36 239.542 162 419 691 936 172 398 695 982 224 544 865 400 99 84 6 706 97 12 26 28 7 18 27 25 29 33 44 21 50 24 333 25 26 37 43 77 40 41 76 86 52 83 38 129 432 669 981 242 477 724 994 242 534 788 95 434 733 41 42 83 53 86 41 65 50 80536 40. 48 46 44 8757006 56 88 44 58005 70 51 II 53 41 49 86.30 98 94 67 40 8 67 12 63 30 4 55 601 - 14 10 27 86 96 35 405 27.96 61 42 86 91 69 70 ·8095 66 97 14 81 24 17 76 78 93 49 30 86 THE GENTLEMAN's and LONDON 1 MAGAZINE, For JANUARY 1766. The Trial of Mrs. and Lieut. Ogilvie, continued from Page (732) in December 1765. III. The Evidence of the Murder. HIS is the laft of the three heads Tinto which we divided the proceedings begun on Monday Aug. 12.-For diftinctnefs we shall fubdivide it into the following five beads: 1. Whether there was a defign formed by the pannels to poifon Eaftmiln? 2. Whether poifon was procured by the pannels? 3. Whether poifon was adminiftered to Eaftmiln by the pannels? 4. Whether Eaftmiln died of poifon? 5. Whether endeavours were ufed by the pannels to conceal the man ner and ufe of Eastmiln's death? The ne to which the part of this proof already inferted did relate, was of fuch a nature, that if either of the pannels were innocent, or guilty, the other muft have been fo too. It is otherwife with respect to the crime now under confideration; we shall therefore diftinguish what relates folely to the acceffary, the Lieutenant, by printing it between turn ed commas; though even with refpect to him, what is depofed to concerning the other pannel ought likewife to be confidered, because the facts are fo interwoven as in some cases not to be feparable. 1. Whether there was a defign formed by the pannels to poifon Eafimiln? Anne Clark depones, That upon the day the Lieutenant left Eaftmiln, after the difagreeable interview before mentioned between Eaftmiln and his wife, Eaftmiln, as he had frequently upon former occafions when he and his wife differed about the Lieutenant, expreffed his defire to go and leave his own houfe; and the deponent, who, at that time, faw little prospect of harmony between them, propofed to Mrs Ogilvie, that the fhould agree to this fcheme; which the feemed very well pleafed with; but that next day both feem January 1766. ed to have changed their mind. That,about a fortnight or three weeks after the deponent went to Eastmiln, the two pannels ned Batmiln having gone to pay a visit. at Glenkiry, they all of them returned, as the deponent thought, in very bad bumour; and, in particular, Mrs Ogilvie was fo, and expreffed her diffatisfaction with her husband, and faid, If fhe had a dofe, fhe would give it him; but the de ponent at that time did not think Mrs Ogilvie ferious in what the faid: That thereafter, but the cannot precifely fpecify the times, Mrs Ogilvie did frequently fignify to the deponent, that he was refolved to poifon her husband! and told the deponent, the intended to get poifon either from Mr Robertfon a 'merchant in Perth, or Mrs Eagle who keeps a feedhop in Edinburgh, upon pretence of poifoning rats: That the deponent, feeing Mrs Ogilvie intent at that time upon that project, endeavoured to divert her from it by gaining time! and fignified, that if the applied to thefe people for the poifon, the would be brought to an untimely end; but that fhe, the deponent, would go to Edinburgh, and get a brother of the deponent's who lived there to buy the poifon: That Mrs Ogilvie approved of the deponent's propofal; but complained, that the deponent was long in putting it in execution, and therefore propofed to the deponent to fpeak of it to Lieut. Ogilvie, as he could get it more expeditioufly and this the deponent declined to do. That, upon the day that the Lieutenant was put from the house, she, Mrs Ogilvie, told the deponent, "that, with much dificulty, he had prevailed upon Lieut. Ogilvie to undertake to furnish her with poifon."- -Depones, That upon Mrs Ogilvie's telling the deponent, the day before Eaftmiln's death, that the ex A pected pected the poifon at Eaftmiln that night, in a delay, Eaftmiln anfwered, He un the deponent told her, the never believed derstood what she meant; but that he was determined he would take nothing the. gave him, and fo would put it out of her power. That her aunt, that same night, both before and after fupper, told her, that the likewife had cautioned Eastmiln to take nothing from his wife.-Depones, That the deponent never infinuated to Eaftmiln any fufpicions she had of his life being in danger, till the night immediately preceding his death; but that the frequently told to the old Lady his mother of the danger the apprehended Eaftmiln was in, from the difpofition his wife appeared to be in; and the old Lady faid, that the likewife was fufpicious, becaufe fhe thought her daughter-in-law would stick at nothing: but that the deponent did not explain to the old Lady the affair of the poifon, till after the Lieutenant was turned away from Eastmiln, when the advised her to warn her fon of his danger. Andrew Stewart depones, That the deponent, when at Ealtmiln, the night. before Eaftmiln's death, heard Mrs Ogilvie fay, that he lived a most unhappy life with her husband: That he wished him dead; or, if that could not be, the wished herself dead.-Depones, That, after fupper, the deponent had a converfation with Mifs Clark, concerning the fufpicions the had of Mrs Ogilvie's inten tions against her husband, in which the deponent propofed, that they should either take Mrs Ogilvie's keys out of her pocket, or break open her drawers at the back, in order that they might fatisfy themselves, if the particulars brought by the deponent were poifon or not; and that this was the only method by which mifchief would be prevented: That Mifs Clark did not feem to agree to either of thefe propofals; and the deponent himfelf had at that time no fufpicion, that there was any foundation for Mifs Clark's fears; and the deponent was confirmed in this opinion from his having been told, by the old Lady, that the had gone up to the room-door, after her fon and daughter-in-law were in bed, and that there was then more kindness between them than ufual. Part of the letter formerly [731.] inferted. You are not minding the thing that I faid to you, or you went out here and what I wrote for. 2. Whe Mr. Lamiliter half bound with pat. 2. Whether poison was procured by the pannels? Anne Clark depones, That upon a Wednesday, which was the day immediately before Eaftmiln's death, Mrs Ogilvie told the deponent," that he had received a letter the day before from the Lieutenant, which was brought to her hand by Elifabeth Sturrock; and in this letter he had acquainted her, that he had got the poifon the length of Alyth, but did not chufe to truft Elifabeth Sturrock with it; and that he would fend it by Andrew Stewart his brother-in-law, whom he was to fend with it next day; fo that the expected it there that night.". -That at night Mrs Ogilvie and the deponent went out together, Mrs Ogilvie having expreffed her impatience for Andrew Stewart's arrival: That they did not meet with Andrew Stewart; but when they returned to the house, found him fitting with the old Lady Eaftmiln, he having come in another way: That Mrs Ogilvie immediately carried Andrew Stewart up ftairs with her, who ftaid with her about half an hour, and then came down stairs by himself: That the deponent asked him, If he had brought any thing with him? he answered, Nothing, at first; but, upon her preffing, and faying, he was fure he had brought fomething with him, he then faid he had brought fome drugs for Mrs Ogilvie; which, at that time, he described as being in two phial glaffes: That the deponent, on this occafion, faid, they were black drugs: That Mrs Ogilvie having come down ftairs very foon after, the deponent did not get an opportunity at that time to explain to Andrew Stewart what the meant by calling them black drugs; but Mrs Ogilvie and Andrew Stewart having gone out towards the Kirktown, and left the deponent and her aunt Lady Eaftmiln by themfelves, the deponent told her aunt, that the believed what Andrew Stewart had brought was poison; for that Mrs Ogilvie had told her, the deponent, that Andrew Stewart was to bring the poifon. That the old Lady Eaftmiln was prefent when the deponent faid to Andrew Stewart, they were black drugs, as above mentioned: That the deponent, after acquainting the old Lady, as above, afked her, If the should inform Eastmiln of the particulars? That the old Lady faid, it would be improper; for that Mrs Ogilvie would perfuade her husband, that it was but laudanum for her own use, and would refent it against the deponent; and that the only method that occurred to her proper was, that both the and the deponent thould caution Eaftmiln against taking any thing from his wife in private. That af ter this, he went to the Kirktown, with a view of being advised by the minister, what was fit to be done in fuch a cafe but had the misfortune to miss him, he not being at home, the door locked, but the key in it.-Depones, That the evening before Eastmiln's death, the deponent informed Andrew Stewart, that the believ ed it was poifon he had brought, and told him her reafons for believing fo; that Andrew Stewart appeared to give credit to what the deponent faid. After Eastmiln and his wife had gone up ftairs to bed, Andrew Stewart, the old Lady the deponent's aunt, and the deponent, had a long converfation how to difappoint Mrs Ogilvie's defign; and particularly, the re members, that Andrew Stewart proposed, that as he knew the drawer wherein the had put the things that he had brought her, means fhould be ufed in the nighttime to get Mrs Ogilvie's keys, to open the drawer, and take out the things; or, if that would not answer, that they might get a tradefman next day, or as foon as they could get an opportunity, to open the back of the cheft of drawers, and fo get into the particular drawer to get out the things. Depones, "That Mrs Ogilvie, as Andrew Stewart told that night, received a letter from Lieut. Ogilvie, which he Andrew Stewart brought along with him; and that the Lieutenant had defired him to deliver that letter with the drugs privately to Mrs Ogilvie."pones, That the knows there was once a dofe of falts fent from Edinburgh to Eastmiln for Mrs Ogilvie's ufe; but never heard of any more falts coming into the family. Depones, being interrogate for the pannels, That he was informed, the drawers into which the things were put that Andrew Stewart brought, flood in the Lieutenant's room. -De Elifabeth Sturrock depones, That fome time before Eaftmiln's death, the deponent knows Mrs Ogilvie took a dose of falts, the deponent having got a part of them: That she never knew Mrs Ogil, vie taking falts but that time. Anne Samfon depones, That the night A 2 before |