Reports of David Boyle, Lord Justice Clerk on 2 individual petitions (the prisoner[x2])...

Reports of David Boyle, Lord Justice Clerk on 2 individual petitions (the prisoner[x2]) and 2 collective petitions (32 people, including local distillers and clergy and 21 people, [printed] comprising 5 magistrates and 16 distillers) on behalf of Malcolm Gillespie, exciseman, tried (with George Skene Edwards) and convicted at the Court of Justiciary held at Aberdeen on 27 September 1827 of forging and uttering 7 bills of exchange endorsed by A. Smith between April 1826 and March 1827. There are printed copies of the 'Indictment against Malcolm Gillespie for Forgery I, II and III'; a similar indictment for 'Wilful Fire-Raising'; the 'Declarations of Malcolm Gillespie and George Skene Edwards'; a copy of the 'Declarations of Malcolm Gillespie, George Brownie and Alexander Campbell; a statement of the case from David Cathcart [Lord Alloway]; a copy of the notes of the trial; a copy of the verdict; a copy of 'Recommandatory [sic] Letters in favour of Mal. Gillespie'; a copy of 'Back Letter, Alex Smith Esq. of Blackhills'; a copy of 'Letters of Obligation, Alex Smith Esq. of Blackhills'; a printed volume 'Report of the trial of Malcolm Gillespie, taken in shorthand by a member of the Society of Advocates of Aberdeen' including 'The Life and Dying Declaration' of the prisoner; a printed copy of 'Memorial and Case of Malcolm Gillespie'; a copy of 'Observation and Explanations of Malcolm Gillespie'; a 'Schedule of Noblemen, justices of Peace and others subscribing the Petition for William Gillespie'; a certificate of ill health from William Booth, surgeon; 2 letters from Jas. Gillespie Graham, half brother to the prisoner together with a covering letter to Sir George Murray; covering letters from G. Murray, Charles Winchester [x2], the Duke of Athol, Viscount Strathallan and Lord Breadalbane; an unsigned letter to the Marquis of Landsdowne enclosing a cutting from the Exeter Flying Post concerning the 'Respite of Franks' with pencil annotation 'The circumstances & the guilt very different'; a letter from the prisoner to Charles Winchester and letters from Charles Winchester [x2], Alexander Duffy and the Earl of Elgin. Initial sentence: death. Grounds for clemency: Gillespie served 30 years as an exciseman and claimed an exemplary record in suppressing smuggling and invasion of duty in the Aberdeen area, had previously served in the 1st Regiment of Foot as a recruiting officer and enlisted over 400 men in to the service of His Majesty, the prisoner argued that none of the names forged as acceptors had sustained loss, and that Smith's endorsement of the bills was voluntary and legally valid. Recommendation: no mercy. AO11. [Scot]