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

[Illustration: George Williamson, King’s Messenger for Scotland.

(_After Kay._)]

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.

[Illustration: George Smith at the Bar.

(_After Kay._)]

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.

At a quarter to nine o’clock the prisoners were brought from the

Tolbooth into Court. “They were conveyed, upon their request, in chairs,

but each having a sentinel of the City Guard on the right and left, with

naked bayonets, and a sergeant’s guard behind, with muskets and fixed

bayonets.” A contemporary account informs us that “Mr. Brodie was

genteelly dressed in a new dark-blue coat, a fashionable fancy

waistcoat, black satin breeches, and white silk stockings, a cocked hat,

and had his hair fully dressed and powdered.” In contrast to the dashing

appearance cut by his companion, Smith, we are told, was “but poorly

clothed, having had no money since his confinement, which had already

lasted six months.” The Deacon affected an easy and confident demeanour;

Smith, on the contrary, looked timid and dejected.

At nine o’clock the five judges, preceded by a macer bearing the

Justiciary mace, and headed by the formidable Braxfield, took their

seats, “and, the Court being fenced and the action called in the usual

manner,” the trial then commenced. As a _verbatim_ report of the

proceedings is contained in the following pages, and some account of the

judges and counsel engaged therein will be found in the Appendix, it is

only necessary here briefly to comment upon the more salient incidents

which occurred in the course of the trial.

It is worthy of note that among those who served upon the jury were

William Creech, the celebrated Edinburgh publisher and man of letters,

and also Sir William Fettes, afterwards Lord Provost of Edinburgh, and

James Donaldson, the well-known printer and pioneer of cheap literature,

to whose munificence the city is indebted for the famous college and

palatial hospital which bear the names of their respective founders.

The interest of the Deacon’s friends had secured for him the services of

Henry Erskine, then Dean of Faculty, and the chief ornament of the Scots

bar, with whom were Alexander Wight, and Charles Hay, afterwards the

jovial Lord Newton; while Smith’s case was entrusted to the celebrated

John Clerk of Eldin, at that time an inconsiderable junior, and Robert

Hamilton, in later years the colleague of Sir Walter Scott. The Lord

Advocate (Ilay Campbell) and the Solicitor-General (Robert Dundas),

assisted by two Advocates-depute, conducted the prosecution.

Both prisoners pleaded not guilty; no objections were taken to the

relevancy of the indictment; and it was stated for Brodie that he

intended to prove an _alibi_. An objection taken by the Dean of Faculty

to the specification of certain of the articles libelled on having been

repelled, John Clerk attempted to make some observations on behalf of

Smith, which resulted in the first of those passages of arms between him

and Braxfield, whereby the dignified course of the proceedings was

frequently enlivened. Clerk had then been at the bar less than three

years; this was the most important case in which he had yet been

employed; and it is said to have been his first appearance in the

Justiciary Court. The remarkable and characteristic energy with which on

that occasion he conducted his client’s defence attracted the attention

of the profession, and laid the foundations of his subsequent reputation

and practice.

An interesting point of law arose in connection with the calling of

Smith’s wife as a witness for the prosecution against Brodie. Her

proposed evidence was vigorously objected to by Clerk on account of the

relation in which she stood to his client--both panels were included in

one indictment, and it was impossible to criminate the one without the

other. A sharp encounter with Braxfield ensued; but the Court admitted

the witness. When Mrs. Smith entered the box, however, Alexander Wight,

for Brodie, stated a fresh objection, viz., that the maiden name of the

witness was wrongly given in the Crown list as “Mary Hubbart,” whereas

her real name was “Hibbutt,” which, on her being requested by Braxfield

to sign her name, turned out to be the fact. In view of this misnomer

the objection was sustained and the witness dismissed.

Another legal point of interest arose when it was proposed to identify

the five-pound bank-note libelled on, the Dean of Faculty objecting that

it was not a “bank-note,” as described in the indictment, having been

issued by a private banking company in Glasgow. The Court sustained the

objection, holding that nothing was to be deemed a bank-note but one

issued from a bank established by Royal Charter.

The crucial question of the case, however, both for the prosecution and

the defence, was whether or not Ainslie and Brown should be admitted as

witnesses to prove the panels’ guilt. So far the proof of their

complicity in the robbery was mainly circumstantial. Although Smith, in

his second declaration, had confessed his accession to the crime, yet,

having pleaded not guilty, this was not in itself sufficient to convict

him; while as regards the Deacon, apart from the statements of Smith,

his guilt was only to be inferred from his flight and certain passages

in his letters. It was, therefore, of vital importance to the prisoners

that the direct evidence of their accomplices should be excluded, while

the Crown case equally depended for a verdict upon its admission.

To the determining of this question each side accordingly addressed its

strongest efforts, and the debate which followed will be found both

lively and instructive. The authority of Sir George Mackenzie was quoted

against the admission of the witnesses; but that venerable jurist was

somewhat severely handled. The principal objection to Ainslie, as stated

by the Dean of Faculty, was that he had been himself accused of the

crime he was now to fasten upon another, and that the Sheriff of

Edinburgh had offered him his life if he would criminate Brodie, of

whose complicity he had hitherto said nothing. In the case of Brown, the

battle was joined upon the precise effect of the pardon which had been

obtained for that interesting criminal, and to what extent the pristine

purity of his character was thereby restored. The Court, however,

repelled the objections, and admitted both witnesses; and the evidence

which they gave finally disposed of all chance of the panels’

acquittal.

At the conclusion of Brown’s evidence the Lord Justice-Clerk addressed

that truculent scoundrel as follows:--“John Brown, you appear to be a

clever fellow, and I hope you will now abandon your dissipated courses,

and betake yourself to some honest employment.” To which Brown suitably

replied, “My Lord, be assured my future life shall make amends for my

past conduct.” He then left the box, and so passes out of the story, of

which he was undoubtedly “the greater villain,” and surely never did

witness less merit judicial commendation than John Brown _alias_ Humphry

Moore.

The Crown case closed with the reading of the prisoners’ declarations

and the Deacon’s letters, such portions of the former as related to

matters unconnected with the trial being withheld from the jury. For the

defence no witnesses were called for Smith, and an attempt to prove an

_alibi_ made on behalf of Brodie was entirely unsuccessful, the

principal witnesses to it being his brother-in-law, Matthew Sheriff, and

his mistress, Jean Watt, both obviously friendly to the Deacon’s

interests.

At one o’clock on the morning of Thursday, 28th August, the exculpatory

proof was closed, and the Lord Advocate began his address to the jury.

His Lordship’s speech, while an able and convincing statement of the

Crown case, was marred by one or two passages which would now be

considered to exceed the limits of legitimate advocacy. Such are the

references to facts “which would have been likewise sworn to by Smith’s

wife, if she had been allowed to be examined”; the assumption that the

Deacon’s foreman, Robert Smith, was convinced of his master’s guilt; the

use made of Ainslie’s declaration, which that witness was told had been

destroyed, and which was not before the Court; and the passage in the

peroration referring to the “consequences to the inhabitants of this

populous city” of the Deacon’s acquittal.

Trial of Deacon Brodie · 第 4 / 29 段