was to be attempted to save his life. Shortly before the hour of his execution, the Deacon was to beg that he might speak to certain of his friends alone for a few moments upon his private affairs. This request being complied with, the opportunity should be seized for introducing into his throat and mouth a small silver tube made for the purpose, with the view of preventing suffocation, and wires were to be carried down his sides from head to foot to save the jerk from the scaffold. The executioner was to be induced to give him a short drop, and other liberties were to be taken with the fatal rope. A surgeon—doubtless the philanthropic Degravers—was to be in attendance to bleed him as soon as the body was cut down; and, if this succeeded, the Deacon was to lie quiet in his coffin, exhibiting no symptom of life, till such time as it could be safely removed to his own house for presumed interment by his relatives. Whether or not this remarkable programme was ever carried out is not recorded.
It would appear from these reports that an attempt of some kind was made with a view to resuscitate the Deacon; and there is no doubt that many people believed at the time that he had “cheated the wuddy” after all. It was said that he had actually revived and made good his escape from Scotland; that he was afterwards seen and conversed with in Paris. His coffin was certainly interred in the north-east corner of the burying-ground of St. Cuthbert’s Chapel of Ease—now Buccleuch Parish Church; but there is a tradition that, on a subsequent occasion, the grave was opened, when no trace of his body could be found.
These stories are probably apocryphal; but they are curious as showing the exceptional interest which the Deacon’s strange career aroused in the minds of his fellow-townsmen. And although his mortal remains, wheresoever situated, must long since have crumbled into dust, the name and doings of Deacon Brodie are indissolubly associated with the annals of that ancient city in which, to a conclusion so disastrous, he played his double part.
THE TRIAL
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WEDNESDAY, 27th AUGUST, 1788.
The Court met at Nine o’clock.
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Judges Present—
| THE LORD JUSTICE-CLERK (Lord Braxfield). LORD HAILES. LORD ESKGROVE. | LORD STONEFIELD. LORD SWINTON. |
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Counsel for the Crown— The Lord Advocate (Ilay Campbell). The Solicitor-General (Robert Dundas). William Tait and James Wolfe Murray, Esqs., Advocates-Depute. Agent— Mr. Robert Dundas, Clerk to the Signet. ——— Counsel for the Pannel William Brodie— The Dean of Faculty (Hon. Henry Erskine). Alexander Wight and Charles Hay, Esqs., Advocates. Agents— Mr. Robert Donaldson, W.S., and Mr. Alexander Paterson, Writer, Edinburgh. ——— Counsel for the Pannel George Smith— John Clerk and Robert Hamilton, Esqs., Advocates. Agent— Mr. Æneas Morrison, Writer, Edinburgh.
CURIA JUSTICIARIA S. D. N. Regis, Tenta in Nova Sessionis domo de Edinburgh, Vicesimo Septimo die Augusti millesimo septingentesimo Octogesimo octavo, Per Honorabiles Viros; Robertum M‘Queen de Braxfield, Dominum Justiciarium Clericum; Dominum Davidem Dalrymple de Hailes, Baronetum; Davidem Rae de Eskgrove; Joannem Campbell de Stonefield; et Joannem Swinton de Swinton, Dominos Commissionarios Justiciariae dict. S. D. N. Regis.
Curia Legitime Affirmata.
INTRAN. William Brodie, sometime Wright and Cabinetmaker in Edinburgh, and George Smith, sometime Grocer there, both prisoners in the Tolbooth of Edinburgh,
Pannels.
INDICTED and ACCUSED at the instance of Ilay Campbell, Esq., His Majesty’s Advocate for His Majesty’s Interest, for the Crime of Theft attended with House-breaking, in manner mentioned in the Criminal Indictment raised against them thereanent, bearing as follows:—
WILLIAM BRODIE, sometime Wright and Cabinetmaker in Edinburgh, and GEORGE SMITH, sometime Grocer there, both prisoners in the Tolbooth of Edinburgh, You are indicted and accused at the instance of Ilay Campbell, Esq., His Majesty’s Advocate, for His Majesty’s interest: THAT ALBEIT, by the laws of this, and of every well-governed realm, THEFT, more especially when attended with house-breaking, and when committed by breaking into a house used or kept as an Excise Office, or other public office, under cloud of night, and from thence abstracting and stealing money, is a crime of an heinous nature, and severely punishable: YET TRUE IT IS, AND OF VERITY, That You, the said William Brodie, and George Smith, are both, and each, or one or other of You, guilty actors, or art and part, of the said crime, aggravated as aforesaid: IN SO FAR AS, upon the night of the 5th day of March, last, in this present year of our Lord 1788, or upon one or other of the days or nights of that month, or of February immediately preceding, or of April immediately following, You, the said William Brodie, and George Smith, did, by means of false keys, or other instruments, wickedly and feloniously break into the house in which the General Excise Office for Scotland was then kept, in Chessels’s buildings, on the south side of the High-street of Canongate of Edinburgh, within the royalty or liberties of the city of Edinburgh, and county of Edinburgh, and did thence feloniously abstract and steal money, to the amount of Sixteen pounds Sterling, or thereby, consisting partly of Bank-notes, and partly of silver and halfpence. And You, the said George Smith, having been afterwards apprehended, and brought before Archibald Cockburn, Esq., Sheriff-depute of the county of Edinburgh, did, in his presence, emit three several declarations; the first of date the 8th day of March, the second of date the 10th day of March, and the third of date the 19th day of March, all in this present year of our Lord 1788: And having afterwards been brought before John Stewart, Esq., Sheriff-substitute of the said county, You did, in his presence, emit a fourth declaration, of date the 17th day of July, likewise in this present year 1788: The first of which declarations was signed by the said Archibald Cockburn, the second and third by you, the said George Smith, and the said Archibald Cockburn, and the fourth by you, the said George Smith, and the said John Stewart. AND FURTHER, You, the said William Brodie, having, in the month of March last, when the said George Smith was committed to prison, left Edinburgh, and fled from this country; and having afterwards been brought back, and taken into custody, did, upon the 17th day of July, in this present year 1788, in presence of the said Archibald Cockburn, Esq., emit a declaration, which was signed by you, the said William Brodie, and the said Archibald Cockburn; the whole of which declarations, together with a letter written by You, the said William Brodie, and signed John Dixon, dated at Flushing, Tuesday, 8th April, 1788, twelve o’clock forenoon, and addressed to Mr. Matthew Sheriff, upholsterer, Edinburgh; another letter, or two letters, on one sheet of paper, written by You the said William Brodie, and signed with your initials, dated Thursday, 10th April, 1788, and addressed to Mr. Michael Henderson, Grass-market, stabler, Edinburgh; an unsigned scroll, or copy of a letter, in the hand-writing of You, the said William Brodie, marked No. 1. without date or address; another unsigned scroll, or copy of a letter, in the hand-writing of You, the said William Brodie, marked No. 2. without date or address; an account, or state, in the hand-writing of You, the said William Brodie, entitled, “A state of my affairs, as near as I can make out at present from memory, having no other assistance”; a letter, dated London, 1st May, 1788, signed Lee, Strachan, and Co. and addressed to Mess. Eml. Walker and Co., merchants, Philadelphia; a gold watch, with a chain, seal, and key; a chest, or trunk, containing various articles; a five-pound bank-note; an iron coulter of a plough; two iron wedges; an iron crow; a pair of curling irons or toupee tongs; a spur; a dark lanthorn; a pair of pistols; several false keys and pick-locks; and two spring-saws; are all to be used in evidence against You the said William Brodie and George Smith; and, for that purpose, will be lodged in the hands of the
