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ray, and P. S. Keir, Esqrs.-Agent, Mr John Brown.
During the trial, the Court was uncommonly crowded.
Speech of the Lord Justice Clerk to
Paterson and Charles.
"Before the Court discharge its last duty to you, I feel it my duty to make a few observations which are applicable to your case. You were indicted on a twofold charge, either of having stolen a number of sheep and lambs, or of receiving them, knowing them to be stolen. After a minute, attentive, and candid investigation of all the circumstances, the Jury have returned a most accurate verdict, all in one voice finding the charges not proven against you, Paterson; and all in one voice finding the charge of theft against you, Charles, not proven, and the charge of reset of theft, by a majority of votes, sanctioned by the law and constitution of this country, not proven. They by no means find you not guilty. Their verdict has confirmed the suspicions of all who heard your trial, that you had some connection with the transactions of that evening. You, John Paterson, have the justest ground to reprobate your conduct. In the declaration you emitted, you specifically denied all connection with Charles on the occasion charged. But that declaration is, Sir, evidently stamped with falsehood, as it was distinctly proved you met him; that a sale was effected, and the lambs handled and keeled by you. Truth and honesty need no such ground of justification as you adopted.
"George Charles, you have equally just cause to reflect on your deeds. It was attempted to be proven, on your part, that there is a usage among fleshers and drovers of dealing in the dark, and meeting on the high ways under the cloud of night, to transact their business. I must say, however, Jan. 1815.
that if there is any solid foundation for such a transaction, that it is a transaction of a most abominable nature, and replete with fraud and knavery; for it is obvious, that, under this darkness, the cattle cannot be
counted, and may easily be mixed with the property of others, and their marks not be distinguished. I hesitate not to say, and I do so with the entire concurrence of my brethren, that should any such transaction come before a Jury hereafter, they are indispensably bound to view it in its worst light. Every honest flesher, or drover, will, I believe, reprobate a system of that kind as opening the door to every iniquity, and shrinking from the face of day, from a consciousness of its own demerits. The defence you gave was, Sir, a most suspicious and a most improbable one. Trusting, however, that both of you will act better, I add but one topic more, of an important nature. The verdict now returned secures you from temporal punishment. But you have an account of a more tremendous nature to render to Almighty God.Involved under a mystery of darkness, that transaction escaped the detection of fallible mortals. But the eye of God saw it. He knows whether it was a fair sale or not. I am sorry to say, that in the eyes of the Court, of the public, and I may add in the eye of God, that sale was marked with fraud and dishonesty. The cattle were stolen secretly from the pastures, and I must tell you, that the suspicions attached to you are very strong. I implore of you both to beg his forgiveness, to make peace with him, and resolve hereafter to live honestly, prudently, and wisely. Retire to whatever corner of the land you please, yet be assured the eyes of the public will be on you, and the hand of public justice will scrutinize your deeds: should a charge of a similar nature be preferred against you, be assured a different verdict will follow.
I trust and hope, you and others will take warning, and act openly and fairly, and that you will improve by what I have said, and reduce the observations I have made to practice in your lives."
Trial of THOMAS KELLY and HENRY O'NEIL, for Highway Robbery.
ON the 19th of Dec. 1814, came
on the trial of Thomas Kelly and Henry Orneil, or O'Neil, or Neal, accused of the following robberies, viz:
1st, With attacking, in company with an accomplice, William Welch, schoolmaster of the parish of Stenton, upon a cross road near to the farmhouse of Howmuir, in the county of Haddington, upon the morning of the 22d November last, and robbing him of a silver watch, a black leather pocket-book, containing a bill for £.16, an account of £.4, 5s. 6d. a one pound note, two shillings in silver, three halfpence in copper, a penknife and a key, as also his great coat, gaiters, shoes, and hat.
2d, With attacking, on the morning of the said 22d November, James Leigo, farm-servant at West Garleton, parish of Haddington, and Thomas Wilson, farm-servant in Blackhouse, in said parish, upon the high road betwixt Dunbar and Haddington, striking the said Thomas Wilson severely with a bludgeon, to the great effusion of his blood, and robbing him of his hat, as also knocking down the said James Leigo, and robbing him of seven guinea notes and twenty shillings in silver, a red morocco pocket-book, a green cotton umbrella, a bundle, a cotton neckcloth, a pair of gaiters, and a pair of shoes.
3d, With attacking, on the 23d of the said month of November, David Loch, carter in Biggar, then travelling along the road from Briggs of Braid, or Braid's-burn, to Edinburgh,
William Welch, schoolmaster at Stenton, deposed, That he was at Dunbar fair on the 22d of November, and left it about four o'clock, in company with Mr Graham, and Mr Hume, schoolmasters; drank tea at Graham's at Westbarns, which they left after six, with a Mr Dickson in company; that they proceeded on the high road by the way to Stenton and Tyningham.-While Mr Dickson called on an acquaintance, the witness and Mr Hume went into a public house, and had three bottles of porter; and hearing the clock strike eight, they paid their reckoning, and went off; some other people were there, who also went with them; and a little farther on they all shook hands and parted: That he proceeded by Biel towards his own house, and hearing a noise behind him, he looked over his shoulder, and saw three men running; was not sure whether the men were robbers or not, and once thought of running to the next farm-house, but he
day at Spittlehaugh, who said he was robbed of all he had, and then he mentioned the things libelled on : That at the time they were attacked, which was about ten o'clock, witness was carrying Leigo's bundle. They had been drinking, but not much; witness was perfectly sober, but Leigo seemed hurt by the drink, altho' he could walk well enough.
he went on, when one of the men sei-
James Leigo, farm servant to Robert Howden, tenant at West Garlton, said, he was at Dunbar fair, which he left between six and seven o'clock, in company with Thomas Wilson: That near Hailes houses they were attacked, when witness was tripped and dragged backwards, and robbed of all he had, his watch, seven notes, twenty shillings in silver, and several other articles: That his watch was silver, maker's name Charles Tomlin, London, No. 9201. Being shown a watch, says it is that of which he was robbed that evening, but the chain and seals are not his: Had got some drink that day, but not so much as to prevent him knowing every thing that happened. He had got his wages that day before he went to the fair: That he followed the robbers west, but lost sight of them in a strip of planting, and then went to his uncle's at Spittlehaugh, where he staid all night.— Saw Wilson next day, who had been hurt, and told him what he had lost.
Thomas Helleard, publican, near the barracks, Musselburgh, said, That on a day towards the end of November, on a Monday, Tuesday, or Wednesday, four men came to his house : thinks O'Neil was one of them, but is not sure of Kelly, or Corn, a witness for the prosecution, who was brought into Court.
Janet Thomson, daughter of David Thomson publican and carter in Haddington, being asked if ever she saw the pannels?-cannot be positive if they are the two men who were in her father's house one afternoon : thinks that Corn, who was sent for, is
more like one of them than either of the pannels: thinks from their dialect they were Irishmen.
Helen Amos, wife of Robert Bertram, carrier and publican in Haddington, says, she remembers Dunbar fair, and that two men came into her house, scavenger looking men, and thought they were Irishmen. As there was a death in the family, paid very little attention to these men. Does not know the pannels.
Robert Lilley, keeper of Ravenshaugh toll-bar, said, that the morning after Dunbar fair three men came to his house, and while he was letting a cart thro' the toll, they sat down at the fire and called for some whisky: that they were very dirty, and appeared much fatigued, and complained they were cold: That they were whispering to each other, but he did not understand them: That the pannels were two of the men. They asked for change of a note, but he denied having any silver, as he had a suspicion of them, and he called up his brother, saying that he had suspicious people in the house That the man asked if he had a dog, and if he would attack any body? when he answered, the dog would not attack any person on the road, but if any person attacked him in the house, he would attack them. The Court highly complimented the witness for his conduct on this occasion.
Cornelius Corn, weaver in Newbigging, Musselburgh, said, that about a month ago, Kelly and another, calling himself Jeremiah, called on him and O'Neil, as they both wrought together: That they went into a house opposite the shop, and had some whisky: That Kelly asked him to go to his room to shave him, which he did: That after he had shaved Kelly, Jeremiah sent for half a mutchkin of whisky, when they asked him to go to Dunbar to rob: sed to go, and then went and informed O'Neil, and said, if he would go
with him, he would also: That he joined them at the barracks, which were then taking down: That Jeremiah and Kelly were in a house, and witness and Neal joined them, and had a gill of whisky: That they all set off; the witness in company with Jeremiah stopped at a public house, when Neal and Kelly passed them, and they afterwards stopped at the Black Bull inn, and had some drink : That they stopped at a planting before they came to Linton, when they saw a man on horseback, whom Jeremiah proposed to attack, but the witness opposed this, as a woman was present: That they went through Linton, when witness pretended to be sick, and would go no further. They all went into a wood, and then came out into the high road, when witness left them, and came to Musselburgh, having previously received a penny from Kelly, and three-halfpence from Jeremiah: That next morning, about nine o'clock, O'Neil's son came to him, and said his father and two men wanted him: That he went to O'Neil's house, and Kelly gave him nine shillings to buy shoes: That Kelly said, he had got a watch, a great coat, and a hat, but the hat was a fair exchange, which was no robbery. Jeremiah had a bundle and an umbrella, but they had no such thing when they set out the day before. Jeremiah and Kelly had pistols, and he saw the former load his : That he parted with the prisoners and Jeremiah near the old bridge, Musselburgh, and never saw any of them again, till he saw O'Neil in custody in Edinburgh. When witness left them in the planting, he brought home O'Neil's stick with him, to assist him. Kelly and Jeremiah had pistols; O'Neil had none; Jeremiah loaded his pistol at the entering the planting.
After a serious admonition from the Lord Justice Clerk, this witness was set at liberty,
Andrew Inglis, serjeant-major of the police, Edinburgh, said, That he apprehended Kelly at his lodgings in the West Port, on Thursday the 24th of November; he searched the house, and found a watch, marked Charles Tomlin, London, No. 9201, which he identified: That he apprehended O'Neil at Inveresk, and he took a hat from him. Being shewn a hat, thinks it was the hat Kelly wore, and it was taken off his head by Captain Brown, but is not positive. This was Wilson's hat, and has witness's mark on it. Joseph M'Kenna was along with witness.
Joseph M'Kenna, serjeant of police, Edinburgh, said, That Inglis and witness searched Kelly's house, and found a silver watch and umbrella. He identified the watch, which is Leigo's watch. Being shewn a hat, could not identify it.
George Douglas, serjeant of police, said, That he, in company with Mr Maclaren, searched Kelly's house, and found a tobacco spleuchan, which he identified.
David Loch, carter in Biggar, said, That he remembers being employed to bring a gentleman's horse to Edinburgh, three weeks past last Wednesday: That he had on him three pounds in notes, twenty-eight shillings for hire, and twelve shillings of his own: That he left Biggar about one o'clock, and about six o'clock, near Braid's-burn, he met two men, one of whom seized the horse, while the other threw him into a ditch. He, the witness, asked what o'clock it was, and they answered, it was eleven o'clock: That while he was in the ditch they picked his pocket, and when he cried out, one of them struck him a blow on the head over the nose, which made him all over with blood, and he has the mark yet: That one of the robbers threatened to blow his brains out, if he cried. Black, and another, came to his assistance, but the robbers
made off: That his horse was found afterwards, and he was brought on it to the police-office, where his wounds. were dressed. Kelly is the man who threw him into the ditch, and O'Neil is the person who stopped the horse. He identified the tobacco spleuchan, and described very accurately what was taken from him. The Court said his evidence was very satisfactory and complete.
Andrew Black, smith, at Braid'sburn, said, That he passed two men at the Thornbush, in company with Samuel Payne: That he remarked to Payne the two men were gallowslooking fellows; thinks the pannels were these persons: That shortly after, they heard the cry of Murder, and passing the men again, he found first a horse on the road, and afterwards found Loch lying in a ditch all bloody: That he pursued the robbers a little way, but soon returned, being alone, as Payne was lame: That he got assistance to Loch, and sent him to the police-office. The Court complimented this witness for his zeal and humanity in this affair.
George Dichmont, Sheriff officer, said, that he searched O'Neil's house, and found a hat, which he identifiedit was Mr Welch's hat. He also identified a pair of shoes, which were taken off O'Neil's feet. They were Welch's shoes.
Grizel Paterson, wife of James Paterson, change - keeper, Wright's Houses toll-bar, remembers the pan.nels being in her house on the night the man was robbed near Braid'sburn, and had a gill of whisky and a bottle: That O'Neil seemed sleepy; but having heard of the robbery, the witness's daughter desired them to go away, or she would call the police; on this they went away, having paid their reckoning.
The declarations of the pannels were then read, as emitted before the Sheriff - depute of Edinburgh. In these declarations the pannels confessed