Trial of John Skelton for robberies on the morning of the New Year's day.

HIGH COURT OF JUSTICIARY.

MONDAY the 2d of March before

came on before this Court, the trial of John Skelton, apprentice gunsmith, accused of committing the three following robberies, on the night of the 31st of December last, or morning of the 1st of January 1812-viz, 1st, Knocking down and robbing George Edmonston, clerk to Mr David Ramsay, priater, of a black watch ribbon, and a watch-key of gold, which also formed a seal, having a Cornelian stone set therein: 2d, For robbing Mr Walter Robertson, stoneware merchant, West Bow, on the South Bridge, of a silk twist watch chain, with a brass seal, and brass key: and 3d, For robbing Mr William Jolly, student of divinity, on the South Bridge, of a green silk purse, mounted with steel, containing a written line from Dr William Ritchie, to Professor Jameson, in favour of the said Mr Jolly.

George Edmonston, clerk to Mr David Rainsay, printer of the Edinburgh Evening Courant, stated, that he was on the High Street on the 31st; and, about eleven o'clock at night, when crossing from the south side to the Fleshmarket Close, where his sister lived, he was followed by several people, who demanded money of him, but, without giving him time to deliver it, knocked him down, and left him lying in a stair, all wet with blood; that, when he recovered his senses, he found that an attempt had been made to rob him of his watch; but, the swivel breaking, he only lost the ribbon and seal. Was shewn a seal and ribbon, and said they were his property. Being particularly examined as to the place where he was attacked, he stated that it was March 1812.

within the head of the Fleshmarket Close; that he was never spoken to on the High Street by any person, till he was within the head of the Fleshmarket Close.

It being stated in the indictment, that the robbery of Mr Edmonston was committed on the High Street, when it appeared from the evidence to have been committed within the Fleshmarket Close, the Solicitor General, on the part of the Crown, waved this part of the charge against the prisoner.

Walter Robertson, stoneware merchant, West Bow, being next examined, stated, that, about twelve o'clock, he left his house, in company with another gentleman, to go to Nicolson Street, and, when turning past Mr Blackwood's shop, on the South Bridge, he saw a man knocked down, who fell between the other gentleman and him, and he was immediately assaulted by the rioters, and forced against the wall, when he was robbed of his pocket book, containing fourteen guinea notes, and seventeen onepound-notes, and his watch-chain. He was attacked by between forty and fifty lads, who were all young men, none of them in his opinion more than twenty years of age. The witness identified his watchchain, seal, and key. When he was first attacked, he intreated them not to use him ill, on a new year's morning, and said he would give them some money to drink his health; but, while putting his hand into his pocket, to give them money, his coat was tore open, and his pocket-book taken away. He received a stroke with a stick, that struck off his hat, which he lost; and he just got off while another blow was aiming at him.

William Jolly, student of divinity, stated, that between twelve and one o'clock, of the 1st January, he came along the South Bridge,

and

and was attacked by a party of about three dozen, between the Cowgate Arch and Tron Church, who demanded a shilling to drink his health; but he told them he had no money. On this, two of the stoutest of them held his arms, while a smaller one searched his pockets. Several of them cried out to knock him down, but two objected to that, as he was a country lad. To convince them he had no money, he took out a small green purse, and shook it; but it was immediately snatched violently from him. The purse contained a line from the Rev. Dr Ritchie to Professor Jameson. The witness identified both the purse and the line it contained; said he was twice struck, but he did not fall farther, than his knee.

Walter Alexander, apprentice to James Brown, shoemaker, Caltonstreet, deponed, that he knows the pannel, and saw him on the last night of the year at the head of Woodsworth's lane, Calton, along with James Johnstone, mason, K. M'Kenzie, the two Clerks, Ellis, and Campbell, apprentices to a carver and gilder. Johnstone desired him to bring out a stick, and the witness brought out two, but did not know for what purpose the sticks were got; that Johnstone was a leader, and the witness supposed himself and the others were to assist him; that there was a conversation among the party about taking gentlemen's hats, both before and after Skelton joined them, but he did not understand that the sticks were to be used against gentlemen; that there was a plan to attack the police, but does not know by whom it was proposed thinks he saw Skelton lift a lemon box from Mr Nimmo's door, at Greenside Place, and it was thrown at a policeman, but is not quite certain whether it was the pannel

or not: that they attacked the po liceman at Greenside Place; that the party went down a lane into Mr Allan's ground, and some of them climbed the trees and broke sticks, and thinks Skelton and Gun were among those who climbed the trees, as they had no sticks at first; that he saw Skelton with a small branch of tree that was made into a stick; that they were all provided with sticks, and then all proceeded up the lane to Leith-street-Johnstone proposed to take stones to throw at the police, but none of them were thrown; that some time after they met about a dozen of the police, on which the party dispersed, after which he did not see Skelton. Some time after he heard Skelton's name called out on the South Bridge, but did not see him ; that he saw several gentlemen attacked on the Bridges and High Street, but is not sure whether it was before or after he heard Skelton's name called; that he saw a person knocked down near Mr Blackwood's shop, South Bridge, but does not recollect the time; that he saw a gentleman knocked down at the head of North Bridge, a policeman was also knocked down near the Fountain Well, and another policeman at the head of the Fleshmarket Close, but this was before what happened at Mr Blackwood's shop, South Bridge.-Before quitting the witness box, he received a very suitable exhortation from the Lord Justice Clerk as to his future conduct.

Kenneth McKenzie, apprentice to Mr Donaldson, confectioner, Leith Street, deponed, that he does not know the pannel, and did not see him on the last night of the year; that he was in company with Johnstone, the two Clerks, Walker, Gun, Grant, Alexander, and some others, that evening, several of whom he did not know; that all the

party

party went down to Mr Allan's ground, and two of them went up the trees, and broke off sticks, but does not know who they were; met Johnstone at nine o'clock, and at his desire he went for his stick; that he did not notice John Skelton have a stick

(Here the Court desired the question by the Depute-Advocate, with the answer, to be written down by the clerk of Court, which was done accordingly.) They were "Had the whole of the party sticks? Witness-Did not notice John Skelton have a stick.

Court-You said you did not know Skelton; what did you mean by saying he had no stick, if you did not know him?-Meant to say he was one of the three persons, who, as I was afterwards told, joined us at the head of Leith Walk; I never saw him in my life till this day; never heard his name till I did it in the Council-chamber.

How did you know his name? Mr Ponton asked me if I would know the lad who helped me to lift the orange box to throw at the policeman? I said I would not know him if I saw him. Mr Ponton told me, John Skelton helped me.

Was it Mr Ponton who told you that? No, not Mr Ponton, it was another gentleman; I was examined three times; it was the second time I got the information from the gentleman.

Did you not know who helped you to lift the box? No, I did not take any particular notice, he was about the same size as the prisoner; had no conversation with the person who lifted the box along with me; I did not speak to him."

(The Court observed that it was by no means credible that such a transaction could have taken place without some conversation; nobody could believe that he would lift a bag with a man he did not know,

without exchanging almost a word with him.)

The witness then said, that he, and another lad, who he did not know, took an orange box from Mr Nimmo's door in Greenside Street, and threw it at a policeman; saw Walker strike a policeman; when coming from Mr Alan's, some person called out to get stones, which was done, but the witness did not carry his stone; about a month, or three weeks before, Johnstone pro-, posed they should take gentlemen's hats that night, and thinks it was understood by the whole party that it was to be done; that when the box was thrown, he never spoke to the person who assisted him; either the witness, or the person who assisted him, said, "Take the one side, and I will take the other." Knows the former witness, Alexander, but while under examination in the Council-chamber, he never spoke to him; that he was at one time about an hour together with Alexander, but said nothing to him, only he remarked to the boy Thomson, that he, (Alexander) had told the whole story, and had little to do for his pains.-This witness was committed to prison for prevarication.

Reverend Dr Ritchie, deponed, that he knows Mr William Jolly, a student of Divinity, and remembers writing a line for him to Professor Jameson, which line he read and identified in Court.

John Grant, aged 14 years, re siding in Greenside Place, deponed, he was in Leith Street on the last night of the year, where he met Johnstone, the two Clerks, Mackenzie, Gun, Alexander, and others; that Johnstone wished the witness rather to go away; that some time after, they were joined by two others, and Johnstone asked them to assist in giving the police a kneitting (i. e. beating) and to

stand

stand true; that two of the party lifted an orange box, and threw it among the policemen, and one of them was knocked down-cannot positively say the pannel was one of the two who joined them, and thinks Mackenzie was one of them that threw the box at the police

men.

Thomas M'Gibbon, painter, Thistle Street, said, that he was on the streets on the last night of the year, and went out about eleven o'clock to the High Street, where he saw several gentlemen knocked down and robbed-knows the pannel. Witness was, that night, for some considerable time betwixt the Tron Church and Mr Weddle's shop. Skelton was in the midst of the mob, and was swearing, and had a stick in his hand. Does not recollect seeing him more than once, but it appeared to him, that he was in the riot-saw him with his hat in his hand at one period, and he thought he was hiding some things-had seen some robberies committed before this time, opposite the Post Office. Saw a robbery committed at Moffat's shop, end of South Bridge, and saw a nother robbery on the opposite side of the street, but this was after he had seen Skelton.

William Walker, slater, residing in Blair Street, said, that he was on the streets the last night of the year, in company with Skelton, and they went together to Leith Street, where they met Johnstone and several other lads; George Hog and James Simpson were also with them. The party attacked the police, and he assisted-saw the box thrown, but does not know who threw it. The party went to Mr Allan's grounds, and several of the boys went up the trees. Skelton was one of them who climbed the trees, and had no stick till he came

to Mr Allan's, where he got a small

one.

John Chisholm, a policeman, said he was sent by the Magistrates for Mr Tait, before one o'clock in the morning of the first of January, and returned to the police-office with Mr Tait; that between two and three, saw the pannel come across the street from the Fleshmarket Close; he was in front of a party, and, when the police came forward, he cried out to attack them; but the prisoner immediately ran off, and threw away his stick; he was, however, taken by the police, and carried into the office; that he was searched there, and two watch chains found on him, one of which the witness identified to be Mr Robertson's; that he was farther searched, and in his watch-fob, which was secured with a pin, Mr Jolly's purse, and also Dr Ritchie's line, were found, both of which the witness identified. Nine shillings, and an eighteen penny piece in silver, and some other things, were also found on the pannel. The streets were very dirty, but the articles found on the pannel were quite clean.

Thomas Mackay, a policeman, was on duty on the last day of the year, and between two and three o'clock, saw a mob, and the pannel at their head, who said, "Let's attack the b's;" the witness ran after the pannel and took him prisoner, and, with Chisholm's assistance, took him to the police office. A stick was brought to the office, but is not sure whether it was the stick the prisoner threw away when he was pursued and taken.

Jolm Duff, policeman, said he searched the pannel, and took two watch chains from his left waistcoat pocket. The witness identified Mr Robertson's watch chain;

and

and Angus Cameron, police constable, who also searched the prisoner, identified Mr Jolly's purse, and Dr Ritchie's line, which he found in his watch-fob secured with a pin.-He said to Cameron, the purse was his sister's.

The pannel's Counsel admitted that the declarations were fairly taken, and they were then read by the clerk.

In the first declaration, he said he found the articles which were taken from him at the police office; they were picked up by him on the street, having been thrown away by a boy who was pursued. He also admitted, in the third declaration, that he had found a hat that night. In general, the prisoner's declarations were remarkably clear and candid, as to the proceedings of the rioters.

FOR THE PANNEL.

On the part of the prisoner, the strongest possible proof of character was adduced.

William Younger, Esq. deponed, that the prisoner had been his household servant; and had behaved soberly, honestly, and to his perfect satisfaction.

Mr James Innes, gunsmith. "Prisoner was with me for nearly three years; and down to 31st December last, he was a remarkably honest and well behaved lad; though very young now, yet his behaviour led me to repose perfect confidence in him; he paid and collected my accounts; I never found him wrong in a farthing; never missed him when I wanted him;. never saw him in liquor; in short, he was quiet, remarkable for good conduct, and of perfect integrity, so far as I knew or saw."

Henry Gray, journeyman, and Dick Davidson, apprentice with Mr Innes, deponed, that in the course of last September, the pannel was sent with an account to an

English nobleman, of which he got payment, but he received a five pound note by mistake for a one pound note; he instantly told it to his fellow workmen, and he and Gray went over to the New Town, met the nobleman, to whom he returned the 57. note, and received a guinea note in exchange, being a shilling to himself.

James Drummond, weaver, who had lodged several years in his father's house with him, gave him an excellent character for sobriety, regularity, and attention, while he

knew him.

The Solicitor-General addressed the Jury on the part of the Crown, and he began with apologising for the delay that had taken place in bringing on this trial, which was occasioned by the number of outrages committed on that melancholy evening. The Magistrates had exerted themselves with the greatest activity, and well merited the applause of their fellow citizens ;but notwithstanding all their endeavours, from the number of criminals concerned, it was impossible to bring on this trial sooner. He observed, at the same time, that no delay had occurred after the precognition was laid before the Crown Counsel, as the present indictment was served in the course of two days after. The Solicitor-General then entered into an examination of the evidence, and contended, that he had completely made out his case against the prisoner.

Mr Gordon replied, in an eloquent speech, for the pannel, in the course of which he drew a clear line of distinction between a person being engaged in the boisterous and riotous mirth to which the last night of the year has, by immemorial custom, been devoted, and his being concerned in, or a party to, the the systematic plan