1. Robert Forrester, banker.
2. Robert Allan, banker.
3. Henry Jamieson, banker.
4. John Hay, banker.
5. William Creech, bookseller.
6. James Carfrae, merchant.
7. John Kinnear, banker.
8. William Fettes, merchant.
9. John Milne, founder.
10. Dunbar Pringle, tanner.
11. Thomas Campbell, merchant.
12. Francis Sharp, merchant.
13. James Donaldson, printer.
14. John Hutton, stationer.
15. Thomas Cleghorn, coachmaker.
The jury being impanelled and furnished with pen, ink, and paper, and
copies of the indictment being laid before them, the Court ordered the
counsel for the prosecutor to proceed to the evidence.
At this stage, before the evidence was led,
Mr. WIGHT--My Lords, I likewise attend your Lordships on the part of Mr.
Brodie, and although there does not appear upon the face of this
indictment any sufficient ground for an objection to the relevancy of
it, yet there are some particulars of which I consider it my duty to
take notice; and, in order to save time and trouble to the Court, I
propose to do it now rather than hereafter.
The law of this country has been very careful to give unhappy men in the
situation of the prisoners every opportunity of preparing for their
trials; they are allowed fifteen days after being served with their
indictments; they are furnished with a list of the witnesses’ names and
designations who are to be adduced against them; and the declarations,
writings, and articles to be used in evidence in the course of the trial
are particularly specified. The present indictment, though not
irrelevant, is perhaps laid in the most vague and general manner I have
ever seen. Here there are certain letters and declarations founded on,
and other articles, such as a gold watch with a chain, and seal, and
key, a chest or trunk containing various articles, a five-pound
bank-note, an iron coulter of a plough, &c. These are mentioned in so
vague a manner as not to distinguish them from other articles of the
same kind, consequently in such a manner as not to give the pannels
proper opportunity of preparing for their defence. This is the more
inexcusable that all of these articles admitted of a more accurate
description.
[Here Mr. Wight was interrupted by the Court.]
The LORD JUSTICE-CLERK--Mr. Wight, these objections are out of place;
they ought to be stated when the articles you mention come to be
produced by the prosecutor.
The DEAN OF FACULTY--It is no doubt true that the objection to each of
these articles falls properly to be stated when they are founded upon by
my Lord Advocate; but it was thought proper and respectful to the Court
to state the general objection at this stage of the business in order to
save time.
The SOLICITOR-GENERAL--My Lords, I wish that Mr. Wight may be allowed to
proceed.
The LORD JUSTICE-CLERK--Mr. Wight, go on.
Public-domain text, read in full here on John Shaqi.
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