"The Lord Justice Clerk and lords commissioners of justiciary having considered the criminal indictment, raised and pursued at the instance of his majesty's advocate, for his majesty's interest, against Alexander M'Laren and Thomas Baird, panels, they find the indictment relevant to infer the pains of law; but allow the panels, and each of them, to prove all facts and circumstances that may tend to exculpate them, or either of them, or alleviate their guilt, and remit the panels, with the indictment as found relevant, to the knowledge of an assize.

But this panel is not only accused of expressing himself in this seditious manner while in the heat of addressing his audience, but he is also said to have delivered up the MS. of his speech in order to be printed. If this be proved, then not only did he use seditious language in the heat of his address, for which he might have been in a certain degree excusable, if momentarily not master of himself, but he afterwards did the utmost in his power to circulate this sedition. It was not likely that the speech would be heard of beyond the place where it was delivered, without some effort were used to disseminate it, but he shewed his anxiety to obtain for it a wider circulation.

The indictment is clearly relevant as to M'Laren. It is likewise so as to Baird. Ile was present at the meeting. I do not say the purpose of the meeting was illegal. Baird becanie the trumpet of that meeting, and is said to have circulated an account of this very speech, which is charged as having been delivered by M'Laren. If the public prosecutor proves his averments, he makes out that a direct attack was made on the legislature, and in strong terms on the House of Commons. "No nobleman-no clergyman-no naval or military officer-in short, none who held places, or received pensions from government, had any right to sit in that House." And again, "Is it any wonder, my friends, that this country is brought to its present unprecedented state of misery, when the rights of the people have been thus wantonly violated?" And in another place it is said, "we have these twentyfive years been condemned to incessant and unparalleled slavery, by a usurped oligarchy, who pretend to be our guardians and representatives, while, in fact, they are nothing but our inflexible and determined enemies."-" They have robbed us of our money, deprived us of our friends, violated our rights, and abused our privileges."-" At present we have no representatives; they are only nominal, not real; active only in prosecuting their own designs, and at the same time telling us that they are agreeable to our wishes." If this is not a direct attack on a branch of the legislature, I do not know what can be an attack on it.

"D. BOYLE, I. P. D."

The following persons were then named to
pass upon the assize of the panels.
James Watson, of Saughton.
John Dodds, farmer at Saughton Mill.
John Drysdale farmer, Clermiston.
David Pringle, of Blegbie.
John Stewart, of Binny.

John Calder, farmer at Drumcross.
John Russel, farmer at Mosside.
William Marshall, jeweller, South Bridge,
Edinburgh.

Archibald M'Kinlay, haberdasher in Edinburgh.
John Barter, confectioner there.
James Howden, jeweller there.
William Kennedy, glover there.
William Lindsay, wine-merchant, Leith.
John Gowan, wood-merchant there.
James Stoddart, wine-merchant, Edinburgh.

Lord Justice Clerk.-Are the declarations of the prisoners admitted ?

Mr. Clerk.-Yes, my lord.

EVIDENCE FOR THE CROWN.

Andrew Finnie sworn.-Examined by
Mr. Drummond.

You are a merchant in Kilmarnock ?—Yes. Do you know the Dean Park in the vicinity of Kilmarnock ?—I do.

How far is it from Kilmarnock ?-About half a mile.

Do you remember that a public meeting was held at the Dean park on the 7th of Dec. last?-I do.

A great number of the lower orders?Yes.

Do you remember that speeches were made at that meeting? Yes.

Who opened the business?-Alexander M'Laren.

Is that the person there?-It is.
He made a speech?—Yes.

What was the speech about, sir?-About the business that the meeting was called for, which was for the purpose of deliberating on the best mode of petitioning for parliamentary

reform.

Do you remember any part of his speech, any of the words that he used?-Nothing par ticular, except one passage near the end.

Repeat the passage as near as you remember it?" We will lay our petitions at the foot of the throne (or let us lay, I do not remember exactly which), where sits our august prince,

whose generous nature will incline his ear to hear the cries of his people, which he is bound to do by the constitutional laws of the country; and we are thereby bound to give him our allegiance. But if he should be so infatuated as to turn a deaf ear to the general cries of his people (or voice of his people, I do not know which), to hell with allegiance."

Is that the whole of the passage?—The whole of the passage, as far as I recollect.

Lord Advocate.-I wish to know whether M'Laren in his speech stated that a number of resolutions had been drawn up by the committee, which were about to be read-Yes, about the close of his speech, after the expression I alluded to, I think.

Mr. Drummond.-Did he recommend any body to be called to the chair of the meeting? -He said the committee unanimously recom

mended Mr. Johnstone.

And did he propose him to be elected to the chair?--Yes, I understood so.

He was called to the chair?- He was called to the chair.

Did you see Mr. Johnstone in the other room to-day-I did.

Did you ever see a printed account of M'Laren's speech?—Yes.

Was it in an account of the proceedings of the meeting?-In a pamphlet.

Is that the pamphlet?

[The pamphlet was handed to the witness.] That is one of them.

The rest are the same?-I understood so. Did you read M'Laren's speech?—Yes. Did it appear the same as that delivered at the meeting?-No; there was a difference particularly as to that passage.

Lord Justice Clerk.-You mean the passage in reference to allegiance?-Yes, my lord.

Mr. Drummond-Will you point out to us particularly what is the difference between that printed passage and what he said?—There is one part which I think is omitted.

What is that?" And we are thereby bound to give him our allegiance."

Do you observe any other difference?-1 think that instead of "to their just petition," he said, " to the general cries or voice of his people."

Mr. Drummond.-The witness did not hear the words "he has forfeited that allegiance." Witness.-That is what I meant to say. "To hell with allegiance," is all that I heard at the meeting.

phlet ?-I was appointed to a charge about Had you any charge as to printing that pamthe printing, but I never acted to it.

Who had the charge along with you?-Mr. Baird.

And who else ?-Mr. Walter Andrew.
A writer?-Yes.

You took no charge though you were appointed to superintend the printing?-I was appointed, but never was at the meeting called for the purpose.

How were you appointed to that charge?— By the committee.

Was Baird a member of the committee?He was.

Do you know who printed the statement of the proceedings?-It was given in to Mr. Crawford, I understood.

Mr. Drummond.-Were you ever present at the printing?—I was, in Crawford's shop.

Did you ever get any copies of the printed statement from Crawford ?-I did get from Crawford printed copies.

Court.-Did you buy them ?-I was to pay for them.

Lord Hermand-Then you did buy them? -I did not buy them particularly.

Mr. Drummond.-Do you know whether Baird sold any of them?-He did.

Did Baird ever tell you so?-He said he got quit of them; but he did not say he sold them.

Did he say he got quit of them all?-He

said so.

Did he ever get any from you?-About four dozen.

They were of those you got from Crawford? -They were.

Did you give him all you had?-No, I had eleven or thereby left.

Had you any conversation afterwards with certain if I had. I do not recollect at present Baird about those remaining?-I am not

if I had.

What did you ask?- We asked if any of the pamphlets were ready.

Which of you asked?—I am not certain. You both went for that purpose?—Yes. Andrew Finnie cross-examined by Mr. Jeffrey for Thomas Baird.

You have mentioned that you two were both members of the committee for arranging about this meeting?-Yes.

Were there many other members ?-From 20 to 30, I think.

These were constituted before the meeting was held?-Part. There were more added afterwards.

Was any notice given to the magistrates about the meeting?-Mr. Baird and I were nominated to call upon the magistrates, to inform them of the meeting.

You went?-I did not. Mr. Baird said, he went.

Did he report that the magistrates had no
objections to the meeting ?—He did.
There was no interference of the magistrates?
-None.

Were you present at the meeting?—Yes.
Was Mr. Baird there?-He was.
Did he speak?-No.

Did you hear him make any remarks expressing satisfaction or dissatisfaction on what was said?-I heard him make a remark about the passage I was talking of in Alexander M'Laren's speech concerning allegiance. What did he say?—He said it was a pity it had been spoken.

He disapproved of it ?—Yes.

You said, you, Mr. Andrew, and Mr. Baird, were appointed to take charge of the printing of an account of the proceedings?—Yes.

Was any motive alleged for the printing? It was for defraying the expenses attending the meeting.

Was there any discussion at the meeting of the committee about the propriety or impropriety of printing the whole of what had been so stated at the public meeting?—Yes, there was.

Did any body object to the printing at all? -I think two were not for printing at all; Mr. Johnston, and Alexander M'Laren.

Was M'Laren a member of the committee? -Yes.

Did Mr. Baird take any part in that discussion?-I do not remember that he did. Was there any discussion about the propriety of printing certain parts?—Yes.

Did Mr. Baird take any part in that discussion?-He did.

Was he for printing all the words?—No, he

was not.

What words did he object to, or what pas

speech.

What did he say as to that passage?That he would be inclined to keep it out altogether.

Did he say any thing else about it?—I do not remember particularly any thing else he said.

Was that proposition of his adopted by the committee or not?-No; it was not.

Did it appear to you, that Mr. Baird approved or not of that passage?-He disapproved of that passage, and wished it to be left

out.

Did you understand that all the members of the committee were to take copies of this statement, to forward the sale of it, and to account for the 4d. for each copy?—Yes; the committee were at liberty to get what number they wanted, for the purpose of defraying the expenses.

Did they all get copies?-I do not know who did and who did not.

Mr. Baird keeps a shop?—Yes.

Did all the members of the committee keep shops?-No.

What kind of a shop is Mr. Baird's?-A grocer's shop.

Has there been any other general meeting since this in Dean Park?-None that I know of.

Certain resolutions were adopted which are to be found in the printed statement, and peti tions to parliament were, in conformity to them, prepared and forwarded ?—Yes.

Was there any disturbance or tumult at Kilmarnock since that date?—I do not recollect of any.

Do you recollect any disturbance recently before that, a riot about meal?—Yes.

Before the public meeting took place, about autumn?—Yes; I do not know the exact time when it was.

Lord Advocate.-You said that Baird disapproved of printing the passage about allegiance: do you remember whether M'Laren said any thing, and what did he state about that passage? -I think he said, that if the committee thought there was any thing wrong, he would rather it were kept out altogether.

That was as to the passage in his own speech? -Yes.

When Mr. Baird objected to printing the passage, did he state his reasons why he thought it an improper passage to be printed?

The reason was not stated there, that I remember; but when he and I were talking of it by ourselves.

And what did he say ?--He said to me it was a very indecent expression.

He stated nothing to the committee of his reasons?-Not that I remember. Andrew Finnie cross-examined by Mr. Grunt for Alexander McLaren.

I ask the witness to look at the printed

speech, and find these words, "The fact is, we are ruled by men only solicitous for their own aggrandisement"?-I see them.

Were these words spoken?-I do not remember.

"And they care no further for the great body of the people, than they are subservient to their accursed purposes." Was that spoken? I do not remember. I paid almost no attention to any part of the speech, except that about allegiance.

How did it happen that you remember that passage so particularly, and none of the rest of the speech?-It struck me particularly.

Then you do not mean to pronounce an opinion as to any thing that was uttered by M'Laren, except the passage about allegiance? -No.

Do you remember what passed about the opening of this meeting? who asked M'Laren to open it?-I do not remember who asked him.

Did he volunteer, or was he requested to open the meeting?—He was backward to open the meeting.

And he was asked by the committee?-He was asked by the committee.

When was he asked?-At a meeting of the committee.

Lord Advocate.-How many days before the meeting? I am not certain.

It was some days?—It was some days, I

think.

Mr. Clerk. Are you sure it was some days before the meeting?-I am certain; for immediately or the night before the meeting, he said he was in doubts whether he would do it

or not.

Did you use any particular means to keep the passage about allegiance in your recollection?-It struck me so forcibly at the time, the language was so strong, I kept it in my memory.

You mentioned other passages. What part of the passage do you allude to just now? Did you consider the whole passage strong?--The word hell struck me. That was the particular, part I thought was wrong. I did not consider any thing wrong in the rest of it at the time. Did you write down the passage?—No. Are you quite confident of your recollection of the whole of the passage?-I am quite confident it was very near to what I repeated. Whether the words, " cries," or " voice," were used, as I said before, I am not sure of; but I am confident as to the rest of the passage.'

Lord Advocate.-At the meeting, had M'Laren any paper with him?-I saw none.

Did you ever see any paper with his speech on it? Never.

Did you ever hear him speak of the terms of it after it was printed?-I recollect of him saying repeatedly, that the passage about allegiance was a quotation from Shakespeare which came into his mind.

Was it at the

When did he first say that meeting of the committee ?--I do not recollect of his ever saying that at the committee; but I have heard him repeatedly say so.

William Merrie sworn.-Examined by
Mr. Drummond.

Are you a writer in Kilmarnock?—Yes. Do you remember being at a public meeting held near Kilmarnock on the 7th December last? Yes.

Do you remember the speeches made at that meeting ?-Part of them.

Who made the first speech? Alexander M'Laren.

Is that the man behind me?—Yes. Do you remember any part of his speech?― Very little of it.

Do you remember any words near the conclusion of it?—Yes.

Can you repeat them?-The hind most part of it was, "hell with," or "for such allegiance."

What allegiance was that he was speaking about?-If I remember right, he was wishing the people to address their august sovereign; and he meant their allegiance to him.

Did he give any reason why this allegiance was to go to hell?

Mr. Clerk. He has not said that.

pression to such allegiance? What did he say? If I remember right, it was, "if he turned a deaf ear to the voice of his people."

Mr. Drummond.—Why did he apply the ex

Did he say any thing about petitioning?— Yes, he wished the people to petition their august sovereign.

What more do you say of this speech ?—I do not remember more.

Lord Hermand. He has explained enough I think.

Mr. Drummond.-Do you remember any other part of his speech ?—No.

Did he use any words to shew what his meaning was when he spoke of the voice of the people?—Not that I remember of.

Lord Advocate.-You said he wished the people to address their august sovereign; and then you stated he said, "if he turned a deaf ear to the voice of his people." Did he add any thing?-I do not remember whether he added any thing or not.

After he used the words, "if he turned a deaf ear to the voice of his people," did he say any thing or not about "to hell with such allegiance?"-That came afterwards.

Lord Hermand.-Did he mention in what the voice of the people was to be expressway ed?—No, he wished the people to petition.

Lord Advocate.-Did you, after this meeting, see a publication called "Account of the Proceedings of the Public Meeting of the burgesses and inhabitants of the town of Kilmar

Do you remember a meeting held in December last in the neighbourhood of that town? -Yes.

nock, held on the 7th December 1816, for the purpose of deliberating on the most proper method of remedying the present distresses of the country, with a full report of the speeches on that occasion"?-I never saw it, except one day lying on the table before the sheriff. William Merrie cross-examined by Mr. Grant. Do you know what was the purpose of the meeting?-It was for the purpose of petitioning the sovereign.

Do you know, if in point of fact, petitions were drawn up and signed by the persons who were at the meeting?-I could not say.

Did you sign any of the petitions yourself? -No.

Did you understand from what passed, that it was the intention of M'Laren to induce the people, and you as one of them, to petition the legislature, or to excite violence and disturb

ance?

Lord Advocate.-I object to this question.

Lord Justice Clerk.-The understanding or opinion of any witness is not to be listened to in evidence.

Mr. Grant.-What did you collect to be the object of M'Laren's speech?

Lord Advocate.-If this course of examination go on, there can be no objection to my re-examining the witness. I did not finish my examination of him, but on the idea that I could not put such questions.

Mr. Clerk. We have put a question, and we should not be interrupted. The lord advocate puts in his claim to put such questions. But he must not interrupt us in order to make an examination himself.

Court. He has no such intention.

Mr. Grant.-I put this other question: In point of fact, did this speech excite the people to commotion or disturbance ?—No.

There was none upon that occasion ?— None.

Was it the tendency of M'Laren's speech, from what you observed, and from what passed, to create commotion or disturbance, or to induce petitions to be sent to the Prince Regent and the two houses of parliament ?-It was to induce the people to petition the Prince Regent and the two houses of parliament.

Was a MS. account of the proceedings at that meeting afterwards brought to you to be printed?-Part of it.

Did you attend the meeting?—No.
Look at that?

[Pamphlet handed to the witness.] That was printed in my office. Who brought it?-The part I saw was brought by David Andrew, I think.

Was any body in company with him?-I think not.

Court. Has Andrew any more names than one?—I do not know.

Mr. Solicitor General.-Did you see him in the other room to-day ?—I did.

Who attended the press while this MS. was printed?-I did not see, as the printing-office is at a distance from the shop, and I was only occasionally there.

Did Thomas Baird attend the printing?—I think I saw him once or twice; I am certain

once.

Are you able to say whether this publication is a true copy of the MS. that was brought to you ?—I cannot say.

Who printed it?-Thomas Murray, a man whom I employ.

Have you been paid for the printing?-No. Who is to pay you?-The persons who employed me.

Who are they?—I look to Mr. David Andrew, Mr. Andrew Finnie, and Mr. Baird.

Lord Advocate.-What was done with the publication after the printing?-Copies were taken from me in quantities: Mr. Baird got a quantity, and Mr. Finnie and others got quantities.

Mr. Solicitor General.-How many copies were printed?-About 400 I think.

How many did Baird get?—I cannot say. Can you say about what number ?-There might be four, five, or six dozen.

Lord Advocate.-Do you know M‘Laren ?— Within this short time.

Did he ever complain of his speech being printed inaccurately?—No, I never spoke to in my life, to my knowledge.

Thomas Murray sworn.-Examined by
Mr. Drummond.

Are you journeyman to Mr. Crawford ?—Mr. Crawford is my employer.

[The pamphlet was shown to the witness.] Was that printed at Mr. Crawford's printing office?—Yes.

By you ?-Yes.

Is it a correct copy of the MS. given you for the purpose of being printed?—There were some alterations in the proofs.

Corrections of the press?—Yes.