The indictment to the foregoing effect was read—the case debated, and the Lords ordered both parties to give in informations.
On the 19th March 1736, the Lords found the libel relevant—but allowed George Robertson a proof, with respect to his behaviour at the time stated, for taking off the circumstances tending to infer his being accessory, or art and part of the crimes libelled.
A jury was empannelled, and the trial proceeded. To give even notes of the depositions on both sides would exceed our limits. We shall therefore merely select the evidence of two or three witnesses, whose statements will serve to form a continuation of our narrative, and pass over the remainder as unnecessary for our purpose.
The first we shall adduce is the collector, the individual robbed.
James Stark, collector of excise, Kirkcaldy, aged forty-nine years or thereby, married, solemnly sworn, purged of malice partial, counsel examined and interrogated, depones time and place libelled—the deponent being then upon his collection as collector of excise. He went to bed about ten o'clock, and about an hour and a-half thereafter, he was waked out of sleep by a noise and some chapping at the door of the room where he lay—which door he had secured before he went to bed by screwing down the sneck of the door—which noise the deponent at first imagined was occasioned by some drunken people in the house; but afterwards, upon the strokes on the door being repeated with violence, the deponent jumped out of his bed, and heard the under part of the door of the bed-room giving way, upon which the deponent laid hold upon two bags of money, which, with the deponent's breeches, in which were about L.100 in gold, and bank notes and silver, the deponent had put below his head when he went to bed; and the deponent did then, in the confusion in which he was, put the table and some chairs to the back of the door to stap the gap, and thereafter opened the window, and returning to find the bags of money and his breeches, he could only find one of the bags of money, and being in fear of his life, he jumped out at the window with one of the bags of money, and fell at the foot of the stair, the said window being just above the entry to the house, and recovering himself a little, he went towards the corn-yard, and hearing a person call out "Hold him," the deponent apprehending the voice to be before him, he returned a few paces, and then perceiving a man standing or walking at the foot of the stair, the deponent returned again to the yard, where he hid the bag of money, and thereafter coming back towards the house to hear what was a-doing, the deponent heard a knocking in the room where he had been lodged, and thereupon retired to the yard again—lay covered with some straw till about four in the morning—and then returning to the house saw the panel, William Hall, in custody of some soldiers; and the deponent having said to him that he had given him a cold bath that night, William Hall answered that he was not to blame, being only hired, and had no hand in it, but that Andrew Wilson and George Robertson had come there of a design to rob the deponent that night, and that this design had been formed several months before by Andrew Wilson, and particularly at the preceding collection at Elie; and further depones that soon after the deponent got out of the window as aforesaid, he heard the clock strike twelve; that when the deponent was first awakened out of his sleep as aforesaid, he heard Mrs Fowler, the landlady, call to the persons who were breaking open the deponent's bed-room, "What are ye doing?" or "Why do ye this?" and the deponent heard them at the same time cursing and swearing and making a great noise; and the deponent having only carried one bag of money along with him as aforesaid, he left in said bed-room the money and goods following, viz., the deponent's breeches, in which was a purse with fifty-two and a-half guineas, betwixt six and seven pounds in silver, and a pocket-book with one and forty pounds in bank notes, which purse and pocket-book the deponent exhibits in court; that besides the bank notes, there were several bills and other papers in the pocket-book, and that there was likewise in the deponent's breeches, a seal, a pair of silver shoe-buckles, and a penknife, which the deponent likewise exhibits; the deponent likewise left in his room a cloak-bag with some linens in it, which cloak-bag the deponent likewise exhibits in court; as also a bible, a pair of pistols, which the deponent likewise exhibits; that upon the deponent returning to his room as aforesaid, he found the door of the room broken up, and saw a press in the room which had been broken up, and found his breeches empty and all the several particulars above enumerated amissing; and thereafter, about seven o'clock in the morning, the deponent having gone to Anstruther-Easter, he soon thereafter saw the three panels in custody; and the deponent did then see in the hands of the magistrates of Anstruther, the seal, the buckles, and penknife above mentioned; depones that upon Monday following, being the 12th of January last, William Hall, panel, told the deponent that he had informed Alexander Clerk, supervisor of excise, where the purse of gold was to be found, whereupon the deponent desired the supervisor to go in quest of it, which he did, and having found it, he restored it to the deponent with the whole gold in it; and that the bible was returned to the deponent by one of the soldiers who apprehended Hall; that on Saturday night the 10th of January, the deponent got back his pocket-book and bank notes, with the other papers in the said pocket-book, from Bailie Robert Brown in Anstruther-Easter. Causa scientiæ patet. And this is truth, as he shall answer to God. (Signed) James Stark; Andrew Fletcher.
Alexander Clerk, supervisor of excise at Cupar-Fife, being solemnly sworn, and depones time and place libelled, the deponent was lodged in the room next to Collector Stark, and went to bed about ten, and was wakened about twelve by persons rapping either at his door or that of the collector's; and heard a cry of "Murder the dogs and burn the house!" upon which the deponent swore that the first man that came in he would put a pair of balls in him. The deponent then put on some of his clothes and got out at a window at the backside of the house,[D] and walked to Anstruther, about a mile, and awakened the serjeant who commanded a small party of soldiers there, and with the serjeant and two of the soldiers set out for Pittenweem, and left orders for the rest of the party to follow as soon as possible. As they passed the entry to Sir John Anstruther's house in Easter-Anstruther,[E] they met with some men who having challenged the deponent, "Who comes there?" the deponent desired them to give an account of themselves, and upon their running off, the deponent ordered the soldiers to seize them, upon which the serjeant with his halbert hooked one of them, the rest escaping, which afterwards proved to be William Hall, one of the panels, and whom the deponent carried along with him to the excise office at Pittenweem, and having brought him into the house of Mrs Fowler, Jean Finlay, servant to Mrs Fowler, upon seeing the said Hall, said, "This is the villain that broke my head a little while ago;" and Thomas Durkie, another servant in the house, said, "This is one of the persons who robbed the collector
the night;" and the soldiers who brought Hall produced a bag of linen and a bible which they said they had taken up as Hall had dropped them by the way; and William Geddes, clerk to the collector, did then say, "This is the collector's bible, and there are his linens," whereupon Hall confessed that he had been guilty of robbing the collector; and the deponent thereupon telling Hall that he was now in for it, and that the best way for him was to discover the rest, which, if he would do, the deponent would do his endeavours to get him made an evidence, and having then asked if he promised to get him a pardon? depones that he understood it so, but does not remember that he used the word pardon; upon which Hall told deponent he would get these other persons whom he named; remembers particularly that he named Andrew Wilson, panel, to have been one of them. That they had come upon four horses that morning from Kinghorn, and that he would find them all in the house of James Wilson in Anstruther-Easter, or in a house twenty yards on this side of it, which the deponent understood to be Bailie Andrew Johnston's.[F] By this time the rest of the party having come up from Anstruther, the deponent made some search for the collector, but could not find him, and thereafter the deponent carried up Hall to the room where the collector had lodged, the door of which he saw broken in the under part, and left Hall prisoner there in custody of some of the soldiers and the rest of the party, and Thomas Durkie and William Geddes. The deponent then went east to Anstruther in search of the rest of the robbers, and having surrounded the house of James Wilson there, he found three men in a room there, viz., Andrew Wilson and George Robertson, panels, and one John Friar, and having shown them to the above
Thomas Durkie, he declared that they were two of the persons who had robbed the collector; upon which the deponent having applied to Bailies Robert Brown and Philip Millar, both in Anstruther-Easter, he got the accused committed to prison; and further depones that as the panels were being carried prisoners to Edinburgh, and while they were halting at Kirkcaldy, the deponent asked George Robertson, panel, what was become of the collector's purse of gold, George answered that Andrew Wilson, the other panel, told him that William Hall got the purse; upon which the deponent inquired at Hall about it, and added that unless he confessed and discovered where the purse was, he could not expect that the promises made would be kept to him; when after some entreaty Hall told deponent that he had dropped it upon being seized in a wet furr near a dung-hill, and accordingly the deponent went back to Pittenweem, and upon application to Bailie Andrew Fowler, of Pittenweem, and in his presence the purse was found near to a dung-hill between Anstruther-Wester and Pittenweem, in the spot described by Hall, with fifty-two guineas and a-half in it, which purse and gold was given to the deponent, and the purse exhibited in court being shown to him, he thinks it is the very same purse. And all this is truth, as he shall answer to God. (Signed) Alexander Clerk; Andrew Fletcher.
John Galloway, servant to Patrick Galloway, horse-hirer in Kinghorn, aged twenty-six, depones that at the time libelled, William Hall came to the deponent's master's house in Kinghorn, and desired him to get two horses, one for himself and one for the deponent, telling him that they were going to Anstruther to get some brandy; and that George Robertson and Andrew Wilson were to be their masters and pay their expenses; and desired him to go to the houses where they then were. The deponent having gone accordingly, and spoken to the said persons, George Robertson desired to get their horses ready, and Hall and the deponent to go before and they would overtake them; that about six o'clock at night they came to Anstruther-Easter, and set up their horses in James Wilson's house, where he found Andrew Wilson before him; and after they put up their horses they went to Andrew Johnston's there, where they found Robertson and Wilson drinking punch. Depones that the three panels and the deponent went from Anstruther to Pittenweem on foot, between ten and eleven o'clock at night. Depones that when they came to Pittenweem, he (the deponent), Hall, and Wilson went into a house, but does not know the name of the landlord, where they drank a bottle of ale, and it was agreed while they were there that Robertson and the other panel should walk on the street; that when they came out of that house, the three panels and the deponent went to Widow Fowler's house, where they drank some ale and brandy. Andrew Wilson having asked the landlady if she could lodge any casks of brandy for him, she desired him to speak low, because the collector was in the house; upon which Wilson said, Is he here? She answered, he was. Robertson, the panel, called for a reckoning, and all four went down stairs, at least went to the stair-head. Robertson, Hall, and the deponent went out to the street, and as the maid was going to shut the outer door, Andrew Wilson pushed it open and went in, upon which the deponent and William Hall went in also; and George Robertson drew his cutlass and stood at the outer door, saying that no person should go out or in of that house but upon the point of that weapon. Depones when they went in to the house they saw Andrew Wilson standing at the door of the room where the collector was lodged, and the lower part of the door broken; that upon seeing the door broken, he, the deponent, asked Wilson what it meant? or what he would be at? to which Wilson answered, that he had lost a great deal of money, and understood that there was some of it there, and was resolved to have it back again; upon which the deponent said to him, that he would have nothing to do in the matter. Depones that after the door of the collector's room was broken open as aforesaid, Andrew Wilson went into the room, and brought out a pair of breeches, and shewing them to the deponent, said, "Here is a good deal of money;" the deponent telling him that he would have nothing to do with it, the said Andrew took out several handfuls of money, and put it into the deponent's pocket; which money, except a few shillings, the deponent delivered back to the said Andrew Wilson in the house of James Wilson in Anstruther. Depones that Andrew Wilson went again into the room, and brought out a cloak-bag, which he desired the deponent to carry, which he refused to do. The said Andrew then carried the cloak-bag himself, till they came to the end of the town, together with a pair of pistols, which he then delivered to William Hall, who carried it half way to Anstruther, and then Andrew Wilson desired Hall to set it down, that they might see if there was any bank-notes in it; and Hall, having opened the cloak-bag, took out some linens and a bible, which he stowed about himself. That at the same time he saw Andrew Wilson take out of his pocket the pocket-book, out of which he took several bank-notes and put in his pocket, and then threw the pocket-book on the floor. Depones that Andrew Wilson and the deponent went out of Wilson's house, and threw one of the pistols and some linens which they had brought from Pittenweem in among some straw in a barn-yard; thereafter the deponent, Bailie Thomas Brown, Anstruther-Easter, and some soldiers, went to the place where the cloak-bag was left, and to the barn-yard where the pistols and linen were thrown, where they were all found. Being further examined, depones that as Wilson and Hall and the deponent were on the road from Pittenweem to Anstruther, a little to the west of Sir John Anstruther's house, they met Mr Clerk, the supervisor, and some soldiers, who, having challenged him who they were, one of the soldiers seized Hall with his halbert, upon which Andrew Wilson and the deponent made their escape. Depones that the cutlass now produced is the same that George Robertson had in his hand at Widow Fowler's house. Causa scienticæ patet. And this is truth, as he shall answer to God, and depones he cannot write. (Signed) James Mackenzie.
Upon the indictment against the panels being read in court, they all pled "Not guilty," and certain defences were offered for them.