additional evidence having come to the knowledge of the Public Prosecutor, on 11th August, a new indictment had to be served, and the trial postponed until the 27th of that month.
Meanwhile, on 28th July, His Majesty’s most gracious pardon had been obtained for John Brown alias Humphry Moore, which, in law, rendered that miscreant, as a witness, “habile and testable,” notwithstanding the baseness of his character and his infamous record.
Deacon Brodie had, since his apprehension, been kept in close confinement in the Tolbooth. He was carefully watched day and night by two soldiers of the City Guard, and was not allowed either knife or fork with which to eat his victuals in case of dangerous consequences. On account of this inconvenient restriction, the Deacon, shortly before his trial, addressed the following remonstrance to a brother member of the Town Council and one of the magistrates of the city:—
“Edinburgh, 17th August, 1788.
“Dear Sir,
“The nails of my toes and fingers are not quite so long as Nebuchadnezzar’s are said to have been, although long enough for a Mandarine, and much longer than I find convenient. I have tried several experiments to remove this evil without effect, which no doubt you’ll think says little for your Ward’s ingenuity; and I have the mortification to perceive the evil daily increasing.
“Dear Sir, as I intend seeing company abroad in a few days, I beg as soon as convenient you’ll take this matter under consideration, and only, if necessary, consult my Guardian and Tutor sine qua non; and I doubt not but you’ll devise some safe and easy method of operation that may give me a temporary relief. Perhaps the faculty may prescribe a more radical cure.
“Dear Sir, if not disagreeable to you, I’ll be happy to see you. You’ll be sure to find me at home, and all hours are equally convenient.
“Believe me to be, with great esteem,
“Your most affectionate Ward, and very humble servant,
“Will. Brodie.
“To Don. Smith Esq.
“Edinburgh.”
This curious instance of a sense of humour retained in the most unfavourable circumstances throws an interesting sidelight on the Deacon’s character.
On the Friday before the trial Smith, who appears to have abandoned all hope of an acquittal, wrote a letter to the Board of Excise, saying “that he was not to give them any trouble, for he would plead Guilty.” He also prepared a written statement, which it was his intention to have read to the Court, but he was dissuaded from this course by his agent, Mr. Morrison, and finally decided to take his chance and plead not guilty. In this remarkable document—a copy of which is contained in the Appendix—Smith gives, inter alia, the following list of “such robberies as my accomplices and myself had determined to commit, had we not been timeously prevented:—
“1. On Dalgleish & Dickie, watchmakers.
2. On White & Mitchell, lottery-office keepers.
3. On a rich baker near Brodie’s Close—the name forgot.
4. The Council Chamber, for the mace.
5. The Chamberlain’s Office, for money.
6. Forrester & Co.’s, jewellers.
7. Gilchrist & Co.’s, linen drapers.
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.”
This comprehensive catalogue of the gang’s prospective arrangements was, doubtless, perused with much interest by the intended victims, and the rich baker must have congratulated himself on escaping the attention of his respectable neighbour. The only one of these contemplated robberies, towards the accomplishment of which any steps would seem to have been taken, was that of the office of the City Chamberlain. We read in Smith’s third declaration that “a false key was made by Brodie for the purpose of opening the door of the Chamberlain’s cash-room of the city of Edinburgh; the declarant and Brodie had frequently been at the door of the Chamberlain’s Office, in order to take the impression of the keyhole; that Brodie showed the declarant the said key after it was made; and Brodie told the declarant that it did not answer”—which was fortunate for the City Chamberlain. But the laudable intention which Smith, since his apprehension, had evinced “of making a clean breast” was not destined to gain for him any temporal advantage.
The public interest in the approaching trial was intense, both on account of the magnitude of the late robberies and the prominent position which Deacon Brodie had so long occupied in Edinburgh. His escape and capture had further whetted the popular excitement, and at an early hour on the morning of Wednesday, 27th August, 1788, every part of the Justiciary Court was crowded to its utmost capacity. A detachment of the 7th Regiment of Foot from the Castle lined the Parliament Square for the purpose of securing an easy access for the members of the Court and jurymen, and to prevent any confusion that might arise from the great crowd assembled at the doors.
At a quarter to nine o’clock the prisoners were brought from the Tolbooth into Court. “They were conveyed, upon their request, in chairs, but each having a sentinel of the City Guard on the right and left, with naked bayonets, and a sergeant’s guard behind, with muskets and fixed bayonets.” A contemporary account informs us that “Mr. Brodie was genteelly dressed in a new dark-blue coat, a fashionable fancy waistcoat, black satin breeches, and white silk stockings, a cocked hat, and had his hair fully dressed and powdered.” In contrast to the dashing appearance cut by his companion, Smith, we are told, was “but poorly clothed, having had no money since his confinement, which had already lasted six months.” The Deacon affected an easy and confident demeanour; Smith, on the contrary, looked timid and dejected.
At nine o’clock the five judges, preceded by a macer bearing the Justiciary mace, and headed by the formidable Braxfield, took their seats, “and, the Court being fenced and the action called in the usual manner,” the trial then commenced. As a verbatim report of the proceedings is contained in the following pages, and some account of the judges and counsel engaged therein will be found in the Appendix, it is only necessary here briefly to comment upon the more salient incidents which occurred in the course of the trial.
It is worthy of note that among those who served upon the jury were William Creech, the celebrated Edinburgh publisher and man of letters, and also Sir William Fettes, afterwards Lord Provost of Edinburgh, and James Donaldson, the well-known printer and pioneer of cheap literature, to whose munificence the city is indebted for the famous college and palatial hospital which bear the names of their respective founders.
The interest of the Deacon’s friends had secured for him the services of Henry Erskine, then Dean of Faculty, and the chief ornament of the Scots bar, with whom were Alexander Wight, and Charles Hay, afterwards the jovial Lord Newton; while Smith’s case was entrusted to the celebrated John Clerk of Eldin, at that time an inconsiderable junior, and Robert Hamilton, in later years the colleague of Sir Walter Scott. The Lord Advocate (Ilay Campbell) and the Solicitor-General (Robert Dundas), assisted by two Advocates-depute, conducted the prosecution.
Both prisoners pleaded not guilty; no objections were taken to the relevancy of the indictment; and it was stated for Brodie that he intended to prove an alibi. An objection taken by the Dean of Faculty to the specification of certain of the articles libelled on having been repelled, John Clerk attempted to make some