II.

Facsimile of Deacon Brodie’s Letter to the Duchess of Buccleuch. (From the original in Dr. David Laing’s collection of MSS. in the Edinburgh University Library.)Facsimile of Deacon Brodie’s Letter to the Duchess of Buccleuch. (From the original in Dr. David Laing’s collection of MSS. in the Edinburgh University Library.)Facsimile of Deacon Brodie’s Letter to the Duchess of Buccleuch. (From the original in Dr. David Laing’s collection of MSS. in the Edinburgh University Library.)

of my Sentence. But 1 believe little respect is paid to such Aplications unless supported by respectable Personages. With which view I now most humbly Beseech your interposition and interest in support of this aplication making at London in my behalf and if possible prevent me from suffering an Ignominious Death to the disgrace of my numerous conections, even if it were to end my days at Bottony Bay.I have wrote more fully upon this subject to His Grace the Duke of Buccleugh.As the time appointed for my Disolution aproaches fast, I most earnestly intreat no time may be lost in writing to London in my behalf.I now most humbly Beg that you will pardon this Presumption in one of the most unfortunate of the Human Race and whatever may be the result of this Aplication, I shall ever pray for your welfare and hapiness.I am with the greatest respect Right Honble SirYour most obdt and huble Sertbut most unfortunateWill: Brodie.Edinr Tolbooth10th Sepr 1788

I have wrote more fully upon this subject to His Grace the Duke of Buccleugh.

As the time appointed for my Disolution aproaches fast, I most earnestly intreat no time may be lost in writing to London in my behalf.

I now most humbly Beg that you will pardon this Presumption in one of the most unfortunate of the Human Race and whatever may be the result of this Aplication, I shall ever pray for your welfare and hapiness.

I am with the greatest respect Right Honble SirYour most obdt and huble Sertbut most unfortunateWill: Brodie.

Edinr Tolbooth10th Sepr 1788

[To Her Grace The Duchess of Buccleuch.]

Madam,Lett me beseech your Ladyship to pardon My Boldness in making the present address.The wretched can only fly to the Humane and the powerfull for Relief.As my triall is printed, it would Ill suit me to make any reflections on the unfortunate Issue; and this much I am convinced of, that the Current of Popular prejudice is so strong against me, that it will be well with me if I can Rescue my Life on any terms; and tho’ my friends are making aplication above, I have little hopes of the success, unless some Respectable Characters who have had an oportunity of knowing something of those I have come of, and of my former life, Interest themselves in my behalf.With all the fortitude of a man, I must confess to you, Madam, that I feel the Natural horror at Death, and particularly a violent Ignominious Death, and would willingly avoid it even on the condition of spending my Future years at Bottony Bay.In that Infant Collony I might be usefull, from my knowledge in severall Mechanical branches besides my own particular Profession; and if your Ladyship and your most Respectable friend The Right Honble Henry Dundas, would Deign to Patronise my Suit, I would have little Reason to Doubt the Success. Capt John Hamilton too I think would be ready to assist in any measure Sanctified by your Ladyship.Lett me again intreat you to Pardon my Boldness. My time flies apace, and the hand of Death presses upon me. Think for one moment, but no longer, what it is to be wretched, Doomed to Death, helpless, and in Chains, and you will excuse an effort forlife from the most Infatuated and miserable of Men, who can confer no Compliment in subscribing HimselfMadam,Your Ladyships Devotedhuble SertWill:M Brodie.Edinr Tolboothin the Iron Roomand in Chains10th Sepr. 1788.P.S.I have requested Mr. Alexr Paterson my agent to Deliver this in Person to your Ladyship.W. B.

Madam,

Lett me beseech your Ladyship to pardon My Boldness in making the present address.

The wretched can only fly to the Humane and the powerfull for Relief.

As my triall is printed, it would Ill suit me to make any reflections on the unfortunate Issue; and this much I am convinced of, that the Current of Popular prejudice is so strong against me, that it will be well with me if I can Rescue my Life on any terms; and tho’ my friends are making aplication above, I have little hopes of the success, unless some Respectable Characters who have had an oportunity of knowing something of those I have come of, and of my former life, Interest themselves in my behalf.

With all the fortitude of a man, I must confess to you, Madam, that I feel the Natural horror at Death, and particularly a violent Ignominious Death, and would willingly avoid it even on the condition of spending my Future years at Bottony Bay.

In that Infant Collony I might be usefull, from my knowledge in severall Mechanical branches besides my own particular Profession; and if your Ladyship and your most Respectable friend The Right Honble Henry Dundas, would Deign to Patronise my Suit, I would have little Reason to Doubt the Success. Capt John Hamilton too I think would be ready to assist in any measure Sanctified by your Ladyship.

Lett me again intreat you to Pardon my Boldness. My time flies apace, and the hand of Death presses upon me. Think for one moment, but no longer, what it is to be wretched, Doomed to Death, helpless, and in Chains, and you will excuse an effort forlife from the most Infatuated and miserable of Men, who can confer no Compliment in subscribing Himself

Madam,Your Ladyships Devotedhuble SertWill:M Brodie.

Edinr Tolboothin the Iron Roomand in Chains10th Sepr. 1788.

P.S.I have requested Mr. Alexr Paterson my agent to Deliver this in Person to your Ladyship.

W. B.

Speech which George Smith intended to have made to the Courtand Jury at his Trial.

George Smithwas taken into custody on Saturday morning, the 8th of March, upon the information of John BrownaliasHumphry Moore. On Monday, the 10th, remorse of conscience seized his mind, and he sent to the Sheriff, wishing to make a clean breast, and to tell the truth. From that time he has all along been humble, penitent, and resigned.

At his trial he intended to have pled guilty but was prevailed upon to take his chance of a trial. He meant to have asked for mercy on the ground of making an ample confession of the crimes committed and to be committed, and had prepared a speech in writing to that purpose, which he intended to have read.

On the Friday before the trial, Smith wrote a letter to the Board of Excise, saying that he was not to give them any trouble, for he would plead guilty.

By means of a humane and benevolent clergyman who attended this unhappy man with the most feeling solicitude and earnest discharge of duty during his imprisonment, we have been favoured with this speech, and the catalogue of crimes which were to have been perpetrated, which will strike every reader with horror and amazement.

It is in his own handwriting, and will be deemed curious by the public. It is remarkable that Smith spells much better in his writing than Brodie.

The speech is as follows:—

My Lords, and Gentlemen of the Jury,

I stand before this Tribunal, so dreadful to the guilty mind, a victim, in the first instance, to private revenge. The principal informer against me had suddenly become my mortal enemy, and thought of nothing, I fear, when he went to the Sheriff-clerk’s Office, but my single ruin. I pray God to forgive him this cruel wrong, as I do from my heart.

Since I was committed to prison, it has been said against me that I was formerly a Smith by occupation, and made the keys that opened the Excise Office and other places; neither of which aretrue. I never was a Smith, nor ever made a key. Old keys were bought, and the wards of them altered; but I was not by any means the best in the execution.

It may be remembered against me that I tried to break out of prison. But, not to dwell upon the love of life, and the dread of an ignominious execution, both of which are so natural and strong, I not only sincerely repented of having made the attempt, but, as a proof of my sincerity, and, I humbly trust, as some kind of atonement, I prevented Peter Young and three others from doing so—who, with myself, could afterwards have escaped from prison—by freely discovering the plot to the turnkey.

I have, moreover, been falsely accused of advising my unfortunate wife not to speak at all when she should be brought to this Court; but I solemnly declare that the worst advice I ever gave her on that head, was to speak the truth. I have no fear of her evidence affecting my life. To make the wife the witness in law against the life of her husband, would be barbarous in any country. My great security here is that the justice and humanity of this country forbid it.

It was my full confession on my first imprisonment, that has made my offences capital. I have destroyed myself, otherwise no evidence could have condemned me.

I made that confession to prevent more dreadful mischief being done to this injured country from persons whom it least suspected; for God, who seeth in secret, only knows where the evil would have stopped. And, if possible, to make some small reparation for the violent wrongs I have myself been guilty of, I request the indulgence of the Court to suffer me to read over a list of such robberies as my accomplices and myself had determined to commit, had we not been timeously prevented.

[Besides these, and as depredations of greater magnitude,]

8. The Bank of Scotland (or Old Bank) was to have been broke into.

9. The Stirling Stage Coach, carrying a thousand pounds to pay the Carron workmen, was to have been stopped and robbed.

10. Mr. Latimer, Collector of Excise for the Dalkeith district, reported to have generally from one to two thousand pounds, was to have been robbed.

I do not here speak of those felonies which are set forth in my declarations, because some of them were made known by another.

With all humility, therefore, and a trembling heart, I urge the plea of having been the true cause—whatever may seem, or may be endeavoured to be proved to the contrary—of this wicked and dangerous confederacy being discovered and broken up, trusting my life to this one plea, and secure that it will have its full weight in the breasts of a discerning, unbiassed, and merciful Jury.

My most thankful acknowledgments are humbly returned to your Lordships for the appointment of such able and humane Counsel to plead for me. Forgive me for declining their kind help.

I have no warrant to be farther troublesome. My guilty conscience, in place of every other accuser and distress, has brought me to confess crimes for which avenging justice will sentence me to die, and I deserve my doom. I throw myself entirely on the mercy of the Court.

My Lords, to the charge brought against me in the Indictment, I Plead Guilty.

An Account of the Execution of the Prisoners, and theirBehaviour after their Conviction.(From Contemporary Sources.)

William Brodieappears to have been a man of a most singular and unaccountable character. During his confinement, and from the time of his receiving sentence till his execution, which was thirty-four days, he showed a mixture of character almost incredible. At times serious and sensible of his situation; and the next moment displaying jocularity and humour. He appeared to possess an undaunted resolution and at times even a daring boldness, frequently turning to ridicule his situation and the manner of his exit, by calling it “a leap in the dark.” This disposition continued with him till almost the last moment of his existence.

He declared that, notwithstanding the censures and opinion of the world he was innocent of every crime excepting that for which he was condemned; and endeavoured to extenuate his guilt by saying that the crime for which he suffered was not a depredation committed on an individual, but on the public, who could not be impressed by the small trifle the Excise was robbed of. The hopes of obtaining a pardon or an alteration of his sentence to transportation seems strongly to have impressed his mind. In this view he immediately occupied himself in writing letters, and many of them were sensible, forcible, and well written; in particular, one to the Duke of Buccleugh, requesting his interest to be sent to Botany Bay. He complained much or the interruption he met with from the ministers attending him, and his fellow-convicts’ singing of psalms, &c. Applications were also made to the jury, to the magistrates, and counsel, and many others, to second this view; and it was natural and commendable in his friends to use every exertion in his favour. The examples, however, of a Lord Ferrers, a Dr. Dod, the Perreaus, and Ryland, the King’s engraver, are convincing proofs that the laws are not to be infringed with impunity, and that justice is impartial.

The situation of criminals in the prison of Edinburgh, after condemnation, is, from unavoidable circumstances, peculiarly irksome. They are chained by one leg to a bar of iron, along side of which they may walk; and their bed is made by the side of it. Mr. Brodie was allowed a longer chain than usual, a table and chair, with pen, ink, and paper; and the visits of any of hisfriends and acquaintances he wished to see, till the night before his execution, when none were permitted to visit him but clergymen.

To the same bar of iron on which he was chained, were, on this singular occasion George Smith, and two men condemned for robbing the Dundee Bank. Brodie was offered a separate room, but declined it.

Smith was uniformly devout and penitent—relished the conversation of clergymen, and joined fervently in religious exercises. Brodie said, upon some of these occasions, that he was so much employed with his temporal concerns he could not attend to them; but, when his business was finished, he would hear the clergymen. He remarked that the best of men had not thought it improper to employ even their last moments in the concerns of this world; that he was standing on his last legs, and it behoved him to employ his time sedulously; that he was determined to die like a man, and recommended the same to his fellow-sufferers. At times, however, he conversed with the clergy, and joined in their devotions. His conversation upon these occasions was directed to the principles of natural religion, not to the doctrines of revelation.

He lamented to a friend the impropriety of his first pursuits in life; that his inclinations at an early period led him to wish to go to sea; and though he did not possess much bodily strength, yet his courage and resolution were undaunted; that, instead of being in that disgraceful situation, his country might have looked up to him with admiration, and he might have been an honour to himself and family.

In the course of this trial he appears to have been naturally mild tempered and humane, but without principles of conduct, and easily led to crime. He writes in his letters affectionately of his children.

On the Friday before his execution he was visited by his daughter, Cecil, a fine girl of about ten years of age. The feelings of a father were superior to every other consideration, and the falling tears, which he endeavoured to suppress, gave strong proofs of his sensibility; he embraced her with emotion, and blessed her with the warmest affection.

On the Sunday preceding his execution a respite of six weeks arrived for Falconer and Bruce, the two people condemned for robbing the Dundee Bank. The news made Brodie more serious for a little time than he had before been, and he expressed his satisfaction at the event, declaring that it gave him as much pleasure as if mercy had been extended to himself. On Smith observing, “Six weeks is but a short period,” Brodie, with some emotion, cried out, “George, what would you and I give for six weeks longer? Six weeks would be an age to us!”

He made frequent inquiries about the alterations that were making at the place of execution, which his friends declined answering out of tenderness. He observed that the noise made by the workmen was like that of shipbuilders; but for the short voyage he was going to make he thought so much preparation was unnecessary. On being visited by a friend on the Sunday evening he, with great calmness and composure, gave the needful directions respecting his funeral, and acknowledged with gratitude the attention that had been paid him during his confinement.

On the Monday preceding his death, at the request of George Smith, the two prisoners, Falconer and Bruce, for whom a respite had been obtained, were removed from the room in which theyhad all been confined. They parted from their companions in misery with great feeling and sensibility, and during the process of taking off their chains, Mr. Brodie, with great calmness, remained an unaffected spectator. Nothing appeared capable of shaking that fortitude which had attended him during the whole of his confinement.

On Tuesday morning, the day before his execution, a gentleman, who was visiting him, occasionally remarked the fatal consequences of being connected with bad women, and in how many instances it had proved ruinous. He began singing, with the greatest cheerfulness, from the “Beggar’s Opera”—“ ’Tis woman that seduces all mankind.” The gentleman reproved this levity, but he sang out the song.

On the Tuesday evening, the 30th of September, the magistrates gave an order that none should be admitted to him but clergymen—a report having prevailed that there was an intention of putting self-destruction in his power. But of this order he complained, appearing to have full conviction of the dreadful consequences attending the crime of suicide; and declared that if poison was placed on one hand and a dagger at the other he would refuse them both, and not launch into eternity with the horrid crime of self-murder to account for—he would submit to the sentence of the laws of his country, and would wait his fate with calmness and composure.

The nearer the fatal moment approached the greater his resolution and fortitude appeared, without any adventitious aid, his manner of living being rather abstemious. He astonished every one that conversed with him, and his courage and magnanimity would have rendered his name immortal had he fallen in a good cause.

Late in the evening, while he was inveighing with some acrimony on the cruelty of not admitting his friends to him, he was suddenly agitated by hearing some noise, and, turning to Smith, he said, “George do you know what noise that is?” “No,” said Smith. “Then I’ll tell you; it is the drawing out of the fatal beam on which you and I must suffer to-morrow! I know it well.” Soon after eleven he went to bed, and slept till four in the morning, and continued in bed till near eight o’clock without discovering any symptoms of alarm at his approaching fate.

At nine o’clock the next morning (Wednesday, 1st October) he had his hair fully dressed and powdered. Soon after a clergyman entered and offered to pray with him. Mr. Brodie desired he might use despatch, and make it as short as possible. During the remainder of his time he was employed in the most painful of all trials—parting with his friends, which he did with the utmost fortitude and composure.

At eleven o’clock he wrote the following letter to the Lord Provost, in a strong, firm hand:—

Edinburgh, Tolbooth,Oct. 1. 1788, Eleven o’clock.My Lord,As none of my relations can stand being present at my dissolution, I humbly request that your Lordship will permit —— to attend, it will be some consolation in my last hour; and that your Lordshipwill please give orders that my body after be delivered to —— and by no means to remain in goal; that he and my friends may have it decently dressed and interred. This is the last favour and request ofYour most obedient,but most unfortunate,Will. Brodie.

Edinburgh, Tolbooth,Oct. 1. 1788, Eleven o’clock.

My Lord,

As none of my relations can stand being present at my dissolution, I humbly request that your Lordship will permit —— to attend, it will be some consolation in my last hour; and that your Lordshipwill please give orders that my body after be delivered to —— and by no means to remain in goal; that he and my friends may have it decently dressed and interred. This is the last favour and request of

Your most obedient,but most unfortunate,Will. Brodie.

About eleven o’clock the chains which had been on Mr. Brodie’s legs since his condemnation were taken off. He was then visited by a few select friends, with whom he conversed with the greatest composure.

About one o’clock he ate a beef-steak and drank some port wine, and during this last repast he made some ludicrous remarks to Smith.

At two o’clock the guard marched up and surrounded the place of execution, at the west end of the Luckenbooths, and soon after the captain on duty informed the magistrates, in the Council Chamber, that all was ready. The magistrates then put on their robes of office; with white gloves and white staves, and followed by the clergymen in black gowns and bands, proceeded from the Council Chamber to the prison, attended by the proper officers.

At two o’clock a message came from the magistrates that they were in waiting, upon which Mr. Brodie said he was ready. He accordingly went downstairs, insisting that Smith should go first. Upon passing the room that Bruce and Falconer were in he took his farewell of them through the grate of the door, observing that, as His Majesty had given them a respite of six weeks, he did not doubt but he would at last grant them a pardon. When he entered the west stair a glass of cinnamon water was given him by some of his friends, with whom he still conversed most familiarly.

The magistrates reached the scaffold about ten minutes after two. The two senior magistrates only attended, as the other two gentlemen in the magistracy happened to have been on the jury of the unfortunate criminals; and in this singular case it was certainly a very becoming delicacy to excuse their attendance.

About a quarter past two the criminals appeared on the platform. When Mr. Brodie came on his scaffold he bowed politely to the magistrates and the people.

Brodie, at the first view of the immense multitude of spectators and the dreadful apparatus, said, “This is awful!” On passing a gentleman he asked how he did, and said he was glad to see him. The gentleman answered he was sorry to see Mr. Brodie in that situation. Brodie replied, “It isfortune de la guerre.”

Brodie had on a full suit of black, his hair dressed and powdered; Smith was dressed in white linen with black trimming. They were assisted in their devotions by the Rev. Mr. Hardie, one of the ministers of the city, and the Rev. Mr. Cleeve, of the Episcopal, and Mr. Hall, of the Burgher persuasion. They spent some time in prayer, with seeming fervency. Brodie knelt, laying a handkerchief under his knees. He prayed by himself, nearly as follows:—“O Lord,-I acknowledge Thee as the Great Ruler of the world; although I lament much that I know so little of Thee, This much, however, I know, that Thou are a merciful God, and that, as I am a great sinner, Thou wilt have mercy upon me, through the merits of Thy Son Jesus Christ. O Lord, receive my soul! Into Thy hands I resign it. Amen.”

When the devotions were over the great bell began to toll at half-minute pauses, which had an awful and solemn effect. Whenthe executioner proceeded to bind his arms, Mr. Brodie requested that it might not be done too tight, as he wished to have the use of his hands, at the same time assuring his friends that he should not struggle. The criminals put on white night-caps; and Smith, whose behaviour was highly penitent and resigned, slowly ascended the platform, raised a few feet above the scaffold, and placed immediately under the beam where the halters were fixed. It is said Brodie tapped Smith on the shoulder, saying, “Go up, George; you are first in hand.” He was followed by Brodie, who mounted with alertness, and examined the dreadful apparatus with attention, particularly the halter designed for himself, which he pulled with his hand. It was found that the halters had been too much shortened, and they were obliged to be taken down to alter. During this dreadful interval Smith remained on the platform trembling, but Brodie stepped briskly down to the scaffold, took off his night-cap, and again entered into conversation with his friends, till the ropes were adjusted. And though the dreadful moment of death was thus prolonged, he did not complain, but apologised himself by saying that it was on a new construction, and wanted nothing but practice to make it complete. He then sprang up again upon the platform, which was raised much higher than on former executions, but the rope was still improperly placed, and he once more descended, showing some little impatience, and observed that the executioner was a bungling fellow, and ought to be punished for his stupidity—but that it did not much signify.

Before he ascended the platform the last time he was addressed by his fellow-sufferer, George Smith; they then shook hands, and parted. Having again ascended, he deliberately untied his cravat, buttoned up his waistcoat and coat, and helped the executioner to fix the rope. He then took a friend, who stood close by him, by the hand, bade him farewell, and requested he would acquaint the world that he was still the same, and that he died like a man. Then pulling the night-cap over his face, he folded his arms, and placed himself in an attitude expressive of firmness and resolution. Smith (who during the interruption, had been in fervent devotion), soon after the adjustment of the halters, let fall a handkerchief as a signal, and a few minutes before three o’clock the platform dropped, and they, were launched into eternity, almost without a struggle.

The crowd of spectators within the street, in view of the place of execution, it has been calculated, could not have been less than 40,000, great numbers having come from all parts of the country. Luckily no accident of any consequence happened, which was much to be feared from the greatness of the crowd. One of the city officers fell from the platform to the top of the building where it was erected, and was considerably cut and bruised, but we hear not dangerously.

Brodie neither confessed nor denied the crime for which he suffered. To a gentleman who visited him the day before the execution, he said he thought it was hard to suffer for such a paltry sum, and appealing to Smith, he said, “George, it was not more than four pounds a piece.” Smith answered he did not think it was so much, but he (Brodie) should know, for he counted the money.

Smith, with great fervency, confessed in prayer his being guilty and the justice of his sentence.

Much anxiety was shown that Brodie’s body might not be detained in prison, and after the magistrates retired a vein wasopened. It is said other means of recovery were used after it was taken away, but the neck was found to be dislocated.

Thus fell William Brodie, a just sacrifice to the laws of his country, and whilst we lament his fate we cannot but admire that impartiality, that integrity with which justice is administered; for however great, respected, or exalted the culprit, it affords no shield to protect from punishment or save from disgrace. This feeling would here suggest to bury with his bones his crimes, his follies, and his errors; and whilst we profit by his example, we cannot but lament how improperly those abilities were applied which might have done an honour to himself and family. His untimely fate claims the tribute of a tear, for if those who possess fortitude, courage, benevolence, and humanity claim our admiration, such was William Brodie.

The Old Excise Office.(From theDaily Reviewof 24th January, 1873.)

Oneafter another houses rich in historical associations and of a character that rendered the Old Town of Edinburgh remarkable, are being swept away by our Improvement Trustees. Their disappearance, while undoubtedly required for the sake of the sanitary welfare of their neighbourhoods, must excite in the minds of many a twinge of regret on several accounts; and as in the case of remarkable men, we cannot suffer their removal from the places that knew them so long to take place without directing attention to their distinctive features and history.

A tenement that would be a fit subject for antiquarian research is being levelled with the ground at present in the Nether Bow. It was one of the finest specimens of a class of houses which extended nearly the whole length of the High Street in former times—having wooden fronts projecting four or five feet in front of the masonry, thus giving the erection a more pasteboard appearance than the labourers who pull them down find to be in reality the case. While glass was still a luxury, and light to be enjoyed had to be sought for outside the dwelling, the old Edinburgh citizen, when building his house, took care to erect in front of its windows a wooden balcony, resting on sturdy pillars, that rose to the edge of the roof. Thus a piazza was formed on the ground floor under which the wares of the shop-keepers of the period were exposed, and a series of galleries above, where the burghers would step out from their houses of an evening to enjoy the air, and particularly the light, while watching the passers-by below, and where their children would play when the rain made the street not so agreeable for that purpose. In course of time, when glass came generally into use, the front of these balconies was boarded up and pierced with windows, and in many cases the shops below advanced a step, so as to keep flush with the frontage above. Hence the singular appearance of many of these tenements. Of this class was the old Excise Office. Its front was somewhat ornamental. Neat wooden pilasters divided the windows from each other. At its eastern corner, immediately below Baron Grant’s Close, an outside stair that projected into the street before the alterationwe describe led to a spiral stair, over the door leading to which was the pious inscription, “Devs Benedictat,” and the date 1606. From this it would seem that the building was anything but new when taken possession of by the Hanoverian Excisemen. It is probable that it lodged more gentle persons and people who were held in better estimation than the officials that were regarded as the detested fruit of the Union. They took possession of the premises soon after that event in our history, stuck up the Royal arms on the face of the building, and set themselves to levy duty on the merchandise that entered the city by its principal gate, the Nether Port, the then direct avenue from the neighbouring seaport. Since George the Second’s reign the Excise Office has had many a shift, and the building in Nether Bow many other strange occupants. While the character of the latter has been steadily declining, the prosperity of the Excise has been as uniformly increasing. The office was shifted to a more commodious house in the Cowgate, pulled down subsequently for the southern piers of George IV. Bridge; then to a house in Chessel’s Court, in the Canongate, where the notorious Deacon Brodie committed his great robbery; next to Sir Lawrence Dundas’ mansion in St. Andrew Square; afterwards to Bellevue House, in Drummond Place, since pulled down; and subsequently to where it is now. Two closes passed underneath the old Excise Office tenement; one was Baron Grant’s Close, and the other Society Close. The Baron’s fame has not descended to these days, and his name only lives on the wynd that once was his. But the other close has had rather a remarkable history. On its west side there was a curious old house with the following inscription over its main door:—“R. H. Hodie mihi eras tibi cur igitur curas.” The date was obliterated by time. A curious turnpike stair led to the flats above. The tenement was the property of Aleson Bassendyne, the famous old Scottish topographer, who issued, in 1574, a beautiful folio Bible. The close at first bore his name; subsequently it was called after a Baron of Exchequer belonging to the house of Panmure, and last of all Society Close, from the circumstances that in a large stone mansion which the judge occupied, at the foot of the close, was afterwards housed the Society for the Propagation of Christian Knowledge founded in 1701, and erected into a body corporate by Queen Anne. There were many other buildings in the narrow wynd of great age and much interest, but they have been swept away. Now that these buildings have been removed, the obstruction presented to the traffic of the street by John Knox’s house and church is more observable. But we would suffer much greater inconvenience ere we consented to the removal of the house of our venerable Reformer.

An Account of the Proceedings against John BrownaliasHumphry Moore at the Old Bailey in April, 1784.

Humphry Moore was indicted for feloniously stealing, on the 5th of February last, twenty guineas, value £21, and four piecesof foreign gold coin called doubloons, value £14 8s., the property of John Field, in the dwelling-house of John Brown.

The material circumstances of this case, as they appeared in evidence, were as follow:—The prosecutor, John Field, was walking along James Street, Convent Garden, when a person unknown joined company with him, and soon afterwards picked up a purse which was lying at a door. The prosecutor was persuaded to go to a public-house with him, being told that he was entitled to half the contents. From one end of the purse the stranger produced the following receipt:—“Feb. 2. 1784.—Bought of William Smith, one brilliant diamond-cluster ring, value £210, and received at the same time the contents, in full of all demands, by me, William Smith;” and from the other end he pulled out the ring itself. In the course of the conversation the prisoner entered the room, praised the beauty of the ring, and offered to settle the division of its value. Upon the stranger’s lamenting that he had no money about him, the prosecutor said that he had forty or fifty pounds at his lodgings at Chelsea. “That sum will just do,” said the prisoner. A coach was immediately called, and all three were drawn to the prosecutor’s lodgings. The prosecutor and stranger went into the house, leaving the prisoner at the Five Fields, and they afterwards joined him at the Cheshire Cheese. The prisoner said, “I will give you your share of the ring if you will be content until to-morrow.” The prosecutor put down twenty guineas and four doubloons, which the stranger took up and carried away, leaving the ring with the prosecutor, and appointed him to meet next day to have the money returned and £100 for his share of the ring. The prosecutor attended the next morning at the place of appointment, but neither of the parties came. The ring was of a very trifling value.

The jury were of opinion that the prisoner was confederating with the person unknown for the purpose of obtaining the money by means of the ring, and did therefore aid and assist the person unknown in obtaining the twenty guineas and four doubloons from the prosecutor. They accordingly found him guilty of stealing, but not in the dwelling-house subject to the opinion of the twelve judges whether it was felony.

Mr.Justice Willes(after stating the indictment and the circumstances that appeared in evidence, proceeded thus)—This matter was submitted to the opinion of all the judges, the first day of last Michaelmas term, except Lord Mansfield, who was absent, and they all agreed in the distinction between the parting with the possession and the parting with the property; that in the first case it was a felony, and in the last case it was not. Nine of the judges were of opinion that in this case possession only was parted with, it being merely a pledge, till the supposed value of the ring was delivered. Two of the judges thought that the doubloons were the same as money, and were of opinion it was a loan, and was a parting with the property; but nine of the judges were of opinion it was felony, and the judges could not distinguish this from the following case of the King and Patch. The prisoner was indicted for stealing a watch and some money. He picked up a ring and a purse in the street, and, pretending he had found it, offered to divide the money with the prosecutor, and opening the purse there was a ring and bill of parcels, stating the ring to be a diamond one, of£147 value, and a receipt for that sum. Different modes were proposed for the distribution; at last the prisoner asked the prosecutor if he would give him his money and watch and take the ring? Two other men that were in company took up the watch and money, and the prisoner got the prosecutor out of the room, under pretence he had something particular to say to him, and the two men ran away with the watch and money. The prosecutor was uneasy, and the prisoner said he knew the two men. The prisoner was apprehended, and the ring was found to be of the value of 10s. only. It was objected by the counsel for the prisoner that it was not a felony. But Mr. Justice Gould, Mr. Baron Perryn, and Mr. Justice Buller held it should be left to the jury to say what was the intention of the prisoner to get the money and watch, for if the whole was a scheme of the three men, it was felony, according to the case of the King and Peers, where a horse was hired for the day by two men who went directly and sold him; and Mr. Justice Gould left it to the Jury whether the prisoner and the other two men were not all in concert together. Upon the whole, therefore, of your case the majority of the judges are of opinion that you are guilty of the felony, and not merely of a fraud, and that judgment must be passed upon you accordingly.

Mr.Recorder—Humphry Moore, when upon your trial I reserved this case; it was not from any doubt of your guilt, but doubting whether it was of that kind to support the indictment. That doubt has been submitted to the opinion of all the judges, and a great majority of them have concurred in opinion that the indictment was sufficiently supported, by the circumstances given in evidence against you. I never entertained any doubt that the offence of which you was clearly proved to be guilty, was deserving of as high a punishment as any felony committed under similar circumstances. If, therefore, no doubt in point of law had occurred I should have passed sentence upon you, to be transported for seven years. No reason occurs to me now for changing that opinion of your offence, but as the necessity of laying your case before the judges has occasioned some delay since your conviction, I shall take care the term of your transportation shall be computed accordingly. Therefore the sentence of the Court is, that you, Humphry Moore, be transported beyond the seas, for the term of seven years from the time of your conviction, to such place or places as His Majesty, by the advice of his Privy Council, shall think fit to direct or appoint.

FOOTNOTES:[1]See Appendix I.,Note 1.[2]See Appendix I.note 2.[3]See Appendix I.note 3.[4]See Appendix I.note 4.[5]See Appendix I.note 5.[6]See Appendix I.note 5.[7]See Appendix I.note 6.[8]See Appendix I.note 7.[9]See Appendix I.note 8.[10]See Appendix I.note 9.[11]SeeAppendix XVII.[12]See Appendix I.note 10.[13]See Appendix I.note 11.[14]See Appendix I.note 12.[15]See Appendix I.note 13.[16]See Appendix I.note 14.[17]See Appendix I.note 15.[18]See Appendix I.note 16.[19]See Appendix I.note 17.[20]See Appendix I.note 18.[21]See Appendix I.note 19.[22]See Appendix I.note 20.[23]See Appendix I.note 21.[24]See Appendix I.note 22.[25]See Appendix I.note 23.[26]See Appendix I.note 24.[27]Now the Head Office of the Royal Bank, St. Andrew Square.[28]See Appendix I.note 25.[29]The title of this member was Sir Nun and Abbess.

FOOTNOTES:

[1]See Appendix I.,Note 1.

[2]See Appendix I.note 2.

[3]See Appendix I.note 3.

[4]See Appendix I.note 4.

[5]See Appendix I.note 5.

[6]See Appendix I.note 5.

[7]See Appendix I.note 6.

[8]See Appendix I.note 7.

[9]See Appendix I.note 8.

[10]See Appendix I.note 9.

[11]SeeAppendix XVII.

[12]See Appendix I.note 10.

[13]See Appendix I.note 11.

[14]See Appendix I.note 12.

[15]See Appendix I.note 13.

[16]See Appendix I.note 14.

[17]See Appendix I.note 15.

[18]See Appendix I.note 16.

[19]See Appendix I.note 17.

[20]See Appendix I.note 18.

[21]See Appendix I.note 19.

[22]See Appendix I.note 20.

[23]See Appendix I.note 21.

[24]See Appendix I.note 22.

[25]See Appendix I.note 23.

[26]See Appendix I.note 24.

[27]Now the Head Office of the Royal Bank, St. Andrew Square.

[28]See Appendix I.note 25.

[29]The title of this member was Sir Nun and Abbess.

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