to attempt to enter the house, falsely affirming that he
had tried to go up stairs, but being in danger of being shot, he was by
fear obliged to leave the house. And in order to keep them still amused
with his false suggestion of danger by entering the house, having gone
along with them into the house of John Hyslop in Pittenweem, he detained
them there for some time, until he judged that his associates might have
made their escape with their spoil; and soon afterwards William Hall was
seized in the street of Anstruther-Easter, between twelve and one next
morning, being Saturday the 10th January, having several of the goods and a
purse of gold so robbed in his possession, which he dropped and endeavoured
to conceal. And they, Andrew Wilson, and George Robertson, having met some
short time afterwards in the house of said James Wilson in
Anstruther-Easter, where they were informed that the house was beset,
conscious of their own guilt, they, one or other of them, did deliver to
said James Wilson the seal, the penknife, the pair of buckles, some money,
and other things robbed, telling that if they were found in their
possession they would be hanged or undone, or words to that purpose,
expressing an apprehension of the utmost danger; and immediately thereafter
got into bed, as if they had lain all night asleep, where both were
apprehended, and upon the top of which bed were found the bank notes robbed
from Collector Stark, and his pocket-book above another bed in another room
of the house, &c. Wherefore, on these crimes being confessed or proven, the
parties ought to be most severely and exemplarily punished with the pains
of law, in terror of others committing the like in time coming.
The indictment to the foregoing effect was read--the case debated, and the
Lords ordered both parties to give in informations.
On the 19th March 1736, the Lords found the libel relevant--but allowed
George Robertson a proof, with respect to his behaviour at the time stated,
for taking off the circumstances tending to infer his being accessory, or
art and part of the crimes libelled.
A jury was empannelled, and the trial proceeded. To give even notes of the
depositions on both sides would exceed our limits. We shall therefore
merely select the evidence of two or three witnesses, whose statements will
serve to form a continuation of our narrative, and pass over the remainder
as unnecessary for our purpose.
The first we shall adduce is th
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