The trial of Katharine Nairn [Ogilvie] and Patrick Ogilvie, for the crimes of incest and murder [of Thomas Ogilvie]. Containing the whole procedure of the High Court of Justiciary; upon the 5th, 12th, 13th, 14th, 15th and 16th days of August 1765 / [Katharine Nairn Ogilvie].

  • Nairne, Katharine.
Date:
1765
Catalogue details

Licence: Public Domain Mark

Credit: The trial of Katharine Nairn [Ogilvie] and Patrick Ogilvie, for the crimes of incest and murder [of Thomas Ogilvie]. Containing the whole procedure of the High Court of Justiciary; upon the 5th, 12th, 13th, 14th, 15th and 16th days of August 1765 / [Katharine Nairn Ogilvie]. Source: Wellcome Collection.

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    t =8 .] fection of the body, or any other mean of drecovery, whether the defunct had died of poifon or not. On the contrary, lie urged and infilled, that fuch trial fhould be made. And he having lent for a furgeon to infpedl and open the body, the perfen whom he had difpatched exprefs for that purpoie, was privately flopped by Alexander Ogilvie, the younger brother, who is the perfon on whole ‘figned information he was originally committedto prifon^ Such are the material fadls which the pannel appre¬ hends he is called on to explain, in vindication of his good fame: and to thefe facts he fuhjoins the follow* ing defence, in terms of the flatute. iJ}, That the libel contains a cumulatio aCtionuw in criminalibus ; which is reprobated in law. 2d/y, That fo far as relates to the inc'eft, the libel is utterly vague and inconclufive, being deftilute of all circumftances of lime or place, or other requisites that can enable the pannel to make a pointed defence-:,- and therefore ought not to pafs to the knowledge of an aflize. 3dly, The libel, as far as -refpe&s the crime of poifoningis utterly irrelevant quoad this pannel . Lockhart, for Katharine Nairn, Rae, for Patrick Ogilvie, Adhering to the defences feverally proponed for them, reprefented, That the indidlment charges the pannels with incefl committed betwixt them, in the months of January and June, and interveening months, and before the 12th day of the faid month of June : That the faid Katharine Nairn, and the deceafed Tho¬ mas Ogilvie were not married till the 3C'th day of the the faid month of January; and to inflrufl that, pro¬ duces and oppones their contradl of marriage, dated the 29th of January, and they were married the fubfequent day. And therefore contended, That as to the month of January, the indidlment could not go to proof, farther than as to thelalf day of that month. 2dly> As the deceafed Thomas Ogilvie died on the 5th of June, the time interveening betwixt that and the