The trial of William Brodie and George Smith being at present in the press for publication, Mess. Bruces furnished the publishers with the following facts, in order that they might publish the same along with the trial. These gentlemen, however, having declined to do so, as not being any part of the trial, Mess. Bruces now take this opportunity of laying before the Public the whole facts that have come out relative to the breaking of their shop; which, they have too much reason to believe, was meant to be concealed altogether. But, in justice to themselves, they wish to lay the whole candidly before the Public; and shall only add further that there is not one word in the following narrative but what is consistent with truth.
In the course of the precognitions taken by the Sheriff respecting the crimes committed by Brodie, Smith, Brown, and Ainslie, Mess. John and Andrew Bruce, Merchants in Edinburgh, applied to the Procurator Fiscal to know if any facts had come out respecting the breaking of their shop at the head of Bridge Street; and always received for answer, that whenever any thing occurred about breaking their shop, they would be informed of it. The Procurator Fiscal, however, never gave the Mess. Bruces any information on that head, although the very warrant on which Smith and Ainslie were incarcerated in March last, bore that it was on suspicion of breaking their shop.
When Smith and Brodie received their Indictment on the 19th of July last, it then appeared that no crime was specified in the Indictment but the breaking into the Excise Office. Mess. Bruces then applied to the Procurator Fiscal to know if any thing had come out, or was taken down in the precognition respecting the breaking of their shop; when he told them that nothing had been taken down thereanent; though Mess. Bruces were informed by Smith that he had, when examined before the Sheriff, declared every fact concerning it.
Mess. Bruces were at a loss to account for this extraordinary neglect of not taking down into the precognition all the facts that Smith had declared relative to their shop. They were in justice entitled to this, so as at least to have been satisfied in knowing who had done them the injury; and it might have led to a complete proof of the fact, so as to entitle them to restitution of the value stolen from them from the funds of those who had been guilty of the crime. They signified to the Procurator Fiscal that they wished still to have an examination of all concerned. But this he declined, by saying it was impossible to do it now—that they were indicted.
Mess. Bruce therefore drew up a memorial, and laid it before his Majesty’s Advocate, in order to get, if possible, an examination respecting the breaking of their shop; when his Lordship was pleased to signify that it could still be done, and desired an application might be made to the Sheriff for that purpose; which was done accordingly by a Petition of the following tenor:—
Unto the Right Honourable the Sheriff-Depute of the County of Edinburgh, or his Substitute,
The Petition of John and Andrew Bruce, Merchants in
Edinburgh.
Humbly Sheweth,
That on the night betwixt the 24th and 25th days of December 1786, the petitioners shop, at the head of Bridge Street, was broke into, and several gold watches, seals, rings, and other articles, were carried off, to the value of about £350 Sterling. The petitioners applied to the Procurator Fiscal upon this occasion, who assured them that every step should be taken to endeavour to find out the persons who had robbed them of their property.
No intelligence, however, could be got respecting this business till the beginning of March last, when Brown gave information of him and his associates, Smith, Ainslie, and Brodie, being the persons who had committed so many offences of that kind; and, accordingly, the Procurator-Fiscal presented a petition to your Lordship, stating the fact of the petitioners’ shop being broke, and referring to a list of articles stolen therefrom; and that there was reason to believe that Smith and Ainslie were the persons guilty of that crime, upon which they were apprehended, and incarcerated in the Tolbooth of Edinburgh, where they have remained ever since; and Smith and Brodie are now indicted to be tried for certain crimes, other than that of breaking the petitioners’ shop.