Mr. W. Erskine, junior counsel for the prisoner, proceeded to open the defence. He said that he would rest his defence upon the correspondence carried on between the Right Hon. Henry Dundas, the lord-advocate, and the prisoner, by which it would appear that he had attended the meetings of the Friends of the People with no other view than a design to give information of their proceedings. A letter from the prisoner to Mr. Secretary Dundas was read, which stated in substance that, as he did not approve of the dangerous principles which then prevailed in Scotland, and was friend to the constitution of his country, he thought it his duty to communicate to him, as a good subject, what information he could procure of the proceedings of those who styled themselves “Friends of the People.” From an acquaintance with several of the leading men among them, he flattered himself he had this in his power; and he then went on to mention some of the names of those leading men in Perth, Dundee, and Edinburgh. In the first of these places, he said, he had been educated, and had resided in the two last for a considerable number of years. It concluded with enjoining secrecy.
To this letter an answer was returned which was also read. It acknowledged the receipt of Mr. Watt’s; and after expressing a hope that things were not so bad as he represented, desired him to go on, and he might depend upon his communications being kept perfectly secret. Another letter from Mr. Dundas to Mr. M‘Ritchie, the prisoner’s agent, was next read in answer to one from Mr. M‘Ritchie, requesting of Mr. Dundas what letters he had of the prisoner’s. The answer was that all the letters he had received from Mr. Watt had been delivered to the lord-advocate.
The Lord-Advocate being sworn, in exculpation, he gave a distinct account of the transactions which he had had with the prisoner. He had conversed with him several times at his own lodgings; and he had at one time given him some information which he thought of importance. This was respecting the disaffection of some dragoons at Perth, which upon inquiry turned out to be ill-founded. In March 1793, his lordship said an offer had been made to him to disclose some important secrets, provided he would give the prisoner 1000l. This he absolutely refused. However, some time after the prisoner having informed him that he was much pressed for money to retrieve a bill of 30l., his lordship, who was then in London, not wishing he should be distressed for such a small sum, sent him an order for the payment of it. All this happened previous to the meeting of the convention, since which time he did not recollect to have seen or corresponded with the prisoner.
Upon this evidence it was contended by Mr. Hamilton, that the prisoner was engaged as a spy for government; and it was well known that a spy was obliged to assume not only the appearance of those whose secrets he meant to reveal, but even to take part in their proceedings in order to prevent a discovery. A spy in an army, he said, was obliged not only to assume the uniform of the enemy, but even to appear in arms; and it would be exceedingly hard indeed, if taken in a conflict, that he should be punished for discharging his duty. He concluded with hoping the jury would bring in a verdict finding the charges not proved.
The Lord-President, after clearly defining the laws of treason, summed up the evidence, narrating and explaining the various parts with much candour, and leaving it entirely to the jury to return such a verdict as their judgment should direct.
The jury withdrew about half-past five o’clock in the morning, and in about five minutes returned with a verdict—Guilty.
The trial lasted nearly twenty-two hours.
The case of Downie afterwards came on; and the jury after some time found him guilty, reconciling themselves to this verdict, by unanimously consenting to recommending him to mercy, which they did in a very strong manner.
Shortly after, the following awful sentence of the Court was passed upon these unfortunate men:—
“Robert Watt and David Downie, you have been found guilty of high treason by your peers. The sentence of the Court is, therefore, that you be taken from the place whence you came, from thence you shall be drawn on a sledge to the place of execution, on Wednesday the 15th of October, there to hang by your necks till you are both dead; your bowels to be taken out and cast in your faces; and each of your bodies to be cut in four quarters, to be at the disposal of his Majesty: and the Lord have mercy on your souls!”