Wilson's Tales of the Borders and of Scotland, Volume 17
General
Wilson's Tales of the Borders and of Scotland, Volume 17
Scottish Borders (Scotland) -- Fiction
from Collector Stark, and his pocket-book above another bed in another room
of the house, &c. Wherefore, on these crimes being confessed or proven, the
parties ought to be most severely and exemplarily punished with the pains
of law, in terror of others committing the like in time coming.
The indictment to the foregoing effect was read--the case debated, and the
Lords ordered both parties to give in informations.
On the 19th March 1736, the Lords found the libel relevant--but allowed
George Robertson a proof, with respect to his behaviour at the time stated,
for taking off the circumstances tending to infer his being accessory, or
art and part of the crimes libelled.
A jury was empannelled, and the trial proceeded. To give even notes of the
depositions on both sides would exceed our limits. We shall therefore
merely select the evidence of two or three witnesses, whose statements will
serve to form a continuation of our narrative, and pass over the remainder
as unnecessary for our purpose.
The first we shall adduce is the collector, the individual robbed.
James Stark, collector of excise, Kirkcaldy, aged forty-nine years or
thereby, married, solemnly sworn, purged of malice partial, counsel
examined and interrogated, depones time and place libelled--the deponent
being then upon his collection as collector of excise. He went to bed about
ten o'clock, and about an hour and a-half thereafter, he was waked out of
sleep by a noise and some chapping at the door of the room where he
lay--which door he had secured before he went to bed by screwing down the
sneck of the door--which noise the deponent at first imagined was
occasioned by some drunken people in the house; but afterwards, upon the
strokes on the door being repeated with violence, the deponent jumped out
of his bed, and heard the under part of the door of the bed-room giving
way, upon which the deponent laid hold upon two bags of money, which, with
the deponent's breeches, in which were about L.100 in gold, and bank notes
and silver, the deponent had put below his head when he went to bed; and
the deponent did then, in the confusion in which he was, put the table and
some chairs to the back of the door to stap the gap, and thereafter opened
the window, and returning to find the bags of money and his breeches, he
could only find one of the bags of money, and being in fear of his life, he
jumped out at the window with one of the bags of money, and fell at the
foot of the stair, the said window being just above the entry to the house,
and recovering himself a little, he went towards the corn-yard, and hearing
a person call out "Hold him," the deponent apprehending the voice to be
before him, he returned a few paces, and then perceiving a man standing or
walking at the foot of the stair, the deponent returned again to the yard,
where he hid the bag of money, and thereafter coming back towards the house
to hear what was a-doing, the deponent heard a knocking in the room where
Public-domain text, read in full here on John Shaqi.
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