And being interrogated, If he was at that time acquainted with George Smith, present prisoner in the Tolbooth?—declares, That he does not at present remember at what time he became acquainted with Smith—But, as the declarant has other business of his own at present to take up his time, declines to give any further answer to this or any other question at present.
Being further interrogated, If he recollects receiving from George Smith a gold seal, a gold watch-key, and two gold rings?—he declines to answer this or any other question, for the reason above stated.
And being desired to sign this declaration, he refused so to do.
Anne Hibutt, spouse of George Smith, was also examined, who declared, That one morning Brodie came to the room where her husband and she resided, and examined a parcel of jewellery goods; and she saw Mr Brodie get the seal, watch-key, and rings mentioned in her husband’s declaration.
That she saw Brodie give her husband some money the night before he went to England; and, during her husband’s absence, she received money from Mr Brodie.
Andrew Ainslie was examined, and declared as to the time of his becoming acquainted with Brodie and Smith: That he was at Glasgow at the time Mess. Bruces’ shop was broke; but, on his return to Edinburgh, was informed of the particulars by Smith.
That he often saw, in Mr Brodie’s possession, hanging at his watch, a gold seal and watch-key, which Brodie said, these, with some other trifles, were the only things he had got of what was taken out of Mess. Bruces’ shop; and has often heard Smith and Brodie quarrelling, and Brodie grumbling and complaining that he had never got his proper share of the goods taken out of that shop.
John Brown, alias Humphry Moore, declared as to the time he became acquainted with Smith and Brodie: The first time he saw Brodie was supping in Smith’s house: That he was not come to Edinburgh when Mess. Bruces’ shop was broke.
That he has often heard Smith and Brodie talking with regard to that shop-breaking, and Brodie complaining that he had not got his proper share of the goods; and particularly, in a conversation betwixt Brodie and the declarant, after the shop of Inglis and Horner had been broke into, Brodie damned Smith for having broke into this last shop himself, and said he would treat him, Brodie, in the same manner he had done as to Bruces’ shop, which was very ungenerous, after he had given him the information.
That he had often had Brodie’s gold watch in his custody, and saw the gold seal and watch-key hanging at it, which Brodie often said were the only things he had got that were taken from Bruces’ shop.