Broadside concerning the proceedings of the Circuit Court of Justiciary, Glasgow

Transcription

A particular account of the proceedings of the Circuit Court of
Justiciary which was opened at Glasgow on Tuesday the 9th day
of April 1793, with the sentence of the criminals then tried.

On Tuesday the 9th day of April 1793, the
Circuit Court of Justiciary was opened at
Glasgow by the Honourable The Lords Swinton
and Dunsinan, and after prayer suitable to the
occasion, by the Revd. Mr Balfour, one of the
Ministers of this city, the Sheriffs of Lanark,
Dumbarton and Renfrew shires were called upon
and appeared; after which, there was called to
the bar, Robert Mitchel, weaver and changes
keeper at Strathbungo, accused of the murder
of James Park bleacher at Pollockshaws, and be-
ing three times called by the Macer of Court at
the door of the Courthouse, and failing to ap-
pear, was outlawed and fugitated for non-apear-
ance, and his goods to brought in to his Maje-
sty's use.

Next was brought to the bar, Hannah Main,
residenter in Calton of Glasgow, accused of the
murder of her own child, when she petitioned
for banishment, which on account of some alle-
viating circumstances, the Advocate depute con-
sented to, the Court delayed pronouncing sen-
tence till Thursday nine o'clock.

Thereafter was brought to the bar, Agnes
M'Allum, alias White, from Paisley, accused
of the murder of her own bastard child, about
five or fix months of age, by pouring into the
mouth of the child vitrol or some acid liquor
mixed with milk, by which the child died in a
short time afterwards. Mr. Cranston, Advocate
for the pannel, stated some objections to the libel
as laid, They were answered by the Advocate
depute for the Crown, when their Lordships re-
pelled the objections and found the libel relevent
to infer the pains of law. The Court then pro-
ceeded to the examination of witnesses, some of
which being born in the highlands, could not
speak Englith, an interpreter who understood the
Galic language was sworn in, who explained the
evidence to the satisfaction of the Court. After
which tke Advocate for the pannel sumed up the
evidence on her part, as did the Advocate depute
on the part ot the Crown. Lord Swinton charged
the Jury and ordered them to inclose and return
their verdict to-morrow at nine o'clock, to which
time-the Court adjourned.

Wednesday the Court met according to ap-
pointment, when the Jury returned their verdict
all in one voice, Finding the libel proven against
Agnes M'Allum alias White, on which she was
ramitted back to prison till Thursday nine o'clock.

Afterwards Ann or Agnes Watt, daughter
of John Watt, residenter in Dundee, accused of
child-murder was called, but failing to appear,
she was outlawed.

Thereafter was brought to the bar, James
M'Kinzie carter in Glasgow, accused of having
robbed three persons on their way to Blantyre
cotton miln and knocking them to the ground
and afterwards taking from   them several half
crowns and shillings, two pieces of ben-leather
and a duffle-cloak, and again maltreating them
in a cruel manner, and being habit and repute a
common thies and robber. The libel being read to
him he pled not guilty, when their Lordships found
the libel relevent to inser the pain; if law, &c.
And after several witnesses were examined on the
part of the Crown and on the part of the pannel.

The Advocate depute summed up the evidence on
the part of the Crown, as did Mr Greensheels
for the pannel, when Lord Dunsinan gave a
charge to the Jury, and ordered them to inclose
and return their verdict against nine o'clock to-
morrow morning, and in the mean time he was
ordered back to prison. After which, his bro-
ther, John M'Kenzie, travelling chapman, late-
ly residing in Rutherglen was brought to the bar,
and he having been last Circuit Court here accus-
ed of stealing a horse and killing him and after-
wards selling his skin; and having been then
indicted to stand trial was outlawed for not com-
pearing at that time, and this day presented a
petition craving that the warrant of fugitation
might be recalled, which was departed from,
upon which an indictment was exhibited against
him, accusing him of having in the month of
January last robbed John M'Kendrick, near the
cotton miln of Blantyer, of a silver watch and
one shilling and sixpence of silver, and knocking
him down to the ground with a large stick or
bludgeon, and when in that Situation, riffling
his pockets for money, when he only found
threepence, which he also carried off, and the
libel having been read to him, he pled guilty,
and subscribed his acknowledgement of the crime,
immediately after which the libel was found re-
levant in respect of his acknowledgement to infer
the pains of law, bw restricted to an arbitrary
punishment, and he remitted to the knowledge
of an assizer after which the Jury were ordered
to inclose and return their verdict to-morrow
morning by nine o'clock, and the court adjourn-
ed to that time.

Thursday April 11th the court met according
to appointment, when   James   M'Kenzie   was
brought to the bar, when he received sentence,
which was, To be carried back to prison until the
22d day of May next, and on that day, betwixt
the hours of two and four o'clock afternoon to
be carried to the usual place of execution and
hung by the neck until he be dead.    On which
he fell down on his knees and cried to the Judges
to spare his Iife, and fainted away,   so that a
party was obliged to carry him out of the court-
house.    Next, his brother John was brought to
the bar, when the Jury returned their verdict, all
in one voice, finding the libel proven, on which
he was sentenced to be banished beyond seas for
all the days of his natural life, and his service ad-
judged   for seven   years,   with   certification,   if
ever he was found in Great Britain after his be-
ing transported, he should suffer death without
the benefit of clergy.    Next was brought to the
bar, Agnes M'Allum alias White, when she re-
ceived sentence, which was To be carried back
to prison, and to be fed on bread and water only
until the 22d day of May next, and on that day
at the usual place and accustomed time, to be
hung by the neck until she be dead.    On receiv-
ing of which sentence she fainted and was led out
of the court-house.    Next   was brought to the
bar, Hannah Main, who received sentence of
banishment in terms of her own petition.

Their Lordships gave the pannels suitable ex-
hortations, but their fainting on the occasion
prevented them from proceeding.

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