before Eaftmiln died, the faw Andrew Stewart in the houfe of Eaftmiln; and that he was told by Elifabeth Sturrock and Mifs Clark, the night thereafter, that the faid Andrew Stewart had retired with Mrs Ogilvie into a private room.

Andrew Stewart depones, "That on the Monday before Eaftmiln's death, Lieut. Ogilvie came to the deponent's houfe at Alyth: That on the day thereafter the deponent informed him, that he the deponent was to be at Eastmiln next day. That, upon the day thereafter, he accordingly went to Eaftmiln, and before he went off, Lieut. Ogilvie delivered to the deponent a imali phial glass containing fomething liquid, which he faid was laudanum; and alfo a fmall pa per packet, which he faid contained falts; and that the morning of the day preceding, the deponent faw the Lieutenant working among fome falts, at least which appeared to the deponent to be falts, which were in a cheft belonging to the Lieutenant: That the phial glafs was round, and knows that there was another phial glafs in his own houfe which was quare That he is pofitive, as he has already deponed, that one phial glass was delivered to him by the Lieutenant; and cannot fay, with certainty, that two might not have been delivered to him by the Lieutenant; but rather thinks he got only one; and that at the time when the above particulars were delivered to the deponent, the Lieutenant defired him to deliver them privately into Mrs Ogilvie's own hand: That he did not fee the packet made up, nor did he open it to fee what it contained. That, on the forefaid packet, there was a letter directed for Mrs Ogilvie of Eaftmiln, which letter was fealed both with wax and a wafer, and that round the packet there was a loose paper of directions, in what manner the laudanum was to be ufed." Depones, That when he came to Eaftmiln on the Wednesday afternoon, he was carried into a room where old Lady Eastmiln was; and that, within a fhort time there after, Mrs Ogilvie and Mifs Clark came into the room: That, at the defire of Mrs Ogilvie he followed her up to the eafter room; where Mrs Ogilvie having afked him, If he had brought any word to her from the Lieutenant? he delivered to her the feveral particulars above mentioned; which the deponent faw her immediately put into a drawer in the

room. That he did not fee her read the letter at that time; but that she put the whole together into the drawer: That foon thereafter, Mifs Clark afked the deponent, What he had brought with him from the Lieutenant to Mrs Ogilvie? or if he had brought any thing with him? He at first faid, he had brought nothing; but, upon Mifs Clark's preffing him with great earnestnefs, he at last informed her of the particulars he had brought: That upon this, Mifs Clark faid, that she was afraid Mrs Ogilvie might poifon her hufband. That foon thereafter Mifs Clark, in prefence of the deponent and the old Lady, desired Eastmiln not to take any thing out of his wife's hand, except at the table: To which he answered, that he would not: That the old Lady joined with Mifs Clark in defiring Eaftmiln to take nothing out of his wife's hand; but that the deponent was at that time very much difpleafed with both, as he then had no fufpicion that Mrs Ogilvie had a. ny defign against the life of her husband.

-Depones, that the drawer into which Mrs Ogilvie put the particulars delivered to her by the deponent, stood in the room in which the deponent flept that night.

:

-Depones, at reading over the oath, "That at the time when Lieut. Ogilvie delivered the particulars above mentioned to the deponent, he defired him to put them into Mrs Ogilvie's own hand; but did not mention the words privately, or by herself and that his reafon for deny. ing at firft to Anne Clark, that he had brought any parcel from Lieut. Ogilvie, was, becaufe he confidered Mifs Clark as a perfon given to raise diffenfion in families; and because that he had been defired by the Lieutenant to put the particulars into Mrs Ogilvie's own hand."

James Carnegie furgcon in Brechin, depones, "That in the end of May laft, he got a meffage from Lieut. Ogilvie the pannel, with whom he is acquainted, defiring him to meet him at Colin Smith's vintner in Brechin: That the deponent having gone there, found him in company with one Lieut. Campbell of the fame regiment, and one Mr Dickson: That Lieutenant Ogilvie took the deponent afide, and told him, that he was troubled with gripes, and wanted to buy fome laudanum from him; and at the fame time told him he wanted to buy fome arfenick, in order to deftroy fome dogs

that

that spoiled the game: That the deponent told him, that he was uncertain whether he could furnish him with thofe things or not; but that he should look when he went home: That the deponent, when he went home, found he had fome of both, and put up a small phial glafs of laudanum, and betwixt half an ounce and an ounce of arfenick, both which he delivered next day to the Lieutenant, after the deponent had dined with him and Lieutenant Campbell in Smith's That Lieut. Ogilvie took the deponent into another room, away from Lieut. Campbell, when he was to receive the laudanum and the arfenick, and there the deponent delivered them to him: That the price of both was a fhilling: That the arfenick was pulverifed; and Lieut. Ogilvie having afked how to prepare it, the deponent gave him directions. Depones, That he had fold of the fame arfenick formerly to people for poifoning of rats, and heard that it had the defired effect. Depones, That, he has been accuftomed, when he fold arfenick, to take receipts from low people who bought it, but never from gentlemen; and as the deponent knew Lieut. Ogilvie, and had a good opinion of him, the deponent did not afk a receipt from him; although when the lieufpoke about it firft, the deponent faid to him, We ufe to take a receipt for arfenick: That the Lieutenant answered, See first if you have it; adding at the fame time, very good. Depones, That he got his arfenick from a druggift in Dundee; but how long ago, he cannot fay, there being a fmall demand for arfenick at any time. Depones, That he wrapt it up in the form of a pennyworth of fnuff, under three paper covers. Depones, That the the arfenick which he fold as above was white arfenick. Depones, That he can not take upon him to fay, from looking at arfenick, whether it be arfenick or not; nor can he fay from the tafte, for he never tafted it; but that he bought this as arfenick, had the name marked upon it upon the package, and heard from thofe he fold it to that it had killed rats, as above mentioned."

tenant

Lieutenant George Campbell depones, "That he has known Lieut. Ogilvie thefe five years patt: That in the beginning of June laft, as he thinks, the pannel called for the deponent at Phinhaven, and deared him to go along with him to Brechin, because he wanted to fee his old

landlord William Finlay vintner there. That they accordingly went to Brechin, and put up at Colin Smith's vintner: and Lieut. Ogilvie called for James Carnegie furgeon there, but had no converfation at that time apart from the deponent: Lieut. Ogilvie invited Mr Carnegie to dinner,after he and the deponent fhould return from the fishing, which they were going to next day. And accordingly he came to dinner, and Lieut. Ogilvie and Mr Carnegie went out after dinner to another room, and had fome private converfation for fome few minutes, and then returned back to the deponent; and the deponent and Lieut. Ogilvie went to Phinhaven that night, it being Friday night, and he ftaid with the deponent Saturday and Sunday nights, and left him on Monday, and on the Saturday after, the deponent heard of Eaftmiln's death."

George Campbell of Carfegownie, fheriff-fubititute of Forfarfhire depones, That fometime after the late Eaftmiln's death, the deponent went to the house of Eaftmiln, to make a fearch for any thing that might appear there to clear up the caufe of Eaftmiln's death: That the deponent, not having the keys of the drawers in the house, broke up feveral of them, and particularly the drawers of what was faid to be the late Eaftmiln's cabinet: That, in one of thefe drawers, he found fome brownish white powder, wrapped up in two or three fmall parcels: That the deponent not knowing what that powder was, carried it away with him, and afterwards fhewed it to James Carnegie furgeon in Brechin, and asked him, What kind of powder he took it to be? and particularly, Whether or not he thought it was arfenick? That James Carnegie, after looking attentively upon the powder, declared, That he did not know arfenick but by the effects of it; and could not fay, upon fight, whether that powder was ог was not arfenick. Depones. That Alexander Ogilvie, brother to the late Eaftmiln, was not prefent with the deponent either at the forefaid fearch at the houfe of Eaftmiln, or when he fhewed the powder to James Carnegie as afore

In trials the profecutor's proof is concluded before that for the pannel is begun. We diftinguifh the witneffes adduced by the pannels for proving their exculpation, by an afterisk prefixed to their names.

faid.

faid. Depones, and produces fome of the powder forefaid which he found at Eaftmiln which powder, upon the opinion of Dr Cullen phyfician in Edinburgh, and Mr James Ruffel furgeon there, who tried it before the court and the jury, he believes it to be faltpetre.

3. Whether potion was administered to Eaftmiln by the pannels?

Anne Clark depones, That next morning [after Andrew Stewart's arrival at Eastmiln, i e. Thursday June 6.] Mrs. Ogilvie made the tea for breakfast fomewhat earlier than ufual: That the deponent having come into the breakfattingroom, heard Mrs Ogilvie fay, that the Laird and Elifabeth Sturrock were well off that morning, for they had got the firit of the tea: That the deponent before this had been fitting with her face to the window, and her back to the table, but did not take any notice what Mrs Ogilvie had been doing; but upon Mrs 'Ogilvie's expreffing herself as above, turned about, and asked, What; has the Laird got tea and Mrs Ogilvie anfwered, he had; upon which the deponent faid nothing. That the does not know the reafon why Eatmiln had not come down to breakfast that morning. That fhe faid to the old Lady, as the thinks, that he was frightened about the tea the Laird had got; but faid nothing to Andrew Stewart of it; and this the means of the time before the Laird was taken ill.-Depones, That before one o'clock [the day on which Eaftmiln died] the heard the old Lady Eaftmiln fay to Eaftmiln, that he had broke his promile to her in taking any thing from his wife: That he anfwered, It is too late now, mother; but he forced it on me: That at this converfation there were none pre-. fent, but the old Lady and the deponent. -Depones, "That the morning after Eaftmiln's death, fhe told the Lieutenant, that the knew the whole affair of the poifon; and asked him, how he could fend it to Mrs Ogilvie? That the Lieutenant appeared to be under great concern and confufion; and told, That fuppofe he had fent it to her, he did not think the had fo barbarous a heart as to give it.Depones, That this converfation was at the burn fide upon the eaft fide of Eatmiln."--Depones, That he did not, either the day of Eaftmiln's death, or the day after, acquaint any body, by letters

or otherwise, of her fufpicions and belief that Eaftmiln died of poifon.--Depones, That when the deponent once alked Eaftmiln, when he was dying, If he did not chufe that his wife fhould be with him? his anfwer was, "Mifs Clark, I chufe a drink;" and that either Glenkiry, or James Millam, or bath, were prefent at this time. Depones, That he does not know that Mrs Ogilvie took any falts after her husband's death.

Elifabeth Sturrock depones, That upon the morning on which Eaftmiln died, the deponent was confined to her bed by ficknefs: That Mrs Ogilvie came into the kitchen, where the deponent was lying, and told the deponent, in a low voice, or a whisper, that she, Mrs Ogilvie, had given the Laird his breakfatt that morn ing; and the defired the deponent to say, that he had likewife got her breakfatt; although the deponent had then got none: That fome time thereafter Mrs Ogilvie fent Anne Samfon with fome tea to the deponent in a bowl, which the deponent drunk: That the deponent commonly got tea in the morning when the was indifpofed.--Depones, That about ten or eleven o'clock that forenoon, when old Lady Eaftmiln, Andrew Stewart, and the deponent, were in the room together attending the late Eaftmiln, Eastmiln faid, in the deponent's hearing, That he was poifoned, and that woman had done it: That, by that woman, the deponent understood Eaftmiln meant his wife: That the old Lady feemed to understand it in the fame way, and reproved her fon Eaftmiln for faying fo. To which Eastmiln anfwered, That it was very true, and his death lay at her door. Depones, That upon the day Eastmiln was ill, as aforefaid, Mrs Ogilvie came pretty often up to his room to fee him in the forenoon; but he did not come near him at all in the afternoon; and that, in the afternoon, Mrs Anne Clark, who fat clofe by Eaftmiln, defired the deponent to go down and tell Mrs Ogilvie to come up and fee her husband. Upon which Eaftmiln himfelf faid, No! no! I do not want her : That Anne Clark told the deponent, the might go down and bid her come up for all that: That the deponent accordingly went and told Mrs Ogilvie; but Mrs Qgilvie refufed to come up, faying, She did not like to fee dying people. -Depones, That Mrs Ogilvie was not very

dull,

to.

Andrew Stewart depones, That the night before Eaftmiln's death, the deponent told, that he intended to go off from Eaftmiln early next day, which occafion. ed their getting breakfast more early than ufual: That Eaftmiln did not breakfast along with the family, the only perfons prefent at breakfast being Mrs Ogilvies elder and younger, Mifs Clark, and the deponent: That the deponent faw Mrs Ogilvie making a bowl of tea, by filling it out of the tea-pot, and putting fugar and milk in it; and that the faid, in prefence of the company, that he was to give it to her husband, who was then in bed; and that the deponent faw her go out of the room with the bowl in her hand. Depones, "That at the time when Alexander Ogilvie, the deponent's brother-in-law, arrefted the corpfe, the deponent advised Lieut. Ogilvie to make his efcape, if guilty; to which he anfwered, That God and his own confcience knew that he was innocent." Depones, That the two pannels lived at the houfe of Eaftmiin, from the time of Eaftmiln's burial to the time that Mrs Ogilvie was apprehended; and that for fome time after the pannels continued to live there; but how long, he cannot fay. Depones, That Mrs Ogilvie had been blooded the day before Eaftmiln's death, or the day before that; and that he had been ill, and taking drugs, for fome time before, as that deponent had heard.

James Carnegie depones, "That he heard of Eaftmiln's death after the time that he fold the arfenick to the Lieutenant."

James Millam depones, That during the late Eaftmiln's illness, upon that day on which he died, the deponent was fometimes in the room with him; particularly about two o'clock in the afternoon, when the deponent asked the late Eaftmiln, How he was to which Eatmiln answered, That he was very il: and the deponent further asked him, What he thought was the matter with him? to which Ealtmiln answered, I am gone, James, with no less than rank poifon?

Alexander Lindsay, late fervant to Eaftmiln, depones, That he came to be a fervant at Eaftmiln about fix o'clock of the morning of that day on which Eaftiniln died : That, about nine o'clock that morning, he faw Mrs Ogilvie ftanding in a closet up stairs between the two bedrooms: That the deponent was going up to the garret to take down a wheel: That the door of the clofet was open; but the deponent did not go into the clofet; and that he did not then obferve any thing that Mrs Ogilvie was doing, nor that he had any thing in her hand; and that, when the deponent went up to the garret, Mrs Ogilvie called up to him, not to walk over the clofet, for fear of fhaking down fomething. Depones, That, when he was in the garret, he faw Anne Samfon ftanding at the ftair-head, near the closet where Mrs Ogilvie was.

* James Millam depones, "That the day after Eaftmiln died, the deponent faw the Lieutenant fitting on a bed-fide of the house of Eaftmiln, with his mother on the one hand, and Dr Meik on the other; and that he could not be pacified :" That Mrs Ogilvie was in another room, and did not fee her: "That the Lieutenant, in the fituation above defcribed, was gushing out of tears."

4. Whether Eafmiln died of poison ? — We fubdivide this head into three, viz. (1) What was the ftate of Eaftmiln's health when he received the bowl? (2) What are the common effects of poison? (3) Whether the fymptoms obferved on Eattmiln after receiving the bowl were fuch as are commonly occasioned by poifon?

(1) What was the fate of Eaftmiln's health before he received the bowl?

Anne Clark depones, That from the time that the deponent went to his house in March laft, Eallmiln appeared to be

under