Trial papers relating to Daniel Mitchell, James McNab, John Forrest for the crime of violation of sepulchres at Church yard, Stirling, 19 Apr 1823, National Archives Scotland Ref. JC26/1823/15

	Declaration of James McNab 4th December 1822
	At Stirling, the Fourth day of December, Eighteen Hundred and twenty two. In presence of Bailie William Jaffray, compeared James McNab, Gravedigger of Stirling, charged ??? complanit at the instance of the Fiscal of Court, with being concerned in lifting and carrying away dead bodies from the church yard of Stirling, and particularly for lifting and carrying away the body of one Mary Witherspoon; and the complanit having ??? over to him and he examined thereon he declares - That there was never a dead body lifted from Stirling Churchyard to his knowledge. That he knows Mr John Forrest, son of the late Dr. Forrest. That about two months ago Mr. Forrest spoke to him about getting dead bodies lifted but the declarent declined to have any thing to do with the business. The Mr Forrest said he though the declarent might let him get one or two, and that he
	the declarent would get Four Guineas for each, but as the declarent was positive against it they parted. That in a week or two after Mr Forrest again applied to him and asked if he could get some person to assist since he would not meddle with the business himself but the declarent said he would neither ask any person nor do it himself. That some time after Mr Forrest came and said he had got two men to do the business if the declarent would let them in to the church yard, which the declarent refused to do. That after this the declarent told this to Mr Thomas Balfour, Merchant in Stirling, who said he ought not to have anything to do with him, but that it would be a pity to expose the young man as he was perhaps only trying the declarent. That soon after Mr Forrest again came to him and got him to come out of his house to the street in the ???? where he introduced him to a young genteel looking
	lookinh man who he said would do the business if he would only let him into the Church Yard, and this yound man said he had been in the business for six? years and never had been detected. But the declarent would agree to nothing and they separated. That the next time he saw Mr Forrest he said to the declarent that ??? man had left Stirling and had gone to another part of the Country, the name of which the declarent forgets, ???? was a great ??? and was afraid to stay in Stirling as it was he who had ??? of the Radicals heads. But while the young man was in Stirling the declarent saw him in the Church yard one day. That about three weeks ago ??? the night after a person of the name of William Stevenson was buried Mr Forrest came to the declarents house about nine o'clock along with three men two
	two of whom the declarent knew being Daniel Mitchell and James Shiels, both servants to James Sawers and the third was a smart young man with a cap on. And Mr Forrest wished to get the keys of the Churchyard in order to raise the body of William Stevenson and almost forced the declarent to go with them but he positively refused and they were very angry with him. And Mitchell said if the declarent would not go neither would he. That the declarent looked at the grave next day and is perfectly sure t was not touched. That on a Saturday night about one o'clock; but whether it was Saturday was eight days or Saturday was a fortnight he cannot be sure, Mr Forrest came to his house and said there was a person ??? him down streets and desired him to go along with him, which the declarent did. and went to the house of James Shiels aforesaid where he found a young gentleman in a white great coat. That this gentleman
	said why don't you assist Mr Forrest in this business It would make ??????. That they asked the delcarent if any person had been buried that week and the declarent said he could not recollect, upon which Mr Shiels who was present mentioned several particularly one from Cowan Street who had been buried the beginning of the week and her name was Wotherspoon. And the declarent then recollected that such was the case. That the declarent all along refused to go to the Church yard with them. That they might ask him to point out the Grave to them, but if they did so he is sure he refused to do so. That Shiels himself and Daniel Mitchell were in the house as well as the two Gentlemen but he does not know whether they were there all the time. And the declarent was there only a short time himself and