destitute condition, and had nothing to subsist on. [Sidenote: _KING’S EVIDENCE._] Macdonald’s fellow in iniquity, Maddox, succeeded. He was nominally an ensign, but he held no commission, and Towneley was his colonel. In the retreat, northward, Maddox stated that he had expressed a desire to get back to his master at Manchester, and that Towneley replied that, if he attempted to withdraw, he would have his brains knocked out. At Carlisle, he added, the Pretender, on leaving, appointed Towneley Commandant, under Hamilton, the Governor of the town. That, in the above capacity, Towneley fortified the city, sent out foraging parties, to whom he made signals by firing a pistol as he stood on the wall, to warn them against surprises by the enemy. When Governor Hamilton spoke of surrendering the citadel, Towneley, according to Maddox, flew into violent rage, and protested that ‘it would be better to die by the sword than to fall into the hands of the damned Hanoverians.’ In his cross-examination, Maddox accounted for his being an approver, by saying: ‘My brother came to me in the New Prison, and advised me to do my best to save my own life, and serve my country.’ He had followed the fraternal counsel, and was then living, at Government cost, in a messenger’s house. ◆[Sidenote: _TOWNELEY’S TRIAL._]◆ The third approver, Coleman, gave similar evidence. A Carlisle grocer, Davidson, deposed that he heard Colonel Towneley give orders to set fire to a house near the city, from which ‘the Elector of Hanover’s troops’ had fired on some Jacobite soldiery. Two captains, Nevet and Vere, stated, that on entering Carlisle, they had found Towneley acting as Commandant; and Captain Carey said, that the Duke of Cumberland having ordered him, through Lord Beauclerc, to take the rebel officers under his guard, he found on Towneley some guineas and a watch, ‘which I did not take from him,’ the captain added; ‘for His Royal Highness’s orders were, not to take any money out of the pockets of any of the officers, as it might be of service in their confinement.’ The process of accusation was not long; the defence was briefer still. Towneley’s counsel could not save him by stating that he was a gentleman by birth and education; that motives which weighed upon him forced him to go abroad in 1722; that he held a commission from the King of France; and that he was at the side of Borwick, when that marshal was slain at Phillipsburgh; that he had come over to England, some time before, while in the service of the French king; and that, as a French officer, he had ‘a right to the cartel.’ Captain Carpenter, whose evidence was to the same effect, served the colonel as little by his deposition; and two Manchester men, Hayward and Dickinson, who swore that Maddox was a cheating apprentice to a Manchester apothecary, not to be believed on his oath, might as well have remained at home. [Sidenote: _CONVICTION._]