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Trial of Deacon Brodie


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he fell sick, and, his illness lasting for some four months, he was reduced to selling his goods, and finally his horse, in order to support himself and his wife, for whom he had meanwhile sent into England to join him. Among the frequenters of Michael Henderson’s tavern were two men, Andrew Ainslie and John Brown alias Humphry Moore, of whom, prior to their doings in connection with the robbing of the Excise Office, but little is known. Ainslie is designed in the Crown list of witnesses as “sometime shoemaker in Edinburgh,” but his attention to his professional practice was less marked than his addiction to dicing and the company of cheats. Brown—like Smith, an Englishman—was a noted sharper, and had been convicted of theft at the Old Bailey in April, 1784, and sentenced to transportation beyond the seas for a term of seven years. He had, however, contrived to escape from justice, and was then lurking in Edinburgh, ready for any villainy that might prove remunerative.

      With these two agreeable acquaintances Smith beguiled the tedium of convalescence in various games of hazard, in which, owing to the skill of the players, but little was left to the blindness of Fortune; and at this time he first made the acquaintance of Deacon Brodie, who, in connection with his cock-fighting proclivities, had long been a patron of the house. It is probable that, at this juncture, the Deacon’s resources were at a low ebb. Notwithstanding the income he derived from his varied interests and pursuits, his passion for gambling was a constant drain upon his purse, and the expense of maintaining no less than three establishments at once must also have been considerable, while the success of his earlier robberies doubtless induced him to extend his future operations by the assumption of a partner.

      Be that as it may, we have it from Smith’s second declaration that Brodie, early in the intimacy which, in spite of the disparity in their social positions, speedily sprang up between them, suggested to him in the course of conversation “that several things could be done in this place, if prudently managed, to great advantage, and proposed that they should lay their heads together for that purpose.” Smith is said to have been at one period of his career a locksmith in Birmingham, and his abilities in this direction may have first led the Deacon to select him as an accomplice. From the readiness with which Smith embraced this proposition we may assume that his past record was not so blameless as he would have us believe.

      In the following account of the burglaries (other than that of the Excise Office) committed by Deacon Brodie and his associates, the details are given from the various statements made by Smith, and, so far as possible, in his own words; but there is good reason for believing that these by no means disclose the full extent of the depredations for which the gang was responsible.

      When the invalid was sufficiently recovered, the new friends, “in consequence of this concert, were in use to go about together in order to find out proper places where business could be done with success.” In the course of these interesting excursions, Smith relates that one evening in November, 1786, they visited a hardware shop in Bridge Street belonging to Davidson M‘Kain, armed with false keys, an iron crow, and a dark lantern. Having opened the outer door, Smith entered the shop, his companion remaining outside to watch. Smith was inside for about half-an-hour, and Brodie, becoming impatient, called out what made him stay so long—was he taking an inventory of the shop? The result appears to have been disappointing; but among the goods removed was a red pocket-book, which Smith presented, as a token of gratitude, to “Michael Henderson, stabler in Grassmarket, his daughter.”

      About a fortnight later the two worthies again repaired to M‘Kain’s shop with the view of making a more thorough clearance. The same methods were adopted; but before Smith could get to work he was disturbed by movements in a neighbouring room, and fled, shutting the shop door after him. Brodie had already beaten a retreat. A little later, however, the pair walked arm-in-arm down Bridge Street to reconnoitre the premises, but, seeing a man on the watch, “and a guard soldier standing opposite at the head of the stair which goes down to the Fleshmarket, they passed along the bridge, and afterwards went to their several homes, as nothing could be done further that night.” This, according to Smith, was their first joint depredation; but there is reason to believe that a much more important robbery, which was committed on 9th October, the previous month—when a goldsmith’s shop near the Council Chambers was broken into and many valuable articles carried off—was also the Deacon’s handiwork.

      An ostensible occupation had been found for Smith, and he was established in a house in the Cowgate, where his wife and he kept a small grocery shop. Brodie had now introduced his new friend to his own favourite “howff”—Clark, the vintner’s at the head of the Fleshmarket Close—where it was their habit to foregather nightly for the purpose of gambling and discussing future opportunities for the exercise of their felonious talents. Hither, also, came Ainslie and Brown, from the lodging which they occupied together at the foot of Burnet’s Close, but who were not yet admitted to share the others’ councils. On 8th December, we read that “the shop of John Law, tobacconist in the Enchange, was broken into, and a cannister containing between ten and twelve pounds of money carried off.” This robbery, though not confessed to by Smith, was probably committed by him and Brodie.

      Stimulated to further efforts by the inadequate results of these operations, the Deacon now proposed to Smith a more important undertaking. He had recently been employed by the magistrates, in consequence of the lowering of the streets, to alter the door of the shop in Bridge Street belonging to Messrs. John & Andrew Bruce, jewellers, there. This, he said, “would be a very proper shop for breaking into,” as it contained valuable goods, and his familiarity with the lock would make it an easy matter to effect an entrance. It was accordingly agreed that they should meet at Clark’s on the evening of Saturday, 24th December, for the purpose of carrying out the robbery. Arriving there, they fell to playing hazard with other members of “the club,” as it was called by the questionable characters who frequented the house, and Smith, the luck being against him, soon lost all his money. Brodie, on the other hand, was winning steadily, and refused to leave, turning a deaf ear to his friend’s repeated reminders that business should come before pleasure and their work awaited them. It was nearly four in the morning when Smith decided to wait no longer, “as the time for doing their business was going,” and started by himself upon the exploit. The lock presented no difficulties, and, by the light of his dark lantern, he was able to reap an excellent harvest. “Ten watches, five of them gold, three silver, with the whole rings, lockets, and other jewellery and gold trinkets in the show-boxes,” were all stuffed into two old black stockings and carried by Smith to the hospitable Mr. Henderson’s stable, where he hid them in a manger, and was at last free to seek the shelter of his grocery establishment in the Cowgate.

      Smith was up betimes on the Sunday, and by eight o’clock was “tirling” at the door in Brodie’s Close, to inform the Deacon of what he had missed. The maid told him, however, that her master was still in bed, so Smith left a message that he wanted to see him, and returned home. Later in the day the Deacon called upon him, and Smith, having meantime fetched the black stockings from the Grassmarket, poured out upon the bed their glittering contents, remarking, “You see what luck I have been in; you might have been there, but, as you did not go, you cannot expect a full share. But there are the goods; pick out what you choose for yourself”—which certainly seems handsome behaviour on Smith’s part, although Brodie afterwards complained that he had been treated badly in the matter. The Deacon accordingly selected for his own use a gold seal, a gold watch-key set with garnet stones, and two gold rings. They valued the whole articles at £350 sterling, and must have been good judges, for that was the figure which the owners themselves subsequently put upon the goods.

      That same day they walked past Bruce’s shop several times to see if the robbery had been discovered, but found everything as they had left it. Delighted at the success of his coup, Smith boldly proposed returning that night “in order,” as he said, “to sweep the shop clean,” but Brodie dissuaded him from so hazardous an attempt. They then consulted as to the safest means of disposing of the goods, with the result that, on the following Wednesday, Smith set off with them on foot to Dunbar, and from thence took the mail-coach to Chesterfield, where he parted with them to one John Tasker alias Murray—who had previously been banished from Scotland—for £105. The Deacon had advanced five and a half guineas for the expenses of the journey, and, on his return, Smith repaid this sum, and entrusted Brodie with the balance to keep