THIRD INDICTMENT

William Campbell, alias Barber 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, more especially when committed by a person who is habite and Repute a thief. 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 William Campbell, alias Barber, James Miller, 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, aggravated as aforesaid actors, or actor, or art and part;

In so far as, on the evening of Monday the twenty second day of January one thousand eight hundred and sixteen, or on one or other of the days or nights of that month, or December preceding, or of February following, you the said William Campbell, alias Barber and James Miller, accompanied by John Smith present prisoner in the Tolbooth of Glasgow your accomplice, did, both and each, or one or other of you wickedly and feloniously enter by the front door and unperceived by the family, the Dwelling house of Dundas P spirit dealer in Glasgow situate in Maxwell Street of Glasgow and County of Lanark, and did then and there both and each or one or other of you wickedly and feloniously steal and carry away from the Lobby of the said house a Blue Cloth Great Coat and Cotton handkerchief in one of the pockets thereof, the property of Alexander Brown manufacturer in Glasgow who lodged in the said house, and from an apartment in the said house you did time aforesaid both and each or one and other of you theftuously and feloniously abstract and carry off four pieces of bed curtains a Scotch half blanket and an English half blanket, the property, or in the lawful possession of the said Dundas Paterson at the time, and you the said William Campbell, alias Barber and James Miller assisted by the said John Smith, did, both and each, or one or other of you, immediately thereafter carry the said bed curtains and said two half blankets to the house of the said Patrick or Peter Quigly, and Mary O’Hara did, situate in Littledowhill of Glasgow and County of Lanark. 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, wickedly and feloniously Reset the same, knowing them to have been stolen; and the said William Campbell, alias Barber, is habite and Repute a Thief, and has been convicted of theft: And the said William Campbell having been apprehended and carried before Robert Jamieson esquire, one of the magistrates of Glasgow, did, in his presence, at Glasgow, the eighth day of February one thousand eight hundred and sixteen emit a declaration which is signed by the said Robert Jamieson; and you the said William Renwick having been apprehended and carried before the said Robert Jamieson esquire, you having declared that you could not write.

And you the said James Miller having been apprehended and carried before William Muir Esquire one of the magistrates of Glasgow did, in his presence, at Glasgow, the ninth day of February one thousand eight hundred and sixteen emit a declaration which is signed by the said William Muir you having declared that you cannot 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, both of which are signed by the said Robert Jamieson you having declared that you cannot write. All which declarations, together with a Blue Cloth Great Coat, and cotton handkerchief having a sealed label attached to each of them signed by Mrs Paterson and others. Also an extract of a Sentence against you the said William Campbell alias Barber dated tenth of February one thousand eight hundred and fourteen by one of the Magistrates of Glasgow, being to be used as 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 Justiciary, before which you are to be tried that you may have an opportunity of seeing the same.

At least, time aforesaid the dwelling house of the said Dundas Paterson situate in Maxwell Street as aforesaid was wickedly and feloniously entered as above libelled and a blue Great Coat and a cotton handkerchief in one of the pockets thereof , the property of the said Alexander Brown were theftuously and feloniously abstracted and carried off from the lobby of the said house, and four pieces of bed curtains and a Scotch half blanket and an English half blanket the property of the said Dundas Paterson or in his lawful possession said goods were theftuously and feloniously abstracted and carried off from an apartment in said house, and said bed curtains and blankets were afterwards wickedly and feloniously resetted by a person or persons knowing the same to have been stolen; and you the said, William Campbell alias Barber and James Miller, are guilty of the foresaid act of theft actors, or actor, or art and part; and you the said, William Campbell alias Barber are habite and repute a thief and have been convicted 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 act of reset of theft, libelled 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 of April in this present year one thousand eight hundred and sixteen you the said, William Campbell alias Barber, 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.       Agnes Ross, now or lately servant to Dundas Paterson Spirit dealer residing in Maxwell Street Glasgow

2.       Mrs Elizabeth Buchanan wife of the said Dundas Paterson

3.       Alexander Brown Manufacturer in Glasgow now or lately residing with the said Dundas Paterson in Maxwell  Street

4.       Mary Anderson daughter of Thomas Anderson wright in Mudies Court Argyle Street Glasgow

5.       Matthew Paterson Taylor in Glasgow

6.       James Edmond one of the officers of the Criminal Court of Glasgow

7.       Hugh Ross one of the officers of the said Court

8.       Alexander Calder City officer in Glasgow

9.       James Bain Police officer in Glasgow

10.    William Brebner Keeper of the Bridewell of Glasgow

11.    James Taylor weaver and broker now or lately residing in Well Street Calton of Glasgow

12.    Daniel McIntosh weaver now or lately residing in the Calton of Glasgow

13.    Jane Marsden wife of Archibald Buchanan lately print cutter now or lately residing in Camlachie of Glasgow

14.    Robert Jamieson esquire one of the Magistrates of Glasgow

15.    William Muir esquire one of the Magistrates of Glasgow

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

17.    Andrew Simson Clerk to the said Richard Henderson

18.    John Stewart Writer in Glasgow

19.    William Davie Writer there

20.    John Smith present prisoner in the Tolbooth of Glasgow

(signed) Andrew Clephane AD