The Lord Justice-Clerk and Lords Commissioners of Justiciary, having considered the verdict of assize, dated and returned this twenty-eighth day of August, against the said William Brodie and George Smith, Pannels, whereby the assize all in one voice find them guilty of the crime libelled; the said Lords in respect of the said verdict decern and adjudge the said William Brodie and George Smith to be carried from the bar back to the Tolbooth of Edinburgh, therein to be detained till Wednesday, the first day of October next, and upon that day to be taken furth of the said Tolbooth to the place fixed upon by the magistrates of Edinburgh as a common place of execution, and then and there, betwixt the hours of two and four o’clock afternoon to be hanged by the necks, by the hands of the Common Executioner, upon a Gibbet, until they be dead; and ordain all their moveable goods and gear to be escheat and inbrought to His Majesty’s use: which is pronounced for doom. ROBT. M‘QUEEN. DAV. DALRYMPLE. DAV. RAE. JO. CAMPBELL. JOHN SWINTON. The sentence having been read, Mr. Brodie discovered some inclination to address himself to the Court, but was restrained by his counsel. He thereupon respectfully bowed to the bench, and the pannels were removed to prison.[28] * * * * * The Court then rose. APPENDIX I. NOTES ON THE TRIAL OF DEACON BRODIE IN THE CONTEMPORARY REPORTS BY MORRISON AND CREECH. NOTE 1, page 83. This unhappy man was tried for sheep stealing in the year 1782, and condemned to be hanged. He afterwards received His Majesty’s pardon conditionally that he should be transported for life. Government having adopted no plan for the transporting of felons from Scotland since the loss of America, he has, owing to that circumstance, been detained so long in prison; and I am sorry to add that he is not the only sufferer from the same cause.--_Morrison._ NOTE 2, page 93. It is said that Mr. Learmonth very properly wrote immediately to the Sheriff-Clerk’s office, and the intelligence was from thence sent to the Procurator-Fiscal, who at the time was in the playhouse. He immediately went out and set off with Mr. Williamson, the messenger, to Geddes’s house in Mid-Calder, twelve miles from Edinburgh, and brought him in on Sunday morning with the letters.--_Creech._ NOTE 3, page 99. On taking the precognition at the Sheriff-Clerk’s chamber; a curious circumstance occurred respecting this black dog. Smith, the prisoner, was under examination, and the above witness, Kinnear, was also present. Kinnear had said to the Sheriff that he was at such a distance that he would not know the men, but he would know the dog, having been at one time near him. Soon after, a dog was making a noise and scraping at the door, which being opened, the above witness said, “There is the dog,” and it ran and fawned upon Smith.--_Creech._ NOTE 4, page 104.