John Geddes, tobacconist in Mid-Calder, called in and sworn.

Examined by the Solicitor-General — Were you lately in London? Do you know the prisoner? Tell the jury what you know about him?

John Geddes — I was in London in the month of March last, and my wife and I took our passage in the “Endeavour,” of Carron, Captain Dent, bound for Leith. We went on board on a Saturday, and the next day, Sunday, the vessel fell two or three miles down the river, and then we cast anchor at Blackwall. In the evening the master went on shore to get hands to man her, leaving me and my wife on board. About twelve at night a passenger, who appeared sickly, came on board, in company with Mr. Hamilton and Mr. Pinkerton, two of the owners of the vessel, and another gentleman I did not know. These gentlemen remained about half an hour, and then all went ashore, except the passenger, who remained on board. He was dressed in a blue great-coat, with a red collar, round wig, black vest, breeches, and boots. He was allotted a bed in the state-room, near the fire, as he was sick. The next morning the vessel set sail, but afterwards ran aground opposite to Tilbury Point, where she remained about eight or ten days, and we did not get clear of the Thames for a fortnight. During all that time the passenger remained on board, except one day that he, along with the master of the vessel and my wife and I, went on shore, and dined at a neighbouring village, and another day that he went ashore by himself to get a bottle of milk. For the first two or three days after the passenger came on board we called him “the gentleman,” as we did not know his name, but, upon my inquiring of him what his name was, he told me it was John Dixon.

The Solicitor-General — Would you know that person again?

John Geddes — I would.

The Solicitor-General —Look at the prisoners at the bar and say if you know either of them?

[Here the witness pointed out Mr. Brodie to be the same person that had called himself John Dixon.]—On getting out to sea Mr. Dixon delivered to the captain a letter from Mr. Hamilton or Mr. Pinkerton, but, although I desired him to let me read it, I did not see it. In consequence of this, the captain altered his course and steered for Holland, and the vessel, although bound for Leith, sailed to Flushing. I do not think she was driven there by contrary winds, as the wind was south-west, and fairer for Newcastle or Leith than for Holland. During the voyage, Mr. Dixon complained much of a sore throat. When we arrived at Flushing we cleaned ourselves and went ashore, and Mr. Dixon set off for Ostend in a skiff which he hired for that purpose. On shore, before he left, Mr. Dixon gave me a packet containing two letters, one of which had another within it, to carry to Scotland to be delivered in Edinburgh. One of the letters was directed to Mr. Michael Henderson, stabler in the Grassmarket, in which there was one inclosed to Mrs. Anne Grant, Cant’s Close, and the other to Mr. Matthew Sheriff, upholsterer in Edinburgh, signed and dated as mentioned in the indictment. We did no business at Flushing, and I am of opinion that the ship did not come there with that intention. After landing Mr. Dixon we sailed for Leith. When I arrived in Leith, from the accounts I heard about Brodie, I was convinced that Dixon and Brodie were the same person. Next day I went to Mid-Calder, and about three weeks afterwards was at Dalkeith, where I had occasion to see the newspapers, and the description of Brodie therein given confirmed me in the above suspicion. I then delivered the letters to Sheriff Cockburn. I had previously opened the packet and read them. [The witness was here shown the letters libelled on.] I know that these are the letters I received from the prisoner and delivered to the Sheriff.

The Solicitor-General —Did Brodie say that he had any business at Flushing?

John Geddes — He mentioned that he had business at Ostend, and Captain Dent said he was to wait till he returned, and that he supposed he belonged to the Carron Company; but when the wind came fair, Captain Dent said he would not wait for him, and the devil a bit of business he supposed he had.

Cross-examined by the Dean of Faculty—You have told us that you went ashore when you arrived at Flushing. Pray, sir, did you make any purchases there?

John Geddes — None, except a piece or two of nankeen for breeches to myself.

The Dean of Faculty — Did you purchase nothing else?

John Geddes — Nothing, except two or three handkerchiefs for my own use.

The Dean of Faculty — You will remember, sir, that you are upon your great oath, and that it is your duty to tell the whole truth.

Lord Hailes—My Lords, the witness should be informed that if he purchased any contraband goods he has nothing to fear from acknowledging that he did so.

The Lord Justice-Clerk—It is certainly very proper. [To witness]—John Geddes, if you made any purchases of contraband goods when you was at Flushing, it is your duty to inform the Court and the gentlemen of the jury that you did so, and you have nothing to fear from such an acknowledgment, because whatever you say here will be no evidence against you afterwards in the Court of Exchequer or elsewhere.

The Dean of Faculty — Did you purchase no lace, sir, when you was at Flushing?

John Geddes — A few yards.

The Dean of Faculty — Why, then, did you say that you purchased nothing except the nankeen and the handkerchiefs?

John Geddes — It was my wife and not me that purchased it.

The Dean of Faculty — Did you offer the lace for sale?

John Geddes — No; there is part of it about a cloak which my wife has here with her, and I believe part of it about her sister’s.

The Dean of Faculty — And what became of the rest of it? Remember, sir, you are upon your great oath.

John Geddes — That was it all, except a few yards I sold at Bathgate for twenty-two shillings.

The Dean of Faculty — Did you not say even now that you had offered none of it for sale?

John Geddes — I said that I offered none of it for sale in this place.

The Dean of Faculty — Did you purchase no tobacco in Flushing?

John Geddes — I did not, except a little for chewing.

The Dean of Faculty — Did you purchase any gin?

John Geddes — None, except a little for sea store.

The Dean of Faculty — Pray, sir, when did you open these letters you have told us of? Was it before or after you came to Leith?

John Geddes — It was after.

The Dean of Faculty — You told us, sir, that upon reading the newspapers you discovered that Dixon and Brodie were one and the same person. Pray, sir, when or where did you first read the newspapers?

John Geddes — At Dalkeith.

The Dean of Faculty — How long was that after your arrival?

John Geddes — Three weeks.

The Dean of Faculty — And pray, sir, what was the reason that in all that time you did not deliver these letters to the persons to whom they were directed?

John Geddes — I did not remember that I had such letters when I was in Edinburgh myself, and I afterwards wished my brother-in-law to deliver them.

The Dean of Faculty — Did you open the letters?

John Geddes — I did.

The Dean of Faculty — And what was your reason for doing so?

John Geddes — I opened them and delivered them to the Sheriff for the good of my country.

The Dean of Faculty — And would it not have been as much for the good of the country to have delivered them without opening them?

John Geddes — I just opened them, and that’s all; I can give no other reason.

The Dean of Faculty — Did you inform any person that you had such letters?

John Geddes — I did; I informed John Tweddle, my brother-in-law, who advised me to deliver them to the persons for whom they were intended. I afterwards showed them to a gentleman named Mr. Learmonth in Linlithgow, who wrote a letter by me to a gentleman of this place. By him I was carried to Mr. Erskine, but he would give me no advice, and therefore I returned home to Mid-Calder. That same evening, or early next morning, Mr. Scott, Procurator-Fiscal, and Mr. Williamson, messenger, called upon me, and I accompanied them to Edinburgh and delivered the letters to the Sheriff.

The Dean of Faculty — My Lords, as the witness has mentioned his having called upon me, I beg leave to state to the Court what passed upon the occasion. He was brought to my house by a gentleman, and he showed me the letters. I informed him that I was counsel for Mr. Brodie; that he himself knew best the directions that he had received from the person who committed these letters to his charge; and that I could give him no other advice than this, that he ought to do in the matter that which his own conscience should point out to him as most proper.

The Lord Justice-Clerk — That was a very proper advice, and was just what I would have expected from the Dean of Faculty.

The Lord Advocate — My Lords, you will have observed that there were three letters from the prisoner delivered up. It was only judged necessary to libel on two of them; but if the prisoner thinks that the other letter, or any of his other papers in my possession, will be of the least service to him in supporting his defence, I have no objection to produce them.