To Pitcairn, compiler of Criminal Trials in Scotland, from indications
in whose account of the murder I have been set on the hunt for material
concerning it, I am indebted for the information that Jean and her women
were taken red-hand. But I confess being at a loss to understand it.
Warriston, as indicated, stood a good mile from Edinburgh. The informant
bringing word of the deed to town, even if he or she covered the
distance on horseback, must have taken some time in getting the proper
authorities to move. Then time would elapse in quantity before the
officers dispatched could be at the house. They themselves could hardly
have taken the Lady Warriston red-hand, because in the meantime the
actual perpetrator of the murder, a horse-boy named Robert Weir, in the
employ of Jean's father, had made good his escape. As a fact, he was
not apprehended until some time afterwards, and it would seem, from the
records given in the Pitcairn Trials, that it was not until four years
later that he was brought to trial.
A person taken red-hand, it would be imagined, would be one found in
such circumstances relating to a murder as would leave no doubt as to
his or her having "airt and pairt" in the crime. Since it must have
taken the officers some time to reach the house, one of two things must
have happened. Either some officious person or persons, roused by the
killing, which, as we shall see, was done with no little noise, must
have come upon Jean and her women immediately upon the escape of Weir,
and have detained all four until the arrival of the officers, or else
Jean and her women must have remained by the dead man in terror,
and have blurted out the truth of their complicity when the officers
appeared.
Available records are irritatingly uninformative upon the arrest of the
Lady Warriston. Pitcairn himself, in 1830, talks of his many "fruitless
searches" through the Criminal Records of the city of Edinburgh, the
greater part of which are lost, and confesses his failure to come on any
trace of the actual proceedings in this case, or in the case of Robert
Weir. For this reason the same authority is at a loss to know whether
the prisoners were immediately put to the knowledge of an assize, being
taken "red-hand," without the formality of being served a "dittay"
(as who should say an indictment), as in ordinary cases, before the
magistrates of Edinburgh, or else sent for trial before the baron
bailie of the regality of Broughton, in whose jurisdiction Warriston was
situated.
Public-domain text, read in full here on John Shaqi.
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