364 BIOGRAPHICAL SKETCHES.
in many particulars. When William Gibbons, the pugilist, appeared in
the witnesses’ box, he was asked by Counsel-“ Mr. Gibbons, do you know
James Moffat, the pursuer in this suit 4” “NO ; I do not know any person
of that name.” Mackcoull, who was among the crowd, on being called, came
forward in a slounging manner. (Gibbons
to Mackcoull, in a loud whisper), “ Jem, hold up your head, I can’t see
you,” Mackcoull looked up. Witness-“ Yes, this is Jem Mackcoull ; I
never knowed him by any other name.” Gibbons related the circumstance of
Mackcoull having deposited with him a parcel of Scotch notes, amounting to
upwards of 313,000. At the conclusion of the trial, the evidence which had
been adduced appeared so conclusive, that the jury retired only for twenty
minutes, when they returned, finding for the bank in all the three issues.
By this verdict the tables were most, unexpectedly turned, and Mackcoull,
from being a p w w r , was in his turn pursued : for the Lord Advocate thought
it his duty to serve him with an indictment to stand trial before the High Court
of Justiciary on the 12th of June. His trial was postponed till the 19th of
the month, when the Court of Justiciary, as the Jury Court had been, was
much crowded. All the witnesses who appeared on the jury trial were again
cited, with the addition of Mr. Sayer and the prisoner’s wife, who proved the
restitution of the 311,941 odds, in 1811.
Mackcoull’s brother and other friends in London, endeavoured by every
means to prevent the principal witnesses from attending at the trial. Gibbons,
in spite of promises and threats, came boldly forward ; but Scoltock was so
wrought upon that he had resolved to absent himself. After a great deal of
trouble, he was discovered, very much disguised, and conveyed to Edinburgh
by express, where he arrived just in the nick of time. Mackcoull, calculating
on his absence, flattered himself with the hope of acquittal. He was consequently
equally surprised and disheartened when Scoltock entered the witnesses’
box He had previously been apparently in good spirits; but towards the
close of the trial he often looked round with a vacant stare, muttering to himself.
When the jury returned a verdict of guilty, he gave a malignant grin ;
but stood up with firmness on receiving sentence to be hanged, and bowed
respectfully to the Court.
Overwhelmed
with despair, he said to the Governor, with much emotion, “ Had not
the eye of God been upon me, such a connected chain of evidence never could
have been brought forward.” The prisoner was not long in jail till his usual
flow of spirits returned, and he talked with much cheerfulness to all who came to
visit him, indulging in his metaphors with the utmost pleasantry.
Mr. Denovan, who strongly suspected Mackcoull to have been the murderer
of Begbie (and who drew up an interesting narrative on the subject), happening
to be in Edinburgh, called at the prison, with the view of putting a question
or two to him. The result tended greatly to strengthen the belief in his
guilt. Fairly thrown off his guard, by the artful conversation of his visitor,
‘‘ Witness, do you know that man V’
On being carried back to prison, his fortitude entirely failed him.