Declarations of George Smith.
No. I.
At Edinburgh, 8th March, 1788.
The which day compeared, in presence of Archibald Cockburn, Esq., His Majesty’s Sheriff-depute of the shire of Edinburgh, George Smith, grocer in Edinburgh, who, being examined and interrogated by the Sheriff, declares,
That it is about a year and a half since the declarant came to Scotland; that he was never in it before; that he was born at Boxford, within four miles of Newburgh, Berkshire; that the declarant and his wife travelled the country of England as hawkers, with a horse and cart; that he brought a horse to this country but no cart; that, when he first came to Edinburgh, he put up at Michael Henderson’s, having heard his house mentioned by travellers in England as a traveller’s inn; that he was taken ill after his arrival in this country, and confined for about four months in Michael Henderson’s, which obliged him to send for his wife to this place; that he sent for goods from England, which he sold, as also his horse, in order to support himself.
That since he came to this country, he has frequented Clark’s in the Flesh Market Close, which is a gambling house, and in which house he was in use to meet with a variety of people, and among the rest Andrew Ainslie and John Brown; that the declarant first got acquainted both with Ainslie and Brown in Michael Henderson’s; that Ainslie gave himself out for a shoemaker, but the declarant cannot tell of what profession Brown is; that the club, as it was called, at Clark’s, as the declarant believes, has been doing little these three months past; that the declarant never played there to go very deep, and was never seen to win or lose above thirty shillings, having never taken more than that sum in his pocket alongst with him, but, upon recollection, thinks that he has won above thirty shillings; that the declarant inclines to believe that John Brown has rather been unfortunate at the club.
Declares and acknowledges that the declarant took a cellar in Stevenlaw’s Close from a woman whom he now sees in the office; that the declarant afterwards took Ainslie to the said woman and told her that this was the gentleman who was to possess her cellar; but he does not remember of calling him by the name of Campbell, or any other name; that the declarant gave the rent, which was ten shillings, to Ainslie, who gave it to the woman.
Declares that the declarant went with Ainslie to Mrs. Clark’s house in George’s Square, where Ainslie took a stable from that lady, but the declarant and Ainslie remained in the kitchen, and neither of them saw Mrs. Clark, as he thinks; that the declarant does not now recollect for what purpose Ainslie said it was he wanted to rent the stable; that the declarant saw Ainslie pay five shillings, or some such sum, as a month’s rent for the stable per advance.
And being interrogated, What was the purpose of the vice which stands in the cellar of his house?—Declares that he has had that for seven or eight years, and that he used it for putting tongues in buckles, or any thing of that sort, but he has not used it since he came to his present house; that his wife intended to have set out this day on a visit to her relations in England, and for that purpose the declarant took out for her a ticket in the mail-coach at Drysdale’s, where he exchanged a five-pound bank-note and paid for it.
Declares that the black dog now in the office belongs to a neighbour of his, but, from the declarant’s giving him now and then some bones to pick, he frequents the declarant’s house, and follows him and his wife; that the note he exchanged at Drysdale’s the declarant has had in his possession for above two months past; that he got it from a smuggler, and it was battered then as it is now. This he declares to be truth, and declares he cannot write.
Archibald Cockburn.
No. II.
At Edinburgh, 10th March, 1788.
The which day compeared, in presence of the Sheriff of Edinburgh, George Smith, formerly examined on Saturday, the 8th current, after having sent notice to the Sheriff that he wished to speak with him. Came to the office and told the Sheriff that he wished to have an opportunity of making a clean breast, and telling the truth, upon which the Sheriff informed him that, as he, the Sheriff, knew he stood in a very ticklish situation, it was his duty to let him know that whatever he told or discovered was not to be accepted of under any condition or promise whatever, or that his doing so would operate anything in his favour, and that therefore he was at perfect freedom, either to speak or hold his tongue, as he judged best. And that the said George Smith having declared that he wished to tell the truth, and communicate all the guilty scenes in which he had been concerned for some time past, since he came to the town of Edinburgh, he was desired to proceed.
Declares that, in the end of October, or beginning of November last, the declarant, in company with Andrew Ainslie and John Brown, whose real name is Humphry Moore, went to the College of Edinburgh about one o’clock in the morning. Having got access at the under gate, they opened the under door leading to the Library with a false key, which broke in the lock, and thereafter they broke open the door of the Library with an iron crow, and carried away the College mace.
Declares that the declarant has, almost since his first arrival in Edinburgh, been acquainted with Deacon William Brodie, and he saw him first at Michael Henderson’s, where he was introduced to the declarant by one Graham at the time the declarant was confined in that house; that Brodie, in the course of conversation, suggested to the declarant that several things could be done in this place, if prudently managed, to great advantage, and proposed to the declarant that they should lay their heads together for that purpose.
That, in consequence of this concert, the declarant and Brodie were in use to go about together, in order to find out the proper places where business could be done with success; that Brodie, in their walks, carried the declarant to the College Library, where, having observed the mace standing, Brodie said that they must have it; that Andrew Ainslie was afterwards sent by the declarant and Brodie to look at the Library, under pretence of calling for somebody, in order to see if the mace was always in the same place, as they suspected it might be one day in the Library and another somewhere else, which would have rendered an attempt upon the Library precarious; that Ainslie reported that the mace was in the same place that the declarant and Brodie had seen it, and, upon getting this report, the theft of the mace was committed as before mentioned.
Declares that, since the mace was stolen, as the declarant thinks, the declarant, along with Brown and Ainslie, laid a plan of breaking into John Tapp’s house and taking his money; that this business was suggested, and pressed, by Brown, the declarant rather being averse to it; that Brown told the declarant that he knew the key of Tapp’s shop opened the door of his house, and brought it to the declarant to look at, which, upon seeing, the declarant said there was nothing in it, meaning by that, that the lock to which it belonged could easily be opened.
Declares that, accordingly, soon after this, and, as he thinks, about Christmas or near to it, Brown kept Tapp in his shop drinking, and the declarant and Ainslie, betwixt nine and ten o’clock at night, opened the door of the house with a false key and took out of his drawers eighteen guinea notes and a twenty-shilling one, a silver watch, some rings, and a miniature picture of a gentleman belonging to Tapp’s wife, which picture they broke for the sake of the gold with which it was backed.
Declares that in the month of August last, as he thinks, the declarant, in company with William Brodie and Andrew Ainslie, went to a shop in Leith, which they broke into by means of two pick-lock keys, one for the padlock and another for the stock-lock; that the declarant and Ainslie went into the shop and Brodie kept watch, to give an alarm in case of danger; that from this shop they carried off two pair of wallets full of tea, which were taken from four chests; that Ainslie was ill at this time, and Brodie being weakly, Ainslie and he could scarcely manage one of the wallets, which obliged him to put it into an old press bed (as the declarant took it to be) which they found standing in a shed in a field adjoining to the Bonnington Road to Leith; that it was proposed to lodge the tea in Brodie’s, but he afterwards objected to it, which was the reason that they never inquired after it more.
That about two months ago the declarant, in company with Andrew Ainslie, broke into the shop of Inglis, Horner & Company, and took therefrom a large assortment of valuable goods, composed of silks and cambricks; that the silks were mostly black, excepting two pieces, a piece of plain white sattin, a piece of variegated ditto, and a lead-coloured silk, in quantity about ten yards, which Brown gave to a girl, an acquaintance of his, of the name of Johnston; that the silks were all sent to England, except the silk before-mentioned, a piece of black silk of about two yards and a quarter, in two odd bits, which the declarant gave to his wife to make a cloak to her child, and about twelve yards and a half of thick tweel’d black silk for gentlemen’s vests and breeches, and two yards and a half of black florentine sattin, with about six yards of cambrick.
That Brodie suggested to the declarant the doing of Inglis & Horner’s shop, as the goods there were very rich and valuable, and a small bulk of them carried off would amount to a large sum; that Brodie and the declarant went frequently to try the pad and stock-lock of Inglis & Horner’s shop, and they did so most commonly on the Sunday forenoon, when the people were in church; that the padlock was of a difficult construction, and was opened at last by a key of the declarant’s own making; that Brodie made one that did it also, and he on one occasion went by himself with his key and unlocked the padlock, but could not lock it again, upon which he came to the declarant and told him what he had done, which he did also to Ainslie and Brown; that they were all very angry with him, and said that he had more than likely spoilt the place after all the trouble they had been about, but Brodie told them he hoped not, as he had fixed the padlock with a bit stick in a way that it would not be discovered, and, upon looking at the place afterwards, which they all did, they found the lock to be just as it was.
Declares that on Wednesday evening, the 5th instant, the declarant, along with William Brodie, John Brown, and Andrew Ainslie, between the hours of eight and ten o’clock at night, broke into the Excise Office and carried off from that about sixteen pounds, consisting of two five-pound notes, four guinea notes, one twenty-shilling note, and about seventeen shillings and sixpence in silver; that this money was divided among them, and Brodie received his share.
That Brodie first planned the Excise Office, and repeatedly carried the declarant there under pretence of calling for Mr. Corbett from Stirling, and other people, in order to learn the situation of the place, and, on one of these occasions, the declarant observed the key of the outer door hung upon a nail near by it, and, without taking it down, he clapped some potty upon it, and carried away the wards; that Brodie took a drawing of the wards of that key, which the declarant thinks he has in his possession; that Brodie told the declarant how to get into the cashier’s desk, and where the money lay, which was in two places, and in each of these places some money was found; that Brodie came to the knowledge of these circumstances, by being present, when Mr. Corbett, from Stirling, who is a connection of Brodie’s, drew money at the cashier’s office.
That, when they broke into the Excise Office, the outer door was opened by a key which the declarant had filed from the pattern before-mentioned; that the plan of accomplishing this business was as follows:—Ainslie was to keep on the outside of the office, hanging over the palisadoes in the entry with a whistle of ivory, which was purchased by Brodie the night before, with which, if the man belonging to the Excise Office came, he was to give one whistle, and if any serious alarm was perceived he was to give three whistles, and then make the best of his way to the Excise gardens in the Canongate in order to assist the declarant, Brodie, and Brown to get out at the back window of the hall, it being determined in case of surprise to bolt the outer door on the inside and make the best of their way by the window.
That Ainslie was armed only with a stick, which he left somewhere in the court, and which stick was purchased by the declarant; that Brodie had a brace of pistols, the declarant a brace and a half, and Brown a brace, which the declarant borrowed from Michael Henderson; that these arms were all loaded with double balls, as they were determined not to be taken, whatever should be the consequence.
That the declarant and Brown were told afterwards by Brodie and Ainslie that a person had come running down the court and gone in at the outer door and upstairs; that upon this Ainslie had given the alarm by a whistle, as was agreed upon, and made the best of his way, but none of them in the inside heard the whistle, at least neither Brown nor the declarant did, and Brodie said he did not; that when the door opened Brodie was standing behind it, and, upon the person’s running up stairs, Brodie made off; that the declarant and Brown, when in the cashier’s room, heard the outer door open, but, trusting to Brodie’s being at the door and staunch, they did not mind it; that the declarant and Brown, when coming out of the cashier’s office, heard a person coming hastily down stairs, which made them stop or they must have met him; that upon this the declarant said to Brown, “Here must be treachery; get out your pistols, and cock them,” which they did accordingly; that upon coming to the outer door they found it shut, the declarant and Brown having seen the person that came down stairs smash the door after him when he went away.
That the declarant and Brown went down into Young’s Street, where Brown gave the declarant a small crow, with some wedges, and a shirt, as also a large chissel; that the chissel and the shirt were given to Brodie afterwards, with the bank-notes, the declarant’s dark lanthorn, and two bottles, which they had carried off from the Excise Office, and took for wine; that the key with which the outer door was opened, the crow, and a pair of curling irons with which the outer door of the cashier’s room was opened, were all hid by the declarant in a wall between the Earthen Mound and the North Bridge.
That, in virtue of repeated observations, it was discovered that two men watched the Excise Office time about, and Ainslie and Brown found out that from eight to ten o’clock at night there was commonly no man in the Excise Office, which was the reason of the thing being done at that time.
That it was concerted by Brodie, in case of interruption, by the man coming into the office before the business was accomplished, to conceal themselves quietly until he was gone to rest, and then to secure him; and they were, if this happened, to personate smugglers who came in search of their property that had been seized, and the declarant had a wig of Brodie’s father’s in his pocket in order to disguise himself; that the wig and scarf and small wedges were left in the second arch from the south of the North Bridge; that the scarf was within the wig.
That Brodie, after having been in the Excise, where he had on black clothes, went home and changed them to his ordinary dress, of a marbled colour, and a round hat; and that Brodie told the declarant that his sister had remarked him changing his dress in such a hurry.
That there is in Brodie’s house a horse-pistol belonging to the declarant, as also a very large, remarkable key, which Ainslie and Brodie stole from the Abbey when there was a sale there; that Brodie has a parcel of keys of different sorts, which he has been altering, and among them is the key which he had made for Inglis & Horner’s padlock; that, in Brodie’s bedroom, there is a chest containing a false till, in which the declarant inclines to think some of Brodie’s false dice and other things leading to a detection of his guilt may be found.
That the College mace and Tapp’s watch were sent to Chesterfield, under the direction of William Ward, at William Cowley’s, “Bird in Hand,” Chesterfield, Derbyshire, to which place, and at which time, the rings taken from Tapp and the gold from the miniature picture were also sent; that a private letter was wrote by Brown, as he thinks, to one Tasker, formerly of this place, and whose real name is Murray, a man of bad character, which letter had no name at it but only a G. and S., and a stroke for each of the other letters in the declarant’s name; that the pocket-book taken from Tapp’s, with the money, was thrown by Ainslie and the declarant into a deep piece of water to the south of the Meadows.
That the goods taken from Inglis & Horner’s shop were sent to Chesterfield in trunks, one of which was purchased by the declarant and another by Ainslie; that the declarant knows the places where they were purchased, and will point them out.
That the first trunk went from this by the Berwick carriers three weeks ago on Wednesday next; that the goods were removed from a cellar, in which they were originally put, in Stevenlaw’s Close, taken for the purpose, notwithstanding of what was said by the declarant in his declaration of Saturday last; that Ainslie went and brought a porter from the street, who received the goods from the declarant and Ainslie half-way or more up Burnet’s Close, where Brown and Ainslie lodged, near the bottom; that the porter had no creel, but only ropes, with which he tied the trunk upon his back; and Ainslie followed him and saw him carry and deliver it to the Berwick carrier’s quarters, for which he received sixpence.
That the second parcel of the above goods were sent under the direction of Elizabeth Scott or Sprott, at William Cowley’s, “Bird in Hand,” Chesterfield, and the reason of putting this was because the initials of her name were upon the top of the trunk; that no letter was wrote to Tasker or Murray about the last parcel of goods, as the declarant’s wife was to have left this on Saturday last, and the declarant told her he had some goods for her to dispose of at Chesterfield; but she knew nothing how the goods were obtained, and is entirely innocent of any participation or knowledge of his crimes.
Declares that Brodie brought with him to the declarant’s house, a day before, as he thinks, the Excise Office was robbed, a coil of ropes, new, which he either had in his possession or must have bought, as also a strong chissel with a brass virral, and two pieces of wax taper; that the brass chissel is, as the declarant believes, now in Brodie’s shop or house.
That the coulter with which the inner door of the Excise Office was broke open, and two iron wedges, were taken from a plough by Brown and Ainslie near to Duddingston, as they said, the Friday before; and the declarant makes no doubt but a black dog, Rodney, might be with them, which used to follow the declarant and them; that the coulter and wedges were left in the cashier’s office, and were concealed in Salisbury Crags from the time the coulter was taken away to the time the Excise Office was broke. This he declares to be truth.
And further declares that the ropes brought by Brodie, as before mentioned, are in the declarant’s house, as also a vice and files and a spring-saw, with which the declarant used to make and alter keys; that the saw the declarant got from Brodie about five or six months ago; that the declarant, before this, bought a saw, with a pair of large pincers, at a hardware shop below Peter Forrester’s, on the High Street, and the declarant inclines to think that Brodie bought his saw at the same place; that in the declarant’s drawer, along with the said saw and files, there will also be found a keyhole saw, which was bought and given to the declarant by Brodie.
This he also declares to be truth; and declares that the declaration emitted by him on Saturday last, so far as is inconsistent with the present, is not true.
George Smith.
Archd. Cockburn.
No. III.
At Edinburgh, 19th March, 1788.
The which day compeared, in presence of Archibald Cockburn, Esq., advocate, His Majesty’s Sheriff-depute of the shire of Edinburgh, George Smith, present prisoner in the Tolbooth of Edinburgh, who, being examined, declares,
That the small crow, the false key, and the curling tongs, now shown to him, are the same that were found by the declarant, William Middleton, A. Williamson, and J. Murray, in an old dyke on the 16th instant, and the label annexed to them is signed by the declarant as relative hereto, of this date.
Declares that the said crow was carried to the Excise Office for the purpose of opening the desks in the cashier’s room; that the said false key is the one that opened the outer door of the Excise Office, and the curling tongs were squared at the point by the declarant and taken to the Excise Office for the purpose of opening the spring latch of the outer door of the cashier’s room, which it did.
And, being shown a coulter and two wedges, declares that he believes they are the same that were used in forcing open the inner door of the cashier’s room in the Excise Office and were left there.
And, being also shown a spur, with the upper leather at it, declares that it belonged to William Brodie; and the declarant tore the end of the leather in order that it might appear, when found, to have dropped from the foot by its being torn by accident by the buckle; that Brodie brought the said spur to the declarant’s house, and from thence it was taken to the Excise Office, on purpose that it might be left there, to make it believed it had been done by some persons on horseback; that the spur was left in the Excise Office by John Brown, as the declarant was told by him upon the declarant’s questioning him if he had done it, and the label annexed to the spur is signed by the declarant as relative hereto, of this date.
And, being shown a parcel of ropes which the declarant is now told were found in his house, declares that the declarant has no doubt but that they are the same ropes which were brought to the declarant’s house by Brodie, and, after being knotted into a ladder, were carried to the Excise Office by the declarant, brought from thence by him, and unknotted again in the declarant’s house, in which case he now sees they are.
And, being shown a pick-lock, which the declarant is informed was found in William Brodie’s counting-room in the shop, declares that it is the same which William Brodie gave to the declarant in his own house before they went to the Excise Office, and which Brodie wanted to fasten with some nails, as the handle of it went round when the pick-lock was much pressed; declares that the declarant carried that pick-lock to the Excise Office, and, after they had left it, it was returned by the declarant to Brodie when under the arch of the North Bridge, where Brodie’s father’s wig, the scarf, and wedges were left, as mentioned in his declaration of the 10th instant; and the label annexed to the said pick-lock is signed by the declarant as relative hereto, of this date.
And being shown a black case, with a lid to it, the case full of potty, declares that it was found, as the declarant thinks, in Mr. Brodie’s drawers by the declarant and George Williamson on Monday, the 10th instant; that the declarant had often seen the said case, with potty in it, before in Brodie’s possession when in the declarant’s house, and the declarant approved of Brodie’s keeping the potty in a case, as the lid prevented an impression of a key when taken from being defaced; and the said case and potty having now a label annexed to it, the same is signed by the declarant as relative hereto, of this date.
And, being shown a five-pound note, declares it is the same five-pound note which the declarant carried to Drysdale’s and changed there, to purchase his wife a ticket in the Newcastle stage; that the declarant believes it to be one of the five-pound notes taken from the Excise Office, they being both of the Glasgow Bank, but the other five-pound note was not ornamented with the same colour with the one now shown to him; that the notes were pasted on the back by Brodie, and the one now produced is signed by the declarant on the back as relative hereto, of this date.
And being shown a parcel of keys, declares that they are the same which were pointed out by the declarant concealed in Salisbury Crags, on the 7th instant, to William Middleton, Alexander Williamson, and James Murray, and the label annexed to them is signed by the declarant as relative hereto, of this date. Declares that among this parcel there is the false key which opened the outer door of Inglis & Horner’s shop, to which the declarant now sees a label annexed, and which is signed by him as relative hereto, of this date.
And being shown a parcel of keys which were found by the declarant and George Williamson upon the 10th current, declares that the double clank among the said parcel was brought by the declarant from Sheffield, and given to Brodie, the reason of which was for fear it should be found in the declarant’s possession and thereby create suspicion, but it was not likely to be discovered in Brodie’s. Declares that the heads and stalks of two keys in the said parcel were cut from old keys by Brodie, and were intended to be finished for the purpose of opening the spring latch of the outer door of the cashier’s room in the Excise Office; that a false key in the said parcel, finished, was made by Brodie for the purpose of opening the door of the Chamberlain’s cash room of the city of Edinburgh; and to the said double clank, the heads and stalks of two keys for the Chamberlain’s room, the declarant sees labels annexed, of this date, and are signed by the declarant as relative hereto. The declarant and Brodie had frequently been at the door of the Chamberlain’s office, in order to take the impression of the keyhole; that Brodie showed the declarant the said key after it was made, and Brodie told the declarant that it did not answer.
And being shown two parcels of keys, with labels annexed to them, and two pieces of black stockings, declares that they are the property of the declarant, and were concealed by him in Salisbury Crags, and the labels annexed to them are signed by the declarant and Sheriff as relative hereto, of this date.
And being shown two trunks, declares that they are the same two trunks that were purchased by the declarant and Andrew Ainslie; that the round one was purchased by the declarant from a man opposite to Todrick’s Wynd, whom he saw this day in the office, for which the declarant paid three shillings, and the other was purchased by Ainslie from a man nearly opposite to Richardson’s, the smith, in the Cowgate; that the declarant first bargained for it himself, but the declarant afterwards sent Ainslie, who bought it for five shillings and sixpence, or six shillings.
That the goods taken from Inglis & Horner’s shop were put into the said two trunks, sent to the said Berwick carrier’s quarters, and to the Newcastle waggoner’s, as mentioned in his former declaration; that the direction on the round trunk is, as he believes, of the handwriting of Ainslie, and the direction upon the other of the handwriting of Brown, of which he is certain. All which is truth, &c.
George Smith.
Ar. Cockburn.
No. IV.
At Edinburgh, 17th July, 1788.
The which day compeared, in presence of the Sheriff-Substitute of the shire of Edinburgh, George Smith, late grocer, Cowgate, now prisoner in the Tolbooth of Edinburgh, who being examined and interrogated, declares—
That on the 10th of March last the declarant was carried to Mr. Brodie’s yard and workshop by Alexander and George Williamson, in order to point out a place where it was supposed some false keys, which Mr. Brodie had, were hid.
That in the under workshop, and in the bottom of a vent which was used as a fireplace for melting the glue, the declarant, when digging for the false keys, found a little under ground a pair of pistols wrapped in a piece of green cloth, which the said Alexander and George Williamson took into custody, and lodged in the Sheriff-clerk’s office.
That the declarant saw the said pistols and piece of green cloth yesterday in the Sheriff-clerk’s office, and knew them to be the same that were found as above, and the reason of the declarant’s knowing them was, that he had these pistols in loan from Mr. Brodie for a considerable time; and the declarant had the said pistols with him when the Excise Office was broke into on the evening of the 5th of March last.
Declares that the same evening, after breaking into the Excise Office, the declarant delivered the pistols to Mr. Brodie, being afraid of taking them to the declarant’s house in case of a search. This he declares to be truth.
George Smith.
John Stewart, Sh. Subst.
Declaration of William Brodie.
At Edinburgh, this 17th July, 1788.
The which day compeared, in presence of Archibald Cockburn, Esq., advocate, His Majesty’s Sheriff-depute of the sheriffdom of Edinburgh, William Brodie, wright and cabinetmaker in Edinburgh, who being examined and interrogated by the Sheriff, declares—
That he does not at present recollect the name of the vessel in which the declarant went from the river Thames to Holland in the month of April last; that is, in which he arrived at Holland in April last.
That, before he left the vessel, he gave some letters, at present he does not recollect the number, written by himself, to one Geddes, a passenger on board the vessel.
And being shown a letter directed to Michael Henderson, signed W. B., dated Thursday, the 10th of April last, declares that he cannot say that the letter was not wrote by him and given to Geddes.
And, being interrogated, if one of the letters given to Geddes was not directed to Mr. Matthew Sheriff, upholsterer in Edinburgh, and signed John Dixon, dated Flushing, Tuesday, the 8th of April, 1788?—Declares that the declarant cannot give any positive answer to that question, and he does not suppose he would have signed any letter at that time by the name of John Dixon, especially as he had wrote some letters at the same time, and given them to Geddes, signed by his initials W. B.
Declares that the declarant, when taken into custody at Amsterdam, on the 26th of June last, went by the name of John Dixon.
Declares that the declarant first became acquainted with George Smith in Michael Henderson’s a long while ago, when Smith was indisposed and bedfast there; that the declarant has been in George Smith’s house in the Cowgate. And being interrogated, declares that he cannot say positively whether he was in Smith’s house any day of the week before the declarant left Edinburgh, which, to the best of the declarant’s recollection, he did upon the 9th of March last, and upon a Sunday, as he thinks.
Declares that, having received a message that some person in the jail of Edinburgh wanted to see him, he went there and found it was either Smith or Ainslie who had been inquiring for him; but the declarant, when going there, was told by the keeper that neither Smith nor Ainslie could be seen; and that this was the night preceding his departure from Edinburgh.
Being interrogated, If reports had not been going of the Excise Office having been broke into the week before the declarant left Edinburgh, if he, the declarant, would have taken that step?—declares that it was not in consequence of that report that he left Edinburgh, but that the declarant, being acquainted with Smith and Ainslie, then in custody, did not know what they might be induced to say to his prejudice, was the cause of his going away.
Declares that the declarant has frequently been in company with John Brown, alias Humphry Moore (as is reported to be his real name), Andrew Ainslie, and George Smith, and drank with them.
And, being shown three letters, one dated Thursday, 10th April, 1788, directed to Mr. Michael Henderson, Grassmarket, signed W. B.; another dated Flushing, Tuesday, 8th April, 1788, directed to Mr. Matthew Sheriff, upholsterer in Edinburgh, and signed John Dixon; another, dated Thursday, 10th April, 1788, directed to Mrs. Anne Grant, Cant’s Close, Edinburgh, signed, W. B., and, desired to say whether or not the said three letters are holograph of the declarant?—declares that he does not incline to give any positive answer, the appearance of writing varies so much. This he declares to be truth.
Will. Brodie.
Arch. Cockburn.
Copy of a Letter from William Brodie, under the name of John Dixon, to Mr. Matthew Sheriff, upholsterer in Edinburgh.
Flushing, Tuesday, 8th April, 1788,
12 o’clock forenoon.
My dear Friend,
Sunday, the 23rd ult., I went on board a ship cleared out for Leith, but by a private bargain with the captain was to be landed at Ostend. I have been on board ever since the 23rd. Most of the time we lay aground a little below Gravesend. Owing to thick weather and cross wind, we are obliged to land here; but this afternoon I will set off, by water, for Bruges, and then for Ostend (so I begin my travels where most gentlemen leave them off), where I shall remain, for some time at least, until I hear from Mr. Walker; and, indeed, I will require three weeks to recruit, for I have suffered more from my sore throat than sufficient to depress the spirits of most men. There was for twenty days I did not eat ten ounces of solid meat; but, thank God, I am now in a fair way. My stock is seven guineas, but by I reach to Ostend will be reduced to less than six. My wardrobe is all on my back, excepting two check shirts and two white ones, one of them an old rag I had from my cousin Milton, with an old hat (which I left behind), my coat, an old blue one, out at the arms and elbows, I also had from him, with an old striped waistcoat, and a pair of good boots. Perhaps my cousin judged right, that old things were best for my purpose. However, no reflections; he is my cousin, and a good prudent lad, and showed great anxiety for my safety; rather too anxious, for he would not let me take my black coat with me, nor Mr. Nairn’s great-coat, which makes me the worse off at present; but I could not extract one guinea from him, although he owes me twenty-four pounds for three years past. He turned me over to Mr. Walker, who supplied me with twelve guineas. He is a gentleman I owe much to. I wish I may ever have it in my power to show my gratitude to him and Mr. Nairn. Had Milton been in my place, and me in his, my purse, my credit, and my wardrobe, my all, should have been at his disposal. However, let not this go farther, lest it should have an appearance of reflection upon a worthy man. He cannot help his natural temper.
I would have wrote to Mr. Nairn, but for certain reasons I believe it is not proper at present. Please to communicate this to him. And I beg that everything may be sent to me that you, Mr. Nairn, and my sisters may think useful to me, either in wearing apparel, tools, or even a small assortment of brass and iron work. Please send my quadrant and spirit level; they lie in a triangular box in my old bedroom. My brass-cased measuring line, and three-foot rule, my silver stock buckle, it is in the locker of my chest, and my stocks, they will save my neckcloths. If my sister pleases to send me some hand towels, they will be serviceable to me, whether I keep a house or a room.
I most earnestly beg of Mr. Nairn that my remittances be as liberal as possible; for without money I can make but a poor shift; for, you must think, my days for hard labour is near expiring, although, with my constitution, I may be able to carry on business for many years, and perhaps with success.
I have not yet received the trunk with my shirts and stockings, but will write Mr. Walker to forward it to Ostend, where I will be under the necessity of buying some things. And I hope by the time I come to New York I will have some things waiting me there. Whether it is best to send them by the Clyde or Thames, you and Mr. Nairn will judge best. And I hope to have a long letter from each of you, and one from my sister Jeany; and your’s will include your wife’s. They may be put in with my things, and any other letters my friends are pleased to send. Direct for Mr. John Dixon, to the care of the Revd. Mr. Mason, at New York. I am not sure of settling there, but will make for it as soon as I can.
I have no more time, the boat just going off for Bruges or Ostend.
I am,
Dear Sir,
Yours for ever,
John Dixon.
Wrote on the back thus—
Let my name and destination be a profound secret, for fear of bad consequences.
(Addressed) Mr. Matthew Sheriff, Upholsterer, Edinburgh.
Copies of two Letters, upon one sheet of paper, from William. Brodie to Mr. Michael Henderson.
Thursday, 10th April, 1788.
Dear Michael,
I embrace this opportunity of writing you, and I make no doubt but it will give you, Mrs. Henderson, and a few others satisfaction to hear that I am well.
Were I to write you all that has happened to me, and the hairbreadth escapes I made from a well-scented pack of bloodhounds, it would make a small volume.
I left Edinburgh Sunday, the 9th, and arrived in London Wednesday, the 12th, where I remained snug and safe in the house of an old female friend until Sunday, 23rd March (whose care for me I shall never forget, and only wish I may ever have it in my power to reward her sufficiently), within 500 yards of Bow Street. I did not keep the house all this time, but so altered, excepting the scar under my eye, I think you could not have rapt[14] to me. I saw Mr. Williamson twice; but, although countrymen commonly shake hands when they meet from home, yet I did not choose to make so free with him, notwithstanding he brought a letter to me; he is a clever man, and I give him credit for his conduct.
My female gave me great uneasiness by introducing a flash man to me, but she assured me he was a true man, and he proved himself so, notwithstanding the great reward, and was useful to me. I saw my picture[15] six hours before exhibited to public view, and my intelligence of what was doing at Bow Street Office was as good as ever I had in Edinburgh. I left London on Sunday, 23rd March, and from that day to this present moment, that I am now writing, have lived on board a ship, which life agrees vastly well with me. It is impossible for me at present to give you my address, but I beg you will write me, or dictate a letter to Thom, and let it be a very long one, giving me an account of what is likely to become of poor Ainslie, Smith, and his wife; I hope that neither you, nor any of your connections, has been innocently involved by those unfortunate men, or by that designing villain Brown; I make no doubt but he is now in high favour with Mr. Cockburn, for I can see some strokes of his pencil in my portrait. May God forgive him for all his crimes and falsehoods. I hope in a short time to be in Edinburgh, and confute personally many false aspersions made against me by him and others. Write me how the main went; how you came on in it; if my black cock fought and gained, &c., &c. As I can give you no directions how to write me, you’ll please seal your letter, give it to Robert Smith, and he will deliver it to my sister, who will take care that it be conveyed safe to me wherever I may happen to be at the time, for I will give such directions that everything that is sent to me shall be forwarded from place to place until it come to my hand. I have lived now eighteen days on board of ship, and in good health and spirits, although very bad when I came on board, having my tongue and throat in one ulcer, not a bit of skin upon either, and the medicines I took in my friend’s and by her direction (for she is one of experience), just beginning to operate; but I found it necessary, at all events, to remove, so I underwent a complete salivation on board ship. During all my trials since I left Edinburgh, my spirits nor my presence of mind never once forsook me, for which I have reason to be thankful. My best compliments to Mrs. Henderson, and I will order payment of the two guineas as soon as I have accounts from the gentleman I have intrusted with my affairs; let her not be anxious about it, for, if I live, it shall be paid.
Dear Michael,
I am very uneasy on account of Mrs. Grant and my three children by her; they will miss me more than any other in Scotland; may God, in His infinite goodness, stir up some friendly aid for their support, for it is not in my power at present to give them the smallest assistance; yet I think they will not absolutely starve in a Christian land where their father once had friends, and who was always liberal to the distressed.
I beg you will order the inclosed to be delivered into her own hand; and I will take it kind if Mrs. Henderson will send for her and give her good advice. I wish she may be enabled to keep what little furniture she has together.
I think she should endeavour to get her youngest daughter Jean sent to Aberdeen to her friends, where she will be well brought up, and I will order an yearly board to be paid for her, perhaps six pounds per annum; it will be an ease to Mrs. Grant, and better for the child. My eldest daughter Cecill should be put apprentice to the milliner or mantua-making business; but I wish she could learn a little writing and arithmetic first. I wish to God some of my friends would take some charge of Cecill; she is a fine, sensible girl, considering the little opportunity she has had for improvement. I have been now eighteen days on board, and I expect to land somewhere to-morrow. The ship rolls a good deal, and it is with some difficulty I get this wrote, and my paper being exhausted I shall conclude this epistle. Please make my compliments to Mr. Clark, and a few other friends, and in particular, to Mr. Balmano, and acquaint him I glimed the scrive[16] I had of him. He is a gentleman I have a great regard for. Pray do not forget writing me a long letter. I am,
Dear Michael,
For ever your’s.
W. B.
Pray do not show this scroll to any but your wife.
(Addressed) Mr. Michael Henderson, Grass-market, Stabler, Edinburgh.
Copy of a Letter or Unsigned Scroll, in the handwriting of William Brodie, and founded on in the Indictment, marked No. 1.
My dear Sir,
By short instructions sent me when I left London, which I think were drawn up in my cousin Milton’s hand, I was forbid writing to any one in Britain, Mr. Walker excepted, for a year or two; but this order, if necessary, I find it not easy for me to comply with, for I must correspond with my friends in whatever part of the globe I am, and I hope they will do so with me, and write them when an opportunity offers. I have gone through much, in every sense of the word.—J. D. and M.
I wrote Mr. Walker from this the 12th current. I received an answer the 18th, and wrote again the 23rd current, and upon receiving his next I hope to be enabled to embark in the first ship for America, to whatever port she is bound, which will probably be Charlestown, South Carolina, as there is a ship lying-to for that port; and notwithstanding the climate is very hot, and not so salutary to British constitutions, especially at the time I will arrive, which will be about the dog days. I will settle there if I think I can do better than at Philadelphia or New York. Longevity to me is now no object; but, at any rate, I will be at New York, and I hope to find there letters, and, if possible, some clothes and tools, otherwise I will be badly off indeed.
It grieves me to hear my creditors were so rigorous hasty, but well pleased on hearing the deed and conveyance had the proper effect. I hope all my creditors will be paid, and a reversion, which can be no object to the Crown. Were an application made to the Solicitor, and, if needful, a supplication in my name to his mother, and uncle the Treasurer, perhaps it might be a means either of quieting or getting easier through the threatened suit with the Crown; but this is only my idea.
At any rate, if my clothes and tools must go to sale, a proper assortment of tools, put into my best chest, might be put up in one lot, and my wearing apparel and linens in another lot. They are worth more to me than any one, and I think few in Edinburgh will bid for them if known they are designed for me; but if any one bids their value, in God’s name let them have them, otherwise I hope they will be bought for me. I wish it were possible for me to know, before I left this, if I might expect them at New York; if otherwise, I will be under an absolute necessity of laying out what little money may remain, after paying my passage and clearing my board and lodging here, to my last shilling, and buying a few necessaries, otherwise I will land almost naked; and, if possible, to reach a few tools, both of which, I am informed, are 50 per cent. dearer in America than here.
I received from Mr. Walker, in all, £12 16s., and he would pay something for three days I slept in Mr. Rose’s, though I am at present three guineas in debt to my landlord, and not a stiver in my pocket for four days past. This is the dearest place I was ever in.
I beg I may hear from you when at New York, and, if directed to Mr. John Dixon, to the care of the Reverend Dr. Mason, I will certainly receive it (as I know no other name there to desire you to direct it to), for I will certainly call there, whatever part I land or settle in, in expectation of letters, &c., and, in particular, a long letter from you, in which please answer the following questions without reserve. I am prepared to hear the worst:—How does my dear sisters keep their health? I hope the shock of my departure, and what followed, has not injured either of them in health. How did they stand it? Where does my sister Jeany live? I hope there is no alteration in Mr. Sheriff’s friends to my dear Jamie. If money is an object, it is all in his favour. How is Mr. and Mrs. Grant, and Mr. William, to whom I am for ever much obliged for settling my passage. It was a deep cut, but the more I am obliged to him and shall never forget it. He is a feeling and a generous gentleman.
I am sorry I cannot say so much of my cousin Milton, although he, too, was anxious for my off-going. How does my uncle and Mrs. Rintoull keep their health? From his conduct and repeated expressions, I never had much reason to expect anything from him, but now far less, although I be more needful. I believe few at my age ever went out more so. At present I am destitute of everything. I can put every article I have upon my back, and in my pocket. How does Mrs. Campbell and her son’s family?
Who were the most forward of my creditors to attach? How does my affairs turn out in the whole? If Robert Smith is employed, has he been active and attentive? He would need to be looked after, although he may be useful; and any news or alterations relating to my friends that may have happened.
What has been done, or likely to be done, with the two unfortunate men, Smith and Ainslie, and the greater villain, John Brown alias Humphry Moore? Was John Murray alias Jack Tasker brought from England?
Whatever these men may say, I had no hand in any of their depredations, excepting the last, which I shall ever repent, and the keeping such company, although I doubt not but all will be laid to me. But let me drop this dreadful subject.
[Signed with the following initials]:—
S. W., T. L., R. S., J. M., J. S.
Copy of a Letter or Unsigned Scroll, in the handwriting of William Brodie, founded on in the Indictment, marked No. 2.
Pray write me what is become of Anne Grant, and how is her children disposed of. Cecill is a sensible, clever girl, considering the little opportunity she has had of improving. My dear little Willie will be, if I can judge, a brave and hardy boy.
Jean is her mother’s picture, and too young to form any opinion of.
What has become of Jean Watt? She is a devil and a ——. I can form no opinion of Frank or his young brother; but pray write me how they are disposed of.
If you please, write me what is become of the two unhappy men, Smith, and his wife, and Ainslie. Are they yet? Is their trial come on? and the greater villain John Brown alias Humphry Moore? I shall ever repent keeping such company, and whatever they may alledge, I had no direct concern in any of their depredations, excepting the last fatal one, by which I lost ten pounds in cash; but I doubt not but all will be laid to my charge, and some that I never heard of.
[The following is written at the foot of the page:—]
I often went in a retregard. I have been all my life in a reteregard motion.
[What follows is written on the other side.]
Does Mr. Martin stand his bargain? Is any of my late property sold? Who is making out my accounts? Has Robert Smith been useful and active in my affairs? He is double and would need looking after.
Perhaps, in the course of making out and settling my accounts, some questions may occur that I may solve. If there is any such, please write them down, and I will answer them in course. Has any settlement taken place with Mr. Little? I am afraid my affairs will be a laborious task to you; but I hope all my creditors will be paid, and a reversion.
If all my moveables are not yet sold, I beg my clothes and linen, and a set of useful tools may be preserved for me; they are worth more to me than another.
I wrote more fully some time ago to Mr. Walker on this head, and also Mr. Sheriff, the 8th April; but I know not if he received it. Pray let me know if he did, and how he stands affected towards me. Whatever be his sentiments, I shall always esteem him and regard him as my brother, but I shall never write another friend until I hear from you, and have your opinion how they will take it.
Pray, did Captain Dent ever make any discovery who I was when he arrived at Leith.
[Signed with the following initials]:—
J. L., J. M., R. S., J. S.
COPY OF AN ACCOUNT OR STATE, IN THE HANDWRITING OF WILLIAM BRODIE,
FOUNDED ON IN THE INDICTMENT.
(Hitherto Unpublished.)
A State of my Affairs as near as I can make out at present from Memory, having no other Assistance.
Copy of a Letter from Messrs. Lee, Strachan & Co., merchants in London, to Messrs. Emanuel Walker & Co., merchants in Philadelphia.
London, 1st May, 1788.
Messrs. Emanuel Walker & Co.
Sirs,
You will please to supply the bearer, Mr. John Dixon, with cash to the amount of fifty pounds sterling, taking his bill on Mr. William Walker, attorney in the Adelphi, London, for the same, which will be duly honoured, and oblige,
Sirs,
Your most obedient
Humble Servants,
Lee, Strachan & Co.
Messrs. Emanuel Walker & Co., Philadelphia.
Evidence for Defence.
[The counsel for Mr. Brodie here observed that the object of the exculpatory proof was to show that, on Wednesday, the 5th of March last, the night on which the robbery of the Excise Office was committed, Mr. Brodie was otherwise employed the whole of that afternoon and evening, which, if established, excluded the possibility of his being concerned in that robbery.]
Matthew Sheriff
1. Matthew Sheriff, upholsterer in Edinburgh, called.
The Lord Advocate—My Lords, this gentleman is the brother-in-law of the prisoner, and therefore is certainly a very improper witness. I am at all times very averse to object to a witness adduced for a pannel, but I thought it my duty to mention the fact to your Lordships, and to leave it with you to determine whether or not this gentleman’s evidence ought to be received.
Mr. Wight, for William Brodie—My Lords, this is the first time I have ever heard that a brother-in-law is not a competent witness in a criminal trial. This gentleman being brother-in-law to the pannel, is a circumstance which may, and which perhaps ought, to be attended to, as affecting his credibility, if his testimony stands contradicted by other proofs; but it is surely no objection to his admissibility.
The Lord Justice-clerk—What do you mean to prove by this witness?
Mr. Wight—My Lord, I mean to prove that he was in company with the prisoner until about eight o’clock of that night on which the robbery is said to have been committed.
The Lord Justice-clerk—You may call him in. The circumstance of his being brother-in-law to the pannel will no doubt go a great length to discredit his testimony, in so far as it may be contradictory of other evidence; but this will fall to be considered by the jury when they come to judge of the proof brought by both parties.
[The witness was then called in and sworn.]
Witness—I know that the prisoner left Edinburgh in March last, and I think it was on the 9th of March, the Sunday after the Excise Office was broke into. I dined with him in his own house on the Wednesday preceding—the 5th of March. I think I went there to dinner about a quarter before three
Charles Hay (afterwards Lord Newton).
(After Kay.)
o’clock.[17] Mr. Brodie was then at home. I was in his house from dinner until within a few minutes of eight o’clock at night. There was present at dinner in company a stranger gentleman whose name I do not know, the prisoner’s two sisters, and an old lady, his aunt. We drank together from dinner to tea, which I think was brought in about six o’clock, and then the stranger gentleman went away. We sat in the same room all the while I was there. Mr. Brodie was dressed in lightish-coloured or grey clothes. Before I came away, Mr. Brodie pressed me to stay supper with him, but I declined his invitation, saying I was engaged. When I came away, I left Mr. Brodie in his own house. I went directly from his house to my own house in Bunker’s Hill.[18] Mr. Brodie dined with me next day (Thursday), and remained with me in my house from three o’clock until eleven o’clock at night.[19]
Cross-examined by the Lord Advocate—What was the gentleman’s name who was in company with you?
Witness—I do not know; I do not remember his name.
The Lord Advocate—Did you hear his name mentioned?
Witness—I may perhaps have heard him named while at table with him, but as he went away early in the evening, and as I had no reason at the time to pay any particular attention to his name, it has escaped me.
The Lord Advocate—When did you sit down to dinner?
Witness—We sat down to dinner about three o’clock.
The Lord Advocate—Are you sure Mr. Brodie did not leave the room from dinner until you parted with him?
Witness—I am certain Mr. Brodie did not leave the room.
The Lord Advocate—Did you, on your way home, hear any clock strike or bell ring? or how do you know that it was precisely a few minutes from eight o’clock when you left Mr. Brodie?
Witness—I do not remember to have heard any clock strike or bell ring on my way home, but I had a clock in my house and a watch in my pocket. I am sure that I reached my own house within a few minutes of eight, either before or after it, and I had occasion to remark the hour from Mr. Brodie being so immediately afterwards accused of having that night broke into the Excise Office, a thing which I did not then, and which I do not yet, believe.
Jean Watt
2. Jean Watt, residenter in Libberton’s Wynd, called in and sworn.
The Lord Advocate—I wish to know from this woman whether or not she is married. (To witness)—Are you married?[20]
Witness—No; I am not married.
[The examination was then allowed to proceed.]
I am well acquainted with the prisoner, William Brodie. I remember that on Wednesday, the 5th of March last, Mr. Brodie came to my house just at the time the eight o’clock bell was ringing, and he remained in it all night, and was not out from the time he came in until a little before nine o’clock next morning. We went early to bed, about ten o’clock, as Mr. Brodie complained that night of being much indisposed with a sore throat.
Cross-examined by the Lord Advocate—How do you recollect that it was Wednesday night more than any other night of that week?
Witness—On the following Monday I heard that Mr. Brodie was suspected of being concerned in the breaking into the Excise Office; that his house had been searched for him; and that he had gone away on the Sunday. This made me particularly recollect, and also because it was the last night Mr. Brodie slept in my house. He slept with me that night. I have a family of children to him. I saw him again on the Saturday night afterwards, but not till then; and he was in my house in the forenoon of the Tuesday preceding.
Peggy Giles
3. Peggy Giles, servant to Mr. Graham, publican at Mutton-hole, near Edinburgh, called in and sworn.
Witness—I was servant to Mrs. Watt, the preceding witness, last winter, and I remember that the prisoner, Mr. Brodie, came to my mistress’s house about eight o’clock at night of Wednesday, the 5th of March last, and that he slept there all night, and remained until about nine o’clock next morning. My mistress and Mr. Brodie supped together early, about half-an-hour after eight o’clock, on bread and beer and a piece of cheese, for which I was sent out soon after Mr. Brodie came in. I was out about ten minutes, and when I returned Mr. Brodie was still in the house. I remember when he came in to have heard the eight o’clock bell ringing.
Gentleman of the Jury—Was it the Magdalen Chapel bell you heard ringing? or what bell was it?
Witness—It was the Tron Church bell.
Cross-examined by the Lord Advocate—Are you sure of that?
Witness—I am very sure.
Mr. Wight—Pray, where does the Tron Church stand?
Witness--In the Parliament Close.[21]
The Lord Advocate—How do you know that Mr. Brodie slept all night in your mistress’s house?
Witness—He was in bed when I arose in the morning, and I gave him water to wash his hands before he went out.
The Lord Advocate—Did you see Brodie in your mistress’s house at any other time during that week?
Witness—He came back in the forenoon and again in the afternoon of the same day, that is of Thursday,[22] and likewise on the Saturday night following. Mr. Brodie was in use to sleep frequently at my mistress’s house.
Helen Alison
4. Helen Alison or Wallace, spouse to William Wallace, mason, in Libberton’s Wynd, called in and sworn.
Witness—I reside in Libberton’s Wynd, and I know the prisoner, Mr. Brodie. I heard of his leaving Edinburgh in March last, and I remember to have seen him come down Jean Watt’s stair a little before nine o’clock on the morning of the Thursday before he went off—the 6th of March. I was then standing at my own door at the foot of the stair; and I had Francis Brodie, the prisoner’s son, a boy of about seven years of age, by the hand. As his father, Mr. Brodie, passed he put a halfpenny into the child’s hand, and clapped him on the head. I said to the boy, “Poor thing, thou hast been too soon out, or you would have seen your daddie at home”; he said, “No, I have not been too soon out, for my daddie has been in the house all night.” After my husband got his breakfast, I went upstairs to Mrs. Watt, and I said to her in a joking way, “You will be in good humour to-day, as the good man has been with you all night.” She answered, “He has; but, poor man, he has not been well of a sore throat.” On the Monday following, I heard that there were messengers upstairs in Mrs. Watt’s, searching her house for Mr. Brodie; and when I went up and was told what was the matter, I said to one Murray, a sheriff-officer, then present, “Dear sirs, who would have thought this would have happened, when I saw Mr. Brodie come downstairs and give a bawbee to his own son on Thursday last?” To which the man answered, “Indeed, few would have thought it.”
Cross-examined by the Lord Advocate—How do you recollect that it was upon the Thursday you saw Mr. Brodie come down stairs? Can you give any reason for doing so?
Witness—Indeed, I can give a reason, but to be sure it is a very mean one to mention to your Lordships.
Lord Eskgrove—Tell us the reason, good woman.
Witness—I had purchased three pair of shoes on the Wednesday in the market; that is, a pair for each of my sons, and one for my husband. On Thursday morning I missed my husband’s shoes, and, thinking they were stolen, I was waiting for my husband at the door at the time he usually returned to breakfast, which was about nine o’clock, to see if he knew anything of them; and had it not been for this I would not have been at the door nor seen Mr. Brodie come downstairs.
James Murray
5. James Murray, sheriff-officer in Edinburgh, called in and sworn.
Examined by Mr. Wight—Do you remember having searched the house of Jean Watt, at the foot of Libberton’s Wynd, in the course of your pursuit after Mr. Brodie?
Witness—I do.
Mr. Wight—What day was that upon?
Witness—It was upon the Tuesday after he left Edinburgh I searched the house—the 11th of March; but finding nothing in it, I ordered Mrs. Watt to come up to the Sheriff, and I waited until she got ready.
Mr. Wight—Did you see any person in the house, except Mrs. Watt and her servant? and had you any conversation with her?
Witness—I saw Mrs. Wallace, who lives at the foot of the wynd, whom I saw among the witnesses just now, and she said, “Oh, Jean! who would have thought on Thursday morning, when Mr. Brodie came down this stair and clapped his son’s head, and put a halfpenny in his hand, that such a thing as this would be soon after here?” To which I answered, “Indeed, Mrs. Wallace, I dare say none would have thought it.”
James Laing
6. James Laing, writer in the Council Chamber, Edinburgh, called in and sworn.
Examined by Mr. Hay—Do you remember of any process being brought before the magistrates against Mr. Brodie some time before he left this place, for using false or loaded dice?
Witness—I do.
Mr. Hay—At whose instance was the process?
Witness—At the instance of one Hamilton, a chimney-sweep in Portsburgh.
Mr. Hay—When was this process?
Witness—I do not exactly remember; but steps have been taken in it within these six months.
Lord Eskgrove—I suppose this Mr. Hamilton is not a common sweep, but a master who keeps men and boys for the purpose?
Witness—He is a master, as your Lordship observes.
Cross-examined by the Lord Advocate—Do you know Mr. Brodie to be a gambler?
Witness—I never gambled with him.
Robert Smith
7. Robert Smith, wright in Edinburgh, sometime foreman to Mr. Brodie, called in and sworn.
The Lord Advocate (Ilay Campbell).
(Showing the old Parliament House.)
(After Kay.)
Examined by Mr. Hay—Do you know that a spring-saw is a proper instrument for cutting off the natural spurs of game-cocks, in order to adopt artificial ones?
Witness—I do.
Mr. Hay—Did you ever see Mr. Brodie using a small spring-saw for that purpose?
Witness—Frequently.
Mr. Hay—Is a spring-saw a usual and necessary implement for all wrights and joiners, as well as smiths?
Witness—I have one myself, which I use for cutting off brass knobs and several other purposes.
Mr. Hay—Are old keys and pick-locks usual and necessary implements for wrights and smiths?
Witness—They are.
Mr. Hay—Do you know that a box of old keys was always lying open in the corner of Mr. Brodie’s workshop, to which you and the other men had access?
Witness—There was; and when a key of any of our customers was either broke or spoiled, we could often fit the lock from some of these keys.
[Here the witness was shown the keys libelled on.]
Witness—I never remember to have seen any keys of that kind before.
[Here it was proposed to show the witness a pick-lock, and to ask him whether or not joiners or cabinetmakers kept such an instrument, when the Lord Advocate admitted that it was not uncommon for a cabinetmaker to keep such articles as the above. There were several witnesses cited by Mr. Brodie to prove this fact.]
The exculpatory proof being closed a few minutes after one o’clock of the morning of the 28th day of August, the Lord Advocate then proceeded to address the jury.