Clackmannan; but there being little water in it, she 1674 cried to a servant of the Laird of Clackmannan's, w who helped her out. She declared, that she did not tell any body of her being thus tempted, nor had she power to tell; that she began to be troubled with the spirit about Fastren's-even preceding; that she was unmarried, and about fifty years of age. She adhered to this confession before the Court and jury. The jury, after reasoning and voting, found the prisoner guilty. She was sentenced to be hanged in the Grass-market on the 21st of February, that is, after an interval of one day; and her moveable goods to be forfeited.. The conviction of this poor woman was an act of great inhumanity and injustice. The Court ought to have appointed counsel for her; the judges ought themselves to have been her counsel. As the only proof adduced against her was her own confession, it must be held to be true in all its parts; and, by the confession, it is obvious that the woman was greatly disordered in mind. She had been troubled with hysterical convulsions, which are often accompanied with deep melancholy, and this she called the spirit. And, in her, the melancholy was so great as to deprive her of the use of her judgement; which is plain from her having, without any other motive, been frequently inclined, and once having actually attempted to put herself to death. It was not her crime to have killed the child; it was her misfortune to have lost her judgement. Andrew Rutherfoord of Townhead, for the Murder of James Douglass, brother to Sir William Douglass of Cavers. 1674 THE prisoner was accused of having conceived deadly malice against the deceased: that, having dined together in a farmer's house on the 9th of July preceding, in company with several gentlemen, the prisoner, urged by this malevolent passion, on their way home from dinner,* within half a mile of the town of Jedburgh, did murder the deceased, by giv. ing him a mortal wound with a small sword through the arm, and through the body under the right pap, of which wounds he died within four hours: that the prisoner immediately fled to England, and wouldhave embarked at South Shiells for Holland, had he not been apprehended. The prisoner pleaded selfdefence. Robert Scott of Horslehill deposed, That, about ten at night of the 9th of July, the deponent, Charles Ker of Abbotrule, William Ker of Newtown, and their servants, the prisoner, and the deceased, after dining at Swanside, called in the evening at the house of John Ker at Berchope, in their way to Jedburgh. The deceased was riding a little way before the deponent; and the prisoner, who was at a distance behind, galloped up beyond the deponent to the deceased. They rode a little way together, then alight *Records of Justiciary, 6th and 10th November, 1674. ed and drew their swords. The deponent knew not 1674 which of them drew first; but, on galloping up, he saw them pushing at each other, and called to them to desist; but, before he could alight, they were in each other's arms. The witness asked, if there was any hurt done? to which the prisoner answered, none that he knew of; but, at the same time the deceased held out his right hand, and said, that he had got blood. The witness demanded their swords, which they immediately delivered to him: instantly thereafter the deceased sunk down, and the prisoner fled. A surgeon was sent for from Jedburgh, they being but a quarter of a mile from the town. By his order, the deceased was put on a horse, a man sitting behind, and one walking on each side. When they arrived at Jedburgh, the deceased was laid on a bed, the surgeon probed the wound in his arm, and also that in his breast behind the right pap. The deceased died within two hours after receiving the wounds. Both in the field, and when laid in bed, the deceased exclaimed, Fie! fie! that I should be affronted by • such a base man!' The witness did not hear the deceased say he was wounded before he drew; as little did he hear him urge any thing before his death in vindication of the prisoner. The witness returned the prisoner his sword. All the company had drank freely. The surgeon deposed, that he thought the wound in the breast slight, and that the deceased died of the wound five inches long in his arm, an artery being pricked. Three witnesses were adduced for the prisoner, who deposed nihil novit in causa. A woman was then cited on his behalf, but the King's Advo 1674 cate objected to a woman being admitted a witness; and the Court refused to receive her, as there was no " penuria testium tempore mortis.'* The jury returned their verdict on the 12th of November, unanimously finding the prisoner guilty; and, on the 16th, the Court passed sentence of death upon him, ordaining him to be beheaded on the 25th, at the Cross of Edinburgh. George Clerk and John Ramsay, for the Murder of 1676 JOHN RAMSAY, servant to the deceased John Anderson, and George Clerk, late servant to Mr. John Clerk of Pennycuik, were prosecuted for the murder of John Anderson, merchant in Edinburgh, at the instance of Mr. John Clerk of Pennycuik, and James Clerk, merchant in Edinburgh, nephews to the deceased, and of Sir John Nisbet of Dirleton, his Majesty's Advocate. The indictment sets forth, that the prisoners lived in the house with the deceased,+ and waited on him at the time of his death, and for some months pre * No scarcity of witnesses at the time the deceased expired.This offspring of ignorance and barbarism, the refusing to admit women as witnesses, unless none other were to be had, was a rule of the law of Scotland previous to this century. + Records of Justiciary, January 17, 1676. ceding. The deceased was an unmarried person, 1676 and had nobody living in the house with him but the prisoners, who perfidiously abused the trust reposed in them. When their master was counting his money, having the room door shut upon him, they were in use to rap at the door, and, when he opened it, they slipped in and stole part of his money. The season was very sickly: a flux, in particular, raged with such violence, that many died of it daily; and it was deemed so contagious, that those who were not infected were afraid to approach the sick from the danger of infection. The prisoners conspired to bring this disease upon their masterThey consulted one Kennedy, apprentice to Thomas Henryson, apothecary in Edinburgh, in the month of October or November preceding, and got from him some purgative powders and drugs, which they administered to the deceased in his drink and otherwise. The first purging powder wrought slowly. They then got a white powder, which operated to their wishes, so that the deceased had recourse to Hugh Brown, apothecary, his ordinary medical adviser. The prisoners took advantage of the sickness they had brought on him, by combining to steal his money and jewels, which he kept in an iron chest. That they might steal with the greater security, they also applied to Kennedy for intoxicating, or soporiferous draughts; obtained from him a medicine which he called syrup of poppy, and gave it to their master when he was bad, and keeping the house, without his knowledge, or that of Brown his apothecary. It was mixed in his drink, and he fell in a deep sleep. They took out his keys, opened his chest, carried off |