SECOND INDICTMENT

ROBERT MACKINLAY, alias walter jamieson, and John Norval, 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 present 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, as also Reset of Theft, are Crimes of an heinous nature and severely punishable; yet true it is and of verity,

That you the said Robert MacKinlay alias Walter Jamieson, John Norval, Patrick or Peter Quigly, and Mary O’Hara, are all and each, or one or other of you guilty of the said crimes, or one or other of them, actors, or actor, or art and part: In so far as, you the said Robert MacKinlay alias Walter Jamieson and John Norval, on the evening of Thursday the eleventh day of January one thousand eight hundred and sixteen or on one or other of the days or nights of that month, or of December preceding, or of February following, did, wickedly and feloniously, remove a pane of glass from a window in the shop possessed by William Ralston Broker in Salt Market street of Glasgow and did both and each, or one or other of you then and there wickedly and feloniously steal from within the window of said shop three gold Seals, four gold Rings, a gold broch, seven gilt seals and six silver watches, the makers name of one of which was, B. Thomson Dublin No 9255, the maker's name of another E. Edmond Liverpool No 1080 and the makers name of a third was R. De Coverly London No 8388, the maker's names and numbers of the other three being to the Prosecutor unknown, and you the said Robert MacKinlay alias Walter Jamieson and John Norval did immediately carry the said six watches, and the seven gilt seals aforesaid to the house of the said Patrick or Peter Quigly situate in Little dow hill of Glasgow, and you the said Patrick or Peter Quigly and Mary O’Hara did then and there both and each, or one or other of you Reset the same, knowing them to have been stolen

and you the said Robert MacKinlay alias Walter Jamieson 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 a declaration which is signed by the said Robert Jamieson you having declared that you cannot write and you the said John Norval having been apprehended and carried before the said Robert Jamieson esquire, did, in his presence, at Glasgow, the tenth day of February one thousand eight hundred and sixteen emit and sign a declaration; which declarations, together with the said six silver watches and the seven gilt seals as libelled, being to be used in evidence against you and each of you respectively at your trial, will, be lodged in due time, for that purpose, 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 William Ralston broker in Salt Market street of Glasgow was wickedly and feloniously removed and the articles above libelled were wickedly and feloniously stolen and carried off from within the said window, and the foresaid six silver watches and seven gilt seals libelled were afterwards carried to the house of the said Patrick or Peter Quigly, situate as aforesaid and were then and there wickedly and feloniously resetted by a person or persons knowing the same to have been stolen; and you the said Robert MacKinlay alias Walter Jamieson and John Norval are both and each, or one or other of you guilty of the said act of theft, 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 Robert MacKinlay alias Walter Jamieson, John Norval, 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 Edmond, one of the officers of the Criminal Court of Glasgow

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

3.       William Ralston, Broker in Salt Market street of Glasgow

4.       Sarah Mount, servant or late servant to the said William Ralston

5.       Elizabeth Mackenzie, wife of Alexander Ross, soldier in the 42nd Regiment of foot, now or lately residing in Cross Boys Close Salt market street of Glasgow [gone to the Regt in Edbrgh barrks]

6.       Hugh MacCusker, Broker in Bridgegate Street of Glasgow

7.       Esther Daroch or McGuire present prisoner in the Tolbooth of Glasgow

8.       Catharine O'Hara now or lately residing with Patrick or Peter Quigly in Little dow hill of Glasgow

9.       Robert Jamieson, esqr, one of the Magistrates of Glasgow

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

11.    Andrew Simson, Clerk to the said Richard Henderson

12.    James Gardner Keeper of the Jail of Glasgow

(signed) Andrew Clephane AD