522 Trial of Catharine Nairne, and Patrick Ogilvy A That her late husband's youngest tween her and her husband.. That Alexander Ogilvy had fome time before his marriage, cohabited with one Anne Clark, a coufin german of the family, a woman of the most inFamous charader, who had several years lived as a common fervant in one of the most notorious bawdy-houtes in Edinburgh. the deceased foon cooled, and wrote to him to return, the prifoner, as far as decency would permit, joining in the request. deceased was feized with a dangerous That unluckily at this period the return of the violent diforders in his ftomach and bowels, to which he was conftitutionally fubject. That he had been dying of them the day before his death, relapfed in the evening, better in the morning, rofe and went continued ill the whole night, grew out, but returned ill again, went again to bed, and took a balon of warm tea, after which he made another effort, went out again, relapfed, returned, continued very ill all day, and died at night. Cing, expreffive of the fincereft forrow. That the prifoner's behaviour upon the occafion was decent and becom D That Anne Clarke's relation to the family furnished Alexander Ogilvy with a pretence of fending her to his bro ther's at Eaf-Miln, to bring about a reconciliation between them. That -Clark attached herself first to the pri- E foner, but finding her averfe to any correfpondence with her, the quar.relled with the prifoner, and made her court to the decea'ed. That first, by dark infinuations, and afterwards more explicitly, the inftilled into his mind fufpicions of the prifoner's virtue, and of a criminal intimacy be- F tween her and his brother the lieute. nant, perfuading him farther, that they had formed a scheme to deprive him of life, and even communicated thefe fufpicions to his brother, with a view to produce a feparation between the decealed and the prifoner, that having no children, and being not G likely to live, the lieutenant's health being alajased by foreign fervice, Alexander might inherit the paternal estate. That these machinations taking place when the deceased and the lieutenant had fome mifunderstanding about money matters, produced high H words between the brothers, and a difmiffion of the lieutenant from the houte. That when the lieutenant was gone That the body remained unburied many days, without other appearanances than is ufual in fuch cafes. That a dissection of the body would have put the question, whether the deceased was poifoned, out of doubt; and it was the duty of Alexander; as informer, to have had it diffected, which was not done, he being confcious that the fufpicions he had raised, and the project he had formed, would then have been totally removed and defeated. Declaration in defence of the prisoner Ogilvy. That the deceated, two years before his death, had been difcovered to have ulcers in his bowels, and had ever afterwards been fickly. That the relations of his wife, the prifoner Naira had fhewn apprehenture by measures which they had takfions that his death would be premaen to fecure the provifion that had been made in her favour. That he, the prifoner, had alfo fo bad a state of health. as obliged him to quit his duty in the Eaft Indies, and return home. deceated and himself, Alexander, their That from thefe fituations of the younger brother, had entertained the moft languine hopes that he fhould fucceed to the elfate, which, by the marriage of the deceated, who might leave children, and the recovery of the prifoner's health upon his return, were likely to be disappointed. To bring about a feparation between the deceafed and his wife, and to drive the prifoner back to the unwholfome climates that would destroy him, he contrived to give the deceafed she worst opinion of them both, which That the prifoner, as foon as he dif That for the reafons alledged in the defence of the prifoner Nairn, he sent her fome laudanum and falts by Alexander Steward. A That after the deceafed was dead, B The evidence brought to fuftain as follows: That for fome years he had complained of a heart cholic, attended with a short cough, and about fix years ago had an ulcerous fever. That he had often been prefent when he complained of pain in his ftomach, which was relieved by a dram. was then warm. That the night be fore he died he faid he was no better. That the two prisoners appeared to be greatly affected at the death of the deceafed. That the deceased complained to him that he could not get peaceable poffeffion of his own houfe, for Anne Clark, that he wished her away, and that he got from the deponent a tenfhilling note for the expences of her journey. That when the mourning came home, Anne Clark complained that the had no mourning apron, and told the deponent the would make it as dear to the prifoners as if it had been a gown. Being crofs examined he faid, that, that, in anfwer to the letter which he carried from the deceased to the prifoner Ogilvy, he received a letter from him enclofing the letter he had receiv ed, directed not to the deceased but to his wife. That he never heard the deceased was fubject to vomitings or purgings. Jean Wallace, fervant to George Spalding of Glenkilric, depofed, that the D was fervant to the deceased, three years, and left him fix years ago. That while fhe was in his fervice, he had an ulcer, and was attended by Dr Ogilvy; that the fat up with him frequently, and that he was confined fix weeks. E That before his marriage he wore a plaid jacket, and a belt round bis middle, much broader than the deponent ever faw worn by another, with Jappets of leather hanging down his haunches. That before he got the belt, he used to wear a striped woollen night-cap upon his breaft, the lower p end of which reached his breeches ; that after his marriage he left off wearing his lappets of leather. James Millam tacksinan of Eaft- Miln, depofed, that he carried a letter from the deceased to the prifoner, Lieut. Ogilvy, the day after he left Eaf Miln, requesting him to return, which the lieutenant declined. Thomas Jack deposed, that about ten o'clock of the morning of the day, the deceafed died, he told him he had been very bad the day before. Elizabeth Ferguson depofed, that the deceased, the day before he died, told her he was not well. John Paterfon depofed, that on the fame day the deceased complained to him that his bowels were all fore, that he had not been fo ill for fix years,and that he lay down and flept on the ground. Margaret Reid depofed to the fame effect, and that the deceased told her he would apply to Dr Ogilvy. Dr James Scott depofed, that arsenic G would not diffolve in warm water, but almost instantly fubfide to the bottom of the veffel; but acknowledged, that, if put into tea, with milk and fugar, and ftirred, it would be fufpended long enough to kill thofe who hould drink the potion. That the deceafed complained to him three or four days before he died, that he had the gravel and the cholic, and that if he got not the better of them he could not live. That he grew worfe gradually till he died: That two nights before his death he H complained of being ill, refufing to eat, and faying he would have no fupper but the fie, though the weather George Campbell of Crasgonie, under fheriff, depofed, that, upon fearching the drawers in the deceafed's houfe, he Found only fome brown powder, which, upon upon examination, proved to be faltpetre. Here the prifoners refted their defence, and declined the examination of other witnesses; and it is probable in the highest degree, that every reader of this account will be of the fame opinion with the jury that found them guilty. Many remarkable particulars, however, appeared during the course of the evidence, which, though they do not tend to invalidate it, thew the a tonishing indifcretion of the prison ers, and some particulars in the conduct of others altogether unaccount. able. It appears that the prifoners walked. with their arms about each others neck, and frequently kiffed each other when the deceafed and others were prefent, which was very strange. It is ftrange that they embraced and kiffed each other, the prisoner Ogilvy fometimes putting his hand down the prifoner Nairn's bofom at the fame time, before all the fervants in the house. It is ftrange that Nairn fhould ta citly confefs the adultery and incest to Clark, and declare her refolution to poifon her husband, without the leaft apparent motive for fuch confidence. It is ftrange that the prifoners fhould frequently retire together from the reft of the family, to a bed in a room where every thing that paffed could be heard by them; that they should fuffer the door of the room into which they fo retired, not only to be unfaftened, but to stand open. It is ftrange that when Mr Stewart propofed to get the packet he had defivered to Nairn again from her, Anne Clark fhould oppofe it, as he had the greatest reason to think it would be ufed to a fatal purpose, the firft op. portunity. It is strange that the mother of the deceafed thould not more explicitly apprize him of his danger, when urged to do it by Stewart and Clark. And it is ftrange that Stewart should urge the prifoner Ogilvy to efcape when he fuppofed him to be guilty. B C D E F H ing fo often, and which I fhall with encreating delight continue to do, as long as I live, and am capable to be any ways ferviceable to the poor, and the public. For tho`, in truth, I cannot become either a Mead, or a Sydenham, yet I may prove an honeft Cook; (and honefty is not a commodity to be found every where) and not be the first of the name neither, who has done good service in the pro feffion: Wherefore, I carelesly look down upon all degraders, as furly curs fnapping at my fhadow. But to the purpose: On the 20th of October last, I was, at noon, besought by a poor woman near her time, to charitably vifit her diftreffed husband in Prittlewell, who, that fame day, by eagerly grafping a weaver, or fea-dragon, as Iwimming by his boat, which, from its refemblance, he took for a whiting, was pricked in the middle of that line in his hand next the bottom of his thumb by its poisonous back fin. Thefe flat fided fish are nevertheless good to eat, but the fishermen commonly cut this back fin off, before they handle them, purpofely to prevent their poisonous mischief. He was quickly brought up from the fhore in a chair, almoft distracted with pain, which was fo very exceffive that I feared, without fome speedy relief, for all he was a robuft young man it would foon throw him into univerfal convulfions. He complained grievously of a moft intense burning heat, all over his hand, compar ing it to that from broiling on the fire. I advised the furgeon, who was with me, to make an incifion directly, upon the orifice of the puncture, which we could plainly difcern, both to let out the poifon, and let in some sweet oil, to obtund its acrimony, then to cover it with a pledget, apply all over the hand, and wreft, a poultice of bread and milk well boiled with the yolks of two eggs beat well up in it ; when become cool enough to allow them to mix therewith without curdling. I ordered a grain of folid opium, in a pill, to be fwallowed to mitigate the pain, and if that did not render it tolerable, to be repeated within an hour or two after, which he was ob liged to take before he found any abatement thereof. I ordered basides, a small bolus of Venice treacle every five hours with 'a large |