In March 1813, he again visited Scotland to vend more of the stolen notes, but was taken into custody, and bills and drafts, in favour of James Martin, to the amount of 1000l., which he had purchased, taken from him.
He was, however, soon afterwards again discharged out of custody, the money being retained in the hands of the bankers.
In 1815 he resolved to recover the bills and drafts from the magistrates, by whom they had been taken from him; and as they refused compliance with his request by letters, he visited Glasgow in person, and demanded, in the most insolent manner, the restitution of what he called his property. This being refused, he commenced an action against them, which, more than any other case that ever came before a court of justice, proves the glorious uncertainty of the law; for it continued to be litigated for five years; and, the bankers having become the defendants, the country, for the first time, witnessed the singular fact of an acknowledged thief contending with persons for the property he had actually stolen from them.
During the progress of this protracted case, Mackcoull attended the courts of law in person, and gave instructions to his agent. He always conducted himself with the greatest sang froid, and treated with contempt and derision the allusions made by counsel to his character. At length it was ruled that Mackcoull should be interrogated in person before the court; and after some hesitation he consented. This circumstance was no sooner known, than crowds flocked to hear his examination, which lasted for several days. He behaved in the most cool and determined manner; and when his absurd replies elicited a laugh in court, he always smiled with seeming self-approbation. The account he gave of himself was that he traded as a merchant, and that he chiefly transacted business with one James Martin, whose residence he could not tell. He objected to many questions put to him with the acuteness of a lawyer, and at length the session rose without having come to any decision; and Mackcoull returned to London in great spirits, to arrange with his brother John with respect to his future proceedings.
The bank was at this time in a critical situation: unless they proved Mackcoull’s participation in the robbery, and that the bills &c. were purchased with notes stolen from the bank, they would have to deliver up to Mackcoull not only the bills, &c., but to pay all attendant expenses, besides incurring the disgrace of losing the action—an action unparalleled in the annals of any court of Europe, brought by a public depredator—a convicted rogue and vagabond—who was at large, and who was prosecuting with their own money a respectable banking company, for attempting to keep part of the property of which he had robbed them. But this was not all. Mackcoull’s intention, if successful, was to follow up the decision with an action for damages, in which it was the opinion of many that he would also succeed.
In December 1819, Mackcoull and his agent urged the matter so strenuously, that the trial was fixed for the 20th of February 1820; and the issue to be tried was, whether Mackcoull was concerned in the robbery.
To prepare for the trial, the bank sent Mr. Donovan, an intelligent officer in Edinburgh, from Glasgow to London, to trace the route the robbers had taken nine years before, and to procure witnesses. Donovan was successful, and brought down with him Scoltop, who had prepared the instruments by means of which the robbery was effected, Mrs. Huffey White, several waiters at inns, and even Mrs. Mackcoull, who consented to give evidence against her husband. The most eminent lawyers at the Scotch bar were engaged on each side; and on the morning of the trial, May the 11th 1820, every avenue to the court was crowded to excess, so intense was the interest excited by the case. The result was against Mackcoull, for the witnesses completely established his guilt; and so unexpected was the appearance of some of them to him, that he frequently ran out of court, and on seeing Scoltop actually swooned away.
Mackcoull’s career of villany was now near its end. On the 19th of June he was indicted for the robbery, in the High Court of Justiciary; and the same witnesses being again examined, the jury returned a verdict of Guilty—Death. Towards the conclusion of the trial Mackcoull often looked about him with a kind of vacant stare, and was observed frequently to mutter and grind his teeth. When the verdict was announced he gave a malignant grin; and when sentence was passed, he bowed respectfully to the court. On being carried back to jail his fortitude forsook him, and he appeared overwhelmed with despair. At this moment he said with emotion, “Had not the eye of God been upon me, such a connected chain of evidence never could have been brought forward!” His spirits, however, soon returned, and he received the number of visitors, who were led by curiosity to see him, with great cheerfulness.
Although he had treated his wife with great unkindness, she now came forward and supplied him during his imprisonment with every luxury in profusion. She also made application for a reprieve; and whether from her exertion or not, on the 14th of July a respite arrived, and in three weeks after a reprieve during his majesty’s pleasure.
In the month of August, the wretched prisoner fell into a natural decline, and his mental faculties completely forsook him. In the course of a short time his hair, which had been previously nearly jet black, became a silver gray, and at length he died in the county jail of Edinburgh on the 22nd day of December 1820, and was decently interred at the expense of his wife, in the Calton burying-ground.