Catalogue description Prisoner name: Andrew Ewart. Prisoner age: 45. Prisoner occupation: Labourer. Court and...

Prisoner name: Andrew Ewart.

Prisoner age: 45.

Prisoner occupation: Labourer.

Court and date of trial: High Court of Judiciary, Edinburgh [Midlothian], 11 February 1828.

Crime: Murder by discharging a loaded firearm at Henry Pennycook, weaver, in Libberton churchyard [Lanarkshire] on 4 or 5 December 1827.

Initial sentence: Death. Execution date 13 March 1828.

Annotated: Commuted to one year's imprisonment. Pardon prepared 20 February 1828.

Petitioner(s): Andrew Ewart, the prisoner. 182 proprietors, tenants and inhabitants of parish of Libberton, Lord Provost and four magistrates of city of Edinburgh.

Grounds for clemency: The prisoner was guarding the churchyard of Libberton after an incident of attempted body snatching; he shot the victim, who was his friend, by mistake; the victim's widow has pleaded for mercy; the jury strongly recommended mercy; the prisoner has seven children and a wife about to give birth, who are entirely dependent on his support and are now existing on charity.

Other papers: Printed indictment. Copy deposition of Henry Pennycock. Copy declaration of Andrew Ewart and reports of doctors. Notes of evidence in trial and copy of verdict, with covering letter from Lord Gillis. Covering letters for both petitions from George Scott, solicitor, Edinburgh, stating that 644 tenants and inhabitants signed the petition on separate sheets, with certificate testifying to that number from James Steele, Sessions Clerk. Letter from D Boyle, Edinburgh, Lord Justice Clerk, reporting on the case and recommending a commutation of sentence. Unsigned letter requesting mercy. Letter from Lord Provost of Edinburgh acknowledging respite of execution.

Additional Information: Prisoner born in parish of Libberton and resides at Brokenbridge, Libberton. Held in Edinburgh Gaol.