Transcription
PERTH CIRCUIT. PERTH, Wednesday 17th April 1833. JOHN Moir was then placed at the bar, accused of Wilful Fire-raising. The Counsel set up a plea of insanity-which he proceeded to establish by the evi- dence of Dr John Stewart, who deponed to his having at various times an opportunity of examining the state of the panel's mind?that he had seen him this morning?that he had also seen him almost every ten days during the three last years, and he is of opinion that the panel is not a responsible moral agent ?that he never was perfectly sane, his mind during the whole of witness's experience of him, being in a state of imbecility?that he has known him lie in his bed for ten days at a time ?never knew him read, and was perfectly incapable of carrying on a connected con- versation. Dr Malcolm followed, and corroborated the evidence of the preceding witness. Lord Moncrieff then proposed that such order should be taken with the prisoner as would prevent similar attempts in future. To which Lord Medwyn assented ; and the panel was removed from the bar to the jail, there to remain until otherwise disposed of. MARY CLARK, otherwise DONALDSON, accused of Theft, aggravated by being habit and repute a thief. ?Pleaded guilty. After a suitable admonition from the Bench, sentence of seven years' transportation was pronounced against her. PETER COUPAR, (from Dundee) charged with House-breaking and Theft, pleaded guilty. Sen- tence?14 years' transportation. JANET KENNEDY or MUIR (from Dundee) ac- cused of Theft, with the aggravation of habit and repute, pleaded guilty. Their Lordships were of opinion that imprisonment in this case would be fol- lowed with no improvement, therefore they felt it imperative on the Court to sentence the prisoner (though aged) to 7 years' transportation. JANET LINEMAN or ANDERSON, (Perth) accused of Theft, with the aggravation of habit and repute, and previous conviction, pleaded guilty. Sentence, 7 years' transportation. MARGARET M'KINNON or M'DONALD, charged with Theft, habit and repute, pleaded guilty. Sen- tenced to 7 years' transportation. WILL SYMERS or SIMMERS and GEORGE BLAIR WALLACE (from Dundee),?two boys charged with Theft by House-breaking, aggravated by habit and repute, and a previous conviction.? Both pleaded guilty. It was urged by Counsel, in alleviation, for one that he was only nine years of age, and for the other that he was not many years older: that they had emitted a confession on their being apprehended which they sentenced to 7 years' transportation. MARGARET STIRLING, (from Dundee) charged with theft, habit and repute, with a previous conviction, pleaded guilty. Sentence seven years' transportation. MARY THORNTON or DAKERS, charged with theft, habit and repute with previous conviction. Sentence seven years' transportation. WILLIAM FRAZER, Perth, charged with theft from lockfast places, habit and repute, pleaded guilty to two acts of theft stated in the indictment, but not to ha- bit and repute, nor stealing from lockfast places. The aggravation libelled being passed from, in consideration of the panel's having already been four months in jail, the Court restricted the sentence to imprisonment for nine months in the Perth jail, with such labour as the establishment admits of. After several unimportant trials for Theft, aggravat- ed by habit and repute, CHARLES Ross, and GEORGE KERR, or CAR from Dundee, were placed at the bar? charged with theft, aggravated by being habit and repute, with a previous conviction. Ross pleaded guilty?Kerr not guilty. After a variety of witnes- sses were examined, Lord Moncrieff summed up the evidence, when the Jury, after a few minutes' consulta- tion, returned a verdict of guilty. Both panels were then sentenced to 7 years' transportation. WILLIAM KIRK, accused of two separate acts of Theft, aggravated by habit and repute, was put to the bar, and having pleaded not guilty, a number of wit- nesses were examined, whose evidence all went to cri- minate the panel. The Jury, after some little delibera- tion, gave in an unanimous verdict of guilty. The pri- soner was then sentenced to 12 months' imprisonment On hearing the sentence he exclaimed, ' I'm no gawn to be banished yet.' ALEXANDER SUTHERLAND, from Dunfermline, charged with theft by housebreaking, having entered the house of Henry Arnot, and stolen therefrom several articles of wearing apparel. The panel pleaded not guilty. Several witnesses were examined, who gave a very circumstantial account of the affair, all tending to bring the crime home to the panel. The Advo- cate Depute then addressed the jury in behalf of the prosecution, after which Mr H. G. Bell replied in be- half of the panel, in a speech of great power and elo- quence. The Jury then returned a verdict, finding the panel guilty ; and he was then sentenced to 7 years transportation. THURSDAY, April 18. The Court met this day at 9 o'clock, and proceeded to the trial of JOHN STEWART, ac- cused of murder :?'In so far as upon the 3d day of October, 1832, the said John Stewart did, within or near to the house then occupied by him, situated at or near to Cally, near Dun- keld, in the County of Perth, attack Christian Mackintosh, otherwise Stewart, his wife, and did with an axe, strike her several severe blows on the head, in consequence of which injuries the said Christian Mackintosh, otherwise Stew- art, immediately or soon after died, and was thus cruelly murdered by said John Stewart. The panel, who is a decent-looking man, about 60 years of age, and evincing nothing in his appearance indicating cruelty or ferocity, heard the indictment read without any appa- rent emotion, and calmly answered ' Not guilty.' Upon the Jury being empanelled, a defence was read, holding that the panel was not re- sponsible for the death of his wife, as at that period he was under a state of mental derange- ment?and that if she came by her death at his hand, it was the result of disease and not of design. A list of witnesses in support of this defence was also given in. ISABELLA STEWART, daughter of the panel, was next called. Lord Medwyn made the wit- ness aware that she had the privilege, from her consanguinity to the panel, to decline giving any evidence, but if she was disposed to give she was bound to tell the whole truth. Mr Crawford, Counsel or the panel, said she Was citedi n exculpation, and therefore he could not advise her to decline giving evidence. Examined by the Depute-Advocate? Was residing at Cally with her father last October ; was at a loch near the house washing one day in the beginning of that month; her sister was with her ; returned about a quarter past nine after being more than half an hour absent from the house ; her father was not in the house when they went out to wash ; met him at the door on her return, and he asked ' Where the devil had they been ?' He took hold of witness, drew a knife from bis pocket and opened it ; did not say any thing exactly at that time, nor till a minute or two after ; witness did not try to go into the house, but her sister did ; panel let wit- ness go then, and tried to get hold of her sister, took hold of witness a second time by the throat, having the knife still in his hand.? Witness asked what was the matter, but he did not tell her. Witness thought he was angry with her for going to the loch with the washing. Witness did not go into the house, but ran towards the garden with her sister. Her father took hold of her a third time, and said he wanted to kill her. Said 'd?n you. it is you I want.' Witness got free and went down to Spoutwells, but not knowing at the time what had happened. They then asked him again what was the matter?upon which he answered that he had killed their mother, and he would kill them too. This was immediately before going to Spoutwells, where she found her brother Daniel, who with a man named John Rattray, on hearing them crying, went on to Cally. Did not go back herself till some time after. Saw nobody about the house but her father when she came back at first from the loch. Had left mother in bed apparently well when they went to the loch. Mary Stewart, youngest daughter of the panel; and Daniel Stewart, his son, gave similar evidence. JOHN RATTRAY, gardener, Dunkeld, knows Daniel Stewart, the last witness, and his sisters ; recollects of the latter coming to their brother's house between 9 and 10 of the morning of 3d October; went to panel's house with Daniel ; saw nobody there but a woman lying dead ; knew it to be the body of panel's wife; saw a large cut or gash on the forehead ; left the house without shutting the doors; met Dr Kilgour, and returned to the house along with him ; found every thing in the same state ; saw an axe in the house; knew panel by sight, and spoke to him occasionally, but had no intimate acquain- tance of him. ALEXANDER MUIR KILGOUR, surgeon Dunkeld, was taken to panel's house by his son on the morning of 3d October; saw the deadbody of a woman in the kitchen; felt the body, very little heat in it; the body must have been dead more than half an hour; did not know Mrs Stewart personally. [Here the doctor read a report which he along with some other members of the profession had made on the case.? The wounds were described as very severe.] Identi- fied the axe pointed out by Rattray, and thinks it the instrument which had inflicted the wounds ; has oc-. casionally seen the panel, and at one time attended him professionally. he thinks about ten or twelve years ago ; attended him then on account of iflammatory symptoms ; at that time he appeared in sound mind. Cross-examined?The wounds were sufficient to cause instant death ; there was no appearance of any struggle ; witness' attention was not called to the state of panel's mind. Captain C. H. Ross?Has for some-time had the general charge of the woods about Dunkeld ; panel was in witness's employ, in charge of that part of the woods nearest Dunkeld ; he had fair wages, and was perfectly capable of discharging his duty; witness saw him every morning, and sometimes through the day ; panel's conduct was always quite correct, but there was an apparent obtuseness or dullness about him, and he did not seem to comprehend witness's or- ders sometimes,but they were always correctly executed. Dr Ma'colm, physician in Perth, identified the re- port on the state of Mrs Stewart's body, which report he had subscribed along with Dr Kilgour, &c. ; the death must have been almost instantaneous ; is a phy- sician to Murray's Royal Asylum ; had seen the pa- nel on the 4th and 5th October, again on the 1st of April, and frequently since; from his own observa- tions, and what he had heard in evidence to-day, he conceived himself competent to give an opinion on the state of his mind ; thought him perfectly sane when he first saw him, anid is of the same opinion still; does not hold an attempt to commit suicide an infallible proof of insanity John Stewart panel's eldest son?his father was subject to low spirits at times. One morning n 1815, his ather went out early, and not having re- turned by five o'clock search was made, when he was found in a seed-room covered with blood.For some time he was tied and witness was not allowed to see him. About a month after, he was confined sometime in Dunkeld. He was frequently subject to low spirits after, and the Sunday before his mother's death he appeared much worse. A number of other witnesses gave evidence to prove that the panel had formerly attempted to commit suicide,?that he was subject to epiliptic fits,?and that he was insane. After a patient investigation of all the cir- cumstances of the case, the criminal was sen- tenced to be executed on Tuesday the 14th May next. His Lordship, in announcing the sentence, implored him to make his peace with Heaven, as he had no hope of mercy on earth. The trial lasted from nine in the morning, till eleven at night, and produced great excite- ment in the neighbourhood, from the horrid circumstances attendant on the murder. Stewart was brought into Perth for the mur- der, at the time that Chisholm was receiving sen- tence of death last Circuit, for a similar crime, for whom a plea of insanity, it will he recol- rcted, was also attempted to be established. No one's life would be safe were the murderers allowed to escape, merely by pretending mad- ness.
View Commentary | Download PDF Facsimile
|
|
Date of publication:
1833 shelfmark: F.3.a.13(87)
View larger image
|