Robert Smith, wright in Edinburgh, sometime foreman to Mr. Brodie, called in and sworn.

Examined by Mr. Hay — Do you know that a spring-saw is a proper instrument for cutting off the natural spurs of game-cocks, in order to adopt artificial ones?

Robert Smith — I do.

Mr. Hay — Did you ever see Mr. Brodie using a small spring-saw for that purpose?

Robert Smith — Frequently.

Mr. Hay — Is a spring-saw a usual and necessary implement for all wrights and joiners, as well as smiths?

Robert Smith — I have one myself, which I use for cutting off brass knobs and several other purposes.

Mr. Hay—Are old keys and pick-locks usual and necessary implements for wrights and smiths?

Robert Smith — They are.

Mr. Hay — Do you know that a box of old keys was always lying open in the corner of Mr. Brodie’s workshop, to which you and the other men had access?

Robert Smith — There was; and when a key of any of our customers was either broke or spoiled, we could often fit the lock from some of these keys. [Here the witness was shown the keys libelled on.] I never remember to have seen any keys of that kind before.

[Here it was proposed to show the witness a pick-lock, and to ask him whether or not joiners or cabinetmakers kept such an instrument, when the Lord Advocate admitted that it was not uncommon for a cabinetmaker to keep such articles as the above. There were several witnesses cited by Mr. Brodie to prove this fact.]

The exculpatory proof being closed a few minutes after one o’clock of the morning of the 28th day of August, the Lord Advocate then proceeded to address the jury.