shop-breaking, and Brodie complaining that he had not got his proper
share of the goods; and particularly, in a conversation betwixt Brodie
and the declarant, after the shop of Inglis and Horner had been broke
into, Brodie damned Smith for having broke into this last shop himself,
and said he would treat him, Brodie, in the same manner he had done as
to Bruces’ shop, which was very ungenerous, after he had given him the
information.
That he had often had Brodie’s gold watch in his custody, and saw the
gold seal and watch-key hanging at it, which Brodie often said were the
only things he had got that were taken from Bruces’ shop.
APPENDIX X.
STATE OF THE PROCESS AT THE INSTANCE OF JOHN HAMILTON,
CHIMNEY-SWEEPER, IN PORTSBURGH, AGAINST WILLIAM BRODIE, WRIGHT AND
CABINETMAKER, IN EDINBURGH, REFERRED TO AT THE TRIAL, RESPECTING
THE LOADED DICE, WHERE THE CLUB, SO OFTEN MENTIONED IN SMITH’S
DECLARATIONS, MAKES A CONSPICUOUS FIGURE.
The process is in the form of a petition and complaint against Brodie,
Smith, and Ainslie. It states that, on a certain night in January last,
he, Hamilton, accidentally met with these persons in the house of Clark,
vintner, at the head of the Fleshmarket Close; that when he joined them
there playing at dice, that, suspecting no fraud or deceit, he had
joined in the amusement, and, in a short space, lost six guineas, and
some odd shillings; that, being surprised how this could happen, he
seized on the dice, and had them examined, and discovered that they were
loaded or false dice, filled at one end or corner with lead; and he
concludes with praying for a warrant to apprehend and incarcerate the
said persons, until they should repeat the sum of which he had been so
defrauded, and pay a sum over and above, in name of damages and
expenses.
Answers were given in for Mr. Brodie to this complaint, and separate
answers for Smith and Ainslie.
They stated, in general, that, on the evening mentioned in the petition,
they were innocently amusing themselves with a game at dice over a glass
of punch, and that the petitioner intruded himself upon their company;
that, if false dice were used on that occasion, it was unknown to the
defenders, as the dice they played with belonged to the house; that, if
the petitioner had lost the sum he alleged, it had not been gained by
the defenders, as Smith and Ainslie had said, that, so far from gaining
any thing that evening, they had lost, and Brodie said he had only
gained 7s. 6d.; that the prisoner himself was a noted adept in the
science of gambling; and it was not very credible that he would have
allowed himself to be imposed upon in the manner he had alleged.
The replies for Hamilton to these answers are a curious production.
After stating the nature of the complaint, and the defences that had
been made to it for Brodie, Smith, and Ainslie, they say, “A wonderful
story indeed! Smith and Ainslie, two noted sharpers at the business, in
their answers, assert they were losers, and innocent Mr Brodie avers he
was only a gainer in this paltry trifle of 7s. 6d.; and yet the
petitioner finds himself out of pocket near as many guineas as that
gentleman says he received of shillings. Certain, however, it is, that
in their company, by undue means, he lost five guinea notes, two half
guineas in gold, and six shillings in silver, before he suspected the
fraud.”
“Neither Dr Katterfelto, nor Breslaw, were present to transmute it.
Unless, therefore, some of their learned pupils had not been very near
him he would have been in possession of his money at this moment. Mr
Brodie knows nothing about, and is entirely ignorant of such devices and
always considered all dice to be alike. It is, says he in his answers,
the petitioner who ‘is such an adept in the science, as to be alone
capable of using such instruments and of explaining the nature of them.’
“Miserable!--that the petitioner, a deemed sharper, should be taken in
by a pigeon, to use the _lingua_ of the Club. But so it has happened. Mr
Brodie knows nothing of such vile tricks--not he! He never made them his
study--not he! Never was at either pains or expense to acquire them, nor
ever studied under Mr Breslaw, &c., &c., for that very special
purpose--not he indeed! Mr Brodie never haunted night-houses, where
nothing but the blackest and vilest arts were practised to catch a
pigeon; nor ever was accessary either by himself or others in his
combination, to behold the poor young creature plucked alive, and not
one feather left upon its wings--not he indeed! He never was accessory
to see or be concerned in fleecing the ignorant, the thoughtless, the
young, and the unwary, nor ever made it his study, his anxious study,
with unwearied concern, at midnight hours, to haunt rooms where he
thought of meeting with the company from which there was a possibility
of fetching from a scurvy sixpence to a hundred guineas--not he indeed!
He is unacquainted altogether with packing or shuffling a set of
cards--he is indeed! Mr Brodie, in all his innocent amusements, never
met with any person, who, after having been fleeced of money to the
amount or a hundred pounds, and detected of the vile and dishonest
methods by which it had been abstracted from him, received, as a return
for his moral rectitude, a very handsome incision on the eye--never he
indeed! He never was in such company, nor ever met with such
accident--not he! It is only the petitioner, or such like him, who are
known and adepts in the devices--which Mr Brodie very modestly says he
is innocent of--who could be guilty of such practices, and receive such
returns.
“But, however certain Mr Brodie’s innocence may be on these scores,
previous to the 17th January current, it is as certain that on that
night, both him and Ainslie, and Smith, had acquired more complete
knowledge of the business of gambling than the petitioner; for,
notwithstanding all his art, they went infinitely beyond him; he was
totally at a loss when he observed the dice take such a run; not indeed
but he was apprehensive something was going on unfair and ungenerous. At
last, having been despoiled of his money, he seized them, and discovered
the charm. For this unjustifiable procedure in the defender, the
petitioner is confident every good magistrate will feel it their duty to
give him reparation; and it is their business to check these infamous
proceedings, be they followed by whatsoever person they may; for, the
greater the man is, and the weightier his purse, the more is he the
object of justice and example; and the lower the man is in rank or
station, who suffers by such, the louder is the cry and more the demand
for redress.
“If, so long ago as the 1711, the Legislature had perceived its
pernicious consequences, how much is it the duty of those to whom its
execution is entrusted to act up to its very letter; when it is a fact,
that, in these modern times, gaming of every kind has pervaded all
ranks; from the stable-boy to the Peer it is the subject of study and of
practice; and some of every denomination have made it their chief
business to attain the method or art how to cheat his neighbour the
best; his neighbour, nay, his friend and companion, who never would have
suspected such a latent serpent lay in his breast.
“There are living instances of men, who, though born to independence and
enjoying most ample fortune, can intermix with the very lowest class of
the multitude, and even court this company from motives prompted surely
by the principles only of rapacity and avarice; and, without shame or
remorse, use the most unjustifiable and dishonest practices to fleece
them of their little pittance--pittances so much below their envy, that
a relation of them would not bear the appearance of truth; and what must
these men appear to be in the mind of every good person; yet still there
are such who demean themselves to these practices, and, rather than
associate with their equals, will descend to keep company with ostlers,
pedlars, and stable-boys.”
APPENDIX XI.
AN ACCOUNT OF MR. BRODIE’S BEING SEIZED AT AMSTERDAM.
JOHN DALY, an Irishman, residing at Ostend, had seen Brodie, who passed
there under the name of John Dixon, at the house of one Bacon, a
vintner, with whom he lodged.
Brodie was recommended to Bacon at Ostend by the following letter from
Captain Dent, in whose vessel he went to the Continent:--
To Mr John Bacon, Vintner, Ostend.
Dear Friend,
The bearer, Mr John Dixon, was going passenger with me to New York,
but, being taken sick, had a desire to be landed at Ostend.
Therefore, I recommend him to your care, being a countryman and a
stranger; on my account, I hope you’ll render him every service in
your power.
In so doing, you will oblige
Your most humble servant,
JOHN DENT.
Sir John Potter employed this Daly to go to Holland in pursuit of
Brodie. He got notice of him at Amsterdam, by means of two Jews who
attend the passengers that arrive in the treck schoots. He described
Brodie to them, and a black trunk he had with him; and they, for a few
stivers, showed him the alehouse where he had taken up his quarters.
Daly said Brodie was lodged in the first floor: that the landlord of the
house informed him that the gentleman he enquired for was above. On this
information, Daly went up stairs, knocked once or twice at the door, but
no person answering, he opened the door, and went into the room. After
searching about some time, he found Brodie in a sort of cupboard, and he
addressed him, “How do you do, Captain John Dixon _alias_ William
Brodie?--come along with me.” He then got him lodged in the Stadthouse.
Daly came over to London, and got his reward.
APPENDIX XII.
THE JOURNAL OF MR. GROVES, WHO WAS DESPATCHED FROM LONDON TO AMSTERDAM
TO TAKE CHARGE OF BRODIE.
On Tuesday, the 1st July, I left London, and arrived at Harwich at three
o’clock the next morning.
Wednesday, waited on Mr Coxe, the agent for the packet, with Mr Fraser’s
letter, and also on the Captain, who dined with me. At half-past four in
the afternoon sailed out of the harbour, and lost sight of land at nine.
Thursday, got sight of Helvoetsluys at twelve next day,--dead calm four
leagues from shore,--rowed into the harbour in the long boat, with
Captain Hearne, and Carpmeal, (Sir S. Wright’s officer), with the mail,
and a woman going as Lady’s maid to Sir James Harris’s Lady,--drove back
by tide, and almost out to sea again,--landed on sand, walked to several
farmhouses, leaving the mail and baggage on the sand, guarded, in quest
of a waggon,--refused;--a boor, at last, went at an extravagant price;
we had walked seven miles on hot sands, and parched with thirst; at
eight o’clock waggon came with the mail, &c.--set out for the Brill,
but, within two miles, waggon broke down, and obliged to procure boors
to carry mail, &c. arrived at the Brill at half past nine;--Brooks, the
messenger, came from Helvoetsluys to meet us, where he had been
waiting,--had heard nothing of any person (Englishman) being in custody
at Amsterdam, which much alarmed me, nor had Hutchinson, the collector
of the passports,--more alarmed;--delivered Mr Fraser’s letter to
Brooks;--at ten set off with Brooks for Maslinsluys, arrived there at
half-past eleven, got to Delft at three-quarters past twelve;--arrived
at the Hague at three in the morning in an open post waggon, with heavy
rain, thunder and lightning.
Friday, waited on Sir James Harris at ten in the morning,--introduced to
Brooks,--treated with great affability, and received a letter from Sir
James, which he had already wrote, directed to Mr Rich, the consul, Sir
James having first informed me that Brodie was safe in the
Stadthouse,--consulted Sir James on the mode of obtaining him,--informed
that, if the magistrates of Amsterdam required an official application
to the States General, to come back immediately to him, and he would
obviate all difficulties; but he did not think it would be
necessary:--it was Sir James’s opinion the magistrates would give him up
without, if not, was certain they would detain him till an answer to Sir
James’s application to the States could be obtained;--set off for
Amsterdam, and arrived there the same evening; waited on Mr
Rich,--politely received; and we consulted on measures,--Mr Rich to wait
on one of the magistrates that evening, and to send to me early next
morning.--Waited on Mr Duncan, a Scots gentleman, and father-in-law to
Mr Gerard, a minister at Amsterdam, with Mr Langlands’s letter;--Mr
Duncan seemed willing to identify Brodie; but on being called out into
another room by Mr Gerard and his wife, on his return, Mr D. said as far
as his word of honour as a gentleman would go, and his belief, he would
say he was the man; but, if an oath was required he would not,--Saw then
a manifest reluctance in Mr D. and had no doubt his daughter and the
parson would endeavour to persuade him to decline troubling himself in
the matter; but judged he could not go back from what he had said to Mr
Rich.
_N.B._ No mischief but a woman or a priest in it,--here both.
Saturday morning, received a message from Mr Rich,--most of the
magistrates gone to their country-houses,--nothing could be done till
Monday;--Mr Rich entertained no doubt, but said a magistrate had
informed him, that a formal requisition must be made by him, in writing,
to the magistrates;--he produced the copy of one, requiring the person
of William Brodie to be delivered up; I corrected it, by inserting
“otherwise John Dixon,” as the magistrates of Amsterdam knew of no
William Brodie; Mr Rich agreed it was proper;--informed him of my
suspicions respecting Mr Duncan, and the steps that would be taken by
his family to make him, if possible, recant;--my fears further
increased, as Mr Duncan lodged in the same tavern with me, I had
frequent opportunities of conversation with him, and could plainly see a
sorrow for what he had said, and a wish to retract.
Monday, waited on Mr Rich,--found, by a mistake in not inserting
“otherwise John Dixon “ in the requisition, that the business must be
delayed till the next day ten o’clock, when a general meeting of the
magistrates, with the grand schout, (high sheriff), to consider on the
application;--mistake corrected, and requisition presented.
Tuesday, sent for by the magistrates to the Stadthouse;--from their
manner, judged Brodie’s delivery as predetermined;--Mr Duncan sent for.
MR. DUNCAN’S ACCOUNT TO THE MAGISTRATES.
That he was not a native of Edinburgh, but of Aberdeen; that he
frequently came to Edinburgh on business; and that eight ten, or twelve
years ago, he could not say which, the man who now called himself John
Dixon was pointed out to him as Deacon Brodie, having asked a gentleman
who he was.
That he had seen him several times after, and always understood him to
be Deacon Brodie, but did not know his Christian name; had no doubt, and
verily believed he was the same man; but would not swear he had no doubt
and verily believed him to be the same.
BRODIE ORDERED TO BE BROUGHT IN.
SUBSTANCE OF EXAMINATION.
_Q._ What is your name?
_A._ John Dixon.
_Q._ That is the name you go by here--but is not your real name William
Brodie?
_A._ My Lords, I stand here and claim the protection of the laws of this
country, which require two witnesses, on oath, to prove me William
Brodie.
You shall have the protection of the laws of this country, but they do
not require two oaths to identify you; it requires that the magistrates
shall be satisfied you are the same man.
Mr. Groves--I beg leave he may be asked, if he is not a native of
Edinburgh?
Question put--the answer, I have been at Edinburgh.
Mr Groves--Is he a Deacon of Edinburgh?
_A._ I claim the protection of the laws.
Mr Groves--Does he know Mr William Walker, Attorney at law, of the
Adelphi, London?
_A._ I know such a man.
Mr Groves--Then that William Walker procured the escape of this William
Brodie from London, which I can prove by extracts of letters now in my
pocket, the originals of which are here in the hands of your officers. I
can swear to Mr Walker’s writing.
Prisoner ordered to withdraw.
Here the Magistrates asked me if I was ready to swear that, from the
pointed description of him and all said circumstances, he was, to the
best of my belief, the man required to be given up?--I told them I was.
Mr Duncan was then asked if, from what he knew and what he had heard, he
would swear he had no doubt, and believed him to be the man.
Mr Duncan’s reply.--I am only a visitor here; and being called on such
an occasion, it might, in my own country where I am a Magistrate, have
the appearance of forwardness if I was to swear. I am a man of honour
and a gentleman, and my word ought to be taken. I do believe, and I have
no doubt, that he is the same man; but I decline to swear it; I’ll take
no oath.
The Magistrates expostulated, but unsuccessfully, on the absurd idea of
saying, “I have no manner of doubt, and verily believe,” and refusing to
swear, “I have no manner of doubt!” &c.
As I had previously drawn up an information for Mr Duncan and myself to
that effect, he was asked if he would sign it without swearing?--when Mr
Duncan said he would.
The Magistrates then said that they should pay the same compliment to me
they did to Mr Duncan, and take my signature to the certificate, without
an oath, even to my belief.--Certificate signed.
The prisoner was then ordered in, and the certificate read to him, and
asked, If he had not a father?--he replied,--None.
But you had a father, said the Judge--was not his name Brodie?
To this Mr Brodie replied,--“There are more Brodies than one.”
Then by that, said the Judge, you confess your name is Brodie?
_A._--A _lapsus linguae_, my Lord.
Brodie again insisted upon the oaths; but the Judge told him that all
they wanted was to be satisfied, which they were from what Mr Duncan and
Mr Groves had signed, and partly from a confession of his own.
He was told he should set off as that day; and it was settled at four in
the afternoon.
The Judge told me I should have a guide, who would procure the means of
conveyance, &c. I took my leave of them with thanks, &c.; waited on Mr
Rich; at four was sent for to the Stadthouse, where there was a
prodigious crowd; two carriages and four guides, with four horses in
each carriage; and the prisoner, being properly secured, we put him into
one, and got to Helvoet without much interruption next day at one
o’clock; packet sailed at five.
_N.B._ I had wrote a letter to Sir James Harris on the Saturday,
requesting the packet to be detained, who informed me by Mr. Rich, with
whom I dined on the Monday, that it should be detained to the last
moment.
Brodie was watched two hours alternately on board by the ship’s crew;
his hands and arms confined, and his meat cut for him, &c.
On Thursday night, eleven o’clock, we arrived at Harwich--supped--set
off immediately, and arrived next day at noon at Sir Sampson Wright’s,
before whom, and Mr Langlands, Brodie confessed he was the person
advertised.
APPENDIX XIII.
COPIES OF TWO AUTOGRAPH LETTERS OF DEACON BRODIE, HITHERTO
UNPUBLISHED.
[From Dr. David Laing’s MSS. in the University Library,
Edinburgh.]
I.
[To the Right Hon. Henry Dundas (Viscount Melville).]
Right Honble. Sir
You are no doubt acquainted with my misfortunes. Extracts of the
proceedings against me are sent to London by my friends to
endeavour to procure a Remission or an Alteration
[Illustration: Facsimile of Deacon Brodie’s Letter to the Duchess of
Buccleuch.
(From the original in Dr. David Laing’s collection of MSS. in the
Edinburgh University Library.)]
of my Sentence. But 1 believe little respect is paid to such
Aplications unless supported by respectable Personages. With which
view I now most humbly Beseech your interposition and interest in
support of this aplication making at London in my behalf and if
possible prevent me from suffering an Ignominious Death to the
disgrace of my numerous conections, even if it were to end my days
at Bottony Bay.
I have wrote more fully upon this subject to His Grace the Duke of
Buccleugh.
As the time appointed for my Disolution aproaches fast, I most
earnestly intreat no time may be lost in writing to London in my
behalf.
I now most humbly Beg that you will pardon this Presumption in one
of the most unfortunate of the Human Race and whatever may be the
result of this Aplication, I shall ever pray for your welfare and
hapiness.
I am with the greatest respect Right Honble Sir
Your most obdt and huble Sert
but most unfortunate
WILL: BRODIE.
HANG
Edinr Tolbooth
10th Sepr 1788
II.
[To Her Grace The Duchess of Buccleuch.]
Madam,
Lett me beseech your Ladyship to pardon My Boldness in making the
present address.
The wretched can only fly to the Humane and the powerfull for
Relief.
As my triall is printed, it would Ill suit me to make any
reflections on the unfortunate Issue; and this much I am convinced
of, that the Current of Popular prejudice is so strong against me,
that it will be well with me if I can Rescue my Life on any terms;
and tho’ my friends are making aplication above, I have little
hopes of the success, unless some Respectable Characters who have
had an oportunity of knowing something of those I have come of, and
of my former life, Interest themselves in my behalf.
With all the fortitude of a man, I must confess to you, Madam, that
I feel the Natural horror at Death, and particularly a violent
Ignominious Death, and would willingly avoid it even on the
condition of spending my Future years at Bottony Bay.
In that Infant Collony I might be usefull, from my knowledge in
severall Mechanical branches besides my own particular Profession;
and if your Ladyship and your most Respectable friend The Right
Honble Henry Dundas, would Deign to Patronise my Suit, I would have
little Reason to Doubt the Success. Capt John Hamilton too I think
would be ready to assist in any measure Sanctified by your
Ladyship.
Lett me again intreat you to Pardon my Boldness. My time flies
apace, and the hand of Death presses upon me. Think for one moment,
but no longer, what it is to be wretched, Doomed to Death,
helpless, and in Chains, and you will excuse an effort for life
from the most Infatuated and miserable of Men, who can confer no
Compliment in subscribing Himself
Madam,
Your Ladyships Devoted
huble Sert
WILL:M BRODIE.
Edinr Tolbooth
in the Iron Room
and in Chains
10th Sepr. 1788.
_P.S._ I have requested Mr. Alexr Paterson my agent to Deliver this
in Person to your Ladyship.
W. B.
APPENDIX XIV.
SPEECH WHICH GEORGE SMITH INTENDED TO HAVE MADE TO THE COURT
AND JURY AT HIS TRIAL.
GEORGE SMITH was taken into custody on Saturday morning, the 8th of
March, upon the information of John Brown _alias_ Humphry Moore. On
Monday, the 10th, remorse of conscience seized his mind, and he sent to
the Sheriff, wishing to make a clean breast, and to tell the truth. From
that time he has all along been humble, penitent, and resigned.
At his trial he intended to have pled guilty but was prevailed upon to
take his chance of a trial. He meant to have asked for mercy on the
ground of making an ample confession of the crimes committed and to be
committed, and had prepared a speech in writing to that purpose, which
he intended to have read.
On the Friday before the trial, Smith wrote a letter to the Board of
Excise, saying that he was not to give them any trouble, for he would
plead guilty.
By means of a humane and benevolent clergyman who attended this unhappy
man with the most feeling solicitude and earnest discharge of duty
during his imprisonment, we have been favoured with this speech, and the
catalogue of crimes which were to have been perpetrated, which will
strike every reader with horror and amazement.
It is in his own handwriting, and will be deemed curious by the public.
It is remarkable that Smith spells much better in his writing than
Brodie.
The speech is as follows:--
My Lords, and Gentlemen of the Jury,
I stand before this Tribunal, so dreadful to the guilty mind, a victim,
in the first instance, to private revenge. The principal informer
against me had suddenly become my mortal enemy, and thought of nothing,
I fear, when he went to the Sheriff-clerk’s Office, but my single ruin.
I pray God to forgive him this cruel wrong, as I do from my heart.