ページの画像
PDF
ePub

be written by James Craufurd himself to the above-mentioned Mr Blair, and dated 24th December 1751:

"I expected to seen Kilbirnie this last season. But from the multiplicity of business carried on by the Hon. Baron Dawson, I was prevented; and from what you told me in a former letter, my son Hew shall never go there again, nor any other of my family. I see my nephew Lord Craufurd has begun to forget me. I wrote him for 501. but he has not yet answered my letter, though I told over my necessities to him; my health on the decline, and the many private vexations yt. I labour under in a strange land. I depend on you, as usual, that you'll intercede for me, and represent my situation to him, and perhaps he may send me 501. which is the last I shall ever ask. He often served me from his own private purse, as well as by you, and I am very thankful; and as his debts are surely well nigh paid, except my Lord Glasgow, I hope you will be successful. My compliments to William Orr, Old Kirk, and all your family; and hoping to hear from you per bearer, I am, dear sir, your most obedient humble servant, JAMES CRAUFURD." The indictment being read, the pannels pleaded not guilty.

In opening the case on the part of Bradley, Mr Lumsden stated, that until the present accusation had been brought against him, his character had never hitherto, in any respect, been impeached. If it should turn out in the course of this trial that he had been concerned in the commission of any improper acts, it would appear that he had rather been misled through simplicity, than from any depravity of mind: That his misfortunes might arise from the circumstances of his having been acquainted with Mr Fanning, the principal witness on whom the Crown relied. This

man was considered as a person of great ability and discernment, and Bradley had resorted to him for the purpose of obtaining his advice relative to certain ambiguous parts of old documents discovered at Castledawson in Ireland, which, the prisoner had reason to believe, tended to support the claim of the other prisoner Craufurd: That Mr Fanning, who now turns out to be one of the most profligate and unprincipled of mankind, had instigated or encouraged Bradley to use means of an improper description towards the attainment of the desired object. And although he hoped the prisoner would be acquitted completely from the charge of forgery now libelled, yet if it should turn out that the prisoner had at all been accessory to the vitiation or falsification of the documents founded on by the prosecutor, he was confident it would appear, that the party involved most deeply in the guilt of these misdeeds was the witness Fanning. He therefore pleaded not guilty to the crime of forgery, although, on account of certain admissions in the prisoner's declaration founded on, it was deemed proper to give this statement.

Mr Cockburn, for the prisoner Craufurd, handed written defences to the Court, to which he did not conceive it necessary to state any addition. The purport of these defences we understand to have been a denial of the prisoner's guilt. He was not aware that any forgeries had been committed, but if they were, he was not accessory to them.

Thomas Miller, William Rae, David Stewart jun. W. S. and Messrs Hunter and Hill, W. S. gave evidence, that the pannel had actually laid claim to be served heir to Lord Viscount Garnock.

James Smith, Todhills, parish of Dalry, county of Ayr. About the

latter

latter end of harvest 1810, John Montgomerie came to the witness, and asked him if he had any old papers belonging to his grandfather Dr Glasgow, and if there were among them any signed James Craufurd at Castledawson, or Patrick Viscount of Garnock? in consequence of which he made a search, and found a num ber signed Patrick Viscount Garnock, but did not find any signed James Craufurd; in January 1811, he went to John Montgomerie's at Ladeside, carrying with him a num ber of old papers, something between a dozen and a score, among which were some old tacks; he examined them twice carefully before he car ried them to Ladeside, and is certain Bone of them were signed James Craufurd, but some of them were signed Patrick Viscount Garnock; the prisoners Craufurd and Bradley were at Ladeside, and he gave them the papers to examine whether any of them were signed James Craufurd; John, Peter, and William Montgomerie were in the room at the time; after the prisoners received the papers, they left the room together;' Bradley returned with some four papers, and laid them on a chair, at the same time desiring witness to proceed and search, as he might find some thing yet; Mrs Montgomerie lifted from the bottom of the chair a square paper folded like a letter, which, she said, would make her Lady Kilbirnie; Bradley wanted to look at it, but she would not let him; said it was a letter from James Craufurd, Castledawson, addressed to Dr Glas. gow; witness tried to see it; when he attempted to read it, Bradley pull ed it out of his hand; he is certain it was not among the papers he brought to Ladeside, the paper look ed cleaner like; he was then asked if he would sign it as one of the papers which had been found at his house,

but he would not do it at first; all the Montgomeries signed it; Craufurd said, if witness would befriend him now in his necessities, he would befriend him when he came to his kingdon, and at last he was prevailed on to sign it, for which he was vexed afterwards; he left the whole leases with Craufurd at Ladeside; four weeks after, he received a note from Craufurd on a Saturday, requesting him to come and take tea with him at Ladeside; he went accordingly, but Craufurd was not at home; he then called on Mr Cochrane, and returned again about 11 o'clock, when he saw Mr Craufurd, who asked for his family, and then went out of the room, leaving witness alone with Bradley. Bradley gave witness the papers back, wrapped up in a piece of an old newspaper, saying he wished to receive them before witnesses; when witness went home, he lighted a candle, and looked at the tacks, when he perceived that the old subscriptions had been erased, and James Craufurd 'put in their stead; (here a tack was shown, which witness identified, and said, that when he saw it formerly, there was a greater appearance of erasure at the signature than now.) On the Monday following, Bradley called on witness, and desired him to put the tacks, and two letters which he brought with him, among Dr Glasgow's old papers; the letters were one signed James Craufurd, Castledawson, addressed to Dr Glasgow, surgeon, at Kilbirnie, the other signed Garnock, dated Edinburgh. He mentioned to Bradley, that he thought the subscriptions of the tacks were altered, which he acknowledged, but said, as the papers were so old, it could do no harm to any one; the letters, Bradley said, he had found about Kilbirnie; witness refused having any thing to do with the papers, as

they

they had been altered since they were in his custody. When he asked Bradley why he wished the letters put in among Dr Glasgow's papers, Bradley said, it would make them appear stronger to come out from among Dr Glasgow's papers;' witness said they would soon be discovered, and refused to put them among Dr Glasgow's papers. On Tuesday morning Robert Kerr, his father-in"law, called on him to go to a funeral; Bradley came in, and inquired after more papers, when he went and brought some more which were in an old pocket-book, and gave them to him to examine, while they went to the funeral; at night he went to Ladeside, and carried the old pocketbook and some papers with him, wrapped up in an old newspaper; Robert Kerr went with him, R. Kerr, John, Peter, and William Montgomerie, Bradley, and Craufurd, were present; they had a good deal of toddy; Craufurd insisted on his signing the tacks and letters as genuine, which he refused; Bradley insisted, and said he would get Lochend, the farm which he had formerly rented from Lady Mary Lindsay, for his trouble; he returned home on the Tuesday night, and again went to Ladeside on Wednesday; when Kerr signed the papers. Witness argued a good deal with his father-in-law to prevent him from signing, but he would not be persuaded against it; he went to Ayr about a month after to get the papers back; the offers made him were chiefly when he was alone with the prisoners; when he mentioned to Craufurd the vitiation of the deeds, he denied that they were altered. On being cross-examined by the counsel for the prisoners, he did not recollect saying that he was in arrears of rent to Lady Mary Lindsay, but he is in fact still due

some rent, he could not say how much.

Robert Kerr sen. Kersland, parish of Dalry, was at Todshill when Bradley came to Smith's to inquire after papers, "to prove his correspondence with the noble family;" he saw several papers lying in the parlour, among which were several old tacks, perhaps three or four; was at Ladeside on the 20th February, and put his name to several deeds, which he understood had been found among Dr Glasgow's papers; he did so because he was told if the papers were not exhibited with good-will, a summons would be issued to exhibit them; and thought, to prevent expense, it was better they should be given up; (shown the papers, when he identified his signature;) among them was a receipt, which, Bradley remarked, did not agree with an account shown to him, but which he, witness, said, might easily be accounted for, as the suins in the one were English, the other Scots money; a receipt was granted for the papers obtained; he saw a number of papers lying on a table in his son-in-law's house on Tuesday; his son-in-law said he found the small papers, bills, receipts, and Viscount Garnock's letter, in a small pocket-book belonging to Dr Glas gow, and remarked that it was a miraculous thing that they were not destroyed; Smith would not agree to sign, because he was afraid of angering his uncle Mr Cochrane, or the Lady, (understood by the Lady, Lady Mary Lindsay.) Smith said the papers were found among Dr Glasgow's papers, and often repeated, in going to Ladeside (Kilbirnie,) that he was astonished how they were preserved from the mice, which he could only account for by their being in the pocket-book; his son-in-law did not remonstrate with him about signing the deeds, nor hint at the time that

he

be 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.

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, in the present instance, was fully answered by the description given of the witness. 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, in 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

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 (witness) 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 Craufurd 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 witness said, he thought them clumsy 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 being 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 Craufurd 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

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 Crabfurd, Castledawson; he understood the said entry to be forged, because the James Craufurd mentioned was a crea-` ture 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

« 前へ次へ »