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he suspected them to be vitiated; the first time he mentioned any thing about their being forged, was some time about the 18th July 1811, and when questioned why he did not mention it sooner, said he did not want to expose them, (meaning the prisoners,) they would soon enough expose themselves; he lives upon good enough terms with his son-in-law.

working in a bog, and mentioned to him that he was empowered by Mr Craufurd to prepare his claim, and search for proof; that if he (wit ness) could assist in the business, he would be extensively remunerated.-Witness did not agree at the time, but Bradley said he would bring some papers and show him, from which he would be better able to judge; he came shortly after, and brought with him a parcel of papers, consisting of old accounts, books, &c. some fragments of parchment, and some old paper, seemingly torn out of a book without any writing on them; there were likewise a copy of the lease between James Crauturd of Drough and Baron Dawson, one or two cashbooks, rent-book of Thomas Graves with Baron Dawson, a book kept by Colonel and Baron Dawson, memorandums and accounts relating to Lord and Lady Garnock, and items relative to the connexion between James Craufurd and the Garnocks. Witness disliked the appearance and colour of the documents, some parts of the papers being clean, and some dirty; he asked Bradley whose writing they were, when Bradley acknowledged they were his own; on which

Robert Glasgow of Montgranan, William Cochrane of Ladyland, Wil liam Montgomerie, Ladeside, and Andrew Wyllie, farmer in Giffordland, gave evidence to a similar effect. William Fanning-The counsel for the prisoners objected to this witness being examined, as he was not properly designed in the list of witnesses furnished by the public prosecutor; being styled some time clerk or writer at Kilrae, whereas he was a schoolmaster, and offered to prove that he was alone known by that designation. The Court overruled the objection, as he was described “present prisoner in the tolbooth of Edinburgh;" and the purpose for which the designations of prisoners was affixed was, that they might be easily recognised by all parties, which, inthe present instance, was fully answered by the description given of the wit-witness said, he thought them clumsy He was called in, when he stated that he was, and had been for nearly sixteen years, schoolmaster at Culnagroo, between Swatterach and Kilrae, but had previously acted as clerk to a magistrate, and also to Mr Rankine at a large bleachfield, and, when he had leisure, was employed, when he could get employment, ia bringing up books, &c. He knew Bradley since he was a boy of 10 or 15 years of age, when he was living at Kilrae; he saw him afterwards when he came from the militia; and, on this business, he first saw him some time in June or July 1810, when he called on witness, who was

ness.

imitations. Bradley then asked him if he would assist in inserting entries in the book favourable to the claimant, in altering writings for the same purpose. In answer to a question from the public prosecutor, the witness said, he understood that he was to forge entries. He agreed to assist in helping to make out the claim by forging deeds, &c. Bradley and he framed some papers, and altered others; the deeds were first drawn out on paper before they were engrossed on parchment, and the alterations were also first written on paper before be ing inserted in the original documents. Bradley said, he wished to obtain co

pies of the deeds to send over to Scotland to Lord Craufurd (by Lord Craufurd he understood the prisoner) in Scotland; two leases were copied, as also the pedigree of the family, which Bradley took over with him to Scotland; he saw Bradley the same season on his return from Scotland; Bradley brought with him papers which he got at Giffordland, among which were letters of Earl Craufurd and Hew Craufurd; before Bradley went to Scotland, he brought a lease to the witness, granted by James Crauford of Creach, but signed with a mark on which witness remarked, that he did not think it very probable that the son of an earl should not be able to write his own name; Bradley also brought two leases between James Craufurd of Brough and James Craufurd of Castledawson, which were written out, but the subscriptions were not annexed to them; Bradley took these leases with him to Scotland. Some time about the latter end of December 1811, Montgomerie came to Castledawson with a parcel from Craufurd to Bradley, which contained two original letters, signed James Craufurd; witness was near a whole night in trying to imitate the signatures, after which he affixed them to the tacks, which had been extended on parchment, but which remained unsigned till these original letters were procured; the following day the leases were shown to Montgomerie; he did not think Montgomerie knew what was contained in the parcel he brought to Ireland, nor did he see any of the papers till the leases were finished; the letters made James Craufurd in Scotland at the time when the fabricated deeds had him in Ireland; the original letters were therefore altered; part of the writing was erased, and what would suit the purpose of ad

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vancing the prisoner Craufurd's claim inserted instead; at first Bradley attempted to do this by scraping out with a knife the passages wished to be obliterated, but did not succeed; on which witness said that he recollected having seen in a newspaper a receipt for taking out ink from papers, which having procured, they sent Craufurd Fullarton to an apothecary's in Magherafelt to procure the liquid; he did not procure the whole of the materials, but brought them some oxymuriatic acid, with which they washed out the writing, and then washed the paper with lime water, which they allowed to dry, and, when dry, inserted the words they wished in the paper; they took the family seals from other papers, which appeared to be envelopes, and affixed them to the fabricated writings; witness wrote the lease, signed James Craufurd, from a copy given him by Bradley; he wrote also an indenture between two James Craufurds, jun, and sen. for the purpose of showing that there were two Craufurds, and to do away the effect of the mark affixed to the original deed, and likewise to connect the James Craufurd jun. as factor at Castledawson, with the entries which were forged in the book. When Bradley was in Scotland he found a holograph tack, and wrote witness that he had found an entry in the memorandum-book which he got from Shaw, purporting to be a receipt granted by James Craufurd, Castledawson; he understood the said entry to be forged, because the James Craufurd mentioned was a creature of their imagination, and he did not think a man-who never existed could write receipts. In his letter Bradley said, he had " another babe born him since he left Castledawson, and so like the parent that criticisers would not know it." The

witness

witness was shown a number of deeds and papers which he identified as having been wholly, or in part written by himself, in conjunction with Bradley. Witness afterwards came to Scotland, and saw Craufurd at Kil birnie; Craufurd had some high words with Bradley, which witness spoke to him about when they were walk ing together, and said he wondered he could talk to Bradley so, knowing the state of his papers. Craufurd answered that he only did so before faces, but that he had a great deal to do to get Bradley to keep matters private from his servant-maid. He went to Paisley and Glasgow with Craufurd; parted with Craufurd at Glasgow, and told him he intended going to Ireland; did not see him again, till he met him in Mr Steele's W. S. Edinburgh. Witness was taken into custody upon a warrant, as he understood, at the instance of Mr Hunter. Left a bundle containing papers with Corporal Suttor, which was not to be delivered to any person, except himself or Lord Craufurd, the prisoner. The papers produced were not all he left, some having been abstracted from the bundle.

On his cross examination, the witness admitted that he had written a letter to Lady Mary Lindsay, informing her of the forgeries, and that he came over to Scotland partly from a wish to do justice to her for the injury he had committed; all he ever asked for was compensation for his expenses; he received twenty guineas from Lady Mary's agent, and two guineas which he remitted to his wife, also about 41. which he returned after being taken prisoner.

A number of other witnesses were then examined on the part of the prosecution; but without any material addition to the above facts.

February 1812.

On

the part of the pannel, the principal evidence was the following.

Rev. Solomon Brown knew Fanning since ever he knew any thing; Fanning taught him writing. An agreement on oath between Fullarton Craufurd, Fanning and Bradley, to force John Lindsay Craufurd to give them money, or otherwise they would not produce any of the papers, and binding the parties to be true to themselves, was shown witness, which he identified, as having been left with him by Fanning. As to Fanning's character, he said "language almost fails me to describe him; he is an infamous character, and a disgrace to humanity. Bradley always bore a good character till he became acquainted with him;" never heard any thing against Bradley, till he became acquainted with him. Certificates of Bradley's good character were shown him, when he proved several of the subscriptions affixed to them.

W. Fanning was again examined ; acknowledged leaving the oath with Mr Brown; the lease produced by Shaw, was shown him, he said it was a copy he himself had made, the original was destroyed through his ignorance in applying the preparation intended to obliterate the writing; wrote to Bradley's wife, desiring her to tell Bradley to leave the country.

Here the examination of witnesses closed-after which the Lord Advocate addressed the Jury in behalf of the crown; Mr Jeffrey and Mr Murray in behalf of the prisoners; Lord Meadowbank, who presided, summed up the evidence, and the Jury were inclosed about half-past seven o'clock on Tuesday morning, and directed to return their verdict next day at one o'clock.

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Wednesday, the Jury gave in their verdict

verdict, unanimously finding both the prisoners guilty.

The Lord Advocate having craved that judgment be given, and no objection being made, the judges on the bench, Lords Meadowbank, Hermand, and Woodhouselee, delivered their opinions seriatim, that the of fence as charged and found proven, did not impose upon the court the necessity of pronouncing the last sentence of the law. Lord Meadow bank, among other observations said, "that upon reflecting on the practice and principles of our law, he had no doubt on this head. Before the 16th century capital punishment for forgery was unknown; but the common law being found too weak, the legislature interfered, by several statutes which described the crime. The punishment, however, in particular instances, was often dark; and it was the practice, during the intimate connection which then subsisted between the courts and the privy council and parliament, for the former, in difficult cases, to ask and receive instructions from the latter. These cases again supplied important precedents. In no instance, however, does simple vitiation appear to have received a ca pital punishment. This case might indeed have been capital, if it had been charged and proved to the extent to which one witness swore; but there neither is before the court, nor was before the jury, any other civil interest than that only, which entitled Lady Mary Lindsay Craufurd to be heard in process of service before the sheriff. And if it had been capitally laid, by alleging in the major proposition the felonious intent to obtain possession of a high dignity and great estate, with a corresponding narrative relating to the Viscoun ty of Garnock, and estates of Glengarnock and Kilbirnie, it might not perhaps have been established before

a jury; nor is this court a place for the determination of doubtful claims of civil right. Such an intricate proof would have been more competent in the Court of Session, where, no doubt, it would have been attempted, if likely to have been successful, or if the attempt hadbeen consistent with the humane and judicious principles on which, by our excellent constitution we are always accustomed to see such matters conducted. There is indeed, as I have said, a certain civil interest; but if there had been none, the falsehood alone would have been a high offence. It is no light matter to infringe the respectability of those great names to which Scotland was much indebted in the worst of times; and those know best what the first Viscount of Garnock did for his country who are best acquainted with its history. To usurp by falsehood and forgery the representation of an ancient and respectable family, is alone a crime of an heinous nature; but when to this is added the compass of contrivance and consummate skill of execution, the length of time during which this crime was continued, the multiplicity of acts of which it consisted, and, on the whole, the gross depravity and criminality, and total abandonment of all sense of distinction between truth and falsehood, which marked the conduct of the perpetrators, I cannot but concur with your Lordships, that the punishment of transportation for fourteen years is the least which this court can inflict." After which, sentence was pronounced, ordaining both prisoners to be transported he yond seas for fourteen years. In delivering their opinions, the whole of the judges stated in high terms the satisfaction which they felt at perceiving the unremitted attention of the Jury, and the ability and discriminating judgment evinced in the verdict. they returned.

Counsel

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Counsel for the crown, the Lord some seams of coal. The trap is in Advocate, Mr Solicitor-general, and William Boswell, Esq. advocate; agent Hugh Warrender, Esq. writer to the signet. Counsel for the prisoners, John Archibald Murray, Francis Jeffrey, Henry Cockburu, and Hugh Lumsden, Esqrs. advocates; agents Mr Cameron, and Mr Archibald Brodie, writers.

Proceedings of the Wernerian Natu

ral History Society.

T the meeting of this society on the 18th January, professor Jameson read a paper on porphyry, in which he described several species of transition-porphyry as occurring along with greywacke, &c. in different parts of Scotland. He also gave a particular account of a floetz-porphyry, which likewise occurs in Scotland, and appears to belong to the old red sandstone formation. The professor conjectured that this floetz porphyry may be the mother stone of the porphyritic felspar lavas which are found in some countries, and consequently that lavas may occur in rocks of an older date than those of the newest floetz-trap series. At the same meeting Mr W. E. Leach read a description of two species of shark found in the Scottish seas, illustrative of a proposed subdivision of the genus squalus of Linnæus.

At the meeting on 1st February, a communication from Lieut. Col. Imrie was read, containing an account of the district of country in Stirlingshire called the Campsie Hills, illustrated by some interesting geological facts observed by the Colonel on the coast of the Mediterranean. The Campsie Hills consist of trap rocks of great thickness;

under which sandstone occurs; and below this, lie beds of limestone, with slate-clay, clay ironstone, and.

some cases distinctly columnar; and in many other places it shews a tendency to this form. He observed, that these circumstances might give occasion to some geologists to class the trap of the Campsie district with volcanic products, of which however he saw no symptom. He then pointed out that nature produces these forms both in the moist and in the dry way, and gave examples of both. In the moist way, he said that these forms are seen in greatest perfection in warm clinates; and drew his example, in this mode, from the coast of Africa, near the site of ancient Carthage; where a small lake, with a deep clay bottom had been accidentally drained by the wearing down of a part of its barrier, and where the clay deposite had split into vertical columns, 18 feet high, and from a foot and a half to three feet in diameter. The example in the dry way he took from the island of Felicuda, one of the most westerly of the Lipari islands. In the lavas of that island which have taken the columnar forms, he mentioned having seen obsidian and pumice which had been in flow with the lava, and are seen combined in one of its congealed streams.

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