Part 17
I received from Mr. Walker, in all, £12 16s., and he would pay something for three days I slept in Mr. Rose’s, though I am at present three guineas in debt to my landlord, and not a stiver in my pocket for four days past. This is the dearest place I was ever in.
I beg I may hear from you when at New York, and, if directed to Mr. John Dixon, to the care of the Reverend Dr. Mason, I will certainly receive it (as I know no other name there to desire you to direct it to), for I will certainly call there, whatever part I land or settle in, in expectation of letters, &c., and, in particular, a long letter from you, in which please answer the following questions without reserve. I am prepared to hear the worst:--How does my dear sisters keep their health? I hope the shock of my departure, and what followed, has not injured either of them in health. How did they stand it? Where does my sister Jeany live? I hope there is no alteration in Mr. Sheriff’s friends to my dear Jamie. If money is an object, it is all in his favour. How is Mr. and Mrs. Grant, and Mr. William, to whom I am for ever much obliged for settling my passage. It was a deep cut, but the more I am obliged to him and shall never forget it. He is a feeling and a generous gentleman.
I am sorry I cannot say so much of my cousin Milton, although he, too, was anxious for my off-going. How does my uncle and Mrs. Rintoull keep their health? From his conduct and repeated expressions, I never had much reason to expect anything from him, but now far less, although I be more needful. I believe few at my age ever went out more so. At present I am destitute of everything. I can put every article I have upon my back, and in my pocket. How does Mrs. Campbell and her son’s family?
Who were the most forward of my creditors to attach? How does my affairs turn out in the whole? If Robert Smith is employed, has he been active and attentive? He would need to be looked after, although he may be useful; and any news or alterations relating to my friends that may have happened.
What has been done, or likely to be done, with the two unfortunate men, Smith and Ainslie, and the greater villain, John Brown _alias_ Humphry Moore? Was John Murray _alias_ Jack Tasker brought from England?
Whatever these men may say, I had no hand in any of their depredations, _excepting the last_, which I shall ever repent, and the keeping such company, although I doubt not but all will be laid to me. But let me drop this dreadful subject.
[Signed with the following initials]:--
S. W., T. L., R. S., J. M., J. S.
COPY of a LETTER or UNSIGNED SCROLL, in the handwriting of William Brodie, founded on in the Indictment, marked No. 2.
Pray write me what is become of Anne Grant, and how is her children disposed of. Cecill is a sensible, clever girl, considering the little opportunity she has had of improving. My dear little Willie will be, if I can judge, a brave and hardy boy.
Jean is her mother’s picture, and too young to form any opinion of.
What has become of Jean Watt? She is a devil and a ----. I can form no opinion of Frank or his young brother; but pray write me how they are disposed of.
If you please, write me what is become of the two unhappy men, Smith, and his wife, and Ainslie. Are they yet? Is their trial come on? and the greater villain John Brown _alias_ Humphry Moore? I shall ever repent keeping such company, and whatever they may alledge, I had no direct concern in any of their depredations, excepting the _last fatal one_, by which I lost ten pounds in cash; but I doubt not but all will be laid to my charge, and some that I never heard of.
[The following is written at the foot of the page:--]
I often went in a retregard. I have been all my life in a reteregard motion.
[What follows is written on the other side.]
Does Mr. Martin stand his bargain? Is any of my late property sold? Who is making out my accounts? Has Robert Smith been useful and active in my affairs? He is double and would need looking after.
Perhaps, in the course of making out and settling my accounts, some questions may occur that I may solve. If there is any such, please write them down, and I will answer them in course. Has any settlement taken place with Mr. Little? I am afraid my affairs will be a laborious task to you; but I hope all my creditors will be paid, and a reversion.
If all my moveables are not yet sold, I beg my clothes and linen, and a set of useful tools may be preserved for me; they are worth more to me than another.
I wrote more fully some time ago to Mr. Walker on this head, and also Mr. Sheriff, the 8th April; but I know not if he received it. Pray let me know if he did, and how he stands affected towards me. Whatever be his sentiments, I shall always esteem him and regard him as my brother, but I shall never write another friend until I hear from you, and have your opinion how they will take it.
Pray, did Captain Dent ever make any discovery who I was when he arrived at Leith.
[Signed with the following initials]:--
J. L., J. M., R. S., J. S.
COPY OF AN ACCOUNT OR STATE, IN THE HANDWRITING OF WILLIAM BRODIE, FOUNDED ON IN THE INDICTMENT.
(Hitherto Unpublished.)
A State of my Affairs as near as I can make out at present from Memory, having no other Assistance.
=============================================================================== | | | | | | 1788 | | | | | | | BONDS W. B. Dr. | |£ | Sh | d | March| | | | | | 24 |To a bond due to my Sister Jean | 525| | | | |To Do. to my Sister Jamie, now Mrs. Sheriff | 525| | | | |To Do. to the Revd. Mr. John Nairn | 50| | | | |To Do. to Mrs. Isobell Ramsay | 150| | | | |To Do. to Mr. Jas. Innes | 300| | | | |To Do. to Mr. Loch on the house in Worlds| | | | | | end Closs | 400| | | | |To Sir Willm. Forbes pr Cash Acct & Bond | 300| | | | |To Interests due upon the above at this date | 50| | | | | |====|2300| -- | -- | | | | | | | | BILLS | | | | | | | | | | | |To Willm. Grant Esqr | 50| | | | |To Willm. Corbet Esqr | 50| | | | |To Mr. Denovon ½ of a £20 Bill discounted | 10| | | | |To Capt Miller at Kirkaldie | 35| | | | | |====| 145| | | |To open Accounts due by me, about | 305| | | | +----+----+----+ | £|2750| -- | -- | | |====|====|====| |
================================================================================== | | | | 1788| | | | | CONTRA Cr. |£ | Sh | d March| | | | 24 |By my tenement in Horse winde £87 pr Anum at 13 years }| | | | purchase being a Substantiall building well furnished }|1131| -- | -- | and low rented }| | | |By my three uper Storys of the new fore tenement and }| | | | three Cellars below Do. at the Netherbow £45 pr Anum }| 585| -- | -- | at 13 years }| | | |By a Tenemant of five Storys in the Worlds end Closs at }| 624| -- | -- | £48 pr Annum at 13 years purchase }| | | |By two Storys in the Bank Closs at £21 pr Anum sold by }| | | | Missives exchanged to Mr. Willm Martin, Bookseller, }| 320| -- | -- | the present possessor, payable at Whity first }| | | | By Rents due at Whity 1788 | 112| -- | -- |By Open accompts & Bills due to me, but they may be more |1000| -- | -- |By the Produce of my Stock in trade consisting of ready made}| | | | furniture, Glasses finished & unfinished, Bed Checks & }| | | | Moreens, Hair & hair Cloth, brass & Iron work, Silvering }| | | | Utensils, Benches & Shope toolls, Mahogony and other }| 400| -- | -- | Woods, ready made doors & windows, many of them }| | | | Glased, and many other Articles not mentioned should }| | | | bring at a very moderate computation }+----+----+---- | £|4172| -- | -- | |2750| -- | -- | +----+----|---- | Ballance in my favor |1422| -- | -- |By my Household furniture, Bed & table Linen, plate, | | | | Pictures, Library of Books &c. worth at least | 378| -- | -- | +----+----+---- | Sum totall £|1800| -- | -- | Omitted to charge the work newly done for Mr. Herron, } 40 -- -- Cowgate, which will amount to about £40 }
COPY of a LETTER from Messrs. Lee, Strachan & Co., merchants in London, to Messrs. Emanuel Walker & Co., merchants in Philadelphia.
London, 1st May, 1788.
Messrs. Emanuel Walker & Co.
Sirs,
You will please to supply the bearer, Mr. John Dixon, with cash to the amount of fifty pounds sterling, taking his bill on Mr. William Walker, attorney in the Adelphi, London, for the same, which will be duly honoured, and oblige,
Sirs, Your most obedient Humble Servants, LEE, STRACHAN & CO.
Messrs. Emanuel Walker & Co., Philadelphia.
Evidence for Defence.
[The counsel for Mr. Brodie here observed that the object of the exculpatory proof was to show that, on Wednesday, the 5th of March last, the night on which the robbery of the Excise Office was committed, Mr. Brodie was otherwise employed the whole of that afternoon and evening, which, if established, excluded the possibility of his being concerned in that robbery.]
[Sidenote: Matthew Sheriff]
1. MATTHEW SHERIFF, upholsterer in Edinburgh, called.
The LORD ADVOCATE--My Lords, this gentleman is the brother-in-law of the prisoner, and therefore is certainly a very improper witness. I am at all times very averse to object to a witness adduced for a pannel, but I thought it my duty to mention the fact to your Lordships, and to leave it with you to determine whether or not this gentleman’s evidence ought to be received.
Mr. WIGHT, for William Brodie--My Lords, this is the first time I have ever heard that a brother-in-law is not a competent witness in a criminal trial. This gentleman being brother-in-law to the pannel, is a circumstance which may, and which perhaps ought, to be attended to, as affecting his credibility, if his testimony stands contradicted by other proofs; but it is surely no objection to his admissibility.
The LORD JUSTICE-CLERK--What do you mean to prove by this witness?
Mr. WIGHT--My Lord, I mean to prove that he was in company with the prisoner until about eight o’clock of that night on which the robbery is said to have been committed.
The LORD JUSTICE-CLERK--You may call him in. The circumstance of his being brother-in-law to the pannel will no doubt go a great length to discredit his testimony, in so far as it may be contradictory of other evidence; but this will fall to be considered by the jury when they come to judge of the proof brought by both parties.
[The witness was then called in and sworn.]
WITNESS--I know that the prisoner left Edinburgh in March last, and I think it was on the 9th of March, the Sunday after the Excise Office was broke into. I dined with him in his own house on the Wednesday preceding--the 5th of March. I think I went there to dinner about a quarter before three
o’clock.[17] Mr. Brodie was then at home. I was in his house from dinner until within a few minutes of eight o’clock at night. There was present at dinner in company a stranger gentleman whose name I do not know, the prisoner’s two sisters, and an old lady, his aunt. We drank together from dinner to tea, which I think was brought in about six o’clock, and then the stranger gentleman went away. We sat in the same room all the while I was there. Mr. Brodie was dressed in lightish-coloured or grey clothes. Before I came away, Mr. Brodie pressed me to stay supper with him, but I declined his invitation, saying I was engaged. When I came away, I left Mr. Brodie in his own house. I went directly from his house to my own house in Bunker’s Hill.[18] Mr. Brodie dined with me next day (Thursday), and remained with me in my house from three o’clock until eleven o’clock at night.[19]
Cross-examined by the LORD ADVOCATE--What was the gentleman’s name who was in company with you?
WITNESS--I do not know; I do not remember his name.
The LORD ADVOCATE--Did you hear his name mentioned?
WITNESS--I may perhaps have heard him named while at table with him, but as he went away early in the evening, and as I had no reason at the time to pay any particular attention to his name, it has escaped me.
The _Lord Advocate_--When did you sit down to dinner?
WITNESS--We sat down to dinner about three o’clock.
The LORD ADVOCATE--Are you sure Mr. Brodie did not leave the room from dinner until you parted with him?
WITNESS--I am certain Mr. Brodie did not leave the room.
The LORD ADVOCATE--Did you, on your way home, hear any clock strike or bell ring? or how do you know that it was precisely a few minutes from eight o’clock when you left Mr. Brodie?
WITNESS--I do not remember to have heard any clock strike or bell ring on my way home, but I had a clock in my house and a watch in my pocket. I am sure that I reached my own house within a few minutes of eight, either before or after it, and I had occasion to remark the hour from Mr. Brodie being so immediately afterwards accused of having that night broke into the Excise Office, a thing which I did not then, and which I do not yet, believe.
[Sidenote: Jean Watt]
2. JEAN WATT, residenter in Libberton’s Wynd, called in and sworn.
The LORD ADVOCATE--I wish to know from this woman whether or not she is married. (To witness)--Are you married?[20]
WITNESS--No; I am not married.
[The examination was then allowed to proceed.]
I am well acquainted with the prisoner, William Brodie. I remember that on Wednesday, the 5th of March last, Mr. Brodie came to my house just at the time the eight o’clock bell was ringing, and he remained in it all night, and was not out from the time he came in until a little before nine o’clock next morning. We went early to bed, about ten o’clock, as Mr. Brodie complained that night of being much indisposed with a sore throat.
Cross-examined by the LORD ADVOCATE--How do you recollect that it was Wednesday night more than any other night of that week?
WITNESS--On the following Monday I heard that Mr. Brodie was suspected of being concerned in the breaking into the Excise Office; that his house had been searched for him; and that he had gone away on the Sunday. This made me particularly recollect, and also because it was the last night Mr. Brodie slept in my house. He slept with me that night. I have a family of children to him. I saw him again on the Saturday night afterwards, but not till then; and he was in my house in the forenoon of the Tuesday preceding.
[Sidenote: Peggy Giles]
3. PEGGY GILES, servant to Mr. Graham, publican at Mutton-hole, near Edinburgh, called in and sworn.
WITNESS--I was servant to Mrs. Watt, the preceding witness, last winter, and I remember that the prisoner, Mr. Brodie, came to my mistress’s house about eight o’clock at night of Wednesday, the 5th of March last, and that he slept there all night, and remained until about nine o’clock next morning. My mistress and Mr. Brodie supped together early, about half-an-hour after eight o’clock, on bread and beer and a piece of cheese, for which I was sent out soon after Mr. Brodie came in. I was out about ten minutes, and when I returned Mr. Brodie was still in the house. I remember when he came in to have heard the eight o’clock bell ringing.
GENTLEMAN OF THE JURY--Was it the Magdalen Chapel bell you heard ringing? or what bell was it?
WITNESS--It was the Tron Church bell.
Cross-examined by the LORD ADVOCATE--Are you sure of that?
WITNESS--I am very sure.
Mr. WIGHT--Pray, where does the Tron Church stand?
WITNESS--In the Parliament Close.[21]
The LORD ADVOCATE--How do you know that Mr. Brodie slept all night in your mistress’s house?
WITNESS--He was in bed when I arose in the morning, and I gave him water to wash his hands before he went out.
The LORD ADVOCATE--Did you see Brodie in your mistress’s house at any other time during that week?
WITNESS--He came back in the forenoon and again in the afternoon of the same day, that is of Thursday,[22] and likewise on the Saturday night following. Mr. Brodie was in use to sleep frequently at my mistress’s house.
[Sidenote: Helen Alison]
4. HELEN ALISON or WALLACE, spouse to William Wallace, mason, in Libberton’s Wynd, called in and sworn.
WITNESS--I reside in Libberton’s Wynd, and I know the prisoner, Mr. Brodie. I heard of his leaving Edinburgh in March last, and I remember to have seen him come down Jean Watt’s stair a little before nine o’clock on the morning of the Thursday before he went off--the 6th of March. I was then standing at my own door at the foot of the stair; and I had Francis Brodie, the prisoner’s son, a boy of about seven years of age, by the hand. As his father, Mr. Brodie, passed he put a halfpenny into the child’s hand, and clapped him on the head. I said to the boy, “Poor thing, thou hast been too soon out, or you would have seen your daddie at home”; he said, “No, I have not been too soon out, for my daddie has been in the house all night.” After my husband got his breakfast, I went upstairs to Mrs. Watt, and I said to her in a joking way, “You will be in good humour to-day, as the good man has been with you all night.” She answered, “He has; but, poor man, he has not been well of a sore throat.” On the Monday following, I heard that there were messengers upstairs in Mrs. Watt’s, searching her house for Mr. Brodie; and when I went up and was told what was the matter, I said to one Murray, a sheriff-officer, then present, “Dear sirs, who would have thought this would have happened, when I saw Mr. Brodie come downstairs and give a bawbee to his own son on Thursday last?” To which the man answered, “Indeed, few would have thought it.”
Cross-examined by the LORD ADVOCATE--How do you recollect that it was upon the Thursday you saw Mr. Brodie come down stairs? Can you give any reason for doing so?
WITNESS--Indeed, I can give a reason, but to be sure it is a very mean one to mention to your Lordships.
Lord ESKGROVE--Tell us the reason, good woman.
WITNESS--I had purchased three pair of shoes on the Wednesday in the market; that is, a pair for each of my sons, and one for my husband. On Thursday morning I missed my husband’s shoes, and, thinking they were stolen, I was waiting for my husband at the door at the time he usually returned to breakfast, which was about nine o’clock, to see if he knew anything of them; and had it not been for this I would not have been at the door nor seen Mr. Brodie come downstairs.
[Sidenote: James Murray]
5. JAMES MURRAY, sheriff-officer in Edinburgh, called in and sworn.
Examined by Mr. WIGHT--Do you remember having searched the house of Jean Watt, at the foot of Libberton’s Wynd, in the course of your pursuit after Mr. Brodie?
WITNESS--I do.
MR. WIGHT--What day was that upon?
WITNESS--It was upon the Tuesday after he left Edinburgh I searched the house--the 11th of March; but finding nothing in it, I ordered Mrs. Watt to come up to the Sheriff, and I waited until she got ready.
MR. WIGHT--Did you see any person in the house, except Mrs. Watt and her servant? and had you any conversation with her?
WITNESS--I saw Mrs. Wallace, who lives at the foot of the wynd, whom I saw among the witnesses just now, and she said, “Oh, Jean! who would have thought on Thursday morning, when Mr. Brodie came down this stair and clapped his son’s head, and put a halfpenny in his hand, that such a thing as this would be soon after here?” To which I answered, “Indeed, Mrs. Wallace, I dare say none would have thought it.”
[Sidenote: James Laing]
6. JAMES LAING, writer in the Council Chamber, Edinburgh, called in and sworn.
Examined by Mr. HAY--Do you remember of any process being brought before the magistrates against Mr. Brodie some time before he left this place, for using false or loaded dice?
WITNESS--I do.
Mr. HAY--At whose instance was the process?
WITNESS--At the instance of one Hamilton, a chimney-sweep in Portsburgh.
Mr. HAY--When was this process?
WITNESS--I do not exactly remember; but steps have been taken in it within these six months.
Lord ESKGROVE--I suppose this Mr. Hamilton is not a common sweep, but a master who keeps men and boys for the purpose?
WITNESS--He is a master, as your Lordship observes.
Cross-examined by the LORD ADVOCATE--Do you know Mr. Brodie to be a gambler?
WITNESS--I never gambled with him.
[Sidenote: Robert Smith]
7. ROBERT SMITH, wright in Edinburgh, sometime foreman to Mr. Brodie, called in and sworn.
Examined by Mr. HAY--Do you know that a spring-saw is a proper instrument for cutting off the natural spurs of game-cocks, in order to adopt artificial ones?
WITNESS--I do.
Mr. HAY--Did you ever see Mr. Brodie using a small spring-saw for that purpose?
WITNESS--Frequently.
Mr. HAY--Is a spring-saw a usual and necessary implement for all wrights and joiners, as well as smiths?
WITNESS--I have one myself, which I use for cutting off brass knobs and several other purposes.
Mr. HAY--Are old keys and pick-locks usual and necessary implements for wrights and smiths?
WITNESS--They are.
Mr. HAY--Do you know that a box of old keys was always lying open in the corner of Mr. Brodie’s workshop, to which you and the other men had access?
WITNESS--There was; and when a key of any of our customers was either broke or spoiled, we could often fit the lock from some of these keys.
[Here the witness was shown the keys libelled on.]