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Kay's Originals Vol. 2

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362 BIOGRAPHICAL SKETCHES. bank, unable to prove that the money with which he purchased the bills was part of the amount stolen from them in 1811, insisted, as a last resource, that Mackcoull should be subjected to a judiciub examinutim. This not very usual course was opposed ; but at length, finding it impossible to resist the Court, he made a virtue of necessity, and latterly submitted to the proposed examination. On the day appointed-the 4th of March 1819-the Outer House was crowded to excess, the cause having excited great interest. Attended by his counse1,l the pursuer appeared in due time; and throughout the whole of his long examination, which lasted for several days, he conducted himself with the greatest sang fioid-objecting to this and the other question ; and when his replies were occasionally so absurd and improbable as to elicit a laugh, he never failed to join in it. The examination havinz closed on the 11th of the month, without producing anything tending seriously to criminate him, Mackcoull instantly repaired to London, to consult his brother John, who had throughout been a useful adviser, and who was now in more request than ever, to furnish him with one or two fictitious letters, necessary to strengthen his averments in the Court, and which he had been ordered to produce. At the end of every session, Mackcoull repaired regularly to London, and used to be seen almost every night at Elakeman’s, where he sat the whole evening, drinking half and half, smoking his pipe, and entertaining the vulgar company around him with metuphom (as he called his jokes), and caricature descriptions of Scottish judges and lawyers-against all of whom he was violent in his denunciations.’ On his last visit, feeling assured of success, he was in great good-humour, and treated his friends with the utmost liberality. Having arranged matters to his liking, he again returned to Edinburgh : and, perfectly confident of victory, pressed his agent to bring the matter to an issue before the Jury Court. On the other hand, the defenders were as much disconcerted as he was elated. The only way in which they could possibly save themselves, was by recurring to the circnmstances connected with the robbery in 18 11, and producing evidence sufficient to identify Mackcoull as one of the party. This appeared a hopeless task ; yet they were resolved to attempt it. A professional gentleman was desptched to England, to make inquiry on the subject ; but he returned without success. In the meantime, the pursuer, aware of the intentions of his opponents, and knowing the precarious ground on which he stood, became the more importunate in forcing on the trial. This the bank was anxious to delay as long as possible, but at last it was finally fixed for the 20th February 1820. In this dilemma, the bank directors engaged Mr. Denovan (formerly of Leith, One of whom was Sir J. P. Grant, of Rothiemurchus, Knight, who afterwards received this honour on being appointed a Judge in India. In Edinburgh his time was spent much in the same way. He frequented a tavern in East Register Street, where he generally sat from morning till night drinking and smoking. He associated with all who came in his way ; and the subjects of his “metaphors” and denunciations were invariably Scotch bankers, bsilies, or lawyers. In this way he became well known to many ; and by some he wa.. looked upon a3 a person who had been ill used. Defeat appeared almost inevitable.
Volume 9 Page 481
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