The facts brought out at the trial were, briefly, as follows:--A party of Excise officers, accompanied by some soldiers, had, in the previous July, gone to Dunoon and seized certain illicit stills, which they put on board their boat. Fergusson, a zealous freetrader, had rung the kirk bell, assembled a mob, who pelted the officers with stones, and, boarding the boat, had knocked down the two boatmen and attempted to carry off the stills. In these circumstances, M‘Farlane ordered Firmin to fire, which he did, killing Fergusson on the spot. The charge against Firmin was abandoned by the Lord Advocate in his address, as it was proved that he had only acted under orders; and the point for the jury to consider was whether M‘Farlane was justified in giving the order to fire in self-defence, in view of the danger to which the Excise party were exposed from the hostile mob behind them, had Fergusson succeeded in carrying off the boat. The jury unanimously found both panels not guilty. Thus did the Deacon, at the very time when all Edinburgh trembled at his depredations and the authorities were straining [Illustration: The Old Excise Office, Chessel’s Court, Canongate. (From a Drawing by Bruce J. Home.)] every nerve to discover the guilty author, calmly officiate upon a jury to judge of the crimes of others. But, although he may have laughed in his sleeve at this ironical situation--for he had a pretty wit, and doubtless relished the humour of it keenly--fate had prepared for him one yet more dramatic. A few months later he himself would sit in that dock on trial for his life, the same counsel would conduct the prosecution, the same judges occupy the bench; but the verdict would be a different one, and the sentence to follow upon it, death. * * * * * Undisturbed by any shadow of coming disaster, and emboldened by his previous successes, Deacon Brodie now decided to carry out a robbery upon a grander scale than any he had previously attempted, the daring and danger of which were commensurate with the advantages to be gained. The General Excise Office for Scotland was at that period kept in a large mansion, enclosed by a parapet wall and iron railing, situated in Chessel’s Court, Canongate. The building had formerly been occupied as a dwelling-house, and was by no means a secure repository for the great sums of money which in those days were collected there from all parts of the country. The Deacon, in his professional capacity, was familiar with the arrangements of the office, his men having at various times executed repairs on the premises. A connection of his, Mr. Corbett, of Stirling, too, was in the habit of coming to Edinburgh frequently on Excise business, and Brodie took the opportunity of accompanying him upon these occasions with a view to studying how the land lay.