Читать книгу Trial of Deacon Brodie - Группа авторов - Страница 7
THE TRIAL
Оглавление———
WEDNESDAY, 27th AUGUST, 1788.
The Court met at Nine o’clock.
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Judges Present—
| THE LORD JUSTICE-CLERK (Lord Braxfield). LORD HAILES. LORD ESKGROVE. | LORD STONEFIELD. LORD SWINTON. |
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Counsel for the Crown— The Lord Advocate (Ilay Campbell). The Solicitor-General (Robert Dundas). William Tait and James Wolfe Murray, Esqs., Advocates-Depute. Agent— Mr. Robert Dundas, Clerk to the Signet. ——— Counsel for the Pannel William Brodie— The Dean of Faculty (Hon. Henry Erskine). Alexander Wight and Charles Hay, Esqs., Advocates. Agents— Mr. Robert Donaldson, W.S., and Mr. Alexander Paterson, Writer, Edinburgh. ——— Counsel for the Pannel George Smith— John Clerk and Robert Hamilton, Esqs., Advocates. Agent— Mr. Æneas Morrison, Writer, Edinburgh.
CURIA JUSTICIARIA S. D. N. Regis, Tenta in Nova Sessionis domo de Edinburgh, Vicesimo Septimo die Augusti millesimo septingentesimo Octogesimo octavo, Per Honorabiles Viros; Robertum M‘Queen de Braxfield, Dominum Justiciarium Clericum; Dominum Davidem Dalrymple de Hailes, Baronetum; Davidem Rae de Eskgrove; Joannem Campbell de Stonefield; et Joannem Swinton de Swinton, Dominos Commissionarios Justiciariae dict. S. D. N. Regis.
Curia Legitime Affirmata.
INTRAN. William Brodie, sometime Wright and Cabinetmaker in Edinburgh, and George Smith, sometime Grocer there, both prisoners in the Tolbooth of Edinburgh,
Pannels.
INDICTED and ACCUSED at the instance of Ilay Campbell, Esq., His Majesty’s Advocate for His Majesty’s Interest, for the Crime of Theft attended with House-breaking, in manner mentioned in the Criminal Indictment raised against them thereanent, bearing as follows:—
WILLIAM BRODIE, sometime Wright and Cabinetmaker in Edinburgh, and GEORGE SMITH, sometime Grocer there, both prisoners in the Tolbooth of Edinburgh, You are indicted and accused at the instance of Ilay Campbell, Esq., His Majesty’s Advocate, for His Majesty’s interest: THAT ALBEIT, by the laws of this, and of every well-governed realm, THEFT, more especially when attended with house-breaking, and when committed by breaking into a house used or kept as an Excise Office, or other public office, under cloud of night, and from thence abstracting and stealing money, is a crime of an heinous nature, and severely punishable: YET TRUE IT IS, AND OF VERITY, That You, the said William Brodie, and George Smith, are both, and each, or one or other of You, guilty actors, or art and part, of the said crime, aggravated as aforesaid: IN SO FAR AS, upon the night of the 5th day of March, last, in this present year of our Lord 1788, or upon one or other of the days or nights of that month, or of February immediately preceding, or of April immediately following, You, the said William Brodie, and George Smith, did, by means of false keys, or other instruments, wickedly and feloniously break into the house in which the General Excise Office for Scotland was then kept, in Chessels’s buildings, on the south side of the High-street of Canongate of Edinburgh, within the royalty or liberties of the city of Edinburgh, and county of Edinburgh, and did thence feloniously abstract and steal money, to the amount of Sixteen pounds Sterling, or thereby, consisting partly of Bank-notes, and partly of silver and halfpence. And You, the said George Smith, having been afterwards apprehended, and brought before Archibald Cockburn, Esq., Sheriff-depute of the county of Edinburgh, did, in his presence, emit three several declarations; the first of date the 8th day of March, the second of date the 10th day of March, and the third of date the 19th day of March, all in this present year of our Lord 1788: And having afterwards been brought before John Stewart, Esq., Sheriff-substitute of the said county, You did, in his presence, emit a fourth declaration, of date the 17th day of July, likewise in this present year 1788: The first of which declarations was signed by the said Archibald Cockburn, the second and third by you, the said George Smith, and the said Archibald Cockburn, and the fourth by you, the said George Smith, and the said John Stewart. AND FURTHER, You, the said William Brodie, having, in the month of March last, when the said George Smith was committed to prison, left Edinburgh, and fled from this country; and having afterwards been brought back, and taken into custody, did, upon the 17th day of July, in this present year 1788, in presence of the said Archibald Cockburn, Esq., emit a declaration, which was signed by you, the said William Brodie, and the said Archibald Cockburn; the whole of which declarations, together with a letter written by You, the said William Brodie, and signed John Dixon, dated at Flushing, Tuesday, 8th April, 1788, twelve o’clock forenoon, and addressed to Mr. Matthew Sheriff, upholsterer, Edinburgh; another letter, or two letters, on one sheet of paper, written by You the said William Brodie, and signed with your initials, dated Thursday, 10th April, 1788, and addressed to Mr. Michael Henderson, Grass-market, stabler, Edinburgh; an unsigned scroll, or copy of a letter, in the hand-writing of You, the said William Brodie, marked No. 1. without date or address; another unsigned scroll, or copy of a letter, in the hand-writing of You, the said William Brodie, marked No. 2. without date or address; an account, or state, in the hand-writing of You, the said William Brodie, entitled, “A state of my affairs, as near as I can make out at present from memory, having no other assistance”; a letter, dated London, 1st May, 1788, signed Lee, Strachan, and Co. and addressed to Mess. Eml. Walker and Co., merchants, Philadelphia; a gold watch, with a chain, seal, and key; a chest, or trunk, containing various articles; a five-pound bank-note; an iron coulter of a plough; two iron wedges; an iron crow; a pair of curling irons or toupee tongs; a spur; a dark lanthorn; a pair of pistols; several false keys and pick-locks; and two spring-saws; are all to be used in evidence against You the said William Brodie and George Smith; and, for that purpose, will be lodged in the hands of the clerk of the High Court of Justiciary, before which You are to be tried, in order that You may have an opportunity of seeing the same: AT LEAST, time and place foresaid, the said house in which the General Excise Office for Scotland was then kept as aforesaid, was feloniously broke and entered into, and a sum of money feloniously and theftuously taken and stolen therefrom as aforesaid; and You the said William Brodie, and George Smith, above complained upon, are both, and each, or one or other of You, guilty thereof, actor or actors, or art and part. ALL WHICH, or part thereof, being found proven by the verdict of an assize, before the Lord Justice-General, Lord Justice-Clerk, and Lords Commissioners of Justiciary, You, the said William Brodie, and George Smith, OUGHT to be punished with the pains of law, to deter others from committing the like crimes in all time coming.
ILAY CAMPBELL.
List of Witnesses to be Adduced in the Trial for the
Prosecutor.
1. John Brown alias Humphry Moore, sometime residing in Edinburgh, present prisoner in the Tolbooth of Canongate of Edinburgh.
2. Andrew Ainslie, sometime shoemaker, present prisoner in the Tolbooth of Canongate of Edinburgh.
3. Mary Hubbart or Hubburt, spouse of the said George Smith.
4. Grahame Campbell, sometime servant to the said George Smith.
5. Alexander Thomson, accountant of Excise in Edinburgh.
6. Peter M‘Farlane, clerk in the office of the cashier of Excise there.
7. Adam Pearson, assistant secretary of Excise in Edinburgh.
8. Janet Baxter, servant to the said Adam Pearson.
9. William M‘Kay, porter in the Canongate of Edinburgh.
10. John Duncan, doorkeeper to the Excise Office, Edinburgh.
11. Laurence Dundas, housekeeper of the said Excise Office.
12. Margaret Black, late servant to the said Laurence Dundas.
13. Margaret Bain, late servant to the said Laurence Dundas.
14. James Bonar, deputy-solicitor of the Excise, Edinburgh.
15. Robert Smith, wright in Edinburgh, late foreman to the said William Brodie.
16. Isobel Gilmour, spouse of John Gilmour, ropemaker in West Bow, Edinburgh.
17. Daniel M‘Lean, waiter to William Drysdale, innkeeper in the New Town of Edinburgh.
18. Patrick Taylor, smith in Edinburgh.
19. Charles M‘Leod, apprentice to the said Patrick Taylor.
20. Jacobina Pearson, spouse of Hugh Macpherson, shoemaker in Duddingston, near Edinburgh.
21. John Kinnear, servant to the Earl of Abercorn at Duddingston.
22. Robert Tait, servant to the Earl of Abercorn there.
23. Isobel Wilson, spouse of Adam Robertson, wright in Duddingston.
24. John Clerk, book-keeper to William Drysdale, innkeeper in the New Town of Edinburgh.
25. David Robertson, merchant in Edinburgh.
26. John Geddes, tobacconist in Mid-Calder and county of Edinburgh.
27. Margaret Tweddle alias Geddes, spouse to the said John Geddes.
28. James Laing, writer in Edinburgh.
29. John M‘Leish, clerk to Mr. Hugh Buchan, City Chamberlain of Edinburgh.
30. George Williamson, messenger-at-arms in Edinburgh.
31. William Middleton, indweller in Edinburgh.
32. James Murray, sheriff-officer there.
33. Alexander Williamson, sheriff-officer there.
34. James Fraser, sheriff-officer there.
35. Archibald Cockburn, Esq., Sheriff-depute of the county of Edinburgh.
36. John Stewart, Sheriff-Substitute of the said county.
37. William Scott, Procurator-Fiscal of the county of Edinburgh.
38. William Augustus Wishart, clerk to the said William Scott.
39. Joseph Mack, writer in the Sheriff-Clerk’s Office, Edinburgh.
40. Alexander Fraser, grocer and change-keeper in the New Town, Edinburgh.
41. Laurence Blair, servant to Mr. Charles Hope, advocate.
42. Thomas Longlands, solicitor-at-law in London.
Ilay Campbell.
List of Assize.
1. Andrew Bonar, banker in Edinburgh.
2. Alexander Houston, banker there.
3. Robert Forrester, banker there.
4. Robert Allan, banker there.
5. Henry Jamieson, banker there.
6. John Hay, banker there.
7. William Creech, bookseller there.
8. James Carfrae, merchant there.
9. William Gillespie, merchant there.
10. William Simpson, banker there.
11. George Kinnear, banker there.
12. John Black, merchant there.
13. Francis Blair, merchant there.
14. Elphingston Balfour, bookseller there.
15. Peter Forrester, merchant there.
16. John Thomson, insurance-broker there.
17. Thomas Elder, merchant there.
18. Edward Innes, confectioner there.
19. John Balfour, merchant there.
20. William Fettes, merchant there.
21. John Milne, founder there.
22. Dunbar Pringle, tanner there.
23. Peter Robertson, goldsmith there.
24. Thomas Campbell, merchant there.
25. William Turnbull, merchant there.
26. Alexander Brown, merchant there.
27. Charles Cowan, merchant there.
28. David Paterson, insurance-broker there.
29. Francis Sharp, merchant there.
30. James Donaldson, printer there.
31. John Hutton, stationer there.
32. John Balfour, papermaker there.
33. Robert Young, upholsterer there.
34. John Learmonth, junior, tanner there.
35. Thomas Cleghorn, coachmaker there.
36. Thomas Hutcheson, merchant there.
37. James Craig, corn merchant there.
38. Alexander Bruce, merchant there.
39. Benjamin Yule, baker there.
40. William Smellie, printer there.
41. Orlando Hart, shoemaker there.
42. James Ranken, merchant there.
43. William Young, baker there.
44. William Brown, grocer there.
45. Alexander Weir, painter there.
Rob. M‘Queen.
Dav. Dalrymple.
Dav. Rae.
List of Witnesses To Be Adduced in Exculpation Of
William Brodie.
1. Robert Smith, wright in Edinburgh, late foreman to the said William Brodie.
2. George M‘Intosh, also wright, and late journeyman to the said William Brodie.
3. John Niel, also wright, and late journeyman to the said William Brodie.
4. Arthur Giles, wright in Edinburgh.
5. William Watson, wright in Canongate.
6. William Retson, or Reston, nailer, Portsburgh.
7. James Cargill, ironmonger, Edinburgh.
8. Alexander Miller, ironmonger there.
9. George Burton, ironmonger there.
10. James Goldie, ironmonger there.
11. Daniel MacLean, waiter to William Drysdale, vintner in Edinburgh.
12. George Lees, coachmaker there.
13. Alexander Fergusson, dyer there.
14. Patrick Taylor, smith there.
15. Charles MacLeod, apprentice to Patrick Taylor.
16. Agnes Finlay, spouse to Michael Henderson, stabler, Grassmarket.
17. Alexander MacKay, inner turnkey in the Tolbooth of Edinburgh.
18. James Reid, indweller in Edinburgh, and present prisoner in the Tolbooth.
19. Alexander Brodie, baker, Nether Bow.
20. James Murray, sheriff-officer.
21. Helen Alison, spouse to William Wallace, mason, Libberton’s Wynd.
22. Jane Watt, residenter there.
23. Peggy Giles, servant to—Grahame, publican at Mutton-hole, near Edinburgh.
24. Matthew Sheriff, upholsterer in Edinburgh.
Under protestation to add and eik.
Alexander Wight, for the pannel.
The diet having been called “at the instance of Ilay Campbell, Esquire, His Majesty’s Advocate, for His Majesty’s interest, against William Brodie, sometime wright and cabinetmaker in Edinburgh, and George Smith, sometime grocer there,” the Lord Justice-Clerk desired the pannels to attend to the indictment then to be read.
Mr. Norris, Depute-Clerk of Court, then read aloud the indictment, after which,
The pannels having been asked to stand up,
The Lord Justice-clerk—William Brodie, you have heard the indictment raised against you by His Majesty’s Advocate—are you guilty of the crime therein charged, or not guilty?
William Brodie—My Lord, I am not guilty.
The Lord Justice-clerk—George Smith, you have heard the indictment raised against you by His Majesty’s Advocate for His Majesty’s interest—are you guilty of the crime therein charged, or not guilty?
George Smith—Not guilty, my Lord.
The Lord Justice-Clerk then asked the counsel for the pannels if they had any objection why the said indictment should not be remitted to the knowledge of the assize.
Mr. Charles Hay—My Lords, I appear as counsel for William Brodie, the prisoner at the bar. I do not observe anything in this indictment upon which I can found an objection to the relevancy of it, and therefore I will at present confine myself to a simple denial of the charge against Mr. Brodie, and your Lordships will fall to pronounce the usual interlocutor on the relevancy, in which the prisoner will be allowed a proof of all facts and circumstances tending to his exculpation.
The Solicitor-General—My Lords, I desire to know the nature and tendency of the exculpatory evidence proposed to be adduced, in order that, in the course of leading the proof upon the part of the prosecutor, we may be prepared to meet it.
The Lord Justice-Clerk—It is not sufficient for the prisoner to deny the charge if he intends to prove any facts in exculpation; it is but fair to the public prosecutor and to the gentlemen of the jury that these should now be mentioned that they may have them in their view in the course of the trial.
The Dean of Faculty—My Lords, I likewise appear as counsel for William Brodie, the prisoner at the bar. I admit that it is fair to mention the facts which are to be insisted on in his defence; and therefore, adhering to the general denial of the crime charged, we undertake to prove that Mr. Brodie went, before eight o’clock of that night in which the Excise Office is said to have been broken into, to the house of Janet Watt, a person residing in Libberton’s Wynd, with whom he had a particular connection, and that he remained in that house from the said hour until about nine o’clock the next morning. This will be instructed by the woman herself and by other unexceptionable witnesses.
Mr. Robert Hamilton—My Lords, I appear as counsel for the prisoner George Smith. No objection appears to me upon the relevancy of the indictment, and the prisoner rests his defence upon a general denial of the facts charged, having no exculpatory proof to offer.
The Court then pronounced the following interlocutor:—
