The law officers of the Crown were now busily preparing their case against Brodie, Smith, and Ainslie; and as, apart from the testimony to be borne by Brown, there was no direct evidence of the commission of the crime available, it was decided to accept Ainslie as King’s evidence, and proceed only against Brodie and Smith upon the charge of breaking into and robbing the General Excise Office for Scotland. Accordingly, on 19th July, an indictment was served upon them, the trial being fixed to take place on 4th August. Owing, however, to some additional evidence having come to the knowledge of the Public Prosecutor, on 11th August, a new indictment had to be served, and the trial postponed until the 27th of that month.
Meanwhile, on 28th July, His Majesty’s most gracious pardon had been obtained for John Brown alias Humphry Moore, which, in law, rendered that miscreant, as a witness, “habile and testable,” notwithstanding the baseness of his character and his infamous record.
Deacon Brodie had, since his apprehension, been kept in close confinement in the Tolbooth. He was carefully watched day and night by two soldiers of the City Guard, and was not allowed either knife or fork with which to eat his victuals in case of dangerous consequences. On account of this inconvenient restriction, the Deacon, shortly before his trial, addressed the following remonstrance to a brother member of the Town Council and one of the magistrates of the city:—
“Edinburgh, 17th August, 1788.
“Dear Sir,
“The nails of my toes and fingers are not quite so long as Nebuchadnezzar’s are said to have been, although long enough for a Mandarine, and much longer than I find convenient. I have tried several experiments to remove this evil without effect, which no doubt you’ll think says little for your Ward’s ingenuity; and I have the mortification to perceive the evil daily increasing.
“Dear Sir, as I intend seeing company abroad in a few days, I beg as soon as convenient you’ll take this matter under consideration, and only, if necessary, consult my Guardian and Tutor sine qua non; and I doubt not but you’ll devise some safe and easy method of operation that may give me a temporary relief. Perhaps the faculty may prescribe a more radical cure.
“Dear Sir, if not disagreeable to you, I’ll be happy to see you. You’ll be sure to find me at home, and all hours are equally convenient.
“Believe me to be, with great esteem,
“Your most affectionate Ward, and very humble servant,
“Will. Brodie.
“To Don. Smith Esq.
“Edinburgh.”