Like the American or British legal systems, Scotland's judicial system required lists of witnesses be turned into the courts before the beginning of proceedings. Below are lists for both the prosecution and defense in the trial of Deacon Brodie and George Smith. Not all witnesses were called to the stand during the trial. This is not necessarily unusual as witnesses sometimes may not be able to testify or are simply not called to the stand. If a witness was called to the stand, a link is provided for his or her testimony.

1. John Brown alias Humphry Moore, sometime residing in Edinburgh, present prisoner in the Tolbooth of Canongate of Edinburgh.

2. Andrew Ainslie, sometime shoemaker, present prisoner in the Tolbooth of Canongate of Edinburgh.

3. Mary Hubbart or Hubburt, spouse of the said George Smith.

4. Grahame Campbell, sometime servant to the said George Smith.

5. Alexander Thomson, accountant of Excise in Edinburgh.

6. Peter MacFarlane, clerk in the office of the cashier of Excise there.

7. Adam Pearson, assistant secretary of Excise in Edinburgh.

8. Janet Baxter, servant to the said Adam Pearson.

9. William MacKay, porter in the Canongate of Edinburgh.

10. John Duncan, doorkeeper to the Excise Office, Edinburgh.

11. Laurence Dundas, housekeeper of the said Excise Office.

12. Margaret Black, late servant to the said Laurence Dundas.

13. Margaret Bain, late servant to the said Laurence Dundas.

14. James Bonar, deputy-solicitor of the Excise, Edinburgh.

15. Robert Smith, wright in Edinburgh, late foreman to the said William Brodie.

16. Isobel Gilmour, spouse of John Gilmour, ropemaker in West Bow, Edinburgh.

17. Daniel MacLean, waiter to William Drysdale, innkeeper in the New Town of Edinburgh.

18. Patrick Taylor, smith in Edinburgh.

19. Charles MacLeod, apprentice to the said Patrick Taylor.

20. Jacobina Pearson, spouse of Hugh Macpherson, shoemaker in Duddingston, near Edinburgh.

21. John Kinnear, servant to the Earl of Abercorn at Duddingston.

22. Robert Tait, servant to the Earl of Abercorn there.

23. Isobel Wilson, spouse of Adam Robertson, wright in Duddingston.

24. John Clerk, book-keeper to William Drysdale, innkeeper in the New Town of Edinburgh.

25. David Robertson, merchant in Edinburgh.

26. John Geddes, tobacconist in Mid-Calder and county of Edinburgh.

27. Margaret Tweddle alias Geddes, spouse to the said John Geddes.

28. James Laing, writer in Edinburgh.

29. John MacLeish, clerk to Mr. Hugh Buchan, City Chamberlain of Edinburgh.

30. George Williamson, messenger-at-arms in Edinburgh.

31. William Middleton, indweller in Edinburgh.

32. James Murray, sheriff-officer there.

33. Alexander Williamson, sheriff-officer there.

34. James Fraser, sheriff-officer there.

35. Archibald Cockburn, Esq., Sheriff-depute of the county of Edinburgh.

36. John Stewart, Sheriff-Substitute of the said county.

37. William Scott, Procurator-Fiscal of the county of Edinburgh.

38. William Augustus Wishart, clerk to the said William Scott.

39. Joseph Mack, writer in the Sheriff-Clerk’s Office, Edinburgh.

40. Alexander Fraser, grocer and change-keeper in the New Town, Edinburgh.

41. Laurence Blair, servant to Mr. Charles Hope, advocate.

42. Thomas Longlands, solicitor-at-law in London.