they had been altered since they were some rent, he could not say how much. in his custody. When he asked Robert Kerr sen. Kersland, parish Bradley why he wished the letters of Dalry, was at Todshill when Bradput in among Dr Glasgow's papers, ley came to Smith's to inquire after Bradley said, it would make them papers, “to prove his correspondence appear stronger to come out from a- with the noble family ;" he saw semong Dr Glasgow's papers ;' witness veral papers lying in the parlour, said they would soon be discovered, among which were several old tacks, and refused to put them among Dr perhaps three or four ; was at LadeGlasgow's papers.

On Tuesday side on the 20th February, and put morning Robert Kerr, his father-in- his name to several deeds, which he " law, called on him to go to a funeral; understood had been found among Dr Bradley came in, and inquired after Glasgow's papers ; he did so because more papers, when he went and he was told if the papers were not brought some mure which were in an exhibited with good-will, a summons old pocket-book, and gave them to would be issued to exhibit them; and him to examine, while they went to thought, to prevent expense, it was the funeral ; at night he went to better they should be given up ; Ladeside, and carried the old pocket- (shown the papers, when he identifibook and some papers with him, ed his signature ;) among them was wrapped up in an old newspaper ; a receipt, which, Bradley remarked, Robert Kerr went with him. R. did not agree with an account shown Kerr, John, Peter, and William to him, but which he, witness, said, Montgomerie, Bradley, and Crau- might easily be accounted for, as the furd, were present; they had a good suins in the one were English, the deal of toddy ; Craufurd insisted on other Scots money ; a receipt was his signing the tacks and letters as granted for the papers obtained ; he genuine, which he refused ; Bradley saw a number of papers lying on a insisted, and said he would get Loch- table in his son-in-law's house on end, the farm which he had formerly Tuesday; his son-in-law said he found rented from Lady Mary Lindsay, for the small papers, bills, receipts, and his trouble ; he returned home on the Viscoant Garnock's letter, in a small Tuesday night, and again went to pocket-book belonging to Dr Glas, Ladeside on Wednesday ; when Kerr gow, and remarked that it was a mi. signed the papers. Witness argued raculous thing that they were not a good deal with his father-in-law to destroyed ; Smith would not agree to prevent him from signing, but he sign, because he was afraid of anger. would not be persuaded against it ; ing his uncle Mr Cochrane, or the he went to Ayr about a month after Lady, (understood by the Lady, Lato get the papers back; the offers dy Mary Lindsay.) Smith said the made him were chiefly when he was papers were found amoog Dr Glasalone with the prisoners; when he gow's papers, and often repeated, in mentioned to Craufurd the vitiation going to Ladeside (Kilbirnie,) that of the deeds, he denied that they he was astonished how they were prewere altered. On being cross-exami- served from the inice, which he could ned by the counsel for the prisoners, only account for by their being in the he did not recollect saying that he pocket-book ; his son-in-law did not was in arrears of rent to Lady Mary remonstrate with him about signing Lindsay, but he is in fact still due the decds, nor hint at the time that


ke suspected them to be vitiated'; the working in a bog, and mentioned first time he mentioned any thing to him that he was empowered by about their being forged, was some Mr Craufurd to prepare his claim, time about the 18th July 1811, and and search for proof; that if he (witwheir questioned why he did not- ness) could assist in the business, he mention it sooner, said he did not would be extensively remunerated. want to expose them, (meaning the Witness did not agree at the time, prisuters,) they would soon enough but Bradley said he would bring some expose themselves; he lives upon good papers and show him, from which enough terms with his son-in-law. he would be better able to judge ; he

Robert Glasgow of Montgranan, came shortly after, and brought with William Cochrane of Ladyland, Wil. him a parcel of papers, consisting of liam Montgomerie, Ladeside, and old accounts, books, &c. some fragAndrew Wyllie, farmer in Gifford- ments of parchment, and some old land, gave evidence to a similar effect. paper, seemingly torn out of a book

William Fanning—The counsel for without any writing on them ; there the prisoners objected to this witness were likewise a copy of the lease be. being examined, as he was not pro- tween James Crawfurd of Drough perly designed in the list of witnesses and Baron Dawson, one or two cash. farnished by the public prosecutor ; books, rent-book of Thomas Graves being styled some time clerk or with Baron Dawson, a book kept by writer at Kilrae, whereas he was a Colonel and Baron Dawson, memuschoolmaster, and offered to prove randums and accounts relating to that he was alone known by that de. Lord and Lady Garnuck, and items signation. The Court overruled the relative to the connexion between objection, as he was described “pre- James Craufurd and the Garnocks. - seat prisoner in the tolbooth of Edin

Witness disliked the appearance and burgh ;" and the purpose for which colour of the documents, some parts the designations of prisoners was af- of the papers being clean, and some fixed was, that they might be easily dirty; he asked Bradley whose wrirecognised by all parties, which, in the ting they were, when Bradley acknowpresent instance, was fully answered ledged they were his own; on which by the description given of the wito witness said, he thought them clumsy ness. He was called in, when he imitations. Bradley then asked him stated that he was, and had been for if he would assist in inserting entries acarly sixteen years, schoolmaster at in the book favourable to the claim. Culnagroo, between Swatterach and ant, in altering writings for the same Kilrae, but had previously acted as purpose.

In answer to a question clerk to a magistrate, and also to Mr from the public prosecutor, ihe witRankine at a large bleachfield, and, ness said, he understood that he was when he had leisure, was employed, to forge entries. He agreed to assist when he could get employment, in in helping to make out the claim by bringing up books, &c. He knew forging deeds, &c. Bradley and he Bradley since he was a boy of 10 or framed some papers, and altered 15 years of age, when he was living others; the deeds were first drawn out at Kilrae ; he saw him afterwards on paper before they were engrossed when he came from the militia ; and, on parchment, and the alterations were on this business, he first saw him aleo first written on paper before besome time in Jurie or July 1810, inginserted in the original documents. when he called on witness, who was Bradley said, he wished to obtain co

pies of the deeds to send over to vancing the prisoner Craufurd's claim Scotland :o Lord Craufurd (by Lord inserted instead ; at first Bradley atCraufurd he understood the prisoner) tempted to do this by scraping out in Scotland ; two leases were copied, with a knife the passages wished to as also the pedigree of the family, be obliterated, but did not succeed; which Bradley took over with him on which witness said that he recolto Scotland ; he saw Bradley the same lected having seen in a newspaper a season on his return from Scotland ; receipt for taking out ink from paBradley brought with him papers pers, which having procured, they which he got at Giffordland, among sent Craofurd Fullarton to an apowhich were letters of Earl Craufurd thecary's in Magherafelt to procure and Hew Craufurd ; before Bradley the liquid ; he did not procure the went to Scotland, he brought a lease whole of the materials, but brought to the witness, granted by James then some oxymuriatic acid, with Craufurd of Creach, but signed with which they washed out the writing, a mark; on which witness remarked, and then washed the paper with lime that he did not think it very proba- water, which they allowed to dry, ble that ibe son of an earl should not and, when dry, inserted the words be able to write his own name; Brad- they wished in the paper ; they took ley also brought two leases between the family seals from other papers, James Craufurd of Brough and James which appeared to be envelopes, and Craufurd of Castledawson, which affixed them to the fabricated wri: were written out, but the subscriptings; witness wrote the lease, signed tions were not annexed to them ; James Craufurd, from a copy given Bradley took these leases with him him by Bradley; he wrote also an into Scotland. Some time about the denture between two James Crausurds, latter end of December 1811, Mont. jun. and sen. for the purpose of showgomerie came to Castledawson with ing that there were two Craufurds, a parcel from Craufurd to Bradley, and to do away the effect of the mark which contained two original letters, affixed to the original deed, and likesigned James Craufurd; witness was wise to connect the James Craufurd near a whole night in trying to imi- jun. as factor at Castledawson, with tate the signatures, after which he the entries which were forged in the affixed them to the tacks, which had book. When Bradley was in Scotbeen extended on parchment, but land he found a holograph tack, and which remained unsigned till these wrote witness that he had found an original letters were procured; the entry in the memorandum-book which folowing day the leases were shown he got from Shaw, purporting to be to Montgomerie ; he did not think a receipt granted by James Crabfurd, Montgomerie knew what was con. Castledawson ; he understood the tained in the parcel he brought to Ire- said entry to be forged, because the land, nor did he see any of the pa- James Craufurd mentioned was a creapers till the leases were finished ; the ture of their imagination, and he did letters made James Crayfurd in Scot not think a man who never existed land at the time when the fabricated could write receipts. In his letter deeds bad him in Ireland ; the ori- Bradley said, he had “ another babe ginal letters were therefore altered ; born him since he left Castledawpart of the writing was erased, and son, and so like the parent that cri. what would suit the purpose of ad. ticisers would not know it.” The


witness was shown a number of deeds the part of the pannel, the principal and papers which he identified as ha- evidence was the following. ving been wholly, or in part written Rev. Solomon Brown knew Fan. by himself, in conjunction with Brad- ning since ever he knew any thing; les. Witness afterwards came to Fanning taught him writing. An a. Scotland, aod saw Craufurd at Kil

greement on oath between Fullartono birnie; Crawfurd had some high words Craufurd, Fanning and Bradley, to with Bradley, which witness spoke force John Lindsay Craufurd to give to him about when they were walk. them money, or otherwise they would ing together, and said he wondered not produce any of the papers, and he could talk to Bradley so, know. bioding the parties to be true to ing the state of his papers. Craufurd themselves, was shown witness, which answered that he only did so before he identified, as having been left with faces, but that he had a great deal to him by Fanning. As to Fanning's do to get Bradley to keep matters character, he said " language almost private from bis servant maid. He fails me to describe him; he is an inwent to Paisley and Glasgow with famous character, and a disgrace to Craufurd; parted with Craufurd at humanity. Bradley always bore a Clasgow, and told him he intended good character till he became acgoing to Ireland ; did not see him quainted with him ;” never heard again, till he met him in Mr Steele's any thing against Bradley, till he beW. S. Edinburgh. Witness was ta came acquainted with him. Certifi. ken isto custody upon a warrant, as cates of Bradley's good character he understood, at the instance of Mr were shown him, when he proved seHudter, Left a bundle containing veral of the subscriptions affixed to papers with Corporal Suttor, which them. was not to be delivered to any person, W. Fanning was again examined ; except himself or Lord Craufurd, acknowledged leaving the oath with the prisoner. The papers produced Mr Brown ; the lease produced by were not all he left, some having been Shaw, was shown him, he said it was abstracted from the bundle.

a copy he himself had made, the oriOn his cross examination, the wit- ginal was destroyed through his igness admitted that he had written a norance in applying the preparation letter to Lady Mary Lindsay, inform, intended to obliterate the writing ; ing her of the forgeries, and that he wrote to Bradley's wife, desiring her came over to Scotland partly from a to tell Bradley to leave the country. wish to do justice to her for the in Here the examination of witnesses jury he had committed ; all he ever closed after which the Lord Advaasked for was compensation for his cate addressed the Jury in behalf of expenses; he received twenty guineas the crown ; Mr Jeffrey and Mr Murfrom Lady Mary's agent, and two ray in behalf of the prisoners ; Lord gaineas which he remitted to his wife, , Meadowbank, who presided, summed also about 41. which he returned af. up the evidence, and the Jury were ter being taken prisoner.

inclosed about half.past seven o'clock A dumber of other witnesses were oh Tuesday morning, and directed to then examined on the part of the return their verdict next day at one prosecution ; but without any 'male- o'clock. rial addition to the above facts. On Wednesday, the Jury gave in their February 1812


verdict, unanimously finding both a jury; oor is this court a place for the prisoners guilty.

the determination of doubtful claims The Lord Advocate having craved of civil right. Such an intricate proof that judgment be given, and no ob would have been more competent in the jection being made, the judges on the Court of Session, where, no doubt, it bench, Lords Meadowbank, Her. would have been attempted, if likely mand, and Woodhouselee, delivered to have been successful, or if the at. their opinions serietim, that the of. tempehadbeen consistent with the hafence as charged and found proven, mane and judicious principleson which, did not impose upon the court the by our excellent constitution we are alnecessity of pronouncing the last waysaccustomed to see such matters sentence of the law. Lord Meadow. conducted. There is indeed, as I have bank, among other observations said, said, a certain civil interest ; but if * that upon reflecting on the practice there had been none, the falochood and principles of our law, he had no alone would have been a bigh offence. doubt on this head. Before the 16th It is no light matter to infringe the gentury capital punishment for for- respectability of those great names gery was unknown ; but the common to which Scotland was much indebtlaw being found too weak, the legis- ed in the worst of times ; and those lature interfered, by several statutes know best what the first Viscount of which described the crime. The pu. Garnoek did for his country who are nishment, however, in particular in. best acquainted with its history. To stances, was often dark ; and it was usurp by falsehood and forgery the the practice, during the intimate con-, representation of an ancient and renection which then subsisted between spectable family, is alone a crime of the courts and the privy council and an heinous nature ; but when to this parliament, for the former, in difficult is added the compass of contrivance eases, to ask and receive instructions and consummate skill of execution, from the latter. These cases again the length of time during which this supplied important precedents. In crime was continued, the multiplicity no instance, however, does simple vis of acts of which it consisted, and, oa tiation appear to have received a ca- the whole, the gross depravity and pital punishment. This case might criminality, and total abandonment of indeed have been capital, if it had all sense of distinction between truth been charged and proved to the ex- and falsehood, which marked the tent to which one witness swore ; conduct of the perpetrators, I cannot but there neither is before the court, but,concur with your Lordships, that nor was before the jury, any other the punishment of transportation for civił interest than that only, which fourteen years is the least which this entitled Lady Mary Lindsay Crauford court can infiet." After which, to be heard in process of service be. sentence was pronounced, ordaining fore the sheriff. And if it had been both prisoners to be transported hecapitally laid, by alleging in the ma- yond seas for fourteen years. In dejor proposition the felonious intent livering their opinions, the whole of to obtain possession of a high digni- the judges stated in high terms the ty and great estate, with a correspond satisfaction which they felt at perceiving narrative relating to the Viscoun. ing the unremitted attention of the ty of Garoock, and estates of Glen. Jury, and the ability and discriminatgarnock and Kilbirnic, it might not ing judgment evinced in the verdict perhaps have been established before they returned.


« ForrigeFortsett »