A final effort was now made on behalf of the prisoners. Counsel for Brodie stated a plea in arrest of judgment, in respect that the verdict found the panels guilty “of breaking into _the_ house in which the General Excise Office for Scotland was kept,” whereas it appeared from the evidence that there were, in fact, two separate and distinct houses occupied as the Excise Office. This objection was, after argument, repelled by the Court, and the prisoners were sentenced to death, their execution being appointed to take place on Wednesday, 1st October. When the sentence was pronounced, we are told “Mr. Brodie discovered some inclination to address himself to the Court, but was restrained by his counsel,” and contented himself with bowing to the bench. The prisoners were then removed to the Tolbooth, escorted by the City Guard, amid a great concourse of spectators, and the proceedings terminated. Æneas Morrison, the agent for Smith, adds the following particulars:--“The panels behaved in a manner different from each other, Smith appearing to be much dejected, especially at receiving his dreadful sentence, although in many instances he showed very great acuteness in his remarks upon the depositions of the witnesses and in the questions to them which he suggested. Mr. Brodie, on the other hand, affected coolness and determination in his behaviour. When the sentence of death was pronounced he put one hand in his breast and the other in his side and looked full around him. It is said that he accused his companion of pusillanimity, and even kicked him as they were leaving the Court. Thus ended a trial which had excited the public curiosity to an extraordinary degree, and in which their expectations were not disappointed. During the space of twenty-one hours--the time it lasted--circumstances continually followed each other to render it highly interesting, and more particularly to the gentlemen of the law, on account of the great variety and importance of the legal topics which were discussed and decided.” The prisoners were lodged in the condemned cell of the Tolbooth, along with two men, James Falconer and Peter Bruce, then under sentence of death for breaking into and robbing the office of the Dundee Banking Company. They were each chained by one foot to an iron bar, but a contemporary account records that “Brodie’s chain is longer than the rest, as he can sit at a table and write by himself. They have behaved tolerable well, considering the small room they have on the goad, which goes across the room, very securely fixed from one end to the other in the wall, and hath four divisions or places on which the chains are fixed, with strong iron supporters fastened into the stone floor, and each has a mattress to lie on opposite to himself.”