Part 29

The desire of the petition was granted by the Sheriff on the 26th of July; and, on the 28th of that month, the Sheriff-substitute, with the Procurator Fiscal, and Mr. Bruce, went to the prison to Smith; and the Sheriff-substitute informed him he was to come to take down his declaration respecting Mess. Bruce’s shop-breaking, but not with regard to anything contained in his Indictment; and therefore hoped he would tell the truth. To which Smith answered, he had no objection to tell the whole truth; he thought it a piece of justice to do so; That he had formerly declared all he knew concerning that matter before the Sheriff, but he believed it was not taken down.

Smith was then examined, who declared, in substance, as follows:--

That, in the month of November, 1786, the declarant and Brodie had laid a plan to break into a hardware shop on Bridge Street, belonging to Davidson M‘Kain: That they accordingly went there one night with a parcel of false keys and a small crow iron, and opened the door by unlocking the padlock and lock thereof with the false keys; after which they went and hid the false keys and crow iron, in case any of these articles should be found upon them, and then returned to the shop: That Smith was to go into the shop, and Brodie to watch at the outside of the door: That the declarant carried with him a dark lanthorn, which he lighted: That their intention was only to look at the goods, but not to carry them off that night: That the declarant remained in the shop for about half an hour; and, after being some time there Brodie called out “What made him stay so long--was he taking an inventory of the shop?”

That the declarant only brought away with him that night seventeen steel watch-chains, and a small red pocket-book. The steel chains the declarant afterwards sold along with some other goods of his own to an auctioneer, and the pocket-book he afterwards made a present of to Michael Henderson, Stabler in Grassmarket, his daughter.

That the declarant and Brodie afterwards, in about a fortnight, went back to rob M‘Kain’s shop completely, and opened the door as formerly, when Smith went in, and left Brodie to watch without; but he was not a few minutes in the shop, when he heard a person in the room immediately below rise out of his bed, and come towards the door; on which the declarant pulled up the shop-door, and ran straight into the street, without carrying any thing with him.

That he found Brodie had fled; and the declarant, on going up to the main street, found Brodie standing at the head of the entry into the Old Green Market: That, a little after this, the declarant and Brodie walked arm-in-arm down Bridge Street, in order to see what they could observe about the shop; and, in passing down the street, they saw a man looking out at the door immediately under M‘Kain’s shop, and a guard soldier standing opposite, at the head of the stair which goes down to the Flesh Market; so that the declarant and Brodie passed on along the Bridge, and afterwards went to their several homes, as nothing could be done further that night.

That Brodie told the declarant that the shop at the head of Bridge Street, belonging to Mess. Bruces, would be a very proper shop for breaking into as it contained valuable goods, and he knew the lock would be easily opened, as it was a plain lock, his men having lately altered that shop-door at the lowering of the streets: That the plan of breaking into this shop was accordingly concerted betwixt them, and they agreed to meet on the evening of the 24th of December 1786, being a Saturday, at the house of James Clark, Vintner in the head of the Flesh Market Close, where they generally met with other company to gamble: That, having met there, they played at the game of hazard, till the declarant lost all his money; but at this time Brodie was in luck, and gaining money: That the declarant often asked Brodie to go with him on their own business; but Brodie, as he was gaining money, declined going, and desired the declarant to stay a little, and he would go with him.

The declarant, however, turned impatient, as it was near four in the morning, and the time for doing their business was going; he therefore left the room, and went by himself to Mess. Bruces shop, when he opened the door with false keys, and, after getting in, lighted a dark lanthorn, and took out of the show-boxes or glasses on the counter, and from the inside of the windows, ten watches, five of them gold, three silver, and two metal, with the whole rings, lockets, and other jewellery and gold trinkets in the show-boxes, all of which he put into two old black stockings, and carried them to the stable of Michael Henderson, in the Grass-Market, where he hid them under some rubbish below the manger, and afterwards went home to his own room in the Grass-Market.

That he staid there till near eight in the morning, and then went up to Mr Brodie’s house, when the maid told him that Mr Brodie was in bed; and the declarant then left his name, and said he wanted to see him, and thereafter returned home to his own room: That, after staying there some time, Mr Brodie came and called for him, when the declarant told him what he had done, and desired Mr Brodie to stay there till he would go for the goods: That the declarant accordingly went to the stable, and brought the two black stockings, containing the goods, and poured them out upon a bed in a closet off his room, and then said to Mr Brodie, “You see what luck I have been in; you might have been there; but as you did not go, you cannot expect a full share; but there are the goods, pick out what you choose for yourself”; upon which Brodie took a gold seal, a gold watch-key set with garnet stones, and two gold rings: That the declarant and Brodie went twice over the goods, in order to ascertain their value; and the declarant, who was himself skilled in articles in that line, was of opinion they would have cost Mess. Bruces about £350 Sterling.

That, after this, the goods were again put into the black stockings, and carried back to Michael Henderson’s stable: And, in the course of that day, being Sunday, the declarant and Brodie frequently passed Mess. Bruces shop-door, to see in what situation the door stood, and to learn if the robbery had been discovered; and nothing appearing, the declarant proposed to Brodie to go back that night, in order to sweep the shop clean; but Brodie objected to this, saying that a discovery might have been made, and a watch set to entrap them; on which account they desisted from the attempt.

That, after this, Brodie and the declarant had several meetings, consulting about the safest way to dispose of the goods: and, upon the Tuesday evening, it was concerted between them, that the declarant should go off next day for England with the goods; and at that time Brodie gave the declarant five guineas and a half to carry his expenses on the road; and, to evade suspicion, the declarant set out early next morning, and travelled on foot as far as Dunbar, where he took the mail-coach, and went to Chesterfield in England, and there sold the whole goods taken out of Mess. Bruces shop, except what Mr Brodie got, for £105 Sterling, to John Tasker alias Murray, who, he knew, had been banished from Scotland: That the declarant sent a twenty-pound note of this money in a letter to Mr Brodie, informing him of the sale, and desiring him to pay himself what the declarant had borrowed, and supply his wife with money till the declarant’s return.

That the declarant staid for some weeks in England, during which time he had several letters from Brodie; and, on his return, gave to Brodie three ten-pound notes more of the money to keep for him, and to prevent suspicion by the declarant’s having so much money about him, which money Brodie gave him as he wanted it, but gained a great part of it at play.

That among the goods sold to Tasker, there was a particular gold watch, which Tasker said he would wear himself, and, to prevent a detection, got the name and number altered by a man at Leeds, and which watch Tasker was wearing when the declarant left England.

* * * * *

Mr BRODIE was examined the same day, and being interrogated, declared, That he had been employed by the Magistrates of Edinburgh to alter the door of Mess. Bruces’ shop, at the head of Bridge Street; that his men altered it accordingly, after the streets had been lowered.

And being interrogated, If he was at that time acquainted with George Smith, present prisoner in the Tolbooth?--declares, That he does not at present remember at what time he became acquainted with Smith--But, as the declarant has other business of his own at present to take up his time, declines to give any further answer to this or any other question at present.

Being further interrogated, If he recollects receiving from George Smith a gold seal, a gold watch-key, and two gold rings?--he declines to answer this or any other question, for the reason above stated.

And being desired to sign this declaration, he refused so to do.

* * * * *

ANNE HIBUTT, spouse of George Smith, was also examined, who declared, That one morning Brodie came to the room where her husband and she resided, and examined a parcel of jewellery goods; and she saw Mr Brodie get the seal, watch-key, and rings mentioned in her husband’s declaration.

That she saw Brodie give her husband some money the night before he went to England; and, during her husband’s absence, she received money from Mr Brodie.

* * * * *

ANDREW AINSLIE was examined, and declared as to the time of his becoming acquainted with Brodie and Smith: That he was at Glasgow at the time Mess. Bruces’ shop was broke; but, on his return to Edinburgh, was informed of the particulars by Smith.

That he often saw, in Mr Brodie’s possession, hanging at his watch, a gold seal and watch-key, which Brodie said, these, with some other trifles, were the only things he had got of what was taken out of Mess. Bruces’ shop; and has often heard Smith and Brodie quarrelling, and Brodie grumbling and complaining that he had never got his proper share of the goods taken out of that shop.

* * * * *

JOHN BROWN, _alias_ Humphry Moore, declared as to the time he became acquainted with Smith and Brodie: The first time he saw Brodie was supping in Smith’s house: That he was not come to Edinburgh when Mess. Bruces’ shop was broke.

That he has often heard Smith and Brodie talking with regard to that shop-breaking, and Brodie complaining that he had not got his proper share of the goods; and particularly, in a conversation betwixt Brodie and the declarant, after the shop of Inglis and Horner had been broke into, Brodie damned Smith for having broke into this last shop himself, and said he would treat him, Brodie, in the same manner he had done as to Bruces’ shop, which was very ungenerous, after he had given him the information.

That he had often had Brodie’s gold watch in his custody, and saw the gold seal and watch-key hanging at it, which Brodie often said were the only things he had got that were taken from Bruces’ shop.

APPENDIX X.

STATE OF THE PROCESS AT THE INSTANCE OF JOHN HAMILTON, CHIMNEY-SWEEPER, IN PORTSBURGH, AGAINST WILLIAM BRODIE, WRIGHT AND CABINETMAKER, IN EDINBURGH, REFERRED TO AT THE TRIAL, RESPECTING THE LOADED DICE, WHERE THE CLUB, SO OFTEN MENTIONED IN SMITH’S DECLARATIONS, MAKES A CONSPICUOUS FIGURE.

The process is in the form of a petition and complaint against Brodie, Smith, and Ainslie. It states that, on a certain night in January last, he, Hamilton, accidentally met with these persons in the house of Clark, vintner, at the head of the Fleshmarket Close; that when he joined them there playing at dice, that, suspecting no fraud or deceit, he had joined in the amusement, and, in a short space, lost six guineas, and some odd shillings; that, being surprised how this could happen, he seized on the dice, and had them examined, and discovered that they were loaded or false dice, filled at one end or corner with lead; and he concludes with praying for a warrant to apprehend and incarcerate the said persons, until they should repeat the sum of which he had been so defrauded, and pay a sum over and above, in name of damages and expenses.

Answers were given in for Mr. Brodie to this complaint, and separate answers for Smith and Ainslie.

They stated, in general, that, on the evening mentioned in the petition, they were innocently amusing themselves with a game at dice over a glass of punch, and that the petitioner intruded himself upon their company; that, if false dice were used on that occasion, it was unknown to the defenders, as the dice they played with belonged to the house; that, if the petitioner had lost the sum he alleged, it had not been gained by the defenders, as Smith and Ainslie had said, that, so far from gaining any thing that evening, they had lost, and Brodie said he had only gained 7s. 6d.; that the prisoner himself was a noted adept in the science of gambling; and it was not very credible that he would have allowed himself to be imposed upon in the manner he had alleged.

The replies for Hamilton to these answers are a curious production. After stating the nature of the complaint, and the defences that had been made to it for Brodie, Smith, and Ainslie, they say, “A wonderful story indeed! Smith and Ainslie, two noted sharpers at the business, in their answers, assert they were losers, and innocent Mr Brodie avers he was only a gainer in this paltry trifle of 7s. 6d.; and yet the petitioner finds himself out of pocket near as many guineas as that gentleman says he received of shillings. Certain, however, it is, that in their company, by undue means, he lost five guinea notes, two half guineas in gold, and six shillings in silver, before he suspected the fraud.”

“Neither Dr Katterfelto, nor Breslaw, were present to transmute it. Unless, therefore, some of their learned pupils had not been very near him he would have been in possession of his money at this moment. Mr Brodie knows nothing about, and is entirely ignorant of such devices and always considered all dice to be alike. It is, says he in his answers, the petitioner who ‘is such an adept in the science, as to be alone capable of using such instruments and of explaining the nature of them.’

“Miserable!--that the petitioner, a deemed sharper, should be taken in by a pigeon, to use the _lingua_ of the Club. But so it has happened. Mr Brodie knows nothing of such vile tricks--not he! He never made them his study--not he! Never was at either pains or expense to acquire them, nor ever studied under Mr Breslaw, &c., &c., for that very special purpose--not he indeed! Mr Brodie never haunted night-houses, where nothing but the blackest and vilest arts were practised to catch a pigeon; nor ever was accessary either by himself or others in his combination, to behold the poor young creature plucked alive, and not one feather left upon its wings--not he indeed! He never was accessory to see or be concerned in fleecing the ignorant, the thoughtless, the young, and the unwary, nor ever made it his study, his anxious study, with unwearied concern, at midnight hours, to haunt rooms where he thought of meeting with the company from which there was a possibility of fetching from a scurvy sixpence to a hundred guineas--not he indeed! He is unacquainted altogether with packing or shuffling a set of cards--he is indeed! Mr Brodie, in all his innocent amusements, never met with any person, who, after having been fleeced of money to the amount or a hundred pounds, and detected of the vile and dishonest methods by which it had been abstracted from him, received, as a return for his moral rectitude, a very handsome incision on the eye--never he indeed! He never was in such company, nor ever met with such accident--not he! It is only the petitioner, or such like him, who are known and adepts in the devices--which Mr Brodie very modestly says he is innocent of--who could be guilty of such practices, and receive such returns.

“But, however certain Mr Brodie’s innocence may be on these scores, previous to the 17th January current, it is as certain that on that night, both him and Ainslie, and Smith, had acquired more complete knowledge of the business of gambling than the petitioner; for, notwithstanding all his art, they went infinitely beyond him; he was totally at a loss when he observed the dice take such a run; not indeed but he was apprehensive something was going on unfair and ungenerous. At last, having been despoiled of his money, he seized them, and discovered the charm. For this unjustifiable procedure in the defender, the petitioner is confident every good magistrate will feel it their duty to give him reparation; and it is their business to check these infamous proceedings, be they followed by whatsoever person they may; for, the greater the man is, and the weightier his purse, the more is he the object of justice and example; and the lower the man is in rank or station, who suffers by such, the louder is the cry and more the demand for redress.

“If, so long ago as the 1711, the Legislature had perceived its pernicious consequences, how much is it the duty of those to whom its execution is entrusted to act up to its very letter; when it is a fact, that, in these modern times, gaming of every kind has pervaded all ranks; from the stable-boy to the Peer it is the subject of study and of practice; and some of every denomination have made it their chief business to attain the method or art how to cheat his neighbour the best; his neighbour, nay, his friend and companion, who never would have suspected such a latent serpent lay in his breast.

“There are living instances of men, who, though born to independence and enjoying most ample fortune, can intermix with the very lowest class of the multitude, and even court this company from motives prompted surely by the principles only of rapacity and avarice; and, without shame or remorse, use the most unjustifiable and dishonest practices to fleece them of their little pittance--pittances so much below their envy, that a relation of them would not bear the appearance of truth; and what must these men appear to be in the mind of every good person; yet still there are such who demean themselves to these practices, and, rather than associate with their equals, will descend to keep company with ostlers, pedlars, and stable-boys.”

APPENDIX XI.

AN ACCOUNT OF MR. BRODIE’S BEING SEIZED AT AMSTERDAM.

JOHN DALY, an Irishman, residing at Ostend, had seen Brodie, who passed there under the name of John Dixon, at the house of one Bacon, a vintner, with whom he lodged.

Brodie was recommended to Bacon at Ostend by the following letter from Captain Dent, in whose vessel he went to the Continent:--

To Mr John Bacon, Vintner, Ostend.

Dear Friend,

The bearer, Mr John Dixon, was going passenger with me to New York, but, being taken sick, had a desire to be landed at Ostend. Therefore, I recommend him to your care, being a countryman and a stranger; on my account, I hope you’ll render him every service in your power.

In so doing, you will oblige

Your most humble servant,

JOHN DENT.

Sir John Potter employed this Daly to go to Holland in pursuit of Brodie. He got notice of him at Amsterdam, by means of two Jews who attend the passengers that arrive in the treck schoots. He described Brodie to them, and a black trunk he had with him; and they, for a few stivers, showed him the alehouse where he had taken up his quarters.

Daly said Brodie was lodged in the first floor: that the landlord of the house informed him that the gentleman he enquired for was above. On this information, Daly went up stairs, knocked once or twice at the door, but no person answering, he opened the door, and went into the room. After searching about some time, he found Brodie in a sort of cupboard, and he addressed him, “How do you do, Captain John Dixon _alias_ William Brodie?--come along with me.” He then got him lodged in the Stadthouse. Daly came over to London, and got his reward.

APPENDIX XII.

THE JOURNAL OF MR. GROVES, WHO WAS DESPATCHED FROM LONDON TO AMSTERDAM TO TAKE CHARGE OF BRODIE.

On Tuesday, the 1st July, I left London, and arrived at Harwich at three o’clock the next morning.

Wednesday, waited on Mr Coxe, the agent for the packet, with Mr Fraser’s letter, and also on the Captain, who dined with me. At half-past four in the afternoon sailed out of the harbour, and lost sight of land at nine.

Thursday, got sight of Helvoetsluys at twelve next day,--dead calm four leagues from shore,--rowed into the harbour in the long boat, with Captain Hearne, and Carpmeal, (Sir S. Wright’s officer), with the mail, and a woman going as Lady’s maid to Sir James Harris’s Lady,--drove back by tide, and almost out to sea again,--landed on sand, walked to several farmhouses, leaving the mail and baggage on the sand, guarded, in quest of a waggon,--refused;--a boor, at last, went at an extravagant price; we had walked seven miles on hot sands, and parched with thirst; at eight o’clock waggon came with the mail, &c.--set out for the Brill, but, within two miles, waggon broke down, and obliged to procure boors to carry mail, &c. arrived at the Brill at half past nine;--Brooks, the messenger, came from Helvoetsluys to meet us, where he had been waiting,--had heard nothing of any person (Englishman) being in custody at Amsterdam, which much alarmed me, nor had Hutchinson, the collector of the passports,--more alarmed;--delivered Mr Fraser’s letter to Brooks;--at ten set off with Brooks for Maslinsluys, arrived there at half-past eleven, got to Delft at three-quarters past twelve;--arrived at the Hague at three in the morning in an open post waggon, with heavy rain, thunder and lightning.

Friday, waited on Sir James Harris at ten in the morning,--introduced to Brooks,--treated with great affability, and received a letter from Sir James, which he had already wrote, directed to Mr Rich, the consul, Sir James having first informed me that Brodie was safe in the Stadthouse,--consulted Sir James on the mode of obtaining him,--informed that, if the magistrates of Amsterdam required an official application to the States General, to come back immediately to him, and he would obviate all difficulties; but he did not think it would be necessary:--it was Sir James’s opinion the magistrates would give him up without, if not, was certain they would detain him till an answer to Sir James’s application to the States could be obtained;--set off for Amsterdam, and arrived there the same evening; waited on Mr Rich,--politely received; and we consulted on measures,--Mr Rich to wait on one of the magistrates that evening, and to send to me early next morning.--Waited on Mr Duncan, a Scots gentleman, and father-in-law to Mr Gerard, a minister at Amsterdam, with Mr Langlands’s letter;--Mr Duncan seemed willing to identify Brodie; but on being called out into another room by Mr Gerard and his wife, on his return, Mr D. said as far as his word of honour as a gentleman would go, and his belief, he would say he was the man; but, if an oath was required he would not,--Saw then a manifest reluctance in Mr D. and had no doubt his daughter and the parson would endeavour to persuade him to decline troubling himself in the matter; but judged he could not go back from what he had said to Mr Rich.

_N.B._ No mischief but a woman or a priest in it,--here both.