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not touch the pistol. Upon her depofi- it should weigh in deciding upon his guilt, tion hefore the coroper the lays this, that bad not the girl fond contradicted, by M.. Yates put cet one of his hands to herself, upon the circumstance of the pistol puth away, the piltol, when it immediately not having been touched by Mr. Yates; went off and shot him ; she does not say the fays one time he did touch the piitol, in that, whe her he touched the pitol or at another cime lie did not touch the pistols not; but before the magistrate the lays but I must observe this, that this pittol Mr. Yates put his hand toward the pistol must have been extremely carelessly ulcd to push it away, and did push it a little by Sellers; he must have cocked it ber afide, and that then Sellers fired the pistol fore he went down, unlels he was cock

The girl, therefore, has varied in ing it at the time ; if he carried it down her, testimony before the magiftrate from cocked at the time, he ought to have the teftimony that the has given this day; been very careful not to have put that the ha said at one time that he did touch pistol fo near Mr. Yates as to endanger the pistol, and at another t!me that he did his life; but that is a matter perhaps not; the lays to-day he did not ; it can that will affect the degree of guilt as to not be imputed to any thing but error and the punithinent, if you find him guilty mistake in the girl; for (he has told her of manslaughter; then here is a circumHory with great fimplicity, but it may be stance that will lead you to decide whethat her recollection is not perfect. Mr. ther the pistol was fired off accidentally Yates his id that he was shot mali- or wilfully. If upon the whole you think ciously; on the other hand, Sellers says, it was fired off wilfully, you will find that Mr. Yates touched the pisto), jarred Sellers guilty of the murder; if upon it in his hand, and that was the occa the other hand you think there is not evie fion of its going off. If you are of dence sufficient to lead you to say he fired opinion that that was really the case, and off this pistol wilfully, but accidentally, that the pistol went off by accident, then there being no positive and direct proof

I think you ought to find Sellers guilty that it was fired wilfully, you will find of mapflaughter only; if you think it him guilty of manslaughter only; and went off wilfully, I think it is a murder you will remember this, that in a doubtful of an atrocious nature. There are a few case, the character of a man ought alcircumitances to be observed upon ex- ways to weigh and land him in good clusive of the act of the pistol itself, that Atead; and if a man has, during his where a piltol does go off by accident, it whole life, as was fated by fome of them is natural for a person to say immediately, witnesses ever since 1972, for 24 years ; it went off by accident; but he only says, says another for 20 years ; lays another he is not hurt, he is not hurt, and does he has been uniformly marked for his hy. not seem to be aware that he has done any manity and the mildness of his difpofimischief, nor does he before the deceased tion; it is a strong circumstance to weigh' in the garden fay it was an accident, in a doubtful case in the man's fate, You though he does fay fo to a witness after- will therefore say, under all thele circunwards; he dors not tell Mr. Yates fo, Aances, whether you think there is evihe only asks him forgiveness; but the dence sufficient to believe he fired it wil. time to have observed that should have fully; if you think so, you will find him been the very instant, and that in the guilty of a most serious murder; if you liearing of Mary Thompson; that being think he fired it accidentally, you will the case you will take that circumstance find him guilty of manslaughter, and less into your confideration and see how far than that you cannot find him guilty of.

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TREATY of ALLIANCE, Offensive, and Defensive, between France

and Spain.

THE executive directory of the

French public

, the 22d of July 1795, have rerepublic and bis catho'ic majesty, the solved to form a treaty of alliance, offenking of Spain, animated with the desire of live and defensive, with refpect to every drawing Atill closer the bonds of, amity object which may have relation to the and good understanding happily re-esta- commerce and common defence of the two blished between France and Spain, by the nations; and they have charged with this treaty of peace concluded at Balle on the important negociation, and given full pow. 4th Thermidor, the third year of the re- ers, the french republic to citizen Domi

nique Catherine Perignon, general of di- commissioners to ascertain whether the Vision of the armies of french republic, power on which the demand is made is and ambassador from the republic to his taking the necessary measures to have the catholic majesty the king of Spain ; and stipulated land or naval force ready by the his catholic majelty the king of Spain to time prescribed. his excellency don Manuel de Godoi, &c. VII. These succours Mall be entirely prince of the peace, duke of Alcudia, &c. at the disposition of the requiring power, who, after communicating and exchanging which mall leave them in the ports of t'eir full powers, have agreed to the fola the territory of the power required, or emlowing articles

ploy them in such expeditions as shall be *** Art. I. There shall exist in perpetuity deenied proper, without being held to give an offensive and defensive alliance between

an account of the motives that shall have the french republic and his catholic majetty determined it. the king of Spain.

VIII. The demand which one of the 3.II. The two contracting powers mu

powers shall make of the succour ftiputually guarantee without reserve or excep- lated by the preceding articles, shall be tion, in the most positive and absolute fuffịcient to prove the necessity of such manner, all the territorial states, islands, succours, and shall impofe on the other and places which they possess respectively; power the obligation of disposing of them and thould either of the two powers here without its being neceffary to enter into any after, under any pretext whatever, be ato discussion relative to the question, whether tacked, the other promises and engages to the war which it proposés be offensive or allift with its' good offices, and, on de. defensive; and without any explanation mand, to grant such aid as shall be ftipu- whatever' being demanded, which might Jated in the following articles.

tend to elude the most speedy and exact III. Within the space of three months accomplishment of what is itipulated. from the time when aid shall be demanded, IX. The troops and ships required shall the power on whom the demand fall he remain at the dispofal of the demanding made shall have ready for the use of the party, during the war, without being in power demanding, fifteen ships of the line,


case maintained at its expence. The of which three phall be 3 deckers, or of party on whom the demand shall have been So guns, and 12 of 70 or 72 ; 'fix frigates made shall support them wherever its ally of proportionate force, and corvettes, or wishes that they should act. It is, howlight veffels, all equipped, armed, and ever, provided, that as long as such troops vidualled for fix months, and fitted out or ships shall remain upon the territory,

for a year. This naval force shall be or in the ports of the demanding party, -assembled by the power of which ard is the faster shall furnith them with whatever demanded, in fuch of its ports as shall be is neceffany out of its magazines and arpointed out by the other power.

fenals, in the same manner and at the IV. In case the power demanding fuc- fame price as to its own troops and ships. cour hould judge neceffary, at the com. X. The party on whom the demand mencement of hoftilities, to require one shall have been made, shall make up its hali the 'aid to which it had a right to quota of ships and of troops, as soon as by the preceding artiele, it may at any's any loss shall have been fultained by

o:her period of the campaign demand the them. remaining half, which Dall be furnished XI. If the above fucccurs should prove. in the fame manner, and within the same insufficient, the contracting parties thall time as the former, reckoning from the put in activity the greatelt forcè possible time of the new demand.

by sea and land againit the enemy of the V. The power from which aid fhall pover

' attacked, which fhall use the fard be demanded Mall in like manner, within forces either by combining them, or mak. three months, reckoning from the time ing them act separately, according, as the the demand shall be made, furnith eighteen plan hall have been concerted between thousand infantry, and fix thousand ca. them. valry, with a proportionate train of ar XII. The fuccours ftipulated by the tillery, to be employed either in Europe, preceding articles shall be furnished in all or for the defence of the colonies, which wars which the contracting parties may the contacting powers possess in the Gulf have to carry on, even in thole in which of Mexico.

one of the parties should not be imme.' VI. The power making the demand diately interested, but should act as a fim. thall have permiffion to send one or more ple auxiliary.

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proper satisfaction.

XIII. In case the motives to hostility respect which is due to it, as well as to should be common to both parties, and re-establish the colonial system of Spain they should declare war by common ac. upon the footing on which it existed, or cord against one or more powers, the above onght to have existed, according to forlimitations Tall not take place, and the mer treaties. two contracting parties shall act against XVI. The capacity and jurisdiction of the common enemy with the whole of consuls shall be settled and regulated by a their forces by sea and land, and shall particular agreement, till which time they concert pians to direct them against the ihall remain upon the present footing. most vulnerable points, either separately XVII. To avoid all disputes between or together. They oblige themselves also the two powers, they fhall occupy themin this case to treat of peace only by com selves without delay with the explanation mon accord, that each may ohtain due and and ascertaining the 7th article of the

treaty of Bälle concerning the frontiers, XIV. In case one power should act as according to the instructions, plans, and auxiliary, the power which shall have memorials which thall be communicated been attacked may meat of peace separately, through the medium of the same plenipobut in a manner that not only no prejudice tentiaries who negociate this treary. may refult to the auxiliary power, but XVIII. England being the only power even that the treaty may turn as much as against which Spain has direct complaints, possible to its direct advantage. For this the present alliance shall only take effect purpose the auxiliary power Thall have the against her during the present war, and knowledge f the manner and time agreed Spain shall remain neuter with respect to upon for opening and carrying on the other powers armed against the republic. negociation.

XIX. The ratification of the prefent xv. A treaty of commerce Thall be treaty Thall be exchanged in one month concluded upon a footing the most equi- from its signature. table and mutually advantageous, which Done at St. Ildephonso, 2 Fructidor, shall insure to each, with its ally, a mark August 19, 4th year of the republic, ed preference for the produce of its foil one and indivisible. and manufactures, or at least advantages (Signed) equal to those which the most favoured PERIGNON and Prince DE LA PAZ. nations enjoy. The two powers engage, The directory figned this treaty the 13 from this time, to make a common cause Fructidor, 29th August. in order to repress ant annihilate the LevellieRE LEPAUX, president. maximns (adopted by whatever other coun The above treaty was ratified by the try) inimical to their principles, to the council of ancients on the sath of Sepsecurity of the neutral flag, and to the tember.

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CONTINENTAL ADVICES, from the London Gazettes. From the London Gazette, October 1.

From the London Gazette, October 18. Leipsig, Sept. 18. AN eftafette from Ratisbon is just ar. Downing- street, Oct. 18. Dispatches,

rived at this place, informing us, that of which the following are copies, have on the pith inft

. the Austrian generals been received from captain Anitruther and Frolich and the prince Furstenberg had Robert Craufurd, esq; by the right homade a successful attack on the enemy's nourable lord Grenville, his majesty's prinforces assembled near Munich, and forced çipal secretary of state for foreign affairs. them to a precipitate retreat, with the loss of about 2000 killed and wounded, and Head Quarters of His Royal Highness of 1500 taken prisoners. This victory the Archduke Charles, Haen, Sepwas chiefly decided by a skilful manæuvie tember 19, 1796. of general Hotze, in consequence of which he had effected a passage over the Danube,

My lord, near Donawerth, with a considerable body HỊs royal highness the archduke leavof Imperial troops, with whom he attacked ing a considerable corps in reserve at Win. moit vigorously the French corps besieging decken, marched with the main body on Ingolstadt, and obliged them to raise the the 12th to Friedberg. From thence gefiege with great loss.

peral Kray pushed on with a strong ada

of the army

vanced guard toward Wetzlar, on the the day, all his posts on the Lahn, those approach of which the enemy abandoned of the left and centre retiring toward the the town, and took post on the heights Sièg; and the division of the right, and behind it. General Hotze was detached the corps which blockaded Ehrenbreitstein, at the same time toward Weilbourg, but tbrowing themselves into the Fete de Punt was not able to make himself malter of at Neuwied, and the entrenchments on the the place.

left bank of the Rhine. His royal highness, whose chief ope No time was lost by the different Aufrations seened hitherto to be directed on trian corps in palling the Lahn in purWetzlar, now turned to the left, and fuit of the enemy. General Kray was, following the great road to Limbourg, on the 19th, at Herboon, and puthes on encamped on the 14th inst. near Weyer. toward Dellenbourg and Siegen. The His object was to form a junction with advanced goard of his loyal Highness' the corps under general New, which was column is this day at Hochftebach, in the advancing from Schwalback, and to en- direction of Alte Kirck, and general Neu deavour to penetrate the centre of the is in the neighbourhood of Neuwied. The enemy's line at the points of Limbourg, pains which the enemy have bestowed in and Dietz, while general Kray turned fortifying the latter place, present diffiit by the left from Wetzlar, and general culties which it will perhaps require time Milius kept in check the right, posted near to overcome, but which, in the mean time, Nassau.

will not in any degree retard the progress On advancing to reconnaitre the

eneiny, his royal higliness found him very adyan The feeble refiftance which the French tageously posted, and a conliderab:e force have made in a poft lo important and fo on the heights in front of Limbourg ; and advantageous as that behind the Lahn, as from the reports received from the and which they certainly had resolved to advanced corps there was every occasion defend, confirins, in the strongest manner, to believe that he meant to dispute the the representation which I have had the paffage of the Lahn, it was judged ad- honour of making to your lordship of the viseable to defer the attack till the co-ope- fituation of their army, Disorders of every ration of general Nei was more certain, kind have arisen to such a height and till the reserve, which was now' or them that Jourdan thought it necessary to dered up from Windecken, sbould arrive. demand extraordinary and unlimited pow

Early on the 16th his royal highness 'ers of the directory, without which it advanced against the front of the enemy's would be im Tible for him to restore pofition,


general Neu, from Kir- discipline and subordination. This seberg, turned it.", The enemy, who saw quest was not only refused by the dihimself in danger of being cut off, aban. vectory, but he himself is removed from doned the heights with precipitation, and the command, which is conferred on being closely pursued, was obliged to take Boui nonville. This circunftance has addthelter behind the Lahn, leaving the Anfed much to the discontent of all classes in trians matters of Dietz and Limbourg. the army. A number of the officers of The tirailleurs defended themselves, how- the highest rank and reputation have given ever, in the suburbs of the latter, with in their refignations, and the defertion fo much obftinacy that night came on among the foldiery is prodigious. Under before it was pofsible to dislodge them. these circumstances, it is rather to be withed

From the rehstance made at Limbourg than expected, that the enemy may atthe archduke was in hopes that, the enemy tempt to make another stand on this fie meant to risqne an action in the position of the Rhine. of Hadamar, and in confequence the whole I feel infinite satisfaction in being able army assembled before day-break on the to ttate to your lordfhip, that from the 17th between Dietz and Limbourg, from favourable accounts received of the situawhich points it was determined that a ge- tion of colonel Craufurd, there is every neral attack Mould be made. A very reafon to hope that he will be enabled to thick mist, which prevailed in the morn refume the functions of this miffion much ing, prevented the troops advancing so fowner than was at first expected. early as was intended; and when it cleared

I have the honour to be, &c. away the enemy was seen in full retreat, and already at such a distance as to leave

(Signed) no hope of bringing him to action. He

ROBERT ANSTRUTHER. abandoned fucceflively, in the course of

Captain zd Guards.

Hend Quarters of His Royal Highness . Head Quarters of His Royal Highness

The Archduke Charles, Haen, Sep the Archduke Charles, Weinheim,
tember 20, 1796.

September 28, 1796.
My l'ord,

My lord,
A REPORT is just received from lieu. In my dispaich of the 20th inst. I had
tenant-general' Hotze, in which he states,' the honour of mentioning to your lordship
that in advancing yetterday evening to. the idea which prevailed that the enemy
ward Hochstebach, Ke fund means to intended taking a stand in the position
bring on a serious affair with the rear of Ukerath. On the zift, however, po-
guarit of the enemy, which terminated sitive information was received, that only
entirely in favour of the Austrians. a rear guard remained on the Sieg, the

Marceau, general of a division, and main body having taken the direction of diftinguilhed among the French for his Dusseldorf, while two divisions of the activity and enterprize, is wounded and right wing had actually crossed the Rhine taken prisoner. His tuo aides de c:mp at Bonn. have shared the same fate, and his adju-, The archduke now lávi himself at lic tant-general was left dead on the field. Aberty to undertake the projected operaconsiderable number of inferior Officers tion toward the Upper Rhine, and he and privates are likewise brought in. lost not a moment in making the necefTary

The enemy continues his retreat with arrangements for that purpose. the utmolt precipitation. It is generally Lieutenant-general Wesnech, who comsupposed; however, that he will assemble mands the army destined for the defence his whole force in the strong position of of the Lahn, received orders to advance Ukareth, and there make another stand: on the 22d'to Ukerath and the Sieg, and

This has induced the archduke to bring at the same time his royal highness began nearer to the main body the coips under his march toward the Meyn, He crossed general Kray', wlio, in consequence, en that river on the 25th instant, and, leaving camps to day at Hackenburg. His royal' a considerable reserve cantoned between highness will be this evening at Walrode, Mayntz and Frankfort, proceeds to the and the advanced guard' of general Hotze Upper Rhine. is pushed on to Altenkirchen and Wey. The latest reports from lieutenant-geerbusch.

neral Petrasch, after' mentioning a numA confiderable corps, drawn from the ber of successful expeditions, in which garrifons of Manheim and Philipsburg, the loss of the enemy had been very conand reinforced by the detachment of ca- fiderable, ftate the unfortunate issue of an valry undercount Meerfeldt, has ad- attempt made on Kell on the 17th inst. vānced into the margraviat of Baden, and The attack took place in two columns, has met withi much success. They have and was at firtti completely successful. surprized and dispersed the corps which The French were driven froin the town the enemy had left in that country, have and fort with great loss, and forced to made a number of prisoners, and taken take refuge on the cther side of the Rhine. oi destroyed a quantity of baggage and Unluckily, the commanding officer of one aminunition.

of the Austrian columns was killed, and Accounts are received of the operations that of the other taken prisoner during the of general La Tour down to ihe 14th affair, and the troops, deprived of their instant, hy, which it appears that general leadèis, fell into the greatest confusion; Moreau quitted bis polition on the left while the French, having received a rebank of the Yser on the soth and 11th inforcement from Strasbourg, passed the instant. General La Tour followed him bidge, which the Austrians had neglected clofely, and was on the 12th at Plaffen- to dettoy, and, falling on them before hoven. As general Moreau seemed to they could be brought into any degree of direct his march toward Neuburg, wliere, order, drove them in their turn from the it was supposed he would repass the. Da- post which they had fo gallantly carried. nube, general Nauendorff crosd the river Lieutenant-general Petrasch, after an below ihat place, in crder to watch his unsuccessful effort to dislodge the enemy, motions; and on the 14th engaged a fe- retired to his position at Bischoffsheim ; rious affair with his rear guard, in which and leaving a detachment to cbserve Kell, the Austrians took che piece of cannon, and and guard the pass of the Kniebis and the upward of a thousand prisoners.

valley of the Keutzig, he marched with I have the honour to be, &c. tbe rest of his corps toward Stutgard, ROBERT ANSTRUTHER. where his van guard would arrive on the

Captain 3d Guards. 24th instant.

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