In
possession of one of them was found a guinea, which the captain had no
hesitation in identifying as a peculiarly-marked coin which he had
carried about with him for many years. That was enough for the jury.
They and counsel for the prosecution would credit no explanation.
The story told by Hislop and Wallace was that on the night of the
assault they had been drinking and playing cards in a public-house in
Kelso; that late in the evening a soldier had come in and had joined in
the game, losing a considerable sum; that in consequence of his losses
he had produced a guinea, and had asked if any of the company could
change it. Hislop had given change, and the guinea found in his
possession was that which he had got from the soldier. "A story that
would not for a moment hold water," said counsel, when the unfortunate
men failed to produce evidence in support of their story; and the judge,
in his summing up, agreeing with the opinion of counsel for the
prosecution, the jury brought in a verdict of guilty, and both men were
condemned to be hanged.
On May 17, 1785, this sentence was carried out. But here arose
circumstances which caused the credulous--and in those days most people
were credulous--first to doubt, and finally to believe implicitly in the
innocence of the convicted men.
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