Perth Circuit Court.
J. Stewart was accused of murder by beating his wife. in cOnlse- quence of which she died on the 1st day of Alay. Alargaret Aliller was servant to the deceased in April last. Wit. ness recollected hearing the noise of a person gettingsz a beating in the bar, one day in AVril last about dinner.time. Writness also heard Mrs. Stewart's voice Rupphicating in distress; that crying continued for a quarter of an, hour, and the beating also lasiea all that time. There was no other person then in the bar save the prisoner snd his wife. Witness was in the kitchen, which communicated with the bar by a passage, and having occasion once to go into it for spirits, she saw the prisoner strike the deceased. The prisoner and AMrs. Stewart caine out of the room shortly after, andl went up stairs to ibeback bed-room, where the saie cl ving waas recommenced, atmt lasted for half an lhour. 'I'he prironer thlen came down stairs, antl witness did not go up till it was late it) the evening, wvhen she saw alrs. Stewart lying on the bed with her clothes on she could not speak, but was breathing very hard. and nmoved one of her hands: there was no other persor. in the rootii at the time; she offered Airs. Stewart a drink, but got no answer, and left the room; she rett ned again in the course of'the night, and found her still speechless, with her eyes closed; in the morning Mrs. Stewart waRs fourd still in the samestatcofinsensibility and lyingin the sane bed. Dr. Alonteith was called, on the second or third day after the beating, to see I rs. Stewart, wbo dsied on the tlird or fourth day af'ter the assault. Froan the time thewitness first saw her in the back bed-rooi till she died,titc witness never saw the deceased show any other sign of animation than those shc had described. Witness saw the body after deatlh - there was a great number of nmarks, as fromt blows. on it. Airs. Stewart was a quiet peaceable woman, and seemed in general desir- ous of pleasing her husband ; she has a very' lelicate slendur appear. ance, and was aged about 30. On the day of' the violence, she was going about the house as usaual; she had been drinking, but w.as not intoxicated, nor did she fall. Witness had see,, the prisoner re- peatedly strike his wife, and she often bore mnarks of violence: ill. usage was a frequent occurrence; and Mirs. Stewart often complained of it: even the neighbours were accustomed to hear hter cries. Cross.examined.-il rs. Stewart was accustonmed to drink-.never saw her fall but.once itl the kitchen, about a month before the vio. hence-she fell near the kitchen fender, but did not strikeit--tie pri- soner after this locked up the spirits to prevent his wif'e getting at them. By thte COURT.-Hlas secn the prisoner strike his wife on a for- mer occasion with a small stool. Saw the prisouer both strike atid kick his wife in th e bar. Witness heard the prisoner tell tie dle- ceased to go op stairs and clean herself, and lie folloived irnr'e- tii ately. By the Jury.-At the time the prisoner was beating his wife, lit appeared to be somewhat intoxicated, and in a violent passion. G. Taylor lodged ia the prisoner's house in April last; often saw Airs. Stewart intoxicated; he liad heard words bet.een the pri- soner and his wife, which lie understood proceeded entirelv from her habit of drinking ; when she was not intoxicated, lie appeared to be very attentive and kind to hsr. Understood the deceased had a child before she was married to the prisoner, and of that child the prisoner was particularly fond, saying, if ever he had a sixpence in the wotld he ~would leave it t.s the boy. NVitness had advised the pri- soner rather to part frorn his wife, than to treat her in the manner lie did. IDr. Alonteith deposed that the deceased died of extravasated blond on the brain, produced by external violence. Dr. aialcolm was of the same opinion. He stated that the ekull of the decessed was particularly thick: and froni that circumstance aloe lie was of opinion actual fracture had not taken place, for the sealp was tovered with bruises. The psisoner's declarations were read, which closed the cvitlence for the prosecution; and no excalpstory proof was adduced. The Jury retired, and were enclosed for an hour, when they re- tsxmed a verdict, liriag, by a plurality of voices, Guilty of culpable homicide. The CounrT then sentenced Stewart to be publicly whipped through the streets of Perthi, and to be transported for life. J. Milne, charged with housebreaking and thett, aggravated by being habit and repute a thief, was placed at the bar. D. Proctor, aged 9ltlived, in July last in a house by himself, at Cloutesbank, Forfarshlre, which was broken into one night, about six weeks ago, through one of the windows. Witness was awakened by a noise like that of the lock of his door bein- turned. He gotup and saw two men standing In the kitchen and hc turned to go back to his bed.room,whet one of thetn laidhold of him threw; him down, tied his hands and feet with cord, and then lifted him into his bed. Witness said at the time " 0 Jamie, Jamie. dinna tie rne sae hard ;" he meant by " James" the prisoner, James Alilne, with whom he was well acquainted, as he had beeD his neighbour 1obr some time; he never saw the other man's face. Milneremained at the bedside threatening witness that he would give hiin a blow if he did not lie still, while the other man was epeulicing (plundering) the {house. Alilne said he knew he had notes, and aszked where they lay: wituess said, "0 O Jamie, if' yc will loose my hands and feet, I'll gae to theaamrie(cbeat) an' gi ye a' the silier that's in the bouse, but notes hee nare."Mailnethenasked for the keys, orwheretheylay; but witnessieither gave them nor told where they wereto be found-It was moosslight, nid he saw Allilne distinctly, who took two of the best pairs of blankets eof the bed (these witness described with remark- able minuteness). The men also carried off three pairs of sheets from a chest tvhich they broke open, a stock with a plated buckle, six pewter tea-spoons, 4a. 6d. in silver and coper, nine paanioch., a basin full of butter, and a cut of blue worsted, also o e of wbite. The tlhieves were aboatdn hour in tbe house. Witness managed to loose the cords from his feet- with Iris hands, although tied, and from his hands with his teeth: he then wentout in Isis shirt by the bole the thieves had made, to the house of a neighboua, and alarmed them. The LOEtD JUsTY.CE CLEUx said, that he never had heard a more distinct evidence given int atiy Coart, and heArtily congratulated Proctor on the fuU posession of his faculties at such an advanced age,w ishing that he might live long to enjoy them. David thanked his Lordshi?, saying that lie was thankful for the possession of all his senses, ' blessed be the Giver." J. Bassie, wright, detailed his going to the hcase in which *Uilne resided, about hsif-past one; that the prisoner cause to the door witi. as portion o his clothes on; that he told him David Proctor had '.m cavched him with thc robbery. Hle did not deny the fact, but said ' he would go out and see about that." Hie consequently tame with witness and sonme neighbeurs to Cuthbert's house,. when t c~tot ieaediamtely said he was the man, adding, " Didna I tel ye Jamie no to lhuri my shackle hanes?t (wriate.) Ailne got Into a passiSon RnWre anl threatened Proctor, *7ho was sorneawht istimi- d~~~~~~atod n elgsJtne, if it wns~ no yost, I, thoutght it WV3S. daT,anbceJur db of f t[tra ' 1 tation, the prisoner G(3ilty. 'I'he COumRn then -cntenced Mliine to 1bee=ecated at Forfar, Oe SaturOiay, tht SOth of October. 'While the LooD JusTtcs6- CL.-t ' vkassing the-awful sen- tence npoAn the prisoner, thc unhappy man became maich 4itlmedk- his knees knocked, his teetl chattered, and large drops -ran frO- bi eye . He exclaimedi rep^eatc,d1, " I am nDt guilty ! -T tlU nolt guilty of this crirne whatever I may be." He left the b=j sezn- ingly .mt the utitlost agony of .nind, repeasino the satnc exdl;afl0fl' PERTH CIRCUIT COUR r.