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with a hammer, or other ponderous and lethal instrument
to the Prosecutor unknown, strike him several severe
blows on the head, by which his skull was fractured, and
he was instantly bereaved of life, and thereby murdered
by you the said John Henderson: (2.) FARTHER, at
various times to the Prosecutor unknown, from the said
26th day of June 1830 to the 24th day of July 1830, you
the said John Henderson did, within the said house or
weaving apartment occupied by the said James Millie
before his said death, situated at Whinny park aforesaid,
wickedly and feloniously steal, and theft uously carry
away therefrom, the various articles specified and con¬
tained in the Inventory No. I. hereunto annexed, as rela¬
tive hereto, being all, at the time of his death, the pro¬
perty or in the lawful possession of the said James Millie,
and at the time of the said theft or thefts the property, or
in the lawful possession of Jean Millie or Barclay, wife
of John Barclay, merchant, then or lately residing at
Strathmiglo, in the parish of Strathmiglo, and county of
Fife, or of the said John Barclay, and of Catharine Millie
or Smith, wife ot James Smith, mason, then or lately re¬
siding at Moonzie, in the parish of Moonzie, and county
of Fife, executors and nearest of kin of the said James
Millie, or the property or in the lawful possession of some
other persons to the Prosecutor unknown, the heirs, exe¬
cutors, or representatives of the said now deceased James
Millie: (3.) FARTHER, on the 15th day of July 1830,
or on one or other of the days of that month, or of June
immediately preceding, you the said John Henderson did,
within the said house formerly occupied by the said James
Millie, situated at Whinny park aforesaid, or in some
other place within the county of Fife to the Prosecutor
unknown, fraudulently, wickedly, and feloniously forge,
fabricate, and counterfeit, or cause or procure to be forg¬
ed, fabricated, and counterfeited upon the back of a de¬
posit receipt for £18, 4s. 7d. sterling, by the branch of
the Commercial Banking Company of Scotland, at Cu-
par-in-Fife, in favour of the Right Honourable the Earl
of Leven and Melville, and which was blank indorsed by
the said Earl, and which was lying in the repositories of