Transcription
A particular account of the proceedings of the Circuit-Court of Justiciary, which was opened at Glasgow on Wednesday the 11th of April, with the sentence of the different criminals. On Wednesday the 11th of April 1798, the Circuit-Court of Justiciary was opened at Glasgow, by the Right Honourable the Lord Justice Clerk and Lord Craig, the Court being constitute in the usual manner. Isabella Perston, a weaver's daughter in the pa- rish of Cambuslang, was put to the bar, accused of the murder of her own bastard child ; the In- dictment being read, she pleaded not guilty, at the same time a petition was presented to the Court, craving banishment; after advising the same, and some favourable circumstances, the Advocate-depute consented, when the Court passed sentence, banishing her furth of Scotland for life, after the l0th day of May next, with certification, if she returned, she was to be trans- mitted from County to County, till brought to Glasgow, and there publicly whipped through the streets on the next Wednesday after, and again to banish herself: and this so often as she returned. William Gordon, spirit-dealer, indicted for theft and shop-breaking, was then called upon; but he falling to appear, sentence of outlawry was pronounced against him. John M'Millan, confectioner and spirit-dealer, was afterwards put to the bar, accused of the murder of Alexander Moodie, gardener, in Glas- gow, about six years and a half ago, when he made his escape, but being lately taken up at London, he was transmitted to Glasgow to stand his trial, the Indictment being read, he pleaded not guilty, the Court then asked him, if he had any counsel to conduct his trial, he answered he had none, the Court then appointed Mr. Millar, Professor of Law, in the University of Glasgow, as his Advocate, when they proceeded to the examination of witnesses. The first witness being sworn, and purged of malice and partial connsel, was asked if he knew the prisoner: he made answer, He did ; and be- ing interrogate what he knew about the murder of Alexander Moodie ? he said he was called in- to the house of M'Millan to see if an account or receipt was right, when he found Mr. Moodie sitting on one side of the table, and M'Millan on the other, and being shown the paper, he said he thought it was very right: on which Alexan- der Moodie wanted payment, but M'Millan made some objections: on which Moodie said he would call him before a Magistrate to-morrow, on which M'Millian fell into a great passion, and rose and went towards a press when M'Millan's wife exclaimed, John, what are you about? on which the witness left the house in a fright, along with another man then in the house: that they re- turned in less than an hour, when they found several people in the house, and Alexander Moodie lying in his blood and dead, but M'Mil- lan had absconded. The next witness called, agreed with the for- mer, and that he had left the house and returned with the preceding witness: there were several other witnesses called particularly to indentify the person of M'Millan.--The Doctor who inspected the body of Moodie said, the wound was between eight and nine inches deep through part of the heart and lungs. The proof being closed, the Advocate-depute for the Crown, summed up the evidence to the Jury in a pathetic and masterly manner; he ob- ferved, that though this murder had been com- mitted at no less time than six years and a half ago, and the murderer residing 400 miles dis- taoce, yet Providence had brought him to be tried, and suffer where he had committed the murder.--Mr. Millar then addressed the Jury for the pannel. Lord Justice Clerk then charged the Jury, in which he pointed out the clearness of the evi- dence; and observed, that though none of the witnesses had sworn positively to seeing the mur- der committed, yet the circumstances were so clear, that they were equal to positive evidence; he also made some excellent observations, of the Almighty so over-ruling circumstances that mur- derers seldom escaped ; and though a long time had intervened since this murder was commit- ted, yet he is brought to fulfill that saying, " Whosoever sheddeth man's blood, by man shall his blood be shed," The Jury were ordered to inclose and return their verdict to-morrow at ten o'clock : to which time the Court adjourn- ed ; they rose about five o'clock. On Thursday the Court met according to adjournment, when John M'Millan was put to the bar, and the Jury having given in their ver- dict, and being read by the Clerk of Court, which was being unanimous in finding the pan- nel Guilty ; but delayed passing sentence till Fri- day eleven o'clock. David Wilson, weaver, in Paisley, was then brought to the bar, and the Indictment being read, accusing him of being guilty of a great num- ber of articles, of taking out webs to work from a number of Manufacturers both in Paisley and Glasgow, under a number of different names, and embazzelling the same, or applying them to his own use; also of several acts of theft in steal- ing yarn, &c. to all which he pleaded Guilty, and having signed his acknowledgement, the Court restricted the libel, and the Jury was then inclos- ed, and ordered to return their verdict as soon as they could, who returned their verdict in half an hour, by finding him guilty by his judicial confession. The Court delayed pro- nouncing sentence till to-morrow eleven o'clock. Before the Court adjourned, Lord Craig ad- dressed the audience, exhorting them to be sub- missive to the laws of their country ;- and re- presented in the strongest light, the many acts of cruelty, oppression, and disorder, the French na- tion had been guilty of, and hoped they would be united in resisting an inveterate and impla- cable foe, &c. Friday the Court met at eleven o'clock, according to appointment, when John M'Millan was again brought to the bar to receive sentence: which was that he be carried back to prison, and fed on bread and water only, until the 16th day of May next, and between the hours of two and four that day to be taken to the common place of execution, and hung by the neck till he be dead, his body afterwards to be given to the Professor of Anatomy for dissection,--David Wilson was then brought to the bar, and received sentence, which was to remain in the tolbooth of Glasgow two months from this date; and the next Wednesday to stand on the Pillory, from twelve to one, at the Cross of Glasgow, and afterwards to be detained other two months in prison, and then set at liberty.
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