23. Peggy Giles, servant to--Grahame, publican at Mutton-hole, near
Edinburgh.
24. Matthew Sheriff, upholsterer in Edinburgh.
Under protestation to add and eik.
ALEXANDER WIGHT, for the pannel.
The diet having been called “at the instance of Ilay Campbell, Esquire,
His Majesty’s Advocate, for His Majesty’s interest, against William
Brodie, sometime wright and cabinetmaker in Edinburgh, and George Smith,
sometime grocer there,” the Lord Justice-Clerk desired the pannels to
attend to the indictment then to be read.
Mr. NORRIS, Depute-Clerk of Court, then read aloud the indictment, after
which,
The pannels having been asked to stand up,
The LORD JUSTICE-CLERK--William Brodie, you have heard the indictment
raised against you by His Majesty’s Advocate--are you guilty of the
crime therein charged, or not guilty?
WILLIAM BRODIE--My Lord, I am not guilty.
The LORD JUSTICE-CLERK--George Smith, you have heard the indictment
raised against you by His Majesty’s Advocate for His Majesty’s
interest--are you guilty of the crime therein charged, or not guilty?
GEORGE SMITH--Not guilty, my Lord.
The LORD JUSTICE-CLERK then asked the counsel for the pannels if they
had any objection why the said indictment should not be remitted to the
knowledge of the assize.
Mr. CHARLES HAY--My Lords, I appear as counsel for William Brodie, the
prisoner at the bar. I do not observe anything in this indictment upon
which I can found an objection to the relevancy of it, and therefore I
will at present confine myself to a simple denial of the charge against
Mr. Brodie, and your Lordships will fall to pronounce the usual
interlocutor on the relevancy, in which the prisoner will be allowed a
proof of all facts and circumstances tending to his exculpation.
The SOLICITOR-GENERAL--My Lords, I desire to know the nature and
tendency of the exculpatory evidence proposed to be adduced, in order
that, in the course of leading the proof upon the part of the
prosecutor, we may be prepared to meet it.
The LORD JUSTICE-CLERK--It is not sufficient for the prisoner to deny
the charge if he intends to prove any facts in exculpation; it is but
fair to the public prosecutor and to the gentlemen of the jury that
these should now be mentioned that they may have them in their view in
the course of the trial.
Public-domain text, read in full here on John Shaqi.
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