Agnes Johnston was prosecuted by Sir John Nisbet of Dirleton, Lord Advocate, for the murder of ------- Lamb, daughter of John Lamb in * Airth, and grand-niece to the prisoner.

It was charged, in the indictment, that, about three months preceding, the prisoner, who lived with the parents of the deceased, took an opportunity, when there was nobody in the house but herself and the child, to take the infant, who was about eight months old, out of its cradle, lay it in a bed, and cut its throat.

The Lord Advocate produced against the prisoner her own confession, emitted before the Lords of Judiciary on the 6th of January preceding.  She confessed that she killed the child about 40 days before.  She declared, that the parents had given her no provocation; but that, several times before she committed the murder, there was a spirit within her that did draw her neck together.  When she was in these fits, it was sometimes alledged that she did but feign sickness; on which account the people threatened to turn her out of the house, and, in resentment thereof, she cut the child's throat:  That, before committing the murder, the spirit had frequently tempted her to make away with herself.  In particular, she once attempted to drown herself in a well at Clackmannan; but there being little water in it, she cried to a servant of the Laird of Clackmannan's, who helped her out.  She declared, that she did not tell any body of her being thus tempted, nor had she power to tell, that she began to be troubled with the spirit about Fastren's-even preceding; that she was unmarried, and about fifty years of age.  She adhered to this confession before the Court and jury.

The jury, after reasoning and voting, found the prisoner guilty.  She was sentenced to be hanged in the Grass Market on the 21st of February, that is, after an interval of one day; and her moveable goods to be forfeited.

The conviction of this poor woman was an act of great inhumanity and injustice.  The Court ought to have appointed Counsel for her; the Judges ought themselves to have been her counsel.  As the only proof adduced against her was her own confession, it must be held to be true in all its parts; and, by the confession, it is obvious that the woman was greatly disordered in mind.  She had been troubled with deep melancholy, and this she called the spirit.  And, in her, the melancholy was so great as to deprive her of the use of her judgment; which is plain from her having, without any other motive, been frequently inclined, and once having actually attempted to put herself to death.  It was not her crime to have killed the child; it was her misfortune to have lost her judgment.