Produced by Chuck Greif and the Online Distributed Proofreading Team at http://www.pgdp.net (This file was produced from images generously made available by The Internet Archive) _Notable Scottish Trials_ Deacon Brodie PRINTED BY WILLIAM HODGE AND COMPANY GLASGOW AND EDINBURGH 1906 [Illustration: The first meeting of Deacon Brodie and George Smith. (_After Kay._)] Trial of Deacon Brodie EDITED BY William Roughead Writer to the Signet [Illustration] GLASGOW AND EDINBURGH WILLIAM HODGE & COMPANY TO THE HONOURABLE LORD DUNDAS THIS VOLUME IS BY KIND PERMISSION RESPECTFULLY DEDICATED BY THE EDITOR PREFATORY NOTE. The following report of this interesting trial is prepared from the original record, with additional particulars from contemporary sources. No connected account of the life of William Brodie having hitherto been attempted, the Editor has endeavoured to give in the introduction as complete a view as is now possible of his remarkable career. To Sheriff Moffatt, Lanark, and Mr. William Brown and Mr. John A. Fairley, Edinburgh, the Editor is under obligation for the use of MSS., books, and prints in connection with the subject. His thanks are also due to Dr. Joseph Anderson, Keeper of the Scottish National Museum of Antiquities, who has allowed him to photograph Deacon Brodieâs lantern and keys and to make excerpts from the records of the Cape Club. For permission to publish for the first time facsimiles of Brodieâs letter to the Duchess of Buccleuch and the MS. register in his Family Bible, the Editor is respectively indebted to the courtesy of Mr. Alexander Anderson, Librarian of the Edinburgh University Library, and the Plans and Works Committee of Edinburgh Town Council. Mr. Bruce J. Home has not only kindly permitted the reproduction of two drawings from his well-known work, âOld Houses in Edinburgh,â but has made a drawing of the old Excise Office, Chesselâs Court, expressly for the present volume. W. R. EDINBURGH, _November, 1906_. CONTENTS. PAGE Introduction, 9 The Trial-- FIRST DAY--WEDNESDAY, 27TH AUGUST, 1788. Indictment, 72 List of Witnesses for Prosecution, 74 List of Assize, 75 List of Witnesses for Defence, 76 Interlocutor on the relevancy, 78 List of the Jury, 79 Objection to specification of Crown productions, 80 Objection repelled, 87 _Evidence for Prosecution._ 1. William Scott, 87 2. Joseph Mack, 88 3. Thomas Longlands, 89 4. John Geddes, 90 5. Margaret Tweddle or Geddes, 94 6. Robert Smith, 94 7. James Laing, 95 8. John Macleish, 95 9. John Duncan, 96 10. William Mackay, 96 11. Alexander Thomson, 97 12. Laurence Dundas, 98 13. Janet Baxter, 98 14. James Bonar, 99 15. Isobel Wilson, 99 16. John Kinnear, 99 17. Grahame Campbell, 100 18. Mary Hubbart or Hubburt called, 101 Debate as to the admissibility of Hubbart, 101 Objection that she is the wife of Smith repelled, 104 Witness withdrawn owing to misnomer, 106 19. Daniel Maclean, 106 20. John Clerk, 106 21. David Robertson, 107 22. William Middleton, 107 23. Alexander Williamson, 108 24. James Murray, 109 25. George Williamson, 109 26. Andrew Ainslie called, 111 Debate as to the admissibility of Ainslie, 111 Objection to Witness repelled, 115 Ainslieâs evidence, 115 Objection to production of Five-pound Note, 119 Objection sustained, 121 27. John Brown, _alias_ Humphry Moore, called, 122 Debate as to the admissibility of Brown, 122 Objection to Witness repelled, 132 Brownâs evidence, 132 Declarations of George Smith, 138 Declaration of William Brodie, 149 Letter, William Brodie to Matthew Sheriff, 150 Two Letters, William Brodie to Michael Henderson, 152 Copy Letter or Unsigned Scroll, No. I., 154 Copy Letter or Unsigned Scroll, No. II., 156 Account or State of William Brodieâs affairs, 158 Letter, Lee, Strachan & Co., to Emmanuel Walker & Co., 159 _Evidence for Defence._ 1. Matthew Sheriff, 160 2. Jean Watt, 161 3. Peggy Giles, 162 4. Helen Alison or Wallace, 163 5. James Murray, 164 6. James Laing, 164 7. Robert Smith, 164 The Lord Advocateâs Address to the Jury, 165 Mr. John Clerkâs Address to the Jury, 174 The Dean of Facultyâs Address to the Jury, 181 The Lord Justice-Clerkâs Charge to the Jury, 197 SECOND DAY--THURSDAY, 28TH AUGUST, 1788. Verdict of the Jury, 201 Plea in Arrest of Judgment, 202 Plea repelled, 208 Address to the Prisoners and Sentence, 209 APPENDICES. I. Notes on the Trial of Deacon Brodie, 211 II. A brief Account of the Judges and Counsel engaged on the Trial of Deacon Brodie, 217 III. A List of Publications on the Subject of or having Reference to the Trial of Deacon Brodie, 232 IV. The Brodie Family Bible, 238 V. Excerpts from the Records of the Cape Club, 243 VI. Excerpts from the Guild Registers of the Burgh of Edinburgh, 245 VII. Excerpts from the Records of the Edinburgh Town Council, 246 VIII. Advertisements relating to certain of the Robberies committed by Deacon Brodie, 251 IX. Narrative of the Facts respecting the Robbery of Brucesâ shop, 257 X. State of the Process at the instance of John Hamilton, 262 XI. An Account of Mr. Brodieâs being seized at Amsterdam, 264 XII. The Journal of Mr. Groves, 265 XIII. Copies of Two Autograph Letters of Deacon Brodie, 268 XIV. Speech which George Smith intended to have made at his Trial, 270 XV. An Account of the Execution of the Prisoners, 272 XVI. The Old Excise Office, 277 XVII. An Account of the Proceedings against John Brown, _alias_ Humphry Moore, at the Old Bailey, in April, 1784, 278 LIST OF ILLUSTRATIONS. The first meeting of Deacon Brodie and George Smith, _Frontispiece_ Foot of Brodieâs Close, Cowgate, _facing page_ 12 Cock-fighting Match between the Counties of Lanark and Haddington in 1785, 15 Head of Brodieâs Close, Lawnmarket, 25 The Old Excise Office, Chesselâs Court, Canongate, 31 Deacon Brodieâs Dark Lanthorn and False Keys, 43 George Williamson, Kingâs Messenger for Scotland, 50 George Smith at the Bar, 55 The Old Tolbooth of Edinburgh, 62 Deacon Brodie, 66 The Solicitor-General (Robert Dundas), 81 Lord Hailes, 105 Lord Eskgrove, 113 Lord Stonefield, 130 Charles Hay (afterwards Lord Newton), 160 The Lord Advocate (Ilay Campbell), 165 John Clerk (afterwards Lord Eldin), 174 The Dean of Faculty (Hon. Henry Erskine), 181 The Lord Justice-Clerk (Lord Braxfield), 197 Facsimile of first page of MS. Register in the Brodie Family Bible, 238 Facsimile of Deacon Brodieâs Letter to the Duchess of Buccleuch, 269 DEACON BRODIE. INTRODUCTION. Few cities have preserved more faithfully than Edinburgh the traditions of former days, and none is richer in the material of romance. Throughout the length of the Royal mile extending from Holyrood to the Castle Hill, each tortuous wynd and narrow close owns its peculiar association, each obscure court and towering âlandâ has contributed, if but by a footnote, to the volume of the cityâs history. And where these visible memorials have perished beneath the slow assault of time, or succumbed to the more lethal methods of modern improvement, the legends which they embodied survive their dissolution and serve in turn to perpetuate their fame. Of the many memories that haunt the lover of old Edinburgh, wandering to-day among the vestiges of her romantic and insanitary past, perhaps the most curious is that of William Brodie, Deacon of the Wrights and doyen of the double life; by day âa considerable house carpenterâ and member of the Town Council; by night a housebreaker and the companion of thieves. It is nearly a hundred and twenty years since Deacon Brodie played out his twofold part at the west end of the Luckenbooths one grey October afternoon in 1788; but the close in the Lawnmarket which bears his name remains to this day. Here he was born and lived, man and boy, robber and decent burgess, for many reputable years; here his old father passed away, happy in the possession of so excellent a son; and from hence did the son essay that âlast fatalâ adventure, the issue of which was, for him, discovery and the scaffold. The house itself has long since vanished--a victim to the indiscriminate destruction which has swept away so much else worthy of preservation. You can no longer see the heavy oaken door with the cunning lock of the Deaconâs own contriving, and the turnpike stair down which, with mask and lantern, he so often stole at midnight upon his secret and criminous affairs. But if you follow him in fancy down the High Street and past the Nether Bow, to where a gloomy âpendâ leads into Chesselâs Court, you will find the tall front of the old Excise Office still rising within its âpalisadoes,â behind which lurked the trembling Ainslie; and if it be about the dusk of the evening, and your imagination is informed with the spirit of the place, you may even see the man rush wildly forth from the doorway up the court, and hear, in the succeeding silence, the three blasts of an ivory whistle. * * * * * The trial of Deacon Brodie has many claims upon the attention of a later age. It is of value to the antiquarian for the vivid picture it presents of the manners and customs of our forbears at a time when the life of Edinburgh yet flowed in the ancient arteries of the old city on the ridge, although beginning to circulate more freely in the spacious thoroughfares of the New Town already invading the fields across the valley. To the lawyer it is notable as affording a singularly graphic view of the old-time practice of our criminal Courts, as well as for the galaxy of legal talent engaged upon its conduct--with such men as Braxfield on the bench and Henry Erskine and John Clerk at the bar the proceedings could lack neither picturesqueness nor importance. The psychologic interest of the chief actorâs character and the dramatic elements in which his career abounds make a more general appeal; and so long as human nature remains the same will the story of the Deaconâs downfall be accorded an indulgent hearing. That story had for Robert Louis Stevenson a strong attraction. As early as 1864 he prepared the draft of a play founded upon it, which--after being at various times re-cast--finally took shape in the melodrama, âDeacon Brodie, or the Double Life,â written in collaboration with the late W. E. Henley, and published in 1892. It may even be that the conception of âDr. Jekyll and Mr. Hydeâ was suggested to Stevenson by his study of the dual nature so strikingly exemplified in his earlier hero; while in other of his writings he has touched the Deacon with a felicitous and kindly hand. Introduction. The birth of Deacon Brodie is thus recorded in the Register of Births for the city of Edinburgh-- âMonday, 28th September, 1741. To Francis Brodie, wright, burgess, and Cecil Grant, his spouse, a son named William. Witnesses--William Grant, writer in Edinburgh, and Ludovick Brodie, Writer to the Signet. Born the same day.â It is an inexplicable circumstance, although by no means uncommon, that so goodly a family tree as that of the Brodies should, in due course of nature, bear such degenerate fruit as the subject of this entry was destined to prove. His great-grandfather, Francis Brodie of Milnton, Elginshire, was a member of a family well known in the North of Scotland, and his grandfather, Ludovick Brodie of Whytfield, was a much respected Writer to the Signet in Edinburgh, who, on his death in 1758, was the oldest member of the Society. His father, Francis Brodie, was born in 1708, and in 1740 married Cecil, daughter of William Grant, writer in Edinburgh, with whose family he was already connected. Both the Deaconâs grandfathers, therefore, were members of the legal profession. There will be found in the Appendix a copy of a MS. Register of Births and Deaths kept by Francis Brodie in his family Bible, together with some account of that interesting volume, from which it appears that William was the eldest of eleven children, most of whom died in infancy. The entry relating to his birth has been cut out of the Register, presumably on his public disgrace some forty-seven years later. Francis Brodie was a substantial wright and cabinetmaker in the Lawnmarket of Edinburgh, where he carried on an extensive and prosperous business. In 1735 he was made a Burgess, and in 1763, a Guild Brother of his native burgh. That he stood high in the estimation of his fellow-craftsmen is evidenced by his being, in 1775 and 1776, elected a member of the Town Council as Deacon of the Incorporation of Wrights, and again in 1779 and 1780, in the same capacity; while in 1776 he also represented the Incorporated Trades of the city as their Deacon Convener. A further proof of the position and circumstances of the family is to be found in the fact that the close in which their house was situated became known by their name. This mansion, the most important in the close, was originally the town residence of the Littles of Craigmillar, having been built by William Little, a magistrate of Edinburgh, in 1570, whose brother, Clement Little, was the founder of the University Library. In the earlier titles of the property the close bears the name of its old residenters; but in Edgarâs map of 1742 it appears as Lord Cullenâs Close, from the eminent judge, Sir Francis Grant of Cullen, who in turn resided there. Brodieâs Close was formerly a âthrowgangâ or thoroughfare passing from the Lawnmarket to the Cowgate, the upper portion of which alone has escaped the âimprovementsâ that have so effectively changed the features of this part of the Old Town. The area occupied by the Deaconâs dwelling is now covered by Victoria Terrace, the building having been demolished about 1835, when the principal carved stones of the mansion were transported by Clement Littleâs descendants, in whose possession the property remained, to the garden of the family seat, Inch House, near Liberton, as relics of the habitation of their ancestors. The lower extremity of the close, in which were situated the Deaconâs workshops and woodyard, survived until a later date, the last traces of it disappearing to make way for the foundations of the Free Library. In the fine old tenement at the head of the close--often erroneously described as Brodieâs residence--is still to be seen the decorated hall of the Roman Eagle Lodge, a famous Masonic society of the eighteenth century, immediately beyond which, on the east side of an open court, stood the Deaconâs house. It is thus described by Chambers in his âTraditions of Edinburghâ as it existed in 1825--âBrodieâs house is to be found in its original state, first door up a turnpike stair in the south-east corner of a small court near the foot of the close. The outer door is remarkable for its curious, elaborate workmanship. The house is well built, and the rooms exhibit some decorations of taste. The principal apartment, of which the ceiling is remarkably high, contains a large panel painting of the âAdoration of the Wise Men,â and has an uncommonly large arched window to the west.â What became of this painting, which was attributed to Alexander Runciman, is now unknown. Of the early years of William Brodie we have, unfortunately, no record, but it may be assumed that he received an education suitable for the son of a well-to-do burgess. He was apprenticed [Illustration: Foot of Brodieâs Close, Cowgate. (From a Drawing by Bruce J. Home.)] to his fatherâs trade, and in due time became associated with him in his thriving business. In those days no self-denying ordinance obtained in the Town Council, and Francis Brodieâs municipal connection secured for him and his son the most of the city work. The young man had the ball at his foot, as the saying goes, and only good behaviour and application to business were required for the attainment of an assured position. Unhappily for himself, however, he soon exhibited that taste for dissipation which ultimately led to such dire results; and while his days were occupied in following his respectable employment, in which he speedily obtained proficiency, his nights were largely devoted to gambling and kindred pursuits. The social customs of the time were not conducive to steadiness and sobriety among the youthful citizens. It was the Edinburgh of Humphrey Clinker and of Tophamâs Letters; the âAuld Reikieâ of Fergussonâs convivial muse-- Auld Reikie! wale oâ ilka town That Scotland kens beneath the moon; Whare couthy chiels at eâening meet Their bizzing craigs and mouâs to weet: And blythly gar auld Care gae bye Wiâ blinkit and wiâ bleering eye. The early hours of the evening were at that period universally spent by Edinburgh tradesmen in one or other of the innumerable taverns of the old town. So soon as the business of the day was over, as Fergusson tells us-- When auld Saunt Giles, at aught oâclock, Gars merchant louns their shopies lock, There we adjourn wiâ hearty fock To birle our bodies, And get wharewiâ to crack our joke, And clear our noddles. âAll the shops in the town,â says Chambers, âwere then shut at eight oâclock, and from that hour until ten--when the drum of the Town Guard announced at once a sort of licence for the deluging of the streets with nuisances, and a warning of the inhabitants home to their beds--unrestrained scope was given to the delights of the table.â At the latter hour the more reputable roysterers sought their homes; but it was then that the clubs, which formed so prominent a feature of the old city life, began the business of the evening. Fergusson, who has given us in his incomparable âAuld Reikieâ a glowing picture of the Edinburgh of his day, thus alludes to the subject-- Now Night, thatâs cunzied chief for fun, Is wiâ her usual rites begun; Throâ ilka gate the torches blaze, And globes send out their blinking rays. Now some to porter, some to punch, Some to their wife, and some their wench, Retire, while noisy ten-hours drum Gars aâ your trades gae dandring home. Now mony a club, jocose and free, Giâe aâ to merriment and glee; Wiâ sang and glass, they fley the powâr Oâ care that wad harass the hour. But chief, O Cape! we crave thy aid, To get our cares and poortith laid: Sincerity, and genius true, Of Knights have ever been the due: Mirth, music, porter deepest dyâd, Are never here to worth denyâd; And health, oâ happiness the queen, Blinks bonny, wiâ her smile serene. Of this, the most famous of the Edinburgh social clubs, Brodie was admitted a member on 25th February, 1775. The Cape Club usually held its festivals in James Mannâs tavern, facetiously known as âThe Isle of Man Arms,â situated in Craigâs Close. The roll of the Knights Companions of the Cape contains many celebrated names, including those of David Herd, the antiquarian; Robert Fergusson, the poet; Alexander Runciman, the painter; and Sir Henry Raeburn--William Brodieâs election occurring four months after Fergussonâs death. Each member was required to assume some fanciful title, Brodie taking that of âSir Lluyd.â On the margin of the roll prefixed to the minute-book an ingenious member has drawn a representation of his last public appearance on the new drop, some thirteen years later. The insignia of the Sovereign of the Cape are in the possession of the Society of Antiquaries, together with the club records, excerpts from which relating to Deacon Brodie will be found in the Appendix. Had young Brodie been satisfied with the legitimate and very ample convivialities afforded by the Cape Club it would have been better for himself. But he became a frequenter of a disreputable tavern kept by James Clark, vintner, at the head of the Fleshmarket Close, where gambling by means of [Illustration: Cock-fighting Match between the Counties of Lanark and Haddington in 1785, at which Deacon Brodie was present. (_After Kay._)] dice was nightly practised in a select company of sharpers and their dupes. It is probable that this house still survives in the truncated portion of the close remaining between the High Street and Cockburn Street. He also developed, among other âgentlemanly vices,â a passion for cock-fighting, at that time a fashionable recreation among the young bloods of the capital, and was a regular attender at the _mains_ held in the cock-pit belonging to Michael Henderson, stabler in the Grass-market, of whom we shall hear further in the sequel. Brodie, who is said to have lost large sums in betting on his favourite sport, was present, among other âeminent cockers,â at the historic match between the counties of Lanark and Haddington, of which an account is given in âKayâs Portraits.â In allusion to this contest, Kay observes--âIt cannot but appear surprising that noblemen and gentlemen, who upon any other occasion will hardly show the smallest degree of condescension to their inferiors, will, in the prosecution of this barbarous amusement, demean themselves so far as to associate with the very lowest characters in society.â Brodie himself kept game-cocks in a pen in his woodyard, and retained to the last his attachment to the âart of cocking.â Between his bets at the cock-pits and his gambling at Clarkâs, the young man must have got rid of a good deal of money; and it is believed that he had already begun to supplement his income by the nefarious means which later he certainly employed. One night in August, 1768, the counting-house of Johnston & Smith, bankers in the Exchange, was entered by means of a false key, and upwards of Â£800 in bank notes carried off. Two nights afterwards Â£225 of the money was found, wrapped in paper, at the door of the Council Chamber; but the balance was never recovered, and no clue to the delinquent could be obtained. The discovery, many years afterwards, of Deacon Brodieâs exploits induced a strong suspicion that he was concerned in the affair. It was then recollected that, prior to the robbery, the Deacon had been employed in making various repairs on the premises, and had frequent occasion to be in the bank. The key of the outer door, from which it was ascertained he had taken an impression in putty, usually hung in the passage, a custom of which the Deacon, as we shall find, often afterwards took unscrupulous advantage. At this time, however, no one dreamt of suspecting Brodie, whose secret dissipations were known only to his disreputable associates. Outwardly he was following worthily in his fatherâs footsteps, and, on 9th February, 1763, was, like him, made a Burgess and Guild Brother of Edinburgh. In September, 1781, he also became a member of the Town Council as Deacon of the Incorporation of Wrights, and his connection with the Council continued from that date till the year before his apprehension, as follows:--Deacon of the Wrights in 1782 and 1783; Trades Councillor in 1784, and, again, Deacon of the Wrights in 1786 and 1787. In 1785 he was not a member of the Town Council. Robert Fergusson, in his poem, âThe Election,â has, with his usual felicity, portrayed the humours of an Edinburgh municipal election according to the old mode, when-- ... Deacons at the counsel stent To get themselâs presentit: For towmonths twa their saul is lent, For the townâs gude indentit. The minute of Deacon Brodieâs last election, on 20th September, 1786, will be found in the Appendix, together with other excerpts from the Council records, bearing upon his official life. In the new Deaconâs first year of office occurred the political contest between Sir Laurence Dundas, who had represented the city in Parliament from 1760 to 1780, and William Miller, afterwards Lord Glenlee. The Town Council was divided into two hostile camps, and extraordinary efforts were made by each party to secure the return of its own candidate. Both claimed to have been duly elected member for Edinburgh; but, as the result of a parliamentary inquiry, Sir Laurence retained the seat. Deacon Brodie made a conspicuous figure in this election by keeping back his promise to vote for either party, in consequence of which he became a man of great moment to both the candidates, because upon his vote the election turned. * * * * * On 1st June, 1782, Convener Francis Brodie âdied of the Palsy att his own house in Edinburgh, att 5 oâclock afternoon, in the 74th year of his ageâ; and William, his son, reigned in his stead. We read in the _Annual Register_ for 1788--âHowever extraordinary it may appear, it is a certain fact that Mr. Brodie at the death of his father, which happened about six years ago, inherited a considerable estate in houses in the city of Edinburgh, together with Â£10,000 in specie; but by an unhappy connection and a too great propensity to that destructive, though too predominant passion, gaming, he is reduced to his present deplorable situation.â That the Deacon owned some heritable property other than the family mansion in Brodieâs Close, appears from a statement by the author of âKayâs Portraitsâ (1877, vol. I., pp. 141-2). It is there said that a house in Gourlayâs Land, Old Bank Close, was purchased from the trustee for the Deaconâs creditors in 1789 by William Martin, bookseller and auctioneer in Edinburgh, who subsequently sold the property to the Bank of Scotland in 1793. From the state of affairs, which he prepared at a later date as aftermentioned, it is evident that Brodie owned, in addition to this property, three other tenements, respectively situated in Horse Wynd, at the Nether Bow, and in Worldâs End Close. We also find from the Council records that, in 1785, he was speculating in the building lots of the New Town. The âunhappy connectionâ above mentioned refers to the Deaconâs two mistresses, Anne Grant and Jean Watt. Anne Grant resided in Cantâs Close, and her relations with William Brodie must have been long continued, for she had borne three children to him, the eldest, Cecil, being a girl of twelve at the time of his trial. To Anne Grant he addressed one of the letters written after his escape from Scotland, by which, as will be seen, he was traced and brought to justice. Jean Watt, by whom he had two boys, lived in Libbertonâs Wynd, close to his own house, and was the principal witness to the _alibi_ attempted to be set up for him at his trial. Each of these women was presumably ignorant of the otherâs existence, and the Deaconâs connection with both appears to have been unknown to his family and friends. After his fatherâs death his sister, Jean Brodie, presided over his household; his other sister, Jacobina, to whom he refers in his letters as âJamie,â having married Matthew Sheriff, an upholsterer in Edinburgh. It seems incredible, regard being had to the confined and crowded stage on which the old city life was played, that Deacon Brodieâs protracted peccadilloes escaped the notice of those âstairhead critics,â who, Fergusson tells us-- Wiâ glowring eye, Their neighboursâ smaâest faults descry. But, if the facts were generally known, the estimable reputation which he nevertheless enjoyed is characteristic of the social conventions of his day. Had it not been for the Deaconâs unhappy propensity for gambling and dissipation, his circumstances at this time should have been highly satisfactory. During his term of office he was regularly employed by his fellow-Councillors to execute wrightwork in connection with the town--his accounts for the year 1782-3, for instance, amounting to upwards of Â£600. In addition to the city work, his social and official position had secured for him the best cabinetmaking business in Edinburgh; but, notwithstanding these advantages, he was frequently at a loss for money. Deacon Brodie was already, in Stevensonâs striking phrase, âa man harassed below a mountain of duplicity,â and to one so circumstanced it is not surprising that the idea occurred of putting his professional opportunities to an unlawful use. He knew the locks and bolts of all the houses of his customers; was familiar with their internal arrangements and the habits of the owners; and could, without incurring remark, exhibit in such matters a professional interest in the houses of his friends and acquaintances. No doubt he was sometimes consulted, at a later stage, as to the best means of defence against his own infraction. He was shortly, as we shall see, to become the leader of a gang of robbers, whose mysterious depredations, under his skilful conduct, were, during eighteen months, to baffle the authorities and strike terror to the hearts of wealthy burgesses; but at the outset of his career of crime the Deacon worked alone. âMany a citizen,â says Stevenson, âwas proud to welcome the Deacon to supper, and dismissed him with regret at a timeous hour, who would have been vastly disconcerted had he known how soon, and in what guise, his visitor returned. Many stories are told of this redoubtable Edinburgh burglar, but the one I have in my mind most vividly gives the key of all the rest. A friend of Brodieâs, nesting some way towards heaven in one of these great âlands,â had told him of a projected visit to the country, and afterwards, detained by some affairs, put it off and stayed the night in town. The good man had lain some time awake; it was far on in the small hours by the Tron bell; when suddenly there came a creak, a jar, a faint light. Softly he clambered out of bed and up to a false window which looked upon another room, and there, by the glimmer of a thievesâ lantern, was his good friend the Deacon in a mask.â Another story, illustrative of the methods of this pioneer of amateur cracksmen, is as follows:--One Sunday an old lady, precluded by indisposition from attending the kirk, was quietly reading her Bible at home. She was alone in the house--her servant having gone to church--when she was startled by the apparition of a man, with a crape over his face, in the room where she was sitting. The stranger quietly lifted the keys which were lying on the table beside her, opened her bureau, from which he took out a large sum of money, and then, having locked it and replaced the keys upon the table, retired with a respectful bow. The old lady, meanwhile, had looked on in speechless amazement, but no sooner was she left alone than she exclaimed, âSurely that was Deacon Brodie!â--which subsequent events proved to be the fact. On both of these occasions it is to be noted that, although the Deacon was recognised, no action was taken by his victims. In the first instance the man hesitated to denounce his friend; in the second the old lady preferred to doubt the evidence of her senses--a striking proof of the advantages conferred by a respectable reputation. Apart altogether from the question of gain, it is probable that Deacon Brodie, in adopting these criminal courses, was influenced by the dramatic possibilities of his new part. The minor duplicities which hitherto he had so successfully practised would thus be capable of development upon a larger stage; and, to one of his peculiar temperament, the prospect doubtless afforded fascinating opportunities for deception. To rob a friendâs house of an evening, and in the morning condole with him upon his loss; to carry through some daring burglary overnight, and gravely deliberate next day in the Council Chamber as to offering a reward for discovery of the perpetrator--these were situations after the Deaconâs heart. Throughout the whole course of the robberies which we are about to consider, it is to be kept in view that Deacon Brodie retained the respect and esteem of his fellow-citizens--for his reputation among the associates of his secret life is immaterial; daily pursued his lawful avocations; and regularly attended the meetings of the Council, taking his share in the conduct of the townâs affairs. And so masterly was his performance of this dual _rÃ´le_ that no suspicion of the Deaconâs integrity was aroused, until the failure of the âlast fatalâ business of the Excise Office and the treachery of an accomplice shattered, at once and for ever, the elaborate fabric of his deceit. We can form a vivid impression of the appearance of Deacon Brodie about this time from the description of him which was circulated some two years later. From this it appears that he was a small man--âabout 5 feet 4 inchesâ--of a slender build, and looking younger than his age. He had âdark brown, full eyes, with large black eyebrows, and a cast with his eye that gave him somewhat the look of a Jew,â a sallow complexion, and a peculiar manner of speaking, âwhich he did full and slow.â From the minute details of his dress and toilet it is evident that the Deacon was something of a dandy, or, in the language of the day, âa macaroni.â He had also âa particular air in his walk, and moved in a proud, swaggering sort of style,â while the advertisement includes such particulars as the size of his ankles and the turn of his calves. We shall afterwards find that this very candid portrait was not appreciated by its original. * * * * * About the month of July, 1786, there arrived in Edinburgh a man who was to exercise a powerful influence for evil upon the Deaconâs fortunes. This was George Smith, a native of Boxford, near Newburgh, in Berkshire, who was travelling the country as a hawker with a horse and cart. He was a stranger to Edinburgh, and put up at Michael Hendersonâs house in the Grassmarket, having heard it mentioned on the road as a travellerâs inn. Soon after his arrival 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 Hendersonâs 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 âsometime shoemaker in Edinburgh,â 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 Deaconâs 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 Smithâs 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 âthat 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.â 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, âin 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.â 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 MâKain, 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 âMichael Henderson, stabler in Grassmarket, his daughter.â About a fortnight later the two worthies again repaired to MâKainâs 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, âand 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.â 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 goldsmithâs shop near the Council Chambers was broken into and many valuable articles carried off--was also the Deaconâs 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 âhowffâ--Clark, the vintnerâs 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 Burnetâs Close, but who were not yet admitted to share the othersâ councils. On 8th December, we read that âthe shop of John Law, tobacconist in the Enchange, was broken into, and a cannister containing between ten and twelve pounds of money carried off.â 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, âwould be a very proper shop for breaking into,â 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 Clarkâs 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 âthe club,â 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 friendâs 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, âas the time for doing their business was going,â 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. âTen watches, five of them gold, three silver, with the whole rings, lockets, and other jewellery and gold trinkets in the show-boxes,â were all stuffed into two old black stockings and carried by Smith to the hospitable Mr. Hendersonâs 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 oâclock was âtirlingâ at the door in Brodieâs 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, âYou 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 yourselfâ--which certainly seems handsome behaviour on Smithâs 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 Â£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 Bruceâs 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 âin order,â as he said, âto sweep the shop clean,â 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 Â£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 for him, and give him as he required it; but Brodie âgained a great part of it at play.â The Deacon, therefore, did not do so badly after all. [Illustration: Head of Brodieâs Close, Lawnmarket. (From a Drawing by Bruce J. Home.)] It is interesting to note in passing that during this period--the winter of 1786-7--Deacon Brodie had for an opposite neighbour no less a person than Robert Burns. While the poet was sharing his friend Richmondâs lodgings in Baxterâs Close, Lawnmarket, there also dwelt in the adjacent Wardropâs Court Alexander Nasmyth, the artist, whose portrait of Burns was painted at this time. It is probable that the poet, the painter, and the Deacon foregathered with other kindred spirits at Johnnie Dowieâs tavern in Libbertonâs Wynd, the recognised resort of the Edinburgh wits of that day. * * * * * The partners seem to have rested satisfied with the substantial profits of their last transaction for a considerable time, for the next robbery of which we have any details was not carried out till 16th August, 1787. In this, for the first time, they had the advantage of Ainslieâs assistance, he being taken into their confidence for that end. The three repaired to Leith, to the shop of John Carnegie, a grocer at the foot of St. Andrew Street, which Ainslie and Smith entered by means of pick-locks--Brodie remaining without to watch--and carried off â350 pounds of fine black tea,â at that period a very valuable haul. Two wallets were filled from the chests in the shop, but âAinslie being ill at this time and Brodie being weakly,â they were forced to abandon one of the wallets, which they hid in a shed in a field by the Bonnington Road, where it was afterwards recovered. The Deacon objected to the other wallet being taken to his house, and what became of it is not known. In their next undertaking the company was raised to its full strength by the accession of John Brown _alias_ Humphry Moore, whose previous experiences in England eminently qualified him to take an important part in such criminal enterprises. Brown appears to have been spending the autumn in Stirlingshire, but his visit was suddenly brought to a close in September on his banishment from that county by the Justices of the Peace for a theft committed by him within their jurisdiction. This was a more boldly conceived robbery than the gang had yet attempted--no less than the theft of the silver mace belonging to the University of Edinburgh. The Deacon, in the course of those walks with Smith, in which healthful exercise was combined with an eye to business, âcarriedâ the latter âto the College Library, where, having observed the mace standing, Brodie said that they must have it.â Ainslie was accordingly sent to see where the mace was usually kept, and reported that it was in the Library, where the others had seen it. Accordingly, on the night of 29th October, 1787, the quartet proceeded to the University. âHaving got access at the under gate, they opened the under door leading to the Library with a false key, which broke in the lock; and thereafter they broke open the door of the Library with an iron crow, and carried away the College mace.â The magistrates offered a reward of ten guineas for a discovery of the thieves, but without success. The mace was forthwith despatched to the accommodating Tasker, of Chesterfield, at the appropriate address of the âBird in Hand,â and the macer thereof knew it no more. Brown appears entitled to the credit of planning the next robbery, and took a leading part in its execution. In those days the merchants of Edinburgh usually resided above their business premises, and the key of the shop was hung on the inside of the door--a habit highly appreciated by the Deaconâs little band. Brown brought to Smith the key of a shop belonging to one John Tapp, which, he said, also opened the door of that gentlemanâs house; and Smith, having cast a professional eye over same, assured him âthere was nothing in it.â Thereafter, one evening about Christmas time, between nine and ten oâclock, Brown dropped in upon John Tapp, whom he detained in his shop over a friendly and seasonable bottle. His associates, meanwhile, opened the house door with a false key and rifled the good manâs repositories, making off with âeighteen guinea notes, and a twenty shilling one, a silver watch, some rings, and a miniature picture of a gentleman belonging to Tappâs wife, which picture they broke for the sake of the gold with which it was backed.â One wonders if Mrs. Tapp mentioned the loss to her husband. These valuables accompanied the mace to Chesterfield, where John Tasker _alias_ Murray seems to have driven a brisk, though illegitimate, trade, along with a letter to him, written by Brown in Smithâs name, arranging for their disposal. Soon after this the Deacon, ever on the alert for a good stroke of business, suggested to his partners the âdoingâ of the shop of Messrs. Inglis & Horner, silk mercers at the Cross of Edinburgh, âas the goods there were very rich and valuable, and a small bulk of them carried off would amount to a large sum.â He and Smith frequently went to examine the padlock, âwhich they did most commonly on the Sunday forenoon when the people were in church.â They found this necessary, as the lock proved to be of a difficult construction. Brodie made a key for it himself, and went one night alone to test its efficacy, probably with the view of stealing a march upon the rest, and doing a little private practice outwith the knowledge of his colleagues. When he tried the key, however, although it unlocked the padlock
{'title': 'Trial of Deacon Brodie by William Roughead, William Brodie, and George Smith', 'source': 'Project Gutenberg', 'lang': 'en'}