22 APRIL 1854, Page 4

SCOTLAND.

The High Court of Justiciary at Edinburgh was occupied three days last week in the trial of William Smith, a surgeon of Birkton St. Fergus, in the North of Aberdeenshire, charged with the murder of William M`Donald.

The evidence offered against the prisoner was entirely circumstantial, and of the nicest character. 'William M'Donald resided and worked on the farm of his mother, at Burnside, two miles West of Kirkton. He was a widower, but

anxious to marry Mary Slessor, a farm-servant ; and he only waited for money and a farm. He was on intimate terms with the accused; and loft his home, on the evening of the 19th November last, saying he had a tryst with Dr. Smith at six o'clock. That evening, shortly after half-past seven, Fraser, the bellman of Eirkton, on his way to ring the eight o'clock bell, saw a flash and heard a report in the direction of Dr. Smith's field. M'Donald did not return home that night ; and, alarmed at his absence, his brother Robert set out in search of him next morning. He took his way towards Dr. Smith's. The path led through a field by i the side of a cross- ditch to Dr. Smith's field. On going through the gap in the hedge, Robert M'Donald found the body of his brother, in the ditch under the hedge, with a wound in his cheek, a little blood on the face, and a pistol lying by the body. He at once went to Dr. Smith's, but found him out. Shortly after, however, Smith and Pirie the village farrier came up; and Smith said, "He's shot himself,"—suggesting at the same time that the pistol might have gone off by accident in the pocket of his jacket. The medical evidence tendered at the trial was inconclusive as to whether William M'Donald had destroyed himself; but Dr. Comrie and Dr. Gordon both thought it was very improbable. Suspicion soon fastened on Dr. Smith. It appears that he had effected three insurances upon the life of M'Donald—two for five years, and one for one year ; the last, for 9991. 19s., expired on the 24th November, five days after the murder of M'Donald. In the policies of all these insurances it was a condition that they should not be vitiated in the event of suicide. Dr. Smith, in his judicial declarations, stated that they were effected at the desire of his uncle—one William Milne ; that he knew nothing of the terms of the policies ; and that he did not expect to get the sums insured by these policies on M'Donald's death, in consequence of his having died by his own hand.

With respect to the pistol, evidence was offered to show that Dr. Smith had purchased one, in August last, like that found on the ground ; and that he had purchased two ounces of gunpowder on the 19th November, osten- sibly for mixing an ointment. A packet of gunpowder was found in Smith's house, by the officers; it was short of two ounces by a quarter of an ounce ; but it shown that in opening it the officers spilt some, and the servant of Dr. Smith deposed to finding some on a plate after they had left the house. It was also shown that William M'Donald had purchased in Sep- tember 1848, from Mr. Gray, the brother of the Provost of Peterhead, a pis- tol similar to that found by the body ; and Mr. Gray expressed his belief that it was the same pistol he had sold. The main question was one of time. Where was Dr. Smith between half- past seven o'clock and eight o'clock on the evening of the murder ? Dr. Smith's own account is not disputed, except in one important item. He de- clares that he had no appointment to meet M'Donald; that about six o'clock he went to the "manse' on professional business, and returned to his own house soon after seven; that he dug up some flower-roots, occupying his time until about five-and-twenty minutes to eight ; that he then went to Miss Anderson's, and remarked the time, 7.35, on her clock. Staying with her a few minutes, he went to Pirie's, and subsequently to Mrs. Man- son's, and back again to Pirie's ; leaving that house about half-past eight, in company, with Reid and Taylor. The important item in this account is that Smith was at Miss Anderson's at twenty-five minutes before eight ; that he drew her attention to the fact, and the hands of the clock did mark twenty-five minutes to eight ; but Miss Anderson swore on the trial that the clock was a quarter too slow. That left fifteen minutes unaccounted for. Smith exhibited no signs of guilty consciousness at the discovery of the body. In summing up, the Lord Justice Clerk remarked, that at an early period of the trial he bad taken up the impression that unless more evidence were brought than appeared likely, there was not enough to infer the guilt of the prisoner, or to substantiate the fact that a murder had been committed. Since hearing the whole case, that impression had been strengthened and confirmed. The Jury deliberated about ten minutes, and then returned a verdict of "Not proven." Questioned by the Bench, the foreman said that the verdict was the result of a division ; there was a minority for a verdict of "Guilty." The crowd slightly hissed the announcement, and Dr. Smith was taken out of court by a private door to evade the mob.

It appears that the Messrs. Napier of Glasgow kept the Government thoroughly informed as to the purpose and destination of the engines they were building for the Russian Government. The engines were seized upon the information of the Messrs. Napier, that Colonel Schwabbe, who originally ordered them, had notified that they had been transferred to the house of Merck at Hamburg.