The trial of William Brodie and George Smith being at present in the
press for publication, Mess. Bruces furnished the publishers with the
following facts, in order that they might publish the same along with
the trial. These gentlemen, however, having declined to do so, as not
being any part of the trial, Mess. Bruces now take this opportunity of
laying before the Public the whole facts that have come out relative to
the breaking of their shop; which, they have too much reason to believe,
was meant to be concealed altogether. But, in justice to themselves,
they wish to lay the whole candidly before the Public; and shall only
add further that there is not one word in the following narrative but
what is consistent with truth.
In the course of the precognitions taken by the Sheriff respecting the
crimes committed by Brodie, Smith, Brown, and Ainslie, Mess. John and
Andrew Bruce, Merchants in Edinburgh, applied to the Procurator Fiscal
to know if any facts had come out respecting the breaking of their shop
at the head of Bridge Street; and always received for answer, that
whenever any thing occurred about breaking their shop, they would be
informed of it. The Procurator Fiscal, however, never gave the Mess.
Bruces any information on that head, although the very warrant on which
Smith and Ainslie were incarcerated in March last, bore that it was on
suspicion of breaking their shop.
When Smith and Brodie received their Indictment on the 19th of July
last, it then appeared that no crime was specified in the Indictment but
the breaking into the Excise Office. Mess. Bruces then applied to the
Procurator Fiscal to know if any thing had come out, or was taken down
in the precognition respecting the breaking of their shop; when he told
them that nothing had been taken down thereanent; though Mess. Bruces
were informed by Smith that he had, when examined before the Sheriff,
declared every fact concerning it.
Mess. Bruces were at a loss to account for this extraordinary neglect of
not taking down into the precognition all the facts that Smith had
declared relative to their shop. They were in justice entitled to this,
so as at least to have been satisfied in knowing who had done them the
injury; and it might have led to a complete proof of the fact, so as to
entitle them to restitution of the value stolen from them from the funds
of those who had been guilty of the crime. They signified to the
Procurator Fiscal that they wished still to have an examination of all
concerned. But this he declined, by saying it was impossible to do it
now--that they were indicted.
Mess. Bruce therefore drew up a memorial, and laid it before his
Majesty’s Advocate, in order to get, if possible, an examination
respecting the breaking of their shop; when his Lordship was pleased to
signify that it could still be done, and desired an application might be
made to the Sheriff for that purpose; which was done accordingly by a
Petition of the following tenor:--
Public-domain text, read in full here on John Shaqi.
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