Broadside concerning the proceedings of the Circuit Court of Justiciary, Glasgow

Transcription

A particular account of the procedure of the Circuit Court of justiciary
held at Glasgow on Tuesday, Wednesday, and Thursday the 19, 20,
21st of September 1786, giving a particular account of the trial and
sentence of the different criminals.                     

THE Circuit court of justiciary was opened
here on the 19th of Septr. 1786   by   the
Honourable the Lord Justice Clerk and Lord
Braxfield, and after prayer by the Revd. Mr.
M'Call one of the ministers of this city, the
Sheriffs of the three counties of Lanark, Ren-
frew   and Dumbarton were called upon and ap-
peared, Then the Lord Advocate for Scotland
his commission was read appointing Mr William
Craig advocate, to be his advocate depute for the
western circuit, and the oaths of allegence and
abjuration having been tendered to him he ac-
cordingly took the same; and thereafter David
Aitken, alias Anderson, present prisoner in the
tolbooth of Glasgow was called to the bar, when
the advocate depute, on account of some certain
circumstances deserted the diet against the prison-
er pro loco et tempore, and thereafter presented a
petition to the Judges craving a new warrant of
commitment against him to be incarcerate in the
tolbooth   of Glasgow, which   they accordingly
granted, and in consequence thereof he was im-
mediately carried back to prison.

John Cox present prisoner in the tolbooth of
Glasgow was then called to the bar, the libel or
indictment being read to him by the clerk of
court, he was asked by the Lord Justice Clerk
if he was guilty of the crime charged and now
read on which he began to speak but could not
be understood on account of some impediment in
his speech, when Mr Hogg advocate arose and
moved in court that the pannel now standing at
the bar was an absolute idiot, and said he had not
the least doubt but he could prove the same, upon
which he was ordered back to prison until six
o 'clock at night; afterwards Kennedy Murray,
present prisoner in the tolbooth of Glasgow, chr-
ged with breaking into a house in the old wynd,
and stealing from thence a box belonging to a
trvelling chapman, and habite and repute a thief,
was brought to the bar, the Judge asked him how
old he was, the pannel answered that he was nine-
teen his indictment being read by the clerk of
court, Mr Hogg advocate presented a petition
signed by the pannel craving to be banished,
which the advocate depute consented to, on which
he was ordered back to prison, the court then
adjurned till six o'clock at night.

Between six and seven the court again met,
When John Cox was ordered to the bar, and af-
ter several long speeches for the crown and for
the pannel the court allowed a proof of his insa-
niry or being an idiot, and after a number of wit-
nesses were examined several of whom were sur-
geons; one in particular being asked if he thought
the pannel knew good from evil, answered he did
not think it,for when he reproved him for any evil
action, and asked him What he thought would
become of him? he made answer, that there were
no devils here but that they were all in the castle
of Stirling. The court then adjourned to ten
o'clock next day.

Sept. 20. The court being met according to
appointment, John Cox was again brought to the
bar, when their Lordships having considered the

depositions of the witnesses, they found it proven
that the pannel was in such a state as rendered
him not a proper object trial and insane. They
therefore ordained him to be carried back to prison
therein to be detained until sufficient caution be
found acted in the books of ajdournal, that he
shall be kept in some sure place so as not to hurt
the public under the penalty of 500 merks.

David Barcley weaver in Beith was then
brought to the bar, when the advocate depute
for certain reasons deserted the diet against the
prisoner, and craved warrant of commitment a-
gainst him, when he was ordered back to prison,
and from thence to be remitted back to Paisley
prison.

Elizabeth Paul, alias Wilson was thereafter brought
to the bar, indicted for stealing cloth from a bleach-
field in the Abby parish of Paisley, and being habite
and repute a thief ; the indictment being read to her
she was asked if she was guilty? she answered not.
Where upon their Lordships found the lybel relevent
to infer the pains of law, and after several witnesses
were examined, the advocate depute sumed up the
evidence on the part of the crown, and Mr Clerk
advocate for the pannel, when the Lord Justice
Clerk charged the Jury in a very able speech, and
the Jury having inclosed, in a short time returned a
verdict unanimously finding the lybel proven, their
Lordships delayed pronouncing sentence till to-
morrow one o'clock.

Daniel M'Kay was also called to the bar, and the
indictment beeng read to him, he was asked if he
was guilty of the crime lybelled, to which he made
answer that he was, upon which their Lordships
found the lybel relevent to infer the pains of law,
and remitted the pannel to the verdict of an assize,
and after several witnesses were examined, the Ad-
vocate depute summed up the evidence on the part
of the crown, and the pannel's Advocate for his
part, when their Lordships charged the Jury, after
which they were inclosed, and in a short time re-
turned a verdict unanimously finding the lybel pro-
ven, when their Lordships delayed passing sentance
till the time aforesaid.

Sept. 21 st, The court met according to appoint-
ment, and Daniel M'Kay being brought to the bar
was sentenced to be banished for life, and his service
adjudged for seven years, with certification if ever
he was found in Great Britain he should suffer death.
Next Kennedy Murray was called to the bar, and
was sentenced to be banished for fourteen years, and
his Service adjudged for seven years, with certifica-
tion if ever he was found in Scotland during that
period he was to be whipped upon the Wednesday
after his being brought to Glasgaw prison. And
lastly, Elizabeth Paul, alias Wilson being called to
the bar, the verdict of the assize was read to her,
and after the Judge had long reasoned on the hain-
ousness of her crime, afterwards passed sentence,
which was, to be carried back to prison until the 25
day of Octr. next and on that day to be taken from
thence to the common place of execution, and there
to be hanged by the neck betwixt the hours of two
& four o'clock afternoon until she was dead.

Lord Justice Clerk admonished her to employ the
short time that she had to live in preparing for a
future state, & warned the spectators to take warn-
ing by the poor unhappy woman now at the bar, e-
specially young persons, by showing how hard it was
to bring those that had been long addicted to vici-
ous habits off from them.

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