The DEAN OF FACULTY--Did you not say that when he came to Smith’s before
eight o’clock he had his pistol in his hand?
WITNESS--I did.
The DEAN OF FACULTY--How could he have left them at Smith’s, then, in
the afternoon?
WITNESS--I did not say he left them there; he brought them there, but
carried them away with him again. I am certain as to the small pistols
that Mr. Brodie carried in his breeches pocket.
The DEAN OF FACULTY--Was Mr. Brodie present when the pistols were
loaded?
WITNESS--He was.
The DEAN OF FACULTY--When did Mr. Brodie first come to Smith’s that day,
and how was he dressed?
WITNESS--He came in coloured clothes, between dinner and tea.
The DEAN OF FACULTY--Might that be four o’clock?
WITNESS--I could not tell what o’clock it was.
The DEAN OF FACULTY--Was it after three o’clock that afternoon?
WITNESS--I am not certain.
The DEAN OF FACULTY--Was it after two o’clock?
WITNESS--Yes, I am certain it was.
The DEAN OF FACULTY--Were these the pistols he brought with him? [The
pistols produced.]
WITNESS--No, not these; I did not say these, but another pair, since the
truth must be told. Do not think to trap me; you may make something of
me by fair means, but not by foul. I do not understand the meaning of
being thus teased by impertinent questions.
The DEAN OF FACULTY--The more violent the gentleman is, so much the
better for my client. The jury will take notice of the manner in which
he gives his evidence.
Lord ESKGROVE--My Lord Justice-Clerk, the witness should be told that he
ought not to talk in that manner to the counsel.
The LORD JUSTICE-CLERK [to witness]--Mr. Brown, you are going too far;
it is the duty of these gentlemen to put any questions to you which they
think proper, relating to the crime charged.
WITNESS--My Lord, in giving my evidence, I have said nothing but the
truth, and I have rather softened the matter than otherwise, with regard
to Mr. Brodie.
The DEAN OF FACULTY--At what hour, sir, did you go to the Excise Office
on the night you have mentioned, and when did you return to Smith’s?
WITNESS--As I was going down to the Excise Office the clock struck
eight, and I was back again at Smith’s house about nine o’clock.
Cross-examined by Mr. JOHN CLERK, for George Smith--Pray, sir, how do
you know that to be the key with which Mr. Smith opened the door of the
Excise Office? You said just now that you were not present when Smith
opened the door; that he was in before you arrived.
WITNESS--I know very well that that was the key, because I knew he made
it for that purpose.
Mr. JOHN CLERK--But how do you know that he opened the door with that
key on the 5th of March?
WITNESS--I know he made the key so far back as November last. I know the
key very well; there is not a key in five hundred like it. You will not
show me such a key in Edinburgh. There is no smith in this city could
make such a key.
Mr. JOHN CLERK--That is no answer to my question.
Public-domain text, read in full here on John Shaqi.
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