Wilson's Tales of the Borders and of Scotland, Volume 12

by Unknown

This witness was followed by Laidlaw, the alleged accepter of the bill, who swore that the signature attached to it was not his handwriting; and, in this assertion, he was supported by other evidence; adding, that he had no knowledge whatever of the prisoner, and had never had any transactions with him.

James Anderson, Wotherspoon's shopman, was next called; and when asked if the bill, which was shown him, was his master's handwriting, answered, that he could not say—that it was certainly very like; thought, however, on the whole, that it was not, but would not swear to this. Asked if he ever saw or knew Lorimer to be employed by his master; said, he did not. Asked, if he meant that he never was employed by him, or merely that such a circumstance did not consist with his knowledge? Answered, that it did not consist with his knowledge; but allowed that Lorimer might have been employed by the prisoner without his knowing it.

A person of the name of Andrew Hislop was next put into the witness-box, who swore that Wotherspoon had told him that he had settled with Lorimer, and that he had given him an indorsed bill, in payment of his account; that he had said, at the same time, that the bill was the acceptance of Laidlaw, and was in payment of an account for goods which the prisoner had furnished him.

James Bryce, stabler and innkeeper, Grassmarket, Edinburgh, in whose house the transaction, which was the subject of investigation, was said to have taken place, next deponed that Lorimer, whom he knew very well, and Mr Wotherspoon, the prisoner at the bar, came to his house on the evening of the 14th September; and that he, being asked to sit down at table with them, saw Mr Wotherspoon indorse over a bill to Mr Lorimer, saying, at the same time, that he believed that would about clear scores between them. This witness's evidence was corroborated by that of his wife, who had been also asked to join the party, she being well acquainted with Lorimer, who used to frequent the house when he resided in Edinburgh.

As these two witnesses were of highly respectable character, their evidence was held by the court to be conclusive against the prisoner. The latter, in his defence by his counsel, admitted that he had been in Edinburgh on the day condescended on by the witnesses who had just been examined, but denied that he had ever been in their house, or knew anything at all about them. Denied that he had ever made use of the language, or anything at all like it, attributed to him by Hislop; denied that he ever had employed Lorimer in any way, or ever was owing him a farthing. Admitted that he had used the expressions attributed to him by Lorimer on the occasion condescended on, and acknowledged their impropriety; but said they were spoken merely in jest, and in a spirit of levity, excited by the wine he had drank.

For the rest, the prisoner had only the general respectability of his character to support him, of which he produced abundant proof to the court, and a simple denial of all that had been alleged against him; but this, of course, was of little avail in the face of the direct and positive evidence of his guilt which had been adduced.

The difficulties, too, in which Wotherspoon was known to be at the time had a powerful influence in strengthening the belief of his guilt; while it was observed that the imprudent language used by the prisoner, when in company with the commercial traveller, and which was detailed by Lorimer, made a singularly strong and unfavourable impression on the court—an impression which was but little affected by the apology for, and explanation of it, that had been given.

In short, no doubt remained on the minds of any one present that Wotherspoon was guilty of the crime charged against him; and the jury, in conformity with their own and the general impression, found the libel proven, without retiring from the box; and the unfortunate man was sentenced to suffer death: his counsel having in vain stated, that, from the steadiness, simplicity, and consistency of all the prisoner's answers to his interrogatories, put to him while in prison, he was all but entirely convinced of his innocence. "There was a mystery in the case," he said, "which he could not solve; but a day of retribution was coming," he added, "when the cause would be tried over again, and before a Judge from whom nothing could be concealed, and on whom no plot, however well contrived, could impose."

Wotherspoon heard the terrible judgment pronounced on him with the utmost composure, and persevered in asserting his innocence, both to his counsel and to those of his friends who subsequently visited him in prison. On these last, his declarations produced various effects. Some of them—those who knew him—believed that he had met with foul play from some quarter or another; and their suspicions fell on Lorimer, whose character was well known to them: but there was nothing in the whole case which could warrant them in openly asserting that he had played the villain.

By others, again, Wotherspoon's declarations of innocence were looked upon as proceeding from the natural shame of crime. They pitied the unhappy man sincerely; but, however high might have been their opinion formerly of his integrity, they had no doubt that the pressure of necessitous circumstances had broken down his principles, and that he was guilty of the forgery. And this last was the opinion generally entertained regarding the convict by the public at large; while the first was the most prevalent in the district from which Wotherspoon came, and where he was, of course, best known.