Report of David Boyle, Lord Justice Clerk, 3 collective petitions (34 people of Perth;...

Report of David Boyle, Lord Justice Clerk, 3 collective petitions (34 people of Perth; 53 people of Forfar and 12 people, members of the trial jury) on behalf of Margaret Wishart, convicted at the Circuit Court held at Perth on 15 April 1827 of the murder by poisoning [arsenic] of Jean Wishart, the prisoner's sister, on 8-9 October 1826. The prisoner was also tried for the murder by poisoning of an unnamed newly born male infant, the child of Jane Wishart (not proven). There is a copy of the Statement of the case; 'Notes on the trial of Margaret Wishart for murder'; a printed report of the trial; a copy of the 'Declarations of Margaret Wishart'; a 'statement of Margaret Wishart; a copy of 'Certificates relative to Margaret Wishart'; sworn statements by David Miln, keeper of the jail, William Colville, writer and William Ogg, hairdresser; a printed copy of 'Criminal Letters against Margaret Wishart'; a covering letter to a petition from Charles Webster, Provost of the Royal Burgh of Forfar; 'Certificates as to Margaret Wishart' from William Clugston, minister of the parish of Forfar, William Smith MD and William Steel, surgeon; letters from David Boyle [x3]; L Gellaty[?] [x2]; David Smith [x2], one stating that Jane was partially sighted not blind; A Leslie Melville [x4]; Lord Mackenzie; John Muir; H Lindsay [x2]; Charles Webster; William Hunter, in which he states he has heard that the prisoner has now become insane with a draft reply that the prisoner is insane and is not a fit person for execution as her spiritual duties cannot be attended to; William Rae; John Hope, a letter from James Esclaire[?] stating that the sentence was pronounced and dated on a Sunday and he believes this to be illegal and is not valid; a copy of the receipt of the respite for the prisoner [x2]; a character reference from William Steel, surgeon, attesting to the care the prisoner gave her sister when the sister lost her eyesight two years previously; character references from J W Black, surgeon; Joseph Jiff; Margaret Airth; Marey Gibb; Ann Roberts; John Bowman; and Charlotte Buck a covering letter from William Colvill; a letter of exculpation against Andrew Dorward and William Ogg and 3 letters from J Robinson, one detailing the prisoners state of mind and treatment and that preparations for her execution have been made but the prisoner heard this and it is felt that this may cause a relapse into insanity. Initial sentence: death. Grounds for clemency: no proof that prisoner had either bought or administered the poison and the prosecution's assertion that Jean Wishart, being blind could not have prepared the food containing the poison was erroneous and the petitioners believe Jane may have taken the poison to cover her 'shame' of the illegitimate child. Recommendation: no mercy, the balance of probability lay with the assumption that prisoner had prepared and poisoned the food. AN 6. [Scot]