Mr John Buchan Brodie said, that about half-past 12 o'clock on the New Year's morning, he was passing by Milne's Square, when he met several young men, armed with large bludgeons, one of whom was by himself; that the witness imagined they had been quarrel ling with some persons, when he told them it was not him nor his companion; that the person standing by himself, struck him a violent blow, which brought him down: this was two or three steps from Mr Weddell's shop; that he was again knocked down, but got up and called for the police, when the person who first struck him, said, "You your police is gone long ago," and again knocked him down, when he became insensible. When he came to his senses he found himself near Mr Pattison's shop, South Bridge, and found two different hands in his breeches pockets, a third had hold of his watch, and a little boy took his hat, which he recovered from him, but lost it a second time. Thinks, but is not positive, that the pannel, Niel Sutherland, was the person who struck him firsthe was dressed nearly as he is now, That he saw his watch afterwards in the Council Chamber, which he understood was put into the letter box in the Post Office; that he lost the articles specified in the indictment, No. 9, There were two shillings loose in his pocket, which were not taken, also a receipt which was returned to him, after, as he supposed, they had looked at it.

Mr Duncan McLauchlan, student of medicine, said, that he was on the streets on New Year's morning, between one and two o'clock; that some boys desired him and a Mr Bruce not to go for ward or they would be murdered; that they did, however, go for

ward, and were attacked by a number of fellows, when he lost his hat, gloves, and a pocket handkerchief; that he went over to the other side of the Bridge, and was again attacked. He told them he had been robbed already; on which some of them said, "Let him go," but a little lad damned him for a -, and put his hand into his pockets, but they took nothing. Thinks, but is not quite certain, that the pannel, Niel Sutherland, was the little lad; that there was a cry given of 'more booty;' on which the mob left him, He lost a handkerchief that night, but is not sure in what manner.

John Thomson, lapidary, said that he was on the street after 11 o'clock on the 31st December, along with W. Gray; that there was a great mob pursuing a gentleman, and he lost sight of Gray; that he went up the street, and met the pannels and Johnston near the Stamp Office close they came out of a crowd that was pursuing a gentleman; that he met Campbell, the policeman, near the Cross well, and he told him not to go down streets, as the mob would attack him; he replied, " damn the fear," and went towards the Stamp Office close; that he saw the mob attack Campbell, who repeatedly called out murder; that the pan. nels were there, and he heard the name "Boatswain," which he understands is Macdonald's nickname; that the pannels and Johnston were the first that attacked Campbell, and were joined by a number of others; that when the attack was made on Campbell, he heard some of the mob call out "Marr him," but did not understand the meaning of it; the pannels and Johnston had sticks in their hands; that the Boatswain had on a sort of a great coat, but he usually went with a jacket; that

when

when he heard Campbell cry murder, he went down the High Street, and did not return; he knew the pannels by sight, particularly Macintosh, who lives opposite to where he works, in Blair Street; that the moon was shining on the north side of the street, and is sure he saw the pannels and Johnston strike Campbell, and this was before the mob came up.

James Black, a seaman, prisoner in the tolbooth of Edinburgh, said, that he was on the streets on the evening libelled, and saw Campbell, the policeman, running up the streets, and the mob after him; that Johnston first tripped Campbell, and struck him when falling; that this was below the Flestumarket close; some gentle, men wanted to assist Campbell, but could not for the mob; that the Boatswain was there, and witness saw him give Campbell a kick, and heard the Boatswain and others say "that fellow Campbell is well out of the way;" saw Sutherland in the mob, and a stick in his hand, but did not see him do any ill; he also saw M'Intosh there, and observed him strike Campbell while he was lying on the ground; that the stick M'Intosh had in his hand was whitish, and had a knob on the end of it; that he went to assist Campbell, but he received a blow on the wrist, he believes from Johnston, which made him desist; that he saw Sutherland come up where he was, and drew out a stick from his coat, with a knob on the end of it, but he did not strike any body; that he came down the street from the Lawn-market, and met Campbell running away from the mob; is not certain what hour it was, but thinks it was about 20 minutes before twelve; that he knows two of the pannels by name, and the

Boatswain, but he never had any correspondence with them.

John Gilchrist, poulterer, said, that he was near the Tron Church on the last night of the year, and heard a cry on the opposite side of the street, of "there is a policeman;" that there was a great crowd of lads and boys, with sticks; saw Sutherland and M'Intosh run up the streets with the mob, and saw the policeman lying on the ground, and several people were striking him; that he did not see Sutherland and M'Intosh strike. Campbell, but they went over to the other side of the street, along with the others, when he saw a lady and gentleman attacked; that he heard the name Boatswain called out, but this was some time after, when the lady and gentleman were attacked; that he heard some of the mob say it was the Royal Arch (this, it appears, was the nickname of Dugald Campbell, the police watchman) who was at tacked; the pannels had sticks; witness was not so sure of Sutherland being in the mob, but was certain with respect to M'Intosh.

George Brown, apprentice carver and gilder, said, that he was on the High Street on the night libelled, and saw Macdonald and Johnstone standing beside Campbell, who was lying on the ground, but did not see them strike him, as they said he had got enough; that he saw Macdonald and one James Clark attack a gentleman, who defended himself till his stick broke, when he was repeatedly attacked, but he got off; that Macdonald seemed to be at the head of the mob, and that they attacked several people; saw M'Intosh on the South Bridge, but did not see him do any thing; about two o'clock, he saw Sutherland washing his face at the Bridge well; he had no con

versation

versation with any of them; witness was on the street for three hours.

James Burgess, shoemaker, said, that he was on the streets, on the 31st December, and came to the South Bridge about 11 o'clock, where he saw a number of people knocking down gentlemen, and saw the pannel M'Intosh very busy, on the South Bridge, doing so, and also saw him on the North Bridge attack a gentleman near to the Post-Office; that Macdonald was also very active knocking down gentlemen, and both of them had sticks; he saw a student knocked down at the east end of the South Bridge, who afterwards went into an entry, where some little boys followed him; does not know Sutherland; that several watches and hats were taken from gentlemen by the mob, of which Macdonald and McIntosh were a part.

John Tasker, prisoner in the Canongate jail, said, that he knew of a number of lads who used to meet at the bottom of Niddry Street when they came from their work, about nine o'clock. Sometimes they met thrice a-week, and witness has frequented these meetings more than half a year; that he knows the pannels, who were accustomed to come to those meetings, which were also frequented by the two Swans, Kidd, Clark, and others; that the purpose of the meeting was to pick quarrels with people, and to strike them, but never saw them take any thing; has heard that things were taken, and given to one Caw; has heard that cheeses were disposed of in this way, and has got whisky as part of his share; that he has heard them called Keellies; that three or four weeks before the new year, he heard of a plan to give the police a licking, (beating) and some of them said that they would

have a good hat; that it was the pannels who said so. He recollects meeting M'Intosh, Sutherland, Stewart, and Kidd, on the Sunday before the new year, on the South Bridge; that Sutherland said he was going on board a man of war, and would not stay till the new year; that M'Intosh advised him to stay to give the police a licking, particularly one Murray, saying, he was a wicked man, and chaced them off the Bridge; that M'Intosh advised the witness to go to the Meadows to cut sticks with good heads, to give the police a licking, and he brought in two, one of which he gave to McIntosh, which stick witness identified in Court; that the pannels had more to say among the lads than any of the rest. Recollects going to the Abbey one night before the new year, with the pannels and others, and M'Intosh desired Sutherland to tell Johnston to come up on the last night of the year, and Sutherland said he would tell Johnston when he saw him; that he knows a number of lads belonging to the Canongate and Calton who met for the same purposes as the Niddlry Street meeting, and Johnston was one of them; that the pannels, Swan and Kidd, and the witness, met about nine o'clock, on the 31st December, when it was agreed, that whatever was got that night was to be given to M3Ïntosh, who was to divide it next day; that Boatswain, Sutherland, Kidd, Stewart, the two Swans, and witness, were in the King George tap-room, Fleshmarket Close, about ten o'clock, where they staid half an hour, and then left it. They had all sticks, and Sutherland said he was resolved to have a good hat; that they all went down the Canongate, and returned up streets, when they met M'Intosh, and shortly after they

met

met Johnston, and the Canongate and Calton lads. Sutherland desired the Canongate party to go to the South Bridge; that he saw Johnston knock down a policeman, and M'Intosh also struck him with the stick he now sees in Court; that he did not see Sutherland at that time, nor M'Donald, who was rather the worse of liquor, and said he would go and get a sleep, and he did not see him again till near four in the morning; that there were a great many persons striking the policeman. Johnston's gang was chacing a gentleman down the street, whom Johnston knocked down, and he fell into a close; that both the parties came to the South Bridge, when two gentlemen were attacked, one of whom was knocked down by Johnston, and something taken from one of them, which he heard was a watch; that M'Intosh, Gun, White, and others, were present when Johnston took a watch from a gentleman. They afterwards went to the North Bridge, and came back and chaced three gentlemen along the South Bridge, one of whom was knocked down by Gun, and M'Intosh also struck him on the head. Sutherland was also there; but witness saw him do nothing to the gentleman from whom the hat was taken. Heard Johnstone call to the gentleman to deliver up his money, and he gave them some. About two in the morning, the police came by the way of Hunter's Square, aud chaced the party off the Bridge; that he saw a gentleman attacked near Barclay's tavern, who was knocked down by M'Intosh, and, when the gentleman was lying, M'Intosh stooped down, but does not know what he took. Witness was on the streets from eleven to four in the morning, during which several gentlemen were robbed, Suther

land was taken off the street by a girl, about two o'clock; but he saw M'Intosh till four o'clock. Did not see the Boatswain again 'till near four o'clock, and he was dressed nearly as before. Witness and M'Intosh went into a stair on the South Bridge, about half-past two, when McIntosh showed him some gold cases and two watches, and asked him if they were worth any thing; witness said they were. Being shown Mr N. Allan's watch, thinks it is like one of them which M'Intosh showed him. Next morning, M'Donald called on the witness, asking to see M'Intosh, in order to get the booty divided, but he could not tell any thing about M'Intosh at that time. Witness gave M'Intosh a chain, and saw John Swan give him about 10s. in silver. M'Intosh sent Kidd with a message to witness, to tell him he would keep his share for him, as he (M'Intosh) was going out of town. The Niddry Street party had a particular whistle, like a bugle, which was invented by McIntosh. The Canongate lads had also a particular whistle; and a gang in the Grassmarket had also a distinguishing whistle; and all the parties agreed to assist each other, on giving these signals. M'Intosh is a fifer in one of the local militia. corps. In the course of the evening, witness showed M'Intosh a silver watch, which he gave him in Hunter's Square. When the party went out to the Meadows, to get sticks, Swan carried a saw with him. Witness said he never saw M'Intosh in the Council Camber, but he saw him in the jail.

John Kidd, prisoner in the tot booth of Edinburgh, said, that he knew of a meeting of lads in Niddry Street, and has seen the pannels there; they went about the houses in the stairs, picking quarrels, and obliging the people to give, them

whisky;

whisky; knew there were similar meetings in the Canongate and Grassmarket; the party in Niddry Street had a particular whistle as a signal. some weeks before the New Year he heard of a plan for giving the police a licking on the New Year's morning, and to take hats; Tasker, Swan, and witness, went out to the Meadows, and cut four white sticks, with heads similar to the one now shown; Tasker, M'Intosh, Macdonald, and witness, got the four sticks; about a week before the New Year, some of the party had a conversation respecting taking hats, and any thing else they could get; M'Intosh desired Sutherland to tell the Canongate lads to come up on the last night of the year; the reason for attacking the police was to clear them off the street, to get the easier at the gentlemen. On the evening of the 31st December, about ten o'clock, it was proposed that M'Intosh should get all the booty, which was afterwards to be divided among the party; the pannels were the chief leaders of the, Niddry Street party; the witness, in company with Sutherland, Macdonald, the two Swans, and Tasker, were in the King George tap room, Fleshmarket Close, after ten o'clock, and afterwards went to the foot of the Canongate to a pyehouse; the whole party met at the Tron Church about 11 o'clock, and were joined by Johnston and the Canongate party; there were about a dozen in each party; witness saw D. Campbell knocked down by a tall lad; did not see Boatswain when Campbell was attacked, but saw him before and after; did not see Sutherland in the mob that chaced Campbell, who was pursued from the Tron Church, up the street; M'Intosh was in the mob when Campbell was attacked, and he struck him with a stick on the head after he was lying on the

ground; in the course of the night saw a number of gentlemen attacked, knocked down, and robbed: but no tradesman was attacked; M'Intosh was very active in those attacks; but did not see Sutherland after half past twelve: he saw Sutherland attack several gentlemen; that a gentleman was attacked at the corner of Weddell's shop by the witness, the Boatswain, and others; the gentleman struck them, and was knocked down, and robbed by the witness of his watch; witness then identified Mr Nicol Allan's watch as the one he took; the Boatswain was present when the watch was taken, and said that would do, and the watch was afterwards given to M'Intosh, in terms of their agreement; about one o'clock in the morning, the witness and M'Intosh went out to the Meadows to conceal the watches, and a hole was dug in the ground, into which five watches, three bank notes, about 40s in silver, three watch-chains, and some other things were put into it, and Mr Nicol Allan's watch was one of those things so concealed; M'Intosh and witness came back and joined the rioters, and the Boatswain was very active; witness left the streets about 2 o'clock, along with Tasker, who lodged in the same place; the next evening he met M'Intosh, who told him the things were discovered and taken away; in consequence of which, the Boatswain and witness went out to a park opposite Watson's Hospital to look for the things, but they were gone, and they both thought M'Intosh had taken them. In the Council Chamber, M'Intosh and the witness were brought together, and knew each other.

John Swan, prisoner in the Canongate jail, said, that he recollects meeting Sutherland, M'Intosh, Kidd, and Tasker, on the South Bridge before the New Year, when M'Ing

tosh