To Sheriff Moffatt, Lanark, and Mr. William Brown and Mr. John A. Fairley, Edinburgh, the Editor is under obligation for the use of MSS., books, and prints in connection with the subject. His thanks are also due to Dr. Joseph Anderson, Keeper of the Scottish National Museum of Antiquities, who has allowed him to photograph Deacon Brodie’s lantern and keys and to make excerpts from the records of the Cape Club. For permission to publish for the first time facsimiles of Brodie’s letter to the Duchess of Buccleuch and the MS. register in his Family Bible, the Editor is respectively indebted to the courtesy of Mr. Alexander Anderson, Librarian of the Edinburgh University Library, and the Plans and Works Committee of Edinburgh Town Council.
Mr. Bruce J. Home has not only kindly permitted the reproduction of two drawings from his well-known work, “Old Houses in Edinburgh,” but has made a drawing of the old Excise Office, Chessel’s Court, expressly for the present volume.
W. R.
Edinburgh, November, 1906.
CONTENTS.
| PAGE | |
| Introduction, | [9] |
| The Trial— | |
| [First Day—Wednesday, 27th August, 1788.] | |
| Indictment, | [72] |
| List of Witnesses for Prosecution, | [74] |
| List of Assize, | [75] |
| List of Witnesses for Defence, | [76] |
| Interlocutor on the relevancy, | [78] |
| List of the Jury, | [79] |
| Objection to specification of Crown productions, | [80] |
| Objection repelled, | [87] |
| [Evidence for Prosecution.] | |
| 1. William Scott, | [87] |
| 2. Joseph Mack, | [88] |
| 3. Thomas Longlands, | [89] |
| 4. John Geddes, | [90] |
| 5. Margaret Tweddle or Geddes, | [94] |
| 6. Robert Smith, | [94] |
| 7. James Laing, | [95] |
| 8. John Macleish, | [95] |
| 9. John Duncan, | [96] |
| 10. William Mackay, | [96] |
| 11. Alexander Thomson, | [97] |
| 12. Laurence Dundas, | [98] |
| 13. Janet Baxter, | [98] |
| 14. James Bonar, | [99] |
| 15. Isobel Wilson, | [99] |
| 16. John Kinnear, | [99] |
| 17. Grahame Campbell, | [100] |
| 18. Mary Hubbart or Hubburt called, | [101] |
| Debate as to the admissibility of Hubbart, | [101] |
| Objection that she is the wife of Smith repelled, | [104] |
| Witness withdrawn owing to misnomer, | [106] |
| 19. Daniel Maclean, | [106] |
| 20. John Clerk, | [106] |
| 21. David Robertson, | [107] |
| 22. William Middleton, | [107] |
| 23. Alexander Williamson, | [108] |
| 24. James Murray, | [109] |
| 25. George Williamson, | [109] |
| 26. Andrew Ainslie called, | [111] |
| Debate as to the admissibility of Ainslie, | [111] |
| Objection to Witness repelled, | [115] |
| Ainslie’s evidence, | [115] |
| Objection to production of Five-pound Note, | [119] |
| Objection sustained, | [121] |
| 27. John Brown, alias Humphry Moore, called, | [122] |
| Debate as to the admissibility of Brown, | [122] |
| Objection to Witness repelled, | [132] |
| Brown’s evidence, | [132] |
| Declarations of George Smith, | [138] |
| Declaration of William Brodie, | [149] |
| Letter, William Brodie to Matthew Sheriff, | [150] |
| Two Letters, William Brodie to Michael Henderson, | [152] |
| Copy Letter or Unsigned Scroll, No. I., | [154] |
| Copy Letter or Unsigned Scroll, No. II., | [156] |
| Account or State of William Brodie’s affairs, | [158] |
| Letter, Lee, Strachan & Co., to Emmanuel Walker & Co., | [159] |
| [Evidence for Defence.] | |
| 1. Matthew Sheriff, | [160] |
| 2. Jean Watt, | [161] |
| 3. Peggy Giles, | [162] |
| 4. Helen Alison or Wallace, | [163] |
| 5. James Murray, | [164] |
| 6. James Laing, | [164] |
| 7. Robert Smith, | [164] |
| The Lord Advocate’s Address to the Jury, | [165] |
| Mr. John Clerk’s Address to the Jury, | [174] |
| The Dean of Faculty’s Address to the Jury, | [181] |
| The Lord Justice-Clerk’s Charge to the Jury, | [197] |
| [Second Day—Thursday, 28th August, 1788.] | |
| Verdict of the Jury, | [201] |
| Plea in Arrest of Judgment, | [202] |
| Plea repelled, | [208] |
| Address to the Prisoners and Sentence, | [209] |
| APPENDICES. | ||
|---|---|---|
| [I.] | Notes on the Trial of Deacon Brodie, | [211] |
| [II.] | A brief Account of the Judges and Counsel engaged on the Trial of Deacon Brodie, | [217] |
| [III.] | A List of Publications on the Subject of or having Reference to the Trial of Deacon Brodie, | [232] |
| [IV.] | The Brodie Family Bible, | [238] |
| [V.] | Excerpts from the Records of the Cape Club, | [243] |
| [VI.] | Excerpts from the Guild Registers of the Burgh of Edinburgh, | [245] |
| [VII.] | Excerpts from the Records of the Edinburgh Town Council, | [246] |
| [VIII.] | Advertisements relating to certain of the Robberies committed by Deacon Brodie, | [251] |
| [IX.] | Narrative of the Facts respecting the Robbery of Bruces’ shop, | [257] |
| [X.] | State of the Process at the instance of John Hamilton, | [262] |
| [XI.] | An Account of Mr. Brodie’s being seized at Amsterdam, | [264] |
| [XII.] | The Journal of Mr. Groves, | [265] |
| [XIII.] | Copies of Two Autograph Letters of Deacon Brodie, | [268] |
| [XIV.] | Speech which George Smith intended to have made at his Trial, | [270] |
| [XV.] | An Account of the Execution of the Prisoners, | [272] |
| [XVI.] | The Old Excise Office, | [277] |
| [XVII.] | An Account of the Proceedings against John Brown, alias Humphry Moore, at the Old Bailey, in April, 1784, | [278] |