her child, which was granted her, and the expreffed much grief at leaving it. a to be fair and upright in her teftimony, yet her prefent certainty arofe from her having had the matter long in her mind, and not wholly from the ideas fhe at firft received. The pri foner's couufel contended that notwithstanding the ftature of concealment, yet the practice for many years had been to confider the trial meerly at common law, as there almost uni This is the fate of evidence given by the prifoner's miftrefs. The next witness called by government was a physician who had examined the lungs of the child, and depofed that the lungs, being put into water, floated; out that they were in fome meafure putrid. The common quef-verfally appears, and certainly in the tions were asked; and they were cafe at bar fufficient evidence in be. anfwered with ingenuity. The half of the prifoner to take the cafe Attorney General then applied out of the ftatute. The cafe being the evidence, arguing that then at common law there is not fufconcealment was intended by the pri- ficient evidence brought by governfoner from the beginning of her preg ment to prove the murder. The nancy even to a week after the delicommon arguments were used on very; and that this concealment was both fides. The Attorney General evidence of the murder. clofed the cause. And the court charged (with great impartiality) the Jury, who foon brought in their verdict NOT GUILTY. The prifoner's counfel then moved the Court for her total difcharge, which was immediately granted, the cause having lafted two days with fome uncertainty which way it would be determined But reafonable doubts, among a reasonable people are ever in favour of life. The prifoner's counfel then opened the defence and called three witneffes who fwore that the prifoner communicated to them her pregnancy fome weeks before her delivery, and mentioned fuch a flage of her pregnancy as that it appeared to them he was miftaken as to her time, and that it was nearer than the ap pr hended, from which and other circumftances was argued that the was furprifed in her delivery and never had intended to conceal..... The prifoner's counfel then called feveral eminent phyficians,from whom it appeared that all arguments drawn as to the life of the child from the lungs floating, efpecially when in any degree putrid, must be quite equivo cal Thete phyficians gave alfo many circumftances in evidence to fhew the probability that the child might have been dead. The next witnefs called was a woman who depofed that the accidently faw in poffeffion of the prifoner, at the day of ner imprisonment, a fmall quantity of baby linpén whch the fuppofed the prifoner had prepared for the comfort of her child. The laft witnefs called was a gentleman who depofed that the prifoner's refs Lad, before the Jury of Inqueft,differed in fome measure from her prefent teftimony touching her certainty of hearing the child cry. Ths evidence was not adduced to lig ten the credibility of the prifoner's minrefs as an unfair witnefs, but on ly to fhew that although he meant The Trial of Mrs. Kirrily. AT the Supreme Judicial Court holden at Bofton, for the county of Suffolk, in February laft, Rebecca Kirrily was indicted and tried for the crime of petit treafon, committed on the body of her husband, James Kirrily, on the 6th day of December laft past. The honourable RobertTreat Paine, Efq; the Attorney General appeared in behalf of the Commonwealth, and the Hon. James Sullivan, Efq; and Perez Morton, Efq; in behalf of the pri foner. The Attorney General, to fupport the charge contained in the indictment, produced a number of witnefies on the fland, who teftified in the following manner and to the following facts. NANCY MARBERRY teftified, that on the 6th of December laft, being at the door of the prifoner's houfe, the heard the found of blows, and fome body groan. Looking into the window, the faw Kirrily lying on the floor, and the prisoner kneeling near him and friking him, though not with great violence. On going into the room with Mrs. Whillet, and Mrs. Bulkly, fhe fouud Kirrily on the floor, and both the deceased and the prifoner drunk, the hair of the latter over her face, and herfelf in a great rage. Near to the prifoner lay a flick. The witnefs further added, that the obferved blood upon Kirrily's face, but that it was dried; that the had often feen them both before exceedingly drunk, the husband on one fide of the floor, and the wife on the other. Mrs. WHILLET teftified to the fame facts, particularly that the blood was dried upon Kirrily's face, that The has often feen the deceafed drunk, and after his fits of intoxication which would fometimes laft three or four days, has known him to be much bruifed by the falls he had fuffered. Mrs. BULKLEY, in addition to the foregoing facts declared that the saw au ax handle about an arm's length from the prifoner, that on Ifting Krrily up, blood run freely from his mouth and nofe, and on her telling the prifoner her husband would choak, fhe anfwered let him choak, I hope he will. The witnefs further teftified, that the had often feen them both drunk and quarrelling, and that in particular the knew that he tumbled over a cradle about, three weeks ago, and bruifed his head very much, fo mnch that he kept hoafe from that time until he died. On the witnefs in the evening, afking Kirrily how he did, and who hurt him, he aufwered he fhould die before morning, but no one had firuck him a blow. Mr. SMITH teftified, that the ax handle was delivered him by the Coroner, and that it was bloody Mr. BRAILESFORD and Mr HUNT teftified to the drunkennefs of both and that in going into Kirrily's houfe pon hearing the noife, they faw the ax handle, but no blood upon it. Dr. PACKER teft.fied, that on the 6th of December, being called to fee Krely, he found him on the floor. He had been bleeding, and was cold. On examination, he found a large contu fion over his left eye, and a wound in his left arm, which appeared to have been done with an infroment There were three other contufions on his head, but a fraure in neither. Dr. WELSH teft:fied, that on being called to fee Kirrily on the 6th of December, he difcevered several bruifes on his head and one over his left eye about as big as an eight pence, but without depreffion of the skull in ei ther. The prifoner at that time appeared under the influence of liquor, grief or rage, and oppofed the Doctor in his examination of the wound. The witnefs furiber added, that the next day after the decease of Kirrily, he examined the body with Dr. Jarvis, and found the veffels next the bone contufed, but the skull not frac tured. After the fkull was removed," the witnefs perceived juft over the right ear a quantity of water and blood extravafated from the brain, all the veffels turgid, and a quantity of coagulated blood near the center of the left lobe of the brain. On removing the upper part of the brain, fome extravafated blood was found on the cerebellum. Dr. JARVIS teftified to nearly the fame fa&s, and both expreffed their opinion, that thofe wounds on the brain were the probable caufe of [the man's death, but that it was very extraordinary, and an inftance their memory did not furnish them with, that a blow on the head, without fracture,fhould produce fo fudden a death. Dr. PECKPR faid, that the greatef extravafation of the blood was in the cerebrum directly under the 'cantuffon over the left eye, and that the brain did not appear turgid only nearly the places, where there was an njury without. The WITNESSES brought by the prifoner, were principally for the purpofe of establishing these two facts, that there was no blood on the ax handle, & that the deceased uniformly confeffed to the moment of his death, that the prifoner had not hurt him. After the witneffes were examined and the cafe argued with great learning and ingenuity, both by the At torney General and the counsel for the prifoner, it was committed to the ju ry, who in a fhort time returned and pronounced the prifoner NOT GUILTY. Proceedings On Thurfday, the 25th inftant, the General Court of this Commonwealth was prorogued by his Excellency the Governor, to the laft Tuesday of May next, after a feffion of more than nine weeks, during which forty-two as public and private, were paffed. In the sketch of the proceedings at this feffion of the Legiflature, contained in our laft number, we left the plan of ways and means in the hands of a fecond committee, who, if we may judge from the form which the report affumed under their revifion, were refolved to improve to the utmoft the predilection generally fhewn in the Houfe, for impoft and excife duties, as the only fubftitute for a tax upon polls and eftates. The plan was calculated to raise all the monies required in the first mentioned method, excepting about thirty one thousand pounds, which were to be witheld from the continental requifions, for fo much money advanced to Congress on a feperate account The princi ples of this report were of a moft im portant nature; the firft part of it could not fail to have a violent effect on trade: And many perfons fcrupled not to fay that the latter part was a direct attack upon the union of the States. The introductory article was a duty of one fhilling upon every barrel of cyder imported or made in this State. On the debates on the report at large, and on this article in particular, the inverted order of the Houfe afforded to curious a phenomenon to pafs wholly unnoticed. The maritime members confidering this duty only as an apology for impofing of greater weight on trade,now rejected with the utmost firmnefs, what a few feffions paft was, in their opinion, nothing more than a jnft measure, and what gentlemen of the countrycould not deny upon righteous and equal grounds.On the other hand, the landed intereft elated with the idea of eafing off the dry tax, by the infenfible exactions of impofts and excifes, which too in all the fubfequent articles were to operate primarily, if not ultimately, on the commercial, part of the community, made no fcruple of yielding up a duty that they herself infulted victim of her own minions? The impoft was afferted to be an unequal tax, fince the dutied articles were confumed in a far greater pro portion by the people of the fea ports than by thofe of the country. It was unequal too as the neceffaries of life were its object, and fo the poor man would be taxed in the fame degree with the rich. The wildom of the Spartan fyftem was highly applau ded, by which it was ordamed, that the man of trifling property fhould be wholly exempted from there kind of burthens. But, above all, imposta and excifes were anti republican on another principle. The raifing of monies was thereby rendered infenfible, and the people might be lulled into a fatal fecurity, while tyrants armed themselves with power before the fources of their ftrength could be Properly realized. Whereas, it became a free people to part with their money and their power in fuch a way as to awaken a jealoufy of the rufe, and even to goad them into a fenfe of their rights The inexpediency of encreafing the impoft duties already granted, on account of throwing the trade into the hands of neighbouring States, who might court it with greater attention, was urged with equal zeal. Nor was the latter part of the report for witholding monies granted to Congrefs, fuffered to pafs uncontefted. Yet a majority was found in its favour, and it was finally fent up to the Senate for their concurrence, as the ground work of a money bill. It however, reverberated back upon the Houfe partially negatived, and, afterfrequent agitations of this kind, finally died with the fhock. This meafure being wholly defeat ed, the Houfe turned their attention to a committee anpointed to revife the impoft and excife aft, who made their report by way of an additional bill, which the affection for taxes of this kind hitherto fo prevalent in the Houfe, foon (weled both in the number of articles and the rates of the du ties. To give a particular defcription of this bill, or to relate the debates that attended it, would exceed our plan. Suffice it to observe, that even the neceffary exports of provifions from the favourite nation of Ireland were not exempted. It was enafted by both Houfes, and laid before the Governor on the fame day, with their request for a recefs. His Excellency informed them that he had objections. to make to it, which it was at ther option to fit and hear, or to refer the bill to a future court. The length of the feffion occafioning but a bare quorum of either branch, the latter meafure was neceffarily adopted; aud thus ended all the propofed methods. of raifing monies to defrey the exigencies of government. The other great object of the feffon, which was the recommendat.on of Congrefs in behalf of the abfentees, did not pafs in fo undeterminate a manner. The committee on this häfinefs, after a moft attentive confideraton of the fubject, made a report which confifted of definitions of all the effential terms used in the 5th and 6th articles of the treaty, and concluded that the penal laws then in force againft abfentees were inconfiftent with it. and ought to be so declared by the Legiflature. On the morning of the day affigned for confidering this report, a circumftance took place which we think worthy of notice. A number of printed hand-bills were delivered to the Meffenger at the door by a perfon unknown. This officer conjecturing them to have been papers ordered for the ufe of the members, as is common, placed them under the eye of the Speaker. A fuggeftion was immediately made by an honorable member, that they contained matters relative to the order of the day,& were laid there in order to influence tire debates. The greatest indignation was fhew from all quarters of the House,the papers were burned in their prefence by fpecial direction, and the perfon concerned in handing them to the door ordered to be apprehended for his contempt. The report of the committee was oppofed chiefly on the principle of it's permitting the return of the Abfentees, as a matter of right. It was afferted that they were Aliens to this country, and fo declared by the excluding Ats, and could claim the privileges given them by the report, only as a (pecial favour. This opinion, however, it was observed did not seem to be altogether Countenanced countenanced by the flatutes recited, lince they were thereby confidered as capable of committing a pofitive offence against the government, which it was abfurd to fuppofe could be committed by aliens, it being founded on allegiance, and that could not be due from perfons of this defcription. The debates were not confined to one point, they branched out much further than we have opportunity to trace them. But, though they were long, and in many inftances intricate; yet, it must be acknowledged, that, Confidering the nature of the fubject, they were, upon the whole, exceedingly difpaffionate. The report was at length recommitted, and appeared a fecond time much lefs altered in its effentials than was expected. It was finally fucceeded by a bill for repealing the laws extant againft abfentees; for excluding fuch as have taken up arms against their county, or loaned monies to the British go verament for carrying on the war; and for permitting the others to re turn home and remain under a cert.ficate from the governor and council, to be confirmed at the next futceeding court. It alfo provided for the re-delivery of all eftates not com fifcated by act of attainder, or by judgment rendered on procefs of law. As this bill is now a public aft of the government, a further defcription of it is rendered unneceffary. Thus terminated a fubject of as great fpeculation, perhaps as any one that ever preceeded it; a fubject in the fettling of which many public and private prejudices, and in fome inftances, no doubt, honeft refentment, were made to give way to national faith. And it is with pleasure we can fay that, fo far as our observation has extended, the refult has been fatisfactory to all parties concerned. Having dwelt thus long on two of the most important tranfactions of the Seffion, we find ourfelves obliged to omit obfervations on many others of great, though not of equal confequence. Extract of a letter from St. Kitts, da our ted December 9, 1783. "The frequent earthquakes we have experienced has been truly alarming, more particularly thofe of he 4th of this month; eight (mart fhocks from three to fix o'clock, in the morning, and the earth, during the whole time, in a continual tremor. We never expected to have feen another day. Our house, being a ftone building, we have not lodged in it fince." 25. At a meeting of the Stockhold- JONATHAN MASON, Efq; And at a meeting of the Directors on Monday, the Hon. Mr. Bowdoin was chofen Prefident of the Bank. An Obituary for March 1784. L On the 15th ult. at Hebron in Connecticut, Mrs. Lydia Peters, wife of Col. Joon Peters, and fecond daughter of Jofeph Phelps, Efq; he was married at the age of 15, and lived with her confort three times 15 years and had 15 living children, thirteen now alive, and the youngest 15 years old. She has had three times 15 grandchildren. She was fick 15 months, and died the 15th day of the month, aged four times 15 years. On the 18th ult. at Martha's Vineyard, Capt. Thomas Simplon of Portsmouth, New Hampshire, commander of the ship Ceres, formerly commander of the continental frigate Ranger, aged 40. On the 25th ult. at Uxbridge, Nathan Tyler, Efq; Attorney at Law and a Colonel of a regiment of Maffachusetts militia, aged 55. March 2. At Boston Mr. Samuel Elior, Merchant, jun aged 36 At Roxbury, Reverend John Walley, late paftor of a church at Bolton, aged 68. 3. At Bofton, Mrs. Hannah Welch confort of Mr. John Welch, aged 21. 4. Mr. John Arnold, Cabinet-maker, aged 43. Mr. William Andrews,aged 59: Mifa |