James Bell

343

Maureen Withey on 9th December 2022

Stirling Autumn Circuit. JAMES BELL or PAVEY, and JAMES KEITH, accused of housebreaking and theft, in so far as they did, on the night of the 11th, or the morning of the 12th July last break into the house of Weedingshall, parish of Polmont, occupied James Baird, Esq., by forcibly removing staunchion and undoing the catch a window, did theftuously away take two pairs of trousers, two vests, a pair of boots, four silk neckcloths, two silk handkerchiefs, a silver mustard spoon, and a pair of shoes; aggravated by Bell or Pavey being habit and repute, and Keith having been previously convicted. Thomas Duties —ls a servant with Mr Baird, Weedingshall. Remembers the house being broken into on the night the 11th July. Witness and his fellow-servant, Christian Shaw saw the house secured that night. The family retired about half-past eleven. On rising in the morning observed the shutters of the dining-room, drawing-room, and kitchen open. The other servant told him there was something wrong when she awoke him about half-past six. The back-door was open ; both it and shutters were properly fastened before retiring to bed the previous evening. Missed the. articles named the indictment; saw all these the night before. Examined the house to see how it bad been entered, and found that the staunchion of the washing-house window had been wrenched out, the window opened, and part of the wood work damaged. The washing house communicates with the dwelling house. Outside the washing-house window found two pair of shoes, which did not belong to anybody about the house ; identifies the shoes. They appeared to have been recently used. The ground was wet. There was a farmer named Johnstone in the neighbourhood, who that morning handed witness two pairs of trousers. Was afterwards shown several things, wbich witness knew to be Baird's, and which he now identifies. Had charge Baird's wardrobe. Christian Shaw corroborated the evidence of the preceding witness. James Hepburn. —Is a fireman on the Edinburgh and Glasgow Railway. Remembers being on the road to Weedingshall about six or seven o'clock on the night before that house was broken into. Remembers seeing two lads on the road leading up to the rail way station. Saw them quite well. Identifies the prisoners as the two lads whom he saw. Alex. Johnstone. —ls farmer at Beancross. Remembers hearing that Weedingshall had been broken into on the 11th July. Went to see about it, and found two pairs of trousers about 20 yards from the house, which he gave to Davis. They appeared to have been very recently worn, as they were all wet at the feet. Identifies the trousers. Stephen Patrickson ——ls a broker in Cowgate, Edinburgh. Recollects the satin vest now shown him being pawned with him on the 12th July last. Was very busy at the time, and cannot say who pawned it. Alex. Is criminal-officer Glasgow. Got information on the of July of a robbery having been committed in Stirlingshire. On the 22d or 23d witness apprehended Keith. He was brought from Rutherglen along with two lads on another charge, and witness having a description of Keith, apprehended him on this charge. Found nothing on him; but on boy named John Ross found a handkerchief, answering the description of one of the articles. The lads were then brought from jail ; and identified by witness. John Ross Divine (one of the boys alluded to), after having been cautioned by his Lordship, that although he might have been implicated in this; yet, as he had been admitted as evidence, no disclosure be might make would used against him to his injury; but he was bound to tell the truth, any deviation from which would be most severely punished. Examined.—Was apprehended at Rutherglen, along with Keith and another boy. Fell into company with Keith in Edinburgh some days before. Keith told witness he had a napkin in a wee pawn in Westport, which he had no use for, and which witness might have if he relieved it. Went to the pawn shop and got the handkerchief by paying 13d. for it. Had it on when he was apprehended. Had on the shoes now shown when he was apprehended. Exchanged shoes with Keith, because he said they were too large for him, and thought them better than his own. Keith desired witness to say if he was asked about the shoes, that he bad bought them in Stirling. Cross-examined Never was in jail before he was apprehended in this case. James Kildage, or Kildare, or Hopikin (the other lad alluded to) then received similar caution from his Lordship, and deposed, Remembers being apprehended with Keith and Ross at Rutherglen. The officer took a handkerchief from witness' neck. Witness got it from Keith in a stable Rutherglen, the same day on which he was apprehended. Identifies neckcloths. Saw one of the neckcloths on Bell, and another on Keith the Sunday before. Both prisoners had on black trousers. Witness and the two prisoners all lodged together on Sunday night. the Monday, Bell went out in the same dress, and when he came back, he had on a pair of blue trousers. Did not know where Bell got the trousers; but afterwards learned, and pointed out the house, which was in St Mary's Wynd, to the officer, who got a pair of black trousers there. Witness saw Keith frequently before he left Edinburgh. On Sunday or Monday. Keith told witness that he had got the silk handkerchief (which he afterwards had on bis neck), by breaking into house between Falkirk and Polmont. Bell told him he had broken into a house, and got the trousers—the same house as Keith had alluded to. They said they had also ladder; and that they had left their shoes and trousers near the house. It was a different house they were at with the ladder, but they were scared. Madeline Duncan Is the wife of Walter Duncan, Westport, Edinburgh. Knows Mrs Niven, and occasionally assists in her shop. Was assisting her about the 17th or 18th July, when Keith pawned a handkerchief, on which he got 1s. He called himself James Keith. said it was his own handkerchief; and that be dealt in them. Mrs Niven corroborated the evidence of the preceding witness. Mrs Coyle. —Her husband is a broker in St Mary's Wynd, Edinburgh. Recollects a person getting a pair of blue trousers in exchange for black ones about the 15th July last. Identifies the panel Bell as that person. William Rew, criminal officer, Falkirk.—Deposed as to finding the trousers and other articles in brokers' shops Edinburgh. James McLevi, criminal-officer, Edinburgh, proved the apprehension of Bell. The previous convictions were then proved, and the prisoners' declarations read, the Advocate-Depute then shortly addressed the Jury, and the prisoners' Counsel having declined to reply, his Lordship summed up, and the Jury having, returned into Court with a verdict finding, a majority, both panels guilty of the theft by housebreaking, aggravated previous conviction. His Lordship then sentenced both prisoners to seven years' transportation. Stirling Observer, 18 Sept 1845. -------------------------------------------------- James Keith was transported on the ship Thomas Arbuthnot and was sent to Port Phillip in Victoria. Keith spent time at Milbank, where he was taught to read and write and was also taught a trade. Keith was transported as an Exile.