Execution
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An account of the Trial of ROBERT BROWN ANDERSON, and JAMES MENZIES, alias ROBERTSON, before the Circuit Court of Justiciary at Stirling, for Shop-breaking and Theft, at Grahamstown, near Falkirk, who were sentenced is be executed at Stirling, on. Friday the 11th of October, 1811.
STIRLING, SEPTEMBER 9,
THE Circuit Court of Justiciary was opened here on Saturday last, by the Right Honourable Lord Hermand. Robert Cochnan, lawyer in Alloa, indicted for forging and vitiating documents of debt, was outlawed for not appearing.
The Court then proceeded to the trial of Robert Brown Anderson, and James Menzies, or Robertson, prisoners in Stirling jail, accused of breaking into the shop of James Suffell, merchant in Grahamston, near Falkirk on the night of Saturday the 23rd of February last, and stealing there from a cask of brandy, two chests of tea, a drawer containing copper coin, and a loaf of sugar
John Burns, changekeeper in .Falkirk, Elizabeth Williams, his wife, and Alexander Logan, changekeeper in Denny, were included in the same indictment, for resetting the said goods, knowing the same to have been stolen. The trial lasted till Sunday morning; and this day the Jury returned a verdict, by a plurality of voices finding the libel proven against Anderson and Menzies,but recommended them to mercy. Unanimously finding Burns and his wife Guilty; and by a plurality of voices Not Proven against Logan. Anderson and Menzies were sentenced to be executed here on the 11th of October next. Burns and his wife to be transported for 14 years, and Logan was assoilzied and dismissed from the bar.
The Court were next occupied with the trial of Thomas Coventry, for the forgery of a bill of L.30. At the conclusion of the evidence, the Advocate-Depute restricted the libel to an arbitrary punishment, and the Jury returned a verdict, finding the libel Proven. He received sentence of transportation for seven years.
AYR, SEPTEMBER 12.
The Circuit Court of Justiciary was opened here, on Friday, by the Right Honourable Lord Justice Clerk and Lord Armadale.
The Court were occupied during the greater part of that day with the trial of Alexander Kerr, sen. and Alexander Ker, jun. Archibald Cook, James Nichol, and John Murphy, indicted for the crimes of assaulting and deforcing certain of the Ayr Customhouse Officers.
The general facts libelled were distinctly sworn to by James Campbell, tidewaiter, as affecting all the prisoners, and by John Taylor, tidewaiter, as affecting three of them, with the addition of the specific facts committed by Archibald Cook and Alexander Kerjun in knocking him down, and kicking and trampling on him. The evidence on the part of the prosecution being closed, and some exculpatory witnesses examined, William Boswell, Esq. Advocate-Depute, addressed the Jury in a short energetic speech, in which he maintained that it was abundantly clear that all the pannels had been engaged in the smuggle, and that three of them had been guilty of the assault and deforcement—and by James Ferguson, Esq. senior Counsel for the prisoners, who employed much ingenuity in endeavouring; to show, that the evidence had completely failed, inresect to Alexander Ker, Jnr and John Murphy, and that it was defective in as far as it related to the identifying of the other three. After which his Lordship shortly summed up the evidence, and stated that it came completely home to the pannels Alex. Ker, Jnr. Archibald Cook, and James Nichol. The Jury returned a verdict on Saturday morning of Guilty against the said Alex. Ker, Jnr. Archd. Cook, and James Nichol, and of Not Proven in the case of Alex. Ker,. and John Murphy, upon which these two last were dismissed from the Bar, with a suitable admonition from the Lord Justice Clerk, who pointed out to them in forcible language the illegality of smuggling, with respect to the revenue and the fair trader, the guilt to which it frequently led, and the dangerous consequences with which it was often followed.
Alex. Ker, Jnr. Archd. Cook, and James Nichol, were sentenced to fix months' Imprisonment, and to seven years' banishment from Scotland.
Afterwards John Armstrong, sometime sailor on board the Helena, of Workington, was brought to the Bar, accused of the crime of Rape; but no evidence having been adduced to identify his person, during the commission of the crime, the Jury returned a verdict, finding the libel Not Proven; and he was, therefore, dismissed from the Bar, after a most feeling and impressive admonition from Lord Armadale.
The Public Prosecutor not considering himself justified in proceeding with the trial of John Grafs, indicted for Murder, on account of the absence of some material witnesses, deserted the diet pro loco et tempore.
Acknowledgement: 'The Trustees of the National Library of Scotland'
