Trial of Deacon Brodie

Part 30

Chapter 304,110 wordsPublic domain

Saturday morning, received a message from Mr Rich,--most of the magistrates gone to their country-houses,--nothing could be done till Monday;--Mr Rich entertained no doubt, but said a magistrate had informed him, that a formal requisition must be made by him, in writing, to the magistrates;--he produced the copy of one, requiring the person of William Brodie to be delivered up; I corrected it, by inserting “otherwise John Dixon,” as the magistrates of Amsterdam knew of no William Brodie; Mr Rich agreed it was proper;--informed him of my suspicions respecting Mr Duncan, and the steps that would be taken by his family to make him, if possible, recant;--my fears further increased, as Mr Duncan lodged in the same tavern with me, I had frequent opportunities of conversation with him, and could plainly see a sorrow for what he had said, and a wish to retract.

Monday, waited on Mr Rich,--found, by a mistake in not inserting “otherwise John Dixon “ in the requisition, that the business must be delayed till the next day ten o’clock, when a general meeting of the magistrates, with the grand schout, (high sheriff), to consider on the application;--mistake corrected, and requisition presented.

Tuesday, sent for by the magistrates to the Stadthouse;--from their manner, judged Brodie’s delivery as predetermined;--Mr Duncan sent for.

MR. DUNCAN’S ACCOUNT TO THE MAGISTRATES.

That he was not a native of Edinburgh, but of Aberdeen; that he frequently came to Edinburgh on business; and that eight ten, or twelve years ago, he could not say which, the man who now called himself John Dixon was pointed out to him as Deacon Brodie, having asked a gentleman who he was.

That he had seen him several times after, and always understood him to be Deacon Brodie, but did not know his Christian name; had no doubt, and verily believed he was the same man; but would not swear he had no doubt and verily believed him to be the same.

BRODIE ORDERED TO BE BROUGHT IN.

SUBSTANCE OF EXAMINATION.

_Q._ What is your name?

_A._ John Dixon.

_Q._ That is the name you go by here--but is not your real name William Brodie?

_A._ My Lords, I stand here and claim the protection of the laws of this country, which require two witnesses, on oath, to prove me William Brodie.

You shall have the protection of the laws of this country, but they do not require two oaths to identify you; it requires that the magistrates shall be satisfied you are the same man.

Mr. Groves--I beg leave he may be asked, if he is not a native of Edinburgh?

Question put--the answer, I have been at Edinburgh.

Mr Groves--Is he a Deacon of Edinburgh?

_A._ I claim the protection of the laws.

Mr Groves--Does he know Mr William Walker, Attorney at law, of the Adelphi, London?

_A._ I know such a man.

Mr Groves--Then that William Walker procured the escape of this William Brodie from London, which I can prove by extracts of letters now in my pocket, the originals of which are here in the hands of your officers. I can swear to Mr Walker’s writing.

Prisoner ordered to withdraw.

Here the Magistrates asked me if I was ready to swear that, from the pointed description of him and all said circumstances, he was, to the best of my belief, the man required to be given up?--I told them I was.

Mr Duncan was then asked if, from what he knew and what he had heard, he would swear he had no doubt, and believed him to be the man.

Mr Duncan’s reply.--I am only a visitor here; and being called on such an occasion, it might, in my own country where I am a Magistrate, have the appearance of forwardness if I was to swear. I am a man of honour and a gentleman, and my word ought to be taken. I do believe, and I have no doubt, that he is the same man; but I decline to swear it; I’ll take no oath.

The Magistrates expostulated, but unsuccessfully, on the absurd idea of saying, “I have no manner of doubt, and verily believe,” and refusing to swear, “I have no manner of doubt!” &c.

As I had previously drawn up an information for Mr Duncan and myself to that effect, he was asked if he would sign it without swearing?--when Mr Duncan said he would.

The Magistrates then said that they should pay the same compliment to me they did to Mr Duncan, and take my signature to the certificate, without an oath, even to my belief.--Certificate signed.

The prisoner was then ordered in, and the certificate read to him, and asked, If he had not a father?--he replied,--None.

But you had a father, said the Judge--was not his name Brodie?

To this Mr Brodie replied,--“There are more Brodies than one.”

Then by that, said the Judge, you confess your name is Brodie?

_A._--A _lapsus linguae_, my Lord.

Brodie again insisted upon the oaths; but the Judge told him that all they wanted was to be satisfied, which they were from what Mr Duncan and Mr Groves had signed, and partly from a confession of his own.

He was told he should set off as that day; and it was settled at four in the afternoon.

The Judge told me I should have a guide, who would procure the means of conveyance, &c. I took my leave of them with thanks, &c.; waited on Mr Rich; at four was sent for to the Stadthouse, where there was a prodigious crowd; two carriages and four guides, with four horses in each carriage; and the prisoner, being properly secured, we put him into one, and got to Helvoet without much interruption next day at one o’clock; packet sailed at five.

_N.B._ I had wrote a letter to Sir James Harris on the Saturday, requesting the packet to be detained, who informed me by Mr. Rich, with whom I dined on the Monday, that it should be detained to the last moment.

Brodie was watched two hours alternately on board by the ship’s crew; his hands and arms confined, and his meat cut for him, &c.

On Thursday night, eleven o’clock, we arrived at Harwich--supped--set off immediately, and arrived next day at noon at Sir Sampson Wright’s, before whom, and Mr Langlands, Brodie confessed he was the person advertised.

APPENDIX XIII.

COPIES OF TWO AUTOGRAPH LETTERS OF DEACON BRODIE, HITHERTO UNPUBLISHED.

[From Dr. David Laing’s MSS. in the University Library, Edinburgh.]

I.

[To the Right Hon. Henry Dundas (Viscount Melville).]

Right Honble. Sir

You are no doubt acquainted with my misfortunes. Extracts of the proceedings against me are sent to London by my friends to endeavour to procure a Remission or an Alteration

of my Sentence. But 1 believe little respect is paid to such Aplications unless supported by respectable Personages. With which view I now most humbly Beseech your interposition and interest in support of this aplication making at London in my behalf and if possible prevent me from suffering an Ignominious Death to the disgrace of my numerous conections, even if it were to end my days at Bottony Bay.

I have wrote more fully upon this subject to His Grace the Duke of Buccleugh.

As the time appointed for my Disolution aproaches fast, I most earnestly intreat no time may be lost in writing to London in my behalf.

I now most humbly Beg that you will pardon this Presumption in one of the most unfortunate of the Human Race and whatever may be the result of this Aplication, I shall ever pray for your welfare and hapiness.

I am with the greatest respect Right Honble Sir Your most obdt and huble Sert but most unfortunate WILL: BRODIE.

HANG Edinr Tolbooth 10th Sepr 1788

II.

[To Her Grace The Duchess of Buccleuch.]

Madam,

Lett me beseech your Ladyship to pardon My Boldness in making the present address.

The wretched can only fly to the Humane and the powerfull for Relief.

As my triall is printed, it would Ill suit me to make any reflections on the unfortunate Issue; and this much I am convinced of, that the Current of Popular prejudice is so strong against me, that it will be well with me if I can Rescue my Life on any terms; and tho’ my friends are making aplication above, I have little hopes of the success, unless some Respectable Characters who have had an oportunity of knowing something of those I have come of, and of my former life, Interest themselves in my behalf.

With all the fortitude of a man, I must confess to you, Madam, that I feel the Natural horror at Death, and particularly a violent Ignominious Death, and would willingly avoid it even on the condition of spending my Future years at Bottony Bay.

In that Infant Collony I might be usefull, from my knowledge in severall Mechanical branches besides my own particular Profession; and if your Ladyship and your most Respectable friend The Right Honble Henry Dundas, would Deign to Patronise my Suit, I would have little Reason to Doubt the Success. Capt John Hamilton too I think would be ready to assist in any measure Sanctified by your Ladyship.

Lett me again intreat you to Pardon my Boldness. My time flies apace, and the hand of Death presses upon me. Think for one moment, but no longer, what it is to be wretched, Doomed to Death, helpless, and in Chains, and you will excuse an effort for life from the most Infatuated and miserable of Men, who can confer no Compliment in subscribing Himself

Madam, Your Ladyships Devoted huble Sert WILL:M BRODIE.

Edinr Tolbooth in the Iron Room and in Chains 10th Sepr. 1788.

_P.S._ I have requested Mr. Alexr Paterson my agent to Deliver this in Person to your Ladyship.

W. B.

APPENDIX XIV.

SPEECH WHICH GEORGE SMITH INTENDED TO HAVE MADE TO THE COURT AND JURY AT HIS TRIAL.

GEORGE SMITH was taken into custody on Saturday morning, the 8th of March, upon the information of John Brown _alias_ Humphry Moore. On Monday, the 10th, remorse of conscience seized his mind, and he sent to the Sheriff, wishing to make a clean breast, and to tell the truth. From that time he has all along been humble, penitent, and resigned.

At his trial he intended to have pled guilty but was prevailed upon to take his chance of a trial. He meant to have asked for mercy on the ground of making an ample confession of the crimes committed and to be committed, and had prepared a speech in writing to that purpose, which he intended to have read.

On the Friday before the trial, Smith wrote a letter to the Board of Excise, saying that he was not to give them any trouble, for he would plead guilty.

By means of a humane and benevolent clergyman who attended this unhappy man with the most feeling solicitude and earnest discharge of duty during his imprisonment, we have been favoured with this speech, and the catalogue of crimes which were to have been perpetrated, which will strike every reader with horror and amazement.

It is in his own handwriting, and will be deemed curious by the public. It is remarkable that Smith spells much better in his writing than Brodie.

The speech is as follows:--

My Lords, and Gentlemen of the Jury,

I stand before this Tribunal, so dreadful to the guilty mind, a victim, in the first instance, to private revenge. The principal informer against me had suddenly become my mortal enemy, and thought of nothing, I fear, when he went to the Sheriff-clerk’s Office, but my single ruin. I pray God to forgive him this cruel wrong, as I do from my heart.

Since I was committed to prison, it has been said against me that I was formerly a Smith by occupation, and made the keys that opened the Excise Office and other places; neither of which are true. I never was a Smith, nor ever made a key. Old keys were bought, and the wards of them altered; but I was not by any means the best in the execution.

It may be remembered against me that I tried to break out of prison. But, not to dwell upon the love of life, and the dread of an ignominious execution, both of which are so natural and strong, I not only sincerely repented of having made the attempt, but, as a proof of my sincerity, and, I humbly trust, as some kind of atonement, I prevented Peter Young and three others from doing so--who, with myself, could afterwards have escaped from prison--by freely discovering the plot to the turnkey.

I have, moreover, been falsely accused of advising my unfortunate wife not to speak at all when she should be brought to this Court; but I solemnly declare that the worst advice I ever gave her on that head, was to speak the truth. I have no fear of her evidence affecting my life. To make the wife the witness in law against the life of her husband, would be barbarous in any country. My great security here is that the justice and humanity of this country forbid it.

It was my full confession on my first imprisonment, that has made my offences capital. I have destroyed myself, otherwise no evidence could have condemned me.

I made that confession to prevent more dreadful mischief being done to this injured country from persons whom it least suspected; for God, who seeth in secret, only knows where the evil would have stopped. And, if possible, to make some small reparation for the violent wrongs I have myself been guilty of, I request the indulgence of the Court to suffer me to read over a list of such robberies as my accomplices and myself had determined to commit, had we not been timeously prevented.

1. On Dalgleish and Dickie, Watchmakers. 2. On White and Mitchell, Lottery Office keepers. 3. On a rich Baker near Brodie’s close,--the name forgot. 4. The Council Chamber, for the Mace. 5. The Chamberlain’s Office, for money. 6. Forrester and Co.’s, Jewellers. 7. Gilchrist and Co.’s, Linen-drapers.

[Besides these, and as depredations of greater magnitude,]

8. The Bank of Scotland (or Old Bank) was to have been broke into.

9. The Stirling Stage Coach, carrying a thousand pounds to pay the Carron workmen, was to have been stopped and robbed.

10. Mr. Latimer, Collector of Excise for the Dalkeith district, reported to have generally from one to two thousand pounds, was to have been robbed.

* * * * *

I do not here speak of those felonies which are set forth in my declarations, because some of them were made known by another.

With all humility, therefore, and a trembling heart, I urge the plea of having been the true cause--whatever may seem, or may be endeavoured to be proved to the contrary--of this wicked and dangerous confederacy being discovered and broken up, trusting my life to this one plea, and secure that it will have its full weight in the breasts of a discerning, unbiassed, and merciful Jury.

My most thankful acknowledgments are humbly returned to your Lordships for the appointment of such able and humane Counsel to plead for me. Forgive me for declining their kind help.

I have no warrant to be farther troublesome. My guilty conscience, in place of every other accuser and distress, has brought me to confess crimes for which avenging justice will sentence me to die, and I deserve my doom. I throw myself entirely on the mercy of the Court.

My Lords, to the charge brought against me in the Indictment, I Plead Guilty.

APPENDIX XV.

AN ACCOUNT OF THE EXECUTION OF THE PRISONERS, AND THEIR BEHAVIOUR AFTER THEIR CONVICTION.

(From Contemporary Sources.)

WILLIAM BRODIE appears to have been a man of a most singular and unaccountable character. During his confinement, and from the time of his receiving sentence till his execution, which was thirty-four days, he showed a mixture of character almost incredible. At times serious and sensible of his situation; and the next moment displaying jocularity and humour. He appeared to possess an undaunted resolution and at times even a daring boldness, frequently turning to ridicule his situation and the manner of his exit, by calling it “a leap in the dark.” This disposition continued with him till almost the last moment of his existence.

He declared that, notwithstanding the censures and opinion of the world he was innocent of every crime excepting that for which he was condemned; and endeavoured to extenuate his guilt by saying that the crime for which he suffered was not a depredation committed on an individual, but on the public, who could not be impressed by the small trifle the Excise was robbed of. The hopes of obtaining a pardon or an alteration of his sentence to transportation seems strongly to have impressed his mind. In this view he immediately occupied himself in writing letters, and many of them were sensible, forcible, and well written; in particular, one to the Duke of Buccleugh, requesting his interest to be sent to Botany Bay. He complained much or the interruption he met with from the ministers attending him, and his fellow-convicts’ singing of psalms, &c. Applications were also made to the jury, to the magistrates, and counsel, and many others, to second this view; and it was natural and commendable in his friends to use every exertion in his favour. The examples, however, of a Lord Ferrers, a Dr. Dod, the Perreaus, and Ryland, the King’s engraver, are convincing proofs that the laws are not to be infringed with impunity, and that justice is impartial.

The situation of criminals in the prison of Edinburgh, after condemnation, is, from unavoidable circumstances, peculiarly irksome. They are chained by one leg to a bar of iron, along side of which they may walk; and their bed is made by the side of it. Mr. Brodie was allowed a longer chain than usual, a table and chair, with pen, ink, and paper; and the visits of any of his friends and acquaintances he wished to see, till the night before his execution, when none were permitted to visit him but clergymen.

To the same bar of iron on which he was chained, were, on this singular occasion George Smith, and two men condemned for robbing the Dundee Bank. Brodie was offered a separate room, but declined it.

Smith was uniformly devout and penitent--relished the conversation of clergymen, and joined fervently in religious exercises. Brodie said, upon some of these occasions, that he was so much employed with his temporal concerns he could not attend to them; but, when his business was finished, he would hear the clergymen. He remarked that the best of men had not thought it improper to employ even their last moments in the concerns of this world; that he was standing on his last legs, and it behoved him to employ his time sedulously; that he was determined to die like a man, and recommended the same to his fellow-sufferers. At times, however, he conversed with the clergy, and joined in their devotions. His conversation upon these occasions was directed to the principles of natural religion, not to the doctrines of revelation.

He lamented to a friend the impropriety of his first pursuits in life; that his inclinations at an early period led him to wish to go to sea; and though he did not possess much bodily strength, yet his courage and resolution were undaunted; that, instead of being in that disgraceful situation, his country might have looked up to him with admiration, and he might have been an honour to himself and family.

In the course of this trial he appears to have been naturally mild tempered and humane, but without principles of conduct, and easily led to crime. He writes in his letters affectionately of his children.

On the Friday before his execution he was visited by his daughter, Cecil, a fine girl of about ten years of age. The feelings of a father were superior to every other consideration, and the falling tears, which he endeavoured to suppress, gave strong proofs of his sensibility; he embraced her with emotion, and blessed her with the warmest affection.

On the Sunday preceding his execution a respite of six weeks arrived for Falconer and Bruce, the two people condemned for robbing the Dundee Bank. The news made Brodie more serious for a little time than he had before been, and he expressed his satisfaction at the event, declaring that it gave him as much pleasure as if mercy had been extended to himself. On Smith observing, “Six weeks is but a short period,” Brodie, with some emotion, cried out, “George, what would you and I give for six weeks longer? Six weeks would be an age to us!”

He made frequent inquiries about the alterations that were making at the place of execution, which his friends declined answering out of tenderness. He observed that the noise made by the workmen was like that of shipbuilders; but for the short voyage he was going to make he thought so much preparation was unnecessary. On being visited by a friend on the Sunday evening he, with great calmness and composure, gave the needful directions respecting his funeral, and acknowledged with gratitude the attention that had been paid him during his confinement.

On the Monday preceding his death, at the request of George Smith, the two prisoners, Falconer and Bruce, for whom a respite had been obtained, were removed from the room in which they had all been confined. They parted from their companions in misery with great feeling and sensibility, and during the process of taking off their chains, Mr. Brodie, with great calmness, remained an unaffected spectator. Nothing appeared capable of shaking that fortitude which had attended him during the whole of his confinement.

On Tuesday morning, the day before his execution, a gentleman, who was visiting him, occasionally remarked the fatal consequences of being connected with bad women, and in how many instances it had proved ruinous. He began singing, with the greatest cheerfulness, from the “Beggar’s Opera”--“‘Tis woman that seduces all mankind.” The gentleman reproved this levity, but he sang out the song.

On the Tuesday evening, the 30th of September, the magistrates gave an order that none should be admitted to him but clergymen--a report having prevailed that there was an intention of putting self-destruction in his power. But of this order he complained, appearing to have full conviction of the dreadful consequences attending the crime of suicide; and declared that if poison was placed on one hand and a dagger at the other he would refuse them both, and not launch into eternity with the horrid crime of self-murder to account for--he would submit to the sentence of the laws of his country, and would wait his fate with calmness and composure.

The nearer the fatal moment approached the greater his resolution and fortitude appeared, without any adventitious aid, his manner of living being rather abstemious. He astonished every one that conversed with him, and his courage and magnanimity would have rendered his name immortal had he fallen in a good cause.

Late in the evening, while he was inveighing with some acrimony on the cruelty of not admitting his friends to him, he was suddenly agitated by hearing some noise, and, turning to Smith, he said, “George do you know what noise that is?” “No,” said Smith. “Then I’ll tell you; it is the drawing out of the fatal beam on which you and I must suffer to-morrow! I know it well.” Soon after eleven he went to bed, and slept till four in the morning, and continued in bed till near eight o’clock without discovering any symptoms of alarm at his approaching fate.

At nine o’clock the next morning (Wednesday, 1st October) he had his hair fully dressed and powdered. Soon after a clergyman entered and offered to pray with him. Mr. Brodie desired he might use despatch, and make it as short as possible. During the remainder of his time he was employed in the most painful of all trials--parting with his friends, which he did with the utmost fortitude and composure.

At eleven o’clock he wrote the following letter to the Lord Provost, in a strong, firm hand:--

Edinburgh, Tolbooth, Oct. 1. 1788, Eleven o’clock.

My Lord,