merchant there.
28. David Paterson, insurance-broker there.
29. Francis Sharp, merchant there.
30. James Donaldson, printer there.
31. John Hutton, stationer there.
32. John Balfour, papermaker there.
33. Robert Young, upholsterer there.
34. John Learmonth, junior, tanner there.
35. Thomas Cleghorn, coachmaker there.
36. Thomas Hutcheson, merchant there.
37. James Craig, corn merchant there.
38. Alexander Bruce, merchant there.
39. Benjamin Yule, baker there.
40. William Smellie, printer there.
41. Orlando Hart, shoemaker there.
42. James Ranken, merchant there.
43. William Young, baker there.
44. William Brown, grocer there.
45. Alexander Weir, painter there.
Rob. M‘Queen.
Dav. Dalrymple.
Dav. Rae.
List of Witnesses To Be Adduced in Exculpation Of
William Brodie.
1. Robert Smith, wright in Edinburgh, late foreman to the said William Brodie.
2. George M‘Intosh, also wright, and late journeyman to the said William Brodie.
3. John Niel, also wright, and late journeyman to the said William Brodie.
4. Arthur Giles, wright in Edinburgh.
5. William Watson, wright in Canongate.
6. William Retson, or Reston, nailer, Portsburgh.
7. James Cargill, ironmonger, Edinburgh.
8. Alexander Miller, ironmonger there.
9. George Burton, ironmonger there.
10. James Goldie, ironmonger there.
11. Daniel MacLean, waiter to William Drysdale, vintner in Edinburgh.
12. George Lees, coachmaker there.
13. Alexander Fergusson, dyer there.
14. Patrick Taylor, smith there.
15. Charles MacLeod, apprentice to Patrick Taylor.
16. Agnes Finlay, spouse to Michael Henderson, stabler, Grassmarket.
17. Alexander MacKay, inner turnkey in the Tolbooth of Edinburgh.
18. James Reid, indweller in Edinburgh, and present prisoner in the Tolbooth.
19. Alexander Brodie, baker, Nether Bow.
20. James Murray, sheriff-officer.
21. Helen Alison, spouse to William Wallace, mason, Libberton’s Wynd.
22. Jane Watt, residenter there.
23. Peggy Giles, servant to—Grahame, publican at Mutton-hole, near Edinburgh.
24. Matthew Sheriff, upholsterer in Edinburgh.
Under protestation to add and eik.
Alexander Wight, for the pannel.
The diet having been called “at the instance of Ilay Campbell, Esquire, His Majesty’s Advocate, for His Majesty’s interest, against William Brodie, sometime wright and cabinetmaker in Edinburgh, and George Smith, sometime grocer there,” the Lord Justice-Clerk desired the pannels to attend to the indictment then to be read.
Mr. Norris, Depute-Clerk of Court, then read aloud the indictment, after which,
The pannels having been asked to stand up,
The Lord Justice-clerk—William Brodie, you have heard the indictment raised against you by His Majesty’s Advocate—are you guilty of the crime therein charged, or not guilty?
William Brodie—My Lord, I am not guilty.
The Lord Justice-clerk—George Smith, you have heard the indictment raised against you by His Majesty’s Advocate for His Majesty’s interest—are you guilty of the crime therein charged, or not guilty?
George Smith—Not guilty, my Lord.
The Lord Justice-Clerk then asked the counsel for the pannels if they had any objection why the said indictment should not be remitted to the knowledge of the assize.
Mr. Charles Hay—My Lords, I appear as counsel for William Brodie, the prisoner at the bar. I do not observe anything in this indictment upon which I can found an objection to the relevancy of it, and therefore I will at present confine myself to a simple denial of the charge against Mr. Brodie, and your Lordships will fall to pronounce the usual interlocutor on the relevancy, in which the prisoner will be allowed a proof of all facts and circumstances tending to his exculpation.
The Solicitor-General—My Lords, I desire to know the nature and tendency of the exculpatory evidence proposed to be adduced, in order that, in the course of leading the proof upon the part of the prosecutor, we may be prepared to meet it.
The Lord Justice-Clerk—It is not sufficient for the prisoner to deny the charge if he intends to prove any facts in exculpation; it is but fair to the public prosecutor and to the gentlemen of the jury that these should now be mentioned that they may have them in their view in the course of the trial.
The Dean of Faculty—My Lords, I likewise appear as counsel for William Brodie, the prisoner at the bar. I admit that it is fair to mention the facts which are to be insisted on in his defence; and therefore, adhering to the general denial of the crime charged, we undertake to prove that Mr. Brodie went, before eight o’clock of that night in which the Excise Office is said to have been broken into, to the house of Janet Watt, a person residing in Libberton’s Wynd, with whom he had a particular connection, and that he remained in that house from the said hour until about nine o’clock the next morning. This will be instructed by the woman herself and by other unexceptionable witnesses.
Mr. Robert Hamilton—My Lords, I appear as counsel for the prisoner George Smith. No objection appears to me upon the relevancy of the indictment, and the prisoner rests his defence upon a general denial of the facts charged, having no exculpatory proof to offer.
The Court then pronounced the following interlocutor:—
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