4. JOHN GEDDES, tobacconist in Mid-Calder, called in and sworn.

Examined by the SOLICITOR-GENERAL--Were you lately in London? Do you

know the prisoner? Tell the jury what you know about him?

WITNESS--I was in London in the month of March last, and my wife and I

took our passage in the “Endeavour,” of Carron, Captain Dent, bound for

Leith. We went on board on a Saturday, and the next day, Sunday, the

vessel fell two or three miles down the river, and then we cast anchor

at Blackwall. In the evening the master went on shore to get hands to

man her, leaving me and my wife on board. About twelve at night a

passenger, who appeared sickly, came on board, in company with Mr.

Hamilton and Mr. Pinkerton, two of the owners of the vessel, and another

gentleman I did not know. These gentlemen remained about half an hour,

and then all went ashore, except the passenger, who remained on board.

He was dressed in a blue great-coat, with a red collar, round wig, black

vest, breeches, and boots. He was allotted a bed in the state-room, near

the fire, as he was sick. The next morning the vessel set sail, but

afterwards ran aground opposite to Tilbury Point, where she remained

about eight or ten days, and we did not get clear of the Thames for a

fortnight. During all that time the passenger remained on board, except

one day that he, along with the master of the vessel and my wife and I,

went on shore, and dined at a neighbouring village, and another day that

he went ashore by himself to get a bottle of milk. For the first two or

three days after the passenger came on board we called him “the

gentleman,” as we did not know his name, but, upon my inquiring of him

what his name was, he told me it was John Dixon.

The SOLICITOR-GENERAL--Would you know that person again?

WITNESS--I would.

The SOLICITOR-GENERAL--Look at the prisoners at the bar and say if you

know either of them?

[Here the witness pointed out Mr. Brodie to be the same person that had

called himself John Dixon.]--On getting out to sea Mr. Dixon delivered

to the captain a letter from Mr. Hamilton or Mr. Pinkerton, but,

although I desired him to let me read it, I did not see it. In

consequence of this, the captain altered his course and steered for

Holland, and the vessel, although bound for Leith, sailed to Flushing. I

do not think she was driven there by contrary winds, as the wind was

south-west, and fairer for Newcastle or Leith than for Holland. During

the voyage, Mr. Dixon complained much of a sore throat. When we arrived

at Flushing we cleaned ourselves and went ashore, and Mr. Dixon set off

for Ostend in a skiff which he hired for that purpose. On shore, before

he left, Mr. Dixon gave me a packet containing two letters, one of which

had another within it, to carry to Scotland to be delivered in

Edinburgh. One of the letters was directed to Mr. Michael Henderson,

stabler in the Grassmarket, in which there was one inclosed to Mrs. Anne

Grant, Cant’s Close, and the other to Mr. Matthew Sheriff, upholsterer

in Edinburgh, signed and dated as mentioned in the indictment. We did no

business at Flushing, and I am of opinion that the ship did not come

there with that intention. After landing Mr. Dixon we sailed for Leith.

When I arrived in Leith, from the accounts I heard about Brodie, I was

convinced that Dixon and Brodie were the same person. Next day I went to

Mid-Calder, and about three weeks afterwards was at Dalkeith, where I

had occasion to see the newspapers, and the description of Brodie

therein given confirmed me in the above suspicion. I then delivered the

letters to Sheriff Cockburn. I had previously opened the packet and read

them. [The witness was here shown the letters libelled on.] I know that

these are the letters I received from the prisoner and delivered to the

Sheriff.

The SOLICITOR-GENERAL--Did Brodie say that he had any business at

Flushing?

WITNESS--He mentioned that he had business at Ostend, and Captain Dent

said he was to wait till he returned, and that he supposed he belonged

to the Carron Company; but when the wind came fair, Captain Dent said

he would not wait for him, and the devil a bit of business he supposed

he had.

Cross-examined by the DEAN OF FACULTY--You have told us that you went

ashore when you arrived at Flushing. Pray, sir, did you make any

purchases there?

WITNESS--None, except a piece or two of nankeen for breeches to myself.

The DEAN OF FACULTY--Did you purchase nothing else?

WITNESS--Nothing, except two or three handkerchiefs for my own use.

The DEAN OF FACULTY--You will remember, sir, that you are upon your

great oath, and that it is your duty to tell the whole truth.

Lord HAILES--My Lords, the witness should be informed that if he

purchased any contraband goods he has nothing to fear from acknowledging

that he did so.

The LORD JUSTICE-CLERK--It is certainly very proper. [To witness]--John

Geddes, if you made any purchases of contraband goods when you was at

Flushing, it is your duty to inform the Court and the gentlemen of the

jury that you did so, and you have nothing to fear from such an

acknowledgment, because whatever you say here will be no evidence

against you afterwards in the Court of Exchequer or elsewhere.

The DEAN OF FACULTY--Did you purchase no lace, sir, when you was at

Flushing?

WITNESS--A few yards.

The DEAN OF FACULTY--Why, then, did you say that you purchased nothing

except the nankeen and the handkerchiefs?

WITNESS--It was my wife and not me that purchased it.

The DEAN OF FACULTY--Did you offer the lace for sale?

WITNESS--No; there is part of it about a cloak which my wife has here

with her, and I believe part of it about her sister’s.

The DEAN OF FACULTY--And what became of the rest of it? Remember, sir,

you are upon your great oath.

WITNESS--That was it all, except a few yards I sold at Bathgate for

twenty-two shillings.

The DEAN OF FACULTY--Did you not say even now that you had offered none

of it for sale?

WITNESS--I said that I offered none of it for sale in this place.

The DEAN OF FACULTY--Did you purchase no tobacco in Flushing?

WITNESS--I did not, except a little for chewing.

The DEAN OF FACULTY--Did you purchase any gin?

WITNESS--None, except a little for sea store.

The DEAN OF FACULTY--Pray, sir, when did you open these letters you have

told us of? Was it before or after you came to Leith?

WITNESS--It was after.

The DEAN OF FACULTY--You told us, sir, that upon reading the newspapers

you discovered that Dixon and Brodie were one and the same person. Pray,

sir, when or where did you first read the newspapers?

WITNESS--At Dalkeith.

The DEAN OF FACULTY--How long was that after your arrival?

WITNESS--Three weeks.

The DEAN OF FACULTY--And pray, sir, what was the reason that in all that

time you did not deliver these letters to the persons to whom they were

directed?

WITNESS--I did not remember that I had such letters when I was in

Edinburgh myself, and I afterwards wished my brother-in-law to deliver

them.

The DEAN OF FACULTY--Did you open the letters?

WITNESS--I did.

The DEAN OF FACULTY--And what was your reason for doing so?

WITNESS--I opened them and delivered them to the Sheriff for the good of

my country.

The DEAN OF FACULTY--And would it not have been as much for the good of

the country to have delivered them without opening them?

WITNESS--I just opened them, and that’s all; I can give no other reason.

The DEAN OF FACULTY--Did you inform any person that you had such

letters?

WITNESS--I did; I informed John Tweddle, my brother-in-law, who advised

me to deliver them to the persons for whom they were intended. I

afterwards showed them to a gentleman named Mr. Learmonth in Linlithgow,

who wrote a letter by me to a gentleman of this place.[2] By him I was

carried to Mr. Erskine, but he would give me no advice, and therefore I

returned home to Mid-Calder. That same evening, or early next morning,

Mr. Scott, Procurator-Fiscal, and Mr. Williamson, messenger, called upon

me, and I accompanied them to Edinburgh and delivered the letters to the

Sheriff.

The DEAN OF FACULTY--My Lords, as the witness has mentioned his having

called upon me, I beg leave to state to the Court what passed upon the

occasion. He was brought to my house by a gentleman, and he showed me

the letters. I informed him that I was counsel for Mr. Brodie; that he

himself knew best the directions that he had received from the person

who committed these letters to his charge; and that I could give him no

other advice than this, that he ought to do in the matter that which his

own conscience should point out to him as most proper.

The LORD JUSTICE-CLERK--That was a very proper advice, and was just what

I would have expected from the Dean of Faculty.

The LORD ADVOCATE--My Lords, you will have observed that there were

three letters from the prisoner delivered up. It was only judged

necessary to libel on two of them; but if the prisoner thinks that the

other letter, or any of his other papers in my possession, will be of

the least service to him in supporting his defence, I have no objection

to produce them.

[Sidenote: Margaret Tweddle]

5. MARGARET TWEDDLE, spouse of the said John Geddes, called in and

sworn.

WITNESS--I was in London with my husband in the month of March last, and

went with him on board of a vessel bound for Leith. One night, when it

was dark, a person, whom I now see a prisoner at the bar, and some

others with him, came on board. The prisoner remained on board, but the

others went ashore in about half-an-hour afterwards. I think the person

had a wig on when he came on board, and he appeared to be in bad health.

He passed by the name of John Dixon. The vessel sailed for the coast of

Holland, and when she arrived there the prisoner went on shore. I saw my

husband receive a packet of letters from Mr. Dixon; but I know nothing

more of them. I never saw these letters afterwards.

Cross-examined by the DEAN OF FACULTY--Did you or your husband make any

purchases while in Flushing?

The LORD JUSTICE-CLERK--Margaret, if you or your husband purchased any

contraband goods when you were at Flushing you will inform the Court and

the gentlemen of the jury that you did so, and you have nothing to fear

from such an acknowledgment, because whatever you say here will be no

evidence against you afterwards in the Court of Exchequer or elsewhere.

WITNESS--We purchased some pieces of nankeen, some handkerchiefs, and

some yards of lace.

[Sidenote: Robert Smith]

6. ROBERT SMITH, wright in Edinburgh, called in and sworn.

WITNESS--I was some time ago foreman to the pannel, Mr. Brodie, and I

remember to have been sent for by him upon the Sunday morning, the 9th

of March, at eight o’clock, after it was reported that the Excise Office

had been broke into. The message was not particular, but such a one as I

usually received from him when he wanted to give me orders about some

work, as he frequently sent for me for that purpose, especially if he

was going to the country. When I came to him he asked me if there were

any news about the people who had broke into the Excise. I answered that

I had been informed that George Smith was committed to prison, and that

Brown had been sent into England in search of Inglis & Horner’s goods. I

added that I hoped he, Mr. Brodie, had no concern in these

depredations; but he returned to me no answer. The reason I asked this

question was that I had often seen my master in their company, and knew

him to be intimate with them. Mr. Brodie told me he was going out of

town for a few days, and sent me a message for a waistcoat and pair of

breeches; but before my return he was gone, and I did not see him again

till after he was brought back to this country. On the Monday evening

following, the 10th of March, a search was made for him, and several

doors of his house were broken open, in virtue of a warrant from the

Sheriff, as I was informed. [Here the witness was shown the two letters

founded on in the indictment, and desired to say whether or not they

were in the handwriting of Mr. Brodie.] I have seen the handwriting of

Mr. Brodie, and I think the writing of these letters very like his, but

I never saw Mr. Brodie subscribe with initials; and as I am no judge of

writing, I cannot say whether I believe these letters to be written by

Mr. Brodie or not. [Here the witness was shown the unsigned scrolls, and

desired to say whether or not he believed they were in the handwriting

of Mr. Brodie.] I never saw Mr. Brodie write so bad a hand as these

letters are written in, nor after the manner in which they are written,

and I do not think that they have been wrote by Mr. Brodie. [Here the

state of affairs referred to in the indictment was shown to the

witness.] I think this is very like the handwriting of Mr. Brodie, much

more so than any of the others.

[Sidenote: James Laing]

7. JAMES LAING, writer in Edinburgh, called in and sworn.

WITNESS--I am assistant clerk in the Council Chamber. I know Mr. Brodie,

the prisoner at the bar. I have seen him write, and I am a little

acquainted with his handwriting. [Here the two letters were shown to the

witness.] The writing of these letters is very like Mr. Brodie’s

handwriting. I think they have been wrote by him. [Here the unsigned

scrolls were shown to the witness.] I think these are of Mr. Brodie’s

handwriting too, though worse written. [State of affairs shown to the

witness.] I think this also is written by Mr. Brodie.

[Sidenote: John Macleish]

8. JOHN MACLEISH, clerk to Hugh Buchan, City Chamberlain of Edinburgh,

called in and sworn.

WITNESS--I know Mr. Brodie, the prisoner at the bar, and have had some

opportunity of knowing his handwriting. I have got receipts from him in

the Chamberlain’s office, and have received cards from him. I have

likewise seen him write in his own shop. [Here the witness was shown the

two letters.] I think these letters are of his handwriting. [Shown the

scrolls.] I never saw Mr. Brodie write in so crowded a way, or interline

so much, but, notwithstanding, I think that these are of his

handwriting. [State of affairs shown the witness.] I think that this

also is of Mr. Brodie’s handwriting.

Cross-examined by the DEAN OF FACULTY--How do you come to know Mr.

Brodie’s writing so exactly?

WITNESS--From many accounts and receipts, of his writing, which I have

in my custody belonging to the office.

[Sidenote: John Duncan]

9. JOHN DUNCAN, door-keeper to the Excise Office, Edinburgh, called in

and sworn.

WITNESS--I have been in that office for thirty-seven years. The doors of

the Excise Office, when it was kept in the Canongate, were usually

locked by me about eight o’clock at night, and I carried the key

immediately thereafter to the housekeeper. A watch was set to guard it

about ten o’clock, and the night watchman went away about five in the

morning. I remember to have locked the door on Wednesday, the 5th of

March last, about a quarter after eight o’clock in the evening, and I

gave the key to one of Mr. Dundas, the housekeeper’s, maid-servants. The

cashier’s room lay within the outer door, which I had locked, as before

mentioned, and it had a double door.

Cross-examined by Mr. CLERK, for George Smith--Pray, sir, was the Excise

Office kept in one or in two houses?

WITNESS--The Excise Office was kept in a large house; but there was

likewise a small house fronting and adjoining the great one, in which

Mr. Broughton’s office and the Register of Seizures were kept. There was

no communication from the one to the other without going out to the open

air, and the whole were in one court, inclosed by a parapet wall and

iron rail.

[Sidenote: William Mackay]

10. WILLIAM MACKAY, porter in the Canongate of Edinburgh, called in and

sworn.

WITNESS--I was employed as a watch to guard the Excise Office when it

was kept in Chessels’s Buildings, and upon Wednesday, the 5th day of

March last, I went to the office at the usual hour, which was a little

before ten o’clock at night. I found one of the leaves of the outer door

open, and the passage door and the door of the cashier’s room also open;

and upon making this discovery I went to Mr. Dundas, the housekeeper’s,

and inquired of the maid who had been last at the office, as the doors

were open. The maid answered John Duncan, the last witness, had left it

about a quarter after eight o’clock. Mr. Dundas’s son, hearing me make

this inquiry, asked what was the matter. When I told him that the door

was broke open, he said, “Then, something worse is done.” Immediately

Mr. and Mrs. Dundas and the whole family went into the office with me

and examined the cashier’s room; we found all the desks and presses

broke open, and the coulter of a plough, and two iron wedges, lying in

the room; and we likewise found a spur in the hall, with part of the

leather of it torn. Mr. Dundas immediately sent me for Mr. Alexander

Thomson, the accountant. I found Mr. Thomson, and he returned with me to

the Excise Office. [Here the witness was shown the coulter of the

plough, the two iron wedges, and the spur.] These are the same articles

which I saw in the Excise Office. [The counsel for the pannels here

repeated the objection against adducing the coulter and two wedges, as

mentioned in the general objection and interlocutor before taken down.]

[Sidenote: Alexander Thomson]

11. ALEXANDER THOMSON, accountant of Excise, called in and sworn.

WITNESS--I remember that the Excise Office was broke into on Wednesday,

the 5th of March last. When I left the office at the usual hour that

night, about eight o’clock, I locked the door of the cashier’s room

before I left, and carried the key away with me. I saw John Duncan, the

door-keeper, in the hall as I came out. I left in two concealed drawers

below the desk about £600 sterling, and in the desk itself £15 16s.

3½d., being two-thirds of the proceeds of a seizure sent from Greenock,

to be divided amongst three people. About ten o’clock the same evening

the office porter, or watchman, came to me and informed me that the

Excise Office had been broken into. I immediately repaired to the

office, and found Mr. Dundas, the housekeeper, and Mr. Pearson, the

secretary, there; and, along with them, I examined the premises. The

outer door and the passage door appeared to have been opened without

violence, but the door of the cashier’s room seemed to have been forced

with a lever or other instrument; the door of a small press in the room

appeared likewise to have been forced open, and a few shillings, and

some stamps for receipts that were in it, carried off. The key of my

desk, which I usually kept in this place, had likewise been taken out,

and the desk opened with it. The £15 odds, which I had left in the desk,

were gone, and also a receipt for £7 18s. 2d., but the concealed

drawers, in which the £600 was contained, were untouched. These drawers

cannot be opened without first opening the desk, and the keyhole is

concealed by a slip of wood, which might escape a slight observer.

Accordingly it had remained untouched, although the key of it lay in the

desk. Behind the door there was left the coulter of a plough and two

iron wedges--[Here these articles were shown to the witness]--the same

as these now on the table.

Cross-examined by Mr. JOHN CLERK for George Smith--Pray, Mr. Thomson,

was the Excise Office, when in the Canongate, kept in one house or in

two houses?

WITNESS--It was kept in three houses, or in one large house, consisting

of a front and two wings, and, besides this principal house, there was a

small one fronting, and nearly adjoining to it, in which Mr. Broughton’s

office, Mr. Dick’s office, and the Register of Seizures were kept.

[Sidenote: Laurence Dundas]

12. LAURENCE DUNDAS, housekeeper of the Excise Office, called in and

sworn.

WITNESS--There was a practice, previous to the time when the Excise

Office was broke into, of locking the door betwixt eight and nine

o’clock at night, and lodging the key in my house, and of putting a

watch upon it at ten o’clock. I remember that upon Wednesday, the 5th of

March last, the door was locked at the usual hour, and the key left by

John Duncan at my house. A little before ten o’clock that night, William

Mackay, the porter employed to watch the office, came to my house and

gave information that the office had been broke open. I immediately went

to the office, and found the outer door, the passage door, and the door

of the cashier’s room, all open. This last-mentioned door seemed to have

been forced with some instrument. Within the room I found the coulter of

a plough and two iron wedges, all of which I now observe upon the table.

Every drawer in the room, except the money drawers, seemed to have been

forced open. I immediately sent for Mr. Thomson, the accountant, and Mr.

Pearson, the secretary, and both of them immediately came to the office.

Mr. Thomson told me that he had about £17 in his desk, which he supposed

was all gone, but he hoped that the money drawers were safe. The key of

the money drawers was found amongst others lying in the desk.

Cross-examined by Mr. JOHN CLERK, for George Smith--Mr. Dundas, was the

Excise Office, when in Chessel’s Buildings, kept in one house or in two

houses?

WITNESS--Principally in one house, but there was likewise another small

house in which Mr. Broughton’s office, Mr. Dick’s office, and the

Register of Seizures were kept; both houses were inclosed with an iron

rail.

[Sidenote: Janet Baxter]

13. JANET BAXTER, servant to Adam Pearson, assistant secretary of the

Excise, called in and sworn.

WITNESS--I was out upon a message about eight o’clock at night on

Wednesday, the 5th of March last, and, returning homewards, I met with

an acquaintance, with whom I conversed for a little in the entry to

Chessels’s Buildings, in which my master lived. I then went down the

close, and on my way down I saw a man, dressed in a whitish great-coat

and slouch hat, leaning over the rails at the entry to the court, and,

judging him to be a light or suspicious person, I was afraid of him, and

ran into my master’s house.

[Sidenote: James Bonar]

14. JAMES BONAR, deputy-solicitor of Excise, Edinburgh, called in and

sworn.

WITNESS--I recollect having occasion to call at the Excise Office upon

Wednesday, the 5th of March last, about half-past eight in the evening,

and as I thought it was probable that there might be still some person

in the office, I went straight forward to the door without calling for

the key, and finding the door on the latch, I opened it and went in.

Just as I entered, a man, who appeared to be dressed in a black coat and

cocked hat, stepped out. He seemed to be in a hurry, and I stepped aside

to give way to him. He was a square-built man, and was rather taller

than me. I took no suspicion, thinking it was some of the people

belonging to the office, detained later than usual. I went upstairs to

the solicitor’s office, and into the room in which I usually write. I

remained there about ten minutes, came down again, and then went away. I

saw no person either in the entry or the court as I came out.

[Sidenote: Isobel Wilson]

15. ISOBEL WILSON, spouse of Adam Robertson, wright in Duddingston,

called in and sworn.

Examined by the SOLICITOR-GENERAL--Pray, madam, do you remember anything

of two persons coming to your house in the month of March last?

WITNESS--I did not remember, at first, anything of the matter, but

having afterwards seen John Brown [a succeeding witness] in the

Sheriff-Clerk’s Office, he mentioned some circumstances which passed

upon the occasion, which brought to my recollection that there were two

persons in my house at the time you mentioned, and I think that Brown

was one of them. They called for a bottle of porter, which they drank

and paid for, but I do not recollect anything else that passed upon the

occasion.

[Sidenote: John Kinnear]

16. JOHN KINNEAR, servant to the Earl of Abercorn at Duddingston, called

in and sworn.

Trial of Deacon Brodie · 第 8 / 29 段