Abbildungen der Seite

he 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 10 prepare his claim, time about the 18th July 1811, and and search for proof; that if he (wit. when questioned wliy he did not ness) could assist in the business, he meption it sooner, said he did not would be extensively remunerated.want to expose them, (meaning the Witness did not agree at the time, prisoners, ) 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 sóli-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. hin a parcel of papers, cursisting 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 Crautard of Drough perly designed in the list of witnesses and Baron Dawson, one or two cashfurnished 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, memo schoolmaster, and offered to prove randums and accounts relating to that he was alone known by that de. Lord and Lady Garneck, and items signation. The Court overruled the relative to the connexion between objection, as he was described “pre. James Craufurd and the Garnocks. sent 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, ihat 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 ihey were his own; on which by the description given of the wito witness said, he thought them clomsy ness. Flu 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 nearly sixteen years, schoolmaster at in the book favourable to the claimCulnagroo, between Swatterach and ant, in altering writings for the same Kiliae, but had previously acted as purpose. in answer to a question clerk to a magistrate, and also to Mr from the public prosecutor, the witRankine at a large bleachfield, and, ness said, he understood that he was when he bad 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 also first written on paper before be. some time in June 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 to 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 fanily, 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 írom paBradley brought with him papers pers, which having procured, they which he got at Giffordland, among sent Craufurd Fullarton to an apowhich were letters of Earl Crauford thecary's in Magherafelt to procure and Hew Craufurd; before Bradley the liquid; be 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 Crauford 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 the 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 Crawfurd of Brough and James which appeared to be envelopes, and Craufurd of Castledawson, which affixed them to the fabricated wriwere written out, but the subscrip- tings; 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 denrure 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 following day the leases were shown he got from Shaw, purporting to be 10 Montgomerie ; he did not think a receipt granted by James Craufurd, Montgomerie knew what was con. , Castledawson ; he understood the tained in the parcel he brought to Ire. said entry to be forged, because the lánd, 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.Craufurd in Scot- not think a man who never existed land at the time when the fabricared could write receipts. In his letter deeds had 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 no: know it.” The


[merged small][merged small][ocr errors][merged small]
[ocr errors][ocr errors][ocr errors][ocr errors][ocr errors][ocr errors]

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 :
ley. Witness afterwards came to Fanning taught him writing. An a-
Scotland, and saw Craufurd at Kil. greement on oath between Fullarton
birnie; Craufurd 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. binding 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 his servant.maid. He fails me to describe him, he is an in-
went to Paisley and Glasgow with famous character, and a disgrace to
Craufurd ; parted with Craufurd at humanity. Bradley always bore a
Glasgow, and told him he intended good character till he became ac-
going 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 be-
W. S. Edinburgh. Witness was ta- came acquainted with him. Certifi-
ken into custody upon a warrant, as cates of Bradley's good character
he understood, at the instance of Mr were shown him, when he proved se-
Hunter. 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 cxamined ;
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.

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 Advo

for was compensation for his cate addressed the Jury in behalf of expenses ; he received twenty guineas the crown ; Mr Jeffrey and Mr Mur: from Lady Mary's agent, and two ray in behalf of the prisoners ; Lord guineas which he remitted to his wife, Meadowbank, who presided, summed also about 4l. which he returned af. up the evidence, and the Jury were ter being taken prisoner.

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

verdict, 6. ¿

[ocr errors]


[ocr errors][merged small]

verdict, unanimously finding both a jury; nor 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, Here would have been attempted, if likely mand, and Woodhouselee, delivered to have been successful, or if the attheir opinions seriatim, that the of. tempt hadbeen consistent with the hufence as charged and found proven, mane and judicious principles on which, did not impose upon the court the by our excellent constitution we are al. necessity of pronouncing the last ways accustomed 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 falsehood and principles of our law, he had no alone would have been a high offence. doubt on this head. Before the 16th It is no light matter to infringe the century capital punishment for for. respectability of those great names gery was unknown ; but the common to which Scotland was much indebt. law 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. Garnock 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 cases, 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 vi- of acts of which it consisted, and, on 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 civil interest than that only, which fourteen years is the least which this entitled Lady Mary Lindsay Craufurd court can inflict.” 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 he. capitally laid, by alleging in the ma- yond seas for fourteen years. In de jor 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 Viscous- ing the unremitted attention of the ty of Garnock, and estates of Glen- Jury, and the ability and discriminat. garnock and Kilbirnie, it might not ing judgment' cvinced in the verdict perhaps have been established before they returned.



Counsel for the crown, the Lord some seams of coal. The trap is in Advocate, Mr Solicitor-general, and some cases distinctly columnar; and William Boswell, Esq. advocate ; in many other places it shews a agent Hugh Warrender, Esq. writer tendency to this form. He observto che signet. Counsel for the pri- ed, that these circumstances might soners, Joha Archibald Murray, give occasion to some geologists Francis Jeffrey, Henry Cockburu, to class the trap of the Campsie and Hugh Lumsden, Esqrs. advo- district with volcanic products, of cates ; agents Mr Cameron, and Mr which however he saw no symptom. Archibald Brodie, writers.

He then pointed out that nature produces these forms both in the

moist and in the dry way, and gave Proceedings of the Wernerian Natu- examples of both. In the moist way,

ral History Society. he said that these forms are seen in T the meeting of this society greatest perfection in warm clinates;

on the 18th January, profes. and drew his example, in this mode, sor Jameson read a paper on par. from the coast of Africa, near the phyry, in which he site of ancient Carthage ; where a veral species of transition-porphy- small lake, with a deep clay bottom ry as occurring along with grey. had been accidentally drained by the wacke, &c. in different parts of wearing down of a part of its barriScotland. He also gave a particu- er, and where the clay deposite had

lar account of a floetz-porphyry, split into vertical columns, 18 feet · which likewise occurs in Scotland, high, and from a foot and a half to and appears to belong to the old red three feet in diameter. The examsandstone formation. The profes- ple in the dry way he took from the · sor conjectured that this Hoeiz por. island of Felicuda, one of the most phyry may be the mother stone of westerly of the Lipari islands. In che porphyritic felspar lavas which the lavas of that island which have are found in some countries, and taken the columnar forms, he menconsequently that lavas may occur tioned having seen obsidian and puin rocks of an older date than those mice which had been in flow with of the newest Poetz-trap series.-- the lava, and are seen combined in Atthe same meeting MrW.E.Leach one of its copgealed streams. read a description of two species of shark found in the Scottish seas, il

SCOTISH REVIEW. lustrative of a proposed subdivision of the genus squalus of Linnæus. A Breefe Memorialle of the Lyfe

At the meeting on 1st February, and Death of Dr. James Spottisa communication from Lieut. Col. wood, Bishop of Clogher in IreImrie was read, containing an ac

land ; and of the Labyrinth of count of the district of country in Troubles he fell into in that KingStirlingshire called the Campsie 'dom, and the Manner of the Un· Hills, illustrated by some interest- happie Accident brought such trouing geological facts observed by the bles

upon him. : Colonel on the coast of the Medi- From a MS. in the Auchinleck terranean. The Campsie Hills con

Library. sist of trap rocks of great thickness; 4to. pp. 78. Constable & Co. 1811. under swhich sandstone occurs; and below this, lie beds of limestone, with slate.clay, clay ironstone, and.

T is well known, that the library
at Auchinleck contains one of


« ZurückWeiter »