Transcription
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 great length. 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.
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Date published:
1824 shelfmark: F.3.a.14(27a)
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