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forward the following witnesses in support of the indictment :
James Brydon, shepherd to Mr Tweedie, at Raeshaw, deponed, that he lives at Raeshaw, but Mr Tweedie at Stanhope That about 10 score of lambs were lifted from Dewar to Raeshaw, which were marked with a cut on their right ear, and blackhalved in the near ear, and they were tarred from the near shoulder down to the tail That three score of the lambs belonged to the shepherd, which were marked with a T on the near rib That the sheep were marked the same as the lambs: That the deponent had some sheep of his own, the marks of which he described: That 13 of the lambs of the farm were seen on the 22d August at Falahill, about two miles north-east from Raeshaw, but did not hear this till the 25th; and then, along with James Rogers, a shepherd, he counted the flock, and missed 50 lambs, and seven old sheep. The lambs, and two of the sheep, belonged to his master, the other five were his own: That he received the message by George Murray, shepherd at Falahill: That he afterwards saw Murray, who told him that some sheep had been seen driving on the 22d:. That they went forward to Ford, but got no information from the landlady there, but a stocking-maker told him that he saw a man driving lambs on the Monday, which was a day sooner than for Musselburgh market: That he went to Dalkeith and got a warrant to search, and then proceeded to Musselburgh: That he went to James Easton's, skinner in Musselburgh, and found 21 skins, five of which were sheep, of which two belonged to Mr Tweedie, and three to himself: That James Turnbull, sheriff- officer at Dalkeith, took charge of the skins, and locked them in a house: That next day he discovered four more skins on Mr Easton's cart, which were partly his own and partly Mr Tweedie's property. Before the skins
were brought to Edinburgh, they were all marked, Being shewn a number of skins, he swore to three sheep's skins, two of which were Mr Tweedie's, and the other his own.Being asked how he knew the skins at first in Easton's, and could not now? Said, that the ear mark had shrunk with the dryness, and could not be so easily known: That he knows Hillhead, which is a good distance from Burnhead, and that Swarehouse is about 2 or 3 miles from the place where the lambs were feeding, and the hills between Burnhead and Raeshaw were many of them very steep.
John Tait, shepherd at Dewar, deponed, that he resided at Dewar, and remembers a number of lambs going from that farm which were marked as described by the former witness; all the stock on both farms are marked alike: That he afterwards heard that some of this flock were missing, and he accompanied Brydon in search of the sheep taken away, and found some skins, with the marks on them, belonging to Mr Tweedie, in the possession of James Easton, skinner in Musselburgh: That he made a mark on the skins, which being now shewn him, he swears to, having cut out a piece out of each skin he had marked. He identified 26 of the skins: That he knows Burnhead, which he thinks is between nine or ten miles from Swarehouse, which is about three miles from Raeshaw, and Musselburgh is north-east from Raeshaw, and Ford is on the direct line of road. In coming from Musselburgh to Burnhead, he would touch first at Swarehouse, which is about 12 miles from Musselburgh.
Mr Alexander Tweedie, farmer residing at Stanhope, and tenant of the farms of Raeshaw and Dewar, deponed, That he is tenant of these two farms, and recollects of bringing lambs from Dewar to Raeshaw, which were marked as described by the former witnesses That, on the 26th of August,
August, he had a message that some of his lambs were at Falahill, on which, he sent his son to see after them, and desired him, if any were missing, to send two shepherds into Lothian after them: That he heard some skins were found at Musselburgh, and when he came to Edinburgh, he saw the skins which he marked: being shewn some skins, he swore to the whole shewn him in Court: That from Raeshaw to Burnhead is about eight miles, and Swarehouse is about two miles and a half frome Raeshaw; Swarehouse is not above a quarter of a mile from Falahill; that he purchased part of the stock about eight days previous to the 22d of August: he had sold none of them, having purchased them to keep through the winter, being wether lambs, which is a commoų practice; the lambs missing were wether lambs.
James Turnbull, sheriff-officer, Dalkeith, said, he recollects of two shepherds coming to him, to get some lambs recovered that had been stolen; Brydon and Tait were the shepherds, and they all went to Musselburgh, when twenty-three skins were found in Mr Easton's possession; and in company with Tait made further search, but found none: That the skins were locked up the first night, and next day they were left in a garden to dry, and they were brought to Edinburgh to the Sheriff Clerk's office. The witness identified the skins, which he had marked when he had brought them to Edinburgh. There were other skins in the garden, but the skins which Brydon and Tait identified were laid by themselves.
James Easton, sen. skinner with Mr Cox, at his skinnery at Musselburgh, said, he bought some skins from George Kedzlie, flesher in Musselburgh, on the 22d of August, about thirty-two or thirty-five in number, of which six were hog-skins, the rest lambs; that part of them were afterwards seized by Turnbull, and
two herds of Mr Tweedie's, and they remained only one night in his custody, and they were laid out to dry, and were afterwards carried by Turnbull, and one of the herds, to Edinburgh; he identified the skins, having previously marked them; he paid 25. each for the skins to Kedzlie.
George Kedzlie, flesher in Musselburgh, said, he kills at Musselburgh, and buys either in Edinburgh, or in the country, as it suits; that he knows Mr Charles, and bought from him 19 lambs and seven hogs, on the 22d of August, and he bought them in Felton Green barn-yard, belonging to Mr William Spence, Mr Charles's brother in-law; cannot say when the lambs came into Charles's possession, but that he said he had brought them to Felton Green that forenoon; it was about five o'clock when he made the bargain with Mr Charles; that he sold the skins to James Easton, who is manager for Mr Cox at Musselburgh, and he got them at two dif ferent times, on the 27th and 30th of August; the lambs and sheep were killed on the 26th of that month; being shewn the skins, swears they are the same he purchased from Charles; that he knows Paterson, and saw Charles and Paterson in company in Gow's in the fleshmarket, Edinburgh, on the 3d August, and was again in company with the pannels on the 23d of August, in Henderson's, Cowgate head; knows Paterson to be a cattle dealer.
William Spence, at Felton Green, said, George Charles is his brother-inlaw, and lives with witness at Felton Green; that on the 21st of August he left his house about two o'clock, and returned on the 22d with about a score of lambs, which were lodged in his barn-yard, and about six that evening Mr Kedzlie's apprentice called and drove them away; that any sheep that were left in his premises were only there for a short time, as Charles kills none in his premises.
George Murray, shepherd at Falahill, said, he is a servant to Messrs Cowan and Hepburn, on that farm; that Raeshaw is about three miles from Falahill, and Swarehouse is about the same distance; that on the 21st and 22d August he was up all night herding black cattle, and that morning, before day light, he heard lambs bleating; this was in the direction of Raeshaw; he saw nothing, but heard voices of two men, and the of a gurr dog, as if turning sheep; this was to the north-east of where he was, and where he heard the voices was on the east of the road, which is the direct road to Ford;-that the noise of the men's voices was to the north-east; that about seven in the evening of the 22d, he saw three lambs on Falahill farm, to the east of Swarehouse, which were stranger lambs, and they went with his flock; they were to the eastward of where he heard the voices; he knew them to belong to Racshaw, and sent word that they were with him; that when he heard the bleating of lambs, he knew that no such thing should be in that place, as he knew where all his sheep should be at that time.
William Grant, innkeeper at Swarehouse, or Hillhead, said, he had been there since Whitsunday; knows Charles, who has been four or five times in his house; was there on the 11th August, staid there till morning, but went away before he was up. Charles asked witness if he could get some sheep handled That on Sunday the 21st of August, Charles came to his house about nine o'clock, and said he expected a man, and ordered him to be called when the man came: That Charles and witness both went to bed, and Charles came at midnight, and got his keys to get some porter: That there was a herd at the kitchen fireside, and also some drovers going backward and forward, but does not know who drank the porter in the kitchen. Charles paid him for the porter, and
left his house about one in the morning. Charles was in his house on Sunday the 28th, staid all night, and went away at seven next morning. Robert Tait, at Traquair Mill, was at his house on the 11th, but not on the 21st of August.
Margaret Stenhouse, residing at Swarehouse, said, that she stays at Swarehouse above Mr Grant the innkeeper, and was a servant to Mr Grant, and came after Agnes Hume; knows Mr Charles, who she saw in Grant's three times in August last. The first time was on the 11th, and he was alone. There were some carters in the house. Charles told A. Hume, a man was to call, and desired to be wakened when he called. Between 12 and one o'clock a man called, and Charles and him had some porter, and they went away together. On the Sunday week after, Chailes came to Grant's about the darkening: That she does not recollect Charles getting porter, and does not know Paterson.
Robert Tait, servant to Mr Eckford, at Traquair Mill, said, he knows Swarehouse, and was there on the night of the 11th of August and did not go to bed. Heard Charles, whom he identified, say somebody was to call on him with some sheep. A man did call, to whom Charles went out, and afterwards sat together and drank two bottles of porter. Their conversation was about sheep and lambs, and the stranger went out once to see if the lambs had strayed, which he seemed to have under his charge. Can't say that the pannel Paterson is that man, but he cannot say he is not. Charles and the other man left Swarehouse before the wit
Ann Carr, wife of George Foreman, changekeeper at Ford, said, that she knows Charles, who came to her house in company with Paterson on the morning of the 12th of August, being Melrose fair day, and drank
two bottles of ale, two bottles of porter, and had a two-penny loaf: That they got some water from witness, and went out to keel some sheep that were with them. Charles offered a note for change, which she could not change, when Charles said, 'That was a pity, as he would lose his luck-penny:'That in a conversation between the pannels, Charles said to Paterson, that he should not take the three-pences, as it was a hard bargain, which Paterson seemed to agree to: That Charles came to her house on the second Sunday after, and said a man was to call, and to tell him he would see him when he came back from Heriot House That Charles returned on Monday the 22d, between six and seven o'clock, and staid till near nine o'clock, when he said he could stay no longer, and to tell the man so when he called. The children informed witness that Charles had sheep in the stables.
Agnes Hume, servant to William Ainslie, cow-dealer at Gattonside, said, in August last she lived at Swarehouse as servant to Mr Grant, and knows Charles: That he came there on the 11th of August, and told witness that a man was to call on him with some sheep: That she accordingly called Charles, who had gone to bed, when the man came, who she said was the pannel Paterson-at least she thought so. The man asked if the sheep could be put up there, but Charles said, they would go farther: Tait was also there: That she had been in Edinburgh, and went to Swarehouse on a Sunday evening, and next morning she saw Charles there, who went away about nine o'clock on the Monday morning.
Walter Grieve, tenant in Williams lee, says, he knows John Paterson, who he employed sometimes to drove and sell sheep for him. He recollects that Paterson slept at his house on the 20th, and on the 21st they both went
to Peebles, where he left Paterson.— He thought Paterson honest, or he would not have trusted him. On Monday he had sheep on the road, partly under charge of his own servants. Burnhead is about four miles and a half from Peebles.
Margaret Thomson says, That she was at James Paterson's at Burnhead, on Sunday the 21st of August: That John Paterson came there with his brother to dinner, and that he supped there, which happened about nine o'clock: That between eight and nine o'clock on Monday morning, John Paterson breakfasted along with the witness and rest of the family. She is sure of the time, as she left Edinburgh on the 17th of August, and remembers it particularly: That the witness is sister to Mrs Paterson, wife of Mr James Paterson, the pannel's brother: That John Paterson dined on the Monday-it was an early dinner.
said, that he expected a man with sheep; asked a place in the stable, but could not get it, as the stable was full, and witness expected more from Dalkeith market; he asked Stenhouse for his barn; he acted as other passengers did, and showed no wish to conceal his transactions. About the dusk, on the 21st, he came back, and spoke openly about expecting a man to come and meet him: the doors were open all night, expecting drovers to come; his house is a resort for drovers; in passing, he, Charles, asked for two bottles of porter about two o'clock in the morning.
George Kedzlie, a former witness, said, that on the 12th of August, Lauchlan Wilkie and William Ross were present at a bargain-making for lambs in Smart's Wynd, between Newbigging and Musselburgh, between witness and Charles. Wilkie got part of the lambs. On the 22d he bought lambs of George Charles at 7s. a head, and they were a dear bargain, as he bought better at 6s. in the Grassmarket. Witness lost by the bargain. It is common for fleshers to buy cattle on the road, as drovers and fleshers often meet on purpose. It is not customary to take receipts, he took only one in his life, in August last. On the 30th of August he was in Reid's in the Fleshmarket, when Charles said to the witness, that there was a report that the sheep he had sold him were stolen: That Charles said, he, the witness, knew where he bought the lambs, and he (Charles) knew where he bought them, which was from Mr John Paterson That Charles went to seek Paterson, and he returned to the witness again, when he said he had seen Paterson, who bade him say he bought the lambs from a different man, but Charles said "He would see him d-d first."
Lauchlan Wilkie, flesher in Musselburgh, corroborated Kedzlie's evidence as to buying lambs from Charles
on the 12th of August, and added, it was quite customary to ask no questions where sheep came from. Recollects that, on the 22d of August, he saw Kedzlie's boy driving some lambs to Musselburgh Links, where they staid till the 25th: That he met Turnbull and Brydon on the High Street, and had a conversation with them, when Turnbull said he would apprehend Charles: That the witness went to the Grassmarket, where he met Charles in the Bughts, and told him what he heard from Turnbull, when Charles said he knew where he bought the sheep, and every person must answer for himself. Remembers dining with Charles, Kedzlie, and his wife, in Gow's in the Fleshmarket, on the 17th of August, when Paterson and Charles went out for some time with him, and remained about three quarters of an hour, and came back, but Paterson did not return.
James Wilkie, flesher in Fisherrow, said, it was common to buy sheep on the roads, and that it was not the practice to grant receipts for them on either side.