FIRST INDICTMENT

John Norval, William Renwick, and James Miller, present prisoners in the Tolbooth of Glasgow and Patrick or Peter Quigly and Mary O’Hara, wife of the said Patrick or Peter Quigly also prisoners in the Tolbooth of Glasgow

You are Indicted and Accused at the instance of Archibald Colquhoun of Killermont, His Majesty’s Advocate for His Majesty’s Interest;

That albeit, by the laws of this and of every other well governed Realm, Theft, also theft, when committed by opening lock fast places as also Reset of Theft are Crimes of an heinous nature and severly (sic) punishable; yet true it is and of verity

That you the said John Norval, William Renwick, and James Miller, and Patrick or Peter Quigly, and Mary O’Hara, are all and each, or one or other of you guilty of the said crimes, aggravated as aforesaid, or one or other of them, actors, or actor, or art and part; In so far as, on the evening of Thursday the first day of February one thousand eight hundred and sixteen, or on one or other of the days or nights of that month, or on one or other of the days or nights of the month of January preceding, or of March following, you the said John Norval, William Renwick and James Miller, together with John Smith present prisoner in the Tolbooth of Glasgow, your accomplice, did, all and each, or one or other of you wickedly and feloniously force a pane of glass out of the front window of the shop occupied by James Drummond and Company Scotch Cloth Merchants on the East side of the High Street of Glasgow and County of Lanark, and did wickedly and feloniously steal from within the said window two webs of tartan each web containing sixty three yards, or thereby, a piece of scarlet flannel, a piece of green durant, a piece of red and white checked gingham, and several other pieces of ginghams, of the value in whole of Twenty pounds Sterling, or thereby, all of which were the property, or in the lawful possession of the said James Drummond and Company at the time, and you the said John Norval, William Renwick, and James Miller assisted by the said John Smith, did, all and each, or one or other of you, immediately thereafter carry the said goods to the house of the said Patrick or Peter Quigly, and Mary O’Hara did, within your said dwelling house in Littledowhill of Glasgow County as aforesaid, both and each, or one or other of you, wickedly and feloniously Reset the said goods, or part thereof, knowing the same to have been stolen.

Further, you the said John Norval, William Renwick, and James Miller, together with the said John Smith, your accomplice, on the foresaid evening of the first of February one thousand eight hundred and sixteen, or on some one or other of the days or nights libelled having gone into the Eating house kept by Mary Jamieson, wife of James Gow, now or lately waiter at the Saracen’s head Inn Paisley and which house is situate in Argyle Street of Glasgow and County aforesaid, did, then and there, all and each, or one or other of you open a locked drawer in a room in said house, by forcing the lock thereof, or by some other means to the Prosecutor unknown and you did theftuously and feloniously abstract there: from a half sheet and a shirt the property of the said Mary Jamieson and of the said James Gow her husband; and you did at some time all and each, or one or other of you theftuously and feloniously abstract and carry away from said apartment a hat belonging to John Newton now or lately of the Theatre Royal Glasgow, and you the said John Norval, William Renwick and James Miller, assisted by the said John Smith, your accomplice, carried the said half sheet and new hat to the house of the said, and Mary O’Hara, and you the said Patrick or Peter Quigly, and Mary O’Hara did time aforesaid, and within your dwelling house situate as aforesaid both and each, or one or other of you wickedly and feloniously Reset the same, knowing them to be stolen;

and you the said John Norval having been apprehended and carried before Robert Jamieson esquire, one of the magistrates of Glasgow, did, in his presence, at Glasgow, the fifth day of February one thousand eight hundred and sixteen emit and sign a declaration; and you the said William Renwick having been apprehended and carried before the said Robert Jamieson esquire, did, in his presence, at Glasgow, the fifth day of February one thousand eight hundred and sixteen emit and sign a declaration; and you the said James Miller having been apprehended and carried before the said Robert Jamieson esquire, did, in his presence, at Glasgow, the sixth day of February one thousand eight hundred and sixteen emit a declaration which is signed by the said Robert Jamieson you having declared that you could not write; and you the said Patrick or Peter Quigly having been apprehended and carried before the said Robert Jamieson esquire, did, in his presence, at Glasgow, the fifth and seventh days of February one thousand eight hundred and sixteen emit and sign two separate declarations; and you the said Mary O’Hara having been apprehended and carried before the said Robert Jamieson esquire, did, in his presence, at Glasgow, the third and seventh days of February one thousand eight hundred and sixteen emit two separate declarations, which two declarations are signed by the said Robert Jamieson you having declared that you cannot not write. All which declarations, together with a small piece of red and white checked gingham, a piece of small buff checked gingham and a piece of red and white checked gingham having labels attached to each of them signed by the initials of the said James Drummond and others, also the half sheet and shirt libelled, having a label attached to each of them, signed by the said Mary Jamieson and others being all to be used in evidence against you respectively at your Trial shall be lodged in due time in the hands of the Clerk of the Circuit Court of Justiciary before which you are to be tried that you may have an opportunity of seeing the same.

At least, time aforesaid a pane of glass in the window of the shop possessed by James Drummond and Company Scotch Cloth Merchants in the High Street of Glasgow was wickedly and feloniously forced out and two webs of tartan and the other goods above libelled were theftuously and feloniously abstracted therefrom and carried off, and said goods were immediately thereafter carried to a house in Littledowhill of Glasgow, and were then and there resetted by a person or persons knowing the same to be stolen. And further, a chest of drawers in the Eating house occupied by the said Mary Jamieson and situate in Argyle Street as aforesaid was wickedly and feloniously broke open in manner above libelled, and a half sheet and shirt, the property of the said Mary Jamieson, or of the said James Gow her husband were wickedly and feloniously stolen therefrom, and there was at same time stolen from the said apartment a new hat the property of the said John Newton, and said half sheet and hat were immediately thereafter carried to the house in Littledowhill aforesaid and were then and there resetted by a person or persons knowing the same to have been stolen; you the said John Norval, William Renwick, and James Miller, are all and each, or one or other of you guilty of the two foresaid acts of theft; and you the said Patrick or Peter Quigly, and Mary O’Hara, are both and each, or one or other of you guilty of the said acts of reset, actors, or actor, or art and part.

All which, or part thereof being found proven by the verdict of an assize before The Lord Justice General, the Lord Justice Clerk and Lords Commissioners of Justiciary, in a Circuit Court of Justiciary to be holden by them or any one or more of their number, within the Burgh of Glasgow in the month in the month of April in this present year one thousand eight hundred and sixteen you the said John Norval, William Renwick, James Miller, Patrick or Peter Quigly, and Mary O’Hara ought to be punished with the pains of law to deter others from committing the like crimes in all time coming.

(signed) Andrew Clephane AD

This signature is to be found at the foot of every page of the indictment.

LIST OF WITNESSES

1.      James Drummond managing partner of the concern of James Drummond and Company Scotch Cloth Merchants in Glasgow

2.      Alexander Drummond now or lately shopman to the said James Drummond and Company

3.      Neil McLean, now or lately apprentice to the said James Drummond and Company

4.      Mary Jamieson or Gow, keeper of an Eating house and publican in Argyle Street of Glasgow, wife of James Gow, now or lately waiter in      the Saracen’s Head Inn Paisley

5.      Mary Gow, daughter of the said Mary Jamieson and James Gow

6.      John Newton, comedian, now or lately of the Theatre Royal, Glasgow

7.      James Edmond, one of the officers of the Criminal Court of Glasgow

8.      Hugh Ross, also one of the officers of said Court

9.      Alexander Calder, City officer of Glasgow

10.    James Bain Police officer in Glasgow

11.   James Gilmour, son of David Gilmour, baker in Gallowgate Street of Glasgow

12.   Agnes Thorburn, widow of Archibald Davidson, Tanner in Glasgow, residing in Littledowhill of Glasgow

13.   Helen Morrison, Dressmaker, residing in Littledowhill of Glasgow

14.   Robert Brown, Horse dealer in Glasgow, and late Master of the Horse Patrole there

15.   John Smith, present prisoner in the Tolbooth of Glasgow

16.   Robert Jamieson esquire one of the Magistrates of Glasgow

17.   Mr Richard Henderson one of the Town Clerks of Glasgow

18.   Andrew Simson, Clerk to the said Richard Henderson

19.   William Davie, writer in Glasgow

20.   Randle Hurley, one of the officers of the Criminal Court of Glasgow

(signed) Andrew Clephane AD