A List of Publications on the Subject of or having Reference to the Trial of Deacon Brodie.

1. An " Account of the Trial " of " William Brodie, and George Smith, " Before the High Court of Justiciary " on Wednesday, the 27th, and Thursday " The 28th days of August, 1788; " For Breaking Into, and Robbing, " The " General Excise Office of Scotland, " On the 5th Day of March last. " Illustrated with Notes and Anecdotes. " To which is added, " An Appendix, " Containing Several Curious Papers Relative " To the Trial. " By A Juryman. " “Read this and tremble! ye who ’scape the laws.” Pope. " Edinburgh: " Printed for William Creech. M,DCC,LXXXVIII.

Quarto, pp. xii. + 125.

This, the first separate report of the trial, by William Creech, was published on 5th September, 1788, “handsomely printed in quarto, price 3s., stitched,” and contained three appendices. It was originally issued without the portrait of Deacon Brodie, but on 15th September was advertised for sale as “embellished with a full length portrait of Mr. Brodie by Kay, and reckoned a very striking likeness. Price, 3s. 6d., or without the engraving, 3s. N.B.—The former purchasers of the above account of this singular trial will be accommodated with the print at 6d. each on sending their copies to Mr. Creech’s shop. A few copies of the print may be had separate from the trial at 1s. each.”

The advertisement adds—“A most shameful and mean piracy of the above account of the trial has appeared. This may, no doubt, in some degree be reckoned a compliment, as it is but fair to infer that when people are to pillage they naturally wish to take what they think most valuable; but such a breach of good manners and such a barefaced invasion of the right of another ought to be exposed. Application has this day been made to the Lord Ordinary to interdict the sale of this pirated edition.” This intimation has reference to the reports of the trial respectively published by Stewart and Robertson, as aftermentioned.

2. The " Trial " of " William Brodie " Wright and Cabinet Maker in Edinburgh, " and of " George Smith Grocer there, " Before the High Court of Justiciary, " Held at Edinburgh on Wednesday the 27th, " and Thursday the 28th August 1788; " For breaking into the General Excise-office at Edin-" burgh on the 5th of March last. " Containing " The Evidence at Large for and against the Prisoners; " Accurate Statements of the Pleadings of the Counsel; " And the Opinions of the Judges on many " important Points of Law: " With the Whole Proceedings. " By Æneas Morrison, Writer in Edinburgh; " And Agent appointed by the Court to conduct the " Defence of George Smith. " Edinburgh: " Printed for Charles Elliot, Parliament Square; " and Sold by C. Elliot and T. Kay, No. 332 Strand, " London; and all Booksellers in Town and Country. " M,DCC,LXXXVIII.

Octavo, pp. viii. + 279.

Morrison’s report of the trial, which is much the most accurate and complete, was published on 6th September, 1788. The editor writes in his preface, “It was thought better to state the proceedings by way of dialogue, in the same manner as all the English trials are published, than in the form of narrative—the usual manner or collecting both the depositions of witnesses and the pleadings of counsel in Scotland.” This was an innovation which rendered the report more interesting and valuable than its competitors. An account of the trial by Charles Elliot, the publisher, had been announced, but it was arranged that Morrison should prepare it, Elliot furnishing him with his MS. and publishing the book.

It is interesting to know from a contemporary account that Deacon Brodie, while in prison after his sentence, “has read all the publications respecting his trial, and has given it as his opinion that Mr. Elliot’s account was the best.”

The advertisement states—“There will be published on Monday an appendix to this trial, which will be given gratis. Those who have already got copies may send for the appendix.” With regard to this appendix, Morrison has a note that he had originally intended publishing certain interesting documents in his report, but had been informed by a friend of Brodie’s “that Mr. Creech had engaged upon his honour not to publish anything in his account of the trial, either in the form of anecdote or otherwise, that did not occur in the course of the trial itself.” Creech, however, published some additional matter, and Morrison considered “he was entitled to put the purchasers of his account on a footing with those who had purchased Mr. Creech’s.” The three appendices given in the first edition of Creech’s report were therefore issued by Morrison, as above mentioned.

3. Extract from the Accounts of the " Trial " of " William Brodie and George Smith, " Before the High Court of Justiciary, " on Wednesday, the 27th and Thursday the 28th Days of August, 1788, " For Breaking Into, and Robbing " The " Excise Office of Scotland, " On the 5th Day of March last. " Illustrated with Notes and Anecdotes. " Containing also, " Several Curious Papers " Relative to the Trial; " as also, several " Transactions of the Criminals. " “Read this and tremble! Ye who ’scape the laws.” Pope. " Edinburgh: " Printed by A. Robertson, Foot of the Horse Wynd. " M,DCC,LXXXVIII.

Octavo, pp. vi.+72.

The advertisement of this account of the trial, which was published on 15th September, 1788 states—“The whole will be neatly printed on a fine paper and new type in three numbers at 9d.; the second number will be published on Saturday, the 20th; and the third on Friday, the 25th curt. And an additional number, price 3d., containing several occurrences, &c., from the day of their sentence till the 2nd of October next. N.B.—Commissions duly answered, for ready money only.”

This was one of the pirated editions referred to by Creech, and is a literal reprint or his first edition of the trial.

The Edinburgh Evening Courant of Thursday, 18th September, 1788, gives the following account of the interdict whereby Creech endeavoured to stop the sale of this and Stewart’s edition.:—“This day a new case in literary property was tried before Lord Dreghorn. Mr. Creech applied for an interdict against two piracies of his account of Brodie and Smith’s trial. The interdict was granted, and parties were heard this day at eleven o’clock. Mr. Creech has sent up copies to Stationers’ Hall by the mail-coach, with orders to enter the book in Stationers’ Hall, according to the Act of Parliament 8th of Queen Anne; but the certificate of entry was not yet arrived. Lord Dreghorn declared both the copies complained on were gross piracies, but as the words of the Act of Parliament were express, he was sorry he could do nothing else than remove the interdict to the sale of the piratical copies until the certificate of entry was produced, and a new interdict might then be applied for, with action of damages. By this judgment it is necessary that the book be entered in Stationers’ Hall before publication.”

In advertising Part II. for sale the publisher made the following announcement:—“When Mr. Robertson published the first number of the above trial he copied it from Mr. Creech’s account of it, not knowing or suspecting it to be property; but being since convinced that it is so, he applied to Mr. Creech for liberty to go on with his future numbers, which he obligingly consented to, although possessed of the certificate of the entry in Stationers Hall. The public will be regularly served, as advertised, with their numbers.”

4. A Full Account of the Trial of William Brodie and George Smith, Before the High Court of Justiciary, on the 27th and 28th Days of August 1788, for Breaking into the Excise Office; With an Account of several other Depredations committed by them and their Associates. Edinburgh: J. Stewart, Lawnmarket, 1788. (Price, 1s. only.)

This was the other “piratical copy” of Creech’s first edition, which was published on 15th September, 1788. No copy of the book is contained either in the British Museum or any other public library, so far as has been ascertained, and the above particulars are taken from a contemporary advertisement.

The publisher announced on 18th September—“J. Stewart informs his friends and the public that the interdict applied for by Mr. Creech was this day removed by the Lord Ordinary, and the sale goes on as formerly.”

5. Anecdotes " and other " Curious Informations " concerning " William Brodie and George Smith; " also, of " James Falconer and Peter Bruce, " For Breaking into and Robbing the Dundee Banking " Company’s Office, in Dundee, " With other Occurrences, since they received their Sentence till their " Execution. " Edinburgh: " Printed by A. Robertson, Foot of the Horse Wynd. " MDCCLXXXVIII. " Where may be had, the Trial in three Numbers, price 9d. " Also, " a striking likeness of William Brodie, price 3d.

Octavo, pp. 16.

Published on 2nd October, 1788, the day after the execution. It consists of two of Creech’s appendices, together with some additional particulars concerning the prisoners not given by Creech.

6. An " Account of the Trial " of " William Brodie and George Smith, " Before the High Court of Justiciary, " On the 27th and 28th days of August, 1788; " For Breaking Into, and Robbing, " The General Excise Office of Scotland, on the 5th day of March last. " Illustrated with Notes and Anecdotes; " and the Portraits of Brodie and Smith. " To which is added, " An Appendix, " Containing several Curious Papers relative to the Trial; " and the Persons Tried. " By William Creech, " One of the Jury. " Read this, and tremble! ye who ’scape the laws. " Pope. " Second Edition. " Edinburgh: " Printed by and for the Author; " and sold in London by " T. Cadell in the Strand. " M,DCC,LXXXVIII.

Octavo, pp. xxii.+ 288.

This second edition of Creech’s report, revised and corrected, was published on 3rd October 1788. The paragraphs in Smith’s declarations, omitted in the former edition as having no immediate relation to the trial, were here given in full, and three further appendices were added to those contained in the first edition. The volume included the portrait of Deacon Brodie, already published, and an additional portrait, entitled “Smith at the Bar,” also by Kay. The publication of this edition was delayed some days in order to give an account of the behaviour of the criminals at their execution.

7. The " Edinburgh Magazine, " or " Literary Miscellany. " Volume VIII. " [Quotation.] " Edinburgh: " Printed for J. Sibbald:—And sold by J. Murray, " London. " 1788. 8vo.

Report of the Trial—Monthly Register for August,
pp. 114-120. Other references—pp. 101, 146-148.

8. The " Scots Magazine. " MDCCLXXXVIII. " Volume L. " [Quotation.] " Edinburgh: " Printed by Murray & Cochrane. 8vo.

Report of the Trial—August, pp. 365-372; September,
pp. 429-437. Other references—pp. 358-359, 514-516.

9. The " Gentleman’s Magazine: and " Historical Chronicle. " Volume LVIII. " For the Year MDCCLXXXVIII. " Part the Second. " [Quotation.] " By Sylvanus Urban, Gent. " London: " Printed by John Nichols, for David Henry, late of St. John’s " Gate; and sold by Eliz. Newbery, the corner of St. Paul’s " Church-yard, Ludgate-street. 1788. 8vo.

References—pp. 648, 829, 925.

10. The " Annual Register, " or a View of the " History, " Politics, " and Literature, " for the Year 1788. " [Device.] " London: " Printed for J. Dodsley, in Pall Mall. 1790. 8vo.

References—Vol. xxx., pp. 207, 214-215.

11. Traditions " of " Edinburgh. " By " Robert Chambers. " Vol. I. [II.] " Edinburgh: " Printed for W. & C. Tait, Princes Street. " MDCCCXXV. Post 8vo.

References—Vol. i., pp. 194-195.

12. The " Book of Scotland. " By " William Chambers. " [Quotation.] " Edinburgh: " Robert Buchanan, 26, George Street; " William Hunter, 23, Hanover Street; And " Longman, Rees, Orme, Brown, and Green, " London. " MDCCCXXX. 8vo.

References—pp. 327-328.

13. Minor Antiquities " of " Edinburgh. " By the Author of " “Traditions of Edinburgh,” &c. " Edinburgh: " William and Robert Chambers, " Waterloo Place. " MDCCCXXXIII. Post 8vo.

References—pp. 165-168.

14. Reminiscences " of " Glasgow " and the West of Scotland. " By " Peter Mackenzie. " Vol. I. [II., III.] " Glasgow: " John Tweed, 11 St. Enoch Square. " MDCCCLXVI. 8vo.

References—Vol. ii., pp. 60-113.

15. A Series " of " Original Portraits " and " Caricature Etchings " By the late " John Kay, " Miniature Painter, Edinburgh " with " Biographical Sketches and Illustrative Anecdotes " In two volumes " Vol. I. [II.] " [Device.] " Edinburgh: Adam and Charles Black " MDCCCLXXVII. " (All Rights Reserved.) 4to.

References—Vol. i., pp. 96, 119, 141, 256-265, 399;
vol. ii., pp. 8, 120-121, 286.

16. Edinburgh " Picturesque Notes " By " Robert Louis Stevenson " Author of “An Inland Voyage.” " With Etchings by A. Brunet-Debaines " From Drawings by S. Bough, R.S.A., and W. E. Lockhart, R.S.A. " And Vignettes by Hector Chalmers and R. Kent Thomas. " Seeley, Jackson, and Halliday, 54 Fleet Street, " London. MDCCCLXXIX. Folio.

References—pp. 14, 35.

17. Cassell’s " Old and New Edinburgh: " Its History, its People, and its Places. " By " James Grant, " author of “Memorials of the Castle of Edinburgh,” “British Battles on Land and Sea,” etc. " Illustrated by numerous Engravings. " Vol. I. [II., III.] " Cassell & Company, Limited: " London, Paris, and New York. " (All rights reserved.) N.D. [1884.] " 4to.

References—Vol. i., pp. 112-116, 217; vol. ii., 23;
vol. iii., 367.

18. Etchings " Illustrative of " Scottish Character " and Scenery " By the late " Walter Geikie, R.S.A. " Sir Thomas Dick Lauder’s Edition " with " Additional Plates and Letterpress " Edinburgh William Paterson " 1885 4to.

References—pp. 113-119.

19. Memorials of Edinburgh " In The Olden Time. " By " Sir Daniel Wilson, LL.D., F.R.S.E., " President of The University of Toronto," Author of “Prehistoric Annals of Scotland,” etc. " Second edition" [Device.] " Volume I. [II.] " Edinburgh and London: Adam & Charles Black, " 1891. " 4to.

References—Vol. i., p. 222; vol. ii., 23.

20. Deacon Brodie " or the Double Life " a Melodrama " In Five Acts and " Eight Tableaux. " By W. E. Henley " and R. L. Stevenson. " London: William Heinemann. " MDCCCXCVII.

Square 16mo, pp. viii.+182.

This play, of which Stevenson had prepared various drafts—the earliest in 1864—was first privately printed in 1880. A revised edition was printed “For Private Circulation Only” in 1888. The play was first published in “Three Plays by W. E. Henley and R. L. Stevenson,” 1892; afterwards in “Four Plays,” 1896, and separately, as above, in 1897, as volume i. of “The Plays of W. E. Henley and R. L. Stevenson.”

The play was first produced at Pullan’s Theatre of Varieties, Bradford, on 28th December, 1882. The subsequent occasions on which it was performed were as follows:—At Her Majesty’s Theatre, Aberdeen, in March, 1883; at the Prince’s Theatre, London, on 2nd July, 1884; at Montreal, on 26th September, 1887; followed by a series of representations at Quebec, Toronto, Boston Philadelphia and other cities; and at the Star Theatre, New York, on 1st December, 1887. The cast of the play as performed in London and at Montreal is given in “Three Plays,” 1892, and in subsequent editions.

21. Romantic " Edinburgh " By " John Geddie " London " Sands & Company " 12 Burleigh Street, Strand, W.C. " 1900. Crown 8vo.

References—pp. 22, 52, 69, 70, 106, 161.

22. Deacon Brodie " or " Behind The Mask " By Dick Donovan," Author of “A Detective’s Triumphs” [etc.] " [Device.] " London" Chatto & Windus " 1901 " (Rights of Translation reserved).

Crown octavo, pp. vi. + 258.

A novel founded upon the career of Deacon Brodie, and, so far as ascertained, his only appearance in fiction.

23. Edinburgh " and its Story " By " Oliphant Smeaton " [Device.] " Illustrated by " Herbert Railton " and J. Ayton " Symington " 1904 " London: J. M. Dent & Co. " New York: The Macmillan Co. 4to.

References—pp. 171, 224.

Reports of and comments upon the trial appeared in the three contemporary Edinburgh newspapers, viz., The Caledonian Mercury, The Edinburgh Advertiser, and The Edinburgh Evening Courant.