The LORD JUSTICE-CLERK--What! After the Court have delivered their
opinions, it is not decent in you to propose to say anything, and I
apprehend the prisoners are in no danger of suffering anything by your
not being allowed to supply the defects of the Dean of Faculty.
Mr. JOHN CLERK--My Lord, the Dean of Faculty has no authority to plead
for my client.
The DEAN OF FACULTY then moved the Court to allow the general objection
to be entered upon record, and proposed to repeat it and refer to it as
often as any of the particular articles came to be produced in evidence,
which was accordingly agreed to, and the following interlocutor was
pronounced repelling the objection:--
The Lord Justice-Clerk and Lords Commissioners of Justiciary having
considered the foregoing debate, they repel the objection stated to
producing and founding on the articles specified in the objection
and mentioned in the indictment, and allow them to be adduced in
the course of the trial.
ROBT. M‘QUEEN, I.P.D.
The prosecutor, for proof of the indictment, then proceeded to adduce
the following witnesses, who were all lawfully sworn, purged of malice
and partial counsel, and emitted their depositions _viva voce_ in
presence of the Court and jury, without being reduced in writing, in
terms of the late statute.
Evidence for Prosecution.
[Sidenote: William Scott]
1. WILLIAM SCOTT, Procurator-Fiscal of the county of Edinburgh, called
in and sworn.
Examined by Mr. MURRAY--Mr. Scott, you know the prisoners at the bar?
Were you present when they emitted certain declarations before the
Sheriff-depute of Edinburgh and his substitute?
WITNESS--I was.
Mr. MURRAY--Look at these declarations, and tell the Court and the
gentlemen of the jury if they were emitted in your presence by the
pannel, George Smith, freely and voluntarily.
WITNESS--They were; and the prisoner appeared to me at the time cool and
recollected.
Mr. MURRAY--Look at this declaration. Was it emitted in your presence by
the other pannel, William Brodie, freely and voluntarily, and he was
cool and recollected?
WITNESS--It was emitted in my presence freely and voluntarily, and he
was cool and recollected.
Mr. MURRAY--Do you know anything concerning a warrant that was applied
for against William Brodie in the month of March last? If you do, tell
the Court and the gentlemen of the jury what happened in consequence of
it?
WITNESS--Upon the afternoon of Monday, the 10th of March last, I, as
Procurator-Fiscal, gave in a petition in my own name to the Sheriff of
Edinburgh, charging Mr. Brodie with breaking into the Excise Office, and
praying for a warrant to apprehend him. A warrant was accordingly
granted, and search diligently made for him that night, but he was not
found, and I afterwards learned that he had gone off for London on the
day preceding.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account