Transcription
An account of the Trial of Alexander Cain, alias O'Kane, before the High Court of Jus- ticiary, Edinburgh, for wounding severely on the bead, and other parts of the body, Archi bald Stewart, Cattle-dealer, while in Stirling, and robbing him of One Thousand and Ten Pounds ster.?who was found guilty, and sentenced to be hanged, at Stirling, on Friday the 21 st of February, 1812. ON Monday the 13th of January, 1812, came on, before the High Court of Justiciary, E- dinburgh, the trial of Alexander Cain, alias O'Kane, accused of having, on the evening of the 11th of October, {the day on which Anderson and Menzics were executed at Stirling, for robbery) with one or more persons, attacked, in the town of Stirling, Archibald Stewart, cattle-dealer in Dalspidle, who had just arrived from Falkirk Tryst, where he had received a sum of money; and of having struck and wounded him severely on the head and other parts of the body, to the effusion of his blood, and loss of his senses for the time, and of robbing him of one thousand and ten pounds sterling, chiefly in notes of the Falkirk Bank Company. The Jury being sworn in, the witnesses for the Crown were then examined. Sir.Thomas Kirkpatrick, Bart. Sheriff-Depute of the shire of Dumfries, swore, that the notes of the Falkirk Banking Company, exhibited, were taken from the person of the prisoner, in a small public- house in the town of Dumfries; some of them were concealed near the waistband of his breeches; and also, two twenty-pound notes,which he endeavour- ed to conceal in his hand, while they were search- ing him; and several others were found concealed in the chimney of the room where he was. Archibald Stewart, cattle-dealer, Dalspidle, not being able accurately to understand the English lan- guage, Mr. M'Intyre, a gentleman accidentally in Court, who understood Gaelic, being sworn, acted as interpreter:?Received L.9oo from Duncan Ca- meron, in October last, L.770 in Mrs. M 'Kenzie's tent, and L.7O in M'Nab's house in Larbert, all in Falkirk twenty-pound notes and five-pound notes; tied them up all together; he received, besides, two drafts from Duncan Cameron, for L.200 each, and a missive letter for another L.200; he left Larbert, and arrived in Stirling about Dusk, but could not say exactly about what hour; he put up at Henry Abercrombie's, St. Mary's Wynd; dined there, and afterwards went out by himself to see his horse sort- ed; his money was in his waistcoat inside pocket, and the drafts, &c. wrapped up in leather in his coat pocket. Some other cattle-dealers were also at Abercrombie's, and they having gone to the bank to transact some business, after he had looked at his horse he went to see and meet them; but not having met them, he went into a house and had a dram; a woman was in company; she merely tasted with him, they had no conversation. On his return, while at an entry at the end of Abercrombie's house, saw two or three men coming towards him; re- ceived a severe blow on the crown of the head, which stunned him; recollects the men taking the money from him; one had his hand on his mouth, another a hand on his neck, while the third said "lay to him;" he thought he felt the man's hand tremble while taking the money; does not recollect the appearance of the men, it being dark, and he stupisied by the blows, but thinks one of them was a tall man. It was a considerable time before he could find Abercrombie's honse; he went in, much cut and bruised; got a Surgeon, and was consined some days. Same night his leather parcel, con- taining the drafts, was found by the Crieff post-boy, and the following day he received it from Mr. Aber- crombie; had been tasting during the day, but was not intoxicated; it was the day two men were ex- ecuted for theft at Stirling. Some witnesses proved Stewart's getting, at the Falkirk Market, on the 11th, the notes which were afterwards found in the prisoner's posession. Several witnesses were examined, who proved that they saw the prisoner lurking about Stirling the day the robbery was committed-that they saw 201. notes in his custody, and endeavoured to have him seized, when he made his escape, and took the road towards Dumfries. Daniel Freer, cowfeeder at Lochrin, deponed, that he met the prisoner on a Sunday in Oct. as he was going to church in the afternoon, who asked the way to Dumfries; said he would point it out if he would come with him, as he was going to the church; prisoner told him he had been in bad com- pany, and had slept with a girl the night before, who had robbed him of 449 guineas,, observing, " You will perhaps think that a great sum for a man like me to have, but I have a great deal more;" and on this pulled out a large bundle of notes from his breeches, and counted 700l. of large notes of the Falkirk Bank. Witness, not liking his company, after drinking share of a gill, left him. Samuel Gibson, serjeant of the police guard, Dumfries. He apprehended the prisoner. Prison- er said, if he would call on him next day he wished to see him by himself; he did so, when the prisoner said he wished he had given him 100 guineas the day he took him to have let him make his escape; that if there was no other person with him, he was cer- tain, from his kindness to him, he would. Witness replied, he might or he might not in that case, but that now it was impossible, as there was another man behind him. Prisoner said?" I think I could trust you with a secret; if you would keep it, it would make you up for life, and save me." Asked witness if he would swear on a book, as was the manner in his country; witness went out and told this conversation to the jailer, who advised him to do nothing against his conscience; on which he re- turned and told the prisoner that it was not the cus- tom to give books to two together in jail, but only to allow one to a prisoner alone, to amuse himself. He said, it was no matter, if witness would hold , up-his hand and swear, he might have L.400, all in L.5O notes, in half an hour; that there was no danger, as he might keep the money till the noise was over, and then pass the notes one by one.-- Asked him, if it was part of the money robbed from the man at Stirling; on which he put his hand on witness's breast, and. said, " Don't?don't ask that question; you shall have an equal share, which will come at L.140" Witness answered?he would try to convey the money to him, But would take no share. He immediately went to Provest Staig, and informed him of what had passed. Sir T. Kirk- patrick was in consequence sent for, and the prison- er's room fearched, when a parcel, containing a- bout L.340 in Falkirk L.5 bank notes, was found concealed in the chimney. Saw the prisoner search- ed, when the pocket-book and L.20 Falkirk bank- notes were taken from him. The evidence being finished, the sury were inclosed about half pasT eleven night,and next day returned their verdict,all in one voice finding the prisoner Guilty. After a suitable admonition from the Lord Justice Clerk, he was sentenced to be hanged at Stirling, os Friday the 21st Feb, next. [T, Duncan, Printer.
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1812 shelfmark: 6.314(26)
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