Chapter IX: Introduction (7)

WITNESS--I am acquainted intimately with both the pannels, and have been frequently in company with them, and with Andrew Ainslie, then a shoemaker in Edinburgh. I have met Brodie often at Smith’s house and other places. I know that the General Excise Office in Chessels’s Buildings was broken into upon Wednesday, the 5th of March last; I was myself one of them that broke into it, and Andrew Ainslie and the two prisoners were along with me. George Smith and I were within the office, Brodie was at the door, and Andrew Ainslie was without, keeping watch. We had resolved three months before to break into it; and on the 30th of November last, the night on which the Free Masons made a public procession last winter, Smith, Ainslie, and I went to the Excise Office and unlocked the outer door with a false key. We went in together, and opened the inner door to the hall with a pair of toupee irons, but none of the keys we had would open the cashier’s door. Smith said a coulter would be a good thing to open it with. Thinking it too late to remain longer, we came out again; but we could not lock the outer door with the key, and therefore left it unlocked. Last spring Ainslie and I went to Duddingston, and drank a bottle of porter in a house there; afterwards we went into a field in the neighbourhood, in which there were two ploughs, and carried off the coulter of one of them, which we hid in Salisbury Crags. On the evening of the 5th of March last, which was two or three days afterwards, when it was about dusk, Ainslie and I went out to Salisbury Crags for the coulter, and brought it in with us to Smith’s house. Smith was at home, but Brodie was not yet come, although we expected him. The hour at which we had agreed to meet was seven, but Mr. Brodie did not come until near eight. The purpose of our meeting was to go and rob the Excise Office that night. We were in Smith’s room above-stairs when Brodie joined us, and we there drank some gin and “black cork,” and ate some herrings and chicken. By “black cork” I mean Bell’s beer. Mr. Brodie was then dressed in black; in the preceding part of the day I saw him in white or light-coloured clothes. I do not remember that he had a great-coat on when he came to us at Smith’s in the evening. When he entered the room he took a pistol from his pocket, and repeated the verse of a song of Macheath’s from a play, words like--“We’ll turn our lead into gold,” or such like.[12] After we were all met together, it was agreed upon that Ainslie should remain on the outside of the Excise Office, within the rails, with a whistle, to give the alarm in case of danger; that Brodie was to be stationed within the outer door for the same purpose; and that Smith and I should go into the cashier’s room. Accordingly, Ainslie left Smith’s first, and in some time after I followed. Brodie was not disguised, but Smith and I had crapes in our pocket, and Smith had likewise a wig, which, I believe, had once belonged to Brodie’s father. When I came to the mouth of the entry to Chessels’s Buildings, I met the old man who usually locked the door coming out, and went after him and saw him go home. My reason for so doing was to see that he had not gone on an errand and to return. When I came back to the court I met Brodie in the entry, who told me that Smith had gone into the office, and desired me to go in. I went down the close with him, saw Ainslie at his post, and received the coulter, or “Great Samuel,” from him, and carried it in with me to the office. I found the outer door open and Smith in the hall. The outer door of the cashier’s room was opened by Smith with a pair of curling irons, and I assisted him to force open the inner door of the cashier’s room with the coulter and a small iron crow. After we got in, Smith, who had a dark lanthorn with him, opened every press and desk in the room where he suspected there was any money; some by violence and others with keys which we found in the room. We continued there about half-an-hour, and found about sixteen pounds of money in a desk in the cashier’s room, which we carried away with us. It consisted of two five-pound notes, six guinea notes, and some silver. We heard some person come upstairs, and cocked our pistols, which were loaded with powder and ball. Smith said he supposed it was some of the clerks going into one of the rooms. We heard no whistle while we were in the office. When we came downstairs, Brodie and Ainslie were both gone. We left the outer door of the Excise Office unlocked, and carried the key away with us. We then came up to the Canongate, and went across it, and down another street a little below--Young’s Street. I stopped in the middle of the last street, pulled off my great-coat and gave it to Smith. I then returned, went down to the Excise Office door, where everything seemed to be quiet; afterwards I went to Smith’s house, where in a little I was joined by Smith, and soon afterwards by Ainslie. I did not remain there long, when Smith recommended it to me and Ainslie to go over to Fraser’s house in the New Town, that we might avoid suspicion; and we went accordingly. I knew at the time that Smith was making a key for the outer door of the Excise Office. [Here the witness was shown a key.] That is the key he so made, and with which he opened the door. We had three pair of pistols along with us, all of which were previously loaded by Smith with powder and ball. [Here the pistols libelled on were shown the witness.] These are a pair of them, but whether that pair was carried to the Excise Office by Smith or me I cannot say. I saw Mr. Brodie have a pistol in his hand in Smith’s house. When Brodie came to Smith’s first that night he brought with him some small keys, and a double pick-lock, which we all looked at. [Here the pick-lock libelled on was shown to the witness.] This is the same that was used on that occasion. On Friday, the 7th of March, I was sent for to Smith’s house. Brodie, Smith, and Ainslie were there, and the money which we got in the Excise Office was then equally divided between us. I got about four pounds from Brodie to my share. I saw all the money in Smith’s room above-stairs before it was divided, and there were two five-pound bank-notes amongst it. On the same Friday evening, I went with Smith and Ainslie to Drysdale’s, in the New Town, and saw Smith change one of the five-pound notes there, when purchasing a ticket for his wife in the mail-coach to Newcastle. I went to William Middleton on Friday night, the 7th of March last, and told him that I wished to make a discovery as to the late robberies; he carried me the same night to Mr. Scott, the Procurator-Fiscal, but I did not at that time mention anything of Brodie’s concern in them. The next day I was sent to England to trace some goods taken from Inglis & Horner’s shop. I returned on the 15th of March, and was the same day examined by the Sheriff. I was informed that Smith had emitted a declaration, informing of Brodie’s guilt, in consequence of which he (Brodie) had absconded, and then for the first time I mentioned that Mr. Brodie had been concerned with us.[13] Ainslie informed Smith and me that he had seen two men come up the close before he quitted his post at the Excise Office and went away. Smith carried the money which was found in the Excise Office away with him, and he afterwards gave it to Brodie, who made a fair division of it on the Friday. On the Thursday I did not see him.

Lord HAILES--John Brown, you have already been told by the Court that you ought to pay no regard to what was contained in your declarations before the Sheriff, and that, whatever you may have formerly said, you cannot now hurt yourself by speaking the truth. I intreat you to reflect on the evidence you have given this night, and if you are conscious of having said anything which you ought not to have said, that you may say so to the Court and to the jury. It is not as yet too late, but if you neglect the opportunity which you now have it will never recur to you again; and I earnestly desire you to beware of this, that if you have said anything this night to the prejudice of these men at the bar that is not true, and if you do not undeceive the Court and the jury before you leave this house, you will commit a most heinous sin against the God of heaven, in whose presence you now stand, and you will be guilty of perjury and of murder.

Cross-examined by the DEAN OF FACULTY, for William Brodie--When you went first to Mr. Scott, the Procurator-Fiscal, did you say anything concerning the breaking of the Excise Office?

WITNESS--I did.

The DEAN OF FACULTY--Who did you say was concerned with you?

WITNESS--George Smith. I did not mention either Brodie or Ainslie until I returned from England.

The DEAN OF FACULTY--Are you sure that Mr. Brodie brought his pistols to Smith’s in the afternoon?

WITNESS--I am certain.

The DEAN OF FACULTY--Did you not say that when he came to Smith’s before eight o’clock he had his pistol in his hand?

WITNESS--I did.

The DEAN OF FACULTY--How could he have left them at Smith’s, then, in the afternoon?

WITNESS--I did not say he left them there; he brought them there, but carried them away with him again. I am certain as to the small pistols that Mr. Brodie carried in his breeches pocket.

The DEAN OF FACULTY--Was Mr. Brodie present when the pistols were loaded?

WITNESS--He was.

The DEAN OF FACULTY--When did Mr. Brodie first come to Smith’s that day, and how was he dressed?

WITNESS--He came in coloured clothes, between dinner and tea.

The DEAN OF FACULTY--Might that be four o’clock?

WITNESS--I could not tell what o’clock it was.

The DEAN OF FACULTY--Was it after three o’clock that afternoon?

WITNESS--I am not certain.

The DEAN OF FACULTY--Was it after two o’clock?

WITNESS--Yes, I am certain it was.

The DEAN OF FACULTY--Were these the pistols he brought with him? [The pistols produced.]

WITNESS--No, not these; I did not say these, but another pair, since the truth must be told. Do not think to trap me; you may make something of me by fair means, but not by foul. I do not understand the meaning of being thus teased by impertinent questions.

The DEAN OF FACULTY--The more violent the gentleman is, so much the better for my client. The jury will take notice of the manner in which he gives his evidence.

Lord ESKGROVE--My Lord Justice-Clerk, the witness should be told that he ought not to talk in that manner to the counsel.

The LORD JUSTICE-CLERK [to witness]--Mr. Brown, you are going too far; it is the duty of these gentlemen to put any questions to you which they think proper, relating to the crime charged.

WITNESS--My Lord, in giving my evidence, I have said nothing but the truth, and I have rather softened the matter than otherwise, with regard to Mr. Brodie.

The DEAN OF FACULTY--At what hour, sir, did you go to the Excise Office on the night you have mentioned, and when did you return to Smith’s?

WITNESS--As I was going down to the Excise Office the clock struck eight, and I was back again at Smith’s house about nine o’clock.

Cross-examined by Mr. JOHN CLERK, for George Smith--Pray, sir, how do you know that to be the key with which Mr. Smith opened the door of the Excise Office? You said just now that you were not present when Smith opened the door; that he was in before you arrived.

WITNESS--I know very well that that was the key, because I knew he made it for that purpose.

Mr. JOHN CLERK--But how do you know that he opened the door with that key on the 5th of March?

WITNESS--I know he made the key so far back as November last. I know the key very well; there is not a key in five hundred like it. You will not show me such a key in Edinburgh. There is no smith in this city could make such a key.

Mr. JOHN CLERK--That is no answer to my question.

The LORD JUSTICE-CLERK--It is enough to satisfy any sensible man.

Mr. JOHN CLERK--It is for the jury, my Lord, to judge of that.

[To Witness]--You mentioned your having on a great-coat when you broke into the Excise Office; pray, sir, was that great-coat your own, or to whom did it belong?

WITNESS--It belonged to Michael Henderson, stabler in the Grassmarket, and I carried it home to him the following night.

Mr. JOHN CLERK--Did you carry anything to Mr. Henderson along with it?

WITNESS--I did not.

The LORD JUSTICE-CLERK--John Brown, you appear to be a clever fellow, and I hope you will now abandon your dissipated courses, and betake yourself to some honest employment.

WITNESS--My Lord, be assured my future life shall make amends for my past conduct.

The LORD ADVOCATE--My Lord, the parole evidence on the part of the Crown being now closed, the declarations and other writings, which have been authenticated in the presence of your Lordships, fall now to be read to the jury, but as there are some parts of Smith’s declarations which relate to matters not immediately connected with the subject of the present trial, I do not desire that these parts of his declarations should be read by the Clerk of Court or communicated to the jury.

[After some conversation, this proposal, which did much honour to his Lordship, was agreed to, and such parts of the declarations as were not read in Court were pasted over with paper, that they might not be looked into through mistake by the jury after they were inclosed.]

Declarations of George Smith.

No. I.

At Edinburgh, 8th March, 1788.

The which day compeared, in presence of Archibald Cockburn, Esq., His Majesty’s Sheriff-depute of the shire of Edinburgh, George Smith, grocer in Edinburgh, who, being examined and interrogated by the Sheriff, declares,

That it is about a year and a half since the declarant came to Scotland; that he was never in it before; that he was born at Boxford, within four miles of Newburgh, Berkshire; that the declarant and his wife travelled the country of England as hawkers, with a horse and cart; that he brought a horse to this country but no cart; that, when he first came to Edinburgh, he put up at Michael Henderson’s, having heard his house mentioned by travellers in England as a traveller’s inn; that he was taken ill after his arrival in this country, and confined for about four months in Michael Henderson’s, which obliged him to send for his wife to this place; that he sent for goods from England, which he sold, as also his horse, in order to support himself.

That since he came to this country, he has frequented Clark’s in the Flesh Market Close, which is a gambling house, and in which house he was in use to meet with a variety of people, and among the rest Andrew Ainslie and John Brown; that the declarant first got acquainted both with Ainslie and Brown in Michael Henderson’s; that Ainslie gave himself out for a shoemaker, but the declarant cannot tell of what profession Brown is; that the club, as it was called, at Clark’s, as the declarant believes, has been doing little these three months past; that the declarant never played there to go very deep, and was never seen to win or lose above thirty shillings, having never taken more than that sum in his pocket alongst with him, but, upon recollection, thinks that he has won above thirty shillings; that the declarant inclines to believe that John Brown has rather been unfortunate at the club.

Declares and acknowledges that the declarant took a cellar in Stevenlaw’s Close from a woman whom he now sees in the office; that the declarant afterwards took Ainslie to the said woman and told her that this was the gentleman who was to possess her cellar; but he does not remember of calling him by the name of Campbell, or any other name; that the declarant gave the rent, which was ten shillings, to Ainslie, who gave it to the woman.

Declares that the declarant went with Ainslie to Mrs. Clark’s house in George’s Square, where Ainslie took a stable from that lady, but the declarant and Ainslie remained in the kitchen, and neither of them saw Mrs. Clark, as he thinks; that the declarant does not now recollect for what purpose Ainslie said it was he wanted to rent the stable; that the declarant saw Ainslie pay five shillings, or some such sum, as a month’s rent for the stable per advance.

And being interrogated, What was the purpose of the vice which stands in the cellar of his house?--Declares that he has had that for seven or eight years, and that he used it for putting tongues in buckles, or any thing of that sort, but he has not used it since he came to his present house; that his wife intended to have set out this day on a visit to her relations in England, and for that purpose the declarant took out for her a ticket in the mail-coach at Drysdale’s, where he exchanged a five-pound bank-note and paid for it.

Declares that the black dog now in the office belongs to a neighbour of his, but, from the declarant’s giving him now and then some bones to pick, he frequents the declarant’s house, and follows him and his wife; that the note he exchanged at Drysdale’s the declarant has had in his possession for above two months past; that he got it from a smuggler, and it was battered then as it is now. This he declares to be truth, and declares he cannot write.

ARCHIBALD COCKBURN.

No. II.

At Edinburgh, 10th March, 1788.

The which day compeared, in presence of the Sheriff of Edinburgh, George Smith, formerly examined on Saturday, the 8th current, after having sent notice to the Sheriff that he wished to speak with him. Came to the office and told the Sheriff that he wished to have an opportunity of making a clean breast, and telling the truth, upon which the Sheriff informed him that, as he, the Sheriff, knew he stood in a very ticklish situation, it was his duty to let him know that whatever he told or discovered was not to be accepted of under any condition or promise whatever, or that his doing so would operate anything in his favour, and that therefore he was at perfect freedom, either to speak or hold his tongue, as he judged best. And that the said George Smith having declared that he wished to tell the truth, and communicate all the guilty scenes in which he had been concerned for some time past, since he came to the town of Edinburgh, he was desired to proceed.

Declares that, in the end of October, or beginning of November last, the declarant, in company with Andrew Ainslie and John Brown, whose real name is Humphry Moore, went to the College of Edinburgh about one o’clock in the morning. Having got access at the under gate, they opened the under door leading to the Library with a false key, which broke in the lock, and thereafter they broke open the door of the Library with an iron crow, and carried away the College mace.

Declares that the declarant has, almost since his first arrival in Edinburgh, been acquainted with Deacon William Brodie, and he saw him first at Michael Henderson’s, where he was introduced to the declarant by one Graham at the time the declarant was confined in that house; that Brodie, in the course of conversation, suggested to the declarant that several things could be done in this place, if prudently managed, to great advantage, and proposed to the declarant that they should lay their heads together for that purpose.

That, in consequence of this concert, the declarant and Brodie were in use to go about together, in order to find out the proper places where business could be done with success; that Brodie, in their walks, carried the declarant to the College Library, where, having observed the mace standing, Brodie said that they must have it; that Andrew Ainslie was afterwards sent by the declarant and Brodie to look at the Library, under pretence of calling for somebody, in order to see if the mace was always in the same place, as they suspected it might be one day in the Library and another somewhere else, which would have rendered an attempt upon the Library precarious; that Ainslie reported that the mace was in the same place that the declarant and Brodie had seen it, and, upon getting this report, the theft of the mace was committed as before mentioned.

Declares that, since the mace was stolen, as the declarant thinks, the declarant, along with Brown and Ainslie, laid a plan of breaking into John Tapp’s house and taking his money; that this business was suggested, and pressed, by Brown, the declarant rather being averse to it; that Brown told the declarant that he knew the key of Tapp’s shop opened the door of his house, and brought it to the declarant to look at, which, upon seeing, the declarant said there was nothing in it, meaning by that, that the lock to which it belonged could easily be opened.

Declares that, accordingly, soon after this, and, as he thinks, about Christmas or near to it, Brown kept Tapp in his shop drinking, and the declarant and Ainslie, betwixt nine and ten o’clock at night, opened the door of the house with a false key and took out of his drawers eighteen guinea notes and a twenty-shilling one, a silver watch, some rings, and a miniature picture of a gentleman belonging to Tapp’s wife, which picture they broke for the sake of the gold with which it was backed.

Declares that in the month of August last, as he thinks, the declarant, in company with William Brodie and Andrew Ainslie, went to a shop in Leith, which they broke into by means of two pick-lock keys, one for the padlock and another for the stock-lock; that the declarant and Ainslie went into the shop and Brodie kept watch, to give an alarm in case of danger; that from this shop they carried off two pair of wallets full of tea, which were taken from four chests; that Ainslie was ill at this time, and Brodie being weakly, Ainslie and he could scarcely manage one of the wallets, which obliged him to put it into an old press bed (as the declarant took it to be) which they found standing in a shed in a field adjoining to the Bonnington Road to Leith; that it was proposed to lodge the tea in Brodie’s, but he afterwards objected to it, which was the reason that they never inquired after it more.

That about two months ago the declarant, in company with Andrew Ainslie, broke into the shop of Inglis, Horner & Company, and took therefrom a large assortment of valuable goods, composed of silks and cambricks; that the silks were mostly black, excepting two pieces, a piece of plain white sattin, a piece of variegated ditto, and a lead-coloured silk, in quantity about ten yards, which Brown gave to a girl, an acquaintance of his, of the name of Johnston; that the silks were all sent to England, except the silk before-mentioned, a piece of black silk of about two yards and a quarter, in two odd bits, which the declarant gave to his wife to make a cloak to her child, and about twelve yards and a half of thick tweel’d black silk for gentlemen’s vests and breeches, and two yards and a half of black florentine sattin, with about six yards of cambrick.

That Brodie suggested to the declarant the doing of Inglis & Horner’s shop, as the goods there were very rich and valuable, and a small bulk of them carried off would amount to a large sum; that Brodie and the declarant went frequently to try the pad and stock-lock of Inglis & Horner’s shop, and they did so most commonly on the Sunday forenoon, when the people were in church; that the padlock was of a difficult construction, and was opened at last by a key of the declarant’s own making; that Brodie made one that did it also, and he on one occasion went by himself with his key and unlocked the padlock, but could not lock it again, upon which he came to the declarant and told him what he had done, which he did also to Ainslie and Brown; that they were all very angry with him, and said that he had more than likely spoilt the place after all the trouble they had been about, but Brodie told them he hoped not, as he had fixed the padlock with a bit stick in a way that it would not be discovered, and, upon looking at the place afterwards, which they all did, they found the lock to be just as it was.

Declares that on Wednesday evening, the 5th instant, the declarant, along with William Brodie, John Brown, and Andrew Ainslie, between the hours of eight and ten o’clock at night, broke into the Excise Office and carried off from that about sixteen pounds, consisting of two five-pound notes, four guinea notes, one twenty-shilling note, and about seventeen shillings and sixpence in silver; that this money was divided among them, and Brodie received his share.

That Brodie first planned the Excise Office, and repeatedly carried the declarant there under pretence of calling for Mr. Corbett from Stirling, and other people, in order to learn the situation of the place, and, on one of these occasions, the declarant observed the key of the outer door hung upon a nail near by it, and, without taking it down, he clapped some potty upon it, and carried away the wards; that Brodie took a drawing of the wards of that key, which the declarant thinks he has in his possession; that Brodie told the declarant how to get into the cashier’s desk, and where the money lay, which was in two places, and in each of these places some money was found; that Brodie came to the knowledge of these circumstances, by being present, when Mr. Corbett, from Stirling, who is a connection of Brodie’s, drew money at the cashier’s office.

That, when they broke into the Excise Office, the outer door was opened by a key which the declarant had filed from the pattern before-mentioned; that the plan of accomplishing this business was as follows:--Ainslie was to keep on the outside of the office, hanging over the palisadoes in the entry with a whistle of ivory, which was purchased by Brodie the night before, with which, if the man belonging to the Excise Office came, he was to give one whistle, and if any serious alarm was perceived he was to give three whistles, and then make the best of his way to the Excise gardens in the Canongate in order to assist the declarant, Brodie, and Brown to get out at the back window of the hall, it being determined in case of surprise to bolt the outer door on the inside and make the best of their way by the window.

That Ainslie was armed only with a stick, which he left somewhere in the court, and which stick was purchased by the declarant; that Brodie had a brace of pistols, the declarant a brace and a half, and Brown a brace, which the declarant borrowed from Michael Henderson; that these arms were all loaded with double balls, as they were determined not to be taken, whatever should be the consequence.

That the declarant and Brown were told afterwards by Brodie and Ainslie that a person had come running down the court and gone in at the outer door and upstairs; that upon this Ainslie had given the alarm by a whistle, as was agreed upon, and made the best of his way, but none of them in the inside heard the whistle, at least neither Brown nor the declarant did, and Brodie said he did not; that when the door opened Brodie was standing behind it, and, upon the person’s running up stairs, Brodie made off; that the declarant and Brown, when in the cashier’s room, heard the outer door open, but, trusting to Brodie’s being at the door and staunch, they did not mind it; that the declarant and Brown, when coming out of the cashier’s office, heard a person coming hastily down stairs, which made them stop or they must have met him; that upon this the declarant said to Brown, “Here must be treachery; get out your pistols, and cock them,” which they did accordingly; that upon coming to the outer door they found it shut, the declarant and Brown having seen the person that came down stairs smash the door after him when he went away.

That the declarant and Brown went down into Young’s Street, where Brown gave the declarant a small crow, with some wedges, and a shirt, as also a large chissel; that the chissel and the shirt were given to Brodie afterwards, with the bank-notes, the declarant’s dark lanthorn, and two bottles, which they had carried off from the Excise Office, and took for wine; that the key with which the outer door was opened, the crow, and a pair of curling irons with which the outer door of the cashier’s room was opened, were all hid by the declarant in a wall between the Earthen Mound and the North Bridge.

That, in virtue of repeated observations, it was discovered that two men watched the Excise Office time about, and Ainslie and Brown found out that from eight to ten o’clock at night there was commonly no man in the Excise Office, which was the reason of the thing being done at that time.

That it was concerted by Brodie, in case of interruption, by the man coming into the office before the business was accomplished, to conceal themselves quietly until he was gone to rest, and then to secure him; and they were, if this happened, to personate smugglers who came in search of their property that had been seized, and the declarant had a wig of Brodie’s father’s in his pocket in order to disguise himself; that the wig and scarf and small wedges were left in the second arch from the south of the North Bridge; that the scarf was within the wig.

That Brodie, after having been in the Excise, where he had on black clothes, went home and changed them to his ordinary dress, of a marbled colour, and a round hat; and that Brodie told the declarant that his sister had remarked him changing his dress in such a hurry.

That there is in Brodie’s house a horse-pistol belonging to the declarant, as also a very large, remarkable key, which Ainslie and Brodie stole from the Abbey when there was a sale there; that Brodie has a parcel of keys of different sorts, which he has been altering, and among them is the key which he had made for Inglis & Horner’s padlock; that, in Brodie’s bedroom, there is a chest containing a false till, in which the declarant inclines to think some of Brodie’s false dice and other things leading to a detection of his guilt may be found.

That the College mace and Tapp’s watch were sent to Chesterfield, under the direction of William Ward, at William Cowley’s, “Bird in Hand,” Chesterfield, Derbyshire, to which place, and at which time, the rings taken from Tapp and the gold from the miniature picture were also sent; that a private letter was wrote by Brown, as he thinks, to one Tasker, formerly of this place, and whose real name is Murray, a man of bad character, which letter had no name at it but only a G. and S., and a stroke for each of the other letters in the declarant’s name; that the pocket-book taken from Tapp’s, with the money, was thrown by Ainslie and the declarant into a deep piece of water to the south of the Meadows.

That the goods taken from Inglis & Horner’s shop were sent to Chesterfield in trunks, one of which was purchased by the declarant and another by Ainslie; that the declarant knows the places where they were purchased, and will point them out.

That the first trunk went from this by the Berwick carriers three weeks ago on Wednesday next; that the goods were removed from a cellar, in which they were originally put, in Stevenlaw’s Close, taken for the purpose, notwithstanding of what was said by the declarant in his declaration of Saturday last; that Ainslie went and brought a porter from the street, who received the goods from the declarant and Ainslie half-way or more up Burnet’s Close, where Brown and Ainslie lodged, near the bottom; that the porter had no creel, but only ropes, with which he tied the trunk upon his back; and Ainslie followed him and saw him carry and deliver it to the Berwick carrier’s quarters, for which he received sixpence.

That the second parcel of the above goods were sent under the direction of Elizabeth Scott or Sprott, at William Cowley’s, “Bird in Hand,” Chesterfield, and the reason of putting this was because the initials of her name were upon the top of the trunk; that no letter was wrote to Tasker or Murray about the last parcel of goods, as the declarant’s wife was to have left this on Saturday last, and the declarant told her he had some goods for her to dispose of at Chesterfield; but she knew nothing how the goods were obtained, and is entirely innocent of any participation or knowledge of his crimes.

Declares that Brodie brought with him to the declarant’s house, a day before, as he thinks, the Excise Office was robbed, a coil of ropes, new, which he either had in his possession or must have bought, as also a strong chissel with a brass virral, and two pieces of wax taper; that the brass chissel is, as the declarant believes, now in Brodie’s shop or house.

That the coulter with which the inner door of the Excise Office was broke open, and two iron wedges, were taken from a plough by Brown and Ainslie near to Duddingston, as they said, the Friday before; and the declarant makes no doubt but a black dog, Rodney, might be with them, which used to follow the declarant and them; that the coulter and wedges were left in the cashier’s office, and were concealed in Salisbury Crags from the time the coulter was taken away to the time the Excise Office was broke. This he declares to be truth.

And further declares that the ropes brought by Brodie, as before mentioned, are in the declarant’s house, as also a vice and files and a spring-saw, with which the declarant used to make and alter keys; that the saw the declarant got from Brodie about five or six months ago; that the declarant, before this, bought a saw, with a pair of large pincers, at a hardware shop below Peter Forrester’s, on the High Street, and the declarant inclines to think that Brodie bought his saw at the same place; that in the declarant’s drawer, along with the said saw and files, there will also be found a keyhole saw, which was bought and given to the declarant by Brodie.

This he also declares to be truth; and declares that the declaration emitted by him on Saturday last, so far as is inconsistent with the present, is not true.

GEORGE SMITH. ARCHD. COCKBURN.

No. III.

At Edinburgh, 19th March, 1788.

The which day compeared, in presence of Archibald Cockburn, Esq., advocate, His Majesty’s Sheriff-depute of the shire of Edinburgh, George Smith, present prisoner in the Tolbooth of Edinburgh, who, being examined, declares,

That the small crow, the false key, and the curling tongs, now shown to him, are the same that were found by the declarant, William Middleton, A. Williamson, and J. Murray, in an old dyke on the 16th instant, and the label annexed to them is signed by the declarant as relative hereto, of this date.

Declares that the said crow was carried to the Excise Office for the purpose of opening the desks in the cashier’s room; that the said false key is the one that opened the outer door of the Excise Office, and the curling tongs were squared at the point by the declarant and taken to the Excise Office for the purpose of opening the spring latch of the outer door of the cashier’s room, which it did.

And, being shown a coulter and two wedges, declares that he believes they are the same that were used in forcing open the inner door of the cashier’s room in the Excise Office and were left there.

And, being also shown a spur, with the upper leather at it, declares that it belonged to William Brodie; and the declarant tore the end of the leather in order that it might appear, when found, to have dropped from the foot by its being torn by accident by the buckle; that Brodie brought the said spur to the declarant’s house, and from thence it was taken to the Excise Office, on purpose that it might be left there, to make it believed it had been done by some persons on horseback; that the spur was left in the Excise Office by John Brown, as the declarant was told by him upon the declarant’s questioning him if he had done it, and the label annexed to the spur is signed by the declarant as relative hereto, of this date.

And, being shown a parcel of ropes which the declarant is now told were found in his house, declares that the declarant has no doubt but that they are the same ropes which were brought to the declarant’s house by Brodie, and, after being knotted into a ladder, were carried to the Excise Office by the declarant, brought from thence by him, and unknotted again in the declarant’s house, in which case he now sees they are.

And, being shown a pick-lock, which the declarant is informed was found in William Brodie’s counting-room in the shop, declares that it is the same which William Brodie gave to the declarant in his own house before they went to the Excise Office, and which Brodie wanted to fasten with some nails, as the handle of it went round when the pick-lock was much pressed; declares that the declarant carried that pick-lock to the Excise Office, and, after they had left it, it was returned by the declarant to Brodie when under the arch of the North Bridge, where Brodie’s father’s wig, the scarf, and wedges were left, as mentioned in his declaration of the 10th instant; and the label annexed to the said pick-lock is signed by the declarant as relative hereto, of this date.

And being shown a black case, with a lid to it, the case full of potty, declares that it was found, as the declarant thinks, in Mr. Brodie’s drawers by the declarant and George Williamson on Monday, the 10th instant; that the declarant had often seen the said case, with potty in it, before in Brodie’s possession when in the declarant’s house, and the declarant approved of Brodie’s keeping the potty in a case, as the lid prevented an impression of a key when taken from being defaced; and the said case and potty having now a label annexed to it, the same is signed by the declarant as relative hereto, of this date.

And, being shown a five-pound note, declares it is the same five-pound note which the declarant carried to Drysdale’s and changed there, to purchase his wife a ticket in the Newcastle stage; that the declarant believes it to be one of the five-pound notes taken from the Excise Office, they being both of the Glasgow Bank, but the other five-pound note was not ornamented with the same colour with the one now shown to him; that the notes were pasted on the back by Brodie, and the one now produced is signed by the declarant on the back as relative hereto, of this date.

And being shown a parcel of keys, declares that they are the same which were pointed out by the declarant concealed in Salisbury Crags, on the 7th instant, to William Middleton, Alexander Williamson, and James Murray, and the label annexed to them is signed by the declarant as relative hereto, of this date. Declares that among this parcel there is the false key which opened the outer door of Inglis & Horner’s shop, to which the declarant now sees a label annexed, and which is signed by him as relative hereto, of this date.

And being shown a parcel of keys which were found by the declarant and George Williamson upon the 10th current, declares that the double clank among the said parcel was brought by the declarant from Sheffield, and given to Brodie, the reason of which was for fear it should be found in the declarant’s possession and thereby create suspicion, but it was not likely to be discovered in Brodie’s. Declares that the heads and stalks of two keys in the said parcel were cut from old keys by Brodie, and were intended to be finished for the purpose of opening the spring latch of the outer door of the cashier’s room in the Excise Office; that a false key in the said parcel, finished, was made by Brodie for the purpose of opening the door of the Chamberlain’s cash room of the city of Edinburgh; and to the said double clank, the heads and stalks of two keys for the Chamberlain’s room, the declarant sees labels annexed, of this date, and are signed by the declarant as relative hereto. The declarant and Brodie had frequently been at the door of the Chamberlain’s office, in order to take the impression of the keyhole; that Brodie showed the declarant the said key after it was made, and Brodie told the declarant that it did not answer.

And being shown two parcels of keys, with labels annexed to them, and two pieces of black stockings, declares that they are the property of the declarant, and were concealed by him in Salisbury Crags, and the labels annexed to them are signed by the declarant and Sheriff as relative hereto, of this date.

And being shown two trunks, declares that they are the same two trunks that were purchased by the declarant and Andrew Ainslie; that the round one was purchased by the declarant from a man opposite to Todrick’s Wynd, whom he saw this day in the office, for which the declarant paid three shillings, and the other was purchased by Ainslie from a man nearly opposite to Richardson’s, the smith, in the Cowgate; that the declarant first bargained for it himself, but the declarant afterwards sent Ainslie, who bought it for five shillings and sixpence, or six shillings.

That the goods taken from Inglis & Horner’s shop were put into the said two trunks, sent to the said Berwick carrier’s quarters, and to the Newcastle waggoner’s, as mentioned in his former declaration; that the direction on the round trunk is, as he believes, of the handwriting of Ainslie, and the direction upon the other of the handwriting of Brown, of which he is certain. All which is truth, &c.

GEORGE SMITH. AR. COCKBURN.

No. IV.

At Edinburgh, 17th July, 1788.

The which day compeared, in presence of the Sheriff-Substitute of the shire of Edinburgh, George Smith, late grocer, Cowgate, now prisoner in the Tolbooth of Edinburgh, who being examined and interrogated, declares--

That on the 10th of March last the declarant was carried to Mr. Brodie’s yard and workshop by Alexander and George Williamson, in order to point out a place where it was supposed some false keys, which Mr. Brodie had, were hid.

That in the under workshop, and in the bottom of a vent which was used as a fireplace for melting the glue, the declarant, when digging for the false keys, found a little under ground a pair of pistols wrapped in a piece of green cloth, which the said Alexander and George Williamson took into custody, and lodged in the Sheriff-clerk’s office.

That the declarant saw the said pistols and piece of green cloth yesterday in the Sheriff-clerk’s office, and knew them to be the same that were found as above, and the reason of the declarant’s knowing them was, that he had these pistols in loan from Mr. Brodie for a considerable time; and the declarant had the said pistols with him when the Excise Office was broke into on the evening of the 5th of March last.

Declares that the same evening, after breaking into the Excise Office, the declarant delivered the pistols to Mr. Brodie, being afraid of taking them to the declarant’s house in case of a search. This he declares to be truth.

GEORGE SMITH. JOHN STEWART, Sh. Subst.

Declaration of William Brodie.

At Edinburgh, this 17th July, 1788.

The which day compeared, in presence of Archibald Cockburn, Esq., advocate, His Majesty’s Sheriff-depute of the sheriffdom of Edinburgh, William Brodie, wright and cabinetmaker in Edinburgh, who being examined and interrogated by the Sheriff, declares--

That he does not at present recollect the name of the vessel in which the declarant went from the river Thames to Holland in the month of April last; that is, in which he arrived at Holland in April last.

That, before he left the vessel, he gave some letters, at present he does not recollect the number, written by himself, to one Geddes, a passenger on board the vessel.

And being shown a letter directed to Michael Henderson, signed W. B., dated Thursday, the 10th of April last, declares that he cannot say that the letter was not wrote by him and given to Geddes.

And, being interrogated, if one of the letters given to Geddes was not directed to Mr. Matthew Sheriff, upholsterer in Edinburgh, and signed John Dixon, dated Flushing, Tuesday, the 8th of April, 1788?--Declares that the declarant cannot give any positive answer to that question, and he does not suppose he would have signed any letter at that time by the name of John Dixon, especially as he had wrote some letters at the same time, and given them to Geddes, signed by his initials W. B.

Declares that the declarant, when taken into custody at Amsterdam, on the 26th of June last, went by the name of John Dixon.

Declares that the declarant first became acquainted with George Smith in Michael Henderson’s a long while ago, when Smith was indisposed and bedfast there; that the declarant has been in George Smith’s house in the Cowgate. And being interrogated, declares that he cannot say positively whether he was in Smith’s house any day of the week before the declarant left Edinburgh, which, to the best of the declarant’s recollection, he did upon the 9th of March last, and upon a Sunday, as he thinks.

Declares that, having received a message that some person in the jail of Edinburgh wanted to see him, he went there and found it was either Smith or Ainslie who had been inquiring for him; but the declarant, when going there, was told by the keeper that neither Smith nor Ainslie could be seen; and that this was the night preceding his departure from Edinburgh.

Being interrogated, If reports had not been going of the Excise Office having been broke into the week before the declarant left Edinburgh, if he, the declarant, would have taken that step?--declares that it was not in consequence of that report that he left Edinburgh, but that the declarant, being acquainted with Smith and Ainslie, then in custody, did not know what they might be induced to say to his prejudice, was the cause of his going away.

Declares that the declarant has frequently been in company with John Brown, _alias_ Humphry Moore (as is reported to be his real name), Andrew Ainslie, and George Smith, and drank with them.

And, being shown three letters, one dated Thursday, 10th April, 1788, directed to Mr. Michael Henderson, Grassmarket, signed W. B.; another dated Flushing, Tuesday, 8th April, 1788, directed to Mr. Matthew Sheriff, upholsterer in Edinburgh, and signed John Dixon; another, dated Thursday, 10th April, 1788, directed to Mrs. Anne Grant, Cant’s Close, Edinburgh, signed, W. B., and, desired to say whether or not the said three letters are holograph of the declarant?--declares that he does not incline to give any positive answer, the appearance of writing varies so much. This he declares to be truth.

WILL. BRODIE. ARCH. COCKBURN.

COPY of a LETTER from William Brodie, under the name of John Dixon,
to Mr. Matthew Sheriff, upholsterer in Edinburgh.

Flushing, Tuesday, 8th April, 1788, 12 o’clock forenoon.

My dear Friend,

Sunday, the 23rd ult., I went on board a ship cleared out for
Leith, but by a private bargain with the captain was to be landed
at Ostend. I have been on board ever since the 23rd. Most of the
time we lay aground a little below Gravesend. Owing to thick
weather and cross wind, we are obliged to land here; but this
afternoon I will set off, by water, for Bruges, and then for
Ostend (so I begin my travels where most gentlemen leave them off),
where I shall remain, for some time at least, until I hear from Mr.
Walker; and, indeed, I will require three weeks to recruit, for I
have suffered more from my sore throat than sufficient to depress
the spirits of most men. There was for twenty days I did not eat
ten ounces of solid meat; but, thank God, I am now in a fair way.
My stock is seven guineas, but by I reach to Ostend will be reduced
to less than six. My wardrobe is all on my back, excepting two
check shirts and two white ones, one of them an old rag I had from
my cousin Milton, with an old hat (which I left behind), my coat,
an old blue one, out at the arms and elbows, I also had from him,
with an old striped waistcoat, and a pair of good boots. Perhaps my
cousin judged right, that old things were best for my purpose.
However, no reflections; he is my cousin, and a good prudent lad,
and showed great anxiety for my safety; rather too anxious, for he
would not let me take my black coat with me, nor Mr. Nairn’s
great-coat, which makes me the worse off at present; but I could
not extract one guinea from him, although he owes me twenty-four
pounds for three years past. He turned me over to Mr. Walker, who
supplied me with twelve guineas. He is a gentleman I owe much to. I
wish I may ever have it in my power to show my gratitude to him and
Mr. Nairn. Had Milton been in my place, and me in his, my purse, my
credit, and my wardrobe, my all, should have been at his disposal.
However, let not this go farther, lest it should have an appearance
of reflection upon a worthy man. He cannot help his natural temper.

I would have wrote to Mr. Nairn, but for certain reasons I believe
it is not proper at present. Please to communicate this to him. And
I beg that everything may be sent to me that you, Mr. Nairn, and my
sisters may think useful to me, either in wearing apparel, tools,
or even a small assortment of brass and iron work. Please send my
quadrant and spirit level; they lie in a triangular box in my old
bedroom. My brass-cased measuring line, and three-foot rule, my
silver stock buckle, it is in the locker of my chest, and my
stocks, they will save my neckcloths. If my sister pleases to send
me some hand towels, they will be serviceable to me, whether I keep
a house or a room.