When the petitioners learned that no notice of their shop was taken in the indictment, they applied to the Procurator-Fiscal to know what facts had come out in the precognition regarding the breaking of their shop, when he informed them that not a word respecting their shop had been taken down in the precognition, though he admitted, when Smith was examined before your Lordship, he had acknowledged the fact that he was the person who had broke the petitioners’ shop, with the knowledge, and by the advice of Brodie: That Brodie had actually got part of the articles stolen therefrom, particularly some gold seals, and a gold watch-key, and some rings.
In these circumstances the petitioners were at a loss to know how to conduct themselves, in order still to get an examination of Smith, Brodie, and their associates, as there might be some difficulty in the matter, now that Smith and Brodie were indicted. However, as they are indicted for other crimes, the petitioners took the liberty of stating the matter in a memorial to His Majesty’s advocate who is of opinion that Smith, Brodie, and all others concerned, or suspected, might still be examined with regard to the breaking into the petitioners’ shop; and desired that the present application might be made to your Lordship for that purpose.
The petitioners are informed that Smith, though indicted, is still willing to declare every fact and circumstance respecting this matter. They are also informed that Brodie’s watch, with some seals, are in the hands of Sir Sampson Wright, at London, and to be transmitted here. They, therefore, humbly trust that proper orders will be given to preserve these articles entire; and that inspection of them will be given to the petitioners, that it may be known whether they are any of the articles stolen from their shop.
May it therefore please your Lordship, to take the declarations of the said Smith, Brodie, Ainslie, and Brown, and anyother persons that may be thought necessary, and condescended on by the petitioners; and to give information to the petitioners when such examinations are to take place, that they, or their counsel, may attend, to put all pertinent questions to such as shall be examined respecting the breaking into the petitioners’ shop; and to give inspection of Mr. Brodie’s watch, seals, and other trinkets that may be along therewith, to the petitioners, so soon as they arrive.
According to Justice, &c.
John and Andrew Bruce.
July 25th 1788.
The desire of the petition was granted by the Sheriff on the 26th of July; and, on the 28th of that month, the Sheriff-substitute, with the Procurator Fiscal, and Mr. Bruce, went to the prison to Smith; and the Sheriff-substitute informed him he was to come to take down his declaration respecting Mess. Bruce’s shop-breaking, but not with regard to anything contained in his Indictment; and therefore hoped he would tell the truth. To which Smith answered, he had no objection to tell the whole truth; he thought it a piece of justice to do so; That he had formerly declared all he knew concerning that matter before the Sheriff, but he believed it was not taken down.
Smith was then examined, who declared, in substance, as follows:—
That, in the month of November, 1786, the declarant and Brodie had laid a plan to break into a hardware shop on Bridge Street, belonging to Davidson M‘Kain: That they accordingly went there one night with a parcel of false keys and a small crow iron, and opened the door by unlocking the padlock and lock thereof with the false keys; after which they went and hid the false keys and crow iron, in case any of these articles should be found upon them, and then returned to the shop: That Smith was to go into the shop, and Brodie to watch at the outside of the door: That the declarant carried with him a dark lanthorn, which he lighted: That their intention was only to look at the goods, but not to carry them off that night: That the declarant remained in the shop for about half an hour; and, after being some time there Brodie called out “What made him stay so long—was he taking an inventory of the shop?”
That the declarant only brought away with him that night seventeen steel watch-chains, and a small red pocket-book. The steel chains the declarant afterwards sold along with some other goods of his own to an auctioneer, and the pocket-book he afterwards made a present of to Michael Henderson, Stabler in Grassmarket, his daughter.