[Here the witness was shown a false key, a pair of curling irons, a
small iron crow, and the coulter of a plough.]
WITNESS--I know these articles; they were all used in the breaking into
the Excise Office. The coulter we called “Great Samuel,” and the iron
crow, “Little Samuel.” When I gave the coulter to Brown through the
rails at the Excise Office he asked me if I had “Little Samuel,” and I
said that I believed that Smith had it in his pocket.
Lord HAILES--Andrew Ainslie, you gave an account of this matter formerly
before the Sheriff; but you have been very properly told by the Court
that what you said there is now of no avail, and that your declarations
are destroyed. You have this night, in presence of the Court and the
jury, given evidence against the prisoners at the bar. Before you leave
the Court, I desire you to consult your own breast whether or not you
have said anything to the prejudice of these men that is not true. You
have it still in your power to correct any mistakes you have made, but
this opportunity will never recur to you. If, therefore, you are
conscious of having said anything against the prisoners contrary to
truth, and if you leave this house without informing the Court and the
jury of you having done so, you will commit a most heinous offence
against the Almighty God, and you will be guilty of perjury and of
murder.
Cross-examined by the DEAN OF FACULTY--At what hour went you first to
the Excise Office on the night in which you say it was broke into?
WITNESS--I left Smith’s house about a quarter before eight o’clock; I
went away before the rest.
The DEAN OF FACULTY--What o’clock was it when you returned the last time
to Smith’s that evening?
WITNESS--I cannot say, but I think it would be about an hour from the
time I went first to the Excise Office.
The DEAN OF FACULTY--How long were you at the Excise Office before
Brodie came to you?
WITNESS--About a quarter of an hour; he came to the Excise Office just
about eight o’clock.
The DEAN OF FACULTY--You have said that you had resolved to break into
the Excise Office a considerable while before you carried that design
into execution, and you have told us that it was broke into upon a
Wednesday night? Now, you will inform the Court and the gentlemen of the
jury what your reason was for fixing upon that night more than any
other?
WITNESS--Brown and I having seen, in consequence of frequent
observations, that an old man watched night about with the other porter,
and knowing that it was his turn to watch on Wednesday night, we
therefore fixed upon that night for carrying our design into execution.
We knew that there was usually nobody in the office from eight to ten
o’clock for the purpose of watching it. I do not remember who it was
that first proposed robbing the Excise Office.
[Sidenote: John Brown]
27. JOHN BROWN _alias_ HUMPHRY MOORE, sometime residing in Edinburgh,
present prisoner in the Tolbooth of Canongate of Edinburgh, called.
Public-domain text, read in full here on John Shaqi.
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