Transcription
Trial & Sentence A Full and Particular Account of the Trial and Sentence of JAMES DAL. RYMPLE, for the Horrid and Cruel Murder of DONALD FRASER, Labourer, on Sunday the 23d February last, on the road near Linlithgow, by Shooting him, and who is to be Executed on Wednesday the 3d June, 1840.
Edinburgh, 13th May 1840.?The trial of James Dalrymple came on here before the High Court of Justiciary, this day, accused of the murder of Don- ald Fraser, labourer, on Sunday the 23d day of February last, in so far as, " on the road leading from Linlithgow to Queensferry by the Burgh- muir and Hoptoun-wood toll-bars, in the county of Linlithgow, and within 300 yards of the said Burgh-muir toll-bar to the west thereof, or between the said Burgh-muir toll-bar and Burgh-muir farm- house, situated on or near to the said road, and now or lately occupied by John Jamieson, farmer, you the said James Dalrymple did wickedly and felon- iously discharge a gun or fowling-piece loaded with gun-powder, and with leaden shot or pellets, or some other hard substances to the Prosecuter un- known, at Donald Fraser, labourer, then or lately before residing with Duncan Macfarlane, publican, then and now or lately residing in or near Linlith- gow, and the said shot or pellets, or part thereof, having struck the said Donald Fraser on or near his neck, left side, and back, or other parts of his person, he was thereby mortally wounded, and immediately or very soon thereafter expired, and was thus murdered by you the said James Dal- rymple." To which he pled Not Guilty. Several witnesses were then examined in support of the charge, whose evidence distinctly described the circumstances of the case. Exculpatory evidence was called to prove the disorderly conduct of several Individuals speaking the Gaelic language on the same roan on the night libelled; as also the uniform good character and peaceable disposition of the pannel. The Jury were then addressed by Counsel for the Crown, contending that whatever might be their feelings for the pannel in this case, they were bound to find against him a verdict of murder ss laid in the indictment. Mr P. Robertson, at grert length, followed for the pannel, holding they were entitled to bring it in only as Culpable Homicide. Lord Meadowbank then went over the whole evidence, and explained the bearings of the law in such cases. The Jury after a short consultation, returned with a verdict finding the pannel Guilty as libelled, by a majority of three, but unanimous- ly and strongly recommending him to mercy. He was then sentenced to be Executed at the usual place of Execution, in the Lawnmarket, on Wed- nesday the 3d of June, 1840. Menzies, Printer, Bank Street.
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1840 shelfmark: L.C.Fol.74(205)
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