The LORD ADVOCATE--My Lords, the circumstances which I meant to prove by the witness are so immaterial that I will give the Court no further trouble with the matter. I agree to pass from this witness. Lord ESKGROVE--I am very happy I am relieved from deciding it, as I was going to deliver an opinion for sustaining the objection. The LORD JUSTICE-CLERK--Mary Hibbutt, you are at liberty to go where you please. [Sidenote: Daniel Maclean] 19. DANIEL MACLEAN, waiter to William Drysdale, innkeeper in the New Town, called in and sworn. WITNESS--On the night of Wednesday, the 5th of March, on which the Excise Office was broken into, I was in company with John Brown and Andrew Ainslie in the house of one Fraser in the New Town from about half-past nine to eleven o’clock at night; we drank some punch together, and there was one Price and some others in company with us. I remember to have received a five-pound bank-note from the prisoner, George Smith, on the next night after the Excise Office was broken into, in order to purchase a ticket in the mail-coach for his wife to Newcastle. The note was battered on the back. I carried it to John Clerk, Mr. Drysdale’s book-keeper, but he could not change it, and therefore I applied to Mr. Drysdale himself, and then carried back the change of the note, after deducting the price of the ticket, to Mr. Smith. [Sidenote: John Clerk] 20. JOHN CLERK, book-keeper to the before-mentioned William Drysdale, called in and sworn. WITNESS--I remember that Daniel Maclean, Mr. Drysdale’s waiter, came to me the next night after the Excise Office was broken into for a ticket in the mail-coach to Newcastle for some person, and offered a five-pound bank-note in payment. I had not change myself, and therefore desired him to apply to Mr. Drysdale. He laid the bank-note upon the table, but I did not then look at it. Mr. Drysdale changed the note. On the Monday following I received it from Mr. Drysdale, with directions to carry it to the Sheriff-Clerk’s Office, which I did. [Sidenote: David Robertson] 21. DAVID ROBERTSON, merchant in Edinburgh, called in and sworn.