The only remaining circumstance brought in aid of the direct parole
testimony is the different articles which have been found in the house
of the prisoner or elsewhere, and which the prosecutor has attempted to
connect with the commission of the act which is the subject of the
libel. On this head I shall detain you but a moment, there not being the
shadow of evidence to connect any one of them with the prisoner so as to
afford a presumption, and far less evidence, of his guilt.
A dark lanthorn was found in his house, but there is not the appearance
of evidence that it was used at the perpetration of the crime in
question, or was ever out of Mr. Brodie’s own house. The utensil itself
is perfectly innocent. The useful part of it was found in the cock-pen,
and it is well known that cocks are chiefly fed by candle-light. There
were keys and pick-locks found in his house, but it was proved that
these are the ordinary implements of his trade, and not one of those
have been sworn to as having been used by the villains, who best knew
and described the whole mystery of the iniquity. Nay, the only
instruments that were used on that occasion in opening the locks or
forcing the doors were found at the bottom of Allan’s Close or
Warriston’s Close by the officers of justice, led by the other prisoner
Smith to the hole in which they were concealed; and not one of those
articles, being two crows, a key, a pair of curling irons, a coulter of
a plough, and two wedges, is proved to have been in any way connected
with Mr. Brodie, the three first of which Brown and Ainslie admit were
carried to the scene of action by Brown and Smith, while the two last
were stolen by themselves from a field near Duddingston.
True, indeed, it is, that a pair of pistols, which these witnesses say
were the property of the prisoner, Mr. Brodie, were found in a fireplace
in his house; but it is proved by the same witness that these pistols
had not been in the prisoner’s hands for a month before, when he had
lent them to Smith; that they were in Smith’s possession on the night
libelled; and the sheriff-officers have proven that it was Smith himself
who dug out these pistols in Mr. Brodie’s house, which demonstrates that
it was he who hid them there--a circumstance not very reconcilable with
his considering Mr. Brodie as an accessory, as in that case he could not
have chosen a more improper place to conceal them. In case of discovery,
it would become the object of the earliest and most anxious search.
Public-domain text, read in full here on John Shaqi.
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