Hoped none who had figned the petition would be ashamed or afraid to appear in the caufe: That he would not prefent the petition, unless he was met there by 20,000 people; and he defired them to come with fome mark of diftinction, fuch was, They were the beft judges what they ought to do. He faid, the Houfe was about to divide. He and fix or feven more were for taking it up now; but the majority were for Tuesday. If it is not taken into confideration now, your petition may be loft. To-morrow the Houfe does not meet; Monday is the King's birth-day; and upon Tuesday the parliament may be diffolved or prorogued, he could not tell which. He was for fteadiness and firmness; and did not doubt, that when his Majefty heard that his fubjects were coming up, or were flocking from miles round, and wishing for it, would fend to his minifters to defire them to repeal the act. Some further converfation paffed between Lord G. and the chaplain of the Houfe; but he did not hear it. [No cross-examination.] Rev. Thomas Bowen fworn. He attended the Speaker as chaplain to the Houfe. Saw Lord G. frequently go to the door on the day he prefented the petition; and heard him repeat to the people what different members faid in the debates. "The Speaker has juft faid, You are all come here under pretence of religion.". "You are good people; yours is a good caufe. Mr Rous has juft moved, that the civil power be fent for; but don't you mind, keep your felves cool, be steady." A gentleman came up to him. "This," faid he, "is Sir Michael Fleming; he has juft been fpeaking for you." Witnefs faid, He faw fome gentlemen perfuading the people to retire; and heard one of them make anfwer, If his Lordship would come, and fay it was neceffary, they would go. His Lordship made no reply. His Lordship advifed them, in general terms, to be quiet, peaceable, and fteady; his Majefty is a gracious monarch, and when he bears, that his fubjects, &c. (as before). This witnefs spoke likewife to his Lordship's fetting the Scotch up as a pattern; but defired them to beware of evil minded perfons, who would entice them to mifchief. This witness was asked by his Lordship, If he would speak to the people? which he delined. His Lordship then took hold of his (the witnefs's) gown; and prefenting him to the people, defired they would ask him his opinion of the Popish bill, and urged him to give it. He replied to his Lordfhip with fome warmth, by obferving, that all the confequences which might arife from that night would be owing to his Lordship. His Lordship had a blue cockade. Heard him often called for in the lobby. The cry in the lobby was, Repeal, Repeal. Saw feveral members with cockades in their hats. They could fcarce pass through the mob. Crofs-examination. Said, Seeing his name in the papers next day, he did give the Speaker an account in writing of what happened. Did not fee Mr Anftruther in the lobby. Saw a John Cater, Efq; fworn. perfon in the lobby who called out aloud two or three times, Lord George Gordon! Witness turned round, and faw the Noble prifoner near; who, on hearing himself called, came to the rail and locked over. Witness did so too. The fame perfon faid, " My Lord, we are or• dered to clear the lobby. It your Lord fhip withes we should, will do it directly, and without trouble." The man was a ftranger. The Noble prifoner replied, "I will tell you how the cafe flands. } have moved to have your petition taken now into confideration. Alderman Bull and two or three more are for it; the reft are against it; therefore, if you with your petition should be taken now into confideration, you may ftay, or do as you pleafe." All in the lobby were filent and attentive. As foon as the Noble prifoner had done fpeaking, they pulled off their hats, and cried, Now, now, now. 'He recollected farther, that the Noble Lord leaned over the rail again, and said, Would not you with to be in the fame flate they are in Scotland? They anfwered, Yes, yes; and he faid, Well, well. [No cross-examination.] Mr Jofeph Pearfon, door-keeper to the Houfe, fworn.- Was at the Houfe on the 2d of June. Heard the general cry, No Popery, No Popery; Řepeal, Repeal. Saw the Noble prifoner there. He told the people, he fhould let them know what was doing in the Houfe; faid, they had a good cause, and nothing to fear. Said, Sir Michael Fleming had spoken in their behalf, and had spoke like an angel. They crowded much up. on the witnefs; and the prifoner came out, and moved his hand for the people to make room. [No crofs examination.] Thomas Baker, lower door-keeper, fworn. His evidence differed in no thing |