
Sir Archibald Gordon Kinloch of Gilmerton ( – 1800) was a Scottish baronet who, in one of the most celebrated cases in late 18th century Britain, killed his elder brother, Sir Francis Kinloch, 6th baronet of Gilmerton. In the approach to the tragic events (and during the trial) he was known by his military title of Major Alexander Gordon Kinloch (close acquaintances call him Major Gordon). Through the greatest of ironies, due to the murder, Kinloch was thereafter entitled "Sir". It has wrongly been considered one of the first recorded instances of
diminished responsibility
In criminal law, diminished responsibility (or diminished capacity) is a potential defense by excuse by which defendants argue that although they broke the law, they should not be held fully criminally liable for doing so, as their mental funct ...
due to mental instability. Kinloch was acquitted by reason of insanity. The case also set parameters for the use and validity of notes taken by witnesses in use as testimony.
He therefore became a baronet on 16 April 1795 the day of his victim's death. The entirety of his baronetcy was spent either in prison or under house arrest, neither being a barrier to his legal rights to the title of Baronet.
His trial included many prominent legal and medical persons of late 18th century Edinburgh society.
Life
He was the son of Sir David Kinloch, 5th baronet of Gilmerton (1710–1795) (son of
Sir Francis Kinloch, 3rd Baronet) and his wife Harriet Cockburn (d. 1757) daughter of Sir Archibald Cockburn, an advocate. His year of birth is unclear, but as the younger brother of Sir Francis Kinloch (b. 1747) is presumed to be around 1749.
He served as an Ensign in the 65th Regiment in
Ireland
Ireland (, ; ; Ulster Scots dialect, Ulster-Scots: ) is an island in the North Atlantic Ocean, in Northwestern Europe. Geopolitically, the island is divided between the Republic of Ireland (officially Names of the Irish state, named Irelan ...
in 1767 and there befriended the much older Major John MacKay who remained a lifelong friend.
In 1773 he joined his regiment in
Halifax, Nova Scotia
Halifax is the capital and most populous municipality of the Provinces and territories of Canada, Canadian province of Nova Scotia, and the most populous municipality in Atlantic Canada. As of 2024, it is estimated that the population of the H ...
. In 1778 he was a Captain in the 65th Regiment based in
Coxheath, Nova Scotia
Coxheath is a community in the Canadian province of Nova Scotia, located north of the Sydney River in the Cape Breton Regional Municipality on Cape Breton Island. The community is home to Riverview Rural High School, a secondary school with app ...
. During this stay he befriended Lt (later Lt Col) Samuel Twentyman of the 18th Regiment. In the autumn of 1779 Archibald was promoted to Major, and Twentyman joined his regiment in sailing to the
West Indies
The West Indies is an island subregion of the Americas, surrounded by the Atlantic Ocean, North Atlantic Ocean and the Caribbean Sea, which comprises 13 independent island country, island countries and 19 dependent territory, dependencies in thr ...
.
In 1779/1780 Archibald spent much time in St. Lucia in the
West Indies
The West Indies is an island subregion of the Americas, surrounded by the Atlantic Ocean, North Atlantic Ocean and the Caribbean Sea, which comprises 13 independent island country, island countries and 19 dependent territory, dependencies in thr ...
and together with several thousand others (many of whom died) caught a fever (generally called St.Lucia Fever), after which his disposition changed greatly, to the concern of all his family. He is recorded (at an unclear date) of having been once confined to the Edinburgh Bedlam for insanity. His mood was said to worsen with alcohol. In 1783 Twentyman remet him in
Lincoln
Lincoln most commonly refers to:
* Abraham Lincoln (1809–1865), the 16th president of the United States
* Lincoln, England, cathedral city and county town of Lincolnshire, England
* Lincoln, Nebraska, the capital of Nebraska, U.S.
* Lincoln (na ...
and considered him much changed. Major MacKay met him in
London
London is the Capital city, capital and List of urban areas in the United Kingdom, largest city of both England and the United Kingdom, with a population of in . London metropolitan area, Its wider metropolitan area is the largest in Wester ...
in the same year and was of the same opinion.
In 1785 MacKay met him again, also meeting his father Sir David Kinloch and ill-fated brother, Francis, all on a visit to a Mr and Mrs Dalrymple of
North Berwick
North Berwick (; ) is a seaside resort, seaside town and former royal burgh in East Lothian, Scotland. It is situated on the south shore of the Firth of Forth, approximately east-northeast of Edinburgh. North Berwick became a fashionable holi ...
for an evening of
whist
Whist is a classic English trick-taking card game which was widely played in the 18th and 19th centuries. Although the rules are simple, there is scope for strategic play.
History
In 1674, '' The Complete Gamester'' described the game Ru ...
.
In September 1789, back in Scotland, he is noted in having been in an odd incident where he severely cut his own hand with a pocket-knife whilst in a carriage in the
Grassmarket
The Grassmarket is a historic market square, market place, street and event space in the Old Town, Edinburgh, Old Town of Edinburgh, Scotland. In relation to the rest of the city it lies in a hollow, well below surrounding ground levels.
Locati ...
in
Edinburgh
Edinburgh is the capital city of Scotland and one of its 32 Council areas of Scotland, council areas. The city is located in southeast Scotland and is bounded to the north by the Firth of Forth and to the south by the Pentland Hills. Edinburgh ...
(blaming it on broken glass in the carriage though none existed). Dr
William Farquharson attended him and visited him for two months as he recovered, describing him as "deranged", but seemingly gaining some degree of friendship or empathy.
In the summer of 1790 Kinloch left Gilmerton House in the middle of the night and travelled to
Greenock
Greenock (; ; , ) is a town in Inverclyde, Scotland, located in the west central Lowlands of Scotland. The town is the administrative centre of Inverclyde Council. It is a former burgh within the historic county of Renfrewshire, and forms ...
on the west coast of Scotland to track down his friend, Major MacKay, who was much surprised to see him. In October 1790 he is again in
London
London is the Capital city, capital and List of urban areas in the United Kingdom, largest city of both England and the United Kingdom, with a population of in . London metropolitan area, Its wider metropolitan area is the largest in Wester ...
but invites a friend (Cpt Miller) to join him in a hotel on the Oxford Road but is not there. He is tracked down at Old Slaughter's Coffee House on St Martins Lane. He returned to Scotland after a visit to Cpt Miller's recruiting office in
Huntingdon
Huntingdon is a market town in the Huntingdonshire district of Cambridgeshire, England. The town was given its town charter by John, King of England, King John in 1205. It was the county town of the historic county of Huntingdonshire. Oliver C ...
in November 1790. He was dressed in black to mourn the recent death of his eldest brother, Cpt David Kinloch (mentioned in few genealogies but the original heir-apparent to the baronetcy).
On 1 April 1794 the same doctor saw him again (on North Bridge) and thought him likely to harm himself. He saw him later that year in irons in
Haddington jail, and considered him further disturbed.
He is recorded in having struck Francis in the face over an argument at his father's dining table, prior to his father's death, wounding Francis badly. Francis is said to have forgiven him.
His father, Sir David died at Gilmerton House (in the presence of all his children) on 18 February 1795 precipitating a bizarre series of events. Firstly the baronetcy passed to Sir Francis Kinloch, his eldest son, then becoming 6th baronet. Archibald is stated as having been dissatisfied by his settlement within the will (receiving only £1300 of £1500 he thought due).
On 1 April Kinloch was greeted at his Edinburgh lodgings in the Black Bull Tavern on Leith Street, by Dr James Home. They ate at Hunters on Writers Court (near St Giles Cathedral) together with his younger brother, Alexander Kinloch. Archibald is said to have "only" drunk one or two gills of brandy (around half a pint!)
On 13 April Kinloch was seen by an acquaintance travelling in a chaise to
Haddington, where his brother Sir Francis Kinloch lived. He was seen again in Mrs Fairbairn's restaurant in Haddington but appeared (and declared himself) very ill. Kinloch returned to Gilmerton with the two men (including Dr George Somner) he had met in the restaurant (each in their own chaise), but a mile from Gilmerton the carriages paused for the men to urinate and Kinloch began walking back to Haddington. His carriage driver went to find him and did not return, having been then ordered to take him to Haddington, however he was instead returned to Gilmerton House. Kinloch was seen holding a pistol in his room there and declared himself very ill.
On the morning of 14 April (at 5 am) Kinloch was seen wandering in Beanston Wood near his home. He said he was planting. He later barricaded himself into his room and did not emerge until 5 pm, demanding
laudanum
Laudanum is a tincture of opium containing approximately 10% powdered opium by weight (the equivalent of 1% morphine). Laudanum is prepared by dissolving extracts from the opium poppy (''Papaver somniferum'') in alcohol (ethanol).
Reddish-br ...
because he wished to sleep and not wake. He was seen to be carrying two pistols.
On the evening of 14 April 1795 Sir Francis Kinloch travelled from his home at
Athelstaneford
Athelstaneford () is a village in East Lothian, Scotland. It lies 3.5 miles (about 6 km) north-east of the market town of Haddington and about 28 kilometres (17 mi) east of Edinburgh.
Battle of Athelstaneford
According to popular legend, A ...
(near
Haddington) to visit Archibald at Gilmerton House, recently inherited from their father. He dined with Archibald (as host) and a few other men, including a George Somner. The group as a whole sat until 3 am.
Archibald appears to have arisen from in his bed-chamber, half-dressed, and confronted Sir Francis on the stair. He came down with two loaded pistols in his pockets. He fired one, hitting Francis in the chest as he stood on the staircase. He was taken to his room where the men tried to tend him, and had to escort his sister, Harriet Kinlkoch, back to her room. Francis was mortally wounded, but was fully conscious and it was he who summoned a doctor, through an "expressed" (couriered) letter. Dr James Home and Dr
Francis Home
Francis Home FRSE FRCPE (17 November 1719 in Eccles, Berwickshire – 15 February 1813) was a Scottish physician, and the first Professor of Materia Medica at the University of Edinburgh, known to make the first attempt to vaccinate agains ...
were called from their home at Foulis Close in
Edinburgh
Edinburgh is the capital city of Scotland and one of its 32 Council areas of Scotland, council areas. The city is located in southeast Scotland and is bounded to the north by the Firth of Forth and to the south by the Pentland Hills. Edinburgh ...
arriving at 9:30 am but could do little to assist. Archibald was placed in a strait jacket, already in the house, and put into the care of a nurse.
Dr
Benjamin Bell
Benjamin Bell of Hunthill FRSE FRCSEd (6 September 1749 – 5 April 1806) is considered to be the first Scottish scientific surgeon. He is commonly described as the father of the Edinburgh school of surgery,Richardson BWS, Martin MSM. Discip ...
arrived from Edinburgh at some point during the day and extracted the bullet whilst Francis was still alive. The bullet had passed most of the way through the body and was extracted from the back, near the spine. Sir Francis had a slow and painful death, dying at 11 pm on the evening of 16 April some 44 hours after the shooting. However, he had expressed to those present a deep regret for his poor brother, and seemed to lay no blame on his shoulders. He had specifically requested that the authorities not be contacted. However, Archibald was placed in Haddington Jail on 16 April, escorted there by Hay Smith WS. He was visited in jail by Dr George Somner, Dr Home and Rev Goldie. He was moved to the
Edinburgh Tolbooth on 24 April.
On 18 April three doctors confirmed and certified the death:
Benjamin Bell
Benjamin Bell of Hunthill FRSE FRCSEd (6 September 1749 – 5 April 1806) is considered to be the first Scottish scientific surgeon. He is commonly described as the father of the Edinburgh school of surgery,Richardson BWS, Martin MSM. Discip ...
and James Home of Edinburgh and Dr George Somner of
Haddington (presumably Sir Francis' personal physician). It is unclear why this postdated the death by 36 hours).
Archibald was arrested on 30 May and placed in the
Tolbooth Prison on the
Royal Mile
The Royal Mile () is the nickname of a series of streets forming the main thoroughfare of the Old Town, Edinburgh, Old Town of Edinburgh, Scotland. The term originated in the early 20th century and has since entered popular usage.
The Royal ...
in
Edinburgh
Edinburgh is the capital city of Scotland and one of its 32 Council areas of Scotland, council areas. The city is located in southeast Scotland and is bounded to the north by the Firth of Forth and to the south by the Pentland Hills. Edinburgh ...
, adjacent to the Scottish High Courts. The two pistols, inscribed by the maker H. W. Mortimer of London, and the ball taken from Francis' body were held as evidence.
The trial
The trial took place on 30 June 1795 in the Edinburgh High Court. The jury comprised 15 men from the Edinburgh area, including several "gentlemen" to best equate to peers of the baronet.
The trial was held under Lord Justice Clerk,
Robert McQueen, Lord Braxfield
Robert McQueen, Lord Braxfield (4 May 1722 – 30 May 1799) was a Scottish advocate and judge.
Life
McQueen was born at Braxfield House near Lanark on 4 May 1722, son of John McQueen.
He studied law at Edinburgh University and was admitted to ...
, presiding over:
David Rae, Lord Eskgrove;
William Nairne, Lord Dunsinane;
John Swinton, Lord Swinton
The Hon John Swinton, Lord Swinton (1723–1799) was a Scottish lawyer, judge and writer who rose to be a Senator of the College of Justice.
Life
He was the son of John Swinton of Swinton House in Berwickshire, advocate, and his wife Mary Semp ...
; and
William Craig, Lord Craig.
The prosecution was led by
Robert Dundas of Arniston
Robert Dundas of Arniston (6 June 1758 – 17 June 1819) was a Scottish judge.
Dundas served as Solicitor General for Scotland between 1784 and 1789 and as Lord Advocate from 1789 to 1801. He sat as Member of Parliament for Edinburghshire fr ...
.
Robert Blair (later Lord Avontoun) was
Solicitor General
A solicitor general is a government official who serves as the chief representative of the government in courtroom proceedings. In systems based on the English common law that have an attorney general or equivalent position, the solicitor general ...
, John Burnet was Advocate and Hugh Warrender was Agent.
For the defence
David Hume
David Hume (; born David Home; – 25 August 1776) was a Scottish philosopher, historian, economist, and essayist who was best known for his highly influential system of empiricism, philosophical scepticism and metaphysical naturalism. Beg ...
led Kinloch's defence team, aided by three further advocates:
Charles Hope (later Lord Granton);
William Rae; and David Monypenny (later
Solicitor General for Scotland
His Majesty's Solicitor General for Scotland () is one of the Law Officers of the Crown, and the deputy of the Lord Advocate, whose duty is to advise the Scottish Government on Scots Law. They are also responsible for the Crown Office and P ...
.
Kinloch pleaded not guilty after the reading of the charge of murder. His brother-in-law Sir Foster Cunliffe, and cousin, James Wilkie of Foulden, stood with him through the trial.
Witnesses (family, friends and servants) attested to Archibald's insanity but, in general, the medical witnesses did not consider him insane. Much blame was placed on the servants for not being there to assist in the disarming of Archibald.
Curiously, contrary to standard client-lawyer privileges, Charles Hay WS, Sir Francis Kinloch's lawyer, was asked to disclose private conversations both as a friend and in his professional capacity. He had last seen him on 12 or 13 March. He intimated that Sir Francis had gone through his father's papers (after he died) with lawyers, to separate the important from the unimportant, but on burning the latter, was accused by Archibald of prejudicing the younger members of the family (including himself). This had led to a growing resentment. Mr Hay had written a legal opinion to the effect that the settlement made to the younger siblings exceeded the legal requirements and did not require further legal investigation. This had not satisfied Archibald who felt cheated, and considered that he was still owed £200. This appears to be the underlying cause of the attack. He further suspected Francis of trying to poison him with pills on the day before the attack.
A large amount of the evidence circled around financial matters between Sir Gordon and other parties and of little if any relevance to the murder. Two of the main witnesses, his brother Alexander and sister Harriet, were excused the need to give evidence, it considered to be "too distressing".
The Lord Justice in his summary asked the jury to consider whether the acts might be the result of madness as a malady or temporary madness caused by drunkenness. He clarified that the law saw drunken madness as a "voluntary contracted madness" requiring judgement as though the person be in their right senses. It was not disputed that a murder had occurred, the issue was to consider If Archibald was insane at the time.
The jury, led by Andrew Wauchope, found Kinloch guilty, but was considered temporarily insane.
The judgement was read by the Lord Justice Clerk on 15 July 1795. The accused (referred to in the trial as the 'pannel') was unanimously declared guilty. However, they declared him insane and 'not an object of punishment'. This saved him from the death penalty. He was sentenced to life imprisonment in the
Tolbooth
A tolbooth or town house was the main municipal building of a Scotland, Scottish burgh, from medieval times until the 19th century. The tolbooth usually provided a council meeting chamber, a court house and a jail. The tolbooth was one of th ...
. An odd rider on the sentence allowed any person to secure his release on payment of £10,000 and on upon promise of holding him securely in another place (effectively allowing a house arrest).
Dr William Farquharson approached Lord Braxfield on 17 July and successfully secured Kinloch's release into his own care. It is not clear if the required bond was paid. If so it equates to around £5million by current (2016) standards.
Death
Kinloch went to live with Farquharson at his house at Worlds End Close on the
Royal Mile
The Royal Mile () is the nickname of a series of streets forming the main thoroughfare of the Old Town, Edinburgh, Old Town of Edinburgh, Scotland. The term originated in the early 20th century and has since entered popular usage.
The Royal ...
.
[Edinburgh and Leith Post Office Directory 1795] Farquharson disappears from the Edinburgh Post Office Directory soon thereafter, presumably choosing a less urban environment for this onerous task of caring for Kinloch.
Archibald died in 1800, presumably in Farquharson's house (given the requirements of the judgement). At this point, his younger brother, Sir Alexander Kinloch (Sandie) became the 8th baronet and the Kinloch baronetcy returned to normality.
References
{{DEFAULTSORT:Kinloch, Archibald Gordon
1740s births
1800 deaths
Nobility from East Lothian
Fratricides
Scottish soldiers
Scottish people convicted of murder
Baronets in the Baronetage of Nova Scotia