which he was marked. When witness afterwards saw the prisoner, his appearance agreed with this description. The prisoner was present when M'Kay's deposition was taken, and was distinctly identified by him as the man who had assaulted him. When M'Kay took the whip in his hand, he shuddered. The whip had been taken from the prisoner by the constables.

John Fyfe, messenger-at-arms in Aberdeen, related his apprehension of panel, who was found by him and Mr. Urquhart on a Sunday morning feeding cattle in a moss. He took him into his house, on pretence of seeing a citation to the circuit-court which panel had received as a witness; there made him prisoner, and demanded his whip, which panel hesitated to give him, till he threatened to search for it, when he gave it up. Witness allowed panel to shift himself; and observed in his chest a pocketbook, containing two one-pound notes, two five-shilling pieces, three half-crowns, and two and sixpence in silver in the book. The dress of the prisoner corresponded exactly with the description given of it by M'Kay. Witness brought the prisoner, along with the articles mentioned, to Lewis of Fyvie. Took him into the room where M'Kay was lying. There were several other persons in the room. Desired M'Kay to look round, and say if the man was there who had robbed him. He looked up, and, pointing to Allan, said, "O! Willie, how could you murder me? You might have asked my money, and I would have given it to you." Witness asked M'Kay, would he swear, as a dying man, that Allan had robbed him. He replied, "O yes, as a dying man." Prisoner heard this declaration. Witness

asked him what he had been struck with? He said, "with a whip with a brass head." He was then asked, if he should know it? He said he should. Witness handed it to him, and he grasped it very hard with both his hands, and, "Och! och !-that's my butcher." He was then asked, what money he had lost? He said a one-pound note; but he did not know of what bank. He said he had a five-shilling piece of his own, and Allan had another; and that on the road Allan wished to exchange with him, that he might have the two; but M'Kay had refused to exchange. He said he had some half-crowns, he thought three, and some shillings. Witness then showed M'Kay the money. He turned over the two notes, and pointed out one of the Dundee Union bank as being like his. He looked at the two large pieces, and after turning them in his hand, said, "Willie, that's your five-shilling piece and mine." During these proceedings, the panel, in reply to M'Kay, always said it could not be him; for he knew that he had been kind to him. M'Kay, in reply, said, "Och! och! you know very well it was you."

David Burnet.-Prisoner and he were in the service of Mr. Fyfe, cattle-dealer. In the end of August, went towards Falkirk, with the cattle, along with prisoner. Came one stage, to Leigh-lodge, with him, and breakfasted there. Prisoner asked witness to pay for the breakfast, because he had no money; and he paid threepence for him. Prisoner said he had 3 d., when he left Ellen-market. 28. from witness for watching on the road. He paid his maintenance out of it. His wages for watching were 1s. a night. They were 13 nights on the road to Falkirk. Saw

Prisoner got

the prisoner paid his wages, by Mr. Fyfe, at Falkirk. He got 1l. 17s. 6d. He was offered 21. and was asked to give in the change, but could not; and was then paid with a onepound note, a five-shilling piece, and other silver. Went with the prisoner afterwards as far as Cupar Angus. Did not see him have any other crown piece than the one he got from Mr. Fyfe.

(The prisoner had said, in his declaration, he got the two-pound notes found on him from Mr. Fyfe.)

Margaret Duguid, servant to William Barron, vintner, at Kirktown Daviot, proved that panel and deceased slept in one bed in her master's house on Friday night; described panel's dress and whip the same as other witnesses. They left Daviot a quarter before six on Saturday morning.

Jane Bruce, daughter of James Bruce, farmer, at Cowhill, on the road between Daviot and Fyvie. Saw two men pass her father's house, between seven and eight in the morning in question, one a young and the other an old man. The old man had a plaid like that shown her. They were going towards Fyvie. Described the young man's dress; it was like that shown her. He had a stick in one hand, and a whip in the other-like the whip in court. She afterwards saw a young man at Fyvie, a prisoner. She knew him to be the one she had seen in the morning. The prisoner was the man.

Jean Ironside, servant in Mains of Fyvie, saw the prisoner there on the day a man was hurt near Fyvie. It was between nine and ten o'clock in the morning. He was alone, and went towards Comieston.

Alexander Pratt saw the prisoner on the morning of the 17th of Sep

tember, about ten o'clock. He was alone, and walking quick, and had a big whip beneath his left arm. Prisoner said he had come from Meldrum that morning, and had got a dram when coming out of it. Old Meldrum is on the high road from Fyvie to Aberdeen. Prisoner went on the road.

The Jury, after being enclosed about 15 minutes, returned an unanimous verdict of Guilty.

He was then sentenced to be executed at Aberdeen on Friday, the 10th of February.

Jus

29. HIGH COURT OF TICIARY.-Case of the Comet.Their lordships met soon after nine o'clock, and proceeded to the consideration of a bill of suspension and liberation for Duncan M'Innes, late master of the Comet steam-boat, prisoner in the Tolbooth of Edinburgh, by virtue of a sentence pronounced by the judge of the High Court of Admiralty, on the 22nd inst.

The Lord Advocate stated, that he was about to save the Court some trouble by at once acknowledging, that he did consider the proceedings in this case liable to an objection of a technical nature, as touching the mode of making up the record, which would render it, in his opinion, not fitting for the public prosecutor to insist on sustaining the sentence against the pursuer. The libel set forth in the major proposition two crimes-the one culpable homicide -the other negligent steering of a steam-boat, by which lives were lost. Though these crimes were nearly of the same nature, yet the prosecutor having set them forth as separate crimes, was bound to hold them as such; and the indictment proceeded to say, not that the pursuers were guilty of

the said crimes, or one or other of them, but that they were guilty of the said crime actors or art and part;" thus leaving it uncertain which of the two crimes so set forth the prosecutor meant to charge them with.

The following judgment was then read by the clerk of court :

"The Lord Justice Clerk and Lords Commissioners of Justiciary, having considered the foregoing bill of suspension and liberation, and what is above represented in regard to the mode in which the record was made up, in respect that the Lord Advocate does not insist in maintaining the sentence of the Judge Admiral, suspend the sentence complained of simpliciter, and grant warrant to, and ordain the magistrates of Edinburgh and keepers of their Tolbooth, to set the said Duncan M'Innes at liberty."

M'Innes was liberated accordingly.

LIVERPOOL.-Colonial Imports of Liverpool, compared with those of the rest of Great Britain. Cotton Wool into Liverpool, year 1825, up to December 31, 703,352 bags.

Ditto, average five previous years, 468,200 bags.

Rest of Great Britain, year 1825, 111,210 bags. Ditto, average five previous years, 88,500 bags. Sugar into Liverpool, year 1825, up to Dec. 31, 100 chests; 3,200 boxes.

Ditto, average five previous years,

1,600 chests; 6,100 boxes. Rest of Great Britain, year 1825, 4,700 chests; 243,000 boxes. Ditto, average five previous years, 4,000 chests; 19,700 boxes. Coffee into Liverpool, year 1825, up to Dec. 31, 5,040 casks; 12,490 bags and barrels.

Jan.-Two men and two women, by hanging themselves.

Feb. One man, by hanging himself; and another, by cutting his throat.

March. One man, by hanging himself.

April. One woman, by throwing herself out of a window. May.-One woman, by taking poison.

June. One man, by hanging himself.

July.-One woman, by poison; another, by cutting her throat; and also one man, by poison. Aug.-One man, by cutting his throat, from jealousy. Sept.-One girl, and a man, by poison.

Oct.-One woman, by hanging herself; one man and one woman, by poison; and also one man, by shooting himself.

Nov.-One man, by taking poison.

Dec. Two men, by hanging themselves; and another, by cutting his throat.

HOUSE OF LORDS. Account of Appeals and Writs of Error remaining undecided and standing in the cause list as appointed, and not appointed for hearing:

Appeals. Heard in former sessions, but remaining undecided-4 Scotch, 2 English, 1 Irish. Deduct from above, decided in the present session; 1 Scotch, 2 English, 1 Irish. Remaining undecided, 3 Scotch.

Remaining on the list of last session, 1824, after deducting those not appointed for hearing-113 Scotch, 8 English, 27 Irish, 1 Welch.-Total 149.

Presented in the session 1825— 31 Scotch, 14 English, 11 Irish.Total 56; total on the list, 205.

Withdrawn-12 Scotch, 1 English, 1 Irish.-Total 14. Dismissed for want of prosecution-2 Scotch.

Struck out on Report from Appeal Committee-3 Scotch.

Heard-66 Scotch, 11 English, 11 Irish, 1 Welch.-Total 80. Decided-60 Scotch, 11 English, 9 Irish.-Total 80.

Remaining for Judgment-6 Scotch, 2 Irish, 1 Welsh-Total 9. Remaining for Hearing-61 Scotch, 10 English, 26 Irish.Total 97.