Broadside entitled 'Trial and Sentence!'

Transcription

Trial and Sentence!

A Full, True, and Particular ACCOUNT of the Trial and
Sentence of ROBERT JOHNSTON, GEORGE GAL-
LOWAY, and JAMES LEES, for Assault and Robbery, on
the 25th of October last, on the High Road, south of St.
Patrick's Square, Edinburgh; one of whom, (Robert John-
ston), is to be Executed at Edinburgh on Wednesday the
30th of December next. George Galloway to be Banished
for Fourteen, and James Lees for Seven years, beyond seas.

YESTERDAY, (Monday the 23d November, 1818,) came on before the
High Court of Justiciary, at Edinburgh, the Trial of ROBERT JOHN-
STON, GEORGE GALLOWAY, and JAMES LEES, accused of Assaulting
and Robbing Mr JOHN CHARLES, Candlemaker in Edinburgh, early on the.
morning of Sunday the 25th of October last, on the high road, a little to the
south of St. Patrick Square, on his way home to his house in Sciennes Street,
and taking from him the sum of £360 sterling, two bills, a watch key, and
part of a watch chain. Galloway and Lees pleaded Guilty to the indictment,
and Johnston Not Guilty.

John Charles, Candlemaker in Edinburgh, declared, that he was in a house
in the Fleshmarket Close, on the evening of the 24th ult. along with three other
persons, and staid there till about twelve o'clock, at which time he left the house,
and proceeded along the South Bridge and Nicholson Street, on his way home.
He was perfectly sober, after passing St. Patrick Square, about half way to the
Weighing-house, witness saw three persons a few yards before him, one of them
came forward and attacked him, and the other two came on afterwards. Wit-
ness then called out Robbery, and Police, when one of them presented a pistol
at him, and said, D?n you, do you see that; if you call out again, I will blow
your brains out: but could not tell which of the three it was. Witness was
then tumbled off the footpath, and grasped by the throat, which bled his lip;
and while one held him down, by lying upon him, he felt another put his hand
into his pocket, and pull out his money, consisting of L. 360, a bill for L. 212,
and an acknowledgement for L. 40, and also that his watch was violently grasp-
ed at, but not taken from him : Witness then saw the three persons who rob-
bed him run over the wall, and one of them had on a fustian jacket, which he
found afterward to be Johnston, who was the most active in the robbery. He
had just time to get on his feet, and was looking for his hat, when a watchman
came up to him. There was another hat lying on the ground, which was taken
to the watch-house, whither he also went, and stated to Captain Brown the whole
particulars of the robbery : Witness was afterwards informed by Mr Harvie, so-
licitor, Leith, that a considerable sum of money had been lodged in his hands
by a person named Munoch, which he suspected was part of what was stolen
from him.

William Munoch, servant to Mr Darling, Leith, is acquainted with Johnston
and Galloway. They came to his room on the 25th ult. at half-past seven o'-
clock, when Johnston asked him to rise and get a dram of whisky with him
and Galloway, witness went with them to a house at Bonnington Toll, possessed
by Mrs Taylor, where Johnston asked him if he would keep some money for
him a day or two, which he consented to do, and got from him accordingly, a
number of notes all squeezed together. Johnston told him he got the money
from a drunk man, and witness immediately put it into his pocket. They then
proceeded to another public house nearer Edinburgh, and after sitting there for
some time, witness went home, when he found that the money he received a-
mounted to £304 : 6s Witness did not know what to think of the money and
therefore communicated the whole affair to his master, who went next day along
with him to Mr Harvey, solicitor, and delivered the money to him, together with
all the circumstances of the case. Witness saw the money given to Captain
Brown, and a receipt got for it, and put his initials on the back of the notes,
which he now sees and identifies. This witness was seriously admonished to
keep good company in future.

Alexander M'Kay, night watchman, knows the prisoners, and saw them on the
night of the robbery, at half-past twelve o'clock, when they were all together, and
another boy with them. James Richardson, night watchman, knows Mr Charles,
and remembers on the night of the 24th ult. of hearing a call of " Robbery !"
and " Police," upon which he immediately went to the place from which the cry
proceeded, and found Mr Charles standing without his hat, which was soon found,
and another hat lying near it, when Mr Charles told him he had been robbed.

After the examination of several other witnesses, the Lord Advocate shortly

addressed the Jury for the Crown, and the Lord Justice Clerk then summed up

the evidence at considerable length; when the jury without leaving their seats,

returned a viva voce verdict, unanimously finding the prioners, Galloway and

Lees,Guilty,upon their own confession, and also John ston from incontoverta-

able evidence.

The Lord Justice Clerk then pronounced the awful sentence of the law upon

the prisoners, which was, that Galloway should be transported beyond seas for

fourteen, and Lees for seven years; and that Johnston should be executed on

Wednesday the 30th of December next. His Lordship then solemnly exhorted

Johnston to prepare for his awful change, and to spend the few days yet allow-

ed him on earth in endeavouring to make up his peace with Almighy God.