The Statesman.
London, England, 1823-09-24 00:00:00

CLIACUIT COURT OF JUSTICIAII.Y.—J4DIWIti
See-minim 1&

. .;

The Circuit Court of Jitsticiaey was opened here this
May, by Or Hoe. Lord Pura:ll4v.
Robt. Scott wet tried for the wilful murder of James
' Aitchison, cooper in tireenlaw, and Robert Mom, horse-
.4o4lor Uwe, upoa lies toad leading front Wasrlstone te-
' wards Oreentaw, when returning from Earlstoon Fair, ID
'ILE teen' St the 30th of June last. ,
The is .stated Ants ritespriseam did t" wttkonl.•'
neelicipesly. sod feloniously attack aidausault the deceased
James Aitchison, cooper in tireenlaw, and county of Bet-
wick., and the deceased Robert Sinus, horse dealer in
Ureenlmv aforesaid, and did, with a sheep stake or blvd- ,
goon, or stone, or some other lethal weapon, to the pro-
legator unknown, cruelly and barbarously inflict venom;
severe blows and wounds upon the persons of the said '
James Aitchison and Robert Simm, whereby the held
f and hiking of the said &then Simm were fractured and
broken, and the head of the said James. Aitchison was
severely wounded.; and did likewise, with a knife or other,
sharp instrument, to the prosecutor unknown, in a creel'
;sad bmberess Manner cat and slit the noses of thq mid
James Aitchison and Robert Simm, in consequence ef:l
'alt Which they were both and each, ,in
one or other' 10
them bereaved of life," &c.. '
1 The prisoner pleaded net guilty, and special defences
were also given in for him, containing a plea of self defence-1
Witnesses were then called •, the two first of whom pioved
that the deceased and the prisoner bad been. quarrelling on 1
.the road, and that the latter's lace
.was bleeding. .The,,
third witness, James Waltlie, deposed—l was at P.ailstoun
Fair on the 30th of Jane last, and on my road home over.,
took the prisoner between seven and eight o'clock in thel
evening. Broomfield and Stark were near hint, and so
'were Sumo and Aitchison. It was between Fans and Par-',
Yeshaugh. The prisoner told me that Simm and Aitchison
had abused hit*. Neither lkoonnield nor Stark-made, any
observation when lie said' so. I continued with the prisoner.
Aitchison, and Simm, for some time, and then went on with
Stark and Broomfield, who, however, left me on our ap-
proaching Fans. I observed Simm and Aitchison washiug
the prisoner's face at a well near Fans. bet saw, no more or
them till they came to my own house. which is situated
towards this cast endef the Nitiage. It was now near nine
o'clock. The prisonerordered me to take Simm into, cus-
tody, but I refused, telling him I neither had authority nor
saw any occasion for it, and advised them to go•boine good
friends. Simm and Aitchison did accordingly walk away,
after having shaken hands with use. When the prisoner
wanted Simm taken into custody, the latter said Ise was will-
ing to gobefore any person he chose.Simm and Aitchison were
out Of sight before the prisoner left my door. He then went a
few yards along the road, but returned with a bundle lie had
In his hand, and said he would thank me to keep it till he
called for it. He assigned no reason for leaving the bundle.
He bed about a mile to walk to his own house. On going
away after leaving the boodle, he took hold of the spar of a
gate, with intention, as I thought, of pulling it off, but he
did not succeed. After the prisoner was gone, I stood a
.good while upon the road In conversation with George
1.. oiner.
Mercer j in. Fans, wltolives.in a house opposite to
s
mine, and had come out when he saw the, man standiog
speaking at my door. But Mercer saying he heard some.
thing, 'and suspecting mischief, we proceeded east the
road with the lad. of the name of Boyd. Having gone
aboqt a quarter of a mile, we saw nothing, but heard a cry
in the direction of Henless. The cry was " Andrew no-
' bertson!" twice repeated, and some other words which I
1,. could make nO sense of. It was a calm evening. After
I laariag these cries I said to Gno. Mercer, " They hate got
110.te forward, we will wars again." o**az, WO, 1.144. to
ane we met Philjp. noir, and Merywrct9l4 isins that tome
'persons had had words upon the road, and as he was afraid
astraischief happening, he advieed him to push on and
pretnatits taking Om., Andrew Robertson re a attla*Pi
and, resides at Haulms. I,stw him betwaeß.t4a sa4 eleven
-o'clock (about an hoar and a half sifter the prisoner 1114
'left my house), and he told me that- one man bad bet
/ogled on the moor, and another was fast dying, and de
eossi
sired, me to callawistanwe end go east.lT. dial,. so, but site
mew had, by this tiqiebeen removed. to Lightfield. One,
theist was still living. Ind I asked himbis name, which b
liliewere.) *as Robert Simm, and that he came from Ott '
law. He said something more, bast I could' not make any
, toga* of hit wordeowing, ail thencht,tothe etatabis watt in:
Aitchison had a large wound on the hack part of his:heal,
l'afid hits nose won' id.' Shons'ii leg was broken,
,sill. his
fare will numb cut.
,apparently with some ahyp ingrown"!
I do dot think the'prisonet haa a stick, sas;Utclsisoa titlmr,