Alter experiencing all the varieties of fortune to
which the life of a gambler is subject, Mackcoull, at the age of
twenty-eight, married a female with whom he had been long intimate, and
who kept a swell lodging-house. Previous to this, he had become
so notorious that the police had their eye on him in all directions, and
he now deemed it prudent to act with circumspection. He avoided his old
haunts; and being amply supplied with pocket-money by his wife, he
amused himself as an amateur pugilist, attended the houses of the fancy,
and occasionally the theatre, taking advantage of any inviting
opportunity that might occur.
Although he deemed it prudent to give over general
practice with his own hand, Mackcoull entered with great spirit into the
"receiving department." For some time he made the house of his mother
and sister the depot of the stolen goods; but this resort becoming
insecure, he converted a portion of his own house, much against his
wife's wishes, into a receptacle for articles of value. The recess
chosen for this purpose, from its having formerly been a window, he
called "Pitt's Picture," in allusion to the window taxes. This impolitic
step, as he afterwards admitted, was unworthy of an adept. "Pitt's
Picture" was discovered, and a warrant issued to apprehend Mackcoull.
All attempts at negotiations were found unavailing; and he was under the
necessity of proceeding on his travels. In the spring of 1802, he went
to Hamburg, where he assumed the name of Moffat. Here he took out a
burgess ticket—rented the ground flat of a counting-house, and professed
to be a merchant collecting goods for the interior of Germany. As soon
as he acquired a sufficient smattering of the German language, he
frequented gaming-houses of the higher order, where, as Captain Moffat
from Scotland, he is said to have played frequently at billiards with
the then Duke of Mcaklinburg Schwerin, and lightened his highness of his
superfluous cash.
While residing at Hamburg, he occasionally passed
into the interior of Germany, and visited the fair of Leipsic. Having
been at length compelled to seek safety in flight, he removed to
Rotterdam ; but here he was particularly unlucky—got into debt—and in
consequence fled to Tonningen, and from thence embarked for London. His
native city being still too hot for him, he resolved to try the
atmosphere of the north. He set sail by one of the packets for Leith,
and arrived there in September, 1805. Here, retaining his assumed name
of Moffat, he remained a few days at the Ship Tavern, kept at that time
by one Cairns. He afterwards took lodgings in New Street, Canon-gate,
where he lived very retired. He generally dined every day at the Ship
Tavern, walking down by the Easter Road, and returning to Edinburgh in
the evening by Leith Walk. In the public room of the tavern he was fond
of smoking and drinking among the masters of the smacks, to whom he
represented himself as a Hamburg merchant, who had been obliged to leave
in consequence of the French. This plausible story was generally
believed, and, affecting to be witty, he usually engrossed the whole
conversation of the room.
Mackcoull is not known to have been engaged in any
depredation till the spring of 1806, when he was detected picking a
gentleman's pocket in the lobby of the theatre. Breaking from those who
held him, he was pursued by a town officer of the name of Campbell, a
very powerful man. Mackcoull ran with great speed towards a stair which
then led from the head of Leith Street to the Low Calton, through a
close called the Salt Backet. Thinking he was about to escape him, and
having no assistance, Campbell struck him a severe blow with his baton
on the back of the head, when he fell senseless down the stair and
groaned deeply. The officer, thinking he had killed him, became alarmed,
and returned to the theatre without securing him. Mackcoull gradually
recovered, and getting up, covered with blood, went to his lodgings,
where he mentioned that he had been set upon by some drunken sailors. He
was confined for a length of time by this accident, and retained a deep
score on his forehead, which he most likely had received on falling.
In the course of the summer and harvest prior to the
murder of a man of the name of Begbie, porter to the British Linen
Company Bank, he was again repeatedly seen in the Ship Tavern, but not
subsequently. This mysterious deed was committed about five o'clock on
the evening of Thursday, 13th November, 1806. The porter was on his
return, as usual, from Leith with a parcel of notes sealed in a yellow
piece ol parchment, and was stabbed in the side, while in the entrance
to Tweeddale's Court, where the British Linen Company's Office was at
that time, and which is now the printing office of Messrs. Oliver and
Boyd. It was stated in the Hue and Cry "that the murder was
committed with a force and dexterity more resembling that of a foreign
assassin than an inhabitant of this country. The blow was directly in
the heart, and the unfortunate man bled to death in a few minutes."
Several persons were apprehended, but the murderer was never traced. No
suspicion attached to Mackcoull at the time. More recently, Mr. Denovan
investigated the circumstances of the murder, and collected many facts
which tended to throw suspicion upon him.
Mackcoull arrived in Dublin towards the end of
November, or beginning of December, following the death of Begbie. Here
he represented himself as Captain Moffat, frequented the gaming tables,
and was looked upon as a person of respectability, till detected in the
act of picking a gentleman's pocket in the pit of the theatre, for which
he was committed to Newgate, but liberated before the sessions
commenced, in consequence of the death of his prosecutor. About the end
of October, 1807, he returned to Edinburgh, took genteel lodgings in Mid
Rose Street, dressed well, and went out much in public. He associated
with many of the higher order of gamblers, and was frequently a guest at
the table of young men of fortune. He seldom went to Leith, and when met
by any of his former acquaintances, accounted for his absence by saying
he had made a voyage to the West Indies. He pretended, at this period,
to make his living by a new system of staining lamb and sheep skins; and
he had a vat or two erected at his lodgings, the better to deceive his
acquaintances. Not long after his return, the large notes, of which
Begbie had been robbed, were found carelessly laid in the hole of an old
wall in Bellevue grounds, then being taken down to make way for
building. Mackcoull had been often seen walking in this direction, and
it was conceived that, afraid to put the notes in circulation, he had
adopted this mode of restoring them. Immediately after this he changed
his lodgings, taking up his abode at a gardener's house, about a mile
distant, on the opposite or south side of the city. This movement he
accounted for on the score of ill health. Here he likewise carried his
vats, and kept up the show of staining leather; but it was observed that
he always had plenty of money and wrought very little. He was a great
favourite in the neighbourhood—smoked and drank, and joked with every
one; and all his new acquaintances were fond of the "English gentleman."
Here his wife paid him a visit, and being a well-bred woman, and dressed
in the first style of fashion, her appearance tended greatly to
strengthen her husband's credit.
At length, however, his good character was blasted.
The well-known vocalist, Iucledon, having played a few nights at the
Edinburgh Theatre, immense numbers flocked to see him, and it was
observed that Mr. Moffat was so fond of theatricals, "that although then
very corpulent, he did not care how much he was jostled in the crowd."
On one of these occasions he was discovered in an attempt to pick a
gentleman's pocket. He got off with the money, and took shelter in an
adjacent coffee-room, whither he was pursued by Campbell, the officer,
and the person robbed. He was seized and searched, but nothing found on
him, he having had time to drop the notes unperceived in the next box,
where they were found. Mackcoull was carried before a magistrate and
examined, and after nearly nine months' imprisonment was discharged.
Immediately after this untoward affair, he went to London, and remained
sometime concealed near Somerton.
In 1809, Mackoull again visited Scotland with a
parcel of forged notes, in the vending of which he was detected at
Stirling, and lodged in jail; but he contrived to baffle the magistrates
in their examination of him, and was allowed to escape. He then returned
to England, and after an unsuccessful expedition to Chester, which led
to his imprisonment and hard labour for six months, he next set about
the grand project he had contemplated while in Scotland—the robbery of
some of the banks. In company with two notorious characters, Henry
French and Houghton (or Huffey) White, who had escaped from the Hulks,
he posted down to the north. The party had previously arranged with one
Scoltock—an iron-grate manufacturer, who had supplied them on a former
occasion—to forward them a complete set of pick-locks and skeleton-keys.
On arriving in Glasgow, they took lodgings in the house of a Mrs.
Stewart, with whom they resided for nearly three months, and were
remarkably sober, keeping good hours for some time. Latterly, however,
they frequently went out at ten o'clock at night, not returning till
twelve ; and on one occasion, White (who was the working man) remained
out all night. A day or two after receiving a small box by the London
mail, Mackcoull went away for a fortnight, as he pretended, on business
to Liverpool. He had, however, been at London, giving directions to
Scoltock about a key, the model of which he took with him. On his
return, the night-work was resumed; and when all things were supposed to
be ready, the party gave their landlady a fortnight's notice, on the
expiry of which they carried away their luggage, as if going by one of
the coaches. This was, of course, a blind to prevent suspicion. Between
Saturday evening and Sunday morning, 14th July, 1811, and about eight
days after their leaving Mrs. Stewart, the robbery of the Paisley Union
Bank Office in Queen Street was effected, and notes to the amount of
more than .£20,000 abstracted. The party now posted their way to London
with great rapidity, changing Scotch notes at all the stages. On their
arrival, Mackcoull was intrusted with the safe-keeping of the plunder,
till such time as he and his accomplices found it convenient to make a
division. Subsequently, Mackcoull deposited the whole with his wife, who
lived in Oxendon Street; but it was afterwards agreed that the notes
should be lodged in the hands of Bill Gibbons, the j)ugilist.
As soon as the robbery was discovered on Monday
morning, the most active measures were adopted. The robbers were traced
to Edinburgh, from whence Mr. Walkingshaw, belonging to Glasgow, and a
city officer, set off in pursuit, following the route of the robbers all
the way. From the direction of a portmanteau—which Mackcoull had left in
charge of the waiter at Welwyn, to be forwarded by the Stamford coach to
London—aided by the Bow Street officers, the residence of Scoltock, the
smith, was soon found out, where White was apprehended, Mackcoull
narrowly escaping. In order to save White's life, and secure themselves
against prosecution, a negotiation, on the suggestion of French, was
proposed to restore the money. Mackcoull, who from the first evidently
intended to cheat his associates out of a few thousands of the spoil,
reluctantly, although with the best grace, acceded to the proposal.
Determining, however, not to give all up, he conceived a plan which
evinced no small degree of generalship on his part. This was to
negotiate through the medium of Mr. Sayer, one of the Bow Street
officers appointed to attend on the person of George the Third, who,
from his long service was believed to have some little influence at Lord
Sidmouth's office. He was besides an old acquaintance of Mrs. Mackcoull,
and the more likely, backed by a consideration, to be prevailed
upon by that lady's eloquence. The contrivance proved. eminently
successful. In his anxiety to secure the money, the agent of the bank
acted with improper precipitancy. The terms of restitution were at once
agreed to—White was forgiven, and the other two secured against
prosecution. Mrs. Mackcoull was then dispatched with the notes, which,
when counted out, amounted only to .£11,941 odds, instead of £20,000.
The agent remonstrated ; but, of course, Mrs. Mackcoull knew nothing of
the matter. Mackcoull had thus played his cards to admiration. White, in
pursuance of his pardon, was sent to the Hulks; and French, although so
enraged at the perfidy of our hero as to threaten his life, could not
accuse him without the certainty of following the fate of Huffey. The
bank was, besides, in a manner tied down; and, to make matters worse,
the officers who were at first employed, were so angry at the job having
been taken out of their hands, that they refused to proceed further in
the business.
Mackcoull now gave out that he had gone to the West
Indies; and the bank giving up hopes of his apprehension, he further
secured himself from danger by informing against French, who was seized
and transported to New South Wales. For nearly a year Mackcoull
contrived to enjoy himself in London without detection. In 1812, how-he
was seized in one of his old haunts, and, after being detained at Hatton
Garden for some time, despatched for Scotland. As he sat on the coach
heavily ironed, previous to leaving the "Bull and Mouth,'" his late
conduct having brought him into low esteem among the honourable
members of the fraternity, several of his former acquaintances stood
round jeering him. " Some of them observed that the Captain
looked extremely well after his West Indian voyage; others, in
allusion to his nose, that the convoy was about to get under weigh, for
the Commodore had hoisted Blue Peter; while all agreed that he
set the darbies and ritjfles charmingly, and that nothing was
wanting to complete his full dress but a nosegay, which he could
easily procure among the Flowers of Edinburgh." The prisoner
arrived in Glasgow on the 8th of April, 1812—was committed for trial—and
while in jail offered to put the bank in possession of £1000 of their
money, which their agent in London actually procured from Mr. Harmer,
who was then Mackcoull's solicitor. He also gave a bill for £400 granted
by himself on Ann Wheeler, his sister, with her endorsation.
Notwithstanding this implied admission of his guilt, he ran his letters
against the King's Advocate, and it being supposed that sufficient proof
could not be procured to convict him capitally, he was liberated on the
2d July, 1812.
Mackcoull now returned to London, and with great
activity set about cashing his Scotch notes. Besides employing a
confidential individual in the business, he made several journeys to
Scotland, buying bills on London in various names. On the last of these
expeditions, in 1813, having been seen by Mr. Denovan, who then
superintended the Leith Police, his motions were carefully observed.
After purchasing bills, amounting to nearly .£1000, at various banking
establishments in Edinburgh and Leith, he was again apprehended on the
5th of March, when just on the eve of sailing by one of the smacks. He
was next day examined before the Magistrates of Edinburgh ; but,-from a
belief that he could not be legally prosecuted after having " run his
letters" on the former occasion, Mackcoull was again set at liberty. His
bills and money, however—with the exception of £36 (in English
notes)—were retained in the hands of Mr. Callander, the City Clerk. That
he did not insist on having the whole of the money restored to him at
that time was probably owing to his anxiety to escape.
In October, 1813, while Mackcoull was confined in
Newgate for a breach of the peace, committed in the house of his wife
(for at that time he was not living with her), the Paisley Union Bank
obtained possession of the bills from the Magistrates of Edinburgh, on
lodging a bond of indemnity and relief; but it was not till 1815 that he
mustered assurance enough to demand restitution. He first wrote several
letters to Mr. Callander—next came himself to Edinburgh—called at the
Bi'itish Linen Company's Office, and imperiously demanded the bills he
had purchased from them in 1813. He wrote a statement of his case to the
then Lord Advocate (Colquhoun of Killermont); and, failing to procure
his interference, made personal application to the Council Chambers,
where his conduct was such as to cause the city officers to turn him
out.
Mackcoull first brought his case before the Sheriff
Court, but not meeting with success, he commenced a series of
proceedings in the Supreme Court, which lasted several years, and in
which he had well-nigh been victorious. The bank, unable to prove that
the money with which he purchased the bills was part of the amount
stolen from them in 1811, insisted, as a last resource, that Mackcoull
should be subjected to a, judicial examination. This not very
usual course was opposed; but at length, finding it impossible to resist
the Court, he made a virtue of necessity, and latterly submitted to the
proposed examination.
On the day appointed—the 4th of March, 1819—the Outer
House was crowded to excess, the cause having excited great interest.
Attended by his counsel, the pursuer appeared in due time; and
throughout the whole of his long examination, which lasted for several
days, he conducted himself with the greatest sang froid—objecting
to this and the other question; and when his replies were occasionally
so absurd and improbable as to elicit a laugh, he never failed to join
in it. The examination having closed on the 11th of the month, without
producing anything tending seriously to criminate him, Mackcoull
instantly repaired to London, to consult his brother John, who had
throughout been a useful adviser, and who was now in more request than
ever, to furnish him with one or two fictitious letters, necessary to
strengthen his averments in the Court, and which he had been ordered to
produce.
At the end of every session, Mackcoull repaired
regularly to London, and used to be seen almost every night at
Blakeman's, where he sat the whole evening, drinking half-and-half,
smoking his pipe, and entertaining the vulgar company around him
with metaphors (as he called his jokes), and caricature
descriptions of Scottish judges and lawyers—against all of whom he was
violent in his denunciations. On his last visit, feeling assured of
success, he was in great good humour, and treated his friends with the
utmost liberality.
Having arranged matters to his liking, he again
returned to Edinburgh; and, perfectly confident of victory, pressed his
agent to bring the matter to an issue before the Jury Court. On the
other hand, the defenders were as much disconcerted as he was elated.
Defeat appeared almost inevitable. The only way in which they could
possibly save themselves, was by recurring to the circumstances
connected with the robbery in 1811, and producing evidence sufficient to
identify Mackcoull as one of the party. This appeared a hopeless task;
yet they were resolved to attempt it. A professional gentleman was
despatched to England, to make inquiry on the subject; but he returned
without success. In the meantime, the pursuer, aware of the intentions
of his opponents, and knowing the precarious ground on which he stood,
became the more importunate in forcing on the trial. This the bank was
anxious to delay as long as possible, but at last it was finally fixed
for the 20th February, 1820.
In this dilemma, the bank directors engaged Mr.
Denovan (formerly of Leith, but at that time a Bow Street officer of
much repute), who, commencing his investigations at Glasgow, and from
thence carefully tracing the route of the robbers in their progress to
London, was soon able to connect a chain of circumstantial evidence well
calculated to raise the hopes of his employers.
The case having been again postponed, the trial was
ultimately fixed for the 11th of May, 1820. The Court was crowded to
suffocation at an early hour. No civil case had ever created a greater
sensation. The judges were, the Lord Chief Commissioner Adam, Lord
Gillies, and Lord Pitmilly. Counsel for the Bank, Francis (now Lord)
Jeffrey, Henry (now Lord) Cockburn, and James L'Amy, Esquires, and James
Smyth, W.S., agent; for Mackcoull, J. P. Grant, and Archibald Alison,
Esquires, and Mr. William Jamieson, W.S., agent. Mr. Cockburn was in the
act of addressing the Court, and detailing the leading features of the
case, when, to the astonishment of all present, Mackcoull appeared
pressing through the crowd, not stopping till he got close to Mr.
Cockburn. Here he stood with great composure, looking round with an arch
grin peculiarly his own ; and, as the speaker proceeded, he came so
close that Mr. Cockburn, feeling interrupted by his presence, demanded
that he should be removed to another part of he Court. Mr. Jeffrey
joined in the same request, when the pursuer took his seat beside his
own counsel.
The identity of Mackcoull, as one of the three
individuals who lodged in the house of the late Mrs. Stewart, Glasgow,
previous to the robbery of the bank, and who posted their way to London
immediately after its committal, was fully established by the various
witnesses produced, and many facts were brought out tending to expose
the whole plan of the robbery. Notwithstanding the turn which the case
had thus taken against him, Mackcoull continued to walk about in Court,
without betraying much uneasiness, and occasionally entered into
conversation with those around him; but when he heard the name of
John Scoltock, blacksmith in London, announced as the next witness,
he rose and attempted to get out of Court. This he found impossible,
owing to the density of the crowd ; and the instant he saw Scoltock, he
changed colour and sank down by the side of the wall in a kind of faint.
He was then carried out of Court, and did not again appear for some
time.
The evidence of the smith at once established the
guilt of Mackcoull beyond the possibility of doubt, and Mrs. Houghton
White confirmed his testimony in many particulars. When William Gibbons,
the pugilist, appeared in the witnesses' box, he was asked by Counsel—
"Mr. Gibbons, do you know James Moffat, the pursuer in this suit ?" "No
; I do not know any person of that name." Mackcoull, who was among the
crowd, on being called, came forward in a slounging manner. " Witness,
do you know that man?" (Gibbons to Mackcoull, in a loud whisper), "Jem,
hold up your head, I can't see you." Mackcoull looked up. Witness—"Yes,
this is Jem Mackcoull; I never knowed him by any other name." Gibbons
related the circumstance of Mackcoull having deposited with him a parcel
of Scotch notes, amounting to upwards of £18,000. At the conclusion of
the trial, the evidence which had been adduced appeared so conclusive,
that the jury retired only for 20 minutes, when they returned, finding
for the bank in all the three issues.
By this verdict the tables were most unexpectedly
turned, and Mackcoull, from being a pursuer was in his turn pursued; for
the Lord Advocate thought it his duty to serve him with an indictment to
stand trial before the High Court of Justiciary on the 12th of June.
His' trial was postponed till the 19th of the month, when the Court of
Justiciary, as the Jury Court had been, was much crowded. All the
witnesses who appeared on the jury trial were again cited, with the
addition of Mr. Sayer and the prisoner's wife, who proved the
restitution of the £11,941 odds in 1811.
Mackcoull's brother, and other friends in London,
endeavoured by every means to prevent the principal witnesses from
attending at the trial. Gibbons, in spite of promises and threats, came
boldly forward; but Scoltock was so wrought upon that he had resolved to
absent himself. After a great deal of trouble, he was discovered, very
much disguised, and conveyed to Edinburgh by express, where he arrived
just in the nick of time. Mackcoull, 'calculating on his absence,
flattered himself with the hope of acquittal. He was consequently
equally surprised and disheartened when Scoltock entered the witnesses'
box. He had previously been apparently in good spirits; but towards the
close of the trial, he often looked round with a vacant stare, muttering
to himself. When the jury returned a verdict of guilty, he gave a
malignant grin; but stood up with firmness on receiving sentence, and
bowed respectfully to the Court.
On being carried back to prison, his fortitude
entirely failed him. Overwhelmed with despair, he said to the Governor,
with much emotion, "Had not the eye of God been upon me, such a
connected chain of evidence never could have been brought forward." The
prisoner was not long in jail till his usual flow of spirits returned,
and he talked with much cheerfulness to all who came to visit him,
indulging in his metaphors with the utmost pleasantry.
Mr. Denovan, who strongly suspected Mackcoull to have
been the murderer of Begbie (and who drew up an interesting narrative on
the subject), happening to be in Edinburgh, called at the prison, with a
view of putting a question or two to him. The result tended greatly to
strengthen the belief in his guilt. Fairly thrown off his guard by the
artful conversation of his visitor, Mackcoull appeared dreadfully
agitated when unexpectedly interrogated as to the fact of his residence
in New Street, Canongate, in November, 1806. He stared wildly, and
throwing himself back on his bed, as if in a convulsion fit, it was some
time ere he had self-possession enough to answer that he was then in the
West Indies! The inaccuracy of this statement he admitted on being
reminded of his visit to Dublin ; but losing all temper, he proceeded
incoherently in his remarks, and his visitor withdrew.
Although Mackcoull had not been living, or even on
good terms with his wife, for several years prior to his condemnation,
she came forward voluntarily, supplied him liberally with every thing he
could wish, and visited him in jail previous to her leaving Edinburgh
for London, where she intended doing all she could to procure a
reprieve, which was actually accomplished. On the 14th July he was
respited for a month, and in three weeks after during his Majesty's
pleasure. Towards the end of August he fell into a decline, which
affected his faculties so much that he became silly and childish ; and
he is said to have been so disturbed in his sleep by terrific dreams,
and his cries and imprecations were so horrific as greatly to annoy the
inmates of the adjoining cells. He became extremely emaciated; his hair
rapidly changed from black to grey, and he appeared so much altered that
few would have known him. He died in the county jail of Edinburgh on the
22d of December, 1820, and was decently interred, at the expense of his
wife, in the Calton burying ground.