The trial of William Brodie and George Smith being at present in the press for publication, Mess. Bruces furnished the publishers with the following facts, in order that they might publish the same along with the trial. These gentlemen, however, having declined to do so, as not being any part of the trial, Mess. Bruces now take this opportunity of laying before the Public the whole facts that have come out relative to the breaking of their shop; which, they have too much reason to believe, was meant to be concealed altogether. But, in justice to themselves, they wish to lay the whole candidly before the Public; and shall only add further that there is not one word in the following narrative but what is consistent with truth.

In the course of the precognitions taken by the Sheriff respecting the crimes committed by Brodie, Smith, Brown, and Ainslie, Mess. John and Andrew Bruce, Merchants in Edinburgh, applied to the Procurator Fiscal to know if any facts had come out respecting the breaking of their shop at the head of Bridge Street; and always received for answer, that whenever any thing occurred about breaking their shop, they would be informed of it. The Procurator Fiscal, however, never gave the Mess. Bruces any information on that head, although the very warrant on which Smith and Ainslie were incarcerated in March last, bore that it was on suspicion of breaking their shop.

When Smith and Brodie received their Indictment on the 19th of July last, it then appeared that no crime was specified in the Indictment but the breaking into the Excise Office. Mess. Bruces then applied to the Procurator Fiscal to know if any thing had come out, or was taken down in the precognition respecting the breaking of their shop; when he told them that nothing had been taken down thereanent; though Mess. Bruces were informed by Smith that he had, when examined before the Sheriff, declared every fact concerning it.

Mess. Bruces were at a loss to account for this extraordinary neglect of not taking down into the precognition all the facts that Smith had declared relative to their shop. They were in justice entitled to this, so as at least to have been satisfied in knowing who had done them the injury; and it might have led to a complete proof of the fact, so as to entitle them to restitution of the value stolen from them from the funds of those who had been guilty of the crime. They signified to the Procurator Fiscal that they wished still to have an examination of all concerned. But this he declined, by saying it was impossible to do it now—that they were indicted.

Mess. Bruce therefore drew up a memorial, and laid it before his Majesty’s Advocate, in order to get, if possible, an examination respecting the breaking of their shop; when his Lordship was pleased to signify that it could still be done, and desired an application might be made to the Sheriff for that purpose; which was done accordingly by a Petition of the following tenor:—

Unto the Right Honourable the Sheriff-Depute of the County of Edinburgh, or his Substitute,

The Petition of John and Andrew Bruce, Merchants in
Edinburgh.

Humbly Sheweth,

That on the night betwixt the 24th and 25th days of December 1786, the petitioners shop, at the head of Bridge Street, was broke into, and several gold watches, seals, rings, and other articles, were carried off, to the value of about £350 Sterling. The petitioners applied to the Procurator Fiscal upon this occasion, who assured them that every step should be taken to endeavour to find out the persons who had robbed them of their property.

No intelligence, however, could be got respecting this business till the beginning of March last, when Brown gave information of him and his associates, Smith, Ainslie, and Brodie, being the persons who had committed so many offences of that kind; and, accordingly, the Procurator-Fiscal presented a petition to your Lordship, stating the fact of the petitioners’ shop being broke, and referring to a list of articles stolen therefrom; and that there was reason to believe that Smith and Ainslie were the persons guilty of that crime, upon which they were apprehended, and incarcerated in the Tolbooth of Edinburgh, where they have remained ever since; and Smith and Brodie are now indicted to be tried for certain crimes, other than that of breaking the petitioners’ shop.

When the petitioners learned that no notice of their shop was taken in the indictment, they applied to the Procurator-Fiscal to know what facts had come out in the precognition regarding the breaking of their shop, when he informed them that not a word respecting their shop had been taken down in the precognition, though he admitted, when Smith was examined before your Lordship, he had acknowledged the fact that he was the person who had broke the petitioners’ shop, with the knowledge, and by the advice of Brodie: That Brodie had actually got part of the articles stolen therefrom, particularly some gold seals, and a gold watch-key, and some rings.

In these circumstances the petitioners were at a loss to know how to conduct themselves, in order still to get an examination of Smith, Brodie, and their associates, as there might be some difficulty in the matter, now that Smith and Brodie were indicted. However, as they are indicted for other crimes, the petitioners took the liberty of stating the matter in a memorial to His Majesty’s advocate who is of opinion that Smith, Brodie, and all others concerned, or suspected, might still be examined with regard to the breaking into the petitioners’ shop; and desired that the present application might be made to your Lordship for that purpose.

The petitioners are informed that Smith, though indicted, is still willing to declare every fact and circumstance respecting this matter. They are also informed that Brodie’s watch, with some seals, are in the hands of Sir Sampson Wright, at London, and to be transmitted here. They, therefore, humbly trust that proper orders will be given to preserve these articles entire; and that inspection of them will be given to the petitioners, that it may be known whether they are any of the articles stolen from their shop.

According to Justice, &c.
John and Andrew Bruce.

July 25th 1788.

The desire of the petition was granted by the Sheriff on the 26th of July; and, on the 28th of that month, the Sheriff-substitute, with the Procurator Fiscal, and Mr. Bruce, went to the prison to Smith; and the Sheriff-substitute informed him he was to come to take down his declaration respecting Mess. Bruce’s shop-breaking, but not with regard to anything contained in his Indictment; and therefore hoped he would tell the truth. To which Smith answered, he had no objection to tell the whole truth; he thought it a piece of justice to do so; That he had formerly declared all he knew concerning that matter before the Sheriff, but he believed it was not taken down.

Smith was then examined, who declared, in substance, as follows:—

That, in the month of November, 1786, the declarant and Brodie had laid a plan to break into a hardware shop on Bridge Street, belonging to Davidson M‘Kain: That they accordingly went there one night with a parcel of false keys and a small crow iron, and opened the door by unlocking the padlock and lock thereof with the false keys; after which they went and hid the false keys and crow iron, in case any of these articles should be found upon them, and then returned to the shop: That Smith was to go into the shop, and Brodie to watch at the outside of the door: That the declarant carried with him a dark lanthorn, which he lighted: That their intention was only to look at the goods, but not to carry them off that night: That the declarant remained in the shop for about half an hour; and, after being some time there Brodie called out “What made him stay so long—was he taking an inventory of the shop?”

That the declarant only brought away with him that night seventeen steel watch-chains, and a small red pocket-book. The steel chains the declarant afterwards sold along with some other goods of his own to an auctioneer, and the pocket-book he afterwards made a present of to Michael Henderson, Stabler in Grassmarket, his daughter.

That the declarant and Brodie afterwards, in about a fortnight, went back to rob M‘Kain’s shop completely, and opened the door as formerly, when Smith went in, and left Brodie to watch without; but he was not a few minutes in the shop, when he heard a person in the room immediately below rise out of his bed, and come towards the door; on which the declarant pulled up the shop-door, and ran straight into the street, without carrying any thing with him.

That he found Brodie had fled; and the declarant, on going up to the main street, found Brodie standing at the head of the entry into the Old Green Market: That, a little after this, the declarant and Brodie walked arm-in-arm down Bridge Street, in order to see what they could observe about the shop; and, in passing down the street, they saw a man looking out at the door immediately under M‘Kain’s shop, and a guard soldier standing opposite, at the head of the stair which goes down to the Flesh Market; so that the declarant and Brodie passed on along the Bridge, and afterwards went to their several homes, as nothing could be done further that night.

That Brodie told the declarant that the shop at the head of Bridge Street, belonging to Mess. Bruces, would be a very proper shop for breaking into as it contained valuable goods, and he knew the lock would be easily opened, as it was a plain lock, his men having lately altered that shop-door at the lowering of the streets: That the plan of breaking into this shop was accordingly concerted betwixt them, and they agreed to meet on the evening of the 24th of December 1786, being a Saturday, at the house of James Clark, Vintner in the head of the Flesh Market Close, where they generally met with other company to gamble: That, having met there, they played at the game of hazard, till the declarant lost all his money; but at this time Brodie was in luck, and gaining money: That the declarant often asked Brodie to go with him on their own business; but Brodie, as he was gaining money, declined going, and desired the declarant to stay a little, and he would go with him.

The declarant, however, turned impatient, as it was near four in the morning, and the time for doing their business was going; he therefore left the room, and went by himself to Mess. Bruces shop, when he opened the door with false keys, and, after getting in, lighted a dark lanthorn, and took out of the show-boxes or glasses on the counter, and from the inside of the windows, ten watches, five of them gold, three silver, and two metal, with the whole rings, lockets, and other jewellery and gold trinkets in the show-boxes, all of which he put into two old black stockings, and carried them to the stable of Michael Henderson, in the Grass-Market, where he hid them under some rubbish below the manger, and afterwards went home to his own room in the Grass-Market.

That he staid there till near eight in the morning, and then went up to Mr Brodie’s house, when the maid told him that Mr Brodie was in bed; and the declarant then left his name, and said he wanted to see him, and thereafter returned home to his own room: That, after staying there some time, Mr Brodie came and called for him, when the declarant told him what he had done, and desired Mr Brodie to stay there till he would go for the goods: That the declarant accordingly went to the stable, and brought the two black stockings, containing the goods, and poured them out upon a bed in a closet off his room, and then said to Mr Brodie, “You see what luck I have been in; you might have been there; but as you did not go, you cannot expect a full share; but there are the goods, pick out what you choose for yourself”; upon which Brodie took a gold seal, a gold watch-key set with garnet stones, and two gold rings: That the declarant and Brodie went twice over the goods, in order to ascertain their value; and the declarant, who was himself skilled in articles in that line, was of opinion they would have cost Mess. Bruces about £350 Sterling.

That, after this, the goods were again put into the black stockings, and carried back to Michael Henderson’s stable: And, in the course of that day, being Sunday, the declarant and Brodie frequently passed Mess. Bruces shop-door, to see in what situation the door stood, and to learn if the robbery had been discovered; and nothing appearing, the declarant proposed to Brodie to go back that night, in order to sweep the shop clean; but Brodie objected to this, saying that a discovery might have been made, and a watch set to entrap them; on which account they desisted from the attempt.

That, after this, Brodie and the declarant had several meetings, consulting about the safest way to dispose of the goods: and, upon the Tuesday evening, it was concerted between them, that the declarant should go off next day for England with the goods; and at that time Brodie gave the declarant five guineas and a half to carry his expenses on the road; and, to evade suspicion, the declarant set out early next morning, and travelled on foot as far as Dunbar, where he took the mail-coach, and went to Chesterfield in England, and there sold the whole goods taken out of Mess. Bruces shop, except what Mr Brodie got, for £105 Sterling, to John Tasker alias Murray, who, he knew, had been banished from Scotland: That the declarant sent a twenty-pound note of this money in a letter to Mr Brodie, informing him of the sale, and desiring him to pay himself what the declarant had borrowed, and supply his wife with money till the declarant’s return.

That the declarant staid for some weeks in England, during which time he had several letters from Brodie; and, on his return, gave to Brodie three ten-pound notes more of the money to keep for him, and to prevent suspicion by the declarant’s having so much money about him, which money Brodie gave him as he wanted it, but gained a great part of it at play.

That among the goods sold to Tasker, there was a particular gold watch, which Tasker said he would wear himself, and, to prevent a detection, got the name and number altered by a man at Leeds, and which watch Tasker was wearing when the declarant left England.

Mr Brodie was examined the same day, and being interrogated, declared, That he had been employed by the Magistrates of Edinburgh to alter the door of Mess. Bruces’ shop, at the head of Bridge Street; that his men altered it accordingly, after the streets had been lowered.

And being interrogated, If he was at that time acquainted with George Smith, present prisoner in the Tolbooth?—declares, That he does not at present remember at what time he became acquainted with Smith—But, as the declarant has other business of his own at present to take up his time, declines to give any further answer to this or any other question at present.

Being further interrogated, If he recollects receiving from George Smith a gold seal, a gold watch-key, and two gold rings?—he declines to answer this or any other question, for the reason above stated.

And being desired to sign this declaration, he refused so to do.

Anne Hibutt, spouse of George Smith, was also examined, who declared, That one morning Brodie came to the room where her husband and she resided, and examined a parcel of jewellery goods; and she saw Mr Brodie get the seal, watch-key, and rings mentioned in her husband’s declaration.

That she saw Brodie give her husband some money the night before he went to England; and, during her husband’s absence, she received money from Mr Brodie.

Andrew Ainslie was examined, and declared as to the time of his becoming acquainted with Brodie and Smith: That he was at Glasgow at the time Mess. Bruces’ shop was broke; but, on his return to Edinburgh, was informed of the particulars by Smith.

That he often saw, in Mr Brodie’s possession, hanging at his watch, a gold seal and watch-key, which Brodie said, these, with some other trifles, were the only things he had got of what was taken out of Mess. Bruces’ shop; and has often heard Smith and Brodie quarrelling, and Brodie grumbling and complaining that he had never got his proper share of the goods taken out of that shop.

John Brown, alias Humphry Moore, declared as to the time he became acquainted with Smith and Brodie: The first time he saw Brodie was supping in Smith’s house: That he was not come to Edinburgh when Mess. Bruces’ shop was broke.

That he has often heard Smith and Brodie talking with regard to that shop-breaking, and Brodie complaining that he had not got his proper share of the goods; and particularly, in a conversation betwixt Brodie and the declarant, after the shop of Inglis and Horner had been broke into, Brodie damned Smith for having broke into this last shop himself, and said he would treat him, Brodie, in the same manner he had done as to Bruces’ shop, which was very ungenerous, after he had given him the information.

That he had often had Brodie’s gold watch in his custody, and saw the gold seal and watch-key hanging at it, which Brodie often said were the only things he had got that were taken from Bruces’ shop.