Trial and Sentence.
A Full and Particular Acconnt of the Trial and Sen-
tence of DONALD ELPHINSTONE, who is to be Execut-
ed at Edinburgh, on Wednesday morning, the 28th
of July, 1824, for the Murder of Mary Stark; or
Croket, his mother-in-law, on the 20th of Februrry
last, in Libberton's Wynd, and whose body is to be
given to Dr. A. Munro for Dissection.
Edinburgh, 2lst June, 1824.
THIS day came on, before the High Court of Justiciary, the
Trial of DANIEL, alias DONALD ELPHINSTONE, Paint-
er and Glazier, for the Murder of Mary Stark, or Croket, his mo-
ther-in-law, in Libberton's Wynd, on the 20th of February last.
On the indictment being road, and the Jury chosen, the pannel
plcaded Not Guilty. A considerable number of witnesses were
called, whose testimony were very similar as to the main facts of
the cause. It appeared, that Elphinstone and his wife, (who had
been cohabiting with a person of the name of M'Intosh,) accident-
ally met on the 20th of February last, in Libberton's Wynd, at
the door of the deceased ; that some ill language had passed be-
tween the prisoner and his wife, and that he threw a fourteen pound
weight at her. She then came to the door, crying out murder!
The deceased was coming up the wynd at the time, not quite sober,
as alleged and she lifted up an empty water stoup, which she threw
at the pannel, this he threw back, and afterwards drew a knife, from
his pocket, and thrust Mrs Croket below the 10th rib. The de-
ceased was then carried to a surgeon, and afterwards to the Royal
Infirmary when she died, on the 9th of March. A number of per-
sons with whom the pannel had been employed as a Painter and
Glazier gave him an excellent character. The Jury were addressed
by Mr Alison, for the prosecution, and by Mr Maitland, for the
prisoner. The Lord Justice Clerk summed up the evidence, at
The Jury then retired, and, after an hours consultation, returned
with a verdict, finding by a plurality of voices, the pannel guilty,
but unanimously recommended him to mercy, on account of his
previous good character. In the course of a solemn and impressive
address, the Lord Justice Clerk recommended to the pannel to em-
ploy the few remaining days allowed him on earth in the important
work of repentance, which was the duty, of every man, but more
especially his, whose days were numbered. He said, the Court
had no alternative, but to pronounce the awful sentence. Murder
had ever been considered, and ever would be considered, a capital
offence. He implored the prisoner, though he had been recommend-
ed to mercy, not to lay the flattering unction to his soul, but pre-
pare for the great change, and seek his peace in Heaven, through
the merits of his blessed Redeemer.
The sentence of the Court was then read, ordaining the prisoner
to be executed at Edinburgh, on Wednesday, the 28th July next,
and his body to be given to Dr Alexander Monro for dissection.
After sentence was pronounced, the prisoner burst into tears,
while his brother, who was sitting immediately behind him, shook
him cordially by the hand, as did several other friends and ac-
quaintances. He was then removed from the bar.
PRICE ONE PENNY.
View Commentary | Download PDF Facsimile
1824 shelfmark: F.3.a.14(27a)
View larger image