Perhaps that very hand, now pinion'd flat, I need not ask thee if that hand, when arm'd, Long after thy primeval race was run. Since first thy form was in this box extended, We have, above ground, seen some strange mutations New worlds have risen,-we have lost old nations; Didst thou not hear the pother o'er thy head, And shook the Pyramids with fear and wonder, If the tomb's secret may not be confess'd, The nature of thy private life unfold :— A heart has throbb'd beneath that leathern breast, Have children climb'd those knees, and kiss'd that face? Statue of flesh,-immortal of the dead! Posthumous man, who quits thy narrow bed, Thou wilt hear nothing till the Judgment morning, When the great trump shall thrill thee with its warning. Why should this worthless tegument endure, APPENDIX. No. I. TRIALS AND LAW PROCEEDINGS. CRIMINAL TRIALS. JAMES STUART, ESQ., YOUNGER OF DUNEARN, CHARGED WITH THE MURDER OF SIR ALEXANDER BOSWELL OF AUCHINLECK, BART., IN A DUEL. Before the High Court of Justiciary, at Edinburgh, June 10. THIS trial excited immense interest. At ten the pannel took his place at the bar, accompanied by his relatives, the Earl of Moray, Mr Erskine of Cardross, Captain Alexander Gordon of the Royal Navy, the Honourable Admiral Fleming, &c. &c. The Prince Czartorinski, Lord Belhaven, the Honourable Henry Fox, and several other persons of distinction, sat on the bench with the Judges. Their Lordships were all present except Lord Meadowbank. The Counsel for the Crown were, the Lord Advocate, the Solicitor-General, Duncan M'Neill, and Robert Dundas, Esquires; Agent, Adam Rolland, Esq. W. S.: For the pannel, Francis Jeffrey, James Moncrieff, J. A. Murray, Henry Cockburn, John Cuninghame, Thomas Maitland, and William Gibson, Esquires; Agent, Eneas M'Bean, Esq. W. S. The instance being called, The LORD JUSTICE-CLERK, as the presiding Judge, thus addressed the pannel: JAMES STUART, Pay attention to the indictment against you at the instance of his Majesty's Advocate, now to be read. The indictment or libel was then read over by the clerk, of which the following is a copy: "James Stuart, Clerk to the Signet, lately residing in Charlotte Street of Edinburgh, you are indicted and accused, at the instance of Sir William Rae of St Catharine's, Baronet, his Majesty's Advocate for his Majesty's interest; That albeit, by the laws of this and of every other well-governed realm, murder is a crime of a heinous nature, and severely punishable; yet true it is and of verity, that you the said James Stuart are guilty of the said crime, actor, or art and part: in so far as you the said James Stuart having conceived malice and ill-will against the late Sir Alexander Boswell of Auchinleck, Baronet, and having formed the unlawful design of challenging the said Sir Alexander Boswell, and others of the lieges, to fight a duel or duels, you did, upon the 9th, or one or other of the days of March 1822, in order to enable you the better to accomplish your said unlawful design, repair to Glasgow to obtain, through the medium of William Murray Borthwick, formerly one of the proprietors or printers of the newspaper called the Glasgow Sentinel, and then a prisoner in the gaol of Glasgow, the manuscripts of sundry articles which had been published in the said newspaper, and other papers and documents connected with said newspaper, which were then in the premises in Nelson Street of Glasgow, occupied by Robert Alexander, editor and proprietor of the said newspaper, and in the lawful possession and custody of the said Robert Alexander; and the said William Murray Borthwick having been liberated from gaol, as arranged and concerted by or with you, and having, on the 11th, or one or other of the days of the said month of March, carried, or caused to be carried away from the said premises in Nelson Street of Glasgow, sundry writings, the property, or in the lawful possession of the said Robert Alexander; and having brought, or caused to be brought, the said writings to the Tontine Inn or Hotel in Glasgow, where you then was, you did thereby obtain access to the said writings; and having found, or pretended to have found among them, some writings holograph of the said Sir Alexander Boswell, you did wickedly and maliciously challenge the said Sir Alexander Boswell to fight a duel with you; and a time and place of meeting having been concerted, you did, upon Tuesday, the 26th day of March 1822, or upon one or other of the days of that month, or of February immediately preceding, or of April immediately following, upon the farm of Balbarton, in the shire of Fife, a little to the northward of the road from the village of Auchtertool to the burgh of Kirkcaldy, and about three quarters of a mile or thereby distant from the said village of Auchtertool, in the said shire, wickedly and maliciously discharge at the said Sir Alexander Boswell a pistol loaded with ball, whereby the said Sir Alexander Boswell was mortally wounded, the ball having entered near the root of the neck on the right side, and shattered the collar-bone, of which mortal wound the said Sir Alexander Boswell died in the course of the next day, and was thus murdered by you the said James Stuart; And you the said James Stuart, conscious of your guilt in the premises, did abscond and flee from justice: And a letter, bearing to be dated Auchinleck, Nov. 7. 1821,' and to be subscribed Alexander Boswell;' as also a writing, entitled, Whig Song,' and addressed on the back, For Mr Alexander, SentinelOffice, Glasgow;' a letter or writing, bearing to be dated Dumbarton, December 17. 1821,' subscribed Ignotus' and a writing entitled, James Perry, Esq. late proprietor and editor of the Morning Chronicle,' and addressed on the back, Mr Alexander, Sentinel-Office, Glasgow,' being all to be used in evidence against you at your trial, will be lodged in due time in the |