Trial of Deacon Brodie

Part 26

Chapter 263,776 wordsPublic domain

2. The | Trial | of | William Brodie | Wright and Cabinet Maker in Edinburgh, | and of | George Smith Grocer there, | Before the High Court of Justiciary, | Held at Edinburgh on Wednesday the 27th, | and Thursday the 28th August 1788; | For breaking into the General Excise-office at Edin-| burgh on the 5th of March last. | Containing | The Evidence at Large for and against the Prisoners; | Accurate Statements of the Pleadings of the Counsel; | And the Opinions of the Judges on many | important Points of Law: | With the Whole Proceedings. | By Æneas Morrison, Writer in Edinburgh; | And Agent appointed by the Court to conduct the | Defence of George Smith. | Edinburgh: | Printed for Charles Elliot, Parliament Square; | and Sold by C. Elliot and T. Kay, No. 332 Strand, | London; and all Booksellers in Town and Country. | M,DCC,LXXXVIII.

Octavo, pp. viii. + 279.

Morrison’s report of the trial, which is much the most accurate and complete, was published on 6th September, 1788. The editor writes in his preface, “It was thought better to state the proceedings by way of dialogue, in the same manner as all the English trials are published, than in the form of narrative--the usual manner or collecting both the depositions of witnesses and the pleadings of counsel in Scotland.” This was an innovation which rendered the report more interesting and valuable than its competitors. An account of the trial by Charles Elliot, the publisher, had been announced, but it was arranged that Morrison should prepare it, Elliot furnishing him with his MS. and publishing the book.

It is interesting to know from a contemporary account that Deacon Brodie, while in prison after his sentence, “has read all the publications respecting his trial, and has given it as his opinion that Mr. Elliot’s account was the best.”

The advertisement states--“There will be published on Monday an appendix to this trial, which will be given gratis. Those who have already got copies may send for the appendix.” With regard to this appendix, Morrison has a note that he had originally intended publishing certain interesting documents in his report, but had been informed by a friend of Brodie’s “that Mr. Creech had engaged upon his honour not to publish anything in his account of the trial, either in the form of anecdote or otherwise, that did not occur in the course of the trial itself.” Creech, however, published some additional matter, and Morrison considered “he was entitled to put the purchasers of his account on a footing with those who had purchased Mr. Creech’s.” The three appendices given in the first edition of Creech’s report were therefore issued by Morrison, as above mentioned.

3. Extract from the Accounts of the | Trial | of | William Brodie and George Smith, | Before the High Court of Justiciary, | on Wednesday, the 27th and Thursday the 28th Days of August, 1788, | For Breaking Into, and Robbing | The | Excise Office of Scotland, | On the 5th Day of March last. | Illustrated with Notes and Anecdotes. | Containing also, | Several Curious Papers | Relative to the Trial; | as also, several | Transactions of the Criminals. | “_Read this and tremble! Ye who ‘scape the laws._” Pope. | Edinburgh: | Printed by A. Robertson, Foot of the Horse Wynd. | M,DCC,LXXXVIII.

Octavo, pp. vi.+72.

The advertisement of this account of the trial, which was published on 15th September, 1788 states--“The whole will be neatly printed on a fine paper and new type in three numbers at 9d.; the second number will be published on Saturday, the 20th; and the third on Friday, the 25th curt. And an additional number, price 3d., containing several occurrences, &c., from the day of their sentence till the 2nd of October next. _N.B._--Commissions duly answered, for ready money only.”

This was one of the pirated editions referred to by Creech, and is a literal reprint or his first edition of the trial.

The _Edinburgh Evening Courant_ of Thursday, 18th September, 1788, gives the following account of the interdict whereby Creech endeavoured to stop the sale of this and Stewart’s edition.:--“This day a new case in literary property was tried before Lord Dreghorn. Mr. Creech applied for an interdict against two piracies of his account of Brodie and Smith’s trial. The interdict was granted, and parties were heard this day at eleven o’clock. Mr. Creech has sent up copies to Stationers’ Hall by the mail-coach, with orders to enter the book in Stationers’ Hall, according to the Act of Parliament 8th of Queen Anne; but the certificate of entry was not yet arrived. Lord Dreghorn declared both the copies complained on were gross piracies, but as the words of the Act of Parliament were express, he was sorry he could do nothing else than remove the interdict to the sale of the piratical copies until the certificate of entry was produced, and a new interdict might then be applied for, with action of damages. By this judgment it is necessary that the book be entered in Stationers’ Hall before publication.”

In advertising Part II. for sale the publisher made the following announcement:--“When Mr. Robertson published the first number of the above trial he copied it from Mr. Creech’s account of it, not knowing or suspecting it to be property; but being since convinced that it is so, he applied to Mr. Creech for liberty to go on with his future numbers, which he obligingly consented to, although possessed of the certificate of the entry in Stationers Hall. The public will be regularly served, as advertised, with their numbers.”

4. A Full Account of the Trial of William Brodie and George Smith, Before the High Court of Justiciary, on the 27th and 28th Days of August 1788, for Breaking into the Excise Office; With an Account of several other Depredations committed by them and their Associates. Edinburgh: J. Stewart, Lawnmarket, 1788. (Price, 1s. only.)

This was the other “piratical copy” of Creech’s first edition, which was published on 15th September, 1788. No copy of the book is contained either in the British Museum or any other public library, so far as has been ascertained, and the above particulars are taken from a contemporary advertisement.

The publisher announced on 18th September--“J. Stewart informs his friends and the public that the interdict applied for by Mr. Creech was this day removed by the Lord Ordinary, and the sale goes on as formerly.”

5. Anecdotes | and other | Curious Informations | concerning | William Brodie and George Smith; | also, of | James Falconer and Peter Bruce, | For Breaking into and Robbing the Dundee Banking | Company’s Office, in Dundee, | With other Occurrences, since they received their Sentence till their | Execution. | Edinburgh: | Printed by A. Robertson, Foot of the Horse Wynd. | MDCCLXXXVIII. | Where may be had, the Trial in three Numbers, price 9d. | Also, | a striking likeness of William Brodie, price 3d.

Octavo, pp. 16.

Published on 2nd October, 1788, the day after the execution. It consists of two of Creech’s appendices, together with some additional particulars concerning the prisoners not given by Creech.

6. An | Account of the Trial | of | William Brodie and George Smith, | Before the High Court of Justiciary, | On the 27th and 28th days of August, 1788; | For Breaking Into, and Robbing, | The General Excise Office of Scotland, on the 5th day of March last. | Illustrated with Notes and Anecdotes; | and the Portraits of Brodie and Smith. | To which is added, | An Appendix, | Containing several Curious Papers relative to the Trial; | and the Persons Tried. | By William Creech, | One of the Jury. | _Read this, and tremble! ye who ‘scape the laws._ | Pope. | Second Edition. | Edinburgh: | Printed by and for the Author; | and sold in London by | T. Cadell in the Strand. | M,DCC,LXXXVIII.

Octavo, pp. xxii.+ 288.

This second edition of Creech’s report, revised and corrected, was published on 3rd October 1788. The paragraphs in Smith’s declarations, omitted in the former edition as having no immediate relation to the trial, were here given in full, and three further appendices were added to those contained in the first edition. The volume included the portrait of Deacon Brodie, already published, and an additional portrait, entitled “Smith at the Bar,” also by Kay. The publication of this edition was delayed some days in order to give an account of the behaviour of the criminals at their execution.

7. The | Edinburgh Magazine, | or | Literary Miscellany. | Volume VIII. | [Quotation.] | Edinburgh: | Printed for J. Sibbald:--And sold by J. Murray, | London. | 1788. 8vo.

Report of the Trial--Monthly Register for August, pp. 114-120. Other references--pp. 101, 146-148.

8. The | Scots Magazine. | MDCCLXXXVIII. | Volume L. | [Quotation.] | Edinburgh: | Printed by Murray & Cochrane. 8vo.

Report of the Trial--August, pp. 365-372; September, pp. 429-437. Other references--pp. 358-359, 514-516.

9. The | Gentleman’s Magazine: and | Historical Chronicle. | Volume LVIII. | For the Year MDCCLXXXVIII. | Part the Second. | [Quotation.] | By Sylvanus Urban, Gent. | London: | Printed by John Nichols, for David Henry, late of St. John’s | Gate; and sold by Eliz. Newbery, the corner of St. Paul’s | Church-yard, Ludgate-street. 1788. 8vo.

References--pp. 648, 829, 925.

10. The | Annual Register, | or a View of the | History, | Politics, | and Literature, | for the Year 1788. | [Device.] | London: | Printed for J. Dodsley, in Pall Mall. 1790. 8vo.

References--Vol. xxx., pp. 207, 214-215.

11. Traditions | of | Edinburgh. | By | Robert Chambers. | Vol. I. [II.] | Edinburgh: | Printed for W. & C. Tait, Princes Street. | MDCCCXXV. Post 8vo.

References--Vol. i., pp. 194-195.

12. The | Book of Scotland. | By | William Chambers. | [Quotation.] | Edinburgh: | Robert Buchanan, 26, George Street; | William Hunter, 23, Hanover Street; And | Longman, Rees, Orme, Brown, and Green, | London. | MDCCCXXX. 8vo.

References--pp. 327-328.

13. Minor Antiquities | of | Edinburgh. | By the Author of | “Traditions of Edinburgh,” &c. | Edinburgh: | William and Robert Chambers, | Waterloo Place. | MDCCCXXXIII. Post 8vo.

References--pp. 165-168.

14. Reminiscences | of | Glasgow | and the West of Scotland. | By | Peter Mackenzie. | Vol. I. [II., III.] | Glasgow: | John Tweed, 11 St. Enoch Square. | MDCCCLXVI. 8vo.

References--Vol. ii., pp. 60-113.

15. A Series | of | Original Portraits | and | Caricature Etchings | By the late | John Kay, | Miniature Painter, Edinburgh | with | Biographical Sketches and Illustrative Anecdotes | In two volumes | Vol. I. [II.] | [Device.] | Edinburgh: Adam and Charles Black | MDCCCLXXVII. | (All Rights Reserved.) 4to.

References--Vol. i., pp. 96, 119, 141, 256-265, 399; vol. ii., pp. 8, 120-121, 286.

16. Edinburgh | Picturesque Notes | By | Robert Louis Stevenson | Author of “An Inland Voyage.” | With Etchings by A. Brunet-Debaines | From Drawings by S. Bough, R.S.A., and W. E. Lockhart, R.S.A. | And Vignettes by Hector Chalmers and R. Kent Thomas. | Seeley, Jackson, and Halliday, 54 Fleet Street, | London. MDCCCLXXIX. Folio.

References--pp. 14, 35.

17. Cassell’s | Old and New Edinburgh: | Its History, its People, and its Places. | By | James Grant, | author of “Memorials of the Castle of Edinburgh,” “British Battles on Land and Sea,” etc. | Illustrated by numerous Engravings. | Vol. I. [II., III.] | Cassell & Company, Limited: | London, Paris, and New York. | (All rights reserved.) N.D. [1884.] | 4to.

References--Vol. i., pp. 112-116, 217; vol. ii., 23; vol. iii., 367.

18. Etchings | Illustrative of | Scottish Character | and Scenery | By the late | Walter Geikie, R.S.A. | Sir Thomas Dick Lauder’s Edition | with | Additional Plates and Letterpress | Edinburgh William Paterson | 1885 4to.

References--pp. 113-119.

19. Memorials of Edinburgh | In The Olden Time. | By | Sir Daniel Wilson, LL.D., F.R.S.E., | President of The University of Toronto,| Author of “Prehistoric Annals of Scotland,” etc. | Second edition| [Device.] | Volume I. [II.] | Edinburgh and London: Adam & Charles Black, | 1891. | 4to.

References--Vol. i., p. 222; vol. ii., 23.

20. Deacon Brodie | or the Double Life | a Melodrama | In Five Acts and | Eight Tableaux. | By W. E. Henley | and R. L. Stevenson. | London: William Heinemann. | MDCCCXCVII.

Square 16mo, pp. viii.+182.

This play, of which Stevenson had prepared various drafts--the earliest in 1864--was first privately printed in 1880. A revised edition was printed “For Private Circulation Only” in 1888. The play was first published in “Three Plays by W. E. Henley and R. L. Stevenson,” 1892; afterwards in “Four Plays,” 1896, and separately, as above, in 1897, as volume i. of “The Plays of W. E. Henley and R. L. Stevenson.”

The play was first produced at Pullan’s Theatre of Varieties, Bradford, on 28th December, 1882. The subsequent occasions on which it was performed were as follows:--At Her Majesty’s Theatre, Aberdeen, in March, 1883; at the Prince’s Theatre, London, on 2nd July, 1884; at Montreal, on 26th September, 1887; followed by a series of representations at Quebec, Toronto, Boston Philadelphia and other cities; and at the Star Theatre, New York, on 1st December, 1887. The cast of the play as performed in London and at Montreal is given in “Three Plays,” 1892, and in subsequent editions.

21. Romantic | Edinburgh | By | John Geddie | London | Sands & Company | 12 Burleigh Street, Strand, W.C. | 1900. Crown 8vo.

References--pp. 22, 52, 69, 70, 106, 161.

22. Deacon Brodie | or | Behind The Mask | By Dick Donovan,| Author of “A Detective’s Triumphs” [etc.] | [Device.] | London| Chatto & Windus | 1901 | (Rights of Translation reserved).

Crown octavo, pp. vi. + 258.

A novel founded upon the career of Deacon Brodie, and, so far as ascertained, his only appearance in fiction.

23. Edinburgh | and its Story | By | Oliphant Smeaton | [Device.] | Illustrated by | Herbert Railton | and J. Ayton | Symington | 1904 | London: J. M. Dent & Co. | New York: The Macmillan Co. 4to.

References--pp. 171, 224.

Reports of and comments upon the trial appeared in the three contemporary Edinburgh newspapers, viz., _The Caledonian Mercury_, _The Edinburgh Advertiser_, and _The Edinburgh Evening Courant_.

APPENDIX IV.

THE BRODIE FAMILY BIBLE.

THIS unique volume was recently acquired in the course of business by Mr. Richard Cameron, bookseller, Edinburgh. On finding it to be the family Bible of Convener Francis Brodie, father of the notorious Deacon Brodie, Mr. Cameron communicated his discovery to the Town Council, by whom it was purchased for the city on 28th June, 1904, and placed in the Edinburgh Municipal Museum, where it now finds a fitting resting-place among many other interesting memorials of the old burghal life.

This volume is valuable as throwing light upon the antecedents of Deacon Brodie, as to which little was previously known. It is a fine copy of the folio edition of the Holy Bible, printed by James Watson, the famous Edinburgh printer, in 1722, and comprises the Old Testament, the Apocrypha, the New Testament, and King James’ version of the metrical Psalms. The book-plate of Francis Brodie appears within the front board of the book.

Francis Brodie has inserted between the Old and New Testaments a manuscript register of births, baptisms, and deaths occurring in his family, beginning with his own birth in 1708, and that of his wife, Cicel Grant, in 1718, their marriage in 1740 the births of their eleven children, most of whom died in infancy, and the deaths of other relatives.

It is noteworthy that the entry relating to the birth of his eldest child, William, has been cut out of the register, and the vacant space filled with blank paper. This was probably done in 1788, at the time of the Deacon’s trial and execution, which took place six years after the death of his father. There still, however, remains in the register a record of William’s birth. An entry appears with reference to the change of the calendar by Act of Parliament in 1752, whereby the Gregorian was adopted in place of the Julian calendar. In view of this, the events previously entered are repeated in accordance with the altered dates, each being eleven days later. In this new list the birth of the eldest son, William, is noted as occurring on 10th October, 1741.

The death of Francis Brodie on 1st June, 1782, is recorded by his daughter, Jean Brodie. Various later entries appear relating to members of the family, terminating in 1839 with the funeral letter of Jacobina Brodie (Mrs. Sheriff). Jean Brodie was the sister who kept house for the Deacon; and Jacobina Brodie was the wife of Matthew Sheriff, upholsterer in Edinburgh, who gave evidence at the trial in defence of his brother-in-law. Deacon Brodie refers to both sisters in his letters, which were produced in evidence against him.

The following is a copy of the entries above referred to, the original orthography being preserved throughout:--

* * * * *

Edinburgh, the 24 June 1708, was born I Francis Brodie, now Wright and Glass: Grinder in Edinburgh, Son to Ludovick Brodie, Writer to the Signet, and Hellen Grant his Spouse, was baptised by the Reverend Mr. Innes, in presence off

* * * * *

Edinburgh, the 17 August 1718, was born betwixt 11 and 12 att night, Cicel Grant (now my Spouse) Daughter to William Grant,

Writer, and Jean Broun, his 2d spouse, and was baptised nixt day by the Reverend Mr. Freebairn, in presence of the above Ludovick Brodie, John Grant and Allexander Gordon, Writers &c., named after Mrs. Cicel Rentoun, Sister to the Laird of Lamerton.

* * * * *

Edinburgh, the 20th October 1740, We the above Francis Brodie and Cicel Grant was maried in Her Father’s house by the Reverend Mr. Wallace, Minister in Edg. before these witnesses, viz., our two fathers, John, Joseph, and Hellen Brodie’s my Brother’s and Sister, Ludovick Allexander, and Jean Grant’s her Brother’s and Sister, and John Grant, Writer to the Signet, my Uncle and her Cousin.

* * * * *

[Here followed the entry of the Deacon’s birth, which has been cut out of the page, as above mentioned.]

* * * * *

Edinburgh, the 22 September, 1742, was born att 6 in the morning being Wednesday, our Second Son and deied about 11 oclock that Forenoon and was buried that evening in the Greyfriars Church Yard, two double paces to the West side of the narrow road opposite to Harley’s Tomb, where a Great many of his Relations are interred.

* * * * *

Edinburgh, the 18 October 1745, was born betwixt 7 and 8 in the morning, being Friday, Hellen Brodie, our third child, and was baptised that same afternoon by the aforesaid the Reverend Mr. Mathieson, Minister in Edg., in presence of her two Grand Fathers, Hellen Brodie her Aunt, Ludovick Grant her Uncle, and John Grant, Writer, her granduncle, named after Hellen Brodie, her Grand Mother by her Father (who died the 15 December 1725).

The above Hellen Brodie contracted a sore throat, which in a few days occasioned her death on the 13th of August 1746 att 11 oclock forenoon, being Weddnesday, and was buried the nixt day in the evening att the above place beside her Brother. She was 9 months and 20 days old and a very agreeable Child.

* * * * *

Edinburgh, the 1st November 1747, was born 10 minutes after 5 in the morning, being Sunday, Ludovick Brodie, our Fourth Child and was Baptised that same afternoon by the Reverend Mr Glen, Minister in Edinr. in presence of his two Grand Fathers, Hellen Brodie his Aunt, and Ludovick Grant his Uncle, named after Ludovick Brodie his Grandfather.

The above Ludovick Brodie took a Chincouch, which in six weeks occasioned his death on the 14th of August 1748 att 12 oclock Forenoon, being Sunday, and was buried the nixt day in the evening att the above place beside his Brother and Sister. He was 9 month and 14 days old and a very agreeable, Strong Child.

* * * * *

Edinburgh, the 16th Jully 1749, was born half an hour after six in the morning, being Sunday, Francis Brodie, our Fifth and was Baptised that same afternoon by the Reverend Mr Glen, Glen, Minister in Eding., in presence of his Grandfather Ludovick Brodie, Hellen Brodie his Aunt, Ludovick Grant and John Brodie his Uncles, &c. Named after myself.

* * * * *

Edinburgh, the 16th October 1750 was born half an hour after Twelve in the morning, being Tuesday, Ludovick Brodie, our sixt Child and was baptised that same afternoon by the Reverend Mr Wallace, Minister in Eding, in presence of his two Grand Fathers, Hellen Brodie his Aunt, Mrs. Grant his Aunt, and Mrs. Grant his half Aunt, John Grant his grand Uncle, and John Brodie his Uncle, named after Ludovick Brodie his Grand Father.

* * * * *

By Act of the British Parliament, the Gregorian Kallender was introduced in Place of the Jullian, and in consequence of this, the day after the 2d of September (by leaving out eleven days) was the 14th of September, which makes the forementioned events to fall on the following days. viz.--

* * * * *

Francis Brodie (above designed) was born upon the 6 Jully 1708.

Cicel Grant, my Wife, was born the 28 August 1718.

We were married the 1st November, 1740.

Our First Child, William, was born, the 10 of October 1741.

Our Second Child was born and he died the 4 of October 1742.

Our third Child, Hellen, was born the 30 October, 1745 (her Grand Mother by the Father, whom she was named after died the 27 December, 1725) and she died the 25 August 1746.

Our Fourth Child, Ludovick, was born the 13 November 1747, and died the 26 of August 1748.

Our Fifth Child, Francis, was born the 28 Jully 1749.

Our Sixt Child, Ludovick, was born the 28 October, 1750.

* * * * *

Edinburgh, the 7th November 1752, betwixt 12 and 1 in the morning (being Tuesday) was born our Sevenths Child, and that same forenoon was baptised by the forementioned Mr. William Wallace, in presence of his two Grand Fathers, Mr. John Grant his Grand Uncle, Mr John and Mr James Brodie’s his Uncles by the Father, Mr. William and Mr. Ludovick Grant’s his Uncles by the Mother, and Mrs. Hellen Brodie his Aunt by his Father, named after John Brodie his Uncle.

The above John Brodie, upon the 15th January, 1753, (being Monday) took a Sudden illness and deied betwixt 6 and 7 in the morning and was buried in the before mentioned place. He was a very lively, well proportioned, well loock’d and thriving Child, to appearance, and was 9 weeks and 6 days old.

* * * * *

Edinburgh, the 28 February 1754, betwixt 2 and 3 in the morning (being Thursday) was born our Eight child, and that same day was baptised by the forementioned Mr. William Wallace in the presence of her two Grand Fathers, Mr John Grant her Grand Uncle, Mr James Brodie her Uncle by the Father, Mr William and Mr Ludovick Grant’s her Uncles by the Mother, and Mrs. Hellen Brodie (now Mrs. Rintoul) her Aunt by the Father, named Cicel after her Mother.

* * * * *

Edinburgh, the 26 May 1756, ten minutes after two in the morning (being Wednesday) was born our ninth Child, and that same day was baptised by the Reverend Mr David Rintoul, one of the Ministers in Kirkcaldie, in presence of her two Grand Fathers, Mr John Grant her Grand Uncle, Mr James Brodie her Uncle by the Father, Mrs. Rintoul her Aunt by the Father, &c., named Margaret after her Aunt in Law Mrs Grant, spouse to Mr Ludovick Grant her Uncle by the Mother.

* * * * *