Broadside entitled 'Trial and Sentence'

Transcription

TRIAL

AND SENTENCE.

Full, True, and particular Account of the Trial and Sen-
tence of WILLIAM HARDIE, Gamekeeper, before
the High Court of Justiciary on Monday, for Shooting at
William Boyles, or Bailes, with intent to Murder ; also a
correct account of the Trial of that notorious Edinburgh
Thief, ROBERT HORN, and JAMES M'LAREN,
for daring Housebreaking and Theft.

William Hardie, gamekeeper to William Johnston of La-
thrisk, was charged with wilfully, maliciously, and unlaw-
fully discharging a loaded gun at John Boyles or Bailes, which
took effect on his arm and elbow, with intent to Murder.
The prisoner pleaded not guilty, it appeared from the evi-
dence of Boyles or Bailes that he and his wife had gone in
November last to Bavelaw for the purpose of cutting heather
to make brooms, and that they took shelter during the night
in a ruinous house at Redford ; that his wife went off in the
morning to sell some wares, the pony remaining with the hus-
band. [   ] o'clock in the afternoon two men came,
one of whom asked witness what he was doing there? Wit-
ness replied that he was gathering a few bones. Prisoner in-
sisted on his going away; he used no force, but said he would
bring a gun and shoot both him and his beast. Hardie and
the person with him then went away, and returned soon af-
ter witness's wife rejoined him. Witness went to the door
of the house on hearing footsteps, and found the two men,
each armed with a gun. which they levelled at him. Hardie
said if witness did not go away he would shoot him dirnctly.
Witness then went back to the house and brought a bit of
rotten fir stick, but without intention, he said, to strike with
it. When he came out one of them spoke, and Hardie level-
led his piece, fired it at witness, and shot him below the elbow.
Witness ran after the men, and took off the sleeve of his coat
to shew prisoner what he had done, but he would not stop.
Came to town on the Monday to Mr Black, the police sur-
geon, and shewed him his arm, which was then much swol-
len. The witness' wife got chick-weed, boiled it, and ap-
plied it as a poultice to the arm to lay the swelling. A
number of other witnesses being examined, the charge was,
after a trial which lasted seven hours. clearly proven against
Hardie; but owing to his former good character the Lord
Advocate restricted the libel, and he was sentenced to four
months imprisonment.

Robert Horn, and James M'Laren, Were then put to the
bar on a charge of theft by means of housebreaking, (aggra-
vated as to Horn by his being habit and repute a thief,) hav-
ing on the night of the 6th or moring of the 7th October,
feloniously entered the house of John Carruthers, grain-
dealer, Gasstown, parish of Dumfries, and carried off an
orange coloured linen bag, fourteen pounds or thereby in
silver; a white cotton bag, twenty-six gold sovereigns: a
ready reckoner, fourteen bank notes, partly for one pound,
and partly for one guinea each; a deposit receipt of the
British Linen Company for L.20; a bill for L.45, &c.

Horn pleaded not guilty ; N'Laren guilty.

The charge was completely proved against the prisoners
Some individuals from whom the prisoner Horn, had pur-
chased various articles, were called, among whom were,

Jacob Ashenheim. jeweller, (being a Jew, was sworn with
his hat on, a staff in one hand, and the other on the Old
Testament,) said he knew Horn, and sold him a silver watch
on the evening of Thursday the 9th October. The price
was L.2, 13s---Identified the watch.

Davidson Nicoll had known Horn for seven years,for the
last five he had borne the character of a daring desperate,
and determined thief.

The jury found the pannels guilty. Horn was sentenced
to 14, and M'Laren to seven year' transportation.

John Campb.ll Printer, Edinburgh.

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