Trial of Deacon Brodie

Part 5

Chapter 53,893 wordsPublic domain

On Sunday, 23rd March, that “constant trader,” the sloop “Endeavour,” of Carron, John Dent, master, bound for the port of Leith, lay at her anchor at Blackwall. About twelve o’clock that night the captain, who had gone ashore, came aboard with the owners, Messrs. Hamilton and Pinkerton, and an elderly gentleman, apparently in feeble health. After a short conversation the owners left the ship; the passenger, who had been “allotted a bed in the state-room near the fire, as he was sick,” withdrew to the privacy of his cabin; and the “Endeavour” began her voyage. Off Tilbury Point, however, she went aground, and did not clear the Thames for a fortnight. No one seems to have thought this misadventure at all remarkable, and such incidents were doubtless common enough in those spacious days, when time, generally speaking, was no object.

The only other passengers on board were John Geddes, a tobacconist in Mid-Calder, and his wife, who were returning to Leith after a visit to the metropolis. The leisurely methods of the “Endeavour” afforded ample opportunity for cultivating the acquaintance of their fellow-passenger, whose name they found was Mr. John Dixon. They passed the time agreeably together, and Mr. Dixon on one occasion entertained his fellow-voyagers to dinner at a neighbouring village, though for the most part, while the vessel was aground, he remained on board.

At length, having been successfully refloated, the “Endeavour” resumed her interrupted voyage. No sooner, however, were they well out at sea than Mr. John Dixon produced and handed to Captain Dent sealed orders from the owners, wherein he was instructed to make sail for Ostend, where Mr. Dixon was to be landed, before proceeding to Leith, and the vessel was accordingly headed for the coast of Flanders. Owing to thick weather and cross winds, she failed to make that port, and finally put in to Flushing. Even this fresh delay appears in no way to have disturbed the equanimity of the easy-going Geddeses; and, having arrived on the 8th of April at their unlooked-for destination, they improved the occasion by making some purchases of contraband goods as a memento of their visit. Mr. John Dixon, meanwhile, before leaving the ship, wrote three letters--which he entrusted to the care of Geddes for delivery on his arrival in Edinburgh--directed respectively to Michael Henderson, stabler in the Grassmarket; Mrs. Anne Grant, Cant’s Close; and Mr. Matthew Sheriff, upholsterer in Edinburgh. Having taken a cordial farewell of each other, Mr. Dixon and Geddes parted company, the former--in whom the astute reader has ere now discerned the perfidious Deacon--setting out for Ostend in a skiff, and the latter resuming his protracted voyage.

When the “Endeavour” eventually arrived at Leith, where her non-appearance had caused considerable anxiety, Geddes, on perusing the newspapers, saw the Deacon’s description; but, though satisfied that the letters he carried were written by the notorious William Brodie, for three weeks after making the discovery he did nothing further in the matter. Perhaps a dilatory habit had been induced by his late experiences, or his conscience may have required some persuasion. Having at last decided to open the letters, he showed them to various persons, and subsequently delivered them over to the Sheriff. In taking this course, Geddes was probably actuated less by a sense of duty to his country than by a desire to secure the reward. If so, it is satisfactory to find that he did not receive it. The authorities had now, through the Deacon’s singular imprudence, obtained the necessary clue to his whereabouts, and no time was lost in following it up.

What were the contents of the letter to Anne Grant we have now no means of knowing, for that document was not produced at the trial, but the other two letters will be found at length in the following report. In all the contemporary accounts of the trial the names of persons referred to by Deacon Brodie in his letters were, for obvious reasons, omitted. These are now printed in full for the first time from the originals in the Justiciary Office, Edinburgh. In that addressed to his brother-in-law, Matthew Sheriff, dated 8th April, the Deacon writes--“My stock is seven guineas; but by I reach 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 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. I could not extract one guinea from him, although he owes me twenty-four pounds for three years past. He cannot help his natural temper.” Evidently the spruce and dapper gentleman keenly felt the sartorial straits to which his cousin’s parsimony had reduced him. He requests that wearing apparel, tools, and certain articles connected with his trade be forwarded to him at an address in New York; desires that his remittances may be as liberal as possible--“for without money I can make but a poor shift”; and adds in a postscript, “Let my name and destination be a profound secret, for fear of bad consequences.”

To Michael Henderson he writes, on 10th April, after the passages already quoted, asking what is likely to become of “poor Ainslie, Smith, and his wife; I hope that neither you nor any of your connections has been innocently involved by these unfortunate men. Write me how the Main went; how you came on in it; if my black cock fought and gained, &c., &c.”--from which we are pleased to note that the Deacon, amid the ruin of his fortunes, retained his kindly disposition and sporting instincts. One hopes that the black cock came off victorious. It is interesting to find in the _Edinburgh Evening Courant_ of 5th April, 1788, the following advertisement of the “Main” to which the Deacon refers:--

COCK FIGHTING.

The LONG MAIN betwixt William Hamilton, Esq., of Wishaw, and Captain Cheap of Rossie, begins at twelve o’clock on Monday, the 7th curt., and will continue at the same hour every day during the week, at HENDERSON’S PIT, Grassmarket.

SUNLEY and SMALL, Feeders and Handlers.

Brodie concludes his letter thus--“I am very uneasy on account of Mrs. Grant and my three children by her; they will miss me more than any other in Scotland. May God in His infinite goodness stir up some friendly aid for their support, for it is not in my power at present to give them the smallest assistance. Yet I think they will not absolutely starve in a Christian land, where their father once had friends, and who was always liberal to the distressed. My eldest daughter, Cecil, should be put apprentice to the milliner or mantuamaking business; but I wish she could learn a little writing and arithmetic first. I wish to God some of my friends would take some charge of Cecil; she is a fine, sensible girl, considering the little opportunity she has had for improvement.” Here we have a glimpse of another and better element in the complex character of this extraordinary man.

Information of the circumstances disclosed in these letters was instantly despatched to the authorities in London, and the Secretary of State, Lord Carmarthen, at once communicated with Sir John Potter, the British Consul at Ostend, in consequence of which Deacon Brodie was traced to Flushing and Middleburgh, and from thence to Amsterdam. Application was immediately made to Sir James Harris, British Consul there, with the result that the Deacon was apprehended in an alehouse, through the instrumentality of John Daly, an Irishman, on the eve of embarking for America.

The circumstances of his capture were as follows:--Daly, armed with an exact description of the fugitive, ascertained his whereabouts in Amsterdam from two Jews “who attend the passengers that arrive in the treck schoots.” On reaching the alehouse where Brodie was lodged, the landlord told him that the gentleman he inquired for was above. Daly proceeded to the first floor, knocked once or twice at the door, and, receiving no answer, entered the room. It was seemingly empty, but a search of the apartment disclosed the unlucky tenant hiding in a cupboard. “How do you do, Captain John Dixon _alias_ William Brodie?” said Daly; “come along with me”; and the Deacon, realising that resistance was useless, surrendered at discretion, and was duly lodged in the Stadthouse. It is disappointing to find our hero yielding thus tamely to his Irish captor, but it must be remembered that, physically, the Deacon was a small man, and, moreover, at this time was not in good health. Having seen his captive safely disposed of, John Daly left for London to claim and receive the reward.

On 1st July, Mr. Groves, Messenger-at-arms, was despatched from London to bring the prisoner back to England. The journal kept by Groves on this expedition--a copy of which is contained in the Appendix--gives an interesting account of the proceedings before the magistrates at Amsterdam in connection with the extradition of the Deacon. There was some difficulty in establishing the prisoner’s identity, the evidence of two witnesses on oath to that effect being required by the law of Holland. One witness, who had seen Brodie in Edinburgh, stated that he had no doubt he was the same man, “but would not swear he had no doubt”--a nice distinction. The Deacon would admit nothing. Ultimately the magistrates declared themselves satisfied, and the prisoner was delivered up to Mr. Groves, who conducted his charge in triumph to Helvoetsluys.

The journey was accomplished, with all the pomp and circumstance befitting so important an occasion, in “two carriages, and four guides, with four horses in each carriage,” and the poor Deacon “properly secured” inside. Next day they sailed for Harwich, the prisoner being “watched two hours alternately on board by the ship’s crew, his hands and arms confined, and his meat cut up for him, &c.” Mr. John Dixon must have recalled with regret the comforts of his earlier voyage.

On 11th July the pair arrived in London, where Deacon Brodie was examined at Bow Street before Sir Sampson Wright, chief magistrate, and Mr. Longlands, solicitor to the Treasury, in whose presence he admitted his identity. He was accordingly committed to Tothilfields Bridewell, pending his removal to Scotland.

At Bow Street two trunks belonging to Brodie were opened, and in one of them was found a bundle of papers. Among these were two draft letters or unsigned scrolls, afterwards produced at the trial, and printed in the following report, which throw much interesting light upon the writer’s position and prospects. They were evidently intended for friends in Edinburgh, and written subsequent to the letters which he had intrusted to the treacherous Geddes. He writes--“I hope to embark in the first ship for America, to whatever port she is bound, which will probably be Charlestown, South Carolina, as there is a ship lying-to for that port. I will settle there, if I think I can do better than at Philadelphia or New York.” He asks his correspondent to inform him “what has been 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? I shall ever repent keeping such company; and whatever they may allege, 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 all will be laid to my charge, and some that I never heard of.” The last quoted passage told strongly against him at the trial, and it is difficult to see why he had preserved such compromising documents.

In the same trunk was found an account or state of Brodie’s affairs prepared by himself on 24th March, the day after he embarked in the “Endeavour.” This document was founded on in the indictment and produced at the trial; but Creech tells us, in the introduction to his report, that, “although laid on the table for the inspection of the jury, yet, being of a private nature and not necessarily connected with the crime charged, the jury had too much delicacy to look into; and it is hoped the same motive will be a sufficient apology for not laying it before the public.” It was, accordingly, not published in any of the contemporary accounts of the trial, and is now for the first time printed in the following report from the original MS. in the Justiciary Office. From this most interesting document we are able to learn the financial position of Deacon Brodie at the time of his flight, and it is surprising to find that he brings out a balance in his favour of upwards of £1800.

Our old friend, George Williamson, the King’s Messenger, was sent from Edinburgh to conduct the reluctant Deacon back to his native city. On the journey north, Williamson tells us, “Mr. Brodie was in good spirits, and told many things that had happened to him in Holland.” Among other items of interest, he mentioned that, while in Amsterdam, he had formed the acquaintance of a gentleman living in that city on the proceeds of a successful forgery committed upon the Bank of Scotland. Forgery was a branch of the learned professions which the Deacon had hitherto neglected, and he was receiving instruction from this obliging practitioner, when his studies were abruptly terminated by Mr. Daly’s call. “Brodie said he was a very ingenious fellow, and that, had

it not been for his own apprehension, he would have been master of the process in a week.” Before arriving in Edinburgh the Deacon, ever careful of his personal appearance, was anxious to obtain a shave--a luxury to which, in the turmoil of his affairs, the dapper gentleman had been for some days a stranger. Williamson, afraid to trust a razor to one so circumstanced, himself essayed the task. His intention must have been superior to his execution, for, when the operation was over, the patient remarked, “George, if you’re no better at your own business than at shaving, a person may employ you once, but I’ll be d----d if ever he does so again!”

On 17th July the _Caledonian Mercury_ was able to announce to its readers--“This morning early Mr. Brodie arrived from London. He was immediately carried to the house of Mr. Sheriff Cockburn, at the back of the Meadows, or Hope Park, for examination. Mr. George Williamson, Messenger, and Mr. Groves, one of Sir Sampson Wright’s clerks, accompanied Mr. Brodie in a post-chaise from Tothilfields Bridewell. He was this forenoon committed to the Tolbooth. They were only fifty-four hours on the road.”

* * * * *

While their leader was enlarging his experience of life on the Continent, Smith and Ainslie had varied the monotony of existence in the Tolbooth by a vigorous attempt to regain their liberty. We read in the _Scots Magazine_ for May, 1788, that “in the night between the 4th and 5th of May, George Smith, prisoner in the Tolbooth of Edinburgh, accused of shop-breaking and theft, had the ingenuity to make his way from his own apartment to that of Andrew Ainslie, a supposed accomplice in the same crimes, though Ainslie’s room was situated two storeys above that occupied by Smith. This, it would appear, was achieved by his converting the iron handle of the jack or bucket of the necessary into a pick-lock, and one of the iron hoops round the bucket into a saw. By a dextrous use of these instruments Smith took off one door from the hinges, and opened the other which led to Ainslie’s apartment. They then both set to work, and cut a hole through the ceiling of Ainslie’s room, as well as through the roof of the prison itself. Luckily, however, the falling of the slates and lime into the street, between three and four o’clock in the morning, attracted the attention of the sentinel upon duty, who immediately gave the alarm, and the inner keeper had them soon after properly secured. In order to let themselves down from the top of the prison they had prepared 16 fathoms of rope, which they had artfully manufactured out of the sheets of their beds.”

This daring and ingenious bid for freedom deserved a better fate, and it is a testimony to Smith’s skill that he was able to achieve so much by means so grotesquely inadequate. Little wonder that, with liberty and his tools, he was a competent and successful practitioner.

Mr. Brown, that unamiable informer, was, strangely enough, also at this time an inmate of the Tolbooth. The _Edinburgh Magazine_ for the same month gives an account of his arrest, along with George White, tanner, and William Peacock, flesher, charged with being concerned in the murder of James M‘Arthur, change-keeper in Halkerston’s Wynd, during a quarrel in the latter’s house--“alleged not to be one of very good repute”--in which M‘Arthur was fatally assaulted with a bottle. The consequences of this regrettable incident were, so far as Brown was concerned, averted by the pardon aftermentioned. White, however, was brought to trial and found guilty of culpable homicide.

The law officers of the Crown were now busily preparing their case against Brodie, Smith, and Ainslie; and as, apart from the testimony to be borne by Brown, there was no direct evidence of the commission of the crime available, it was decided to accept Ainslie as King’s evidence, and proceed only against Brodie and Smith upon the charge of breaking into and robbing the General Excise Office for Scotland. Accordingly, on 19th July, an indictment was served upon them, the trial being fixed to take place on 4th August. Owing, however, to some additional evidence having come to the knowledge of the Public Prosecutor, on 11th August, a new indictment had to be served, and the trial postponed until the 27th of that month.

Meanwhile, on 28th July, His Majesty’s most gracious pardon had been obtained for John Brown _alias_ Humphry Moore, which, in law, rendered that miscreant, as a witness, “habile and testable,” notwithstanding the baseness of his character and his infamous record.

Deacon Brodie had, since his apprehension, been kept in close confinement in the Tolbooth. He was carefully watched day and night by two soldiers of the City Guard, and was not allowed either knife or fork with which to eat his victuals in case of dangerous consequences. On account of this inconvenient restriction, the Deacon, shortly before his trial, addressed the following remonstrance to a brother member of the Town Council and one of the magistrates of the city:--

“Edinburgh, 17th August, 1788.

“Dear Sir,

“The nails of my toes and fingers are not quite so long as Nebuchadnezzar’s are said to have been, although long enough for a Mandarine, and much longer than I find convenient. I have tried several experiments to remove this evil without effect, which no doubt you’ll think says little for your Ward’s ingenuity; and I have the mortification to perceive the evil daily increasing.

“Dear Sir, as I intend seeing company abroad in a few days, I beg as soon as convenient you’ll take this matter under consideration, and only, if necessary, consult my Guardian and Tutor _sine qua non_; and I doubt not but you’ll devise some safe and easy method of operation that may give me a temporary relief. Perhaps the faculty may prescribe a more radical cure.

“Dear Sir, if not disagreeable to you, I’ll be happy to see you. You’ll be sure to find me at home, and all hours are equally convenient.

“Believe me to be, with great esteem, “Your most affectionate Ward, and very humble servant, “WILL. BRODIE.

“To Don. Smith Esq. “Edinburgh.”

This curious instance of a sense of humour retained in the most unfavourable circumstances throws an interesting sidelight on the Deacon’s character.

On the Friday before the trial Smith, who appears to have abandoned all hope of an acquittal, wrote a letter to the Board of Excise, saying “that he was not to give them any trouble, for he would plead Guilty.” He also prepared a written statement, which it was his intention to have read to the Court, but he was dissuaded from this course by his agent, Mr. Morrison, and finally decided to take his chance and plead not guilty. In this remarkable document--a copy of which is contained in the Appendix--Smith gives, _inter alia_, the following list of “such robberies as my accomplices and myself had determined to commit, had we not been timeously prevented:--

“1. On Dalgleish & Dickie, watchmakers.

2. On White & 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 & Co.’s, jewellers.

7. Gilchrist & 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.”

This comprehensive catalogue of the gang’s prospective arrangements was, doubtless, perused with much interest by the intended victims, and the rich baker must have congratulated himself on escaping the attention of his respectable neighbour. The only one of these contemplated robberies, towards the accomplishment of which any steps would seem to have been taken, was that of the office of the City Chamberlain. We read in Smith’s third declaration that “a false key was made by Brodie for the purpose of opening the door of the Chamberlain’s cash-room of the city of Edinburgh; 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”--which was fortunate for the City Chamberlain. But the laudable intention which Smith, since his apprehension, had evinced “of making a clean breast” was not destined to gain for him any temporal advantage.

The public interest in the approaching trial was intense, both on account of the magnitude of the late robberies and the prominent position which Deacon Brodie had so long occupied in Edinburgh. His escape and capture had further whetted the popular excitement, and at an early hour on the morning of Wednesday, 27th August, 1788, every part of the Justiciary Court was crowded to its utmost capacity. A detachment of the 7th Regiment of Foot from the Castle lined the Parliament Square for the purpose of securing an easy access for the members of the Court and jurymen, and to prevent any confusion that might arise from the great crowd assembled at the doors.