[Three men were produced, one of whom

was Leggat, whom he recognized.] Were you at a meeting on the 4th of January? -Yes.

Where was it held?-In Neill Munn's. Where is that?-In the new town of Glasgow. I could not name the street.

Who were present at that meeting ?-There were these individuals, Gibson, Dickson, and McKinley.

What time did you go there?-Half-past nine o'clock, as near as I recollect. It might be twenty minutes from ten; but near that time. I think the 4th of January.

Who was preses at that meeting ?--I think he who was preses the night before.

Pate, you mean ?—Yes.

How long were you at that meeting?— About half an hour, I think.

What was done?-Some delegation was spoken of. M'Dowal Pate volunteered, I think, to go out to a place called Carmunnock, to see if some friends and acquaintances of his there would agree to form a society, similar to that then met, which commenced, I understood, the 1st of January.

Were any others present, than those who were present at the former meeting ?-Yes, many who were strangers to me. none initiated. That was the term generally used.

I saw

What do you mean by initiating?-Becoming members of the society, signifying their approbation of the bond.

Court.-What is your explanation of initiate? -Doing the same as I had acted myself upon the 1st of January, by holding up the right hand to that bond. That is what I understood by initiating.

You said, many of those others you did not know?—Yes. The room was pretty full, when I went in, not having room to sit.

Lord Hermand.-Not room to sit ?

Mr. Drummond.-Initiate was the common word for the purpose you explained?—I heard it used.

Court. Did you hear that word used at that meeting-No.

Mr. Drummond.-Did this man, Pate, sit at the head of the table? or where did he sit?He was standing, when I went in.

Had he any particular place as preses -I could not say whether the side or head of the table was to him.

How do you know he was preses?- He was addressed as such.

Was there any vice-president, or secretary? -None that I recollect of.

No other officer, with any duty to perform? None that evening, except the panel, who as collector received eighteen pence, which was over the reckoning.

Collector of what?-Collector to collect the reckoning, or for any thing that might

occur.

What was to be done with the money?— I could not say. It was for the reckoning; and the meeting allowed him to keep what was

over. 1

Court.-Was he called collector?-Yes. The 1st of January he was appointed. He, or the person who had the office, was to keep what was over, as some individual might be out of a sixpence, when he was called to pay the reckoning.

Lord Hermand.-How much had you to pay yourself?-I think sixteenpence. Upon the 4th-Yes.

Do you know whether any were present at that meeting who were not initiated ?—I do not know. I heard no remarks made.

Lord Justice Clerk. He said none were initiated at this meeting; but persons were present who were not at the meeting of the 1st of January.

Mr. Drummond.-Were you at any other meeting after that?-I believe I was at some other meeting. I do not remember particularly.

Robertson's, I think, in the Gallowgate,
Were you at a meeting at Robertson's ?—At

other?—I could not positively say.
How long was Robertson's meeting after the

A week?-A week or two; but I do not positively recollect.

1

Was M'Kinley there ?-I do not remember; but I think he was.

thing particular that was done. What was done?-I do not remember any

union?-I could not be so particular. I never Did M'Kinley keep a copy of the bond of saw him have it.

f

Did you ever hear him say he had it ?—I never heard him say so.

Who were in Robertson's?-A number of persons. John Campbell was there; and Dickson and James Hood were there; and a number of others, whose names I do not remember.

Was Simpson there ?-Never that I saw.
Was Finlayson there?—No.

Were you at the meeting at Hunter's?—Yes, upon the 22nd of February, when I was taken up; never before.

Before I have done with you, I wish to ask you to try to repeat, as far as your memory serves you, the way the bond was expressed. Begin. In connection, I could not repeat it. There were annual parliaments, equal representation. There were these words-hopes, fears, rewards, and punishments, were in it; and there was something about brotherhood of affection. I could not take it in connection. These words were in it.

Lord Hermand.-Were any false names assumed by any one?—Yes; one by Gibson, and one by M'Kinley.

What did he call himself?-Brotherstone, or some such name. Gibson did so too; he called himself M'Kinley.

John M'Lachlane cross-examined by
Mr. Jeffrey.

How many were at Munn's ?-I could not

say.

A hundred ?-No.

Twenty or thirty?—I could not say. Was it a large room the meeting occupied? -No.

Mr. Jeffrey.-I have no more questions. Lord Advocate.-Were the words, declare and swear, in the bond?-The word declare was in it. It was at the beginning.

There were the words Almighty God, and then the word declare after them; how did the words run?-I know declare, was immediately after Almighty God; but how the words were used, I do not know.

Did you understand you used the word declare ?—Yes; that it was in the bond.

Court-Do you recollect any thing of the word swear in it?—Not that I recollect of; but, the word declare, I recollect.

Explain in what way the preses directed the holding up the hands?-The word were: All who approve of the bond, as it now stands, will signify the same by holding up their right hand.

This was after it was read?—Yes, after it was read the third time.

Attend to this question. Am I to understand, that by your complying with this question, that was put by the preses, by holding up your hand, you mean to convey to us, that that was being initiated ?—Yes.

Do you recollect any thing more being said by the preses, either before or after he put that question about approval by the holding up of hands? No, except his part in general con

versation.

Am I to understand from you, that this proceeding, which took place at Leggat's was the only occasion when you saw this bond approved of, in the way you mention; or did you see it done at any other meeting?-At none of those meetings I was talking of.

Lord Hermand.-Did you ever see it done at any private meeting?

Counsel for the Panel.-That is not in the libel.

Mr. Drummond.—The gentlemen opposite have not attended to the indictment, in objecting to this question.

Lord Advocate.--Did you ever at any time see the question of approval put in the same way as at Leggat's?

[Objected to by Mr. Clerk.]

I never recollect it being put when the panel was present.

Lord Advocate.-I wish to ask the witness, whether he, at this moment, considers himself under the obligation of this bond of union ?— By no means.

Peter Gibson called.

Mr. Jeffrey. This man proposed to be adduced in evidence, is liable to convulsions and epileptic fits, which have so far weakened his memory, as to render him an unfit witness in such a case as the present. We can prove, by those who have known him from his infancy, that his evidence is not be relied upon.

Lord Advocate. The objection relates to epilepsy. It is quite common to men of the greatest talents. Julius Cæsar was liable to it. Buonaparte has been said to be liable to it, as well as another great military commander the Archduke Charles. Do our learned friends mean to say, that none of these personages could have given testimony in a court of justice? I apprehend this to be impossible. If so, your lordships cannot admit a proof of this allega tion in the terms in which it is made.

Mr. Jeffrey. It is in the knowledge of all mankind, that this disease impairs the faculties of the mind.

Lord Advocate.-Is it meant to aver that Gibson is non compos mentis

Mr. Clerk. We do not say he is an idiot; but we make an averment that he is subject to a well known disease, which weakens the intellects to an extraordinary degree. And suppose we should not be able to establish this fact to such an extent as to induce you not to receive his evidence at all, we may do it to such an extent as to satisfy your lordships and the jury, that the witness, if examinable, is yet entitled to very little credit or belief with a jury. Having said these few words, I need not trouble you with a long harangue, as I never heard such an objection opposed in limine.

Lord Advocate.—I merely wish to know what is asked to be proved, and I desire to see the allegation in writing upon the record.

John Clerk was called as a witness for the panel.

not describe the very way. I remember we all shaked hands.

Lord Advocate.-Till this moment I was not aware of this evidence. The witness is not in the list of witnesses furnished by the prisoner. I do not object on this account to his evidence, though I might do so; but he is not in the list sent me even last night.

[Witness sworn.]

Mr. Cockburn. What are you?-A cottonspinner, in the summons I received.

What are you?-Sometimes I am designated by that name, and sometimes by the name of 'merchant.

Do you know Peter Gibson ?-Yes, I do. Was he ever in your employment ?—Yes. Mr. Jeffrey. You know Peter Gibson?I do.

Do you know whether he is in a sound or an infirm state of health?-He was for several years in my employment previous to the month of March. I was told he is subject to a falling

sickness. I never saw him in it.

Have you occasion to know whether he is a person of entire understanding, or weak in his intellects?—I had occasion to give him orders in various things; and in any intercourse I had with him, we understood one another. He knew what was to be done or not.

Did you observe any defect in his understanding? What kind of matters had you to speak of to him?-In cotton mills there are many things of a mechanical nature to speak

about.

Did he appear to you to have the ordinary memory and understanding of other men?-I always received the same kind of answers from him as from any of the other servants.

Peter Gibson sworn.-Examined by
Mr. Drummond.

Court.-Being adduced here as a witness, you can now suffer in no respect on account of any share you may have had in the proceedings in question, and you will tell all that you remember of them.

Witness.-I shall not tell what I do not remember.

Mr. Drummond.-Do you know this man? -I do.

What is his name?—Andrew M'Kinley. Do you remember seeing him in Hugh Dickson's, in December last ?—Yes.

Do you remember what other persons were at that meeting?-There were so many of them, and some I did not know.

Mention any of the names?-Hugh Dickson, John Campbell, John M'Lachlane, and I. About how many might there be altogether at the meeting?—I think there might be about

ten.

Was there any thing of the nature of an oath, obligation, or promise, at that meeting? -A promise of secrecy by shake of the hand. Do not be too fast with me. I should wish so. Can you describe to us how that promise of secrecy by shake of hand was done?-I canVOL. XXXIII,

Mr. Drummond.-Was there any thing in the shape of oath, promise, or obligation, at that meeting?-As I had got spirits before going there, and while there, I do not recollect what was said or done, at the meeting of the first of January. I dare not say any thing concerning it. I am not very sure.

Do you mean to say you were so drunk that you could not remember?-I do not mean to There are different say that I was drunk. degrees in which persons may be the worse of liquor. I have seen some persons who cannot go, others who cannot speak, and some who can do both but do not afterwards recollect what happened in their presence.

Do you know what M'Kinley and the others did?-I remember coming home with them. We went into a public house at the Calton, where I fell asleep and continued so, I was told, for two hours.

Do you remember the approval of a bond or oath of union?—I do not remember. Do you swear you do not remember?—I

swear.

Do you say or swear you do not recollect any thing of an oath at that meeting?—I do not recollect any thing about it.

Do you recollect any thing about a bond of union at that meeting?—I saw one about the 2nd or 3rd of January.

Where?-In a man's hand in the Calton. Was there any thing of that kind at the meeting?-I don't recollect of it.

Was there a person of the name of M'Dowall Pate at that meeting ?-I was told he was.

Lord Advocate. After you did know him, did you recollect having seen him there?—I do

not remember.

-I do not remember of seeing M'Kinley there. I was out some time. I do not recollect him.

Was he there?-I say he was not there. Was Somerville there?-I do not recollect. Was Hood there?—Yes.

Lord Justice Clerk.-He has said M'Kinley was not there, at least as far as he recollects.

Lord Advocate.-We must ascertain how far his memory serves him, and whether he be consistent in his statements.-Was Somerville there? I wish to say nothing but what I recollect. I am not certain whether he was. I have a judge to answer at another day.

Was Hood there?-Yes, I say he was. I have not at all a good memory.

Hugh Dickson's house is off and on with your's?-A but and a ben; I am on the north end, and he is to the south of that in the middle.

You have said you were at a meeting in Hugh Dickson's part of the house, in which John Campbell and M'Kinley were present ?— I said so, and I say it yet.

I believe your statement is perfectly true, and you said there was a promise of secrecy. Was any paper produced and laid before the meeting? It might be the case, but I do not recollect.

Do you recollect of any paper being read in the form of an obligation of any sort?-No. Any thing of the nature of a bond ?—I never heard tell of a bond or any such thing.

Was a person of the name of Finlayson there? Yes, I think so.

Was M'Kinley there?-Yes.

I ask you upon your oath, whether an oath or obligation was administered to him there in presence of the panel at the bar?-I could say, and hold up my hand again, that there was no such thing, or I am very far mistaken, upon the 15th of February, in Roberston's.

Was there so any other day ?-I never saw that man administer an oath to Finlayson,

Lord Advocate.-I wish the witness's deposition to be taken down in writing.

The following was taken down in writing by the Clerk of Court.

"And upon the motion of the lord advocate, the said Peter Gibson being interrogated, if at the meeting at Robertson's, on the 15th day of February last, at which he admits he was present, and where he depones the panel and one Finlayson also were, any oath was adminstered by the panel to the said Finlayson

in his presence, depones, That there was none. Interrogated, if, upon the above occasion, any oath was administered to Finlayson by an other person in the presence of M'Kinley, the panel? Depones, That there was no oath administered to Finlayson, or any person else at Robertson's on the 15th of February last. Interrogated, if any oath was administered by M'Kinley, or any body else in M'Kinley's presence, either to Finlayson or any body else, or any other day in the month of February last, at Robertson's? Depones, That he was present at a meeting at Robertson's on the 18th of February last, along with the panel M'Kinley and Finlayson, when he thinks there was an obligation taken; but whether it was more than a promise, or amounting to an oath, he does not recollect. Depones, That at the meeting at Leggat's on the 1st of January last, which was the only one he ever was present at in that house, he was in liquor, and if he took any obligation or oath there, he does not know of it, nor does he know of any other body having taking any there. Depones, That he never read any oath from a paper, because he cannot read writing; and all which he depones to be truth, as he shall answer to God."

Who took the promise on the 18th of February?-All present.

Was there any writing?—No.
Was it read?—No.

Was it repeated?—I am not very certain.

What do you think?—I did not see those present take this obligation, and do not know whether it was any more than a promise.

How was it taken?-I think it was repeated. I do not recollect who repeated it. Was it M'Kinley ?-I do not recollect whether he or not.

You have said there was something of the nature of a promise. What did they promise to do? There was a secret committee chosen to do nothing unknown to the central meeting. They bound themselves to do nothing but what was to be made known to the central meeting.

Lord Hermand.-Is that all you recollect?-That is all I recollect.

Lord Advocate.-Did you at any time, at any meeting at Robertson's, at Hugh Dickson's, at Leggat's, in the months of January or February, see any other oath taken than that you have now mentioned, in presence of the panel?-In Hugh Dickson's, there was a promise by shake of hand. On the first of January I do not remember what was said. And in Robertson's, on the 15th, there was no obligation at all.

I ask whether at any time of these two months, you heard any obligation taken?-I

do not remember seeing more than what I have told you of.

Did you take any yourself when M'Kinley was present?-No. Mind, I said I do not remember what passed on the 1st of January. When sober, at any time, did you take an oath, or any obligation, when the prisoner was present?-No.

In the month of December, was there any other promise?-No.

In the house of Leggat, in December, was any other taken ?-I never was there any other time. I can say no more.

Mr. Drummond.-Had you any other symptom of intoxication, than want of recollection?

Lord Advocate.-I want to know, whether you administered an oath, or read any thing in the nature of an obligation, at any of the houses or times mentioned, or tried to read any?—I never read one in my life, nor tried, for I cannot, which is a very good reason.

You limit your answer by saying, you did not see an oath administered, or did not read an oath? Did any person read it to you ?—No person.

Was any oath repeated then?-There was never an oath repeated than what I have told you, up in Dickson's, on the 18th of February. [The Counsel for the panel put no questions to this witness.]

Jury. In consequence of what took place on the 18th, or at any other time, do you conceive yourself under an obligation to conceal the truth? In consequence of that promise, or oath, whether more solemn or not than you describe it, do you hold yourself at all influenced?-Not in the least. I gave up all that this present month.

James Finlayson sworn-Examined by
Mr. Drummond.

Do you remember being at a meeting, in February, at Robertson's, in the Gallowgate?

-Yes.

Were you at more than one?-I do not remember the dates. I was at two, at that man Robertson's.

At what date was the first?-Upon a Saturday..

What time of the year? The month of February?—I think it was February; a week before I was taken up.

How many were present at that meeting?— At the first?

do.

Lord Advocate.-Do you remember whether there were any oaths administered ?-Yes, I Recite them, and let us hear them if you can? I have heard two. There was none at the first meeting.

that you remember?-I never heard what the Mr. Drummond.-Was anything more done, select committee was to do.

by way of oaths?-Members brought money. Was any thing more done at that meeting,

What was done with the money?—It was given to the treasurer.

Who was treasurer?-Hugh Cochrane. He was there.

Those present brought money?-Some of them. I did not see all of them.

Do you remember anything more?-There was a good deal said, but I do not remember it all. The most of the time was taken up in electing that committee.

Was the prisoner at the next meeting, on a Tuesday?—Yes.

Was any oath administered or taken at the next meeting?-Yes.

What took place at that meeting?—An oath was dictated to me, and I wrote it.

What was the nature of this oath ?—I cannot

repeat it; the whole matter of it: we were not to tell anybody what was to be done; either the names of the select committee, or anything they should do, for that select committee was not elected openly, but by ballot.

Was Gibson present when that oath was administered or taken ?-Yes.

What was done with the oath ?-I read it out.

All of the rest repeated it after you?—They all stood round the table, and I heard their voices repeating it after me.

You administered it to the rest?—I could not tell whether all did repeat after me.

Did Gibson?-I do not know; one or two may not have followed me, and I may not have

noticed it.

Was Gibson present at the time?—Yes. Was he one of those standing round the table? Yes.

Lord Advocate.-Do you know if any other oath was taken there then, or in any other houses, in the month of January ?—Not in that

No other in that house?-No.