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THE MOUNT STEWART FARM MURDER
Part Two
The Trial of James Crichton
The precognition papers for the trial of James Crichton are
held at the National Archives of Scotland (AD 14/67/170), and contain a variety of witness statements and barristers' letters
relating to the case. The complete proceedings of the trial were also recorded by the local Perth newspapers.

The Indictment of James Crichton
National Archives of Scotland
Precognition Papers AD 14/67/170
Perth, April 1867
INDICTMENT AGAINST JAMES CRICHTON - Murder
JAMES CRICHTON, now or lately prisoner in the prison of Perth, you are
Indicted and Accused, at the instance of EDWARD STRATHEARN GORDON, Esquire Her Majestys Advocate for Her Majestys interest:
THAT ALBEIT, by the laws of this and every other well-governed realm, MURDER is a crime of an heinous nature, and severely
punishable: YET TRUE IT IS AND OF VERITY, that you the said James Crichton are guilty of the said crime, actor, or art and
part: IN SO FAR AS, on the
30th day of March 1866,
or on one or other of he days of that month, or of February immediately
preceeding, or of April immediately following, within or near the farm-house or premises situated at or near Mountstewart,
in the parish of Forgandenny, and shire of Perth, then or lately before residing there, and now or lately residing in or near
Canal Crescent, in or near Perth, and now or lately occupied by Peter Stewart, farmer, now or lately residing at or near Mountstewart
aforesaid, you the said James Crichton did, wickedly and feloniously, attack and assault Janet Henderson or Rogers, now deceased,
wife of James Rogers, labourer, now or lately residing at or near Airntully, in the parish of Kinclaven, and shire aforesaid,
and did with an axe, or other instrument to the prosecutor unknown, strike her several or one or more severe blows on or near
the head, whereby her skull was fractured; by all which, or part thereof, the said Janet Henderson or Rogers was mortally
injured, and in consequence thereof immediately or soon therefater died, and was thus murdered by you the said James Crichton:
And you the said James Crichton having been apprehended and taken before Hugh Barclay, Esquire, sheriff-substitute of Perthshire,
did, in his presence at Perth, on the
17th day of December 1866,
emit and subscribe a declaration: Which Declaration; As also a medical
report or certificate, bearing to be dated Bridge of Earn 31st March 1866 and to be subscribed James Laing M.D. Geo W.Absolon
MD, or to be similarly dated and subscribed; As also a letter or other document, dated Bridge of Earn March 30 1866, and to
be subscribed Wm Henderson, or similarly dated and subscribed; As also an envelope, addressed on the back John McLean Esq
Procurator Fiscal Rose Terrace Perth, or similarly addressed; As also a plan, titled No 1 Sketch Plan of Localities Mount
Stewart Plans &c of Dwelling House, or similarly titled; As also a plan, titled No.2 Sketch Plan of Localities Mount Stewart
- Block Plan of House shewing Offices and Grounds adjoining, and the Approach to Turnpike Road &c, or similarly titled;
As also the articles contained in the Inventory hereunto annexed and referred to, being to be used in evidence against you
the said James Crichton at your trial, will, for that purpose, be in due time lodged in the hands of the Clerk of the Circuit-Court
of Justiciary before which you are to be tried, that you may have an opportunity of seeing the same: ALL WHICH, or part thereof,
being found proven by the verdict of an Assize, or admitted by the judicial confession of you the said James Crichton, before
the Lord Justice-Clerk, and Lords Commissioners of Justiciary, in a Circuit-Court of Justiciary to be holden by them, or by
any one or more of their number, within the burgh of Perth, in the month of April, in this present year 1867, you the said
James Crichton OUGHT to be punished with the pains of law, to deter others from committing the like crimes in all time coming.
JAMES ADAM, A.D.
____________________
INVENTORY of ARTICLES referred to in the foregoing INDICTMENT.
Label:
A Woollen or other Cap
A Woollen or other Cap.
A Wincey or other Polka.
A Gown.
A Cotton or other Shift.
A Flannel or other Shift.
A Wincey or other Petticoat.
A Woollen or other Petticoat.
Two Flannel or other Petticoats.
Two Tartan Shawls.
A Pocket or Pouch.
A Pair of Stays.
An Apron.
A Pair of Stocking Legs.
A Pair of Stockings.
Two Garters.
A Pair of Boots.
A Tin or other Metal Snuff-Box, containing Snuff.
A Carpet Bed-Cover.
A Double Blanket.
A Single Blanket.
A Single Blanket.
A Linen or other sheet.
A Linen or other sheet.
A Bolster.
A Bolster Slip.
A Pair of Boots.
A Broken Pair of Tongs.
An Axe.
A Paper Bag with printing thereon, commencing with the words FromJohn Taylors,
or similarly commencing.
A Paper Bag with printing thereon, commencing with the words From Stanley
Provision Company, or similarly commencing.
A Paper Swivel or Packet containing Snuff.
A Tin or other Metal Box, containing a quantity of Snuff.
A Broken Pair of Scissors.
A Broken Point of a Pair of Scissors.
A Key.
Seven or thereby Pieces of a Broken Tobacco Pipe.
A Tin or other Metal Pipe Top or Cover
A Tobacco Pipe.
A Tobacco Pipe.
A Tin or other Box, containing a Quantity of Tobacco.
A Piece of a Boiled Egg, and
Two Pieces of Egg Shell.
JAMES ADAM, A.D.
LIST OF WITNESSES
1. Hugh Barclay, Esquire, sheriff-substitute of Perthshire.
2. James Webster Barty, procurator-fiscal at Dunblane.
3. Adam McKenzie, sheriff-clerk-depute at Perth.
4. Robert Glass, now or lately sheriff criminal-officerin Perth.
5. David Smart, architect, now or lately residing in or near Perth.
6. William Henderson, now or lately farmer, and now or lately residing
in or near
Canal Crescent, in or near Perth.
7. James Rogers, labourer, now or lately residing at or near Airntully,
in the
parish of Kinclaven, and shire of Perth.
8. Ann Rogers, daughter of, and now or lately residing with, the said James
Rogers.
9. James Barlas, mason, and now or lately residing at or near Alley Bank,
in the
parish of Dunbarney, and shire aforesaid.
10. Jean Hally or Barlas, wife of, and now or lately residing with the
said James
Barlas.
11. Henry McDonald, now or lately superintendent of the Perth County Police,
and residing in or near Perth.
12. George Gordon, now or lately chief-constable of said shire.
13. Christina Miller, lately servant to Robert Smith, farmer at or near
Tophead, in the parish of Moneydie, and shire aforesaid, and now or lately a prisoner in Perth Prison.
14. Robert Barlas, son of, and now or lately residing with, the said James
Barlas.
15. Andrew Barlas, son of, and now or lately residing with, the said James
Barlas.
16. James Crichton, sometime residing at or near Brucefield farm, in the
parish of Dunfermline, and shire of Fife, and now or lately residing in or near Glasswork Street, Kirkcaldy, and shire of
Fife.
17. Betsy or Betty Reilly or McKechnay, wife of, and residing with, John
McKechnay, hawker, now or lately residing in or near South Street of Perth.
18. Mary Donaldson or Ritchie, wife of, and now or lately residing with,
John Ritchie, at or near East Dambouls, in the parish of Forgandenny, and shire of Perth.
19. John Sinclair, shepherd, now or lately residing at or near Cultucher,
in the parish of Forgandenny aforesaid.
20. Jessie Hutton or McNeill, wife of, and now or lately residing with,
John McNeill, farm-servant at or near Gallowmuir, in the parish of Forgandenny aforesaid.
21. Christian Gormack, now or lately residing at or near Westmill, in the
parish of Forgandenny aforesaid.
22. Archibald Harris, salmon-fisher, now or lately residing at or near
Pitkeathly House, in the parish of Dunbarney, and shire of Perth.
23. George Kane, pipe-manufacturer, now or lately residing in or near South
Street of Perth.
24. Ann Wanton or Williamson, wife of, and now or lately residing with,
James Williamson, joiner, at or near Carmichael Cottages, in the parish of Dunbarney aforesaid.
25. James Deas, junior, grocer, now or lately residing in or near Bridge
of Earn, in the parish of Dunbarney aforesaid.
26. Robert Dewar, son of, and now or lately residing with, Duncan Dewar,
clothier and grocer, now or lately residing in or near Bridge of Earn, aforesaid.
27. John Cameron, parochial board officer, now or lately residing in or
near Perth.
28. John Fraser, farm-servant at Balbeggie Farm, and now or lately residing
at or near Balbeggie, in the parish of Kinnoull, and shire of Perth.
29. Janet McNab, daughter of, and now or lately residing with Colin McNab,
labourer, Old Monzie, in the parish of Monzie, and shire of Perth.
30. John Robertson, grieve, now or lately residing at or near the farm
of East Dron, in the parish of Dron, and shire aforesaid.
31. Alexander McCathie, blacksmith, now or lately residing at Glenearn,
in the parish of Dron aforesaid.
32. Thomas Marshall, now or lately manager or salesman in the employment
of the Stanley Provision-Store Company (Limited), and now or lately residing in or near Stanley, in the parish of Redgorton,
and shire of Perth.
33. Charles Ross, inspector in the Perthshire Constabulary, and now or
lately residing at or near New Rattray, in the parish of Rattray, and shire of Perth.
34. John Young, now or lately clerk to the procurator-fiscal of Perthshire,
and residing in or near Perth.
35. James Laing, doctor of medicine, now or lately residing in or near
Bridge of Earn aforesaid.
36. George Webster Absolon, doctor of medicine, now or lately residing
in or near Perth.
37. Margaret Gibson, now or lately residing in or near Skinnergate of Perth,
or now or lately residing at Arngask, in the parish thereof, and shire aforesaid.
38. Elizabeth Bell, daughter of, and now or lately residing with, the said
Margaret Gibson.
39. Alexander Cumming, now or lately constable in the Perthshire Constabulary,
and residing in or near Bridge of Earn aforesaid.
40. George Mearns, now or lately an inspector in the Perth City Police,
and residing in or near Perth.
JAMES ADAM, A.D.
The Perthshire Journal and Constitutional - Thursday, 11th April 1866
(In the Perth Court section)
T UESDAY, April 9.
The Court met this morning at 10 oclock - the Lord Justice-Clerk, and Lord Deas on the bench. The first case called was
THE MOUNT STEWART MURDER
James Crichton, now or lately prisoner in the prion of Perth, was charged with the crime of murder, in so far as on
the 30th day of March, 1866., within or near the farm-house or premises situated at Mount Stewart, in the parish of Forgandenny,
and shire of Perth, then occupied by William Henderson, farmer, there, he did, wickedly and feloniously, attack and assault
Janet Henderson or Rogers, now deceased, wide of James Rogers, labourer, now or lately residing at or near Airntully, in the
parish of Kinclaven, and shire aforesaid, and did with an axe, or other instrument, strike her several or one or more severe
blows on or near the head, whereby her skull was fractured; by all which, or part thereof, the said Janet Henderson or Rogers
was mortally injured, and in consequence thereof immediately or soon thereafter died, and was thus murdered by him.
The following inventory of articles was referred to in the indictment:- Label, No.1, a woollen or other cap; 2, a woollen
or other cap; 3, a wincey or other polka; 4, a gown, a cotton or other shift, a flannel or other shift; 5, a wincey or other
petticoat, a woollen or other petticoat, two flannel or other petticoats; 6, two tartan shawls, a pocket or pouch; 7, a pair
of stays, an apron, a pair of stocking legs, a pair of stockings, two garters; 8, a pair of boots; 9, a tin or other metal
snuff-box, containing snuff; 10, a carpet bed-cover; 11, a double blanket; 12, a single blanket; 13, a single blanket; 14,
a linen or other sheet; 15, a linen or other sheet; 16, a bolster, a bolster slip; 17, a pair of boots; 18, a broken pair
of tongs; 19, an axe; 20, a paper bag with printing thereon, commencing with the words From John Taylors, or similarly commencing;
21, a paper bag with printing thereon, commencing with the words Stanley Provision Company, or similarly commencing; 22, a
paper swivel or packet containing snuff; 23, a tin or other metal box, containing a quantity of snuff; 24, a broken pair of
scissors; 26 (sic), a key; 27, seven or thereby pieces of a broken tobacco pipe, a tin or other metal pipe or cover; 28, a
tobacco pipe; 29, a tobacco pipe; 30, a tin or other box, containing a quantity of tobacco; 31, a piece of a boiled egg; and
32, two pieces of egg shell.
The prisoner, who seemed quite self-possessed, pleaded not guilty.
The prosecution was conducted by the Advocate-Depute, and Mr Charles Scott appeared as counsel for the prisoner, instructed
by Mr Henry Whyte, Perth, agent in the case.
The following evidence was led:-
William Henderson, farmer, was the first witness examined, and deponed - On the 30th of March last year I was afarmer
at Mount Stewart. I had been in the farm 22 years. I left it at Martinmas last. Peter Stewart is now the tenant on the farm.
In the month of March, 1866, I and my sister were living in the house at Mount Stewart. My sisters name was Janet Henderson,
wife of James Rodger, labourer, Airntully, in the parish of Kinclaven, and shire of Perth. There was no servant in the house
at that date. The name of the last servant was Christina Miller. We only kept one female servant at a time. I had only one
servant in the month of March. Christina Miller left my house on the previous Thursday - a week before my sister was killed.
She had been about a fortnight in my service. On the Monday of the week before my sister was killed I went to Airntully to
get one of my sisters daughters to keep the house. I could not get her, and my sister agreed to come herself, which she did
on the Wednesday. When I had a servant she slept in the kitchen. There are eight apartments in Mount Stewart house. The bed
in which the servant slept is a box bed on the left side of the fireplace. My sister ocupied a bedroom upstairs. On the Friday
on which my sister was killed I left home at half past ten oclock. I had my horse and cart with me. I was going to Perth.
I breakfasted with my sister in the kitchen that morning just before I left. She was then in good health. The last concversation
I had with her was about buying whiting, and bringing it home with the cart. I came to Perth, and left my horse and cart at
the Logiealmond Tavern in Methven Street. I bought a pig also that day at a public sale. On my way home I bought the whiting.
I made several other purchases. I got to Bridge of Earn on my way home between six and seven oclock. I know James Crichton,
the prisoner. He was in my service as ploughman at the time. He was the only male servant I had then. When I got home I saw
Crichton. He was in the stable among the horses. I called on him to unloose the cart. I took the horse out of the cart. After
locking the barn door, he took the key and hung it on the stable key, which was in the door. I am not aware he had previosuly
gone to the house with the barn key. After he hung up the key he went away without saying anything. I did not hear Crichton
at the kitchen door after the harness was off. I locked the stable door, and took both keys in my hand, and went towards the
kitchen door, and tried to open it. I found it locked. I rapped at the doortwo or three times. There was no key in the lock.
This was the door I usually used. I got no answer to my knocks, and then I called out my sisters name two or three times.
I still received no answer. Crichton lived at a house about 300 or 400 yards from the farmhouse. I went to his house, and
saw Crichton there. He was taking a chair, going to sit down. I asked him if he had seen my sister, and if he knew what had
become of her. He said he had not seen her since the forenoon. I asked if he had seen any person about the house, or anyone
who had taken her away. He said no. I thought perhaps she would be unwell, and had gone to bed. So I went away to look after
her. I went back alone, and climbed the fence in front of the house, intending to go in at the front door. I got a ladder,
and tried to look in at the window facing the garden; but the blinds being down I could see nothing. I went to the front door
and rapped there two or three times, but there was no answer. I again called her name aloud the same as I had done at the
kitchen door, but got no answer. I did not knw what to do next. I got a ladder and went up and looked into her bedroom. I
called her name there, and got no answer. I went in by the window, and found the bed empty. I then went downstaris and to
my own bedroom, and found everything there dark. I went to the back of the kitchen-door to see if the key was inside, but
I found no key. I understood then that she must have gone out somewhere. I then went to the inner kitchen-door, and I saw
a heap of bed-clothes there lying in the middle of the floor. I again called her name there two or three times, but got no
answer. I then lifted the clothes, and saw one of her arms and her head. I felt her pulse, and found that she had been dead
for a long time. I got out by the front-door, which was locked inside. I then went down to James Barlas house, a mason. I
told him what I saw, and his wife and he came back along with me to my house. Nobody else came along with them. James Barlas
and I went into the house, and Mrs Barlas remained outside. We found my sister lying in a pool of blood. I wanted to take
the clothes off her, but James Barlas said it would be better not to disturb the body; so we both came out again. I then wanted
him to go along with me to Bridge of Earn for the constable, but his wife was afriad to stay by herself. I then went myself
to Dr Laing at Bridge of Earn, but he was not at home; but I waited till he came home. I also got a police-constable, who
came along with me. Dr Laing and I went in together, and looked through the room, and looked at the body. We saw an axe there.
The doctor saw it first. (Identified axe.) After Dr Laing examined the body, he said she was quite dead. We then went and
looked at the rest of the house.. We found that it had been wholly ransacked. I went to my own bedroom, and found a chest
there had been ransacked also. There was a pocket-book containing a one pound-note taken out of the chest. There were also
two shillings or more of copper amissing. I kept these to pay Crichtons boy, who assisted at the thrashing. I did not miss
any more at that time till Thursday, when I dressed for the funeral, when I missed a vest. I had on that vest the previous
Sunday. I also missed a pair of trousers and a cloth cap. That was all I missed from the chest after my sisters death. In
this room there was a chest of drawers with a press on the top of it. I dont know exactly what was in it. An attempt had been
made to open some small drawers in the press. There was an old silver watch in that press, but it had not been taken. The
police came the same night. In the month of July following I found the key of the back door in a small cess pool behind the
house, near the kitchen door. This was on the 21st of Kuly. (Identified key.) On the 30th March Crichton was engaged ploughing
in the field. I told him I was going to Perth that morning. When I engaged him I asked him whether he smoked. He said he did.
I told him I did not want smoking about the town, as it was dangerous, for there might be fires in consequence. He said he
would not smoke about the town, and that he would take care when he did smoke. On the day of the murder, Crichton was dressed
just in his usual clothes. I saw nothing peculiar in his dress. It was just the same as he generally wore. When the constable
arrived Crichton had clean clothes on. I did not observe them before that. When I came back that night I saw a reticule-bag
and some paper parcles in the kitchen. They were not there when I left in the morning. I dont mind seeing them. They might
have been in the kitchen, but they were not on the table, as the breakfast things were on the table when I left. I never saw
my sister smoking. A day or two after the Friday, I gave Crichton a poundnote, as part of his wages.. This was a few days
after the murder. He had got a pound previously. This was on the 1st day of Feb. I dont exactly remember the day I gave him
the second pound. I think I gave it to him in silver. Christina Miller left my service on the Thursday week before the murder.
I saw her again on the Sunday night after my sister was killed. She had had taken away her chest that day she left. Crichton
assisted her. When Christina Miller came on Sunday, I was in the kitchen the most of the time. When she was in the kitchen
with my niece, I spoke to her. I asked her why she was there, and what she wanted? She did not say anything, but just went
out. Mount Stewart is between 5 and 6 miles from Perth by the road.
Cross-examined by Mr SCOTT - Crichton came to my service in the autumn of 1865. When he came I had a servant named
Jane Thomson. I dont recollect how many I have had between that and Christina Miller. Four or five. There were some intervals
when I had none. During that time Crichtons wife served in my house. When I engaged Crichton Jane Thomson she was in the family
way, and could not remain. Crichtons wife came about the house after that, going home in the evening. The last Friday in January
when I came home from Perth there was one of the windows broken into, and some money taken out of a chest, besides a silver
watch and some other articles. Crichtons wife was the only female servant about the town that day. The day before Miller left
she went to Perth. She was away all night upon the Wednesday, but returned on the Thursday, and on that day she went away
altogether. I slept in the house that night. I heard a noise of somebody rapping at the door that night. I did not get up.
I dont know whether there was a man in the stable all night. I did not see a man. The first time I saw Miller the next day
was at the stable-door. When I left on the Friday morning Crichton was ploughing in a field 200 or 300 yards to the west of
the farm. There were some stobs lying scattered about in the field in the way of the ploughing, and I told Crichton he could
cart them in during the day, as it would not take him long. I believe he did that. Miller gave me some insolent language,
and this was the way I tuened her away. I said she might go away. It was because her and Crichton got so very intimate that
I turned her away. If I had said anything to her, he would have told me I was telling a lie, and at one time threatened to
strike me. I was not on bad terms with Crichton. She had been in the byre all the Wednesday night before she left me, and
it was in the byre where I found her when I went out in the morning. It was because I spoke to her that Crichton threatened
to strike me. I desired Crichton to go and tell her to come out, as I wanted her to leave. He would not do that, but threatened
and offered to fight with me. That is the chief reason why I turned Miller off. My other reason was trifling with the person
that kept the register. She came to my house and got tea, and there was a good deal of talk always going on. Miller hinted
to me that I should make her the mistress of the house, and I did not like thta kind of talk. At least she hinted as much.
She said I would be the better of a wife, and she would do her best. She never tried to get into my bed, nor I into hers.
After Crichton and her got chief, she would not let me into the kitchen. I think it was before twelve o clock that night I
was disturbed by the knocks. I never saw my sister take snuff.
By the COURT - Thursday, the day before, as far as I can recollect, was a fine day. It was the Fast-day.
By a JURYMAN - Crichton was in the practice of taking the keys of the stable to the kitchen. He did not take the keys
that night. I suppose because I was taking the harness off the horse, and he was behind his usual hours. It was always his
practice to take the keys to the house. I dont know why he did not do it that night. He just left without taking them.
Another JURYMAN - It was not the practice for Crichton to change his clothes after he was done with his work. Miller
returned the Sunday after the murder, and not the first Sunday after she left.
By the COURT - Between the time Crichton locked the barn-door and the time he hung the key on the key of the stable-door,
had he time to go to the kitchen-door, and come back again? The distance, my Lord, is very short, but I cant say whether he
had. When did Crichton leave yur service? At Whitsunday, 1866.
James Rogers, Airntully - The deceased, Janet Henderson, was my wife. She left my house on 28th March, to go to Mount
Stewart. She was to have remained sometime at Mount Stewart. I received information on my wifes death on the Saturday afternoon
following. Before she left home on Wednesday afternoon I gave her a onepound-note. I went to Mount Stewart that Saturday I
received notice of my wifes death. She had taken some clothes with her. I got possession of part of these, and the police
kept part of these. I searched the pocket of her dress, which I found hanging upon the bedstead. I found a purse and a handkerchief
in that pocket. The purse was quite empty. She usually kept her money in that purse. Besides the dress I searched she had
only taken one other dress with her. She was wearing the other one at the time of her death. On MOnday, 2d April, I had a
conversation with the prisoner Crichton at Mount Stewart. I said to him that it was a serious affair that had happened, and
he said it was. I said my mind was considerably relieved when I found that there was no appearance of Mr Henderson having
been concerned in the murder. I heard that he was suspected, but after I got there I was quite convinced in my mind that he
was innocent. Crichton said he did not know that. He thought he had committed the murder. I said I thought it was quite impossible,
and asked him if he did not see any one talking to my wife during the day. He said he did. I asked him then what time it was,
and he said about eleven o clock. That is Friday forenoon. I told him that that was an hour after his master left for Perth.
Mr Henderson told me himself that he had left at ten. Crichton said it would be just an hour. Then I told him I thought it
impossible that he could commit the deed after he arrived from Perth, between the time he arrived and the gave the alarm.
He said he was a good long while in coming to him, and that he thought he had time to commit the murder. Thinking he would
continue persisting in this opinion I let the conversation drop, and left him, and went down to the kitchen. I then called
him down to the kitchen, and gave him a glass of spirits, and in a few minutes after that I left the house. The body of my
wife was taken to my house. My wife did not smoke that I knew of.
Cross examined by Mr SCOTT - I could not exactly say my wife had on a veil when she left my house, but she was in the
habit of wearing one. I did not known my wife took snuff. I had heard a report that Mr Henderson had committed the murder.
By the COURT - I heard the report from a travelling man who came about the district; but I dont know who he was, or
how that report originated.
Ann Rogers, daughter of the former witness - I remember my mother going to Mount Stewart. She took a pound with her,
but did not say for what. She intended changing it on her way home. She intended changing it on her way home. She said she
intended buying a border for her bonnet., and some snuff. She took snuff for a sore nostril. I did not know of my mother smoking.
She bought her things for the house in Stanley store.
James Barlas, mason, Alley Bank - I lived beside the prisoner Crichton in March, 1866. I remember the day of the murder.
I left my house that morning between five and six o clock, and did not return until the evening. I was at my work at Moncrieffe
Tunnel. I returned home at a quarter before seven o clock. I heard Mr Hendersons cart come up about a quarter-of-an-hour after
I came home. Sometime after that he he came back to me. It would be about a quarter before eight o clock. He told me his sister
was eithere dead or murdered. I observed no blood upon him. I noticed he was a little excited. But there was nothing else
peculair about him that I saw. I went to Mount Stewart with him. He asked me to go. My wife followed. She did not go into
the house, but I went. I there saw the dead body of a woman lying on the kitchen floor. There was a pool of blood below her
head. She was covered up with bed-clothes, with the exception of her left arm, which was stretched out from the body. Henderson
lifted some of the bed-clothes off the face. He said That speaks for itself. We then left left the body as it was., and went
to the parlour. He lifted a bunch of keys that were lying on the table, and said these were the keys of his house. We then
went to his bedroom, and there saw that a chest had been forced open. After this, Henderson and I left the house. I called
in Crichton that night. I saw he was a little excited. After we came out from Mount Stewart, Henderson went for Dr Laing,
to Bridge of Earn. When I went back to Mount Stewart, Dr Laing was there. On the day of the murder, the first time I saw Crichton,
as far as I remember at present, was when Henderson came down for me at night. His dress had a white-like appearance. The
next day I saw a pair of Crichtons trousers bleaching. I had no doubt of them being his. They were bleaching on the green
before his house. This was sometime in the afternoon. I have seen Crichton smoking, principally at his meals. I cannot say
that I saw him smoke at his own house. I remember to have seen him smoke once or twice the time he was in Hendersons service.
The Thursday before the murder was a dry day. When we found the dead body, the blankets were sticking on the face. Friday
is the usual market-day. Henderson usually came back any time betwixt the hours of 6 and 9 oclock.
Cross-examined by Mr SCOTT - I never saw Crichton smoke during his work hours. When I went up to Mount Stewart the
first time I saw Crichton. He was standing near the garden gate. He went away down to his own house. After that he went to
Forgandenny for a constable. I saw him go away. I saw him return with the constable. When I went to Mount Stewart the second
time, I am almost postive Crichton was with me. He was in the house when I was there. I saw him in the parlour. This was the
second time I went to the house. I think he went up along with me. I am not positive whether he went into the house at the
time I went, as we waited some time outside before we went in. I think in the course of the evening I also saw him in the
kitchen. He either went up along with me, or at no great distance. I left Mount Stewart house between 7 and 8 o clock on Saturday
morning. Crichton remained the whole night at Mount Stewart along with me, with the exception of some short time when he was
away for a candle. Dr Laing and Mr Young were in the house all that night. There were also the Forgandenny constable and Bridge
of Earn constable. I do not remember if there was any smoking in the house that night.
Dr Laing, Bridge of Earn - I was in Edinburgh on Friday the 30th March, and returned home by train, arriving about
9 o clock. I found Henderson was waiting on me at the station. He told me his sister had been murdered, and wanted me to accompany
him to Mount Stewart. He went walking, and I overtook him on the way, and we entered the house at 10 minutes before tea. When
we arrived there was no one in the house. We went in by the kitchen. When the kitchen door was opened, I saw the corpse lying
with the head twoards the door - the left arm extended. All but the arms and face were covered over. I went cautiously into
the apartment; felt the arm, and found it pulseless. Looked at the face, and lifted up a ribbon which was a little in my way,
and found on the cheek a wound large enough to account for death. Then I went no further. I felt that the arms and face were
cold, but not rigid. I took a general look over the apartment, but that was I did to the body. I saw a pool of blood on the
floor, and the bed-lids partly opened. I saw an axe in the corner of the room, with the handle leaning against the wall. I
saw blood upon the axe. I handled it without displacing or altering its position, and I felt the blood was moist on the blade
of the axe. I stepped over the body, carefully avoiding the blood, and looked at a basket on the table containing some things.
Superintendent McDonald arrived, as far as I recollect, about half-past twelve. Everything was then examined. The only further
examination at that time of the body was regarding the heat of the body. About 25 minutes past one we examined it thoroughly,
and thought it to be quite warm. We looked over the room after McDonald came. Dr Absolon reached Mount Stewart between four
and five the same morning. We made a post-mortem examination that forenoon. We could not do it sooner, as he came without
a warrant from the Sheriff. Dr Laing here read the result of the post-mortem examination, which was as follows:
We, the undersigned, do hereby certify on soul and conscience, that, by virtue of a warrant granted by Hugh Barclay,
Esquire, Sheriff-Substitute of Perthshire, we, this day, within the Farm House of Mount Stewart, in the Paris of Forgandenny,
and County of Perth, examined the dead body of Janet Henderson or Rogers, aged fifty or thereby.
Externally, on examination, we found the face and head besmeared with blood, with ecchymosis of the left eye and temple.
On the extended ear, on the right side, there was a contused wound of irregular shape, which divided the cartilages, and immediately
behind the ear another contused wound an inch in length, which penetrated to the temporal bone. On removing the hair, which
was matted with coagula, seven wounds wer found on the upper part of the scalp; one in the very centre of the head, five inches
in length, stretching in the antero-posterior direction. An inch and a half to the left of this wound were another two running
parallel to it, one three inches and the other one inch in length. On the right side of the central wound, opposite its middle,
at the distance of one and a half inches, and also parallel to it, another one inch and a half in length; and at the posterior
extremity of the same central wound, and passing it in a line transversely across the right side of the scalp, three smaller
wounds, only separated from one another by slight bands of internements. These wounds were all filled with coagulated blood,and
the scalp was separated to a considerable extent from the skull.
On removing the scalp a fracture was observed passing transversely across the anterior portions of the parletal bones;
there was also sangtaneous infeltration of the cellular tissue in the form of large irregular patches all over the head. Ont
he right temple and right side of the occiput there were severe contusions of the scalp, with laceration of the soft parts
underneath.
On removing the skull cap and the membranes of the brain, a large quantity of extravasated blood was found on the surface,a
nd filling up the spaces between the convolutions of the brain. On lifting up the exterior portion of the brain a tumour the
size of a hazelnut was found embedded in its substance, as if in a mould, and adherent to the dura mater, at a point corresponding
with the outer extremity of the lesser wing of the spehoid bone. On removing the brain the porous portion of the of the right
temporal bone was found fractured and driven in; the fracture extending across the base of the skull, and joining that already
described as passing through the parietal bones, completed the cuircumference of the cranium.
The brain was healthy.
The lungs and heart were also in a healthy condition, and the latter organ was entirely empty. The stomach, liver, kidneys,
large and small intestines, presented a healthy appearance. The gall bladder was distended, and contained twenty eight gallstones,
varying in size from a barley pickle to that of an ordinary sized marble.
We are of opinion that death was caused by the injuries above decribed.
That is a true report. The injuries described in the the report are, I think, such as would have been caused by the axe.
From the injuries described death would be instantaneous. From the state of the body, it occurred to me that it must have
been about the middle of the afternoon when the deed was committed. I cant positively say an hour, but any time between dinner
and tea. I would say about three o clock. I dont think it could have been committed so late as seven oclock. I saw Crichton
during the course of that night. I thought him to be unnaturally quiet. It struck me he was not at all interested in the conversation
that was going on. The next day, at the request of the authorities, Dr Absolon and I made an examination of the clothes worn
by Henderson and the prisoner. Hendersons outer and inner clothing seemed to be only remarkable for having been worn for a
considerable time. I saw no marks of blood of any description upon them. Crichtons clothes were examined immediately after
Hendersons, and we obderved the very opposite in his - all his clothing, in and out, being clean. I thought they looked as
if they had never been worked in. I saw no trace of blood upon Crichtons clothes. I observed some blood on the four walls
of the kitchen. From the blood on the walls, the person who killed Janet Henderson could not possibly have avoided having
blood on his clothing.
(The witness here identified the axe as the one he saw in the kitchen.)
Cross examined by Mr SCOTT - I had not seen Crichton before that night. He was there at Mount Stewart house all night.
By a JURYMAN - There was a trace of food on the stomach. I cant say positively what it was - whether it was dinner,
or what it was.
By the COURT - When my attention is called to this, I cannot say anything about it. All I saw was a pulpy mass in process
of digestion, but we made no further examination. I could not form any opinion whether digestion had long begun. I saw nothing
to account for death except the injuries on the head. I have no doubt whatever that these injuries were the cause of death.
I am satisfied in my own mind that death could not have occurred after six o clock in the evening.
By the ADVOCATE-DEPUTE - The clothes examined by us were the same clothes worn by Henderson and Crichton, the prisoner
and Henderson beng both under arrest that night.
Dr Absolon, Perth, generally corroborated the former witnesss statements. Hendersons clothes were all perfectly clean,
but apparently had been worn for some time. There were no marks of blood upon them. The body must have been ten or twelve
hours dead before he saw it. He arrived there between five and six in the morning. He could not say to the hour.
Superintendent McDonald, Perth - I got information of a murder at Mount Stewart on Friday, 30th March, 1866. I arrived
at Mount Stewart about 20 minutes before one o clock.on Saturday morning. I had a conversation outside with Dr Laing before
I entered the house. I went into the kitchen, and there found a dead body extended over the floor, covered with blankets.
On examining the kitchen, I found an axe covered with blood, and a large pool of blood about the head of the dead body. On
the fire there was a boiler containing about two quarts of water. The boiler would have held about double that quantity. The
fire was not burning. There were the remains of a cooked egg at the back of the fire. On a table there was a paper containing
about two ounces of snuff. There was also a long narrow paper bag on the table, marked with blood. There was a basket on the
table containing a smaller bag, also marked with blood. Between the body and the bed there were a pair of womans boots marked
with blood.Under the bolster there was a tobacco-pipe and a tin lid for the same. The pipe was in seven pieces. (Identified
the pieces of pipe and the tin cover.) There were some egg-shells on the corner of the dresser. Saw a chest in the bedroom
downstairs, which had been broken open. Several drawers in a chest of drawers had also been broken open, and in one drawer
the point of a pair of scissors was sticking, and the broken scissors were found on the dresser. (Identified the scissors.)
Saw no marks of blood except in the kitchen. On Saturday, 15th Dec, I, along with Constable Cameron, apprehended the prisoner
near Dunfermline. Charged him with the murder, and he said - Well, well. On searching the priosner, found a gold watch, a
small bunch of keys, a pipe, a box containing tobacco, and twopence in coppers. While at Mount Stewart on the night of the
murder I gave instructions that the prisoner and Henderson should be looked after.
By Mr SCOTT - When I first went to Mount Stewart House there was only a candle burning. The prioner was there, and
he went to his own house for a lamp. He carried in coals during the night. He did not appear to be agitated. There was nothing
suspicious in his conduct. Only he considered that Henderson and he were the only perosns who had the chance to commit the
crime. On the way to Perth from Dunfermline Cameron took a smoke, and the prisoner took a few draws.
Lord DEAS - Did the policeman smoke in a railway carriage? (Laughter.)
By Mr SCOTT - The prisoner spoke a good deal on his way to Perth. He named the stations and gave a description of the
district. There were bills issued offering a reward for the apprehension of the murder. Some of these bills gave a description
of a man said to have been seen about the place.
George Gordon, Chief Constable of Perthshire - I arrived at Mount Stewart on the morning of 31st March. Made a search
along with Superintendent McDonald. There was no money found. He corroborated Mr McDonald as to the finding of the pipe, &c.,
and as to the state of the premises.
Alex. Cumming, police constable, went to Mount Stewart on the evening of the murder, a little after ten o clock. Went
in consequence of information given by Henderson. On 21st July, 1866, Henderson gave me the key of the back-door of the house.
He said he got it in a sink at the kitchen-door the same day. Henderson did not give me a lock which had been taken off the
door. (Identified key.)
Jean Hally, wife of James Barlas, remembered Friday, 30th March. When she came down from Mount Stewart she saw Crichtons
wife had been washing. She thought they were like mens clothes. The next day she saw a jacket and vest drying on the hedge
behind the house, and a pair of mens trousers on the green. Was in Mrs Crichtons house on the Friday forenoon before I went
to Perth. Mrs Crichton was not washing then, nor did I see any signs of washing. I remember Christina Miller coming to stay
at Crichtons. I did not see her till the Monday after the murder. She left Crichtons the Saturday following. Christina Miller
asked with me that day for the change of a pound-note, but I could not give it to her.
Cross-examined by Mr SCOTT - The day before she went to Perth was a Fast Day for the Cattle Plague. I saw Crichton
going away to the church. He had on dress clothes. I dont remember seeing him that night again. I saw no other clothes than
a jacket, vest and trousers bleaching. The trousers lay on the green till Monday. I dont know of Mrs Crichton having any set
time for washing. On the Friday before I went to Perth there was a Mrs Reilly in my house. This was about eleven o clock.
She left my house not long after eleven, and I did not see her again.
By the ADVOCATE-DEPUTE - Crichtons clothes, when I met him going to church, were a kind of grey colour. They were not
moleskins.
Christina Miller, lately servant to Robert Smith, farmer at Taphead, and presently a prisoner in Perth prison - I was
a servant at Mount Stewart in March, 1866, with Mr Henderson. I was the only servant in the house. I dont remember when I
went there. I left about a week or more before the murder. When I left on Thursday I went home. I left Mount Stewart about
twelve o clock noon on that day. I took my chest out of the farmhouse, and left it at Crichtons. I did so before twelve o
clock noon. I then went to my mothers at Blackford. I walked there, and I arrived at my mothers house about ten o clock. I
cannot say how far it is from Mount Stewart. I left my mothers the Saturday week following. I went to the ministers of Aberdalgie,
and remained there all night. I went to Crichtons house on the Sunday night. I got there between 6 and 7. I was told of the
murder on the Saturday night at Aberdalgie Manse. This was the first I heard of it. Crichton told me about the murder also.
I met him on the road that turns up to Mount Stewart before I got to his house. Crichton said it was a sad business this murder
that had been committed since I left. He said it was the master that had done it. He had been a long time ere he came to his
house after aftre he got home, and he thought he had done it in that time, before he came down to him. He did not say anything
else at that time. I remarked that it was just as like the master to do it as any other person. I stayed in Crichtons till
the next Friday. There are two beds in the kitchen in Crichtons house. Crichtons wife and I slept inone of them. Crichton
and one of his boys slept in the other. His name is James, and is the second oldest. He was the oldest of the two boys at
home. I heard Crichton and his wife speaking about the murder. I used to go to bed before Crichton and his wife. The first
night I heard them talk of the murder was on Wednesday night. I could not say how long I had been in bed that night before
I heard them talk about it. I had been sometime in bed. On the Wednesday night he said if it was found out that he was the
murderer he would be hanged for it. That was all he said, and his wife said in reply, What will become of me and the family
if you are hanged for it. He said nothing to that that I heard. I heard nothing more that night. The next night I was again
in bed first. They were both sitting at the fire. That night he again said if it were known that he had committed the murder
he would be hanged for it, and his wife again said what would become of the family and her , as they would not get lived with
the people. I heard nothing more that night. Crichtons wife told him to take care of his words before me, in case I should
pick up any of his words. This was on the Thursday night. Crichton replied that he would take care of what he said. I never
told this till the Procurator-Fiscal came to me. That is more than three months since. When I was in service at Hendersons
I have seen Crichton smoking. I remember of taking his pipe one day to get a smoke. I asked him if he would give it to me,
and he did so. It looked as if it had been smoked for some time. I cannot say when I got the pipe. It was a common clay pipe,
with a white iron top. (Shown pipe.) I cannot say that that is the pipe, but it had a top the very same as that. The pipe
was rather darker in the colour, I thought. I could not say positively that is the top of the pipe. When I got the smoke from
Crichton the shank of his pipe was broken. I got this smoke from him at the steading. This was before the murder. I gave him
back the pipe. I am quite sure of that. On the Sunday after the murder, when I came back to Crichtons I saw him smoking. He
was not smoking the same pipe. It was a new one he had. There was a top on the pipe too, but it was not so old-looking as
the top I saw before. It was not the same as was on the pipe I smoked. It was newer. After that I got the loan of four shillings
from them. That was on the Saturday I left. I left my chest there. It had been there ever since I left Mount Stewart. I left
my chest with them until I could get another place, when I would return and pay them the four shillings, and get my chest
away. When Mrs Crichton gave me the four shillings she had no more white money, but she had some pounds in her hand, but I
dont know how much. They were in a purse, and I dont know how many there were, but I am sure there was more than one. When
I returned to Crichtons I saw no coloured pipes in his house.
Cross-examined by Mr SCOTT - I got Hendersons place in a register office. I went to Perth on Wednesday to Mrs Lockersies,
to see if I could get more quietness to do my work. I got back that night at ten o clock. I cannot exactly say when I left
Perth. It was almost dark in the evening. I met a man I knew on the road coming home. He was an Irish chield. I met him just
as I was turning the road out to the Edinburgh Road. He and I went to Mount Stewart together. He just accompanied me there
because it was dark. We did nothing after we went there. I went to the door to see if I could get in, and he waited; but the
door was locked. I knocked at the door, but got no answer. Because Henderson would not let me in, I went to the byre to sleep
till morning. The chield went into the inside of the door. He did not sleep there. He went away back to Perth. I cannot say
when he went away. It was a good while before six o clock in the morning. He did not stand at the door all night, because
he was not all night with me. He did not stand all the time he was there. I dont remember his name just now. I told the agent
for the prisoner his name before. Was the name Higgin? Yes, his last name was Higgin. The last time I heard of him he was
in Edinburgh. I dont know where he is now. It will be about three weeks ago since I told that gentleman the mans name. I saw
Henderson that day I left Mount Stewart. I went to the foremans house in the morning, and remained there till prisoner came
and told me that Henderson wanted me. I left Hendersons because I could not get any meat, and he was always wanting into me
after I was in my bed. I locked Henderson into one of his rooms once for a great part of the day. I took up the tongs to him
once or twice. Wednesday night and Thursday night were the principal nights on which I heard Crichton talk about the murder.
I heard them talk about it a little on Tuesday. He said that night that he hoped it would not be known that he had done it.
This was after I was in bed. The boys were always in their beds first - James with his father, and the young boy with his
mother and I. I cannot say how long James was in bed before me on Tuesday night, and all the time I was there. The first place
I went to after leaving Hendersons was to Mr Scotts, Cargill. I never heard of the reward that was offered for the discovery
of the murder. The first time I heard of it was when I was called on. I was then told if my words proved true, I would be
rich; and I understood by this that a reward would be given. This was after I was examined. This was in the Fiscals office
at Perth. I got a written summons to attend there. When I got the sumons I was in service with Mr Smith, Tophead. A policeman
brought the summons to me. When I went to Perth I met a soldier named Smeaton. I slept with him for two nights, and never
went back to my place. I told him what had been told to me in the Fiscals office that I was to be rich.
By a JURYMAN - For what purpose did ou go to Mount Stewart on the Sunday after the murder. I went back
to the house that night because I thought I had left a shortgown there. I saw Henderson there. I went into the bed where I
slept to look for my shortgown, but I did not get it.
John Sinclair, shepherd, Caltucher - Remembered the day on which Mrs Rogers was killed. Knew the farm
at Dambouls. It adjoins Mount Stewart farm. Was looking after the sheep on the farm of Dambouls that day. Saw a man at the
plough, but could not say whether it was Crichton or not. He would be about 300 or 400 yards off. I saw him ploughing there
between 10 and 11. I never saw him again that day. He appeared to have on darkish clothes. I was back that night at the same
place. Left there about twelve. It would be about five o clock at night when I came back there.
Cross-examined by Mr SCOTT - The man appeared to have on a jacket or something, but I cannot say what
it was - whether it was cloth, or moleskin, or corduroy.
Jessie Hutton or McNeill, wife of John McNeill, farm-servant, Gallamuir, remembered the murder of Mrs
Rodgers. Was at that time a farm-servant at Brixton Howe, a farm adjoining Mount Stewart. Was in thr backyard on that farm
that day between half-past twelve and a quarter to one. Saw a man ploughing at Mount Stewart. I was far away - perhaps about
500 yards across a park. He was dressed in dark clothes.
Cross-examined by Mr SCOTT - He had on a jacket. His back was turned to me, and I only saw him a short
time.
Archibald Harris, Pitkeathly - His father occupies the farm of Southfield. A field lies between it and
Mount Stewart. He knows Crichton by sight. Saw a man ploughing in a field that day at Mount Stewart, between four and five
o clock in the afternoon. He was dressed in light clothes. He remarked to his wife that Crichton was as white as a doo on
the hillhead.
Cross-examined by Mr SCOTT - I might be a quarter of of a mile or so off, but I cannot say. There was
a shower of rain that day, but very slight.
By the COURT - I would call it a good day.
Janet McNab, Old Monzie - I was in the employment of Henderson at Mount Stewart for about a month. I left
about a month before Mrs Rodgers death. I know Crichton. He was a ploughman, and smoked, but was not a heavy smoker. I cannot
say whether he carried a pipe.
John Robertson, grieve, East Dron - The priosner was in Mr Richardsons employment from Martinmas, 1864,
to the same date, 1865. I was then grieve. He left then to go to Hendersons at Mount Stewart. During that time I saw him every
day. He smoked and carried a pipe.
James Deas, grocer, Bridge of Earn, knew Crichton by sight. About a week after the death he purchase some
tobacco from him. On the night of the murder Henderson called at his shop. He had a horse and cart with him. Bridge of Earn
is about two miles from Mount Stewart.
Robert Dewar, son of Duncan Dewar, clothier and grocer, Bridge of Earn - Crichton had come to his fathers
shop, and he had sold him tobacco. This was at the time he was at Mount Stewart.
Cross-examined - I have sold him tobacco two or three times. Each time half-an-ounce.
Ann Winton or Williamson - Crichton came to her shop on the night of the murder, between ten and eleven
o clock. He came for candles. Had a conversation with him. He said it was an awful job that had happened to Mrs Rodgers. Asked
if he saw no one speaking to her that day, and he said he saw a man speaking to her about 11 o clock. He took him to be the
master - meaning Mr Henderson. She said that Henderson was past towards Perth by this time, and Crichton answered he was not
so sure as to the time of day. She saw Henderson that morning; it would be nearer ten than eleven. Crichton had on white-washed
clothes.
John Cameron, Parochial Board officer, Perth - I was on duty at Mount Stewart at the time of the murder.
On the Wednesday after the murder I was there with the Procurator-Fiscal. I was standing outside the door, and Crichton joined
me. He said to me he did not smoke. I came to Perth from Dunfermline with him, and while smoking in the carriage he asked
a smoke from me, and I gave the pipe to him. I said that I thought he did not smoke. He said he took a smoke at times. He
gave me back the pipe.
By Mr SCOTT - I took off Mr Henderson's body clothes. She had no ring on her finger. When bringing him
to Perth he talked very little.
John Fraser, farm-servant, Balbeggie farm - Knew Crichton. On the Sunday after the murder he left the
house to go to Mount Stewart. He went as far as prisoner's house. I met him, and he asked me to go to his house to have a
smoke. Witness smoked his own pipe, and prisoner smoked his. Crichton's pipe, as far as he could judge, was a new pipe - a
day or so old. The pipe prisoner was smoking had no top, so far as witness saw. Remembered two or three weeks after being
engaged ploughing in a field next to Mount Stewart. Prisoner was ploughing in the next field. Asked from prisoner a light
of his pipe, as he had forgot matches. Prisoner replied that he did not smoke, but would give him snuff. Did not say anything
to that, although he thought it a little strange. A day or two after that he met prisoner in the field, and said something
about the murder. Said that people were blaming him (the prisoner) for the murder, because Henderson had not time to do it.
Prisoner replied-Time! Time! you b----r, he had time to commit six murders.
Cross-examined - Crichton said at that time he did not give a d--- what people said as long as he had
a clear conscience. Have seen Crichton smoking in the field.
Alexander McCathie, blacksmith, Glenearn, was at Dron Church on Cattle Plague fast-day, the day before
the murder.Prisoner was there. He walked home with him part of the way. The day was blowy, but dry. Crichton was dressed in
dark clothes. They seemed to be his Sunday clothes.
Christian Gormack, Westmill - On the day of the murder her father left the house after three o'clock to
go to look at a horse at back field of Dunbarney. Mount Stewart lies on the road to the place. My father would take about
twenty minutes to go to Mount Stewart. He told her that he had seen Crichton that afternoon yoke his horses to the plough.
He did not say what o'clock it was when he saw him. He was surprised at seeing Crichton go so late to his work. Her father
had since died. It was in September last his death took place.
George Mearns, Inspector in the Perth City Force, had searched a cesspool at Mount Stewart House on the
morning after the murder, in front of the kitchen-door. He searched it with a small spade, which he put to the bottom different
times, but found no key there.
Cross-examined - I did not empty the cess-pool.
The prisoner's declaration was then read, and was in the following terms:-
At Perth, the 17th day of December, 1866, in presence of Hugh Barclay, Esquire, Sheriff-Substitute of Perthshire. Compared
a prioner, who being duly cautioned and examined, declares - My name is James Crichton, and I am a ploughman presently at
Brucefield, near Dunfermline and I am aged 44 years. I was servant to William Henderson, at Mount Stewart, parish of Forgandenny,
for the six months between Martinmas, 1865, and Whitsunday last, 1866. I was the only male servant on the farm, and Henderson
kept one female servant, but he had seven in succession during the time I was there. The female servant resided in the house,
as did Henderson himself. I resided in one of the Linlea Cottages, which were five or six hundred yards from Mount Stewart
farm-house. The cottages are not within sight of the farm-house. The last female servant who was with Henderson before his
sister came was Christina Miller. Hendersons sister, a Mrs Rodgers, came to his house after Christina Miller left. Mrs Rodgers
came on Wednesday night previous to her death which happened on the Friday thereafter; and it was in the month of March, but
the day of the month I do not recollect. On said morning I saw Henderson, but did not see his sister. On that morning, about
eight o clock, Henderson came to me while I was in the westmost field, which is that next Dumbowls. Henderson told me that
he was going to take one of the horses to Perth, to bring out some nitrate of soda; and he told me to lift up a bit of pailing
which was on the headridge,a nd between the two fields, and I had to plough the headridge, and had thus to take down the pailing.
About ten o clock, I thought that I saw Henderson and his sister standing between the house and the court at the steading.
I was then in the field. The house can only be seen from a little bit of said field. I continued to work in said field until
before twelve oclock, and till half-an-hour before that hour. I then went into the next field to the east, and which is nearer
the farm steading. I continued to plough in that field until twelve o clock. I then loosed my horses, and, after putting them
up in the stable I went home to my house to dinner. Between the time I thought I saw Henderson and his sister in the morning
and arriving at home I had not seen the sister again. I saw no person passing or about the farm steading during that time.
When Henderson left in the morning he did no say when he was to be back. When Henderson went to Perth he had no fixed time
of returning. He was sometimes later than others. It would be a little past twelve o clock before I reached my own house for
dinner. I could not tell whether the back door was open or shut when I went to dinner. In the forenoon I had on white clothes.
These consisted of a moleskin jacket and vest, and corded trousers. I put on these clothes clean the previous day being
the fast day appointed in connection with the cattle plague. I changed my clothes upon the Thursday because those I had on
were wet and torn, and my wife was going to wash either on the Thursday or the Friday, having got some clothes from my son
David, who was then a servant at Leadmore, but who is now at home with us. On the Thursday I was ploughing in the above-mentioned
field, and I got then wet; but still more, my trousers were torn. I was at Dron Church on the afternoon of the Fast Day, and
had on my Sunday clothes, which were dark in colour; and on my return I put on my clean working clothes, and I worked with
these about the cornyard in the evening. On the Friday after dinner, and at two o clock, I returned to my work. The whole
time between twelve and twqo o clock was spent in my own house. I went first to the stable and harnessed a horse to a cart,
and brought the pailing from the headridge to the steading. In doing this I would be occupied half-an-hour, or nearly an hour;
but as to this I could not say. I then took out another horse, and returned to the ploughing in said field. I was not during
all this time in or near the farm-house, neither did I see Mrs Rodgers or any other person about the house. I did not observe
whether the back door of the house was open or shut. After I began again to plough I saw one man passing down the foot road
from Dumbowls which passes through between the farm-house and the steading. This man I did not know. He was a middle-aged
man, and he was dressed in dark clothes. I think this would be after three o clock, and after I had yoked the horses to the
plough. The dog barked at the man, and followed him into the field below the one I was in, but above the steading, and the
dog then came back to where I was. I worked in the same field all that afternoon until seven o clock. I then came to the steading
and put up my horses. Henderson, my master cam home whilst I was in the stable. He called on me to give him a lift with a
pig from his cart. I helped out with the pig, some slates, and the nitrate of soda. Henderson loosed the horse, and put it
into the stable himself - a thing which he never used to do. Henderson also locked up the stable and took away the key but
I had gone down to the house before he left the stable. I was in use to take the keys into the house,a nd that night I took
down the barn door key, but I found the back door of the house shut, and I therefore went back and put the barn door key in
the ring which held the stable door key, as I did not know but what Mrs Rodgers had gone to Perth with her brother. I did
not observe a key in the outside of the back door, and I found it was locked. That door is generally locked from the inside,
and the key kept in the inside. I did not tell Henderson that I had found the back door locked, as it was often so, and I
did not know but he had taken the key with him. About half-an-hour after I was in the house, Henderson came down. He asked
me if I had seen his sister. I said no. He said that his sister had not been very well, and he saw her clothes in at the window,
and perhaps she was in bed. He said the she expected to have a letter from Dr Henderson of Perth, and that if she had left,
he thought that perhaps she might have left the key of the door with me. This was all that passed, and he then returned up
towards the house. About ten minutes after he left, the son of James Barlas, mason, who resides next cottage, came to me and
told me that Henderson, and his father, and his mother were away up to the house, as Henderson thought that his sister was
either dead or murdered. I then put up my boots and went up to the house. I found Mrs Barlas outside, and I did not go in.
I was not in the farm-house of Mount Stewart on said Friday, and did not see Mrs Rodgers there, or inflict any injury on her.
Neither did I take any money or any article from said house. I had no pound notes said day, but I asked Henderson for £1 that
morning, which I got from him a day or two after. My wife had no pound note at that time, nor until I gave her the one pound
note which I got from Henderson. I am not in the habit of smoking and I had not tobacco pipe in my possession on said Friday,
and I had no tobacco pipe for weeks before said Friday, and I never use a tobacco pipe. I never was in the habit of smoking,
and I never used a tobacco pipe. I never offered Christina Miller a tobacco pipe to smoke, or give her such pipe, and I had
no tobacco pipe in my possession during the time that Miller was in Hendersons service. I got no tobacco pipe, and had not
tobacco pipe, until sometime in summer last, when I was residing at Pottiemill, and when I was advised to smoke tobacco to
relieve me from toothache, and I have not used it since then. I did not chnage my shirt on the Thursday nor the Friday. The
clothes I was wearing on the Friday and Saturday were the same as I put on the previous Thursday after coming from church.
I had put on a clean cotton shirt on the Sunday previous, but I am not sure whether I then put on a clean flannel shirt underneath.
My wife washed the clothes I took off on Thursday afternoon on Friday and I saw her at the washing when I was down at my dinner
on the forenoon of that day., and I suppose she had continued washing after I had returned to my work. I did not get my clothes
at all dirtied on Friday forenoon or any time that day. The shirt I had on Friday I exchanged for a clean one on the Sunday
after, but cannot say whether I then changed my under flannel, but which must have been changed on that Sunday or the Sunday
before, as I change it once a fortnight. On the forenoon of the said Friday I got a hare in a girn, which I took home. I do
not know when my wife changed the pound note I gave her. I had no set place for getting my provisions. I got them sometimes
from one and sometimes from another, and I always dealt in cash. Henderson and I were not on good terms. I never had any quarrel
with Hendersons sister, and indeed I did not know her to be his sister, and thought her only a servant. I only spoke to her
in passing, and I had no quarrel with her about milk, and indeed there was no milk in the town for three weeks or a month
before. There were some cattle on the farm at the time, and I fed them when there was no female servant to feed them, and
which was a part of her duty. On Thursday either Henderson or his sister fed the cattle. On the day that Christian Miller
left, Henderson bade me take down her chest to my house, which I did, and she came for it on the Sunday after Mrs Rogers death,
when my wife bought the chest from her. Miller stopped in our house from the Sunday till the Friday after when she went to
a place. Miller slept during that time in our house. Miller slept with my wife, and I slept in another bed in the same apartment.
We had two children at home at that time. The eldest was a boy going in thirteen years of age, and the other a boy going in
five years of age. I saw no person about the cottages when I went down to my dinner on said Friday. I was not in the habit
of using tobacco during the time I was in Hendersons service, and I got no tobacco either shortly before or after Mrs Rodgers
death, but I was in the habit of using snuff, and carried a snuff-box. Eleven words deleted. (Signed) JAMES CRICHTON.
WEDNESDAY, 10th April
The Court resumed its sitting this morning at ten oclock, and sometime before this the Court was crowded with an eager
and excited audience. The prisoner when brought into the dock still preserved the same stolid indifferent air as evinced by
him during the whole of Tuesday.
The first witness called was
John Young, clerk to the Procurator-Fiscal, Perth - I know Christina Miller. She has been a prisoner in Perth Prison
since 6th or 7th January. She was imprisoned because we had received information that she was about to proceed to America.
She was detained by a warrant granted by the Sheriff-Substitute of Perthshire to give evidence at this case.
This concluded the evidence for the Crown.
The first witness called for the defence was
Betsy Reilly, or McKechnie, wife of John McKechnie, hawker, South Street, Perth - On the day of he murder I passed
Mount Stewart in the course of my business. This was about half past eleven oclock. There is a road to Dambouls past that
farm, and I was going that road. I was going by a near cut. Before I came to Mount Stewart I saw the mistress and a man. She
was evidently in a passion, and had a large shovel in her hand. The man was standing to her right side. He was a low-set man.
I mean by that a short man. He had on either a blue or black frock-tailed coat, and either dirty moleskin or dark grey trousers.
He had a cloth bonnet on, and a snout on it. I spoke to the woman. I had never seen her before. They were standing about twenty
yards from the kitchen-door of the house. I asked if she required anything to-day, and she said no, and I passed on. I asked
if she had got any rags, but she said no, and I passed. I then went to Dambouls. I would take about 20 minutes to go there.
I arrived at Dambouls about twelve. I afterwards informed the police of what I had seen.
Mary Donaldson, wife of John Ritchie, East Dambouls - I know Mrs Reilly. I remember the day of Mrs Rogers death, I
remember of Mrs Reilly coming to our house that day a little before twelve. She did not stop any time in my house, but I spoke
to her. She might take between ten minutes and a quarter of an hour to come to my house from Mount Stewart, as she had a heavy
basket.
James Crichton, aged 13, son of the prisoner - I remember when Mrs Roger was murdered. I was at home that day. The
day before was a Fast-day. My father was at the church that day. I saw him when he came home from the church. He was wearing
his Sunday clothes, and when he came home he put on a pair of clean corduroy trousers. He did not put on a clean waistcoat
that day at all. He did not put on a jacket that day when he came home. The first time I saw my father on the day of the murder
was coming home for his breakfast. He had on clean trousers and a sleeved waistcoat. The waistcoat was dirty. He had no jacket
on. The waistcoat had a moleskin back and a velvet breats. He came home to his breakfast about seven, and went out a little
past seven. I saw him next about twelve oclock, when he came home for his dinner. He brought a hare home with him. He was
all clean at that time. He went out again about two. He was in the house all that time. When he went out at two he had the
same clothes on. My younger brother went out with him at that time. He is about five years of age. My father returned home
that night a little past seven. My mother was washing that day. I dont know what she was washing. I saw some of my fathers
dirty trousers that day before she washed. They were his working trousers. They were in the closet. I mind of Christina Miller
coming to our house on the Saturday after the murder. She slept in the kitchen with my mother. I mind on the Tuesday after
that going away with Christina Miller for a pair of boots. Miller was going to the Dron to see if she could get work. She
was back first. I got back at night. I dont remember at what oclock. I saw Miller that night after I came back. She was sitting
at the fire. My mother was in her bed. My father was not in bed.
By the Court - It was dark before I got home. The boots were not ready when I went, and that is why I stayed till it
was dark. I went for them to William Gardiners, a shoemaker at Beautyfield. The boots were for myself. The boots were ordered
before. I dont know how long I would take to go to go to Beautyfield. I dont know how far away it is. It would take me about
an hour to go. It was dark before I left Beautyfield. I dont remember how long it was dark before I left Beautyfield. It was
a good while dark before I left Beautyfield. I cant say how long. I dont know what oclock it would be when I got home. I have
no idea. I dont know when my mother went to bed, as she was in bed before I came home. I dont remember how long I was in going
to bed after getting home. I dont remember who went first to bed after I came home. I usually slept with my father. I did
so that night as usual.
James Winton - I am a railway labourer. In December last I was working in Brucefield. At that time I gave the prisoner
my tobacco-box. I dont recollect whether he asked it, but I gave it to him. [Shewn a box] That is very like the box. I gave
him the box to clean. He had some sand paper, and he was going to clean it. I am almost sure that is the box.
Cross-examined - I dont remember how long I had the box before I gave it him. I dont recollect where I got the box.
I cannot tell whether I bought the box, got it in a presenet, or found it. I never got the box back again, because I left
the place, and Crichton was apprehended. I dont mind what day it was I gave him the box. It might be a day or two before I
left.
By the COURT - There was tobacco in the box when I gave it to him. I could not say whether it was full or not. I paid
no attention at the time.
Thomas Marshall, manager, Stanley Provision Store - I know the late Mrs Rogers. She was in the habit of coming about
our shop. She bought snuff from me.
John Ritchie, Dambouls - I am a labourer at Dambouls. I recollect the day of Mrs Rogers death. I know Mount Stewart
farm. I saw a field with a paling to the south-west of the house at the time of the death. I saw the paling. I think it would
take a hour and a half to go from Mount Stewart steading and harness a horse and cart, and go to the field and take away these
stobs, and go back to the steading and unharness the horse again.
John Smeaton - I reside in Auchterarder, and was for ten years a soldier. I was discharged in Jan. 1865. I have got
no pension, but get money from Major Boyd. On 2nd JAnuary last I mind of being in Perth to get that money. I saw Christina
Miller there that day. I know Christina Miller. I met her in South Methven Street, between ten and eleven oclock in the forenoon.
At that time she did not say anything about the Mount Stewart murder. I met her again that day after she had been to the Procurator-Fiscals
Office. She said she had been in for examination in connection with the Mount Stewart murder, and that she was to get the
reward. I said she would not get it, and that was all that passed in regard to it.
Andrew Barlas, aged 14, son of James Barlas, mason, remembered the day of the Mount Stewart murder. Mrs Crichton was
washing that day. First saw her washing before witness took his dinner. Took dinner about two oclock. It was a short time
before that. She was washing outside the door. Witness was in the garden when he saw her wash.
This concluded the evidence for the defence.
(Continued on the 4th page)
CIRCUIT-COURT OF JUSTICIARY.
THE MOUNT STEWART MURDER
(Continued from Page 3)
The Advocate Depute then addressed the Jury for the Crown
in a very poor speech, followed by Mr Charles Scott for the prisoner, in a speech of great clearness, cogency, and eloquence.
Lord Deas summed up remarkably dead against the prioner; after which, the jury withdrew. They were absent about twelve minutes,
when they returned into court with a verdict of NOT PROVEN, by a majority. The prisoner was accordingly acquitted.
The prisoner after the verdict still maintained the same
outward demeanour, and left the Court by the entrance used in bringing in the criminals.
The LORD-JUSTICE-CLERK then congratulated the Sheriffs of
Perth and Fife on the satisfactory and effective way in which the administration of the law was carried on by them, and on
behalf of the Court expressed their acknowledgments to the Lord-Provost and Magistrates for their attention to their convenience
during the sitting of the Court. He had further to commend the completeness of the arrangements, and the quiet orderly way
in which the business of the Court had been conducted, which was most satisfactory to them. To the Lord-Provost and the noblemen
and gentlemen of the county they were much indebted. The Court-house and its accessories were so constructed as to afford
every facility for the convenient and rapid despatch of the business of the Court, independently of the convenience to the
jury and witnesses, the effect of which had been to save much valuable and judicial time. He had to express his own satisfaction
with the arrangements of the Court-house, and had to add the testimony of his brother, Lord Deas, whose experience in these
matters was much greater than his own, that the Court-house in which they were sitting was one of the best in the country.
(Applause.) His Lordship having thanked the jury for their attention, the business of the Court was declared to be concluded.
[We regret that, from other demands on our space, we are
this week unable to give even an outline of the speeches of counsel, or the summing-up of Lord Deas. - Ed. P.J.&C.]
A summary of the trial was also carried in the Times of
London on April 11th 1867.
The Times, April 11, 1867 (page 12)
THE MOUNT STEWART MURDER.- At Perth Circuit Court, on Tuesday, before
the Lord Justice Clerk of Scotland and Lord Deas, James Crichton, a ploughman, was charged with the murder, on the 30th of
March, 1866, of Janet Henderson, or Rodgers, within the farmhouse of Mount Stewart, Strathearn, Perthshire. The deceased,
who was an aged woman, wife of James Rodgers, labourer, Airntilly (sic), had on the 28th of March come to the farm of Mount
Stewart, tenanted by her brother, William Henderson, to keep his house till he could get a domestic servant in room of Christina
Miller, who had left. On the 30th, Henderson went with his horse and cart to Perth, and was absent from 10 in the morning
till 8 at night, and the deceased was the only person in he house. On his return he found the prisoner Crichton waiting at
the stable, and Crichton assisted him to unload and put up the horse. Henderson then went to the house, but could not get
in. He then followed Crichton to his house, several hundred yards off, to ask if he had seen his sister, and was told by him she
had not ben seen since the forenoon. He returned to the farmhouse, and called for his sister at all the doors and windows,
but there was no response. At length he took a ladder, and got in by a bedroom window. He found the deceased lying dead
on the kitchen floor, covered by a heap of bedclothes. He went for some neighbours, and the same night Dr. Laing, Bridge of
Earn, and the police were sent for. Some money and clothing were discovered to be missing. The medical evidence showed that
death had resulted from a wound inflicted by an axe, the blow, to all appearance, having been immediately fatal. The walls
of the kitchen were spotted with blood up to 6ft. high, but no traces of blood were found elsewhere. The evidence which connected
Crichton with the deed was wholly circumstantial. It appears that he alone was on the farm, so far as could be discovered,
on the day of the murder; that the fragments of a pipe resembling his were found in the kitchen; that he had changed his clothes
on the day of the murder, and next day a suit of clothes were set out by his wife to bleach and dry. The only probable motive
was plunder, but the evidence tracing the stolen property to the prisoner was rather vague. The doctors were of opinion that
the murder had been committed in the afternoon. It was not till December that Crichton was apprehended, as suspicion in the
first place had fallen on Henderson, whom Crichton had accused of committing the murder on his return at night from Perth.
Henderson was, however, liberated, and a reward was issued for the apprehension of the murderer, and eventually Crichton was
taken. The evidence of Christina Miller, formerly Henderson's servant, was to the effect that, after leaving the farm, she
had remained a night or two at Crichton's, and that one night while in bed she had heard Crichton say to his wife that if
the murder was found out he should be hanged, to which his wife replied that she and the family would be disgraced, and would
be unable to live, for the people. This witness (who had been imprisoned in order to secure her evidence) deposed to seeing
some pounds in the hands of Crichton's wife, from whom she had on leaving borrowed a few shillings. Yesterday the case was
brought to a conclusion, Mr. Adam addressing the jury for the Crown, and Mr. Scott for the prisoner. Lord Deas summed up,
pointing out many strong facts bearing against the prisoner. The jury, after 11 minutes' absence, brought in a verdict of
Not Proven.
Other details about the trial can be gleaned from the
Perthshire Courier. In the account of Tuesday April 16th 1867, the
following passage gives us more information about the verdict:
The jury then retired, and after an absence of about ten minutes returned,
and through their chancellor announced that, by a majority, they found the libel against the prisoner "Not Proven". The majority,
we understand, was one of twelve to three.
And the Scots Black Kalendar,
a record of criminal trials in Scotland kept between 1800 and 1900, and first published by T. M. Tod in 1938, also documents
the case. Although listing an incorrect verdict, it does give us an insight into the arrival of the judge and jury to what
was then the brand new courthouse in Perth:
1867 April
8. At Perth Circuit Court, before the Lord Justice-Clerk (Glenalmond) and Lord Deas. The principal case before the Court
was the Mount Stuart murder charge. The accused was found not guilty.
[The judges arrived in the city on Saturday, the 6th, and put up at their
usual lodgings, the Royal George Hotel. On Sunday they attended service in the East Church. A levee was held before proceeding
to the Court on the Monday, when the present spacious Courtroom was inaugurated. The usual ceremonial procession took place
to the Court. A company of the 4th Queen's Own Hussars acted as escort, while the procession was led by the band of the 1st
Perthshire Volunteer Rifles.]

AFTERMATH
Letter from the case papers - April 1899 (JC26/1867/20)
James Crichton
murder
Tho. & J. W. Barty, Solicitors
DUNBLANE 25th April
1899
Sir,
I am favoured with your letter
of the 21st inst., sending me the whole papers in this case which
I shall not fail to return as soon as possible.
I am,
Sir,
Your
Obedient Servant
J. W.
Barty, P.F.
The Crown Agent, Edinburgh
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