Trial of Deacon Brodie

by Unknown

The Lord Advocate’s Address to the Jury.

Lord Advocate

The Lord Advocate—Gentlemen of the jury, it is now my duty to offer some observations on the import of the evidence which has been led before you, and as you have already had a very long and fatiguing sederunt, I shall endeavour to state what occurs to me in as few words as possible. It is with the greatest concern that I address you in this case—a case that is attended with circumstances which must occasion to all of us the most painful sensations; but public justice requires that these feelings should be repressed.

Gentlemen, the crime with which these prisoners stand charged is of a most dangerous and heinous nature. It is a crime which, until of late, was but little known in this country, though now it seems to be every day growing more frequent, and the practice of it is almost reduced into a system. It is no longer than fourteen days ago that two men received their sentence at that bar for a crime of the same nature with this—the robbery of the Bank of Dundee—which appeared to have been conducted and perpetrated by an association in that town, similar to the association which took place, in the heart of this populous city, between the prisoners at the bar and the other two men whom you saw this day give evidence against them; and which, had it not been discovered, threatened the inhabitants of this city with the most dangerous consequences. That now charged against these prisoners, though of the most flagrant nature, is but one of many in which there is good ground to believe that this association has been concerned. And it is your province, gentlemen, if upon careful examination of the evidence you think these men guilty, to do that justice to your country which the public safety requires, by returning a verdict against them.

It is perhaps of no consequence to inquire into what was the former situation of the prisoners, because that is a circumstance which can have no weight with you in determining what verdict you are this night to return.

As for George Smith, he is a stranger in this country, of whom we know nothing more than what he has been pleased to inform us in his different declarations, of which a part has not been read for the reasons you heard mentioned; but from thence you will be led to conjecture that the parts which were not read contained very little to his advantage. This man, gentlemen, had the appearance of following a lawful employment and carrying on trade in a shop in this city; but I am afraid there is too good reason to conclude that the character of a grocer, which he assumed, was only meant as a cover to him that he might escape the observation of the public while he was pursuing objects of a very different nature. His counsel have attempted no defence, such as the alibi endeavoured to be proved by the other prisoner; no witnesses have been examined in his exculpation; and his different declarations, which though not legal evidence by themselves, yet when corroborated by the great variety of other evidence led this day, are so full and complete proofs of his guilt that I do not consider it necessary to add one word more as to him.

The other prisoner, Mr. Brodie, is in a different situation. He is known to us all; educated as a gentleman; bred to a respectable business; and removed from suspicion, as well from his supposed circumstances as from the rank he held amongst his fellow-citizens. He was far above the reach of want, and, consequently, of temptation; he had a lawful employment, which might have enabled him to hold his station in society with respectability and credit; he has been more than once officially at the head of his profession, and was a member of the City Council. If, therefore, he, too, is guilty, his situation, in place of alleviating his guilt, is a high aggravation of it. If he indeed prevailed upon himself to descend to the commission of the most detestable crimes, what excuse can be made for him? That he frequented bad company; that he had abandoned himself to gambling, and every species of dissipation; that he has by these means run himself into difficulties, is surely no apology for him.

But, gentlemen, I am not entitled to proceed without substantiating the crime libelled against him. I will go on to state the evidence; and if after a cool and dispassionate consideration, which you are bound to give, and which from the very great attention you have already bestowed, I can have no doubt you will give it; if you are not most thoroughly convinced in your minds that the prisoner is guilty, I do not desire that you should return a verdict against him. I can have no wish that is contrary to material justice.

It is totally unnecessary to go over the evidence tending to show that the Excise Office was actually robbed in the manner mentioned in the indictment, as I suppose that is a fact which will not be disputed, I will therefore recapitulate the heads of the evidence, so far as it appears to me to verify the charge.

Gentlemen, you have heard various objections stated by the prisoners’ counsel against the admissibility of the evidence of Brown and Ainslie, and therefore I will in the first place call your attention to the other evidence, against which no objection has or can be made, and which is, in my opinion, sufficient in itself to establish the guilt of the pannels; and I shall afterwards speak to the evidence of these two men.