Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Subject_2 I sat in the Outer-House this week.

The Royal Bank of Scotland and the Lord Advocate
v.
Robert Fleming and Barbara Steil

Date: 9 December 1710

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A complaint was given in by Mr David Drummond, treasurer to the Royal Bank of Scotland, and Sir David Dalrymple, her Majesty's Advocate, against Robert Fleming, late schoolmaster at Stenhouse, and Barbara Steil, his wife, bearing, That, at Lanark fair and sundry other places, forged bank-notes of £12 Scots, had been dispersed and vented; and, after inquiry, they were discovered to have been first used by the said Robert Fleming: whereon he and his wife being apprehended, and put in Hamilton Tolbooth, and examined by the Sher-riff-depute, in September last, they both, from an impression of their guilt, made an ingenuous confession, that he had, since Whitsunday last, counterfeited above twenty of these small bank-notes, and passed them in sundry places; and she had bought a plaid with one of them and that the necessity of his numerous family, and poverty, had first tempted him, besides his having a current hand of write, capable of imitating what lay before him; and that he had lead frames and stamps, for making the impress on the Bank-notes; and that, after several weeks' trial, he had arrived to that perfection, that he had wrote the whole body of the note, and put Mr Drummond's and James Cumming's names thereto. The Advocate having given an order to transmit him to Edinburgh prison; the Lords gave direction to bring them both before them to be examined, before they should meet with wicked persons who would advise them to retract and deny all. And this day, being sisted before the Lords, they were examined a part; but the first thing occurred to the Lords was, Whether their declarations emitted at Hamilton, before the Sheriff-depute of Clidsdale, must not be first cancelled, ere they could be interrogated on the foresaid crime: and, in regard it was capital, and improbation depending against them, the Lords thought they behoved to be at absolute freedom from any previous confession; which was not probative in a criminal court: and so, their subscriptions being cancelled, they, on a reexamination, went back from every thing they had said, pretending it was extorted from them by threats. But both of them denied it with such an air of guilt, that all were convinced of their villany; and the woman was so self-convicted, that to most of the questions she stood mute and dumb, obstinately refusing to answer, either in the affirmative or negative; which put the Queen's lawyers to recur to the indirect articles of falsehood, whereof their confessions, though cancelled, yet afforded a very strong presumption, as also the moulds and instruments found in his custody; which could admit of no other use: and that the wife tore sundry papers on her apprehension, and threw them in the fire. And it is very probable, if he bad succeeded prosperously, and undiscovered, he would have proceeded to the forging other banknotes of greater value.

The Lords, till farther discovery might be got, remanded them both to prison. And though some moved to make them close, it was remembered, that, by the Act 1701, anent wrongous imprisonment, they cannot be kept close, but advocates and others must have access to them: yet they ordained them to be put in separate rooms, and the goodman of the Tolbooth to have an eye who came to them, till such time as the Lords had opportunity to call them again, when more proofs may emerge against them. Being returned to prison, his conscience awakened on him for his prevarication, and could get no sleep all night, but desired to be brought before the Lords; which was done next day, where he made an ingenuous confession of his guilt, in forging the stamps and fabricating the bank-notes, and putting the accountant's and treasurer's subscriptions thereto, besides his writing the whole body of the bank-notes; which confession he judicially signed. And when the Lords shall come to advise it, and find the falsehood proven, that decreet of improbation, upon their remitting the pannel to the criminal court, will be probatio probata of the crime to the assize, without any farther adminicle or proof.

Vol. II. Page 605.