Brown and Mr. Ainslie soon thereafter, with an intention, as they first said, to go to bed. I think they said afterwards that they were going to play cards with Mr. Maclean. My master, George Smith, did not go out again that night. Cross-examined by the DEAN OF FACULTY, for Brodie--You have mentioned that Brown and Ainslie and the prisoners at the bar, when they first met, were a considerable while together. In what manner were they employed? WITNESS--I was for the most part down below in the back cellar; but they had some bottles of porter together, and either a cold fowl or some herrings to eat. The DEAN OF FACULTY--You have said that Mr. Brodie and Brown and Ainslie were frequently in your master’s house. What did they do when together; did you ever see them play at any game--at cards or at dice? WITNESS--I have often seen them play both at cards and at dice, sometimes in the kitchen and at others in the room above-stairs, but chiefly at dice, when Mr. Brodie was present. The LORD JUSTICE-CLERK--My Lord Advocate, is the witness now at liberty? I understand she has been detained in prison for some time past? The LORD ADVOCATE--There is no reason for detaining her any longer; she was only confined until her evidence should be given in this trial. The LORD JUSTICE-CLERK--Grahame Campbell, you are now at your liberty. [Sidenote: Mary Hubbart or Hubburt] 18. MARY HUBBART or HUBBURT was then called. Mr. JOHN CLERK, for Smith--My Lords, the witness now called is the wife of George Smith, the pannel at the bar, and therefore I object to her evidence being taken in this trial. The LORD ADVOCATE--My Lords, I certainly do not intend to examine this witness as to any particular that relates to the conduct of her husband, but I conceive that she is an unexceptionable witness against the other pannel, Mr. Brodie, and that I am entitled to examine her as to him, if I keep clear of any question that has a tendency to bring out the guilt of her husband. Mr. JOHN CLERK--My Lords, I desire your particular attention to this, that the two pannels are joined together in one indictment, that they are charged with being guilty of the same crime; and that they are in every respect in the same circumstances. I have no conception, my Lords, of any question tending to the crimination of Mr. Brodie that will not at the same time bring out the guilt of Mr. Smith. The LORD ADVOCATE--My Lords, that I may remove all apprehensions concerning the questions I mean to put, I shall only ask the witness whether Mr. Brodie was in her house on Wednesday, the 5th of March last; when he came there; and in what manner he was then dressed? Lord HAILES--My Lords, it is clear that this woman cannot be examined as a witness against her husband; but at the same time, although her husband and Brodie are here tried upon one indictment, I see nothing to prevent my Lord Advocate from putting such questions to her as do not affect her own husband, but only the other pannel.