Here the Magistrates asked me if I was ready to swear that, from the pointed description of him and all said circumstances, he was, to the best of my belief, the man required to be given up?—I told them I was.
Mr Duncan was then asked if, from what he knew and what he had heard, he would swear he had no doubt, and believed him to be the man.
Mr Duncan’s reply.—I am only a visitor here; and being called on such an occasion, it might, in my own country where I am a Magistrate, have the appearance of forwardness if I was to swear. I am a man of honour and a gentleman, and my word ought to be taken. I do believe, and I have no doubt, that he is the same man; but I decline to swear it; I’ll take no oath.
The Magistrates expostulated, but unsuccessfully, on the absurd idea of saying, “I have no manner of doubt, and verily believe,” and refusing to swear, “I have no manner of doubt!” &c.
As I had previously drawn up an information for Mr Duncan and myself to that effect, he was asked if he would sign it without swearing?—when Mr Duncan said he would.
The Magistrates then said that they should pay the same compliment to me they did to Mr Duncan, and take my signature to the certificate, without an oath, even to my belief.—Certificate signed.
The prisoner was then ordered in, and the certificate read to him, and asked, If he had not a father?—he replied,—None.
But you had a father, said the Judge—was not his name Brodie?
To this Mr Brodie replied,—“There are more Brodies than one.”
Then by that, said the Judge, you confess your name is Brodie?