WILLIAM BRODIE, sometime Wright and Cabinetmaker in Edinburgh, and
GEORGE SMITH, sometime Grocer there, both prisoners in the Tolbooth
of Edinburgh, You are indicted and accused at the instance of Ilay
Campbell, Esq., His Majesty’s Advocate, for His Majesty’s interest:
THAT ALBEIT, by the laws of this, and of every well-governed realm,
THEFT, more especially when attended with house-breaking, and when
committed by breaking into a house used or kept as an Excise
Office, or other public office, under cloud of night, and from
thence abstracting and stealing money, is a crime of an heinous
nature, and severely punishable: YET TRUE IT IS, AND OF VERITY,
That You, the said William Brodie, and George Smith, are both, and
each, or one or other of You, guilty actors, or art and part, of
the said crime, aggravated as aforesaid: IN SO FAR AS, upon the
night of the 5th day of March, last, in this present year of our
Lord 1788, or upon one or other of the days or nights of that
month, or of February immediately preceding, or of April
immediately following, You, the said William Brodie, and George
Smith, did, by means of false keys, or other instruments, wickedly
and feloniously break into the house in which the General Excise
Office for Scotland was then kept, in Chessels’s buildings, on the
south side of the High-street of Canongate of Edinburgh, within the
royalty or liberties of the city of Edinburgh, and county of
Edinburgh, and did thence feloniously abstract and steal money, to
the amount of Sixteen pounds Sterling, or thereby, consisting
partly of Bank-notes, and partly of silver and halfpence. And You,
the said George Smith, having been afterwards apprehended, and
brought before Archibald Cockburn, Esq., Sheriff-depute of the
county of Edinburgh, did, in his presence, emit three several
declarations; the first of date the 8th day of March, the second of
date the 10th day of March, and the third of date the 19th day of
March, all in this present year of our Lord 1788: And having
afterwards been brought before John Stewart, Esq.,
Sheriff-substitute of the said county, You did, in his presence,
emit a fourth declaration, of date the 17th day of July, likewise
in this present year 1788: The first of which declarations was
signed by the said Archibald Cockburn, the second and third by you,
the said George Smith, and the said Archibald Cockburn, and the
fourth by you, the said George Smith, and the said John Stewart.
AND FURTHER, You, the said William Brodie, having, in the month of
March last, when the said George Smith was committed to prison,
left Edinburgh, and fled from this country; and having afterwards
been brought back, and taken into custody, did, upon the 17th day
of July, in this present year 1788, in presence of the said
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