On 1st June, 1782, Convener Francis Brodie “died of the Pals

_Notable Scottish Trials_

Deacon Brodie

PRINTED BY

WILLIAM HODGE AND COMPANY

GLASGOW AND EDINBURGH

1906

[Illustration: The first meeting of Deacon Brodie and George Smith.

(_After Kay._)]

Trial of

Deacon Brodie

EDITED BY

William Roughead

Writer to the Signet

[Illustration]

GLASGOW AND EDINBURGH

WILLIAM HODGE & COMPANY

TO

THE HONOURABLE LORD DUNDAS

THIS VOLUME

IS

BY KIND PERMISSION

RESPECTFULLY DEDICATED

BY

THE EDITOR

PREFATORY NOTE.

The following report of this interesting trial is prepared from the

original record, with additional particulars from contemporary sources.

No connected account of the life of William Brodie having hitherto been

attempted, the Editor has endeavoured to give in the introduction as

complete a view as is now possible of his remarkable career.

To Sheriff Moffatt, Lanark, and Mr. William Brown and Mr. John A.

Fairley, Edinburgh, the Editor is under obligation for the use of MSS.,

books, and prints in connection with the subject. His thanks are also

due to Dr. Joseph Anderson, Keeper of the Scottish National Museum of

Antiquities, who has allowed him to photograph Deacon Brodie’s lantern

and keys and to make excerpts from the records of the Cape Club. For

permission to publish for the first time facsimiles of Brodie’s letter

to the Duchess of Buccleuch and the MS. register in his Family Bible,

the Editor is respectively indebted to the courtesy of Mr. Alexander

Anderson, Librarian of the Edinburgh University Library, and the Plans

and Works Committee of Edinburgh Town Council.

Mr. Bruce J. Home has not only kindly permitted the reproduction of two

drawings from his well-known work, “Old Houses in Edinburgh,” but has

made a drawing of the old Excise Office, Chessel’s Court, expressly for

the present volume.

W. R.

EDINBURGH, _November, 1906_.

CONTENTS.

PAGE

Introduction, 9

The Trial--

FIRST DAY--WEDNESDAY, 27TH AUGUST, 1788.

Indictment, 72

List of Witnesses for Prosecution, 74

List of Assize, 75

List of Witnesses for Defence, 76

Interlocutor on the relevancy, 78

List of the Jury, 79

Objection to specification of Crown productions, 80

Objection repelled, 87

_Evidence for Prosecution._

1. William Scott, 87

2. Joseph Mack, 88

3. Thomas Longlands, 89

4. John Geddes, 90

5. Margaret Tweddle or Geddes, 94

6. Robert Smith, 94

7. James Laing, 95

8. John Macleish, 95

9. John Duncan, 96

10. William Mackay, 96

11. Alexander Thomson, 97

12. Laurence Dundas, 98

13. Janet Baxter, 98

14. James Bonar, 99

15. Isobel Wilson, 99

16. John Kinnear, 99

17. Grahame Campbell, 100

18. Mary Hubbart or Hubburt called, 101

Debate as to the admissibility of Hubbart, 101

Objection that she is the wife of Smith repelled, 104

Witness withdrawn owing to misnomer, 106

19. Daniel Maclean, 106

20. John Clerk, 106

21. David Robertson, 107

22. William Middleton, 107

23. Alexander Williamson, 108

24. James Murray, 109

25. George Williamson, 109

26. Andrew Ainslie called, 111

Debate as to the admissibility of Ainslie, 111

Objection to Witness repelled, 115

Ainslie’s evidence, 115

Objection to production of Five-pound Note, 119

Objection sustained, 121

27. John Brown, _alias_ Humphry Moore, called, 122

Debate as to the admissibility of Brown, 122

Objection to Witness repelled, 132

Brown’s evidence, 132

Declarations of George Smith, 138

Declaration of William Brodie, 149

Letter, William Brodie to Matthew Sheriff, 150

Two Letters, William Brodie to Michael Henderson, 152

Copy Letter or Unsigned Scroll, No. I., 154

Copy Letter or Unsigned Scroll, No. II., 156

Account or State of William Brodie’s affairs, 158

Letter, Lee, Strachan & Co., to Emmanuel Walker & Co., 159

_Evidence for Defence._

1. Matthew Sheriff, 160

2. Jean Watt, 161

3. Peggy Giles, 162

4. Helen Alison or Wallace, 163

5. James Murray, 164

6. James Laing, 164

7. Robert Smith, 164

The Lord Advocate’s Address to the Jury, 165

Mr. John Clerk’s Address to the Jury, 174

The Dean of Faculty’s Address to the Jury, 181

The Lord Justice-Clerk’s Charge to the Jury, 197

SECOND DAY--THURSDAY, 28TH AUGUST, 1788.

Verdict of the Jury, 201

Plea in Arrest of Judgment, 202

Plea repelled, 208

Address to the Prisoners and Sentence, 209

APPENDICES.

I. Notes on the Trial of Deacon Brodie, 211

II. A brief Account of the Judges and Counsel engaged on the Trial

of Deacon Brodie, 217

III. A List of Publications on the Subject of or having Reference to

the Trial of Deacon Brodie, 232

IV. The Brodie Family Bible, 238

V. Excerpts from the Records of the Cape Club, 243

VI. Excerpts from the Guild Registers of the Burgh of Edinburgh, 245

VII. Excerpts from the Records of the Edinburgh Town Council, 246

VIII. Advertisements relating to certain of the Robberies committed by

Deacon Brodie, 251

IX. Narrative of the Facts respecting the Robbery of Bruces’ shop, 257

X. State of the Process at the instance of John Hamilton, 262

XI. An Account of Mr. Brodie’s being seized at Amsterdam, 264

XII. The Journal of Mr. Groves, 265

XIII. Copies of Two Autograph Letters of Deacon Brodie, 268

XIV. Speech which George Smith intended to have made at his Trial, 270

XV. An Account of the Execution of the Prisoners, 272

XVI. The Old Excise Office, 277

XVII. An Account of the Proceedings against John Brown, _alias_

Humphry Moore, at the Old Bailey, in April, 1784, 278

LIST OF ILLUSTRATIONS.

The first meeting of Deacon Brodie and George Smith, _Frontispiece_

Foot of Brodie’s Close, Cowgate, _facing page_ 12

Cock-fighting Match between the Counties of Lanark and

Haddington in 1785, 15

Head of Brodie’s Close, Lawnmarket, 25

The Old Excise Office, Chessel’s Court, Canongate, 31

Deacon Brodie’s Dark Lanthorn and False Keys, 43

George Williamson, King’s Messenger for Scotland, 50

George Smith at the Bar, 55

The Old Tolbooth of Edinburgh, 62

Deacon Brodie, 66

The Solicitor-General (Robert Dundas), 81

Lord Hailes, 105

Lord Eskgrove, 113

Lord Stonefield, 130

Charles Hay (afterwards Lord Newton), 160

The Lord Advocate (Ilay Campbell), 165

John Clerk (afterwards Lord Eldin), 174

The Dean of Faculty (Hon. Henry Erskine), 181

The Lord Justice-Clerk (Lord Braxfield), 197

Facsimile of first page of MS. Register in the Brodie Family

Bible, 238

Facsimile of Deacon Brodie’s Letter to the Duchess of

Buccleuch, 269

DEACON BRODIE.

INTRODUCTION.

Few cities have preserved more faithfully than Edinburgh the traditions

of former days, and none is richer in the material of romance.

Throughout the length of the Royal mile extending from Holyrood to the

Castle Hill, each tortuous wynd and narrow close owns its peculiar

association, each obscure court and towering “land” has contributed, if

but by a footnote, to the volume of the city’s history. And where these

visible memorials have perished beneath the slow assault of time, or

succumbed to the more lethal methods of modern improvement, the legends

which they embodied survive their dissolution and serve in turn to

perpetuate their fame.

Of the many memories that haunt the lover of old Edinburgh, wandering

to-day among the vestiges of her romantic and insanitary past, perhaps

the most curious is that of William Brodie, Deacon of the Wrights and

doyen of the double life; by day “a considerable house carpenter” and

member of the Town Council; by night a housebreaker and the companion of

thieves.

It is nearly a hundred and twenty years since Deacon Brodie played out

his twofold part at the west end of the Luckenbooths one grey October

afternoon in 1788; but the close in the Lawnmarket which bears his name

remains to this day. Here he was born and lived, man and boy, robber and

decent burgess, for many reputable years; here his old father passed

away, happy in the possession of so excellent a son; and from hence did

the son essay that “last fatal” adventure, the issue of which was, for

him, discovery and the scaffold.

The house itself has long since vanished--a victim to the indiscriminate

destruction which has swept away so much else worthy of preservation.

You can no longer see the heavy oaken door with the cunning lock of the

Deacon’s own contriving, and the turnpike stair down which, with mask

and lantern, he so often stole at midnight upon his secret and criminous

affairs. But if you follow him in fancy down the High Street and past

the Nether Bow, to where a gloomy “pend” leads into Chessel’s Court, you

will find the tall front of the old Excise Office still rising within

its “palisadoes,” behind which lurked the trembling Ainslie; and if it

be about the dusk of the evening, and your imagination is informed with

the spirit of the place, you may even see the man rush wildly forth from

the doorway up the court, and hear, in the succeeding silence, the three

blasts of an ivory whistle.

* * * * *

The trial of Deacon Brodie has many claims upon the attention of a later

age. It is of value to the antiquarian for the vivid picture it presents

of the manners and customs of our forbears at a time when the life of

Edinburgh yet flowed in the ancient arteries of the old city on the

ridge, although beginning to circulate more freely in the spacious

thoroughfares of the New Town already invading the fields across the

valley. To the lawyer it is notable as affording a singularly graphic

view of the old-time practice of our criminal Courts, as well as for the

galaxy of legal talent engaged upon its conduct--with such men as

Braxfield on the bench and Henry Erskine and John Clerk at the bar the

proceedings could lack neither picturesqueness nor importance. The

psychologic interest of the chief actor’s character and the dramatic

elements in which his career abounds make a more general appeal; and so

long as human nature remains the same will the story of the Deacon’s

downfall be accorded an indulgent hearing.

That story had for Robert Louis Stevenson a strong attraction. As early

as 1864 he prepared the draft of a play founded upon it, which--after

being at various times re-cast--finally took shape in the melodrama,

“Deacon Brodie, or the Double Life,” written in collaboration with the

late W. E. Henley, and published in 1892. It may even be that the

conception of “Dr. Jekyll and Mr. Hyde” was suggested to Stevenson by

his study of the dual nature so strikingly exemplified in his earlier

hero; while in other of his writings he has touched the Deacon with a

felicitous and kindly hand.

Introduction.

The birth of Deacon Brodie is thus recorded in the Register of Births

for the city of Edinburgh--

“Monday, 28th September, 1741. To Francis Brodie, wright, burgess,

and Cecil Grant, his spouse, a son named William.

Witnesses--William Grant, writer in Edinburgh, and Ludovick Brodie,

Writer to the Signet. Born the same day.”

It is an inexplicable circumstance, although by no means uncommon, that

so goodly a family tree as that of the Brodies should, in due course of

nature, bear such degenerate fruit as the subject of this entry was

destined to prove. His great-grandfather, Francis Brodie of Milnton,

Elginshire, was a member of a family well known in the North of

Scotland, and his grandfather, Ludovick Brodie of Whytfield, was a much

respected Writer to the Signet in Edinburgh, who, on his death in 1758,

was the oldest member of the Society. His father, Francis Brodie, was

born in 1708, and in 1740 married Cecil, daughter of William Grant,

writer in Edinburgh, with whose family he was already connected. Both

the Deacon’s grandfathers, therefore, were members of the legal

profession.

There will be found in the Appendix a copy of a MS. Register of Births

and Deaths kept by Francis Brodie in his family Bible, together with

some account of that interesting volume, from which it appears that

William was the eldest of eleven children, most of whom died in infancy.

The entry relating to his birth has been cut out of the Register,

presumably on his public disgrace some forty-seven years later.

Francis Brodie was a substantial wright and cabinetmaker in the

Lawnmarket of Edinburgh, where he carried on an extensive and prosperous

business. In 1735 he was made a Burgess, and in 1763, a Guild Brother of

his native burgh. That he stood high in the estimation of his

fellow-craftsmen is evidenced by his being, in 1775 and 1776, elected a

member of the Town Council as Deacon of the Incorporation of Wrights,

and again in 1779 and 1780, in the same capacity; while in 1776 he also

represented the Incorporated Trades of the city as their Deacon

Convener. A further proof of the position and circumstances of the

family is to be found in the fact that the close in which their house

was situated became known by their name.

This mansion, the most important in the close, was originally the town

residence of the Littles of Craigmillar, having been built by William

Little, a magistrate of Edinburgh, in 1570, whose brother, Clement

Little, was the founder of the University Library. In the earlier titles

of the property the close bears the name of its old residenters; but in

Edgar’s map of 1742 it appears as Lord Cullen’s Close, from the eminent

judge, Sir Francis Grant of Cullen, who in turn resided there. Brodie’s

Close was formerly a “throwgang” or thoroughfare passing from the

Lawnmarket to the Cowgate, the upper portion of which alone has escaped

the “improvements” that have so effectively changed the features of this

part of the Old Town. The area occupied by the Deacon’s dwelling is now

covered by Victoria Terrace, the building having been demolished about

1835, when the principal carved stones of the mansion were transported

by Clement Little’s descendants, in whose possession the property

remained, to the garden of the family seat, Inch House, near Liberton,

as relics of the habitation of their ancestors. The lower extremity of

the close, in which were situated the Deacon’s workshops and woodyard,

survived until a later date, the last traces of it disappearing to make

way for the foundations of the Free Library.

In the fine old tenement at the head of the close--often erroneously

described as Brodie’s residence--is still to be seen the decorated hall

of the Roman Eagle Lodge, a famous Masonic society of the eighteenth

century, immediately beyond which, on the east side of an open court,

stood the Deacon’s house. It is thus described by Chambers in his

“Traditions of Edinburgh” as it existed in 1825--“Brodie’s house is to

be found in its original state, first door up a turnpike stair in the

south-east corner of a small court near the foot of the close. The outer

door is remarkable for its curious, elaborate workmanship. The house is

well built, and the rooms exhibit some decorations of taste. The

principal apartment, of which the ceiling is remarkably high, contains a

large panel painting of the ‘Adoration of the Wise Men,’ and has an

uncommonly large arched window to the west.” What became of this

painting, which was attributed to Alexander Runciman, is now unknown.

Of the early years of William Brodie we have, unfortunately, no record,

but it may be assumed that he received an education suitable for the son

of a well-to-do burgess. He was apprenticed

[Illustration: Foot of Brodie’s Close, Cowgate.

(From a Drawing by Bruce J. Home.)]

to his father’s trade, and in due time became associated with him in his

thriving business. In those days no self-denying ordinance obtained in

the Town Council, and Francis Brodie’s municipal connection secured for

him and his son the most of the city work. The young man had the ball at

his foot, as the saying goes, and only good behaviour and application to

business were required for the attainment of an assured position.

Unhappily for himself, however, he soon exhibited that taste for

dissipation which ultimately led to such dire results; and while his

days were occupied in following his respectable employment, in which he

speedily obtained proficiency, his nights were largely devoted to

gambling and kindred pursuits.

The social customs of the time were not conducive to steadiness and

sobriety among the youthful citizens. It was the Edinburgh of Humphrey

Clinker and of Topham’s Letters; the “Auld Reikie” of Fergusson’s

convivial muse--

Auld Reikie! wale o’ ilka town

That Scotland kens beneath the moon;

Whare couthy chiels at e’ening meet

Their bizzing craigs and mou’s to weet:

And blythly gar auld Care gae bye

Wi’ blinkit and wi’ bleering eye.

The early hours of the evening were at that period universally spent by

Edinburgh tradesmen in one or other of the innumerable taverns of the

old town. So soon as the business of the day was over, as Fergusson

tells us--

When auld Saunt Giles, at aught o’clock,

Gars merchant louns their shopies lock,

There we adjourn wi’ hearty fock

To birle our bodies,

And get wharewi’ to crack our joke,

And clear our noddles.

“All the shops in the town,” says Chambers, “were then shut at eight

o’clock, and from that hour until ten--when the drum of the Town Guard

announced at once a sort of licence for the deluging of the streets with

nuisances, and a warning of the inhabitants home to their

beds--unrestrained scope was given to the delights of the table.” At the

latter hour the more reputable roysterers sought their homes; but it was

then that the clubs, which formed so prominent a feature of the old city

life, began the business of the evening. Fergusson, who has given us in

his incomparable “Auld Reikie” a glowing picture of the Edinburgh of his

day, thus alludes to the subject--

Now Night, that’s cunzied chief for fun,

Is wi’ her usual rites begun;

Thro’ ilka gate the torches blaze,

And globes send out their blinking rays.

Now some to porter, some to punch,

Some to their wife, and some their wench,

Retire, while noisy ten-hours drum

Gars a’ your trades gae dandring home.

Now mony a club, jocose and free,

Gi’e a’ to merriment and glee;

Wi’ sang and glass, they fley the pow’r

O’ care that wad harass the hour.

But chief, O Cape! we crave thy aid,

To get our cares and poortith laid:

Sincerity, and genius true,

Of Knights have ever been the due:

Mirth, music, porter deepest dy’d,

Are never here to worth deny’d;

And health, o’ happiness the queen,

Blinks bonny, wi’ her smile serene.

Of this, the most famous of the Edinburgh social clubs, Brodie was

admitted a member on 25th February, 1775. The Cape Club usually held its

festivals in James Mann’s tavern, facetiously known as “The Isle of Man

Arms,” situated in Craig’s Close. The roll of the Knights Companions of

the Cape contains many celebrated names, including those of David Herd,

the antiquarian; Robert Fergusson, the poet; Alexander Runciman, the

painter; and Sir Henry Raeburn--William Brodie’s election occurring four

months after Fergusson’s death. Each member was required to assume some

fanciful title, Brodie taking that of “Sir Lluyd.” On the margin of the

roll prefixed to the minute-book an ingenious member has drawn a

representation of his last public appearance on the new drop, some

thirteen years later. The insignia of the Sovereign of the Cape are in

the possession of the Society of Antiquaries, together with the club

records, excerpts from which relating to Deacon Brodie will be found in

the Appendix.

Had young Brodie been satisfied with the legitimate and very ample

convivialities afforded by the Cape Club it would have been better for

himself. But he became a frequenter of a disreputable tavern kept by

James Clark, vintner, at the head of the Fleshmarket Close, where

gambling by means of

[Illustration: Cock-fighting Match between the Counties of Lanark and

Haddington in 1785, at which Deacon Brodie was present.

(_After Kay._)]

dice was nightly practised in a select company of sharpers and their

dupes. It is probable that this house still survives in the truncated

portion of the close remaining between the High Street and Cockburn

Street. He also developed, among other “gentlemanly vices,” a passion

for cock-fighting, at that time a fashionable recreation among the young

bloods of the capital, and was a regular attender at the _mains_ held in

the cock-pit belonging to Michael Henderson, stabler in the

Grass-market, of whom we shall hear further in the sequel. Brodie, who

is said to have lost large sums in betting on his favourite sport, was

present, among other “eminent cockers,” at the historic match between

the counties of Lanark and Haddington, of which an account is given in

“Kay’s Portraits.” In allusion to this contest, Kay observes--“It cannot

but appear surprising that noblemen and gentlemen, who upon any other

occasion will hardly show the smallest degree of condescension to their

inferiors, will, in the prosecution of this barbarous amusement, demean

themselves so far as to associate with the very lowest characters in

society.” Brodie himself kept game-cocks in a pen in his woodyard, and

retained to the last his attachment to the “art of cocking.” Between his

bets at the cock-pits and his gambling at Clark’s, the young man must

have got rid of a good deal of money; and it is believed that he had

already begun to supplement his income by the nefarious means which

later he certainly employed.

One night in August, 1768, the counting-house of Johnston & Smith,

bankers in the Exchange, was entered by means of a false key, and

upwards of £800 in bank notes carried off. Two nights afterwards £225 of

the money was found, wrapped in paper, at the door of the Council

Chamber; but the balance was never recovered, and no clue to the

delinquent could be obtained. The discovery, many years afterwards, of

Deacon Brodie’s exploits induced a strong suspicion that he was

concerned in the affair. It was then recollected that, prior to the

robbery, the Deacon had been employed in making various repairs on the

premises, and had frequent occasion to be in the bank. The key of the

outer door, from which it was ascertained he had taken an impression in

putty, usually hung in the passage, a custom of which the Deacon, as we

shall find, often afterwards took unscrupulous advantage.

At this time, however, no one dreamt of suspecting Brodie, whose secret

dissipations were known only to his disreputable associates. Outwardly

he was following worthily in his father’s footsteps, and, on 9th

February, 1763, was, like him, made a Burgess and Guild Brother of

Edinburgh. In September, 1781, he also became a member of the Town

Council as Deacon of the Incorporation of Wrights, and his connection

with the Council continued from that date till the year before his

apprehension, as follows:--Deacon of the Wrights in 1782 and 1783;

Trades Councillor in 1784, and, again, Deacon of the Wrights in 1786 and

1787. In 1785 he was not a member of the Town Council. Robert Fergusson,

in his poem, “The Election,” has, with his usual felicity, portrayed the

humours of an Edinburgh municipal election according to the old mode,

when--

... Deacons at the counsel stent

To get themsel’s presentit:

For towmonths twa their saul is lent,

For the town’s gude indentit.

The minute of Deacon Brodie’s last election, on 20th September, 1786,

will be found in the Appendix, together with other excerpts from the

Council records, bearing upon his official life.

In the new Deacon’s first year of office occurred the political contest

between Sir Laurence Dundas, who had represented the city in Parliament

from 1760 to 1780, and William Miller, afterwards Lord Glenlee. The Town

Council was divided into two hostile camps, and extraordinary efforts

were made by each party to secure the return of its own candidate. Both

claimed to have been duly elected member for Edinburgh; but, as the

result of a parliamentary inquiry, Sir Laurence retained the seat.

Deacon Brodie made a conspicuous figure in this election by keeping back

his promise to vote for either party, in consequence of which he became

a man of great moment to both the candidates, because upon his vote the

election turned.

* * * * *

On 1st June, 1782, Convener Francis Brodie “died of the Palsy att his

own house in Edinburgh, att 5 o’clock afternoon, in the 74th year of his

age”; and William, his son, reigned in his stead. We read in the

_Annual Register_ for 1788--“However extraordinary it may appear, it is

a certain fact that Mr. Brodie at the death of his father, which

happened about six years ago, inherited a considerable estate in houses

in the city of Edinburgh, together with £10,000 in specie; but by an

unhappy connection and a too great propensity to that destructive,

though too predominant passion, gaming, he is reduced to his present

deplorable situation.” That the Deacon owned some heritable property

other than the family mansion in Brodie’s Close, appears from a

statement by the author of “Kay’s Portraits” (1877, vol. I., pp. 141-2).

It is there said that a house in Gourlay’s Land, Old Bank Close, was

purchased from the trustee for the Deacon’s creditors in 1789 by William

Martin, bookseller and auctioneer in Edinburgh, who subsequently sold

the property to the Bank of Scotland in 1793. From the state of affairs,

which he prepared at a later date as aftermentioned, it is evident that

Brodie owned, in addition to this property, three other tenements,

respectively situated in Horse Wynd, at the Nether Bow, and in World’s

End Close. We also find from the Council records that, in 1785, he was

speculating in the building lots of the New Town.

The “unhappy connection” above mentioned refers to the Deacon’s two

mistresses, Anne Grant and Jean Watt. Anne Grant resided in Cant’s

Close, and her relations with William Brodie must have been long

continued, for she had borne three children to him, the eldest, Cecil,

being a girl of twelve at the time of his trial. To Anne Grant he

addressed one of the letters written after his escape from Scotland, by

which, as will be seen, he was traced and brought to justice. Jean Watt,

by whom he had two boys, lived in Libberton’s Wynd, close to his own

house, and was the principal witness to the _alibi_ attempted to be set

up for him at his trial. Each of these women was presumably ignorant of

the other’s existence, and the Deacon’s connection with both appears to

have been unknown to his family and friends. After his father’s death

his sister, Jean Brodie, presided over his household; his other sister,

Jacobina, to whom he refers in his letters as “Jamie,” having married

Matthew Sheriff, an upholsterer in Edinburgh.

It seems incredible, regard being had to the confined and crowded stage

on which the old city life was played, that Deacon Brodie’s protracted

peccadilloes escaped the notice of those “stairhead critics,” who,

Fergusson tells us--

Wi’ glowring eye,

Their neighbours’ sma’est faults descry.

But, if the facts were generally known, the estimable reputation which

he nevertheless enjoyed is characteristic of the social conventions of

his day.

Had it not been for the Deacon’s unhappy propensity for gambling and

dissipation, his circumstances at this time should have been highly

satisfactory. During his term of office he was regularly employed by his

fellow-Councillors to execute wrightwork in connection with the

town--his accounts for the year 1782-3, for instance, amounting to

upwards of £600. In addition to the city work, his social and official

position had secured for him the best cabinetmaking business in

Edinburgh; but, notwithstanding these advantages, he was frequently at a

loss for money.

Deacon Brodie was already, in Stevenson’s striking phrase, “a man

harassed below a mountain of duplicity,” and to one so circumstanced it

is not surprising that the idea occurred of putting his professional

opportunities to an unlawful use. He knew the locks and bolts of all the

houses of his customers; was familiar with their internal arrangements

and the habits of the owners; and could, without incurring remark,

exhibit in such matters a professional interest in the houses of his

friends and acquaintances. No doubt he was sometimes consulted, at a

later stage, as to the best means of defence against his own infraction.

He was shortly, as we shall see, to become the leader of a gang of

robbers, whose mysterious depredations, under his skilful conduct, were,

during eighteen months, to baffle the authorities and strike terror to

the hearts of wealthy burgesses; but at the outset of his career of

crime the Deacon worked alone.

“Many a citizen,” says Stevenson, “was proud to welcome the Deacon to

supper, and dismissed him with regret at a timeous hour, who would have

been vastly disconcerted had he known how soon, and in what guise, his

visitor returned. Many stories are told of this redoubtable Edinburgh

burglar, but the one I have in my mind most vividly gives the key of all

the rest. A friend of Brodie’s, nesting some way towards heaven in one

of these great ‘lands,’ had told him of a projected visit to the

country, and afterwards, detained by some affairs, put it off and stayed

the night in town. The good man had lain some time awake; it was far on

in the small hours by the Tron bell; when suddenly there came a creak, a

jar, a faint light. Softly he clambered out of bed and up to a false

window which looked upon another room, and there, by the glimmer of a

thieves’ lantern, was his good friend the Deacon in a mask.”

Another story, illustrative of the methods of this pioneer of amateur

cracksmen, is as follows:--One Sunday an old lady, precluded by

indisposition from attending the kirk, was quietly reading her Bible at

home. She was alone in the house--her servant having gone to

church--when she was startled by the apparition of a man, with a crape

over his face, in the room where she was sitting. The stranger quietly

lifted the keys which were lying on the table beside her, opened her

bureau, from which he took out a large sum of money, and then, having

locked it and replaced the keys upon the table, retired with a

respectful bow. The old lady, meanwhile, had looked on in speechless

amazement, but no sooner was she left alone than she exclaimed, “Surely

that was Deacon Brodie!”--which subsequent events proved to be the fact.

On both of these occasions it is to be noted that, although the Deacon

was recognised, no action was taken by his victims. In the first

instance the man hesitated to denounce his friend; in the second the old

lady preferred to doubt the evidence of her senses--a striking proof of

the advantages conferred by a respectable reputation.

Apart altogether from the question of gain, it is probable that Deacon

Brodie, in adopting these criminal courses, was influenced by the

dramatic possibilities of his new part. The minor duplicities which

hitherto he had so successfully practised would thus be capable of

development upon a larger stage; and, to one of his peculiar

temperament, the prospect doubtless afforded fascinating opportunities

for deception. To rob a friend’s house of an evening, and in the morning

condole with him upon his loss; to carry through some daring burglary

overnight, and gravely deliberate next day in the Council Chamber as to

offering a reward for discovery of the perpetrator--these were

situations after the Deacon’s heart.

Throughout the whole course of the robberies which we are about to

consider, it is to be kept in view that Deacon Brodie retained the

respect and esteem of his fellow-citizens--for his reputation among the

associates of his secret life is immaterial; daily pursued his lawful

avocations; and regularly attended the meetings of the Council, taking

his share in the conduct of the town’s affairs. And so masterly was his

performance of this dual _rôle_ that no suspicion of the Deacon’s

integrity was aroused, until the failure of the “last fatal” business of

the Excise Office and the treachery of an accomplice shattered, at once

and for ever, the elaborate fabric of his deceit.

We can form a vivid impression of the appearance of Deacon Brodie about

this time from the description of him which was circulated some two

years later. From this it appears that he was a small man--“about 5 feet

4 inches”--of a slender build, and looking younger than his age. He had

“dark brown, full eyes, with large black eyebrows, and a cast with his

eye that gave him somewhat the look of a Jew,” a sallow complexion, and

a peculiar manner of speaking, “which he did full and slow.” From the

minute details of his dress and toilet it is evident that the Deacon was

something of a dandy, or, in the language of the day, “a macaroni.” He

had also “a particular air in his walk, and moved in a proud, swaggering

sort of style,” while the advertisement includes such particulars as the

size of his ankles and the turn of his calves. We shall afterwards find

that this very candid portrait was not appreciated by its original.

* * * * *

About the month of July, 1786, there arrived in Edinburgh a man who was

to exercise a powerful influence for evil upon the Deacon’s fortunes.

This was George Smith, a native of Boxford, near Newburgh, in Berkshire,

who was travelling the country as a hawker with a horse and cart. He was

a stranger to Edinburgh, and put up at Michael Henderson’s house in the

Grassmarket, having heard it mentioned on the road as a traveller’s inn.

Soon after his arrival he fell sick, and, his illness lasting for some

four months, he was reduced to selling his goods, and finally his

horse, in order to support himself and his wife, for whom he had

meanwhile sent into England to join him. Among the frequenters of

Michael Henderson’s tavern were two men, Andrew Ainslie and John Brown

_alias_ Humphry Moore, of whom, prior to their doings in connection with

the robbing of the Excise Office, but little is known. Ainslie is

designed in the Crown list of witnesses as “sometime shoemaker in

Edinburgh,” but his attention to his professional practice was less

marked than his addiction to dicing and the company of cheats.

Brown--like Smith, an Englishman--was a noted sharper, and had been

convicted of theft at the Old Bailey in April, 1784, and sentenced to

transportation beyond the seas for a term of seven years. He had,

however, contrived to escape from justice, and was then lurking in

Edinburgh, ready for any villainy that might prove remunerative.

With these two agreeable acquaintances Smith beguiled the tedium of

convalescence in various games of hazard, in which, owing to the skill

of the players, but little was left to the blindness of Fortune; and at

this time he first made the acquaintance of Deacon Brodie, who, in

connection with his cock-fighting proclivities, had long been a patron

of the house. It is probable that, at this juncture, the Deacon’s

resources were at a low ebb. Notwithstanding the income he derived from

his varied interests and pursuits, his passion for gambling was a

constant drain upon his purse, and the expense of maintaining no less

than three establishments at once must also have been considerable,

while the success of his earlier robberies doubtless induced him to

extend his future operations by the assumption of a partner.

Be that as it may, we have it from Smith’s second declaration that

Brodie, early in the intimacy which, in spite of the disparity in their

social positions, speedily sprang up between them, suggested to him in

the course of conversation “that several things could be done in this

place, if prudently managed, to great advantage, and proposed that they

should lay their heads together for that purpose.” Smith is said to have

been at one period of his career a locksmith in Birmingham, and his

abilities in this direction may have first led the Deacon to select him

as an accomplice. From the readiness with which Smith embraced this

proposition we may assume that his past record was not so blameless as

he would have us believe.

In the following account of the burglaries (other than that of the

Excise Office) committed by Deacon Brodie and his associates, the

details are given from the various statements made by Smith, and, so far

as possible, in his own words; but there is good reason for believing

that these by no means disclose the full extent of the depredations for

which the gang was responsible.

When the invalid was sufficiently recovered, the new friends, “in

consequence of this concert, were in use to go about together in order

to find out proper places where business could be done with success.” In

the course of these interesting excursions, Smith relates that one

evening in November, 1786, they visited a hardware shop in Bridge Street

belonging to Davidson M‘Kain, armed with false keys, an iron crow, and a

dark lantern. Having opened the outer door, Smith entered the shop, his

companion remaining outside to watch. Smith was inside for about

half-an-hour, and Brodie, becoming impatient, called out what made him

stay so long--was he taking an inventory of the shop? The result appears

to have been disappointing; but among the goods removed was a red

pocket-book, which Smith presented, as a token of gratitude, to “Michael

Henderson, stabler in Grassmarket, his daughter.”

About a fortnight later the two worthies again repaired to M‘Kain’s shop

with the view of making a more thorough clearance. The same methods were

adopted; but before Smith could get to work he was disturbed by

movements in a neighbouring room, and fled, shutting the shop door after

him. Brodie had already beaten a retreat. A little later, however, the

pair walked arm-in-arm down Bridge Street to reconnoitre the premises,

but, seeing a man on the watch, “and a guard soldier standing opposite

at the head of the stair which goes down to the Fleshmarket, they passed

along the bridge, and afterwards went to their several homes, as nothing

could be done further that night.” This, according to Smith, was their

first joint depredation; but there is reason to believe that a much more

important robbery, which was committed on 9th October, the previous

month--when a goldsmith’s shop near the Council Chambers was broken into

and many valuable articles carried off--was also the Deacon’s

handiwork.

An ostensible occupation had been found for Smith, and he was

established in a house in the Cowgate, where his wife and he kept a

small grocery shop. Brodie had now introduced his new friend to his own

favourite “howff”--Clark, the vintner’s at the head of the Fleshmarket

Close--where it was their habit to foregather nightly for the purpose of

gambling and discussing future opportunities for the exercise of their

felonious talents. Hither, also, came Ainslie and Brown, from the

lodging which they occupied together at the foot of Burnet’s Close, but

who were not yet admitted to share the others’ councils. On 8th

December, we read that “the shop of John Law, tobacconist in the

Enchange, was broken into, and a cannister containing between ten and

twelve pounds of money carried off.” This robbery, though not confessed

to by Smith, was probably committed by him and Brodie.

Stimulated to further efforts by the inadequate results of these

operations, the Deacon now proposed to Smith a more important

undertaking. He had recently been employed by the magistrates, in

consequence of the lowering of the streets, to alter the door of the

shop in Bridge Street belonging to Messrs. John & Andrew Bruce,

jewellers, there. This, he said, “would be a very proper shop for

breaking into,” as it contained valuable goods, and his familiarity with

the lock would make it an easy matter to effect an entrance. It was

accordingly agreed that they should meet at Clark’s on the evening of

Saturday, 24th December, for the purpose of carrying out the robbery.

Arriving there, they fell to playing hazard with other members of “the

club,” as it was called by the questionable characters who frequented

the house, and Smith, the luck being against him, soon lost all his

money. Brodie, on the other hand, was winning steadily, and refused to

leave, turning a deaf ear to his friend’s repeated reminders that

business should come before pleasure and their work awaited them. It was

nearly four in the morning when Smith decided to wait no longer, “as the

time for doing their business was going,” and started by himself upon

the exploit. The lock presented no difficulties, and, by the light of

his dark lantern, he was able to reap an excellent harvest. “Ten

watches, five of them gold, three silver, with the whole rings, lockets,

and other jewellery and gold trinkets in the show-boxes,” were all

stuffed into two old black stockings and carried by Smith to the

hospitable Mr. Henderson’s stable, where he hid them in a manger, and

was at last free to seek the shelter of his grocery establishment in the

Cowgate.

Smith was up betimes on the Sunday, and by eight o’clock was “tirling”

at the door in Brodie’s Close, to inform the Deacon of what he had

missed. The maid told him, however, that her master was still in bed, so

Smith left a message that he wanted to see him, and returned home. Later

in the day the Deacon called upon him, and Smith, having meantime

fetched the black stockings from the Grassmarket, poured out upon the

bed their glittering contents, remarking, “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”--which certainly seems handsome behaviour on Smith’s part,

although Brodie afterwards complained that he had been treated badly in

the matter. The Deacon accordingly selected for his own use a gold seal,

a gold watch-key set with garnet stones, and two gold rings. They valued

the whole articles at £350 sterling, and must have been good judges, for

that was the figure which the owners themselves subsequently put upon

the goods.

That same day they walked past Bruce’s shop several times to see if the

robbery had been discovered, but found everything as they had left it.

Delighted at the success of his coup, Smith boldly proposed returning

that night “in order,” as he said, “to sweep the shop clean,” but Brodie

dissuaded him from so hazardous an attempt. They then consulted as to

the safest means of disposing of the goods, with the result that, on the

following Wednesday, Smith set off with them on foot to Dunbar, and from

thence took the mail-coach to Chesterfield, where he parted with them to

one John Tasker _alias_ Murray--who had previously been banished from

Scotland--for £105. The Deacon had advanced five and a half guineas for

the expenses of the journey, and, on his return, Smith repaid this sum,

and entrusted Brodie with the balance to keep for him, and give him as

he required it; but Brodie “gained a great part of it at play.” The

Deacon, therefore, did not do so badly after all.

[Illustration: Head of Brodie’s Close, Lawnmarket.

(From a Drawing by Bruce J. Home.)]

It is interesting to note in passing that during this period--the winter

of 1786-7--Deacon Brodie had for an opposite neighbour no less a person

than Robert Burns. While the poet was sharing his friend Richmond’s

lodgings in Baxter’s Close, Lawnmarket, there also dwelt in the adjacent

Wardrop’s Court Alexander Nasmyth, the artist, whose portrait of Burns

was painted at this time. It is probable that the poet, the painter, and

the Deacon foregathered with other kindred spirits at Johnnie Dowie’s

tavern in Libberton’s Wynd, the recognised resort of the Edinburgh wits

of that day.

* * * * *

The partners seem to have rested satisfied with the substantial profits

of their last transaction for a considerable time, for the next robbery

of which we have any details was not carried out till 16th August, 1787.

In this, for the first time, they had the advantage of Ainslie’s

assistance, he being taken into their confidence for that end. The three

repaired to Leith, to the shop of John Carnegie, a grocer at the foot of

St. Andrew Street, which Ainslie and Smith entered by means of

pick-locks--Brodie remaining without to watch--and carried off “350

pounds of fine black tea,” at that period a very valuable haul. Two

wallets were filled from the chests in the shop, but “Ainslie being ill

at this time and Brodie being weakly,” they were forced to abandon one

of the wallets, which they hid in a shed in a field by the Bonnington

Road, where it was afterwards recovered. The Deacon objected to the

other wallet being taken to his house, and what became of it is not

known.

In their next undertaking the company was raised to its full strength by

the accession of John Brown _alias_ Humphry Moore, whose previous

experiences in England eminently qualified him to take an important part

in such criminal enterprises. Brown appears to have been spending the

autumn in Stirlingshire, but his visit was suddenly brought to a close

in September on his banishment from that county by the Justices of the

Peace for a theft committed by him within their jurisdiction. This was a

more boldly conceived robbery than the gang had yet attempted--no less

than the theft of the silver mace belonging to the University of

Edinburgh. The Deacon, in the course of those walks with Smith, in which

healthful exercise was combined with an eye to business, “carried” the

latter “to the College Library, where, having observed the mace

standing, Brodie said that they must have it.” Ainslie was accordingly

sent to see where the mace was usually kept, and reported that it was in

the Library, where the others had seen it. Accordingly, on the night of

29th October, 1787, the quartet proceeded to the University. “Having got

access at the under gate, they opened the under door leading to the

Library with a false key, which broke in the lock; and thereafter they

broke open the door of the Library with an iron crow, and carried away

the College mace.” The magistrates offered a reward of ten guineas for a

discovery of the thieves, but without success. The mace was forthwith

despatched to the accommodating Tasker, of Chesterfield, at the

appropriate address of the “Bird in Hand,” and the macer thereof knew it

no more.

Brown appears entitled to the credit of planning the next robbery, and

took a leading part in its execution. In those days the merchants of

Edinburgh usually resided above their business premises, and the key of

the shop was hung on the inside of the door--a habit highly appreciated

by the Deacon’s little band. Brown brought to Smith the key of a shop

belonging to one John Tapp, which, he said, also opened the door of that

gentleman’s house; and Smith, having cast a professional eye over same,

assured him “there was nothing in it.” Thereafter, one evening about

Christmas time, between nine and ten o’clock, Brown dropped in upon John

Tapp, whom he detained in his shop over a friendly and seasonable

bottle. His associates, meanwhile, opened the house door with a false

key and rifled the good man’s repositories, making off with “eighteen

guinea notes, and a twenty shilling one, a silver watch, some rings, and

a miniature picture of a gentleman belonging to Tapp’s wife, which

picture they broke for the sake of the gold with which it was backed.”

One wonders if Mrs. Tapp mentioned the loss to her husband. These

valuables accompanied the mace to Chesterfield, where John Tasker

_alias_ Murray seems to have driven a brisk, though illegitimate, trade,

along with a letter to him, written by Brown in Smith’s name, arranging

for their disposal.

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