Murder, but Guilty of Manslaughter, upon my honour. His royal highness Edward duke of York and Albany. Not Guilty of Murder, but Guilty of Manslaughter, upon my honour. Then the Lord High Steward, standing uncovered at the chair, laying his hand upon his breast, said; My lords, I am of opinion that William Ford Byron is Not Guilty of Murder, but Guilty of Manslaughter, upon my honour. L. H. S. Your lordships have found that William lord Byron is Not Guilty of the felony and Murder whereof he stands indicted; but have found him Guilty of Manslaughter; one hundred and nineteen of your lordships having voted him Guilty of Manslaughter, and the remaining four having declared him to be Not Guilty generally: is it your lordships' pleasure that he should be called in, and acquainted therewith ?-Lords. Ay, ay. Proclamation was then made for the lieutenant of the Tower to bring the prisoner to the bar, which was done in the same order as before; and afterwards proclamation was made for silence, as usual. L. H. S. William lord Byron, the Lords have considered of the charge and evidence brought against you, and have likewise con. sidered of every thing which you have alledged in your defence, and upon the whole matter, their lordships have found you Not Guilty of the Murder whereof you stand indicted, but Guilty of Manslaughter. What has your lordship to alledge against judgment being pro nounced upon you? Upon which his lordship claimed the benefit of the statute of Edward the sixth. Whereupon the Lord High Steward ac quainted him, that he was allowed the benefit of that statute, and was discharged, paying his fees. Proclamation was then made for silence in the usual manner. nothing remains to be done here, but to deter- mine the Commission. L. H. S. Let proclamation be made for dissolving the Commission of High Steward. sovereign lord the king does strictly charge Serjeant at Arms. Oyez, Oyez, Oyez! Our and command all manner of persons here present, and that have here attended, to depart hence in the peace of God, and of our said sovereign lord the king, for his grace my Lord High Steward of Great-Britain intends now to dissolve his Commission. Lord High Steward by the gentleman usher of Then the white staff being delivered to the the Black Rod upon his knee, his grace stood up uncovered, and holding the staff in both his hands, broke it in two, and declared the Commission to be dissolved; and then leaving the chair, came down to the woolpack, and said, Is it your lordships' pleasure to adjourn to the Chamber of Parliament ? Lords. Ay, ay. L. H. S. This House is adjourned to the Chamber of Parliament. Then the Peers and others returned back to the Chamber of Parliament, in the same order * As to this, see in this Collection, a. D. 1776, the Case of the person calling herself duchess dowager of Kingston. 546. The Trial of KATHARINE NAIRN and PATRICK OGILVIE, for the Crimes of Incest and Murder, before the High Court of Justiciary in Scotland, upon the 5th, 12th, 13th, 14th, 15th, and 16th days of August: 5 GEORGE III. A. D. 1765. CURIA JUSTICIARIA S. D. N. Regis, tenta in Nova Sessionis Domo de Edinburgh, Intran' Forfar; aud quinto die mensis Augusti, millesimo sep-Thomas Ogilvie of Eastmiln, in the county of Katharine Nairn, widow of the deceased tingentesimo sexagesimo quinto, per Honorabiles Viros Dominum Gilbertum Elliot de Minto, Baronetum, Dominum Justiciarium Clericum, Alexandrum Boswell de Auchinleck, Andream Pringle de Alemoor, Henricum Home de Kames, Jacobum Ferguson de Pitfour, et Georgium Brown de Coalston, Commissionarios Justiciariæ S. D. N. Regis. Curia legitimè affirmata. Patrick Ogilvie, lieutenant of the 89th regiment of foot, brother german of the said deceased Thomas Ogilvie; both now prisoners in the Tolbooth of Edinburgh, pannels. INDICTED and accused at the instance of Thomas Miller of Barskimming, esq. his majesty's advocate, for his majesty's interest, for the crimes of incest and murder, in manner last past,* and before the 12th day of that last month, at different times, and in one or other of the rooms of the house of Eastmiln, and in the out-houses adjacent thereto, lie together, and abuse their bodies with one another; and thereby they, and each of them, committed the abominable crime of incest; and their indecent conduct having at last become the subject of observation and just censure, not only to the said deceased Thomas Ogilvie and his family, but to the neighbourhood, the said Patrick Ogilvie was, on that account, dismissed by the said Thomas Ogilvie from his house, on or about the 23d day of May last; and the said, Katharine Nairn, did upon that occasion, and thereafter, express her resentment against her husband, and by the most outrageous behaviour; and before the said Patrick Ogilvie left the said house, or soon after, he and the said Katharine Nairn did treacherously and wickedly conspire to murder the said Thomas Ogilvie by poison; and, upon different occasions, the said Katharine Nairn signified this her wicked purpose to Anne Clark, daughter of the deceased Allan Clark, officer of excise, who then lived in family with her, and informed her, that the said Patrick Ogilvie had undertaken to provide the poison, which she did not then believe either of them capable of, and endeavoured to divert the said Katharine Nairu from such wicked thoughts; but, instigated by the temptations of the devil and of their own wicked hearts, the said Katharine Nairn and Patrick Ogilvie persisted in their wicked conspiracy; and from the time the said Patrick Ogilvie was dismissed from his brother's house, he and the said Katharine Nairn carried on a secret correspondence by letters, and had private meetings together for the purpose of concerting the perpetration of their wicked design; one of which letters, without a date, and unsigned, but of the handwriting of the said Katharine Nairn, will be produced in evidence against them, and will be lodged in the hands of the clerk of the High Court of Justiciary, before which they are to be tried, that they may see the same: and, for accomplishing the murder so concerted betwixt them as aforesaid, the said Patrick Ogilvie did, about the laiter end of May last, repair to the burgh of Brechin, in the county aforesaid, and there bought and received from James Carnegie, surgeon in that burgh, a small phial glass of laudanum, which he pretended was for his own health, and about half an ounce or more of arsenic pulverized, and put up in three or four different doses, in separate papercovers, pretending that he had occasion for that poison, in order to kill some dogs, which destroyed the game in that part of the country where he resided. And the said Patrick Ogilvie brought the said poison to Alyth, within a few miles of Eastmiln, where he arrived upon mentioned in the criminal indictment raised thereanent, bearing, That whereas, by the law of God, and the laws of this and all other wellgoverned realms, the crime of incest, committed betwixt a man and the wife of his brothergerman, especially when such crime is committed within the dwelling-house of the injured husband, where the offenders were cherished and entertained by him with confidence and trust, is a heinous crime, and most severely punishable; and particularly by an act passed in the parliament of Scotland, in the year 1567, being the first parliament of king James the 6th, chap. 14, intituled, "Anent them that commit incest," it is statuted and ordained, "That quhatsumever person or persones that committes the said abhominable cryme of incest, that is to say, quhatsumever person or persones they be that abuses their bodie with sik persones in degrie, as God in his word has expresslie forbidden, in ony time cumming, as is contained in the xviii chapter of Leviticus, sall be punished to the death:" And also whereas, by the same holy law of God, and by the laws of this and every other well-governed realm, all wilful homicide or murder, especially when perpetrated by poison, and above all, when such murder is committed under trust, or upon a person to whom fidelity and affection are due by the most sacred ties, is also a crime of most heinous and atrocious nature, and severely punishable: yet true it is, and of verity, that the said Katharine Nairn and Patrick Ogilvie, shaking off all fear of God and regard to the laws, have presumed to commit, and are guilty, actors, art and part, of both, or one or other of the said heinous crimes of incest and murder, aggravated as aforesaid: in so far as, the said Katharine Nairn having been married to the said deceased Thomas Ogilvie in the month of January last, in this present year 1765; and the said Patrick Ogilvie having about that time returned from abroad, and taken up his residence at the house of Eastmiln belonging to the said deceased Thomas Ogilvie his brother, in the parish of Glenylla and county of Forfar, the said Katharine Nairn did, soon after her said marriage, alienate her affections from her said husband, and fall into a course of indecent familiarities with the said Patrick Ogilvie, which soon became the subject of observation and regret to her unhappy husband, and to her friends and family; and notwithstanding repeated admonitions given to the said Katharine Nairn, and to the said Patrick Ogilvie, by the said Thomas Ogilvie and their other relations, to abstain from such indecent familiarities, they obstinately persisted therein, frequently retired together, and continued in private for a considerable time, as well in the fields as within the house of Eastmiln, and in other houses and places of that neighbourhood; and the said Katharine Nairn and Patrick Ogilvie, yielding to their inordinate desires, did, after the said marriage, viz. in the months of January, February, March, April, May, and June, all As to the tract of time, within which the offences are alleged, see 1 Hume's Comm. Trial for Crimes, c. 7, pp. 375, et seg. or about Monday the third day of June last, at to carry up to the laird, meaning her husband; the house of Andrew Stewart, merchant there, and accordingly left the parlour with the said his brother-in-law; and, upon the day follow-bowl in ber band; but instead of carrying it ing, he did there receive a letter from the said straight to her husband, she went into a closet Katharine Nairn, which, by her orders, was adjoining to his bed-room, where she remained delivered to him in private, by Elizabeth Stur- for some time, and there wickedly and felonirock her servant; to which he returned an an- ously mixed the arsenic which she had received swer that same day, with the said Elizabeth as aforesaid, or some other deadly poison, into Sturrock, by a letter, with injunctions to de- the said bowl of tea, which she afterwards carliver it privately to the said Katharine Nairn; ried to her husband, and pressed him to drink which was done accordingly: and, upon the the same, which he accordingly did: and soon day following, being the 5th day of June, the after he rose from bed, went abroad, conversed said Andrew Stewart having had occasion to go with some of his tenants and servants, and then to the house of Eastmiln, he, the said Patrick appeared to be in his ordinary state of health; Ogilvie, did send with him two small phial but before he got back to the bouse, and within glasses, one of which he said contained lauda. the space of an hour or thereby after he had num, and a paper with directions about the drunk the said bowl of tea, he was seized with manner of using it; and also a packet, which a violent reaching and vomiting, and having he said contained salts, and a letter closed with got into the kitchen, he continued there for a wafer, and likewise sealed with wax, address- some time in great distress, upon which he was ed to the said Katharine Nairn at Eastmiln; helped up to his own room, and laid in bed, and he informed the said Andrew Stewart that where he remained reaching, vomiting, and these were medicines for the use of the said purging with such violence, that he sometimes Katharine Nairn herself, and desired him to appeared convulsed; and, in the intervals of deliver them and the letter privately into ber his distress, he did say to his friends, and others own hands and the said Katharine Nairn, about him, that he had been poisoned by the having been previously advised by the said said bowl of tea which he had got from his Patrick Ogilvie, that he was to send the poison wife; and he having called for water to drink, by the said Andrew Stewart, watched his ar- which was brought up to the room by Anne rival at the house of Eastmiln, and, upon bis Sampson his servant-maid, in the same bowl, coming there, conducted him into a private or one like to that out of which he had drank room, and received from him the above parti- the tea, he said, "Damn that bowl, for I have culars, which she presently locked up in a got my death out of it already," and ordered drawer alongst with the letter, without reading her to bring up the water in the tea-kettle, for the same; and, in this manner, or by some he would drink out of nothing else; and havother conveyance to the prosecutor unknown, ing continued in the situation above described the arsenic bought by the said Patrick Ogilvie for several hours, his tongue swelled, and his as aforesaid, was conveyed by him to, and re- mouth became so parched and dry, that be ceived by the said Katharine Nairn at the could scarcely speak; and, during his illness, house of Eastmiln: and the said Andrew though from the beginning very alarming, the Stewart having, some time after his arrival said Katbarine Nairn not only endeavoured to there, discovered to the said Anne Clark, that binder his friends and neighbours to have ac he had brought some medicines from the said cess to him, but when she was pressed, by the Patrick Ogilvie, which he had delivered to the said Andrew Stewart, to send for a surgeon, said Katharine Nairn, Anne Clark did there- she obstinately resisted that proposal till near upon disclose to the said Andrew Stewart, and sun-set, when the said Thomas Ogilvie her to Isobel M Kenzie, the mother of the said husband appearing to be then very low and Thomas Ogilvie, her apprehensions of danger near his end, she sent a servant on horseback to the said Thomas Ogilvie's life; and all these to bring Peter Meik, surgeon at Alyth, who persons, or some of them, did that night advise accordingly came with all dispatch; but, beand caution the said Thomas Ogilvie, to take fore his arrival, her husband was dead, having no meat or drink from his wife, except what he died in the night betwixt the 6th and 7th days saw others taking; and some time that same of June last, or upon one or other of the days night, the said Katharine Nairn said to the said or nights in the beginning of that month: and Andrew Stewart, she wished her husband was from the symptoms of his disorder, and whole dead; and the said Thomas Ogilvie did that circumstances of the case above-recited, it evisame night sup with the said Katharine Nairn, dently appears that he died of the poison which his wife, and the other persons above named, in was mixed and given to him, by the said Kathahis ordinary state of health, and went to bed at rine Nairn, in the bowl of tea as above mentioned. the usual time of night, having been abroad And some days thereafter, when it was proposed the preceding day: that next morning, the 6th to inspect the dead body, she, Katharine Nairn, day of June, or one or other of the days in the appeared like one distracted, and cried out, beginning of that month, breakfast was set in What will I do! and the said Patrick Ogilvie the parlour earlier than usual, and the said being advised of the death of the said Thomas Thomas Ogilvie not having then got out of bed,Ogilvie his brother, to whom he is heir, in case the said Katharine Nairn filled out the first of the said Katharine Nairn be not with child, he the tea in a bow), which she said she was going immediately came to Eastmiln, took up his residence there, and gave the necessary orders for the interment. And the said Katharine Nairn and Patrick Ogilvie, having been apprehended there, and committed to the prison of Forfar, by George Campbell, esq. sheriff-substitute of that county, as guilty of the murder of the said Thomas Ogilvie, and examined by the said sheriff-substitute upon the 14th and 15th days of June last, did each emit two several declarations, which were subscribed by each of them, and by the said sheriff-substi tute; which declarations are to be used in evidence against them upon their trial, and shall be lodged in the hands of the clerk of the said Court of Justiciary, that they may have access to see the same: and another examination of the said Patrick Ogilvie, taken before James Balfour, esq. sheriff-substitute of the county of Edinburgh, upon the 22d day of the said month of June last, and subscribed by him and the said James Balfour; and also an examination of the said Katharine Nairn, taken before the said James Balfour, upon the 24th day of the said month of June last, and subscribed by him, will likewise be produced in evidence against them in the course of their trial, and will in like manner be lodged in the hands of the clerk of the said Court of Justiciary, that they may have access to see the same. At least, at the time and place aforesaid, the said Thomas Ogilvie was murdered or died by poi son, wilfully administered to him; and of which murder or poisoning the said Katharine Nairn and Patrick Ogilvie, and each of them, or one or other of them, are guilty, actors, or art and part. All which, or part thereof, or that they were guilty of the crime of incest above charged against them, being found proven by the verdict of an assize before the lords justice-general, justice-clerk, and commissioners of justiciary, they, and each of them, ought to be punished with the pains of law, to the terror of others from committing the like in time coming. THOMAS MILler. LIST OF Assize. Sir James Clark of Pennycuik. Sir Alexander Gibson of Pentland. Sir Robert Morton of Gogar. Thomas Trotter of Mortonhall. 5 George Warrender of Burntsfield. John Howieson of Braehead. John Borthwick of Cruikston. James Forrest of Commiston. Alexander Muirhead of Linhouse. 10 Hugh Dalrymple of Fordel. John Wightman of Maulslie. John Christie of Baberton. Adam Cuningham of Bonnytoun. Thomas Brown of Braid. 15 Alexander Sheriff of Craigleith. James Finlay of Wallyford. Alexander Gibson of Cliftonhall. James Linn of Georgie. Sir Robert Dalziell of Binns. 20 Tho. Sharp younger, of Houston. Robert Ramsay of Blackcraig. 25 John Paterson of Kirkton. David Dundas younger, of Newhalls. James Dallas younger, of Parklie. Henry Cochran of Barbacklaw. Sir George Suttie of Balgonie. Sir John Hall of Dunglass. Sir John Sinclair of Stevenson. John Henderson of Liston. 30 William Hay of Lawfield. Charles Hay of Hopes. 35 40 45 Richard Newton of Newton. Oliver Colt of Auldham. John Forrest sen., merchant in Edinburgh. GILB. ELIOT, ALEX. BOSWELL, 22 Anne Robertson, late servant to the said de- | 64 Dr. John Rutherford, physician in Edinceased Thomas Ogilvie, of Eastmiln. 23 John Rattray, servant to John Robertson of Cray. 24 Margaret Downie, servant to William Ker, writer in Forfar. 25 Jean Low, servant to William Gorty, taylor in Forfar. 26 27 28 Anne Clark, daughter to the deceased George Campbell of Carsegownie, esq. 29 Patrick Orr, writer in Forfar. burgh. List of the Writings and other Particulars to be adduced in Evidence.` The bottle of laudanum mentioned in the indictment. The declarations therein mentioned. A letter from Katharine Nairn the pannel to the deceased Thomas Ogilvie, dated Glenkiry, Weensday. A letter from Katharine Nairn the pannel 30 Fergus Fergusson, residenter in Kirkton to the said Thomas Ogilvie, dated Glenkilry, of Glenylla. 31 Margaret Rait his spouse. 32 William Shaw, residenter at Little Forther in the parish of Glenylla. 33 34 John Gilloch, wright in Dalnakebock. Mr. James Balfour of Pilrig, advocate, sheriff-substitute of Edinburgh. 35 William Dunbar, writer in Edinburgh. 36 William Campbell, writer in Edinburgh. 37 James M'Niccol in Newton of Glenylla. 38 John Hall, portioner of Achlish. 39 James Millam, tacksman of the Eastmila of Glenylla. 40 James Dougal, surgeon in Kerriemuir. trethan. January 4th, 1765. pannels in open court; and they being seThe said Indictment being read over to the verally asked, What they had to say against the same? They answered, They were Not Guilty. Procurators for the Prosecutor.-Thomas Miller of Barskimming, esq. his majesty's advocate, for his majesty's interest; Mr. James Montgomery, advocate, his majesty's sollicitor; Sir David Dalrymple, Mr. Patrick Murray, and Mr. David Kennedy, advocates. 41 Mr. Lawrence Browne, minister at Lin-Lockhart, Mr. David Græme, Mr. David Rae, Procurators in Defence.-Mr. Alexander 42 Andrew Murison, one of the macers of Mr. Andrew Crosbie, and Mr. Henry Dundas, Justiciary. 43 Charles Copland, messenger in Edinburgh. 44 David Rattray younger, in Cammock in the parish of Glenylla. 45 John Lamar in Craigendeach in the said parish. 46 Alexander Barnet in Cammock in the said parish. 47 Helen Murray, spouse to the said Alexander Barnet. 48 James Barnet, son to the said Alexander 49 Alexander Reid, writer in Edinburgh. 52 John Tudhope, residenter at Guardwell in 54 Gibb, advocates. Dundas, for Katharine Nairn the pannel, repeated the signed defences; and represented, That, in 1764, the now deceased Thomas Ogilvie of Eastmiln, a gentleman rather advanced in years, of a tender constitution, and possessed of a very smail fortune, made his addresses to this unfortunate pannel, (then scarce 19 years of age) in proposals of marriage: which, contrary, to the opinion of her friends, by reason of the smallness of his fortune, she accepted of from principles of pure love and affection: and the marriage being accordingly celebrated in the beginning of January last, 1765, was dissolved, by Mr. Ogilvie's death, upon the 6th of June last; when the affections she had conceived for her husband can scarce be supposed to have had time to cool or subside. Notwithstanding of which, it is her now very singular misfortune to be indicted and accused, at the instance of his majesty's advocate, upon the information of Alexander Ogilvie, her husband's youngest brother, as guilty of two of the most enormous crimes known in the law: 1st, The crime of incest, which she is charged to have committed with lieutenant Patrick Ogilvie, her husband's immediate younger brother; 2dly, The crime of murder, cominmitted upon the person of her said husband, by poison administered to him. 56 Dr. William Cullen, physician in Edinburgh, 61 John Turnbull, writer in Edinburgh. Her parentage, education, age, sex, character, and behaviour, in that stage of life pre vious to her marriage, when female passions are most powerful and predominant, which she flatters herself will be attested by persons of the greatest honour and probity, render |