Charles Hay (afterwards Lord Newton).
(After Kay.)
o’clock.[17] Mr. Brodie was then at home. I was in his house from dinner until within a few minutes of eight o’clock at night. There was present at dinner in company a stranger gentleman whose name I do not know, the prisoner’s two sisters, and an old lady, his aunt. We drank together from dinner to tea, which I think was brought in about six o’clock, and then the stranger gentleman went away. We sat in the same room all the while I was there. Mr. Brodie was dressed in lightish-coloured or grey clothes. Before I came away, Mr. Brodie pressed me to stay supper with him, but I declined his invitation, saying I was engaged. When I came away, I left Mr. Brodie in his own house. I went directly from his house to my own house in Bunker’s Hill.[18] Mr. Brodie dined with me next day (Thursday), and remained with me in my house from three o’clock until eleven o’clock at night.[19]
Cross-examined by the Lord Advocate—What was the gentleman’s name who was in company with you?
Witness—I do not know; I do not remember his name.
The Lord Advocate—Did you hear his name mentioned?
Witness—I may perhaps have heard him named while at table with him, but as he went away early in the evening, and as I had no reason at the time to pay any particular attention to his name, it has escaped me.
The Lord Advocate—When did you sit down to dinner?
Witness—We sat down to dinner about three o’clock.
The Lord Advocate—Are you sure Mr. Brodie did not leave the room from dinner until you parted with him?