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had become subservient to the will of the minister of the day: That the great body of the people are excluded from their elective franchise that a majority of your honourable House are returned to parliament by proprietors of rotten boroughs, the influence of the Treasury and a few other individuals; and that seats therein are bought and sold like tickets for the Opera."

Were these the words in the petition?—I think these identical words were in the petition which was forwarded to parliament, and ordered to lie on the table, I believe.

You remember being shewn this printed publication. You said M'Laren complained of the latter part of his speech being inserted because it was not in the manuscript ?—Yes, I did.

Say what part was not in the manuscript? I cannot say what were the words he spoke at the meeting. What he said to me was, that he concluded with a line of a play, and it was "to hell allegiance."

Mr. Clerk. Did he say that any part of the passage before that was not in his manuscript? -He just said the latter part of the sentence was not in the manuscript.

You said you had a conversation with him when he shewed his indictment, and that he complained as you have stated. Had you any other conversation with him on the subject than on that occasion ?-Perhaps there might be two or three, but to the same purpose.

Did he attempt to influence you as to what evidence you should give at this trial?-Neither of us considered I should be called on to give evidence. I did not know what he had spoken, nor about the selling of the pamphlets.

Lord Advocate. We have had a very eloquent petition read. By whom was it composed?-I do not know.

Did any member of the committee compose it? The committee for superintending the printing were appointed to compose it, namely, Thomas Baird, W. Finnie, W. Andrew, D. Andrew, and W. Webster.

They produced it to you as their own composition? It was produced and read at the meeting.

Did they say anything that led you to suppose that it was not their own composition ?—I do not think they did.

Did they not say from whom they got it? They did not. There was some amendment made upon it.

Upon your oath can you state that none of them said to you anything about the getting of the petition?-I heard nothing of it.

Did any member of the committee give you to understand they had not drawn up that petition, but got it from another quarter? It would be ridiculous for a man to speak posi tively to a thing he does not recollect of.

Hugh Wilson sworn.-Examined by
Mr. Drummond:

about the beginning of December?-I believe it might be about that time.

Who was the preses of the meeting?-Jamės Johnston.

Who made the first speech?-Alexander M'Laren.

Did you read an account of the speech ?— Yes.

Was it correct ?-I do not remember. Did it appear correct or incorrect, generally speaking?—Yes, it appeared correct. Did you see anything that was incorrect?I cannot say that I did.

Do you know where it was sold?—At Thomas Baird's.

[Pamphlet was handed to the witness.] Did you buy this copy in Baird's shop?Yes, I believe I did; I am certain I did. Do you see your subscription there?—Yes. Where did you write it?-In Mr. Brown's. Who was in the shop when you bought it ?— I do not recollect.

Lord Advocate.-Are there any booksellers in Kilmarnock?—Yes.

Hugh Wilson cross-examined by Mr. Grant for Alexander M'Laren.

What was the object of the meeting?-To consider the propriety of petitioning parliament for a reform.

Had the meeting any other object ?—None, that I know of.

Did any person recommend anything else? -Not that I heard.

Did you hear the panel M'Laren speak upon that occasion ?-Yes, I was there at the time, I heard part of his speech.

Was it a very stormy day ?-Very stormy. Was there hail?-Yes.

Were many umbrellas up?-A great number.

hail upon them so as to prevent you from Was any noise made by the pattering of the hearing? Yes.

Was every thing conducted in an orderly and peaceable manner?-Yes, they did.

Did you sign the petitions to the legislature? -Yes.

titions were?—No. Do you recollect what the terms of the pe

Are you well acquainted with the panel Alexander M'Laren ?—Yes.

him?-A great many years; five or six, or How long have you been acquainted with

better.

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Were you at a public meeting in Dean-park, know of.

Do you think you would probably have heard of it if the fact had been so ?-I think So.

Have you ever heard him talk of the measures of government?-Yes.

What way did he express himself?-He used to approve of the measures of government.

Did you ever hear any arguments between him and others on politics?-Yes, he took the government side.

Do you know of his having been a member of any military body?--I believe he served in the Local Militia, in the Rifle corps.

Did you look on him as a man of a seditious turn of mind, or as a friend to the government?-As a friend to the government.

Did you ever hear any imputation to the contrary cast on him?—I do not remember, ever hearing any.

Do you know any thing about his objecting to his speech being printed?-No.

Lord Advocate.-Do you know who drew the petition?-No.

Did you ever read it?—Yes.

David Bow sworn.-Examined by
Mr. Drummond.

What is Mr. Baird?-He has a grocer's shop.

Were the pamphlets sold at Mr. Baird's shop?-Yes.

Many of them?-Many. I could not say as to the number.

Some dozens?-Yes; some dozens.
Fifty copies?-I believe there might.
What were they sold for?-Fourpence each.

David Bow cross-examined by Mr. Jeffrey
for Thomas Baird.

Do you know if they were sold any where else?--Yes.

Lord Advocate.-Where?-Different persons of the committee got them.

Mention who got them?-Mr. Finnie, Mr. Johnstone.

How do you know that?-Because I saw them given away. They were given to be sold by Mr. Baird.

Besides those given to the members of the committee, several dozens were sold in your shop?-Yes.

James Samson, sworn,- Examined by
Mr. Drummond.

[The pamphlet was handed to the witness.]

Have you seen this pamphlet?—Yes.

Have you seen in it the statement of a speech said to have been made by you?--Yes. Have you read it? Is it a fair account of what you said?-It is near about it.

Did you compose the speech yourself?— No.

Where did you get it?-From Mr. Baird.
Before the meeting?—Yes.

Did you speak or read it?—I read it.

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Declaration of Alexander M'Laren.

At Kilmarnock, the 26th day of February in the year 1817, in presence of William Eaton, Esq. Sheriff-substitute of Ayrshire, appeared Alexander M'Laren, weaver in Kilmarnock; who being examined, declares, That he is a native of Perthshire, and in April next he has been eight years in Kilmarnock. Declares, That there was a public meeting held at the Dean Park, near Kilmarnock, on the 7th of December last: That that meeting was for the purpose of petitioning Parliament for a reform of grievances. Declares, That previous to that meeting there was a comImittee of certain individuals in Kilmarnock, for the purpose of bringing about the said meeting: That the declarant at-' tended that committee, and David Ramsay Andrews, writer in Kilmarnock, Thomas Baird and Andrew Finnie, merchants there, also attended that meeting, and the declarant has reason to suppose they were members of it as well as himself. Declares, That the declarant first appeared on the hustings and opened the meeting; and being shewn an "Account of the Proceedings of the Public Meeting of the Burgesses and Inhabitants of the town of Kilmarnock," and wherein is engrossed, on part of the fifth page, sixth, and part of the seventh page, what the declarant said at opening the above meeting. Declares, That the declarant has perused said speech, and it is near what the declarant said on the above occasion, except what is said about the middle of the seventh page about allegiance, which the declarant thinks he did not deliver in the words as expressed in the publication. Declares, That on the morning of the above meeting, the declarant put into writing what he must say at the opening of the meeting: That he afterwards gave his part of the manuscript to those who were appointed by the committee to superintend the printing of the proceedings, that the same might be published along with the rest. Declares, That James Johnstone, muslin agent in the Waterside of

Kilmarnock, was called to the chair, and on that occasion he made a speech, which was much approved of by those present. Declares, That the resolutions, as engrossed in said publication, are the same that were read at the public meeting, and the manuscript was read to the committee, previous to the meeting, by Thomas Baird, merchant in Kilmarnock, one of the members. Declares, That Hugh Crawford, printer in Kilmarnock, was employed to print the proceedings of the meeting, which were afterwards sold at fourpence a-piece, to enable the committee to defray the expenses. Declares, That the declarant attended a meeting of the committee, when those who spoke gave in their imanuscripts for printing, and the declarant thinks the foresaid Thomas Baird was present: That a committee was appointed to superintend the printing, and the said Thomas Baird and Andrew Finnie were of that committee. And being shewn the printed report before mentioned, declares, That he heard none of the authors find fault with any thing that is therein contained; and the said publication is doqueted and signed by the declarant and Sheriff as relative hereto. Declares, That the words on the sixth page, "The fact is, we are ruled by men only solicitous for their own aggrandizement, and they care no farther for the great body of the people than they are subservient to their accursed purposes," were in the manuscript wrote by the declarant, but were not repeated by him at the public meeting when on the hustings as above. And the foregoing declaration being distinctly read over, he declares that it contains the truth. In witness, &c. &c.

Declaration of Thomas Baird.

At Kilmarnock, the 26th day of February in the year 1817, in presence of William Eaton, Esq. Sheriff-substitute of Ayrshire, appeared Thomas Baird, merchant in Kilmarnock; who being examined, declares, That there was a meeting of several persons in the town of Kilmarnock in the month of November last, for the purpose of taking into consideration whether or not there should be a general meeting for the purpose of petitioning the Prince Regent and both Houses of Parliament for a reform: That the declarant was preses of the first meeting only: That there were several after meetings, some of which the declarant attended, and the 7th of December last was fixed for a general meeting at the Dean Park: That the declarant attended that meeting, and Alexander M'Laren, weaver in Kilmarnock, mounted the hustings, and opened the meeting with a speech: That James Johnstone, muslin agent in Kilmarnock, was called to the chair, and read a speech to the meeting

from a memorandum book. And being shown a manuscript consisting of nineteen pages, declares, That he is pretty certain that it is the same that he read to the meeting, and which the declarant

saw

some days afterwards in Walter Andrew's office, and which is doqueted and signed as relative hereto. Declares, That the proceedings were ordered to be printed, and the declarant was appointed by the committee, along with several others, to superintend the printing: That the declarant assisted in correcting the grammatical errors in the Manuscript, along with the said Walter Andrew, and the declarant assisted a little at the printing-office in correcting the proof copy. And being shown a half-sheet of paper, titled on the back "No. 5. Mr. Burt's letter," declares, That said words are of the declarant's hand-writing, and the said half-sheet of paper was given in by the declarant to the printer, along with the rest of the manuscripts; and said halfsheet of paper is doqueted and signed by the declarant and sheriff-substitute as relative hereto. Declares, That the proceedings of said meeting were printed by Hugh Crawford, and a great number of copies were sent to the declarant's shop, and he retailed them at fourpence a-piece; and being shown a copy of the publication, declares, That it is a copy of the proceedings which were published and circulated as above, and is doqueted and signed as relative hereto; all which he declares to be true. In witness whereof, &c. &c.

EVIDENCE IN EXCULPATION.

James Samson sworn.-Examined by
Mr. Grant.

You remember a public meeting at Kilmarnock last December. Was it for the purpose of petitioning parliament? or what was the object?-To petition parliament.

Were you a member of any committee regarding that meeting ?-Yes.

Are you well acquainted with the objects of those who were concerned in that meeting ?— I know as to any meetings I was at of the committee, what I heard there.

What was its object then?-Entirely to petition parliament.

Do you know who were proposed to open the business of the meeting by a speech?— Different persons.

Do you remember any of their names?—I could not say I entirely recollect, except him that did it; but I know that others were proposed.

At what time was it proposed that Mr. M'Laren should open the meeting?-About a week before the meeting took place.

Did he accept readily the office of opening the meeting ?-He did not.

Did he object to doing it?—Yes.
Did he suggest any one else to do it? Opposition side?—Yes.
Yes.

take? Did he oppose those that were on the

Whom?-Mr. Blackwood.

Did he suggest any other person?—He was for imposing it on me.

Did you consent to do it ?-No.

What was the last time he urged you? About an hour before the meeting took place.

Did he state he was prepared or unprepared ?--I did not know that he had anything prepared; but he said he was not a fit hand

for it.

It was on your refusal that he undertook the office himself?—Yes.

What was the object of the petition? What was it about?-To obtain a reform in parlia

ment.

Was there any conversation as to what was to be done in case the petitions were not as sented to ?—Yes.

What was to be done?-To petition again. Did you hear Mr. M'Laren make his speech?-I was present and heard some of it, but I did not hear it distinctly.

From what cause?-One reason was, that I was behind him, and the wind carried the sound of his voice to the other side; and as I knew I had to read a speech myself, I was a little agitated.

From the general import of the speech, did you gather its purpose was, to excite riot and disturbance, or to induce people to come forward to sign this petition ?-The latter.

Do you know that petitions were proposed? -Not then. The resolutions were read and approved of, and the petitions were to be according to the spirit of these resolutions.

What steps were taken for preparing the petitions?—I could not say positively about

that.

Did you sign any petitions?—Yes.
How many?--Three, I think.

To whom were they addressed ?-To the Prince Regent, the House of Lords, and the House of Commons.

Do you know whether they were forwarded? -I believe they were.

Were you ever molested in consequence of having signed any of these petitions ?—No. . Did you ever hear of any one being molested? No.

Have you known Mr. M'Laren a long time? -A considerable tiine.

In your opinion what was his character as to quietness of demeanor and loyalty?—He was regarded as one of the loyalest men where he lived previous to this charge of sedition.

Have you ever conversed with him on political questions?-Sometimes about the doors; and I have heard him dispute with others, and support the side of administration.

How long ago is it since you heard him express his opinion on such subjects?-More than a year since..

In disputing with others what side did he

Was he a man given to riotous proceedings, or was he industrious at his business, and quiet in his conduct?-He was industrious at his business, and quiet in his conduct.

Was he ever connected with any society, except this committee?—No, never.

Is he a sober man, or is he given to company and liquor?—Not that I know of; he is a sober man.

Were you present at the committee when there was a talk of printing the proceedings?—

Yes.

Did you see, or hear read before the committee, a manuscript purporting to be a speech of Mr. M'Laren? It was not at that committee I think; it was at a previous one.

There was a subsequent committee?—Yes. And you heard read over what purported to be a speech of Mr. M'Laren ?—Yes. [The pamphlet was handed to the witness.] Did you ever read this publication?—Yes. Do you recollect a passage in the printed speech about allegiance?—I could not say; I think so.

Look at these words. Do you remember hearing the manuscript read? and do you recollect in it the words at the end about allegiance, and so on, which are now in that printed paper?-I could not say they were there.

Can you say they were not there ?-They were not there, I think, when he delivered the paper.

Say what was not there?-I think the two or three last lines were not in the manuscript: "Yes, my fellow countrymen, in such a case, to with our allegiance."

Do you recollect the appearance of the manuscript?-I think it was folded in a narrow strip like a sheet folded over again. It had been folded, I think, before it was written on.

Was the paper folded thus?-[A sheet of foolscap paper shown to the witness folded in octavo.]-Yes, it was folded in that manner. Was it written bookwise?—Yes, I think

so.

I do not ask you who did what I am going to mention, but did any body at that committee, not Mr. M'Laren, make any pencil marking on that paper?-Yes, I think they did. It was not Mr. M'Laren.

Do you know what these marks were?-I did not see the marks.

Did you hear any person read the alteration made by the marks?—Yes.

Was this correction immediately read?— Yes.

Did the person who read that correction read it as a correction he had made with these pencil marks?—I think he did.

What was the purport of that correction?It is now at the end of this printed speech. You signed the petition to the House of

Commons: should you know the purport of it if you saw it?—I think I should.

Look at that? [page 82, of the printed votes of the House of Commons.]-I cannot recollect every word or sentence. I think that is the petition. I see sentences that were there.

You recollect the words where you see a X? -I could not say positively.

Do you recollect any of them?-One part about" indemnity for the past" in the sentence -[The passage which Mr. Grant read was pointed out to the witness.]

Do you remember that passage?—I cannot remember it.

James Samson' cross-examined by the
Lord Advocate.

Who were present when these pencil marks were made on the manuscript speech?—I for

one.

I suppose so. Who more?-John Kennedy.

That is two. Any more?-Archibald Craig. That is three. Who else was there?-I do not recollect any.

may state the import of them in the address to the jury; but they cannot be put in here in evidence.

made to me of a wish that the trial should Lord Advocate.-If any statement had been have been delayed, I would have willingly conceded the delay.

Mr. Grant.—The thing was not thought of sufficient importance, and the mistake did not appear till last night.

Mr. Clerk. Your lordships have heard some evidence which shows that the meeting was for the purpose of petitioning the Regent and the two Houses of Parliament. And you have heard that a petition was forwarded to the House of Commons; and reference has been made to a paper, which we state to be a copy of the printed votes of that house.* We wish to produce evidence of this, and of some others of the same description, for the purpose of showing what sort of language is permitted to it is for our plea to show you what language it that House. I need not state how necessary is lawful to use in such cases. In preparing the petitions, and in debates on the subject,

Do you say there were more present?- such language must of course also be permit

There were others.

Let us hear the names of some more of them?
-Mr. Baird was there.

Was M'Laren ?-He was there.

Was it by any of those you have named that the pencil marking was made?—Yes. Which of them?-Mr. Baird.

You have the book lying before you, tell us what was altered? The latter clauses or clause.

Was any thing put in or left out?-It was put in the manuscript by Mr. Baird.

Did he give his reason for putting it in ?— Yes; because the manuscript delivered was not complete according to the way in which the speech was spoken, and therefore Mr. Baird put it in.

Did Mr. M'Laren make any objections to this alteration?-I did not hear.

Mr. Grant. We would have brought several witnesses in addition to those for the crown, to testify as to the character of the prisoner M'Laren; and it is my duty to inform you of a mistake by which we have been deprived of this opportunity. The letters of exculpation, with instructions to cite witnesses to prove the good character of the prisoner M'Laren, were, by a mistake of the proprietors of the coach at Kilmarnock, forwarded to a person of the same name as that on the address on the parcel in a different town, and not returned till the night of Thursday before the trial, which circumstance we are in condition to prove to your lordships; and we have therefore nothing we can legally produce in addition to the testimony given of their characters. But we have certificates which your lordships may perhaps allow to be read.

ted. We can have the productions proved by Mr. Grant.

Lord Advocate.-I think it competent to object to these productions, and to the evidence proposed to be brought as to the accuracy of them.

Mr. Clerk. Do you admit them?

Lord Advocate.-I have not read them, and I know nothing of them.

Lord Justice Clerk.—The lord advocate only admits that it is the practice to print votes of have the appearance of being copies. It is the House, and that these offered in evidence

not usual to call on counsel to be evidence in the trial. As an agent for the prisoners could not be admitted as evidence, I think it would be better to call on some other person than Mr. Grant. I observe a noble lord present whose testimony might be given.

Lord Gillies.-Mr. Grant can be examined as a haver.

Lord Advocate.-I go so far as to say that I have no reason to doubt the genuineness of the copies.

Mr. Clerk. I conceive you have been in the use to receive papers from agents, and to examine them as havers of these papers. An agent does not give parole evidence in the

* Even the printed Journals are not, in England, evidence. 8 How. Mod. St. Tr. 685; 1 Phil. Ev. 406.

of the counsel for the panel M'Laren; he was + Mr. Grant the proposed witness, was one at the time of this trial a member of the House

Lord Justice Clerk,-Not at present; you of Commons,

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