Transcription
An Interesting Account of the Trial and Sentence of MARY M'KINNON, who is to be Executed at Edinburgh, on Wednesday the 16th of April next for the Murder of William Hewat, by Stabbing him in the Breast with a Table Knife, and her Body given for Public Dissection. YESTERDAY, Friday 14th March 1823, came on, before the Court, the trial of MARY M'KINNON, lately residing on the South Bridge, accused of the crime of Murder ; by having, on the evening of the 8th day of February, assaulted and stabbed in the breast or side, with a table knife, William Howat, then clerk with Thomas Johnstone, writer in Edinburgh, of which wound he languished in the Infirmary until the 20th day of the same month, when he died. the pannel pleaded Not Guilty. No objection to the relevancy of The indictment having been made, a Jury were impanneled, when written defences were given in on the part of the prisoner....pleading Not Guilty. That she kept a licensed tavern on the South Bridge. That she had left her house on the 8th February, on a visit to her neighbour; during her absenee a riot took place. That the deceased, along with,others, in a state of intoxication, came into her house, broke the furniture, violently assaulted the females who lived in her house, she herself being absent; and when she returned, was herself knocked down ; and if the deceased sustained any injury at her hand, she did not know of it. George Tait, Esq. Sheriff-substitute, proved the declarations emitted by the pannel, as also the declaration of William Howat, taken in the Infirmary on the 10th of February, in a low state, but perfectly recollected. The prisoner at the Lar being shown to the deceased, was identified by him as the person referred to in his de- claration, which evidence was corroborated by the Procurator Fiscal. Henry Ker, land-survey or, was then examined, who described the whole circumstances of the case at great length, and was fol- lowed by several other witnesses, when the pannels declarations were read, in which she denied all concern in the murder of Howat, and throwing the whole blame of it on his own party. After the examination of four or fille witnesses in exculpation, the Solicitor- General addressed the Jury for the Crown, and was replied to by Mr Jeffrey for the pannel, when the Lord Justice Clerk charged the Jury, in a luminous and comprehensive speech. The Jury were enclosed about three qurters of an hour. The Jury, by their Chancellor, Robert Cockburn, Esq. returned a verdict, finding by a plurality of voices, the said Mary M'Kinnon gnilty of the crime of Murder. The Chancellor then stated, that he had been requested, by a majority of the Jury, to tender a re- commendation of mercy for the prisoner. The Lord Justice Clerk then stated, that the verdict of the plu- rality of the Jury was in unison with the opinion of the Court. He discharged them from their long and arduous duty, but stated, that he could not discover any grounds in the circumstances of the case, for a recommendation to mercy?which recommendation would, however, be transmitted to the proper quarter. Lord Pitmilly stated tbat the duty incumbent on the Court was clearly pointed out?the last punishment of the law had been allot- ed for the crime of Murder?and it is now the duty of the Court. to pronoune that sentence upon the unhappy woman at the bar. He agreed with the Lord Justice Clerk, in stating that he could not discover any circumstances which could warrant a recommendation to mercy. The Lord Justice Clerk, in a most feeling and heartrending man- ner, implored the prisoner to prepare for death and eternity. She was then ordered be executed at Edinburgh, on Wednesday the 16th April, between ihe hours of 8 and 10, and her body to be given to the Professor of Anatomy for dissection. The pannel behaved throughout the trial with great propriety. She seemed very confident of she result being favourable, but to- wards the end of the examination of the witnesses, her spirits seemed to flag, and she became extremely agitated, She varied colour while the Lord Justice Clerk was summing up the evidence. During the absence of the Jury, the conflict in the mind of the un- happy sufferer was very evident; and, on their return, while the verdict was recording, she fainted, and continued in that state for a few minutes, on recovering, she exclaimed, " O, Lord, have mercy on me." The unfortunate woman had to be assisted to sit upright while their Lordships were delivering their opinions. Edinburgh:- Printed for James. M'Lean-price One penny.
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Date of publication:
1823 shelfmark: Ry.III.a.2(34)
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