William Scott, Procurator-Fiscal of the county of Edinburgh, called in and sworn.

Examined by Mr. Murray — Mr. Scott, you know the prisoners at the bar? Were you present when they emitted certain declarations before the Sheriff-depute of Edinburgh and his substitute?

William Scott — I was.

Mr. Murray—Look at these declarations, and tell the Court and the gentlemen of the jury if they were emitted in your presence by the panel, George Smith, freely and voluntarily.

William Scott — They were; and the prisoner appeared to me at the time cool and recollected.

Mr. Murray—Look at this declaration. Was it emitted in your presence by the other panel, William Brodie, freely and voluntarily, and he was cool and recollected?

William Scott — It was emitted in my presence freely and voluntarily, and he was cool and recollected.

Mr. Murray — Do you know anything concerning a warrant that was applied for against William Brodie in the month of March last? If you do, tell the Court and the gentlemen of the jury what happened in consequence of it?

William Scott — Upon the afternoon of Monday, the 10th of March last, I, as Procurator-Fiscal, gave in a petition in my own name to the Sheriff of Edinburgh, charging Mr. Brodie with breaking into the Excise Office, and praying for a warrant to apprehend him. A warrant was accordingly granted, and search diligently made for him that night, but he was not found, and I afterwards learned that he had gone off for London on the day preceding.

Cross-examined by Mr. John Clerk, for George Smith — Mr. Scott, you say you were present when George Smith emitted the declarations which have been shown you; did Smith, in the course of his different examinations, say anything more than is contained in these declarations?

William Scott — I do not think he did; everything material was taken down. No compulsion or undue means was used to induce the prisoners to sign these declarations.