Robt. M‘Queen, I.P.D.
The prosecutor, for proof of the indictment, then proceeded to adduce the following witnesses, who were all lawfully sworn, purged of malice and partial counsel, and emitted their depositions viva voce in presence of the Court and jury, without being reduced in writing, in terms of the late statute.
Evidence for Prosecution.
William Scott
1. William Scott, Procurator-Fiscal of the county of Edinburgh, called in and sworn.
Examined by Mr. Murray—Mr. Scott, you know the prisoners at the bar? Were you present when they emitted certain declarations before the Sheriff-depute of Edinburgh and his substitute?
Witness—I was.
Mr. Murray—Look at these declarations, and tell the Court and the gentlemen of the jury if they were emitted in your presence by the pannel, George Smith, freely and voluntarily.
Witness—They were; and the prisoner appeared to me at the time cool and recollected.
Mr. Murray—Look at this declaration. Was it emitted in your presence by the other pannel, William Brodie, freely and voluntarily, and he was cool and recollected?