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Kay's Originals Vol. 2

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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.
Volume 9 Page 483
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