ExEcuTrow OF CAPTAIN Mont.—This unfortunate gentleman suf- fered, pursuant to

his sentence, on Monday morning. A petition was very numerously signed at Chelmsford on Saturday, and sent express to London to the Home Office. Sir Robert Peel was not in town, and the Under Secretary, in his absence, merely referred the petition to Lord Tenterden, who not expressing a favourable opinion, the petition was summarily rejected. Captain Moir himself did not, from the moment of his conviction, doubt that execution must follow. Indeed, in the present state of our law, we do not see how he could. In France, where moral distinctions are more nicely attended to, there are various shades of criminality ; and such an act as that for which Captain Moir suffered would there have been designated "murder without premeditation"—an • offence which is only punishable with imprisonment. • This absence of all premeditation was what the unhappy man chiefly dwelt on after his conviction ; and on the plain showing, that he knew nothing of the man who fell by his violence—that he neither bore nor could be supposed to bear bini any ill-will—we do not see the slightest reason for doubting his assertion. 'We understand that he blamed Mr. Dodd greatly for the - evidence he gave ; but the exact part of his testimony to which Cap- tain Moir objected has not been stated. It could have been proved, we believe, that the fatal event might have been accelerated in consequence of the curative process adopted. On this point. we can of course give no opinion ; nor is it neeessary, for, by a fiction of law, whether the wound was the immediate or the indirect cause of Malcolm's death, still the crime was the same. This is a most absurd fiction, we admit ; but it is not the only absurdity of our criminal code. There was another point of some importance, which Captain Moir-was kept from proving, by the fishing- -pole which Malcolm carried not being forthcoming at the trial. It was always alleged by Captain Moir, that he fired, not at the man, but at the pole; and that it was by the glancing of the bullet off the pole that the man was wounded. That the bullet hit the pole, seems un- doubted, for it is at present exhibiting in Chelmsford, and there is a very marked indentation in it. But here, again, the fiction of law meets us, and would have met the unhappy criminal. For it has been laid down, that if, in the commission of an illegal act, one man kill another, he shall be guilty of murder, even though he did not see him, or know that he was in the way ! We may quit,

therefore, all consideration of the trial. By the forms of English law, it was impossible for Captain Moir to prove himself legally in- nocent ; and that being the case, an English Jury and an English

Judge had but one course left them, whatever pain it might inflict on either to tread it. Captain Moir was, there seems no doubt, a man of

very warm temper ; he had been greatly irritated by the rudeness and

insolence, as he deemed it, of Malcolm, while at the Creek ; and althoi,gh. he might have said of himself he was cool when he again met him, he

was the very reverse of what is commonly meant by that term. He did not watch in the house for the second renewal*, nor did he expect it ; he was casually told of Malcolm's attempt to pass the marsh ; and while hia passions were roused at this second insult, .he rushed out, mounted

his horse, and fired the fatal pistol. The pistols he always carried in a pocket of his jacket,—a practice he had probably acquired abroad, and

which he unfortunately continued at home, from an idea that he lived in a lawless and dangerous neighbourhood. Had it not been for this habit, Malcolm in all probability would have been still alive, and Captain Moir still spared to his family. The behaviour of the prisoner during the trial and after conviction was decent, manly, and becoming. In the last interview with his wife and mother and sister—which is described as a scene of unmitigated distress—although he was deeply moved, he seemed

o forget his own sufferings, in order if possible to relieve theirs. The death of such a man is not without its lesson. The indulgence of head-

strong passions reduced Moir, in an instant, from a station of dignity and honour and usefulness, to the rank of one whose life was forfeited to his country. A similar indulgence may, with the best of us, produce

similar effects. "Let those who stand"—the gravity of our subject may,

we hope, excuse the quotation—" take heed lest they fall." Captain Moir had been seventeen years in the army. He was, we understand, most respectably connected. One of his sisters is the widow of the late Sir James Gardiner Baird, cousin of Sir David Baird ; and he himself was cousin to Sir William Rae, the Lord Advocate of Scotland. His grand- mother was a Stewart. lie has left an amiable widow and three fine children.

Carrara Ileasna sr.—This gentleman has been admitted to bail.

CHILD AI curie n.—At York Assizes, on Friday, a man named Hayter was found guilty of drowning his infant child in the Ribble. It appeared that his wife was extremely ill-behaved, and he took this plaii of being revenged on her. The proof was extremely clear. He was executed on Monday. ALARMING STATE OF TIIE DUBLIN NEWGATE.—The crowded state of the prison during the latter end of the last week, occasioned great alarm ; the prisoners who occupied cells during the night were found in the morning in a state of exhaustion, nearly approaching to suffocation. Such was the apprehension of the medical attendant, that he deemed it prudent to request of the inspector, Sir E. Stanley, to make a representa- tion to the Magistrates of Police, with a view to have the gaol thinned if possible, and to avoid for the future as many committals to that prison as circumstances would admit. Sir Edward lost no time in placing the subject under the consideration of the proper authorities, and the conse- quence was, that on Sunday several persons, whose time had not expired, had the remainder of their imprisonment remitted, and were set at large.

There are still confined in Newgate between three and four hundred persons, one hundred of whom are for trial ; of their number upwards

of fifty were left untried at the last adjournment of the Sessions. There will not .beainother sitting till the 17th instant; by which time, it may fairly he calculated that the number for trial will amount to upwards of two hundred. Should the heat of the weather increase, the most serious consequences may result.—Dublin Evening Packet.