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Mr. Gillam was very fure the foldier who feemed in this diftrefs was not the prifoner at the bar. His figure was in many respects different from the prifoner's, and his accent alfo, as he spoke very fluent, good English, for a Scotiman; and as the prifoner was hardly able to exprefs himself at all in the English language. That he [Gillam] gave no orders for the foldiers to fire at the time of the fatal accident; and that he and juftice Ponton took every method in their power to prevent any mifchief enfuing from the outrageous behaviour of the rioters.

Herbert Thomas, Efq; was the next witnefs. He corroborated Mr. Gillam's evidence, with refpect to the Marfhal of the King's-bench applying to the juftices for affiftance, and confirmed the above account of the riotous behaviour of the mob, in feverely pelting the peace officers and foldiers; and added, that amongst the reft of their treasonable expreffions, one of the rioters deciared, It was the meft glorious time for a revolution that had ever been feen, or words to that effect.

Mr. Thomas, the Marfhal of the King's-bench, was next produced. He declared he had fuch ftrong reafons to be apprehenfive of the mob breaking open the prifon, that he had been obliged to apply for the affiftance of the peace-officers and foldiers to protect it.---That the mob threatened feveral times to pull it down, and fo lately as Sunday the 8th inftant, had behaved in a very riotous manner. ---That he had near 350 prifoners in his cuftody, who were confined for upwards of 200,000l. The rest of his evidence agreed with that of the two laft witneffes, in respect to the behaviour of the mob on the 10th of May.

W. Quare, conítable, depofed to the fame effect as Gillam, with regard to the paper. He faw Enfign Murray and the foldiers pursue the man in the red waistcoat ; in about twelve minutes afterwards they returned to the King's-bench, and Enfign Murray faid, One of our people has killed a man, on which a grenadier faid, It was a fad misfortune, and lamented having been guilty of fo fatal an acciThe witnefs thought the prifoner was not the man, as the grenadier was marked with the small-pox, and Maclane was not. Being asked, if he [the witnefs] never faid Maclane was the man? He answered in the negative.

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Phillips, conftable, declared, there were a great many ftones, &c. thrown at the foldiers and peace-officers on the 10th of May; that juftice Ponton faid, "We must not have the officers infulted though we are," and fent this witness with the foldiers to apprehend the fellow in the red waistcoat; that on the return of this witness to the King's-bench, he heard one of the foldiers fay, I bave killed a man by accident, but could not be certain whether the prisoner was, or was not the man, who made ufe of that expreffion.

Conftantine O'Neil, corporal in the third regiment of guards, was then called to give his teftimony. He faid, that on the 10th of May in the morning, he came into St. George's-fields, with the detachment of 100 men, commanded by Col. Beauclerck; that the mob, who were very numerous, received them with three huzzas, and when they [the foldiers] were ordered to prime and load, the people fcoffingly cried, No ball, No ball, and fwore, they would take the arms from the fol diers and kill them. That he frequently heard the treasonable expreffions uttered by the mob, No Wilkes, No K---; and that several foldiers were wounded by the ftones which were thrown. That during the pursuit of the man in the red waiftcoat, he heard Enfign Murray order the men not to fire upon any account; and that when the gun was difcharged at the cow-houfe, one Peter Mac Laughlin, a grenadier, faid, My piece went off by accident; which words the witness heard MacLaughlin repeat before the juftices, when they returned back to the detachment, and feveral times after. That Mac Laughlin had fince deferted.

On corporal O'Neil's crofs-examination, he faid, he did not remember that the prifoner was at all concerned in the purfuit, or near the cow-houfe; though he, [the witnefs] was fo much confused by the fatal accident, he could not pretend to be certain. That he did not examine Mac Laughlin's gun, though he heard there was a mufquet examined; nor did he fee any man turned out of the ranks, or fit under the King's-bench wall.

Samuel Ridgeway, hatman in the third regiment of guards, declared, That he was concerned in the purfuit of the fellow in the red waistcoat, and that the prifoner and he were not in the cow-houfe when the gun was fired, but food in the

yard;

jørd that Enfign Murray faid, Who fired that gun? to which one MacLaughli replied, Sit, my piece went off at the balf tock, and I bave killed a man; and at th fame time the witnefs faw the pan of his mufquet open. That he heard Mac Laughlin mention words to the fame purport the evening of the roth of May ; and alfo own the circumstance two days afterwards. This witnefs further declared, that he expoftulated with Mac Laughlin upon the injuftice of his fuffering the prifoner to be confined for an accident, which he [Mac Laughlin] only was the cause of; that Mac Laughlin bid the witnefs never mind it, for as the prifoner was innocent, he could come to no hurt or words to that effect., Ridgeway also faid, the reafon of the prifoner's piece being examined by Enfign Murray, was owing to his flint being fo long, that when it was upon the half cock, the cover of the pan would not shut down; that Enfign Murray reprimanded the prifoner for not having a proper flint, and threw the priming out of his pan; which circumftance the witness imagined caufed the mob, who were at a distance, to fix upon the prifoner, as the perfon who fired the gun; that the mob being very riotous, and pointing at Maclane, he was ordered out of the ranks, which the witness fuppofed, confirmed the people in the opinion, that the officers themfelves were fatisfied, he was the foldier by whom young Allen had been killed.

The next evidence was James Hyde, grenadier in the third regiment of guards, who fwore, That he was employed in the purfuit after the fellow with the red waistcoat, and when the grenadiers got to the cow-houfe, he [Hyde] and Mac Laughlin entered the door, Mac Laughlin firft and the witness after that he saw a young man in a red waistcoat at the other end of the cow houfe, and at that inftant Mac Laughlin's piece went off and the youth fell down; that he was very fure there was no other foldier within the cow-house but Mac Laughlin, whom he ftood close by at the time, and himself; he did not recollect feeing Maclane, the prifoner, among the purfuers at all, but faid, there was a conftable with them. That the intention of Mac Laughlin and himself was to take the young lad prifoner. That he heard no words fpoke in the cow-houfe; nor did he fee Okins, or any one else there but Mac Laughlin and the youth in the red waistcoat. That Mac Laughlin owned, it was his piece that went off, and he [the witness] faw him prime it a fhort time afterwards.

When cross-examined, Hyde was asked why he did not run up to the young man who was wounded, to affift him, it being natural to do so when fuch an accident had happened; he replied, he was in great confufion, and hurried back to the detachment, as faft as he could, and that he never heard Maclane was fufpected of killing the unfortunate young man that day, as he (the witness) left the field foon after with Captain Fouke's party.

William Cooper, grenadier in the third regiment of guards, was then examined, and declared, he was ordered upon the party to purfue the fellow, who had been fo remarkable for throwing ftones, &c. on the morning of the 10th of Mav in St. George's-fields; that fome of the foldiers got before the witnefs, and that just ∙as he came up to the gate of the cow-house he heard a gun diícharged; on which he ran in, and faw young Allen lying on the ground, and Mac Laughlin standing near him with his mufquet across his arm; that he then faw Brawn, and heard him fay, a murder was done, but does not recollect what reply was made to thefe words. He faw Mac Laughlin wipe his bayonet, which was foul from his mufquet having been fired.

When Cooper was on his cross-examination, he faid he could not tell whether Maclane, the prifoner, was upon the party that purfued or not, and that he faw young Allen fit upon the ground after he fell and untie his neckcloth.

James Earl, ferjeant in the third regiment, was the next witnefs who appeared the fubftance of his evidence was, that about half an hour after ten o'clock at night,, on the 10th of May, when Maciane, the prifoner, had been put upon the guard, he (Earl) was in the garden behind the Marshal's houfe at the King's-bench, in company with Mac Laughlin, who declared to him, that he (Mac Laughlin) was VOL. II.

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the man who had been fo unfortunate as to shoot young Allen; that it was done by accident, as his piece went off while it was on the half cock, and he hoped he fhould not be hurt.

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Charles Stewart, a ferjeant, and Purday, George Bruce, Jofeph Oddy, and Jofeph Swindall, private men, of the third regiment, all fwore to the fame effect. Whereupon the Jury withdrew, and having confulted together about an hour, returned into court, and found Maclane not guilty.

Such is the fubftance of this very remarkable and extraordinary Trial, which it is faid, is not to be printed by authority; but the Rev. Mr. Horne is preparing for the public a very circumftantial account of every particular, as well of what paffed in St. George's fields as at the Old Bailey and Guildford, which will doubtlefs be very deferving of every Englishman's perufal.

OBSERVATIONS.

MURTHER may pass unpunished for a time,
But tardy juftice will o'ertake the crime:
And oft a fpeedier pain the guilty feels;

The bue and cry of beaven pursues him at the beels.

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DRYDEN.

WHEN a man becomes a member of any particular political fociety, he gives up to that society the right of revenging any injury done to him as an individual. The higheft wrong a parent can fuffer, is the unmerited lofs of an affectionate and virtuous fon. This is the cafe of Mr. Allen, who has no more the comfort of an only ton of the greateft hopes. It was generally believed, that he was murdered by one Maclane, a Scottish foldier, of the third regiment. The father profecuted. Adminiftration undertook the defence of the foldier; the folicitor of the treasury, Mr. Nuthall, the deputy folicitor, Mr. Francis, and Mr. Barlow, of the Crown-office, attended the trial, and it is faid, paid the whole expence for the prifoner out of the The defence fet up was, that young Allen was not killed by Maclane, but by another Scottish foldier of the fame regiment, one Mac LaughJin, who confeffed it at the time to the justice, as the justice says, though he owns that he took no one step against a perfon, who declared himfelf a murderer in the moft exprefs terms to this magiftrate, fworn to adminifter the laws. The perfect innocence of the young man, as to the charge of being concerned in any riot or tumult, is univerfally acknowledged, and a more general good character is no where to be found. This Mac Laughlin foon made his efcape, therefore was a deferter as well as a murtherer; yet he has had a difcharge fent him, with an allowance of one fhilling a day, inftead of a proclamation iffued with a reward to apprehend him as a deferter and a murderer. If thefe facts are fairly stated, I ask if it is poffible for an administration to wound deeper the fundamental principles of all government; or to fhew more clearly that there is now no fecurity, under this fet of minifters, for the life of the fubject; and if a continuance of power, in fuch hands, does not threaten a diffolution of our body politic, and of this civil fociety?

AN

IMPARTIAL

REVIEW

OF NEW BOOKS, PAMPHLETS, &c.

The baftard child, or feast for the church-wardens, a dramatic. fatire of two acts, as it is acted every where within the bills of mortality. 6d. Serjeant.

Mere ribaldry!

The great probability of a north-west paffage, deduced from obfervations, in a letter from admiral De Fonte, with explanatory Maps, by Thomas Jefferys, geographer to the king: And an appendix, containing an account of the difcovery of part of the coaft and inland country of Labrador, the whole intended for the advancement of trade and commerce. Quarto 7s. 6d, sewed, Jefferys,

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I

T is much to be queftioned whether the author has proved the probability of a north-weft paffage, the authenticity of the letter from whence he has made his deductions, may be granted without admitting his conclufion. It is indeed a fupject worthy the confideration of every perfon interested in commerce, and to fuch we cannot fay that the prefent writer has offered any thing new or folid,

The chriftian warrior finishing his course. A fermon occasioned by the death of the reverend Mr. Jofeph Hart, preached at Jewin Street, by John Hughes, brother-in-law to Mr. Hart; with an oration at his interment, by Andrew Kinfman. 15. Millan, &c.

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HO' fraternal piety might have occafioned this effu ̄ fion of friendship, it does very little honour to the dead; but we avoid being more particular for fear of damaging the living; efpecially as the publication is intended for the benefit of the furviving family.

The court of Star-chamber or seat of oppression, 6d. Steare.

A

N attempt to prove, what all know, that this court, though erected by ftatute, was in oppofition to the establifhed laws of the land. What our author obferves, relating Bb 2

to

o liberty, royal and minifterial prerogative, and the liberty of the prefs, has been obferved a thousand times before, in a far better manner. He is mistaken in faying that this court

had no existence before Hen VII.

The fpeech of Mr. George Johnston, in the general court of proprietors of Eaf-India flock, upon the fubject of the reftitution for private laffes in the war against Coffim Ali Cawn.

Enfible, and pertinent! But neither elegant, nor unanfwerable.

A letter to the right honourable the earl of Hilfborough first lord of trade, and fecretary of State for the American department, on the neceffity of revoking the prohibition of commerce with Corfica, and for Jupplying the Corficans in order to protect our Italian, Turkey, and Spanifb trade, and to preferve the peace of Europe. 6d.

66

HEN we confider the perfon addreffed, we cannot help recollecting the old latin adage, Sus minervam" and when we confider the manner in which so important a fubject is treated, we cannot but exclaim with Horace,

Sumite materiam veftris, qui fcribitis, æquam viribus.”

Philofophical tranfactions, vol. Ivii. for the year 1767, 4to. 15s. 6d. Davis and Reymers.

A

Judicious collection, comprehending feveral articles not lefs rare, than of public utility!

The real antiquity and authority of the church of Rome, vindicated and proved from the fcriptures of truth &c. 8vo. Is .6d. Johnfon.

THE

HO' the title would incline one to think that this was the work of a true Roman Catholic, written in defence of the boasted antiquity of the church of Rome, nothing was farther from his thoughts; his attempt is to prove what has been done better before, that the church of Rome is antichrift; and the beaft mentioned in the Revelations. While the writer was thinking of one beaft, a group of other beafts crowded into his head, the authors of the critical review, whom he compares to Pharaoh's royal fociety, and beleaguers with all the acrimony they deferve; but not with fo much advantage, as fome writers would with him.

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