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+The Project Gutenberg EBook of Trial of Duncan Terig, alias Clerk, and
+Alexander Bane Macdonald, by Sir Walter Scott
+
+This eBook is for the use of anyone anywhere at no cost and with
+almost no restrictions whatsoever.  You may copy it, give it away or
+re-use it under the terms of the Project Gutenberg License included
+with this eBook or online at www.gutenberg.org
+
+
+Title: Trial of Duncan Terig, alias Clerk, and Alexander Bane Macdonald
+       for the Murder of Arthur Davis, Sergeant in General Guise's
+       Regiment of Foot
+
+Author: Sir Walter Scott
+
+Release Date: July 26, 2008 [EBook #26133]
+
+Language: English
+
+Character set encoding: ISO-8859-1
+
+*** START OF THIS PROJECT GUTENBERG EBOOK TRIAL OF DUNCAN TERIG ***
+
+
+
+
+Produced by The Online Distributed Proofreading Team at
+https://www.pgdp.net (This file was produced from images
+generously made available by The Internet Archive/Canadian
+Libraries)
+
+
+
+
+
+
+TRIAL OF
+
+DUNCAN TERIG ALIAS CLERK,
+AND
+ALEXANDER BANE MACDONALD,
+
+FOR THE MURDER OF
+
+ARTHUR DAVIS,
+SERGEANT IN GENERAL GUISE'S REGIMENT OF FOOT.
+
+JUNE,
+A.D. M.DCC.LIV.
+
+
+
+EDINBURGH:
+PRINTED BY BALLANTYNE AND COMPANY.
+1831.
+
+
+
+
+TO
+
+THE MEMBERS OF THE BANNATYNE CLUB,
+
+THIS COPY OF A TRIAL,
+INVOLVING A CURIOUS POINT OF EVIDENCE,
+IS PRESENTED
+
+BY
+
+WALTER SCOTT.
+
+FEBRUARY, M.DCCC.XXXI.
+
+
+
+
+Transcriber's Note: Letters that are printed as superscript are
+indicated by being preceeded by a caret (^).
+
+
+
+THE BANNATYNE CLUB.
+
+M.DCCC.XXXI.
+
+
+SIR WALTER SCOTT, BAR^T.
+
+[PRESIDENT.]
+
+THE EARL OF ABERDEEN, K.T.
+RIGHT HON. WILLIAM ADAM,
+    LORD CHIEF COMMISSIONER OF THE JURY COURT.
+JAMES BALLANTYNE, ESQ.
+SIR WILLIAM MACLEOD BANNATYNE.                            5
+LORD BELHAVEN AND STENTON.
+GEORGE JOSEPH BELL, ESQ.
+ROBERT BELL, ESQ.
+WILLIAM BELL, ESQ.
+JOHN BORTHWICK, ESQ.                                     10
+WILLIAM BLAIR, ESQ.
+THE REV. PHILIP BLISS, D.C.L.
+GEORGE BRODIE, ESQ.
+CHARLES DASHWOOD BRUCE, ESQ.
+THE DUKE OF BUCCLEUCH AND QUEENSBERRY.                   15
+JOHN CALEY, ESQ.
+JAMES CAMPBELL, ESQ.
+HON. JOHN CLERK, LORD ELDIN.
+WILLIAM CLERK, ESQ.
+HENRY COCKBURN, ESQ.                                     20
+DAVID CONSTABLE, ESQ.
+ANDREW COVENTRY, ESQ.
+JAMES T. GIBSON CRAIG, ESQ.
+WILLIAM GIBSON CRAIG, ESQ.
+HON. GEORGE CRANSTOUN, LORD COREHOUSE.                   25
+THE EARL OF DALHOUSIE.
+JAMES DENNISTOUN, ESQ.
+ROBERT DUNDAS, ESQ.
+RIGHT HON. W. DUNDAS, LORD CLERK REGISTER.
+CHARLES FERGUSSON, ESQ.                                  30
+ROBERT FERGUSON, ESQ.
+LIEUT.-GENERAL SIR RONALD C. FERGUSON.
+THE COUNT DE FLAHAULT.
+HON. JOHN FULLERTON, LORD FULLERTON.
+LORD GLENORCHY.                                          35
+THE DUKE OF GORDON.
+WILLIAM GOTT, ESQ.
+SIR JAMES R. G. GRAHAM, BAR^T.
+ROBERT GRAHAM, ESQ.
+LORD GRAY.                                               40
+RIGHT HON. THOMAS GRENVILLE.
+THE EARL OF HADDINGTON.
+THE DUKE OF HAMILTON AND BRANDON.
+E. W. A. DRUMMOND HAY, ESQ.
+JAMES M. HOG, ESQ.                                       45
+JOHN HOPE, ESQ.
+COSMO INNES, ESQ.
+DAVID IRVING, LL.D.
+JAMES IVORY, ESQ.
+THE REV. JOHN JAMIESON, D.D.                             50
+ROBERT JAMESON, ESQ.
+SIR HENRY JARDINE.
+FRANCIS JEFFREY, ESQ. LORD ADVOCATE.
+JAMES KEAY, ESQ.
+THOMAS FRANCIS KENNEDY, ESQ.                             55
+JOHN G. KINNEAR, ESQ. [TREASURER.]
+THE EARL OF KINNOULL.
+DAVID LAING, ESQ. [SECRETARY.]
+THE EARL OF LAUDERDALE, K.T.
+THE REV. JOHN LEE, D.D.                                  60
+THE MARQUIS OF LOTHIAN.
+HON. J. H. MACKENZIE, LORD MACKENZIE.
+JAMES MACKENZIE, ESQ.
+JAMES MAIDMENT, ESQ.
+THOMAS MAITLAND, ESQ.                                    65
+THE HON. WILLIAM MAULE.
+GILBERT LAING MEASON, ESQ.
+VISCOUNT MELVILLE, K.T.
+WILLIAM HENRY MILLER, ESQ.
+THE EARL OF MINTO.                                       70
+HON. SIR J. W. MONCREIFF, LORD MONCREIFF.
+JOHN ARCHIBALD MURRAY, ESQ.
+WILLIAM MURRAY, ESQ.
+JAMES NAIRNE, ESQ.
+MACVEY NAPIER, ESQ.                                      75
+FRANCIS PALGRAVE, ESQ.
+HENRY PETRIE, ESQ.
+ROBERT PITCAIRN, ESQ.
+ALEXANDER PRINGLE, ESQ.
+JOHN RICHARDSON, ESQ.                                    80
+THE EARL OF ROSSLYN.
+ANDREW RUTHERFURD, ESQ.
+THE EARL OF SELKIRK.
+RIGHT HON. SIR SAMUEL SHEPHERD.
+ANDREW SKENE, ESQ.                                       85
+JAMES SKENE, ESQ.
+GEORGE SMYTHE, ESQ.
+EARL SPENCER, K.G.
+JOHN SPOTTISWOODE, ESQ.
+THE MARQUIS OF STAFFORD, K.G.                            90
+MAJOR-GENERAL STRATON.
+SIR JOHN ARCHIBALD STEWART, BAR^T.
+THE HON. CHARLES FRANCIS STUART.
+ALEXANDER THOMSON, ESQ.
+THOMAS THOMSON, ESQ. [VICE-PRESIDENT.]                   95
+W. C. TREVELYAN, ESQ.
+PATRICK FRASER TYTLER, ESQ.
+ADAM URQUHART, ESQ.
+RIGHT HON. SIR GEORGE WARRENDER BAR^T.
+THE VENERABLE ARCHDEACON WRANGHAM.                      100
+
+
+
+
+TO THE
+
+RIGHT HONOURABLE
+
+SIR SAMUEL SHEPHERD,
+
+THIS CURIOUS TRACT,
+RESPECTING PERHAPS THE ONLY SUBJECT OF LEGAL ENQUIRY
+WHICH HAS ESCAPED BEING INVESTIGATED BY HIS SKILL,
+AND ILLUSTRATED BY HIS GENIUS,
+
+IS RESPECTFULLY INSCRIBED,
+BY HIS AFFECTIONATE FRIEND, AND MUCH
+OBLIGED HUMBLE SERVANT,
+
+WALTER SCOTT.
+
+15TH FEB., 1831.
+
+
+
+
+INTRODUCTION.
+
+
+Although the giving information concerning the unfair manner in which
+they were dismissed from life, is popularly alleged to have been a
+frequent reason why departed spirits revisit the nether world, it is
+yet only in a play of the witty comedian, Foote, that the reader will
+find their appearance become the subject of formal and very ingenious
+pleadings. In his farce called the Orators, the celebrated Cocklane
+Ghost is indicted by the name of Fanny the Phantom, for that, contrary
+to the King's peace, it did annoy, assault, and terrify divers persons
+residing in Cocklane and elsewhere, in the county of Middlesex. The
+senior counsel objects to his client pleading to the indictment, unless
+she is tried by her equals in rank, and therefore he moves the
+indictment be quashed, unless a jury of ghosts be first had and
+obtained. To this it is replied, that although Fanny the Phantom had
+originally a right to a jury of ghosts, yet in taking upon her to
+knock, to flutter, and to scratch, she did, by condescending to
+operations proper to humanity, wave her privileges as a ghost, and must
+consent to be tried in the ordinary manner. It occurs to the Justice
+who tries the case, that there will be difficulty in impanelling a jury
+of ghosts, and he doubts how twelve spirits who have no body at all,
+can be said to take a corporal oath, as required by law, unless,
+indeed, as in the case of the Peerage, the prisoner may be tried upon
+her honour. At length the counsel for the prosecution furnishes the
+list of ghosts for the selection of the jury, being the most celebrated
+apparitions of modern times, namely, Sir George Villiers, the evil
+genius of Brutus, the Ghost of Banquo, and the phantom of Mrs Veal. The
+counsel for the prosecution objects to a woman, and the court
+dissolves, under the facetious order, that if the Phantom should plead
+pregnancy, Mrs Veal will be admitted upon the jury of matrons.
+
+This admirable foolery is carried by the English Aristophanes nearly as
+far as it will go; yet it is very contrary to the belief of those, who
+conceive that injured spirits are often the means of procuring redress
+for wrongs committed upon their mortal frames, to find how seldom in
+any country an allusion hath been made to such evidence in a court of
+justice, although, according to their belief, such instances must have
+frequently occurred. One or two cases of such apparition-evidence our
+researches have detected.
+
+It is a popular story, that an evidence for the Crown began to tell the
+substance of an alleged conversation with the ghost of a murdered man,
+in which he laid his death to the accused person at the bar. "Stop,"
+said the judge, with becoming gravity, "this will not do; the evidence
+of the ghost is excellent, none can speak with a clearer cause of
+knowledge to any thing which befell him during life. But he must be
+sworn in usual form. Call the ghost in open court, and if he appears,
+the jury and I will give all weight to his evidence; but in case he
+does not come forward, he cannot be heard, as now proposed, through the
+medium of a third party." It will readily be conceived that the ghost
+failed to appear, and the accusation was dismissed.
+
+In the French _Causes Célèbres et Interessantes_, is one entitled, _Le
+Spectre, ou l'Illusion Réprouvé_, reported by Guyot de Pittaval [vol.
+xii. edition La Haye, 1749], in which a countryman prosecutes a
+tradesman named Auguier for about twenty thousand francs, said to have
+been lent to the tradesman. It was pretended, that the loan was to
+account of the proceeds of a treasure which Mirabel, the peasant, had
+discovered by means of a ghost or spirit, and had transferred to the
+said Auguier, that he might convert it into cash for him. The case had
+some resemblance to that of Fanny the Phantom. The defendant urged the
+impossibility of the original discovery of the treasure by the spirit
+to the prosecutor; but the defence was repelled by the influence of the
+principal judge, and on a charge so ridiculous, Auguier narrowly
+escaped the torture. At length, though with hesitation, the prosecutor
+was nonsuited, upon the ground, that if his own story was true, the
+treasure, by the ancient laws of France, belonged to the Crown. So that
+the ghost-seer, though he had nearly occasioned the defendant to be put
+to the question, profited in the end nothing by his motion.
+
+This is something like a decision of the great Frederick of Prussia.
+One of his soldiers, a Catholic, pretended peculiar sanctity, and an
+especial devotion to a particular image of the Virgin Mary, which,
+richly decorated with ornaments by the zeal of her worshippers, was
+placed in a chapel in one of the churches of the city where her votary
+was quartered. The soldier acquired such familiarity with the object of
+his devotion, and was so much confided in by the priests, that he
+watched for and found an opportunity of possessing himself of a
+valuable diamond necklace belonging to the Madonna. Although the
+defendant was taken in the manner, he had the impudence, knowing the
+case was to be heard by the King, to say that the Madonna herself had
+voluntarily presented him with her necklace, observing that, as her
+good and faithful votary, he had better apply it to his necessities,
+than that it should remain useless in her custody.
+
+The King, happy of the opportunity of tormenting the priests, demanded
+of them, whether there was a possibility that the soldier's defence
+might be true. Their faith obliged them to grant that the story was
+possible, while they exhausted themselves on the improbabilities which
+attended it. "Nevertheless," said the King, "since it is possible, we
+must, in absence of proof, receive it as true, in the first instance.
+All I can do to check an imprudent generosity of the saints in future,
+is to publish an edict, or public order, that all soldiers in my
+service, who shall accept any gift from the Virgin, or any saint
+whatever, shall, _eo ipso_, incur the penalty of death."
+
+Amongst English trials, there is only mention of a ghost in a very
+incidental manner, in that of John Cole, fourth year of William and
+Mary, State Trials, vol. xii. The case is a species of supplement to
+that of the well-known trial of Henry Harrison, which precedes it in
+the same collection, of which the following is the summary.
+
+A respectable doctor of medicine, Clenche, had the misfortune to offend
+a haughty, violent, and imperious woman of indifferent character, named
+Vanwinckle, to whom he had lent money, and who he wished to repay it. A
+hackney-coach, with two men in it, took up the physician by night, as
+they pretended, to carry him to visit a patient. But on the road they
+strangled him with a handkerchief, having a coal, or some such hard
+substance, placed against their victim's windpipe, and escaped from the
+coach. One Henry Harrison, a man of loose life, connected with this Mrs
+Vanwinckle, the borrower of the money, was tried, convicted, and
+executed, on pretty clear evidence, yet he died denying the crime
+charged. The case being of a shocking nature, of course interested the
+feelings of the common people, and another person was accused as an
+accessory, the principal evidence against whom was founded on this
+story.
+
+A woman, called Millward, pretended that she had seen the ghost of her
+deceased husband, who told her that one John Cole had assisted him, the
+ghost, in the murder of Dr Clenche. Cole was brought to trial
+accordingly; but the charge was totally despised, both by judge and
+jury, and produced no effect whatever in obtaining conviction.
+
+Such being the general case with respect to apparitions, really alluded
+to or quoted in formal evidence in courts of justice, an evidence of
+that kind gravely given and received in the High Court of Justiciary in
+Scotland, has some title to be considered as a curiosity.
+
+The Editor's connexion with it is of an old standing, since, shortly
+after he was called to the bar in 1792, it was pointed out to him by
+Robert M'Intosh, Esq., one of the counsel in the case, then and long
+after remarkable for the interest which he took, and the management
+which he possessed, in the prolix and complicated affairs of the York
+Building Company.
+
+The cause of the trial, bloody and sad enough in its own nature, was
+one of the acts of violence which were the natural consequences of the
+Civil War in 1745.
+
+It was about three years after the battle of Culloden that this poor
+man, Sergeant Davis, was quartered, with a small military party, in an
+uncommonly wild part of the Highlands, near the country of the
+Farquharsons, as it is called, and adjacent to that which is now the
+property of the Earl of Fife. A more waste tract of mountain and bog,
+rocks and ravines, extending from Dubrach to Glenshee, without
+habitations of any kind until you reach Glenclunie, is scarce to be met
+with in Scotland. A more fit locality, therefore, for a deed of murder,
+could hardly be pointed out, nor one which could tend more to agitate
+superstitious feelings. The hill of Christie, on which the murder was
+actually committed, is a local name, which is probably known in the
+country, though the Editor has been unable to discover it more
+specially, but it certainly forms part of the ridge to which the
+general description applies. Davis was attached to the country where he
+had his residence, by the great plenty of sport which it afforded, and,
+when dispatched upon duty across these mountains, he usually went at
+some distance from his men, and followed his game without regarding the
+hints thrown out about danger from the country people. To this he was
+exposed, not only from his being intrusted with the odious office of
+depriving the people of their arms and national dress, but still more
+from his usually carrying about with him a stock of money and
+valuables, considerable for the time and period, and enough of itself
+to be a temptation to his murder.
+
+On the 28th day of September, the Sergeant set forth, along with a
+party, which was to communicate with a separate party of English
+soldiers at Glenshee; but when Davis's men came to the place of
+rendezvous, their commander was not with them, and the privates could
+only say that they had heard the report of his gun after he had parted
+from them on his solitary sport. In short, Sergeant Arthur Davis was
+seen no more in this life, and his remains were long sought for in
+vain. At length a native of the country, named M'Pherson, made it known
+to more than one person that the spirit of the unfortunate huntsman had
+appeared to him, and told him he had been murdered by two Highlanders,
+natives of the country, named Duncan Terig alias Clerk, and Alexander
+Bane Macdonald. Proofs accumulated, and a person was even found to bear
+witness, that lying in concealment upon the hill of Christie, the spot
+where poor Davis was killed, he and another man, now dead, saw the
+crime committed with their own eyes. A girl whom Clerk afterwards
+married, was, nearly at the same time, seen in possession of two
+valuable rings which the Sergeant used to have about his person.
+Lastly, the counsel and agent of the prisoners were convinced of their
+guilt. Yet, notwithstanding all these suspicious circumstances, the
+panels were ultimately acquitted by the jury.
+
+This was chiefly owing to the ridicule thrown upon the story by the
+incident of the ghost, which was enhanced seemingly, if not in reality,
+by the ghost-seer stating the spirit to have spoken as good Gaelic as
+he had ever heard in Lochaber.--"Pretty well," answered Mr M'Intosh,
+"for the ghost of an English sergeant!" This was indeed no sound jest,
+for there was nothing more ridiculous, in a ghost speaking a language
+which he did not understand when in the body, than there was in his
+appearing at all. But still the counsel had a right to seize upon
+whatever could benefit his clients, and there is no doubt that this
+observation rendered the evidence of the spectre yet more ridiculous.
+In short, it is probable that the ghost of Sergeant Davis, had he
+actually been to devise how to prevent these two men from being
+executed for his own murder, could hardly have contrived a better mode
+than by the apparition in the manner which was sworn to.
+
+The most rational supposition seems to be, that the crime had come to
+M'Pherson, the ghost-seer's knowledge, by ordinary means, of which
+there is some evidence, but desiring to have a reason for communicating
+it, which could not be objected to by the people of the country, he had
+invented this machinery of the ghost, whose commands, according to
+Highland belief, were not to be disobeyed. If such were his motives,
+his legend, though it seemed to set his own tongue at liberty upon the
+subject, yet it impressed on his evidence the fate of Cassandra's
+prophecies, that, however true, it should not have the fortune to be
+believed.
+
+ABBOTSFORD, 18th March, 1830.
+
+
+
+
+TRIAL OF
+
+DUNCAN TERIG ALIAS CLERK, AND ALEXANDER BAIN MACDONALD,
+
+FOR THE MURDER OF
+
+ARTHUR DAVIES, SERJEANT
+
+IN GENERAL GUISE'S REGIMENT OF FOOT.
+
+JUNE, A.D. MDCC.LIV.
+
+
+
+
+TRIAL OF
+
+DUNCAN TERIG ALIAS CLERK,
+
+AND ALEXANDER BAIN MACDONALD.
+
+
+    _CURIA JUSTICIARIA S. D. N. Regis tenta in Nova Sessionis Domo
+    Burgi de Edinburgh, Decimo die Mensis Junij 1754, per honorabiles
+    viros Carolum Areskine de Alva, Justiciarij Clericum, Magistros
+    Alexandrum Fraser de Strichen, Patricium Grant de Elchies, et
+    Hugonem Dalrymple de Drummore, et Dominum Jacobum Ferguson de
+    Killkerran, Commissionarios Justiciarij dicti S. D. N. Regis._
+
+                       _Curia legittime affirmata_,
+
+                                 INTRAN.
+
+    DUNCAN TERIG _alias_ CLERK, and ALEXANDER BAIN MACDONALD, both now
+    prisoners in the Tolbooth of Edinburgh, Pannels,
+
+Indicted and accused at the instance of William Grant of Prestongrange,
+Esq., His Majesties Advocate, for His Majesties interest, for the crime
+of murder committed by them in manner at length mentioned in the
+indictment raised against them thereanent, which indictment maketh
+mention, THAT WHEREAS, by the laws of God, and of this and all other
+well governed realms, Murder or Homicide is a most atrocious crime, and
+severely punishable, especially committed with an intent to rob the
+person murdered, and that by persons of bad fame and character, who are
+habite and repute thieves, YET TRUE IT IS, and of verity, that they,
+and each of them, or one or other of them, are guilty, actors, or art
+and part, of the foresaid crime, aggravated as aforesaid, in so far as
+the deceast Arthur Davies, serjeant in the regiment of foot commanded
+by General Guise, being in the year one thousand seven hundred and
+forty-nine, quartered or lodged alongst with a party of men or soldiers
+belonging to the said regiment in Dubrach, or Glendee, in Braemar, in
+the parish of ---- and sheriffdom of Aberdeen, he, the said Arthur
+Davies, did, upon the twenty-eighth day September, one thousand seven
+hundred and forty-nine, or upon one or other of the days of that month,
+or of the month of August immediately preceding, or October immediately
+following, go from thence to a hill in Braemar, commonly called
+Christie, at the head of Glenconie, in the parish of ---- and
+sheriffdom aforesaid. As also that same day, both of them, the said
+Duncan Terig alias Clerk, and Alexander Bain Macdonald, went from the
+house of John Grant, in Altalaat, armed with guns and muskets,
+pretending when they went from thence that they were going to shoot or
+hunt deer upon the said hill, to which place both of them having
+accordingly gone, and there meeting with the said Arthur Davies, each,
+or one or other of them, did, on the said twenty-eighth of September,
+1749, or upon one or other of the days of that month, or of the months
+aforesaid, cruelly and barbarously fire a loaded gun or guns at him,
+which were in their hands, whereby he was mortally wounded, and of
+which wounds he died on the said hill, immediately or soon thereafter,
+where his dead body remained concealed for sometime, and was afterwards
+found, together with a hat, having a silver button on it, with the
+letters A. R. D. marked on it. LIKEAS, soon after the said Arthur
+Davies was murdered, each of the said two panels, being persons of bad
+fame and character, and who were habite and repute thieves, were, by
+the general voice of the country, reputed to have perpetrated the said
+murder, and to have robbed and taken from him a silver watch, two gold
+rings and a purse of gold, which it was known or believed in the
+country he generally wore or carried about him, which said opinion or
+belief of the neighbourhood, that both of them had been guilty of the
+said murder and robbery, has been since that time rendered the more
+credible, particularly with respect to him, the said Duncan Clerk, in
+so far as, although he was not possesst of any visible funds or effects
+which could enable him to stock a farm before the period of the said
+murder, yet soon thereafter he took and obtained a lease from Lord
+Bracco, of a farm called the Craggan, for which he was bound to pay
+thirty pounds Scots of yearly rent; as also thereafter he obtained a
+lease of the farm of Gleney, from ---- Farquharson of Inverey, for
+which at present he was bound to pay a yearly rent, or tack duty, of
+one hundred and five merks Scots, as appears from the judicial
+declaration of him, the said Duncan Clerk, to be hereafter more
+particularly taken notice of; and both of the said panels having been
+apprehended in the year one thousand seven hundred and fifty-three, for
+being guilty of the foresaid murder, and upon the twenty-third day of
+January last, one thousand seven hundred and fifty-four years, brought
+into the presence of the Right Honourable Alexander Fraser of Strichen
+and Hugh Dalrymple of Drummore, two of the Lords Commissioners of
+Justiciary each of them gave different and contradictory accounts of
+themselves, in so far as the said Duncan Clerk did then acknowledge, in
+presence of the said Judges, that he was on the hill of Gleneye,
+alongst with the said Alexander Bain Macdonald, both armed as above set
+forth, on the day the said Arthur Davies was amissing; that the said
+Alexander Macdonald fired a shot at some deer, but that about ten
+o'clock the said Duncan Clerk parted with him on the hill, and came
+back to his father's house, to which likewise the said Alexander
+Macdonald came the same evening, where he lodged or stayed all night;
+as also a paper containing a list of debts, beginning with the words,
+"I, Duncan Clerk, in Gleneye, was put in Perth Jail," and ending,
+"Angus Macdonald, 12 sh.," now marked on the back with the name and
+sirname of the said Lord Drummore, being exhibited to him the said
+Duncan Clerk, he acknowledged the same to be his handwriting, and that
+it contains a list of debts due to him when he was imprisoned, as is at
+more length to be seen in his said confession or declaration, signed by
+him and the said Lord Drummore. LIKEAS he the said Alexander Bain
+Macdonald did, upon the twenty-third day of January last, one thousand
+seven hundred and fifty-four years, in presence of the said Judges,
+acknowledge and declare, that one year, while he was Lord Bracco's
+forrester, he went with the said Duncan Clerk to the Hill of Gleneye,
+to search for deer, where he fired at them, but that about nine or ten
+o'clock in the forenoon, Duncan Clerk went home to his father's house,
+and thereafter the said Alexander Macdonald returned to his own house
+in Allanquoich, where he staid all that night, not seeing the said
+Duncan Clerk more that day, as is at more length to be seen in his said
+confession or declaration, signed by the said Lord Drummore, he having
+declared he could not write; both which confessions or declarations,
+with the list of debts above specified, said to be due to him, the said
+Duncan Clerk, as also, the hat mentioned to be found in summer one
+thousand seven hundred and fifty in the hill of Gleneye, are all now
+lodged in the hands of the Clerk to the Court of Justiciary, before
+which they are to be tried, that they may see the same: AT LEAST time
+and place aforesaid, the said Arthur Davies was murdered or bereaved of
+his life, and they, and each of them, or one or other of them, are
+guilty, actor or art and part of the said murder, aggravated as above
+set furth; all which, or part thereof, being found proven by the
+verdict of an Assize, before the Lords Justice General, Justice Clerk,
+and Commissioners of Justiciary, he, the said Duncan Terig alias Clerk,
+and Alexander Bain Macdonald, ought to be punished with the pains of
+law, to the terror of others to commit the like in time coming.
+
+          (Signed)           ALEX. HOME, A.D.
+
+
+
+
+PURSUERS.
+
+    WILLIAM GRANT, of Prestongrange, Esq., His Majesties Advocate.
+
+    Mr PATRICK HALDANE, and
+    Mr ALEXANDER HOME,
+    both His Majesties Solicitors.
+
+    Mr ROBERT DUNDAS, Advocate.
+
+
+PROCURATORS in defence.
+
+    Mr ALEXANDER LOCKHART,
+    Mr ROBERT M'INTOSH,
+    Advocates.
+
+
+The Libel being openly read in Court, and the panels interrogate
+thereupon, they both denied the same, and referred their defences to
+their Lawiers.
+
+LOCKHART, &c., for the panel, denying the libel, or any guilt or
+accession of the panels to the murder charged, pled that the panels
+were persons of good fame and reputation, and that as no cause of
+malice in them against Serjeant Davies was alleged, so the circumstances
+founded on in the indictment, though they were true, were not in any
+sort sufficient to infer a proof of the panels' guilt. And further, the
+panels would be able to prove a true and warrantable cause for going to
+the hill libelled on in arms, and that they went openly and avowedly;
+and that in the circumstances they were in, it was impossible they
+could have any wicked design against, or expect to have an opportunity
+of executing such a design against Serjeant Davies: That they were not
+so much as suspected of murdering him at the time of his being
+amissing, or for several months thereafter, when many different
+accounts were given, and suspicions raised and entertained concerning
+that matter. THEY also objected and alleged for the panels, that as
+murder was the only crime charged against them in this indictment, no
+vague or general allegation of robbery, or other crime or accusation
+against their characters, could be allowed to go to the knowledge of an
+assize, though they were noways apprehensive of the consequences of it,
+other than from the false and malicious reports, raised and propagated
+against them, since their commitment for the foresaid crime; and the
+panels had great reason to complain of the undue delays in bringing
+them to trial for this offence: In so far as, after they were committed
+for the same in September last, and had taken out letters of
+intimation, and upon expiry of the days, had also obtained letters of
+liberation, they were again committed upon a new warrant for alleged
+theft, upon which new commitment they raised new letters of intimation,
+and when the sixty days were just expiring, they were served with an
+indictment for the theft, which was fixed to within a few days of the
+expiry of the forty days allowed by law, and then allowed to drop; and
+after all, there was again a new warrant of commitment obtained against
+them for wearing the Highland dress; and last of all they were served
+with this indictment; all which steps plainly show the oppression they
+have met with, which the panels do by no means lay to the charge of the
+prosecutor, but are willing to allow the same to be owing to the
+malicious information of some private informer, which they hope to be
+able to make appear if they were allowed an exculpatory proof, and that
+very undue means had been used both before and since the citation of
+the witnesses to influence them to give evidence against the panels in
+this matter; and the panels, amongst many other things for their
+exculpation, would be able to prove, that after they returned from the
+hill upon the day upon which the Serjeant is said to have been
+murdered, he, the Serjeant, was seen with his party in that hill. So
+that it is impossible the panels could be the perpetrators of the
+murder.
+
+LORD ADVOCATE, &c., answered, that as the defence resolved altogether
+into a denial of the libel, it was sufficient for him to say, that
+according to the information he had received, such facts and
+circumstances would come out upon proof as would be sufficient to
+convince the Jury of the panels' guilt: That it was not meant that the
+circumstances libelled were sufficient without others to connect with
+them, the only intention of libelling upon these circumstances being to
+show the panels what written evidence was to be adduced against them:
+That he does not oppose the panels being allowed a proof of every fact
+and circumstance that may tend to their exculpation: That as to the
+delay complained of, the prosecutor can for himself say, that it is
+owing to no intention of his to oppress the panels; he had early
+information of the murder charged upon, and was very willing and
+desirous it might come to light. The panels were at last accused and
+committed for it, by the general voice of the country; and though at
+first the proof against them did not appear so pregnant, yet it was
+hoped, and was the general expectation of all in that part, that the
+murder would be brought to light. This was the reason of continuing the
+panels in confinement. And now that the prosecutor was ready to go on
+to trial, he hoped their Lordships would find the indictment relevant,
+and remit the panels to the knowledge of an assize, allowing them at
+the same time a proof of every circumstance that may appear necessary
+for their exculpation.
+
+THE LORDS Justice Clerk and Commissioners of Justiciary, having
+considered the indictment pursued at the instance of William Grant of
+Prestongrange, Esq., His Majesties Advocate for his Majesties interest,
+against Duncan Terig _alias_ Clerk, and Alexander Bain Macdonald, both
+now prisoners in the Tolbooth of Edinburgh, panels, with the foresaid
+debate thereupon: They find the said indictment relevant to infer the
+pains of law; but allow the panels to prove all facts and circumstances
+that may tend to elide the indictment, or exculpate them, or either of
+them, from the guilt of the crime therein libelled: And remit the
+panels, with the indictment as found relevant, to the knowledge of an
+assize.
+
+          (Signed)           CH. ARESKINE, I.P.D.
+
+The Lords continue the diet at the instance of his Majesties Advocate,
+against the said two panels, till to-morrow at seven o'clock in the
+morning, and witnesses and assizers then to attend, each under the pain
+of law, and the panels to be carried back to prison.
+
+
+    _CURIA JUSTICIARIA S. D. N. Regis tenta in Nova Sessionis Domo
+    Burgi de Edinburgh undecimo die mensis Junij 1754, per honorabiles
+    viros Carolum Areskine de Alva, Justiciarium Clericum, Dominum
+    Gilbertum Elliot de Minto, Magistros Alexandrum Fraser de Strichen,
+    Patricium Grant de Elchies, et Hugonem Dalrymple de Drummore, et
+    Dominum Jacobum Ferguson de Killkerran, Commissionarios
+    Justiciarios dict. S. D. N. Regis._
+
+                       _Curia legittime affirmata_,
+
+                                 INTRAN.
+
+    DUNCAN TERIG _alias_ CLERK, and ALEXANDER BAIN MACDONALD, both
+    prisoners in the Tolbooth of Edinburgh, panels indicted and accused
+    as in the former Sederunt.
+
+The Lords proceeded to make choice of the following persons to pass
+upon the assize of the said Duncan Terig alias Clerk, and Alexander
+Bain Macdonald; to wit,--
+
+    Archibald Wallace, merchant in Edinburgh.
+    William Tod, senior, merchant there.
+    Andrew Bonnar, merchant there.
+    Robert Forrester, merchant there.
+    Walter Hogg, merchant there.
+    Alexander Crawford, baker in Edinburgh.
+    John Heriot, candlemaker there.
+    John Sword, merchant there.
+    William Ormiston, bookbinder there.
+    William Braidwood, candlemaker.
+    William Sands, bookseller in Edinburgh.
+    John Dalgleish, watchmaker there.
+    George Gray, merchant there.
+    John Welsh, goldsmith there.
+    James Gilliland, goldsmith there.
+
+The above assize all lawfully sworn, and no objection to the contrary--
+
+The panels and their procurators admitted the two judicial declarations
+libelled on, were emitted by them, before the two Judges therein named;
+and the said panels both now judicially adhere to the same, with this
+variation for Alexander Bain Macdonald, that it was a mistake in his
+said declaration, where it is said, that he went home to the house in
+Allanquoich, where he staid that night, and did not see Duncan Clerk
+any more that day after they parted on the hill, the true fact being,
+that he did not go home to the house in Allanquoich where he resided,
+till the night thereafter, and in the evening of that night went to the
+house of Duncan Clerk's father, where he found Duncan Clerk, and staid
+all night, and that the reason of his former mistake was, that he by
+himself went again to the hills upon the twenty-ninth in quest of the
+deer which he had wounded the preceding day, and returned to his own
+house the evening of the said twenty-ninth; and this admission is
+signed by the said Duncan Clerk, and by Mr Alexander Lockhart,
+procurator for the other panel, who declares he cannot write.
+
+          (Signed)           DUNCAN CLERK.
+                             ALEX. LOCKHART.
+
+Thereafter, His Majesty's Advocate for proof adduced the following
+witnesses; viz.--
+
+
+JEAN GHENT, relict of Arthur Davies, serjeant in the regiment commanded
+by Lieutenant-General Guise, aged about thirty-three years, who being
+solemnly sworn, purged of malice and partial council, and interrogate:
+Depones, That she was married for the space of ten months to Serjeant
+Davies the day he was missing, and that in summer seventeen hundred and
+forty-nine, her husband, with eight private men under his command,
+marched from Aberdeen to Dubrach in Braemar, in the shire of Aberdeen,
+which was assigned to him as his station; and that there was another
+party of the same regiment whose head-quarters was at Aberdeen,
+stationed at the Spittle of Glenlee, within eight miles of Dubrach,
+under the command of a corporal: That the two parties did meet twice
+a-week in patrol, about half way between the foresaid two places: That
+her husband was a keen sportsman, and used to go out a-shooting or
+fishing generally every day; and when he went along with the party on
+patrol, sent the men home and followed his sport; and on other
+occasions went out a-shooting by himself alone: That her husband was a
+sober man, a good manager, and had saved money to the value of about
+fifteen guineas and a half, which he had in gold, and kept in a green
+silk purse, which he inclosed within a leather purse along with any
+silver he had: That besides this gold, he generally wore a silver watch
+in his pocket, and two gold rings upon one of his fingers, one of which
+was of pale yellow gold, and had a little lump of gold raised upon it
+in the form of a seal, with a gold stamp on the inside of the ring, and
+a weaved line like a worm round the upper side of the plate: That the
+other was a plain gold ring, which the deponent had got from David
+Holland, her first husband, with the letters D. H. on the inside, and
+had this posie on it, "When this you see remember me:" That the said
+David Holland was paymaster-serjeant in General Guise's regiment: And
+further depones, That the said Serjeant Davies commonly wore a pair of
+large silver buckles in his shoes, marked also with the same letters D.
+H. in the inside, which likewise had belonged to her said former
+husband, as also wore silver knee-buckles, and had two dozen silver
+buttons upon a double-breasted vest, made of stript lutstring: That he
+frequently had about him a folding penknife, that had a brown
+tortoise-shell handle, and a plate upon the end of it, on which was cut
+a naked boy, or some such device, with which he often sealed his
+letters: That one day when he was dressing some hooks while the
+deponent was by, she observed that he was cutting his hat with his
+penknife, and she went towards him, and asked him what he meant by
+cutting his hat? To which he answered, that he was cutting his name
+upon it: To which the deponent replied, she could not see what he could
+mean by putting his name upon a thing of no value, and pulled it out of
+his hand in a jocular way, but he followed her, and took the hat from
+her, and she observed that the A. was then cut out in the hat; and
+after he got it, she saw him cut out the letter D., which he did in a
+hurry, and which the deponent believed was occasioned by the toying
+that was between them concerning this matter, for when she observed it,
+she said to him you have made a pretty sort of work of it, by having
+misplaced the letters: To which he answered, that it was her fault,
+having caused him do it in a hurry. And the hat now upon the table, and
+which is lying in the clerk's hands, and referred to in the indictment,
+being shown to her, Depones, That to the best of her judgment and
+belief, that is the hat above mentioned: Depones, That she never has
+seen neither the said Serjeant, the gold purse, or silver purse, above
+mentioned, nor the buckles for his shoes and knees, watch, or penknife,
+since he marched from his quarters with the party at the time at which
+he is supposed to have been murdered: Depones, That on Thursday, being
+the day immediately preceding Michaelmas, being the twenty-eighth of
+September, one thousand seven hundred and forty-nine, her husband went
+out very early in the morning from Dubrach, and that four men of the
+party under his command soon after followed him, in order to meet the
+patrol from Glenshye, and in the afternoon before four o'clock, the
+four men returned to Dubrach, and acquainted the deponent that they had
+seen and heard him fire a shot, as they believed, at Tarmatans, but
+that he did not join company with them: That at the place appointed
+they met with a corporal and a party from Glenshee, and then retired
+home: Depones, That her husband never returned; that she has never met
+with any body that saw him after the party returned from the foresaid
+place, excepting the corporal that that day commanded the party from
+Glenshee, who told her that, after the forementioned party from Dubrach
+had gone away from the foresaid appointed place, Serjeant Davies came
+up to him all alone, upon which the corporal told him, he thought it
+was very unreasonable in him to venture upon the hill by himself, as
+for his part he was not without fear even when he had his party of four
+men along with him; to which Serjeant Davies answered, that when he had
+his arms and ammunition about him, he did not fear any body he could
+meet: Depones, That her husband, Serjeant Davies, made no secret of his
+having the gold above mentioned, but upon the many different occasions
+he had to pay and receive money, he used to take out his purse and show
+the gold; and that even when he was playing with children, he would
+frequently take out his purse and rattle it for their diversion, from
+which it was generally known by all the neighbourhood that the serjeant
+was worth money, and carried it about him: Depones, That from the
+second day after the serjeant and party went from Dubrach as aforesaid,
+when the deponent found he did not return, she did believe, and does
+believe at this day, that he was murdered; for that he and she lived
+together in as great amity and love as any couple could do that ever
+were married, and that he never was in use to stay away a night from
+her, and that it was not possible he could be under any temptation to
+desert, as he was much esteemed and beloved by all his officers, and
+had good reason to believe he would have been promoted to the rank of
+serjeant-major upon the first vacancy: Depones, That when her husband
+went away from Dubrach on the morning of the twenty-eighth of September
+aforesaid, he was dressed in a blue surtout coat, with a stripped silk
+vest, and teiken breeches and brown stockings: That he had in his purse
+fifteen guineas and a half in gold, a crown piece and three shillings
+in silver, his silver watch in his pocket, with a silver seal at it,
+his silver buckles in his shoes, and his silver buttons on his
+waistcoat, and the above mentioned rings on his fingers; and being
+asked how she came to know all these things were on him or about him
+when he went away as aforesaid? Depones, That she was privy and knew
+every thing that related to his money; and the night before the said
+twenty-eighth of September, the serjeant from Braemar had come to
+Dubrach, and in the deponent's presence had given some money which was
+gold to Serjeant Davies, who gave him silver that he had by him for it,
+to pay the party; and upon occasion of this, she saw the quantity of
+gold above mentioned, which was in her husband's possession, and that
+she saw the vest with the buttons and rings on his fingers, and also
+the watch, before he went away, he having in her presence put on the
+teiken drawers above mentioned, desired from her somewhat to keep the
+watch dry, upon which she gave him a piece of cloth, the said drawers
+being a little damp, in which he wrapt it, and put it into his pocket:
+Depones, That he had dark mouse-coloured hair, tied up with a black
+silk ribband behind, and wore a hat with a silver lace and silver
+button, marked with the letters D. A. on the outside of the crown of
+the hat: And the deponent verily believes, that the hat now shown to
+her, and above referred to, is the hat he took out with him: Depones,
+That he wore that day a pair of brogues which he had bespoke to be made
+so as they could fit buckles, and not to be tied with latches, conform
+to the common use of that country: That these brogues the deponent saw
+when they were first brought home from Glenshee: Depones, That a gun
+now exhibited and shown to the deponent, is the gun which her husband,
+Serjeant Davies, received in a present from Lieutenant Brydon, of the
+same regiment with him, and the gun which he always used when he went
+a-shooting, and which he carried out with him in the morning of the
+twenty-eighth of September, one thousand seven hundred and forty-nine
+aforesaid: That the stock of the gun is altered about the butt, and a
+plate that was on the butt-end is taken away, and the wood pared, but
+that she knows the barrel by a cross rent that is in it a little above
+the middle, and which her husband told her had been occasioned by his
+firing a shot when the gun was overloaded and the ball had stuck at
+that part of the barrel when he was loading her: Depones, That from the
+time her husband was quartered at Dubrach in the month of June to the
+foresaid twenty-eighth of September one thousand seven hundred and
+forty-nine, he was never absent a night from his command at Dubrach
+except one, that he went to the doctor of the regiment to take his
+advice about a strain, and he returned next morning: Depones, That upon
+the Monday after the Serjeant was believed to be murdered, the country
+was raised to make search for the body, but it was not found; and that
+she spoke to one of the prisoners, Clerk, whom she took to be a
+particular friend, to try if he could find the body, but it was not
+found: That afterwards the deponent went to the garrison in Braemar,
+and from that to the regiment: And being interrogate for the panels,
+whether her husband had received any information before the party
+marched out upon the day above mentioned that there were people in arms
+in that country where he was stationed? Depones, That her husband was
+stationed there, as she believes, because it was said that severals of
+the Highlanders had not delivered up their arms since the Rebellion,
+and wore the highland garb; but that she knows nothing of any
+particular information he had about that time, except that about the
+beginning of harvest, on a Sunday afternoon, a woman, who said she had
+been in the hill, came in where the Serjeant and the deponent were
+sitting at dinner, and said, that she had seen two men in highland
+clothes, and armed, lying at the mouth of a cave, who seemed to be
+herding two cows which she saw, and upon her coming near them,
+consulted among themselves whether they should not bind her lest she
+should return and advertise Serjeant Davies and his party; but however,
+she had got away, and had come immediately to give notice to the
+Serjeant and his party, whereupon he and a party of six men went up in
+quest of them, but found nobody, neither did the deponent hear any more
+of that matter afterwards, _Causa scientiæ patet_: And this is truth,
+as she shall answer to God; and declares she cannot write.
+
+          (Signed)           CH. ARESKINE.
+
+
+DONALD FARQUHARSON, in Glendee, married man, who being solemnly sworn,
+purged of malice and partial council, and interrogate, depones, That in
+summer one thousand seven hundred and forty-nine, Arthur Davies, late
+serjeant in General Guise's regiment, was with a serjeant's command of
+soldiers stationed in Dubrach, in Glendee, in Braemar, in
+Aberdeenshire; and the Serjeant, with his wife, the preceding witness,
+stayed in the house of Michael Farquharson, the deponent's father,
+where the deponent also stayed: Depones, That the Serjeant was a sober
+well behaving man, very civil to the country, and, so far as the
+deponent knew, had the good-will of the country: That he was a good
+manager of his money; and the deponent has seen with him a good deal of
+gold, which he commonly kept in a long purse, either blue or green, the
+deponent does not remember which, and he had also another purse, in
+which he kept his silver: That he had a silver watch, with a seal
+hanging at it, and silver buckles in his shoes, and knees of his
+breeches: That the deponent has seen two vests with him, one with a
+white stripe, and the other of a roe's skin; and that he had a set of
+silver buttons for a vest, which he used with the one or other as he
+had occasion: That he had also two rings, which he told the deponent
+were gold, the one of them a large coarse ring, with a knob on the one
+side of it, either of the shape of a seal or a heart, the deponent does
+not remember which: Depones, That when Serjeant Davies went a-shooting
+or fishing, he was commonly dressed in one of the above vests, and a
+blue meet upper coat, or surtout, with highland brogues, which he had
+purchased for the purpose, and had caused to be made so as to be tied
+with silver buckles: Depones, That on the above gold ring with the
+knob, there was upon the upper side of the knob some scores that the
+deponent did not understand the meaning of: Depones, That the Serjeant
+was wont frequently to take out his purse, either in paying or
+receiving money, or some time even in playing with children; and that
+when he went a-hunting or shooting, he always wore a laced hat, with a
+silver button: Depones, That the last time the deponent saw him was on
+Wednesday the twenty-seventh day of September, one thousand seven
+hundred and forty-nine, the deponent having gone that day to the fair
+at Kirkmichael, eighteen miles from his father's house, and did not
+return till Saturday thereafter: Depones, That at his return, passing
+by the house where the soldiers were quartered, one of them named
+Patrick Ogilvie, asked the deponent whether he had seen Serjeant Davies
+at the fair? and the deponent having answerd that he did not see him,
+and that certainly he had not been there, or he would have seen him,
+Ogilvie then said he was afraid of him, for that he had gone away upon
+the Thursday to meet a patrol from Glenshee, and had not yet returned;
+that they supposed he had gone with that patrol to the fair, but that
+since he was not there, he suspected he had been murdered; and the
+deponent never saw him alive since that time: Depones, That the captain
+of that command to whom the Serjeant belonged, hearing that he was
+amissing, sent a party of men on the Sunday to Dubrach to search for
+his body, and went with them for three or four following days, but
+without any success: Depones, That in the month of June seventeen
+hundred and fifty, the deponent was told by the people in his father's
+house, that Alexander Macpherson, alias M'Gillas, had been there
+inquiring for him, and wanted much to see him, and desired the deponent
+would go to his master's sheilling in Glenconie, about two miles'
+distance from Dubrach, and that he wanted much to speak to him: That
+after some days the deponent went to him, when Macpherson told him that
+he was greatly troubled with an apparition, the ghost of the deceased
+Serjeant Davies, who insisted that he should bury his bones; and that
+he having declined to bury them, the ghost insisted that he should
+apply to the deponent, saying that he was sure Donald Farquharson would
+help to bury his bones: That the deponent could not believe that he had
+seen such an apparition, upon which Macpherson desired him to go along
+with him, and he would show him the bones, and the place where he had
+found them: That the deponent went along with him, which he did the
+rather that he thought it might possibly be true, and if it was, he did
+not know but the apparition might trouble himself: Depones, That they
+accordingly found the bones in a peat-moss, where peats had been casten
+above ground, and near to the top of a hill: That the place was distant
+from Dubrach between two and three miles, between Glenchristie and
+Glenconie, and about half a mile from the road the patroling parties
+commonly take from Dubrach to Glenshee: That the spot where the body
+was lying had the surface of the ground entire, and no peats had been
+casten there: That the flesh had been mostly consumed from the bones,
+and the head separated from the body, and the hair lying by itself,
+separated from the head; and depones, that the hair was of the same
+colour with the Serjeant's hair, a mouse colour: That they also found
+some blue cloth, all torn in rags, some of it under the body, and some
+of it lying by the body; and it appeared to the deponent to be of the
+same kind of cloth with that of the blue coat that the Serjeant
+commonly wore when he went a-shooting: Depones, That the bones were not
+all lying together, but were scattered asunder, particularly some of
+the joints of his arms, and one of his legs; and that some of them were
+scattered at the distance of several yards: Depones, That Macpherson
+told him that when he first found the bones, which was about eight days
+before, that they were lying farther off, under a bank, and he drew
+them out with his staff: Depones, That they also found a pair of
+brogues, which appeared to the deponent to be of the same kind with
+what the Serjeant wore, only with this difference, that the taggs for
+the buckles were cut away, which seemed to have been done with a knife:
+Depones, That he asked Macpherson whether the apparition had told him
+by whom he had been murdered: That Macpherson said he had asked the
+question, and the apparition answered, that if he had not asked him, he
+would have power to have told him: That the deponent also asked him if
+the apparition had given him any orders about carrying his bones to a
+churchyard: Depones, That Macpherson said he had given no answer, and
+thereupon they agreed to bury him in that place; and accordingly they
+dug a hole in the moss, with the shaft of a shovel that Macpherson had,
+and buried the bones there, and laid a part of the blue cloth under the
+bones, and a part of it above it, and covered all with some turfs that
+they had tore up from the moss; and being showed a fusee, depones, that
+one day the Serjeant and the deponent went out a-deer-hunting, and the
+Serjeant, in loading his gun, which was either a French or a Spanish
+piece, happened to put in a ball that was too large for the bore, so
+that he could not, with the ram-rod, drive it down to the powder: That
+the deponent advised him to go to his father's sheilling to get a
+stronger ram-rod; but the Serjeant, being impatient to go about his
+diversion, fired the fusee, and cracked the barrel about the middle;
+and having examined the fusee now produced, observed that the barrel is
+cracked about the same place, and, so far as appears to him, may be the
+same barrel: Depones, That there appears to be some alterations made
+upon the stock since the Serjeant had it: That the but was thicker than
+it is now, and clad with iron at the end; and there was also another
+ring for the keeping of the ram-rod, other than that now shown him:
+Depones, That the gun was shown to the deponent on Wednesday last by
+James Growar, son to Donald Growar in Glendee, who told him that he
+found it in the hill in sight of Glenconie: Depones, That after
+Serjeant Davies was killed or amissing as aforesaid, he saw yellow
+rings on Elizabeth Downie's fingers, spouse to the prisoner, Duncan
+Terig alias Clerk, one of which had a knob upon it, as Serjeant
+Davies's ring also had, but does not remember the shape of either of
+these knobs: Depones, That he asked her whether it was gold, and she
+said it was: Depones, That he saw this ring upon Elizabeth Downie's
+finger before she was married to the prisoner; but it was then reported
+in the country that he was in suit of her for marriage, and has at
+several times, before and since Serjeant Davies was amissing, seen
+other yellow rings upon her fingers, but never saw the ring with the
+knob upon her finger till after the Serjeant was amissing, nor never
+saw it on her finger after she was married; and being asked whether it
+did not strike him, when he saw the ring with the knob on it upon
+Elizabeth Downie's hand, that it was Serjeant Davies's ring, Depones,
+that it did not; and further depones, that he has known Elizabeth
+Downie change her rings every other year: Depones, That after she was
+married, the deponent asked her if she had a gold ring, and she
+answered she never had one but one which was her mother's, which made
+the deponent suppose that the said ring with the knob had been her
+mother's; and depones, that the panel, her husband, was in prison when
+he asked her this question: Depones, That at first there was a report
+in the country that Serjeant Davies had deserted, then it was supposed
+that he had been killed by the thieves, but last of all, the report
+was, that he had been killed by the prisoners, and that has continued
+to be the report of the country for these three years: And being asked
+what he took to be the grounds of that report, Depones, that he took it
+to be, that Macdonald, as Lord Bracco's forrester, had a warrant for
+carrying guns for killing of deer, and he carried Clerk alongst with
+him, and none other of the country had any warrant to carry arms; but
+he heard that some of the people in the country suspected that the ring
+with the knob that he had seen on Elizabeth Downie's finger was
+Serjeant Davies's ring; and being interrogate as to the character of
+the two panels, depones, that he has heard Clerk habite and repute a
+sheep-stealer, but that he never heard any thing of Macdonald, but that
+he once broke the chest of one Corbie, and took some money out of it:
+Depones, That he never heard Clerk get the character of a good
+deer-stalker, though he could shoot wild fowl: Depones, That Alexander
+Macpherson, before mentioned, once served the deponent's father, and is
+accounted an honest lad; but on the panel's interrogatory, Depones,
+that he has been charged with telling of stories, and that all is not
+to be believed that he says; though that is the general character, the
+deponent knows no reason for it: Depones, That Duncan Clerk once
+pursued his accusers before a Sheriff Court at Braemar, and freed
+himself at that time, and, as he heard, got some mends of his accusers,
+but what it was he knows not: That the only particular act of theft he
+heard him accused of, was the stealing of a parcel of sheep from
+Alexander Farquharson in Inverey, and which was the ground of the
+process before mentioned before the Sheriff: Depones, That the Sabbath
+before the Serjeant was amissing, a woman came to the deponent's
+father's house, and told them that, coming through the hills, she had
+seen four thieves in arms, who had separated fourteen of his father's
+cattle, upon which the Serjeant, with a party, went in quest of them
+immediately, but could find none of them, they having, it seems, gone
+off and left the cattle: Depones, That upon the Friday, the
+twenty-ninth of September, the corporal stationed at Glenshee met with
+the deponent at the fair of Kirkmichael, while the deponent was buying
+a pair of shoes, and he told the corporal that they were for Serjeant
+Davies, and the corporal told him that he had parted with the Serjeant
+the day before at the Water of Benow; the Serjeant, after that, was
+going to the hill to get a shot of the deer; which Water of Benow is
+about half a mile's distance from the place where the patrolling
+parties used to meet: Depones, That the prisoner Clerk was a common
+dealer in buying of sheep and cattle; and the deponent has seen him
+both buying and paying the price, and his father was reputed one of the
+richest tenants in Inverey's grounds. _Causa scientiæ patet_; and this
+is truth, as he shall answer to God.
+
+          (Signed)           DONALD FARQUHARSON.
+                             P. GRANT.
+
+
+ALEXANDER M'PHERSON _alias_ M^CGILLAS, in Inverey, being solemnly
+sworn, purged of malice and partial council, and interrogate, aged
+twenty-six years, unmarried, Depones, That in summer one thousand seven
+hundred and fifty, he found lying in a moss bank in the hill of
+Christie, a human body, at least the bones of a human body, of which
+the flesh was mostly consumed, and he believed it to be the body of
+Serjeant Davies, because it was reported in the country that he had
+been murdered in that hill the year before. That when he first found
+this body, there was a bit of blue cloth upon it pretty entire, which
+he took to be what is called English cloth; he also found the hair of
+the deceased, which was of a dark mouse colour, and tied about with a
+black ribbon: That he also observed some pieces of a stripped stuff,
+and found also lying there a pair of brogues, which had been made with
+latches for buckles, which had been cut away by a knife: That he, by
+help of his staff, brought out the body, and laid it upon plain ground,
+in doing whereof some of the bones were separated one from another:
+Depones, That for some days he was in a doubt what to do, but meeting
+with John Growar in the moss, he told John what he had found, and John
+bid him tell nothing of it, otherways he would complain of the deponent
+to John Shaw of Daldownie, upon which the deponent resolved to prevent
+Growar's complaint, and go and tell Daldownie of it himself; and which
+having accordingly done, Daldownie desired him to conceal the matter,
+and go and bury the body privately, as it would not be carried to a
+kirk unkent, and that the same might hurt the country, being under the
+suspicion of being a rebel country: Depones, That some few days
+thereafter, he acquainted Donald Farquharson, the preceding witness, of
+his having seen the body of a dead man in the hill, which he took to be
+the body of Serjeant Davies: That Farquharson at first doubted the
+truth of his information, till the deponent having told him that a few
+nights before when he was in bed, a vision appeared to him as of a man
+clad in blue, who told the deponent, "I am Serjeant Davies;" but that
+before he told him so, the deponent had taken the said vision at first
+appearance to be a real living man, a brother of Donald Farquharson's:
+That the deponent rose from his bed, and followed him to the door, and
+then it was, as has been told, that he said he was Serjeant Davies who
+had been murdered in the Hill of Christie, about near a year before,
+and desired the deponent to go to the place he pointed at, where he
+would find his bones, and that he might go to Donald Farquharson, and
+take his assistance to the burying of him: That upon giving Donald
+Farquharson this information, Donald went along with him, and finding
+the bones as he informed Donald, and having then buried it with the
+help of a spade which he the deponent had alongst with him: And for
+putting what is above deponed upon out of doubt, Depones, that the
+above vision was the occasion of his going by himself to see the dead
+body, and which he did before he either spoke to John Growar,
+Daldownie, or any other body: And further Depones, that while he was in
+bed another night after he had first seen the body by himself, but had
+not buried it, the vision again appeared naked, and minded him to bury
+the body; and after that he spoke to the other folks above mentioned,
+and at last complied, and buried the bones above mentioned: Depones,
+That upon the vision's first appearance to the deponent in his bed, and
+after going out of the door, and being told by it he was Serjeant
+Davies, the deponent asked him who it was that had murdered him, to
+which it made this answer, that if the deponent had not asked him, he
+might have told him, but as he had asked him, he said he either could
+not or would not, but which of the two expressions the deponent cannot
+say; but at the second time the vision made its appearance to him, the
+deponent renewed the same question, and then the vision answered, that
+it was the two men now in the panel that had murdered him: And being
+further interrogate in what manner the vision disappeared from him
+first and last, Depones, That after the short interviews above
+mentioned, the vision at both times disappeared and vanished out of his
+sight in the twinkling of an eye; and that in describing the panels by
+the vision above mentioned as his murderers, his words were, Duncan
+Clerk and Alexander Macdonald: Depones, That the conversation betwixt
+the deponent and the vision was in the Irish language: Depones, That
+several times in the harvest before the Martinmas after seeing the said
+vision, he was applied to by Duncan Clerk, the panel, then to enter
+home to his service at that time, which accordingly he did, and staid
+in his service just a year, and he being in the hill together with
+Duncan Clerk, spying a young cow, desired the deponent to shoot it; and
+tho Duncan did not bid him carry it home after it should be shot, yet
+the deponent understood that to be the purpose, when Duncan desired him
+to shoot it, and which the deponent refused to do, adding, that it was
+such thoughts as these were in his head when he murdered Serjeant
+Davies, upon which some angry expressions happened between Duncan and
+the deponent; but when the deponent insisted upon it that he could not
+deny the murder, Duncan fell calm, and desired the deponent to say
+nothing of that matter, and that he would be a brother to him, and give
+him every thing he stood in need of, and particularly would help him to
+stock a farm when he took one; and the time of deponing, the deponent
+exhibited a paper, which is marked on the back by the Lord Examiner,
+the deponent averring he cannot write: And depones, That the said paper
+was put in his hands by the said Duncan Clerk, who at the time told him
+it was a premium of twenty pounds Scots to hold his tongue of what he
+knew of Serjeant Davies: Depones, That while the deponent was in the
+panel Duncan Clerk's service, and about Lammas seventeen hundred and
+fifty-one, he showed to the deponent a long green silk purse, and that
+he showed also to the deponent the contents which were in it, _viz._
+sixteen guineas in gold, and some silver: And being interrogate what
+was the occasion of showing this purse and money to the deponent,
+Depones, it was one of two which he does not remember, either he had
+come from Aberdeen with money, which he had got for his wool, or was
+going to Badenoch to buy sheep: Depones, That he saw upon the finger of
+Elizabeth Downie, the panel Duncan Clerk's wife, a yellow ring, which
+she told him was gold, with a plate on the outside of it, in the form
+of a seal, and that he saw it on her finger six or eight weeks before
+her marriage; and that after her marriage, she having one day taken it
+off her finger, he saw upon the inside of it a stamp, but what that
+stamp is he does not know. And being interrogate, Depones, That he had
+a suspicion that this ring was Serjeant Davies's ring, having heard it
+reported in the country that Serjeant Davies had such a ring upon his
+finger when he was murdered, but does not remember his having told his
+suspicion to any body; and being further interrogate, depones, That
+since the panel Duncan's imprisonment, the deponent was solicited by
+Donald Clerk, the panel Duncan's brother, to conceal what he knew when
+he came to give evidence; but this was after his having first solicited
+the deponent to leave the country, that he might not give evidence, and
+upon the deponent's saying he offered him nothing to leave the country
+with; but then it was that Donald proposed his not giving true
+evidence, adding, that of every penny Donald was worth, the deponent
+should have the half; and being interrogate, at the desire of the Jury,
+if ever he had asked payment of the twenty pounds contained in the
+above-mentioned paper produced by him, Depones, That he once did,
+shortly after the term of payment, to which Duncan answered, that it
+would be as well to let it ly in his hands, to which he was satisfied,
+and that he never asked payment of the annual rent; and being further
+interrogate, Depones, that before the deponent went home to the panel's
+service at Martinmas one thousand seven hundred and fifty, it was well
+known and reported in the country that the bones of the dead body found
+upon the above mentioned hill had been buried by the deponent and
+Donald Farquharson, as also was the story of the vision or apparition
+whereof the deponent had told Donald Farquharson; and being interrogate
+for the panel, Depones, that he not only told the story of the vision
+or apparition to Donald Farquharson, as above mentioned, but that he
+also told it to John Growar and Daldownie before he mentioned it to
+Donald Farquharson: Depones, That there were folks living with him at
+the sheilling the time the vision appeared to him as above, but that he
+told it to none of them; and adds, that Isobel M'Hardie, in Inveray, a
+woman then in the sheilling with him, has told him since, that she saw
+such a vision as the deponent has above described, and has told him
+herself so much; and upon the panel's interrogatory, depones, that upon
+the vision's appearing to him, it described the place where he would
+find the bones so exactly, that he went within a yard of the place
+where they lay upon his first going out: And this is the truth, as he
+shall answer to God; and depones he cannot write.
+
+          (Signed)           JA. FERGUSON.
+
+
+Compeared Duncan Campbell, one of the captains of the City Guard of
+Edinburgh, and was solemnly sworn, as he should answer to God, that he
+should interrogate in the Irish language such of the witnesses as
+should be afterwards adduced in this trial, as could not speak or
+understand the English language, and reduce the depositions, as they
+should emit the same, faithfully in the English language into writing.
+
+          (Signed)           DUNCAN CAMPBELL.
+                             JA. FERGUSON.
+
+
+ISOBEL M'HARDIE in Inverey, who being solemnly sworn, purged of malice
+and partial council, aged forty and upwards, married, examined and
+interrogate: Depones, That one night about four years ago, when the
+deponent was lying in one end of the shealling, and Alexander
+M'Pherson, who was then her servant, lying in the other, she saw
+something naked come in at the door, which frighted her so much that
+she drew the clothes over her head: That when it appeared, it came in
+in a bowing posture, and that next morning she asked M'Pherson what it
+was that had troubled them the night before? to which he answered, she
+might be easy, for that it would not trouble them any more. _Causa
+scientiæ patet._ And this is truth, as she shall answer to God. And
+this deposition is subscribed by the said sworn interpreter.
+
+          (Signed)           DUNCAN CAMPBELL.
+                             JA. FERGUSON.
+
+
+Compeared, JAMES MACDONALD in Allanquoich, solemnly sworn, purged of
+malice and partial council, aged thirty-one years, married, examined
+and interrogate: Depones, That it is about two or three years since
+Clerk, the panel, was married to Elizabeth Downie, Alexander Downie's
+daughter, and hearing it reported in the country, that he should have
+said, that if his son-in-law had not killed Serjeant Davies, Serjeant
+Davies would have killed him: That the deponent asked of Alexander
+Downie, about lentron last, whether he had said so? and Alexander
+Downie acknowledged to him that he had said so: And the deponent heard
+that the occasion of this report in the country was, that Alexander
+Downie being at a miln, some of the people there upbraided Alexander
+Downie with his son-in-law Clerk, the panel, his having killed the said
+Serjeant: And Downie said, as the deponent heard, what could his
+son-in-law do, since it was in his own defence: Depones further, That
+he saw upon Elizabeth Downie, Clerk's wife, her thumb, a yellow ring,
+which he took to be gold; and this he saw after her marriage, having a
+little knap upon it like into a seal, having scores or lines round
+about it, and this he saw frequently upon her hand, which ring the
+deponent suspected to be Serjeant Davies's ring, and it was so
+suspected in the country. _Causa scientiæ patet._ And this is the
+truth: And says further, That Clerk the panel, was reputed to be guilty
+of thieving in the country, but that he heard nothing to the prejudice
+of M'Donald's character: And being interrogate for the panel, depones,
+That he never heard Clerk the panel, guilty of any particular theft
+except one of a parcel of sheep, from one Alexander Farquharson in
+Inverey, about nine or ten years ago. All which is truth, as he shall
+answer to God; and depones he cannot write.
+
+          (Signed)           ALEX^R FRASER.
+
+
+Compeared PETER M'NAB in Wester Micras, aged fifty-seven years,
+solemnly sworn, purged of malice and partial council, examined and
+interrogate: Depones, That it is now about four years ago, since he
+heard it reported in the country, that the two men, Clerk and
+Macdonald, the panels, were the people who murdered Serjeant Davies,
+and a little time after Elizabeth Downie was married to Clerk the
+panel: The deponent happened to be in Alexander Downie her father's
+house, and then saw upon her finger a ring, pretty massy, having a lump
+upon it pretty large; and the deponent got the ring into his hand, and
+the lump appeared to the deponent to be something in the shape of a
+heart: And the deponent asked Elizabeth Downie how she came by that
+ring? to which she answered, that she had bought it from one James
+Lauder, a merchant: The deponent replied, that he thought it was cheap
+and worth more money, and that it was reported in the country, that the
+said Elizabeth Downie was wearing rings of Serjeant Davies's, but he
+never saw her have any but that one: And further adds, that he never
+heard any other suspected of the murder of Serjeant Davies but the
+panels, except once, that it was suspected to have been done by
+caterers; and he also heard, for a twelvemonth after Serjeant Davies
+was amissing, that he had deserted; nevertheless the general report or
+belief of the country was, that the two panels had murdered him. _Causa
+scientiæ patet._ And this is the truth, as he shall answer to God.
+
+          (Signed)           PETER MACNAB.
+                             ALEX^R FRASER.
+
+
+Compeared ISOBEL EGO, in Teantoul, aged eighteen years, or thereby,
+solemnly sworn, purged of malice and partial council, examined and
+interrogate by the sworn interpreter aforesaid, Depones, That about
+four years ago she found upon the Hill of Christie a silver-laced hat,
+with a silver-button on it; which hat she carried home to her master,
+Alexander Macdonald in Inverey, and delivered it to him. _Causa
+scientiæ patet._ And this is the truth, as she shall answer to God; and
+depones she cannot write. And this deposition is subscribed by the
+foresaid sworn interpreter.
+
+          (Signed)           DUNCAN CAMPBELL.
+                             ALEX^R FRASER.
+
+
+Compeared ALEXANDER MACDONALD, in Inverey, aged thirty years and
+upwards, married; solemnly sworn, purged of malice and partial council,
+examined and interrogate, Depones, That about four or five years ago,
+after Serjeant Davies was amissing, his servant-maid, Isobel Ego, the
+immediate preceding witness, being sent to the hills of Inverey to look
+for some horses, when the said servant-maid returned, she told the
+deponent's wife, as she told him, that she had come home richer than
+she went out, having found in the hill a silver-laced hat: That his
+wife, upon seeing the said hat, had no peace of mind, believing it to
+be Serjeant Davies's hat, and desired it might be put out of her sight:
+That the deponent, who was abroad, having come home, took the hat and
+put it below a stone near to a burn which run by his shealling, where
+his wife then was: That the hat was carried away from under the said
+stone, but who it was that carried it off the deponent knows not.
+_Causa scientiæ patet._ And this is the truth, as he shall answer to
+God; and depones he cannot write. And this deposition is signed by the
+said sworn interpreter.
+
+          (Signed)           DUNCAN CAMPBELL.
+                             ALEX^R FRASER.
+
+
+DONALD DOWNIE, at the miln of Inverey, aged thirty years or thereby;
+solemnly sworn, purged of malice and partial council, by the sworn
+interpreter aforesaid, and by him interrogate, Depones, That he was
+loading his horse with corn, to be carried into the barnyeard at the
+miln of Inverey, upon that day that Serjeant Davies was amissing: That
+between the midday and sunset he heard three gunshots, but cannot tell
+from what particular place the sound came: That the three shots were
+pretty near one another, and all within less than a quarter of an hour.
+Depones, That the Hill of Christie, libelled, is about a mile's
+distance to the entrance thereof from the place where he then was, and
+that it will be at least three miles from there to the place where the
+bones were found. Depones, That he was told that Isobel Ego, a
+preceding witness, found a hat in the Hill of Christie, which she
+brought home and delivered to her master: That he heard her master hid
+it at the Burnside, under a stone: That some time thereafter some of
+the bairns of Inverey found the said hat, and brought it to his the
+deponent's father's house, where he saw it; and the hat libelled being
+shown to him, depones, he having inspected it, That it is the same hat
+which was so brought to his father's house, and pointed out the letters
+D. A. thereon at deponing, and that he himself delivered the said hat
+to James Small, factor on the estate of Strowan. _Causa scientiæ
+patet._ And this is the truth, as he shall answer to God.
+
+          (Signed)           DONALD DOWNIE.
+                             ALEX^R FRASER.
+
+
+JOHN COOK, barrackmaster at Braemar Castle, aged thirty years and
+upwards, _solutus_, solemnly sworn, purged of malice and partial
+council, examined and interrogate, Depones, That the hat libelled now
+shown to him, was delivered by Donald Downie, the preceding witness, to
+James Small, before designed, at the house of one Charles, in
+Castletown of Braemar, and was delivered to the said deponent by Mr
+Small, to be kept by him till it should be called for; and that he
+brought it along with him to town, and he knows it to be the same by
+the letters D. A. which he often observed thereon, and now at deponing:
+Depones, That after Serjeant Davies was amissing, a report sprung up,
+that one Levingston, a soldier, having a prejudice at him, had murdered
+him; but, upon enquiry, it being found, who had had leave of absence,
+returned to the garrison the afternoon of that day on which the
+Serjeant was amissing; the report thereon ceased, and about ten days
+thereafter it was reported that the Serjeant had been murdered by two
+young men about Inverey. And about a year and a half after the Serjeant
+had been amissing, he heard Duncan Clerk the panel named as one of
+them, but never heard any thing of Alexander Macdonald, the other
+panel, till he was committed prisoner to the Castle of Braemar in
+September last. _Causa scientiæ patet._ And this is the truth, as he
+shall answer to God.
+
+          (Signed)           JOHN COOK.
+                             HEW DALRYMPLE.
+
+
+Compeared JOHN GRANT, in Altalaat, aged forty years and upwards,
+married, solemnly sworn, purged of malice and partial council, examined
+and interrogate: Depones, That both the panels lodged in his house upon
+the night of the twenty-seventh of September, one thousand seven
+hundred and forty-nine: That next morning they breakfasted, after the
+sun rising, with him; and as he was going to a Michaelmas fair, when he
+came out of his house, he looked and saw the two panels at his door,
+each having a gun in his hand, and they told him that they intended to
+go a deer hunting, but did not mention to what place: That the deponent
+accordingly went to the fair, and returned in about four days home, and
+then heard that a soldier who had been upon some of the hills was
+amissing, and in a very short time heard it was Serjeant Davies: That
+at first it was rumoured that some of the Serjeant's own men had killed
+him; and afterwards that he had been killed by some outlaws; and after
+that it was clattered that the panels had killed him: Depones, That the
+night the panels lodged with him as above, one of them talked of going
+the next morning in quest of horses for leading in corn, without
+mentioning from where. _Causa scientiæ patet._ And this is the truth,
+as he shall answer to God. This deposition signed by Duncan Campbell,
+sworn interpreter.
+
+          (Signed)           DUNCAN CAMPBELL.
+                             HEW DALRYMPLE.
+
+
+JOHN GRANT, son to the said John Grant in Altalaat, aged twenty years,
+solemnly sworn, purged of malice and partial council, by the sworn
+interpreter aforesaid, and by him interrogate: Depones, That he knows
+the panels, and that they lodged with his father the night of the
+twenty-seventh of September, one thousand seven hundred and forty-nine:
+That next morning the panels, each of them having a gun, and Duncan
+Clerk a grey plaid about him, went up the water to the hill of Gleneye,
+which is about a mile and a half distant from the hill of Christie:
+That the road they took was not the direct road to the hill last named;
+and before they went they said they were going a deer hunting and for
+horses to lead in their corns: That three or four days after this, they
+heard that Serjeant Davies was amissing, and that he was killed in the
+hill of Christie; but the last part of this he did not hear till some
+time, a year or two thereafter. _Causa scientiæ patet._ And this is
+truth, as he shall answer to God.
+
+          (Signed)           DUNCAN CAMPBELL.
+                             HEW DALRYMPLE.
+
+
+ELSPETH MACARA, in Inverey, late servant to Duncan Clerk, one of the
+panels, aged thirty-two years; solemnly sworn, purged of malice and
+partial council, as aforesaid, and interrogate, Depones, That she was
+fellow-servant, about three years ago, with Alexander Macgillies, a
+preceding witness, in Duncan Clerk, the panel's house: That she once
+saw in the said Alexander's hands a yellow ring, but knows not if it
+was gold, with a knob upon it of the same metal; which ring she
+frequently observed on the finger of the wife of the said Duncan Clerk.
+And further depones, That the said knob was bigger above and smaller
+below, and shaped something like a heart. _Causa scientiæ patet._ And
+this is truth, as she shall answer to God. This deposition signed by
+the above interpreter.
+
+          (Signed)           DUNCAN CAMPBELL.
+                             HEW DALRYMPLE.
+
+
+JOHN GROWAR, in Inverey, aged fifty years and upwards, a widower; who
+being solemnly sworn, purged of partial council, and interrogate,
+Depones, That upon the 28th of September, 1749, the deponent having
+gone to a glen called Glenconie, to bring home his horses to lead in
+the corns, he met with Serjeant Davies, of whom he had some
+acquaintance before; and he had at that time a good deal of
+conversation with him, particularly with relation to a tartan coat
+which the Serjeant had observed the deponent to drop, and after
+strictly enjoining him not to use it again, dismissed him, instead of
+making him prisoner: That the deponent went home with his horses, and
+saw no more of the Serjeant, who was alone; and that their meeting was
+about an hour after sunrising, to the best of the deponent's knowledge:
+That some time thereafter, about four years ago, he was told by
+Alexander Macpherson _alias_ M'Gillies, a former witness, that the
+Serjeant's ghost had appeared to him, M'Gillies, and had desired him to
+bury his, the Serjeant's, bones, and to bring Donald Farquharson, also
+a former witness, along with him; but M'Gillies at that time did not
+mention the place where the bones were to be found, but afterwards told
+the deponent that the Serjeant's bones were found in the place to which
+the ghost had directed him; and one day the said M'Gillies and the
+deponent being in the hill together, he, M'Gillies, pointed to him the
+place where they were found, which was not far from the place in which
+he had formerly met Serjeant Davies, upon the 28th of September
+aforesaid; and that two years ago, in labouring time, the said
+M'Gillies told him that the said ghost came to M'Gillies's master's
+house, and the door flung open, and took M'Gillies out of the house,
+and told him that the panels had been his murderers. Depones, That
+about two years ago he had a conversation with M'Gillies, who told him,
+that one day coming from the hill with Duncan Clerk, the panel, then
+his master, and another time when in bed, he had a conversation with
+the said Duncan concerning Serjeant Davies's murder, and all the answer
+Duncan made was, What can you say of an unfortunate man? Depones, That
+about ten or eleven years ago, Duncan Clerk, the panel, was said to
+have stolen some sheep from one Alexander Farquharson, in Inverey, and
+there was a Sheriff-court held upon that matter at the Mill of
+Achindryne, in which nothing was found against the said Duncan, but
+John Ewes alias M'Donald was fined, and the deponent became cautioner
+for him, that he should never speak about it again. _Causa scientiæ
+patet._ And this is the truth, as he shall answer to God.
+
+          (Signed)           JOHN GREWER.
+                             HEW DALRYMPLE.
+
+
+ANGUS CAMERON, in Easter Finart, Rannach, aged thirty years and
+upwards, solemnly sworn, purged of malice and partial council, by
+Duncan Campbell, sworn interpreter, and by him interrogate, Depones,
+That he was in Braemaar four years past at Michaelmas last; that is, in
+the year 1749: That about an hour and a half before sun-set on the 28th
+of September, he being on the hill of Galcharn, on the side thereof,
+saw a man in a blue coat, with a gun in his hand, with a hat which had
+a white edging about it, he knows not whether it was silver or not; and
+saw other two men, one of whom was the panel Duncan Clerk, who he had
+seen upon former occasions, and another man of a lower stature than the
+said Duncan Clerk, coming up the hill towards the first mentioned man,
+who was distant from him, the deponent, about a gunshot, upon, or near
+the top of a hill opposite to him, the deponent, the name of which he
+does not know, he being a stranger in that country; that there was
+another man along with him, the deponent, named Duncan Cameron, and
+that they were waiting there for other travellers, and his said
+companion is dead about three years ago: Depones, That he saw Duncan
+Clerk, the panel, and his companion, whom he did not, nor does not
+know, meet with the man clad in blue, as aforesaid; and after they had
+stood for some time together, he saw Duncan Clerk, the panel, strike at
+the man in blue, as he thought, with his naked hand only, upon the
+breast; but, upon the stroke, he heard the man struck cry out, and clap
+his hand upon the place struck, turn about, and go off: That the panel
+Duncan Clerk and the other man stood still for a little, and then
+followed after the man in blue, and saw him, the said Duncan and the
+other man, each of whom had a gun, fire at the man in blue: That the
+two shots were very near one another; and immediately upon them, the
+man in blue fell: That Duncan Clerk, the panel, had upon him a grey
+plaid, with some red in it, whom he saw that same day, and his
+companion along with him, (but spoke to none of them,) about mid-day,
+and that they passed him as he was lying upon the same hill; and that
+both times that same day, that he had occasion to see the said Duncan
+Clerk and his companion, he was lying in a little hollow upon the side
+of the said hill of Galcharn, in such a manner, as he thinks, neither
+the said Duncan Clerk, or his companion did see him: And depones, That
+there was no long heather in the said hollow where he was lying:
+Depones, That after the man in blue fell, in manner above mentioned,
+the panel Duncan Clerk, and his companion, went up to him; and as it
+was the deponent's opinion the man was dead, he saw them stoop down,
+and handle his body; and while they were so employed, he, the deponent,
+and his companion, got up, and made off: Depones, That he did not
+mention any thing of the premises to any body for nine months or a
+twelve month, and then he spoke of it to one Donald Cameron, and to
+Duncan Cameron, a different man from him above mentioned, who advised
+him to say nothing of it, as it might get ill-will to himself, and
+bring trouble on the country; some people that he told it to said, that
+people would not believe him, but rather think he was telling lies:
+That it was six months after what he saw, and has deponed upon, that he
+heard that Serjeant Davies was amissing. And being interrogate for the
+panels, depones, That he came to the said hill of Galcharn, and lay
+down in the hollow about two hours after sun-rising; and depones, That
+he and his companion were, the night before the twenty-eighth of
+September aforesaid, in Glenbruar Braes, which is about ten miles
+distant from the hill of Galcharn; and that he left these braes about
+the end of said night; and that the travellers that he expected to pass
+that day were Donald Cameron, who was afterwards hanged, together with
+some of the said Donald's companions from Lochaber. _Causa scientiæ
+patet._ And this is the truth, as he shall answer to God. This
+deposition signed by the sworn interpreter aforesaid.
+
+          (Signed)           DUNCAN CAMPBELL.
+                             HEW DALRYMPLE.
+
+
+DUNCAN CAMERON, in Dunan, aged twenty-eight years, unmarried, solemnly
+sworn, purged of malice and partial council, examined and interrogate,
+Depones, That in the summer after he had heard that one Serjeant Davies
+was amissing, Angus Cameron, a preceding witness, told the deponent
+that he saw Duncan Clerk, and another person unknown, shoot a man in
+Braemaar, whom the said Angus, by his dress, believed to be a serjeant
+or officer; upon which the deponent said he did not want to hear any
+more on that subject. _Causa scientiæ patet._ And this is the truth, as
+he shall answer to God.
+
+          (Signed)           DUNCAN CAMERON.
+                             GILB. ELLIOT.
+
+
+DONALD DOW CAMERON, in Milntown of Ashintilly, Strathardle, aged
+forty-four years, married; who being solemnly sworn, and purged of
+partial council, by Duncan Campbell, sworn interpreter aforesaid, and
+by him interrogate, Depones, That in the summer after he heard that a
+serjeant in Braemaar was amissing, whose name he thinks was Davidson,
+or something like that, Angus Cameron, a preceding witness, told the
+deponent that he had seen Duncan Clerk the panel, and another man along
+with him, shoot a man, like a gentleman or an officer, upon a hill in
+Braemaar: That upon this the deponent told the said Angus Cameron that
+he did not want to hear more any such stories, nor to have such a
+report raised of the country; and the deponent at the same time advised
+Angus to keep the thing secret, and to speak no more on the subject.
+_Causa scientiæ patet._ And this is the truth, as he shall answer to
+God. This deposition signed by the sworn interpreter aforesaid.
+
+          (Signed)           DUNCAN CAMPBELL.
+                             GILB. ELLIOT.
+
+
+LAUCHLAN M'INTOSH, in Inverey, aged near thirty years, unmarried,
+solemnly sworn, purged of malice and partial council, examined and
+interrogate by the sworn interpreter aforesaid, Depones, That the
+panel, Duncan Clerk's father, his house is within less than a quarter
+of a mile of the deponent's house: That upon the afternoon of that day
+in which Serjeant Davies was amissing, as he thinks, or at least the
+afternoon of the day following, he cannot be altogether positive which,
+he saw Duncan Clerk, panel, come from the hill to his father's house,
+with a gun in his hand, and a sort of grey plaid about him: That he
+does not remember that he saw him about his father's house before that
+time in the afternoon of that day. _Causa scientiæ patet._ And this is
+the truth, as he shall answer to God.
+
+          (Signed)           LAUCHLAN M'INTOSH.
+                             GILB. ELLIOT.
+
+
+JEAN DAVIDSON, spouse to Gregor Keir, in Inverey, aged thirty years,
+married; who being solemnly sworn, and purged of malice and partial
+council, by the sworn interpreter aforesaid, Depones, That she lived in
+the same town with Duncan Clerk, the panel's father, who is now dead:
+That the evening of the day upon which Serjeant Davies was first
+amissing, she saw Duncan Clerk, the panel, return from the hill to his
+father's house about sun-setting, having a plaid upon him, with a good
+deal of red in it, but whether he had a gun in his hand the deponent
+did not observe: That Duncan Clerk's father was that day working among
+his corns; and the deponent did not see the said Duncan about the town
+till the evening, as above deponed upon. And further depones, being
+interrogate for the panel, That when she first saw Duncan Clerk, she
+was among the corns with his father a little below the town, and that
+Duncan was about a gun-shot from her, coming towards his father's house
+from the hill, and that he came near to the place where she was with
+his father. _Causa scientiæ patet._ And this is the truth, as she shall
+answer to God. And this deposition is signed by the foresaid sworn
+interpreter.
+
+          (Signed)           DUNCAN CAMPBELL.
+                             ALEX^R FRASER.
+
+
+LAUCHLAN M'INTOSH, servant to William Grant of Burnside, aged
+twenty-one years, solemnly sworn, purged of malice and partial council,
+examined and interrogate, Depones, That he was a servant to Michael
+Farquharson in Dubrach, in whose house Serjeant Davies quartered: That
+he saw the Serjeant have a little pen-knife, upon the end of the haft
+of which there was a seal for sealing of letters, and he heard the
+Serjeant say that was the use he made of the said seal: That he saw
+Serjeant Davies leave his master's house about sun-rising that day upon
+which he was amissing; that he never saw him since: That about two
+years thereafter, being on the hill with Alexander Macdonald the panel,
+and the said Alexander Macdonald had in his hand a pen-knife, which the
+deponent saw, very like the pen-knife which Serjeant Davies had above
+mentioned: That the deponent, upon seeing that pen-knife, told
+Macdonald that the pen-knife he then had was very like Serjeant
+Davies's pen-knife, and Macdonald made answer that there were many
+siclikes: And further depones, That he saw the Serjeant have a green
+silk purse, in which he saw the Serjeant put in and take out several
+pieces of gold: The deponent does not remember what the handle of the
+Serjeant's knife was made of, nor does he remember what was engraven on
+the end of the handle of the pen-knife which the Serjeant had, nor the
+end of the handle of the pen-knife which Macdonald had, but that both
+seals were white. _Causa scientiæ patet._ And this is the truth, as he
+shall answer to God. And depones he cannot write.
+
+          (Signed)           ALEX^R FRASER.
+
+
+JOHN BROWN in Drumcraggan, aged sixty years, or thereby, solemnly
+sworn, purged of malice and partial council by the sworn interpreter
+aforesaid, and by him interrogate, Depones, That he was ground-officer
+for the lands of Inverey, and was so at the time when Serjeant Davies's
+body was amissing: That he was ordered by the Chamberlain of Inverey,
+to call out the country people in search for Serjeant Davies's body,
+which accordingly he did search for with the country people for two
+days, without finding it: That the last of the two days, as the
+deponent and the country people were returning home, and had given over
+the search, the panel, Duncan Clerk, challenged the deponent for
+troubling the country people with such an errand, and upon this the
+deponent and the said Duncan Clerk had some scolding words. _Causa
+scientiæ patet._ And this is the truth, as he shall answer to God. And
+depones he cannot write. And this disposition is signed by the foresaid
+sworn interpreter.
+
+          (Signed)           DUNCAN CAMPBELL.
+                             ALEX^R FRASER.
+
+
+_Follows the Witnesses adduced by the Panels in exculpation._
+
+
+Captain JOHN FORBES of New, aged forty-five years, married, who being
+solemnly sworn, purged of malice and partial council, examined and
+interrogate, Depones, That James Small having suggested to the deponent
+that it might be proper that Duncan Clerk the panel's wife, should be
+examined upon what rings she had in her possession, and that some other
+witnesses in relation thereto, might be precognosced, presented a
+petition to the deponent, as the next Justice of Peace to where she
+lived, craving, to the purpose above mentioned: That the deponent went
+for that end to Braemaar; and she being summoned to appear at the
+Castletown of Braemaar, appeared before the deponent, and declared, in
+substance, as follows: That since she was married, a small brass ring,
+which she then presented to the deponent, and a gold ring which she got
+from her mother, and wore sometimes, were the only rings that she had
+since her marriage; and that before her marriage she got a copper ring
+from one Allan M'Donald, brother to James Macdonald, in Allanquoich,
+with a round knot of the same metal raised upon it, which, the summer
+before she was married, she gave to Alexander M'Intosh alias Rioch,
+then a glen-herd, and now servant to Thomas Gordon in Fetherletter, in
+Strathaven, and that she was married to the said Duncan Clerk, panel,
+in harvest 1751. _Causa scientiæ patet._ And this is the truth, as he
+shall answer to God.
+
+          (Signed)           JOHN FORBES.
+                             HEW DALRYMPLE.
+
+
+DUNCAN KEIR, in Glenmuick, aged twenty and upwards, unmarried, solemnly
+sworn, purged and interrogate, Depones, That the day that the Braemaar
+men were going to the Michaelmas fair in Strathaven, which was the day
+before the said fair held, he saw Duncan Clerk, the panel, at Gleney,
+where the deponent then lived, before he and the other shearers there
+had got their dinner, and that they dined sometimes later and sometimes
+more early, and cannot tell at what time they dined that day, but the
+sun was a good while high when he saw him: That he had on a plaid,
+which he thinks was grey: That Gleney is a mile farther up the water
+than Inverey towards the hill; and the next day, after he saw the said
+Duncan Clerk as above, he heard that Serjeant Davies was amissing.
+_Causa scientiæ patet._ And this is the truth, as he shall answer to
+God. And depones he cannot write.
+
+          (Signed)           HEW DALRYMPLE.
+
+
+ELIZABETH MACDONALD, in Tulloch of Invercauld, aged twenty-eight years,
+unmarried, solemnly sworn, purged and interrogate by the sworn
+interpreter aforesaid, Depones, That the day before she heard Serjeant
+Davies was amissing, she saw Duncan Clerk, the panel, at the shearers
+of Gleney, but did not observe from whence he came: That she does not
+remember that he had either a gun or a plaid, but thinks that he had a
+short blue coat upon him, and that Gleney is a mile farther up the
+water towards the hill than Inverey: That when she saw the said panel
+it was before dinner, which they took early that day, being betwixt
+twelve and one; and that Duncan Keir, the preceding witness, was one of
+the said shearers; and that Gleney is about a mile from Glenconie.
+_Causa scientiæ patet._ And this is the truth, as she shall answer to
+God. This deposition signed by the said sworn interpreter.
+
+          (Signed)           DUNCAN CAMPBELL.
+                             HEW DALRYMPLE.
+
+
+The Lords Commissioners of Justiciary fine and amerciate Ronald
+Macdonald, brother to James Macdonald in Allanquoich, and Alexander
+Macintosh _alias_ Reoch, now servant to Thomas Gordon of Fetterletter,
+in Strathaven, and each of them, in the sum of one hundred merks Scots
+money, for their not appearing this day and place, to bear leal and
+soothfast witnessing, in so far as they knew, or should be asked at
+them, anent the said panels, Duncan Terig _alias_ Clerk, and
+Alexander Bain Macdonald, their guiltiness of the crime of murder
+mentioned in the said indictment, raised at the instance of his
+Majesty's advocate against them thereanent, as they, who were lawfully
+cited for that effect, thrice called, and not compearing.
+
+          (Signed)           GILB. ELLIOT, I.P.D.
+
+
+The Lords ordain the assize forthwith to inclose in the Exchequer-Room,
+and to return their verdict against six o'clock in the afternoon
+to-morrow, in this place; and ordain the haill fifteen then to be
+present, and the panels to be carried back to prison.
+
+
+    _CURIA JUSTICIARIA S. D. N. Regis tenta in Nova Sessionis Domo
+    Burgi de Edinburgh, Duodecimo die Mensis Junij, 1754, per
+    honorabiles viros Carolum Areskine de Alva, Justiciarium Clericum,
+    Dominum Gilbertum Elliot de Minto, Magistros Alexandrum Fraser de
+    Strichen, Patricium Grant de Elchies, et Hugonem Dalrymple de
+    Drummore, Commissionarios Justiciarios dict. S. D. N. Regis._
+
+                       _Curia legittime affirmata._
+
+                                   INTRAN.
+
+    DUNCAN TERIG _alias_ CLERK, and ALEXANDER BAIN MACDONALD,--Panels.
+
+    Indicted and accused as in the former Sederunt.
+
+    The persons who past upon the assize of the said panels, returned
+    their verdict, in presence of the saids Lords, whereof the tenor
+    follows:
+
+    AT EDINBURGH, the twelfth day of June, one thousand seven hundred
+    and fifty-four years.
+
+
+THE ABOVE ASSIZE having inclosed, and having made choice of Robert
+Forrester to be their chancellor, and William Sands to be their clerk;
+and having considered the criminal indictment pursued at the instance
+of William Grant of Prestongrange, Esq., his Majestie's Advocate, for
+his Majestie's interest, against Duncan Terig alias Clerk, and
+Alexander Bain Macdonald, both now prisoners in the tolbooth of
+Edinburgh, panels, with the Lords Justice-Clerk and Commissioners of
+Justiciary, their interlocutor thereupon; together with the depositions
+of the witnesses adduced for proving thereof; and the depositions of
+the witnesses adduced for the exculpation of the panels, they all, in
+one voice, find the above-named panels not guilty of the crimes
+libelled. In witness whereof, their said chancellor and clerk, in their
+names, have subscribed thir presents, place and date foresaid.
+
+          (Signed)           ROB^T FORRESTER, _Chanl^r_.
+                             WILLIAM SANDS, _Clerk_.
+
+
+THE LORDS JUSTICE-CLERK AND COMMISSIONERS OF JUSTICIARY, in respect of
+the foresaid verdict of assize returned against the said Duncan Terig
+_alias_ Clerk, and Alexander Bain Macdonald, panels, ASSOILZIE them
+simpliciter, and dismiss them from the bar.
+
+          (Signed)           CH. ARESKINE, I.P.D.
+
+
+
+
+
+
+End of the Project Gutenberg EBook of Trial of Duncan Terig, alias Clerk,
+and Alexander Bane Macdonald, by Sir Walter Scott
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diff --git a/26133-8.zip b/26133-8.zip
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@@ -0,0 +1,3469 @@
+<!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"
+        "http://www.w3.org/TR/html4/loose.dtd">
+<html lang="en">
+<head>
+<meta http-equiv="content-type" content="text/html; charset=iso-8859-1">
+<title>
+The Project Gutenberg eBook of Trial of Duncan Terig, alias Clerk, and Alexander Bane
+Macdonald, by Sir Walter Scott
+</title>
+<style type="text/css">
+
+    <!--
+	body {margin-left: 13%;
+		margin-right: 13%;}
+
+	p {text-indent: 0em;
+		text-align: justify;
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+		margin-bottom: .85em;
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+
+
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+		font-size: 98%;
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+	table {margin-left: auto; margin-right: auto;}
+	td.center {text-align: center;}
+	td {width: 30%;}
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+<body>
+
+
+<pre>
+
+The Project Gutenberg EBook of Trial of Duncan Terig, alias Clerk, and
+Alexander Bane Macdonald, by Sir Walter Scott
+
+This eBook is for the use of anyone anywhere at no cost and with
+almost no restrictions whatsoever.  You may copy it, give it away or
+re-use it under the terms of the Project Gutenberg License included
+with this eBook or online at www.gutenberg.org
+
+
+Title: Trial of Duncan Terig, alias Clerk, and Alexander Bane Macdonald
+       for the Murder of Arthur Davis, Sergeant in General Guise's
+              Regiment of Foot
+
+Author: Sir Walter Scott
+
+Release Date: July 26, 2008 [EBook #26133]
+
+Language: English
+
+Character set encoding: ISO-8859-1
+
+*** START OF THIS PROJECT GUTENBERG EBOOK TRIAL OF DUNCAN TERIG ***
+
+
+
+
+Produced by The Online Distributed Proofreading Team at
+https://www.pgdp.net (This file was produced from images
+generously made available by The Internet Archive/Canadian
+Libraries)
+
+
+
+
+
+
+</pre>
+
+<h1>
+TRIAL
+</h1>
+<h4>
+OF
+</h4>
+<h2>
+DUNCAN TERIG
+<small>
+ALIAS
+</small>
+CLERK,
+</h2>
+<h2>
+AND ALEXANDER BANE MACDONALD,
+</h2>
+<h4>
+FOR
+</h4>
+<h3>
+THE MURDER
+</h3>
+<h4>
+OF
+</h4>
+<h2>
+ARTHUR DAVIS,
+</h2>
+<h3>
+SERGEANT IN GENERAL GUISE'S REGIMENT OF FOOT.
+</h3>
+<br>
+<h3>
+JUNE,
+<br>
+A.D. M.DCC.LIV.
+</h3>
+<hr class="tiny">
+<h4>
+EDINBURGH:
+<br>
+PRINTED BY BALLANTYNE AND COMPANY.
+<br>
+1831.
+</h4>
+<hr class="med">
+<p class="ctr">
+<small>
+TO
+</small>
+</p>
+<p class="ctr">
+THE MEMBERS
+</p>
+<p class="ctr">
+OF
+</p>
+<p class="ctr">
+<big>
+THE BANNATYNE CLUB,
+</big>
+</p>
+<p class="ctr">
+THIS COPY OF A TRIAL,
+</p>
+<p class="ctr">
+<small>
+INVOLVING A CURIOUS POINT OF EVIDENCE,
+</small>
+</p>
+<p class="ctr">
+<small>
+IS PRESENTED
+</small>
+</p>
+<p class="ctr">
+<small>
+BY
+</small>
+</p>
+<p class="ctr">
+<big>
+WALTER SCOTT.
+</big>
+</p>
+<p>
+<small>
+FEBRUARY, M.DCCC.XXXI.
+</small>
+</p>
+<hr class="med">
+<p class="ctr">
+<b>
+THE BANNATYNE CLUB.
+</b>
+</p>
+<p class="ctr">
+M.DCCC.XXXI.
+</p>
+<p class="gao">
+&nbsp;
+</p>
+<p class="ctr">
+SIR WALTER SCOTT, BAR<sup>T</sup>.
+</p>
+<p class="ctr">
+[PRESIDENT.]
+</p>
+<table summary="Names" width="80%" cellpadding="1">
+<tr>
+<td>
+THE EARL OF ABERDEEN, K.T.
+</td>
+</tr>
+<tr>
+<td>
+RIGHT HON. WILLIAM ADAM,
+<br>
+&nbsp;&nbsp;&nbsp;&nbsp;LORD CHIEF COMMISSIONER OF THE JURY COURT.
+</td>
+</tr>
+<tr>
+<td>
+JAMES BALLANTYNE, ESQ.
+</td>
+</tr>
+<tr>
+<td>
+SIR WILLIAM MACLEOD BANNATYNE.
+</td>
+<td class="right">
+5
+</td>
+</tr>
+<tr>
+<td>
+LORD BELHAVEN AND STENTON.
+</td>
+</tr>
+<tr>
+<td>
+GEORGE JOSEPH BELL, ESQ.
+</td>
+</tr>
+<tr>
+<td>
+ROBERT BELL, ESQ.
+</td>
+</tr>
+<tr>
+<td>
+WILLIAM BELL, ESQ.
+</td>
+</tr>
+<tr>
+<td>
+JOHN BORTHWICK, ESQ.
+</td>
+<td class="right">
+10
+</td>
+</tr>
+<tr>
+<td>
+WILLIAM BLAIR, ESQ.
+</td>
+</tr>
+<tr>
+<td>
+THE REV. PHILIP BLISS, D.C.L.
+</td>
+</tr>
+<tr>
+<td>
+GEORGE BRODIE, ESQ.
+</td>
+</tr>
+<tr>
+<td>
+CHARLES DASHWOOD BRUCE, ESQ.
+</td>
+</tr>
+<tr>
+<td>
+THE DUKE OF BUCCLEUCH AND QUEENSBERRY.
+</td>
+<td class="right">
+15
+</td>
+</tr>
+<tr>
+<td>
+JOHN CALEY, ESQ.
+</td>
+</tr>
+<tr>
+<td>
+JAMES CAMPBELL, ESQ.
+</td>
+</tr>
+<tr>
+<td>
+HON. JOHN CLERK, LORD ELDIN.
+</td>
+</tr>
+<tr>
+<td>
+WILLIAM CLERK, ESQ.
+</td>
+</tr>
+<tr>
+<td>
+HENRY COCKBURN, ESQ.
+</td>
+<td class="right">
+20
+</td>
+</tr>
+<tr>
+<td>
+DAVID CONSTABLE, ESQ.
+</td>
+</tr>
+<tr>
+<td>
+ANDREW COVENTRY, ESQ.
+</td>
+</tr>
+<tr>
+<td>
+JAMES T. GIBSON CRAIG, ESQ.
+</td>
+</tr>
+<tr>
+<td>
+WILLIAM GIBSON CRAIG, ESQ.
+</td>
+</tr>
+<tr>
+<td>
+HON. GEORGE CRANSTOUN, LORD COREHOUSE.
+</td>
+<td class="right">
+25
+</td>
+</tr>
+<tr>
+<td>
+THE EARL OF DALHOUSIE.
+</td>
+</tr>
+<tr>
+<td>
+JAMES DENNISTOUN, ESQ.
+</td>
+</tr>
+<tr>
+<td>
+ROBERT DUNDAS, ESQ.
+</td>
+</tr>
+<tr>
+<td>
+RIGHT HON. W. DUNDAS, LORD CLERK REGISTER.
+</td>
+</tr>
+<tr>
+<td>
+CHARLES FERGUSSON, ESQ.
+</td>
+<td class="right">
+30
+</td>
+</tr>
+<tr>
+<td>
+ROBERT FERGUSON, ESQ.
+</td>
+</tr>
+<tr>
+<td>
+LIEUT.-GENERAL SIR RONALD C. FERGUSON.
+</td>
+</tr>
+<tr>
+<td>
+THE COUNT DE FLAHAULT.
+</td>
+</tr>
+<tr>
+<td>
+HON. JOHN FULLERTON, LORD FULLERTON.
+</td>
+</tr>
+<tr>
+<td>
+LORD GLENORCHY.
+</td>
+<td class="right">
+35
+</td>
+</tr>
+<tr>
+<td>
+THE DUKE OF GORDON.
+</td>
+</tr>
+<tr>
+<td>
+WILLIAM GOTT, ESQ.
+</td>
+</tr>
+<tr>
+<td>
+SIR JAMES R. G. GRAHAM, BAR<sup>T</sup>.
+</td>
+</tr>
+<tr>
+<td>
+ROBERT GRAHAM, ESQ.
+</td>
+</tr>
+<tr>
+<td>
+LORD GRAY.
+</td>
+<td class="right">
+40
+</td>
+</tr>
+<tr>
+<td>
+RIGHT HON. THOMAS GRENVILLE.
+</td>
+</tr>
+<tr>
+<td>
+THE EARL OF HADDINGTON.
+</td>
+</tr>
+<tr>
+<td>
+THE DUKE OF HAMILTON AND BRANDON.
+</td>
+</tr>
+<tr>
+<td>
+E. W. A. DRUMMOND HAY, ESQ.
+</td>
+</tr>
+<tr>
+<td>
+JAMES M. HOG, ESQ.
+</td>
+<td class="right">
+45
+</td>
+</tr>
+<tr>
+<td>
+JOHN HOPE, ESQ.
+</td>
+</tr>
+<tr>
+<td>
+COSMO INNES, ESQ.
+</td>
+</tr>
+<tr>
+<td>
+DAVID IRVING, LL.D.
+</td>
+</tr>
+<tr>
+<td>
+JAMES IVORY, ESQ.
+</td>
+</tr>
+<tr>
+<td>
+THE REV. JOHN JAMIESON, D.D.
+</td>
+<td class="right">
+50
+</td>
+</tr>
+<tr>
+<td>
+ROBERT JAMESON, ESQ.
+</td>
+</tr>
+<tr>
+<td>
+SIR HENRY JARDINE.
+</td>
+</tr>
+<tr>
+<td>
+FRANCIS JEFFREY, ESQ. LORD ADVOCATE.
+</td>
+</tr>
+<tr>
+<td>
+JAMES KEAY, ESQ.
+</td>
+</tr>
+<tr>
+<td>
+THOMAS FRANCIS KENNEDY, ESQ.
+</td>
+<td class="right">
+55
+</td>
+</tr>
+<tr>
+<td>
+JOHN G. KINNEAR, ESQ. [TREASURER.]
+</td>
+</tr>
+<tr>
+<td>
+THE EARL OF KINNOULL.
+</td>
+</tr>
+<tr>
+<td>
+DAVID LAING, ESQ. [SECRETARY.]
+</td>
+</tr>
+<tr>
+<td>
+THE EARL OF LAUDERDALE, K.T.
+</td>
+</tr>
+<tr>
+<td>
+THE REV. JOHN LEE, D.D.
+</td>
+<td class="right">
+60
+</td>
+</tr>
+<tr>
+<td>
+THE MARQUIS OF LOTHIAN.
+</td>
+</tr>
+<tr>
+<td>
+HON. J. H. MACKENZIE, LORD MACKENZIE.
+</td>
+</tr>
+<tr>
+<td>
+JAMES MACKENZIE, ESQ.
+</td>
+</tr>
+<tr>
+<td>
+JAMES MAIDMENT, ESQ.
+</td>
+</tr>
+<tr>
+<td>
+THOMAS MAITLAND, ESQ.
+</td>
+<td class="right">
+65
+</td>
+</tr>
+<tr>
+<td>
+THE HON. WILLIAM MAULE.
+</td>
+</tr>
+<tr>
+<td>
+GILBERT LAING MEASON, ESQ.
+</td>
+</tr>
+<tr>
+<td>
+VISCOUNT MELVILLE, K.T.
+</td>
+</tr>
+<tr>
+<td>
+WILLIAM HENRY MILLER, ESQ.
+</td>
+</tr>
+<tr>
+<td>
+THE EARL OF MINTO.
+</td>
+<td class="right">
+70
+</td>
+</tr>
+<tr>
+<td>
+HON. SIR J. W. MONCREIFF, LORD MONCREIFF.
+</td>
+</tr>
+<tr>
+<td>
+JOHN ARCHIBALD MURRAY, ESQ.
+</td>
+</tr>
+<tr>
+<td>
+WILLIAM MURRAY, ESQ.
+</td>
+</tr>
+<tr>
+<td>
+JAMES NAIRNE, ESQ.
+</td>
+</tr>
+<tr>
+<td>
+MACVEY NAPIER, ESQ.
+</td>
+<td class="right">
+75
+</td>
+</tr>
+<tr>
+<td>
+FRANCIS PALGRAVE, ESQ.
+</td>
+</tr>
+<tr>
+<td>
+HENRY PETRIE, ESQ.
+</td>
+</tr>
+<tr>
+<td>
+ROBERT PITCAIRN, ESQ.
+</td>
+</tr>
+<tr>
+<td>
+ALEXANDER PRINGLE, ESQ.
+</td>
+</tr>
+<tr>
+<td>
+JOHN RICHARDSON, ESQ.
+</td>
+<td class="right">
+80
+</td>
+</tr>
+<tr>
+<td>
+THE EARL OF ROSSLYN.
+</td>
+</tr>
+<tr>
+<td>
+ANDREW RUTHERFURD, ESQ.
+</td>
+</tr>
+<tr>
+<td>
+THE EARL OF SELKIRK.
+</td>
+</tr>
+<tr>
+<td>
+RIGHT HON. SIR SAMUEL SHEPHERD.
+</td>
+</tr>
+<tr>
+<td>
+ANDREW SKENE, ESQ.
+</td>
+<td class="right">
+85
+</td>
+</tr>
+<tr>
+<td>
+JAMES SKENE, ESQ.
+</td>
+</tr>
+<tr>
+<td>
+GEORGE SMYTHE, ESQ.
+</td>
+</tr>
+<tr>
+<td>
+EARL SPENCER, K.G.
+</td>
+</tr>
+<tr>
+<td>
+JOHN SPOTTISWOODE, ESQ.
+</td>
+</tr>
+<tr>
+<td>
+THE MARQUIS OF STAFFORD, K.G.
+</td>
+<td class="right">
+90
+</td>
+</tr>
+<tr>
+<td>
+MAJOR-GENERAL STRATON.
+</td>
+</tr>
+<tr>
+<td>
+SIR JOHN ARCHIBALD STEWART, BAR<sup>T</sup>.
+</td>
+</tr>
+<tr>
+<td>
+THE HON. CHARLES FRANCIS STUART.
+</td>
+</tr>
+<tr>
+<td>
+ALEXANDER THOMSON, ESQ.
+</td>
+</tr>
+<tr>
+<td>
+THOMAS THOMSON, ESQ. [VICE-PRESIDENT.]
+</td>
+<td class="right">
+95
+</td>
+</tr>
+<tr>
+<td>
+W. C. TREVELYAN, ESQ.
+</td>
+</tr>
+<tr>
+<td>
+PATRICK FRASER TYTLER, ESQ.
+</td>
+</tr>
+<tr>
+<td>
+ADAM URQUHART, ESQ.
+</td>
+</tr>
+<tr>
+<td>
+RIGHT HON. SIR GEORGE WARRENDER BAR<sup>T</sup>.
+</td>
+</tr>
+<tr>
+<td>
+THE VENERABLE ARCHDEACON WRANGHAM.
+</td>
+<td class="right">
+100
+</td>
+</tr>
+</table>
+<hr class="med">
+<p class="ctr">
+TO THE
+</p>
+<p class="ctr">
+RIGHT HONOURABLE
+</p>
+<p class="ctr">
+SIR SAMUEL SHEPHERD,
+</p>
+<p class="ctr">
+THIS CURIOUS TRACT,
+</p>
+<p class="ctr">
+RESPECTING PERHAPS THE ONLY SUBJECT OF LEGAL ENQUIRY
+</p>
+<p class="ctr">
+WHICH HAS ESCAPED BEING INVESTIGATED BY HIS SKILL,
+</p>
+<p class="ctr">
+AND ILLUSTRATED BY HIS GENIUS,
+</p>
+<p class="ctr">
+IS RESPECTFULLY INSCRIBED,
+</p>
+<p class="ctr">
+BY HIS AFFECTIONATE FRIEND, AND MUCH
+</p>
+<p class="ctr">
+OBLIGED HUMBLE SERVANT,
+</p>
+<p class="ctr">
+<big>
+WALTER SCOTT.
+</big>
+</p>
+<p>
+<span class="sc">
+15th Feb.,
+</span>
+1831.
+</p>
+<hr class="med">
+<h3>
+INTRODUCTION.
+</h3>
+<br>
+<p>
+Although the giving information concerning the unfair manner in which they were
+dismissed from life, is popularly alleged to have been a frequent reason why departed
+spirits revisit the nether world, it is yet only in a play of the witty comedian, Foote, that
+the reader will find their appearance become the subject of formal and very ingenious
+pleadings. In his farce called the Orators, the celebrated Cocklane Ghost is indicted by
+the name of Fanny the Phantom, for that, contrary to the King's peace, it did annoy,
+assault, and terrify divers persons residing in Cocklane and elsewhere, in the county of
+Middlesex. The senior counsel objects to his client pleading to the indictment, unless she
+is tried by her equals in rank, and therefore he moves the indictment be quashed, unless a
+jury of ghosts be first had and obtained. To this it is replied, that although Fanny the
+Phantom had originally a right to a jury of ghosts, yet in taking upon her to knock, to
+flutter, and to scratch, she did, by condescending to operations proper to humanity, wave
+her privileges as a ghost, and must consent to be tried in the ordinary manner. It occurs to
+the Justice who tries the case, that there will be difficulty in impanelling a jury of ghosts,
+and he doubts how twelve spirits who have no body at all, can be said to take a corporal
+oath, as required by law, unless, indeed, as in the case of the Peerage, the prisoner may be
+tried upon her honour. At length the counsel for the prosecution furnishes the list of
+ghosts for the selection of the jury, being the most celebrated apparitions of modern
+times, namely, Sir George Villiers, the evil genius of Brutus, the Ghost of Banquo, and
+the phantom of Mrs Veal. The counsel for the prosecution objects to a woman, and the
+court dissolves, under the facetious order, that if the Phantom should plead pregnancy,
+Mrs Veal will be admitted upon the jury of matrons.
+</p>
+<p>
+This admirable foolery is carried by the English Aristophanes nearly as far as it will go;
+yet it is very contrary to the belief of those, who conceive that injured spirits are often the
+means of procuring redress for wrongs committed upon their mortal frames, to find how
+seldom in any country an allusion hath been made to such evidence in a court of justice,
+although, according to their belief, such instances must have frequently occurred. One or
+two cases of such apparition-evidence our researches have detected.
+</p>
+<p>
+It is a popular story, that an evidence for the Crown began to tell the substance of an
+alleged conversation with the ghost of a murdered man, in which he laid his death to the
+accused person at the bar. &#34;Stop,&#34; said the judge, with becoming gravity,
+&#34;this will not do; the evidence of the ghost is excellent, none can speak with a
+clearer cause of knowledge to any thing which befell him during life. But he must be
+sworn in usual form. Call the ghost in open court, and if he appears, the jury and I will
+give all weight to his evidence; but in case he does not come forward, he cannot be heard,
+as now proposed, through the medium of a third party.&#34; It will readily be conceived
+that the ghost failed to appear, and the accusation was dismissed.
+</p>
+<p>
+In the French
+<i>
+Causes C&#233;l&#232;bres et Interessantes</i>, is one entitled,
+<i>
+Le Spectre, ou l'Illusion R&#233;prouv&#233;</i>, reported by Guyot de Pittaval [vol.
+xii. edition La Haye, 1749], in which a countryman prosecutes a tradesman named
+Auguier for about twenty thousand francs, said to have been lent to the tradesman. It was
+pretended, that the loan was to account of the proceeds of a treasure which Mirabel, the
+peasant, had discovered by means of a ghost or spirit, and had transferred to the said
+Auguier, that he might convert it into cash for him. The case had some resemblance to
+that of Fanny the Phantom. The defendant urged the impossibility of the original
+discovery of the treasure by the spirit to the prosecutor; but the defence was repelled by
+the influence of the principal judge, and on a charge so ridiculous, Auguier narrowly
+escaped the torture. At length, though with hesitation, the prosecutor was nonsuited, upon
+the ground, that if his own story was true, the treasure, by the ancient laws of France,
+belonged to the Crown. So that the ghost-seer, though he had nearly occasioned the
+defendant to be put to the question, profited in the end nothing by his motion.
+</p>
+<p>
+This is something like a decision of the great Frederick of Prussia. One of his soldiers, a
+Catholic, pretended peculiar sanctity, and an especial devotion to a particular image of
+the Virgin Mary, which, richly decorated with ornaments by the zeal of her worshippers,
+was placed in a chapel in one of the churches of the city where her votary was quartered.
+The soldier acquired such familiarity with the object of his devotion, and was so much
+confided in by the priests, that he watched for and found an opportunity of possessing
+himself of a valuable diamond necklace belonging to the Madonna. Although the
+defendant was taken in the manner, he had the impudence, knowing the case was to be
+heard by the King, to say that the Madonna herself had voluntarily presented him with
+her necklace, observing that, as her good and faithful votary, he had better apply it to his
+necessities, than that it should remain useless in her custody.
+</p>
+<p>
+The King, happy of the opportunity of tormenting the priests, demanded of them, whether
+there was a possibility that the soldier's defence might be true. Their faith obliged them to
+grant that the story was possible, while they exhausted themselves on the improbabilities
+which attended it. &#34;Nevertheless,&#34; said the King, &#34;since it is possible, we
+must, in absence of proof, receive it as true, in the first instance. All I can do to check an
+imprudent generosity of the saints in future, is to publish an edict, or public order, that all
+soldiers in my service, who shall accept any gift from the Virgin, or any saint whatever,
+shall,
+<i>
+eo ipso</i>, incur the penalty of death.&#34;
+</p>
+<p>
+Amongst English trials, there is only mention of a ghost in a very incidental manner, in
+that of John Cole, fourth year of William and Mary, State Trials, vol. xii. The case is a
+species of supplement to that of the well-known trial of Henry Harrison, which precedes
+it in the same collection, of which the following is the summary.
+</p>
+<p>
+A respectable doctor of medicine, Clenche, had the misfortune to offend a haughty,
+violent, and imperious woman of indifferent character, named Vanwinckle, to whom he
+had lent money, and who he wished to repay it. A hackney-coach, with two men in it,
+took up the physician by night, as they pretended, to carry him to visit a patient. But on
+the road they strangled him with a handkerchief, having a coal, or some such hard
+substance, placed against their victim's windpipe, and escaped from the coach. One
+Henry Harrison, a man of loose life, connected with this Mrs Vanwinckle, the borrower
+of the money, was tried, convicted, and executed, on pretty clear evidence, yet he died
+denying the crime charged. The case being of a shocking nature, of course interested the
+feelings of the common people, and another person was accused as an accessory, the
+principal evidence against whom was founded on this story.
+</p>
+<p>
+A woman, called Millward, pretended that she had seen the ghost of her deceased
+husband, who told her that one John Cole had assisted him, the ghost, in the murder of Dr
+Clenche. Cole was brought to trial accordingly; but the charge was totally despised, both
+by judge and jury, and produced no effect whatever in obtaining conviction.
+</p>
+<p>
+Such being the general case with respect to apparitions, really alluded to or quoted in
+formal evidence in courts of justice, an evidence of that kind gravely given and received
+in the High Court of Justiciary in Scotland, has some title to be considered as a curiosity.
+</p>
+<p>
+The Editor's connexion with it is of an old standing, since, shortly after he was called to
+the bar in 1792, it was pointed out to him by Robert M'Intosh, Esq., one of the counsel in
+the case, then and long after remarkable for the interest which he took, and the
+management which he possessed, in the prolix and complicated affairs of the York
+Building Company.
+</p>
+<p>
+The cause of the trial, bloody and sad enough in its own nature, was one of the acts of
+violence which were the natural consequences of the Civil War in 1745.
+</p>
+<p>
+It was about three years after the battle of Culloden that this poor man, Sergeant Davis,
+was quartered, with a small military party, in an uncommonly wild part of the Highlands,
+near the country of the Farquharsons, as it is called, and adjacent to that which is now the
+property of the Earl of Fife. A more waste tract of mountain and bog, rocks and ravines,
+extending from Dubrach to Glenshee, without habitations of any kind until you reach
+Glenclunie, is scarce to be met with in Scotland. A more fit locality, therefore, for a deed
+of murder, could hardly be pointed out, nor one which could tend more to agitate
+superstitious feelings. The hill of Christie, on which the murder was actually committed,
+is a local name, which is probably known in the country, though the Editor has been
+unable to discover it more specially, but it certainly forms part of the ridge to which the
+general description applies. Davis was attached to the country where he had his
+residence, by the great plenty of sport which it afforded, and, when dispatched upon duty
+across these mountains, he usually went at some distance from his men, and followed his
+game without regarding the hints thrown out about danger from the country people. To
+this he was exposed, not only from his being intrusted with the odious office of depriving
+the people of their arms and national dress, but still more from his usually carrying about
+with him a stock of money and valuables, considerable for the time and period, and
+enough of itself to be a temptation to his murder.
+</p>
+<p>
+On the 28th day of September, the Sergeant set forth, along with a party, which was to
+communicate with a separate party of English soldiers at Glenshee; but when Davis's men
+came to the place of rendezvous, their commander was not with them, and the privates
+could only say that they had heard the report of his gun after he had parted from them on
+his solitary sport. In short, Sergeant Arthur Davis was seen no more in this life, and his
+remains were long sought for in vain. At length a native of the country, named
+M'Pherson, made it known to more than one person that the spirit of the unfortunate
+huntsman had appeared to him, and told him he had been murdered by two Highlanders,
+natives of the country, named Duncan Terig alias Clerk, and Alexander Bane Macdonald.
+Proofs accumulated, and a person was even found to bear witness, that lying in
+concealment upon the hill of Christie, the spot where poor Davis was killed, he and
+another man, now dead, saw the crime committed with their own eyes. A girl whom
+Clerk afterwards married, was, nearly at the same time, seen in possession of two
+valuable rings which the Sergeant used to have about his person. Lastly, the counsel and
+agent of the prisoners were convinced of their guilt. Yet, notwithstanding all these
+suspicious circumstances, the panels were ultimately acquitted by the jury.
+</p>
+<p>
+This was chiefly owing to the ridicule thrown upon the story by the incident of the ghost,
+which was enhanced seemingly, if not in reality, by the ghost-seer stating the spirit to
+have spoken as good Gaelic as he had ever heard in Lochaber.&#8212;&#34;Pretty
+well,&#34; answered Mr M'Intosh, &#34;for the ghost of an English sergeant!&#34;
+This was indeed no sound jest, for there was nothing more ridiculous, in a ghost speaking
+a language which he did not understand when in the body, than there was in his appearing
+at all. But still the counsel had a right to seize upon whatever could benefit his clients,
+and there is no doubt that this observation rendered the evidence of the spectre yet more
+ridiculous. In short, it is probable that the ghost of Sergeant Davis, had he actually been
+to devise how to prevent these two men from being executed for his own murder, could
+hardly have contrived a better mode than by the apparition in the manner which was
+sworn to.
+</p>
+<p>
+The most rational supposition seems to be, that the crime had come to M'Pherson, the
+ghost-seer's knowledge, by ordinary means, of which there is some evidence, but desiring
+to have a reason for communicating it, which could not be objected to by the people of
+the country, he had invented this machinery of the ghost, whose commands, according to
+Highland belief, were not to be disobeyed. If such were his motives, his legend, though it
+seemed to set his own tongue at liberty upon the subject, yet it impressed on his evidence
+the fate of Cassandra's prophecies, that, however true, it should not have the fortune to be
+believed.
+</p>
+<br>
+<p>
+<span class="sc">
+Abbotsford</span>, 18th March, 1830.
+</p>
+<hr class="long">
+<h2>
+TRIAL
+</h2>
+<h4>
+OF
+</h4>
+<h3>
+DUNCAN TERIG ALIAS CLERK, AND
+</h3>
+<h3>
+ALEXANDER BAIN MACDONALD,
+</h3>
+<h4>
+FOR THE MURDER OF
+</h4>
+<h3>
+ARTHUR DAVIES, SERJEANT
+</h3>
+<h4>
+IN
+</h4>
+<h3>
+GENERAL GUISE'S REGIMENT OF FOOT.
+</h3>
+<br>
+<h3>
+JUNE,
+</h3>
+<h3>
+A.D. MDCC.LIV.
+</h3>
+<hr class="long">
+<h2>
+TRIAL
+</h2>
+<h4>
+OF
+</h4>
+<h3>
+DUNCAN TERIG ALIAS CLERK,
+</h3>
+<h3>
+AND ALEXANDER BAIN MACDONALD.
+</h3>
+<div class="blockquote">
+<p>
+<i>
+CURIA JUSTICIARIA S. D. N. Regis tenta in Nova Sessionis Domo Burgi de
+Edinburgh, Decimo die Mensis Junij 1754, per honorabiles viros Carolum Areskine de
+Alva, Justiciarij Clericum, Magistros Alexandrum Fraser de Strichen, Patricium Grant de
+Elchies, et Hugonem Dalrymple de Drummore, et Dominum Jacobum Ferguson de
+Killkerran, Commissionarios Justiciarij dicti S. D. N. Regis.
+</i>
+</p>
+<p class="ctr">
+<i>
+Curia legittime affirmata</i>,
+</p>
+<p class="ctr">
+<span class="sc">
+Intran.
+</span>
+</p>
+<p>
+<span class="sc">
+Duncan Terig
+</span>
+<i>
+alias
+</i>
+<span class="sc">
+Clerk</span>, and
+<span class="sc">
+Alexander Bain Macdonald</span>, both now prisoners in the Tolbooth of Edinburgh,
+Pannels,
+</p>
+</div>
+<p>
+Indicted and accused at the instance of William Grant of Prestongrange, Esq., His
+Majesties Advocate, for His Majesties interest, for the crime of murder committed by
+them in manner at length mentioned in the indictment raised against them thereanent,
+which indictment maketh mention,
+<span class="sc">
+That whereas</span>, by the laws of God, and of this and all other well governed realms,
+Murder or Homicide is a most atrocious crime, and severely punishable, especially
+committed with an intent to rob the person murdered, and that by persons of bad fame
+and character, who are habite and repute thieves,
+<span class="sc">
+yet true it is</span>, and of verity, that they, and each of them, or one or other of them,
+are guilty, actors, or art and part, of the foresaid crime, aggravated as aforesaid, in so far
+as the deceast Arthur Davies, serjeant in the regiment of foot commanded by General
+Guise, being in the year one thousand seven hundred and forty-nine, quartered or lodged
+alongst with a party of men or soldiers belonging to the said regiment in Dubrach, or
+Glendee, in Braemar, in the parish of &#8212;&#8212; and sheriffdom of Aberdeen, he,
+the said Arthur Davies, did, upon the twenty-eighth day September, one thousand seven
+hundred and forty-nine, or upon one or other of the days of that month, or of the month of
+August immediately preceding, or October immediately following, go from thence to a
+hill in Braemar, commonly called Christie, at the head of Glenconie, in the parish of
+&#8212;&#8212; and sheriffdom aforesaid. As also that same day, both of them, the said
+Duncan Terig alias Clerk, and Alexander Bain Macdonald, went from the house of John
+Grant, in Altalaat, armed with guns and muskets, pretending when they went from thence
+that they were going to shoot or hunt deer upon the said hill, to which place both of them
+having accordingly gone, and there meeting with the said Arthur Davies, each, or one or
+other of them, did, on the said twenty-eighth of September, 1749, or upon one or other of
+the days of that month, or of the months aforesaid, cruelly and barbarously fire a loaded
+gun or guns at him, which were in their hands, whereby he was mortally wounded, and of
+which wounds he died on the said hill, immediately or soon thereafter, where his dead
+body remained concealed for sometime, and was afterwards found, together with a hat,
+having a silver button on it, with the letters A. R. D. marked on it.
+<span class="sc">
+Likeas</span>, soon after the said Arthur Davies was murdered, each of the said two
+panels, being persons of bad fame and character, and who were habite and repute thieves,
+were, by the general voice of the country, reputed to have perpetrated the said murder,
+and to have robbed and taken from him a silver watch, two gold rings and a purse of gold,
+which it was known or believed in the country he generally wore or carried about him,
+which said opinion or belief of the neighbourhood, that both of them had been guilty of
+the said murder and robbery, has been since that time rendered the more credible,
+particularly with respect to him, the said Duncan Clerk, in so far as, although he was not
+possesst of any visible funds or effects which could enable him to stock a farm before the
+period of the said murder, yet soon thereafter he took and obtained a lease from Lord
+Bracco, of a farm called the Craggan, for which he was bound to pay thirty pounds Scots
+of yearly rent; as also thereafter he obtained a lease of the farm of Gleney, from
+&#8212;&#8212; Farquharson of Inverey, for which at present he was bound to pay a
+yearly rent, or tack duty, of one hundred and five merks Scots, as appears from the
+judicial declaration of him, the said Duncan Clerk, to be hereafter more particularly taken
+notice of; and both of the said panels having been apprehended in the year one thousand
+seven hundred and fifty-three, for being guilty of the foresaid murder, and upon the
+twenty-third day of January last, one thousand seven hundred and fifty-four years,
+brought into the presence of the Right Honourable Alexander Fraser of Strichen and
+Hugh Dalrymple of Drummore, two of the Lords Commissioners of Justiciary each of
+them gave different and contradictory accounts of themselves, in so far as the said
+Duncan Clerk did then acknowledge, in presence of the said Judges, that he was on the
+hill of Gleneye, alongst with the said Alexander Bain Macdonald, both armed as above
+set forth, on the day the said Arthur Davies was amissing; that the said Alexander
+Macdonald fired a shot at some deer, but that about ten o'clock the said Duncan Clerk
+parted with him on the hill, and came back to his father's house, to which likewise the
+said Alexander Macdonald came the same evening, where he lodged or stayed all night;
+as also a paper containing a list of debts, beginning with the words, &#34;I, Duncan
+Clerk, in Gleneye, was put in Perth Jail,&#34; and ending, &#34;Angus Macdonald, 12
+sh.,&#34; now marked on the back with the name and sirname of the said Lord
+Drummore, being exhibited to him the said Duncan Clerk, he acknowledged the same to
+be his handwriting, and that it contains a list of debts due to him when he was
+imprisoned, as is at more length to be seen in his said confession or declaration, signed by
+him and the said Lord Drummore.
+<span class="sc">
+Likeas
+</span>
+he the said Alexander Bain Macdonald did, upon the twenty-third day of January last, one
+thousand seven hundred and fifty-four years, in presence of the said Judges, acknowledge
+and declare, that one year, while he was Lord Bracco's forrester, he went with the said
+Duncan Clerk to the Hill of Gleneye, to search for deer, where he fired at them, but that
+about nine or ten o'clock in the forenoon, Duncan Clerk went home to his father's house,
+and thereafter the said Alexander Macdonald returned to his own house in Allanquoich,
+where he staid all that night, not seeing the said Duncan Clerk more that day, as is at
+more length to be seen in his said confession or declaration, signed by the said Lord
+Drummore, he having declared he could not write; both which confessions or
+declarations, with the list of debts above specified, said to be due to him, the said Duncan
+Clerk, as also, the hat mentioned to be found in summer one thousand seven hundred and
+fifty in the hill of Gleneye, are all now lodged in the hands of the Clerk to the Court of
+Justiciary, before which they are to be tried, that they may see the same:
+<span class="sc">
+At least
+</span>
+time and place aforesaid, the said Arthur Davies was murdered or bereaved of his life,
+and they, and each of them, or one or other of them, are guilty, actor or art and part of the
+said murder, aggravated as above set furth; all which, or part thereof, being found proven
+by the verdict of an Assize, before the Lords Justice General, Justice Clerk, and
+Commissioners of Justiciary, he, the said Duncan Terig alias Clerk, and Alexander Bain
+Macdonald, ought to be punished with the pains of law, to the terror of others to commit
+the like in time coming.
+</p>
+<table summary="Signature" width="50%" cellpadding="2">
+<tr>
+<td>
+(Signed)
+</td>
+<td>
+<span class="sc">
+Alex. Home, A.D.</span>
+</td>
+</tr>
+</table>
+<br>
+<br>
+<table summary="Pursuers andProcurators" width="80%" cellpadding="1">
+<tr>
+<td class="center">
+<span class="sc">
+Pursuers.</span>
+</td>
+<td class="center">
+<span class="sc">
+Procurators
+</span>
+in defence.
+</td>
+</tr>
+<tr>
+<td>
+<span class="sc">
+William Grant</span>, of Prestongrange, Esq.,
+</td>
+<td>
+Mr
+<span class="sc">
+Alexander Lockhart</span>,
+</td>
+</tr>
+<tr>
+<td>
+&nbsp;&nbsp;&nbsp;&nbsp;His Majesties Advocate.
+</td>
+<td>
+Mr
+<span class="sc">
+Robert M'Intosh</span>,
+</td>
+</tr>
+<tr>
+<td>
+Mr
+<span class="sc">
+Patrick Haldane</span>, and
+</td>
+<td>
+&nbsp;&nbsp;&nbsp;&nbsp;Advocates.
+</td>
+</tr>
+<tr>
+<td>
+Mr
+<span class="sc">
+Alexander Home</span>,
+</td>
+</tr>
+<tr>
+<td>
+&nbsp;&nbsp;&nbsp;&nbsp;both His Majesties Solicitors.
+</td>
+</tr>
+<tr>
+<td>
+Mr
+<span class="sc">
+Robert Dundas</span>, Advocate.
+</td>
+</tr>
+</table>
+<br>
+<p>
+The Libel being openly read in Court, and the panels interrogate thereupon, they both
+denied the same, and referred their defences to their Lawiers.
+</p>
+<p>
+<span class="sc">
+Lockhart</span>, &#38;c., for the panel, denying the libel, or any guilt or accession of
+the panels to the murder charged, pled that the panels were persons of good fame and
+reputation, and that as no cause of malice in them against Serjeant Davies was alleged, so
+the circumstances founded on in the indictment, though they were true, were not in any
+sort sufficient to infer a proof of the panels' guilt. And further, the panels would be able
+to prove a true and warrantable cause for going to the hill libelled on in arms, and that
+they went openly and avowedly; and that in the circumstances they were in, it was
+impossible they could have any wicked design against, or expect to have an opportunity
+of executing such a design against Serjeant Davies: That they were not so much as
+suspected of murdering him at the time of his being amissing, or for several months
+thereafter, when many different accounts were given, and suspicions raised and
+entertained concerning that matter.
+<span class="sc">
+They
+</span>
+also objected and alleged for the panels, that as murder was the only crime charged
+against them in this indictment, no vague or general allegation of robbery, or other crime
+or accusation against their characters, could be allowed to go to the knowledge of an
+assize, though they were noways apprehensive of the consequences of it, other than from
+the false and malicious reports, raised and propagated against them, since their
+commitment for the foresaid crime; and the panels had great reason to complain of the
+undue delays in bringing them to trial for this offence: In so far as, after they were
+committed for the same in September last, and had taken out letters of intimation, and
+upon expiry of the days, had also obtained letters of liberation, they were again
+committed upon a new warrant for alleged theft, upon which new commitment they
+raised new letters of intimation, and when the sixty days were just expiring, they were
+served with an indictment for the theft, which was fixed to within a few days of the
+expiry of the forty days allowed by law, and then allowed to drop; and after all, there was
+again a new warrant of commitment obtained against them for wearing the Highland
+dress; and last of all they were served with this indictment; all which steps plainly show
+the oppression they have met with, which the panels do by no means lay to the charge of
+the prosecutor, but are willing to allow the same to be owing to the malicious information
+of some private informer, which they hope to be able to make appear if they were
+allowed an exculpatory proof, and that very undue means had been used both before and
+since the citation of the witnesses to influence them to give evidence against the panels in
+this matter; and the panels, amongst many other things for their exculpation, would be
+able to prove, that after they returned from the hill upon the day upon which the Serjeant
+is said to have been murdered, he, the Serjeant, was seen with his party in that hill. So
+that it is impossible the panels could be the perpetrators of the murder.
+</p>
+<p>
+<span class="sc">
+Lord Advocate</span>, &#38;c., answered, that as the defence resolved altogether into a
+denial of the libel, it was sufficient for him to say, that according to the information he
+had received, such facts and circumstances would come out upon proof as would be
+sufficient to convince the Jury of the panels' guilt: That it was not meant that the
+circumstances libelled were sufficient without others to connect with them, the only
+intention of libelling upon these circumstances being to show the panels what written
+evidence was to be adduced against them: That he does not oppose the panels being
+allowed a proof of every fact and circumstance that may tend to their exculpation: That as
+to the delay complained of, the prosecutor can for himself say, that it is owing to no
+intention of his to oppress the panels; he had early information of the murder charged
+upon, and was very willing and desirous it might come to light. The panels were at last
+accused and committed for it, by the general voice of the country; and though at first the
+proof against them did not appear so pregnant, yet it was hoped, and was the general
+expectation of all in that part, that the murder would be brought to light. This was the
+reason of continuing the panels in confinement. And now that the prosecutor was ready to
+go on to trial, he hoped their Lordships would find the indictment relevant, and remit the
+panels to the knowledge of an assize, allowing them at the same time a proof of every
+circumstance that may appear necessary for their exculpation.
+</p>
+<p>
+<span class="sc">
+The Lords
+</span>
+Justice Clerk and Commissioners of Justiciary, having considered the indictment pursued
+at the instance of William Grant of Prestongrange, Esq., His Majesties Advocate for his
+Majesties interest, against Duncan Terig
+<i>
+alias
+</i>
+Clerk, and Alexander Bain Macdonald, both now prisoners in the Tolbooth of Edinburgh,
+panels, with the foresaid debate thereupon: They find the said indictment relevant to infer
+the pains of law; but allow the panels to prove all facts and circumstances that may tend
+to elide the indictment, or exculpate them, or either of them, from the guilt of the crime
+therein libelled: And remit the panels, with the indictment as found relevant, to the
+knowledge of an assize.
+</p>
+<table summary="Signature" width="50%" cellpadding="2">
+<tr>
+<td>
+(Signed)
+</td>
+<td>
+<span class="sc">
+Ch. Areskine</span>, I.P.D.
+</td>
+</tr>
+</table>
+<br>
+<br>
+<p>
+The Lords continue the diet at the instance of his Majesties Advocate, against the said
+two panels, till to-morrow at seven o'clock in the morning, and witnesses and assizers
+then to attend, each under the pain of law, and the panels to be carried back to prison.
+</p>
+<div class="blockquote">
+<p>
+<i>
+CURIA JUSTICIARIA S. D. N. Regis tenta in Nova Sessionis Domo Burgi de Edinburgh
+undecimo die mensis Junij 1754, per honorabiles viros Carolum Areskine de Alva,
+Justiciarium Clericum, Dominum Gilbertum Elliot de Minto, Magistros Alexandrum
+Fraser de Strichen, Patricium Grant de Elchies, et Hugonem Dalrymple de Drummore, et
+Dominum Jacobum Ferguson de Killkerran, Commissionarios Justiciarios dict. S. D. N.
+Regis.
+</i>
+</p>
+<p class="ctr">
+<i>
+Curia legittime affirmata</i>,
+</p>
+<p class="ctr">
+<span class="sc">
+Intran.
+</span>
+</p>
+<p>
+<span class="sc">
+Duncan Terig
+</span>
+<i>
+alias
+</i>
+<span class="sc">
+Clerk</span>, and
+<span class="sc">
+Alexander Bain Macdonald</span>, both prisoners in the Tolbooth of Edinburgh, panels
+indicted and accused as in the former Sederunt.
+</p>
+</div>
+<p>
+The Lords proceeded to make choice of the following persons to pass upon the assize of
+the said Duncan Terig alias Clerk, and Alexander Bain Macdonald; to wit,&#8212;
+</p>
+<ul>
+<li>
+Archibald Wallace, merchant in Edinburgh.
+</li>
+<li>
+William Tod, senior, merchant there.
+</li>
+<li>
+Andrew Bonnar, merchant there.
+</li>
+<li>
+Robert Forrester, merchant there.
+</li>
+<li>
+Walter Hogg, merchant there.
+</li>
+<li>
+Alexander Crawford, baker in Edinburgh.
+</li>
+<li>
+John Heriot, candlemaker there.
+</li>
+<li>
+John Sword, merchant there.
+</li>
+<li>
+William Ormiston, bookbinder there.
+</li>
+<li>
+William Braidwood, candlemaker.
+</li>
+<li>
+William Sands, bookseller in Edinburgh.
+</li>
+<li>
+John Dalgleish, watchmaker there.
+</li>
+<li>
+George Gray, merchant there.
+</li>
+<li>
+John Welsh, goldsmith there.
+</li>
+<li>
+James Gilliland, goldsmith there.
+</li>
+</ul>
+<p>
+The above assize all lawfully sworn, and no objection to the contrary&#8212;
+</p>
+<p>
+The panels and their procurators admitted the two judicial declarations libelled on, were
+emitted by them, before the two Judges therein named; and the said panels both now
+judicially adhere to the same, with this variation for Alexander Bain Macdonald, that it
+was a mistake in his said declaration, where it is said, that he went home to the house in
+Allanquoich, where he staid that night, and did not see Duncan Clerk any more that day
+after they parted on the hill, the true fact being, that he did not go home to the house in
+Allanquoich where he resided, till the night thereafter, and in the evening of that night
+went to the house of Duncan Clerk's father, where he found Duncan Clerk, and staid all
+night, and that the reason of his former mistake was, that he by himself went again to the
+hills upon the twenty-ninth in quest of the deer which he had wounded the preceding day,
+and returned to his own house the evening of the said twenty-ninth; and this admission is
+signed by the said Duncan Clerk, and by Mr Alexander Lockhart, procurator for the other
+panel, who declares he cannot write.
+</p>
+<table summary="Signature" width="50%" cellpadding="1">
+<tr>
+<td>
+(Signed)
+</td>
+<td>
+<span class="sc">
+Duncan Clerk.</span>
+</td>
+</tr>
+<tr>
+<td>
+&nbsp;
+</td>
+<td>
+<span class="sc">
+Alex. Lockhart.</span>
+</td>
+</tr>
+</table>
+<br>
+<br>
+<p>
+Thereafter, His Majesty's Advocate for proof adduced the following witnesses;
+viz.&#8212;
+</p>
+<br>
+<p>
+<span class="sc">
+Jean Ghent</span>, relict of Arthur Davies, serjeant in the regiment commanded by
+Lieutenant-General Guise, aged about thirty-three years, who being solemnly sworn,
+purged of malice and partial council, and interrogate: Depones, That she was married for
+the space of ten months to Serjeant Davies the day he was missing, and that in summer
+seventeen hundred and forty-nine, her husband, with eight private men under his
+command, marched from Aberdeen to Dubrach in Braemar, in the shire of Aberdeen,
+which was assigned to him as his station; and that there was another party of the same
+regiment whose head-quarters was at Aberdeen, stationed at the Spittle of Glenlee, within
+eight miles of Dubrach, under the command of a corporal: That the two parties did meet
+twice a-week in patrol, about half way between the foresaid two places: That her husband
+was a keen sportsman, and used to go out a-shooting or fishing generally every day; and
+when he went along with the party on patrol, sent the men home and followed his sport;
+and on other occasions went out a-shooting by himself alone: That her husband was a
+sober man, a good manager, and had saved money to the value of about fifteen guineas
+and a half, which he had in gold, and kept in a green silk purse, which he inclosed within
+a leather purse along with any silver he had: That besides this gold, he generally wore a
+silver watch in his pocket, and two gold rings upon one of his fingers, one of which was
+of pale yellow gold, and had a little lump of gold raised upon it in the form of a seal, with
+a gold stamp on the inside of the ring, and a weaved line like a worm round the upper
+side of the plate: That the other was a plain gold ring, which the deponent had got from
+David Holland, her first husband, with the letters D. H. on the inside, and had this posie
+on it, &#34;When this you see remember me:&#34; That the said David Holland was
+paymaster-serjeant in General Guise's regiment: And further depones, That the said
+Serjeant Davies commonly wore a pair of large silver buckles in his shoes, marked also
+with the same letters D. H. in the inside, which likewise had belonged to her said former
+husband, as also wore silver knee-buckles, and had two dozen silver buttons upon a
+double-breasted vest, made of stript lutstring: That he frequently had about him a folding
+penknife, that had a brown tortoise-shell handle, and a plate upon the end of it, on which
+was cut a naked boy, or some such device, with which he often sealed his letters: That
+one day when he was dressing some hooks while the deponent was by, she observed that
+he was cutting his hat with his penknife, and she went towards him, and asked him what
+he meant by cutting his hat? To which he answered, that he was cutting his name upon it:
+To which the deponent replied, she could not see what he could mean by putting his
+name upon a thing of no value, and pulled it out of his hand in a jocular way, but he
+followed her, and took the hat from her, and she observed that the A. was then cut out in
+the hat; and after he got it, she saw him cut out the letter D., which he did in a hurry, and
+which the deponent believed was occasioned by the toying that was between them
+concerning this matter, for when she observed it, she said to him you have made a pretty
+sort of work of it, by having misplaced the letters: To which he answered, that it was her
+fault, having caused him do it in a hurry. And the hat now upon the table, and which is
+lying in the clerk's hands, and referred to in the indictment, being shown to her, Depones,
+That to the best of her judgment and belief, that is the hat above mentioned: Depones,
+That she never has seen neither the said Serjeant, the gold purse, or silver purse, above
+mentioned, nor the buckles for his shoes and knees, watch, or penknife, since he marched
+from his quarters with the party at the time at which he is supposed to have been
+murdered: Depones, That on Thursday, being the day immediately preceding
+Michaelmas, being the twenty-eighth of September, one thousand seven hundred and
+forty-nine, her husband went out very early in the morning from Dubrach, and that four
+men of the party under his command soon after followed him, in order to meet the patrol
+from Glenshye, and in the afternoon before four o'clock, the four men returned to
+Dubrach, and acquainted the deponent that they had seen and heard him fire a shot, as
+they believed, at Tarmatans, but that he did not join company with them: That at the place
+appointed they met with a corporal and a party from Glenshee, and then retired home:
+Depones, That her husband never returned; that she has never met with any body that saw
+him after the party returned from the foresaid place, excepting the corporal that that day
+commanded the party from Glenshee, who told her that, after the forementioned party
+from Dubrach had gone away from the foresaid appointed place, Serjeant Davies came up
+to him all alone, upon which the corporal told him, he thought it was very unreasonable
+in him to venture upon the hill by himself, as for his part he was not without fear even
+when he had his party of four men along with him; to which Serjeant Davies answered,
+that when he had his arms and ammunition about him, he did not fear any body he could
+meet: Depones, That her husband, Serjeant Davies, made no secret of his having the gold
+above mentioned, but upon the many different occasions he had to pay and receive
+money, he used to take out his purse and show the gold; and that even when he was
+playing with children, he would frequently take out his purse and rattle it for their
+diversion, from which it was generally known by all the neighbourhood that the serjeant
+was worth money, and carried it about him: Depones, That from the second day after the
+serjeant and party went from Dubrach as aforesaid, when the deponent found he did not
+return, she did believe, and does believe at this day, that he was murdered; for that he and
+she lived together in as great amity and love as any couple could do that ever were
+married, and that he never was in use to stay away a night from her, and that it was not
+possible he could be under any temptation to desert, as he was much esteemed and
+beloved by all his officers, and had good reason to believe he would have been promoted
+to the rank of serjeant-major upon the first vacancy: Depones, That when her husband
+went away from Dubrach on the morning of the twenty-eighth of September aforesaid, he
+was dressed in a blue surtout coat, with a stripped silk vest, and teiken breeches and
+brown stockings: That he had in his purse fifteen guineas and a half in gold, a crown
+piece and three shillings in silver, his silver watch in his pocket, with a silver seal at it,
+his silver buckles in his shoes, and his silver buttons on his waistcoat, and the above
+mentioned rings on his fingers; and being asked how she came to know all these things
+were on him or about him when he went away as aforesaid? Depones, That she was privy
+and knew every thing that related to his money; and the night before the said twenty-
+eighth of September, the serjeant from Braemar had come to Dubrach, and in the
+deponent's presence had given some money which was gold to Serjeant Davies, who gave
+him silver that he had by him for it, to pay the party; and upon occasion of this, she saw
+the quantity of gold above mentioned, which was in her husband's possession, and that
+she saw the vest with the buttons and rings on his fingers, and also the watch, before he
+went away, he having in her presence put on the teiken drawers above mentioned, desired
+from her somewhat to keep the watch dry, upon which she gave him a piece of cloth, the
+said drawers being a little damp, in which he wrapt it, and put it into his pocket: Depones,
+That he had dark mouse-coloured hair, tied up with a black silk ribband behind, and wore
+a hat with a silver lace and silver button, marked with the letters D. A. on the outside of
+the crown of the hat: And the deponent verily believes, that the hat now shown to her,
+and above referred to, is the hat he took out with him: Depones, That he wore that day a
+pair of brogues which he had bespoke to be made so as they could fit buckles, and not to
+be tied with latches, conform to the common use of that country: That these brogues the
+deponent saw when they were first brought home from Glenshee: Depones, That a gun
+now exhibited and shown to the deponent, is the gun which her husband, Serjeant Davies,
+received in a present from Lieutenant Brydon, of the same regiment with him, and the
+gun which he always used when he went a-shooting, and which he carried out with him
+in the morning of the twenty-eighth of September, one thousand seven hundred and forty-
+nine aforesaid: That the stock of the gun is altered about the butt, and a plate that was on
+the butt-end is taken away, and the wood pared, but that she knows the barrel by a cross
+rent that is in it a little above the middle, and which her husband told her had been
+occasioned by his firing a shot when the gun was overloaded and the ball had stuck at
+that part of the barrel when he was loading her: Depones, That from the time her husband
+was quartered at Dubrach in the month of June to the foresaid twenty-eighth of
+September one thousand seven hundred and forty-nine, he was never absent a night from
+his command at Dubrach except one, that he went to the doctor of the regiment to take his
+advice about a strain, and he returned next morning: Depones, That upon the Monday
+after the Serjeant was believed to be murdered, the country was raised to make search for
+the body, but it was not found; and that she spoke to one of the prisoners, Clerk, whom
+she took to be a particular friend, to try if he could find the body, but it was not found:
+That afterwards the deponent went to the garrison in Braemar, and from that to the
+regiment: And being interrogate for the panels, whether her husband had received any
+information before the party marched out upon the day above mentioned that there were
+people in arms in that country where he was stationed? Depones, That her husband was
+stationed there, as she believes, because it was said that severals of the Highlanders had
+not delivered up their arms since the Rebellion, and wore the highland garb; but that she
+knows nothing of any particular information he had about that time, except that about the
+beginning of harvest, on a Sunday afternoon, a woman, who said she had been in the hill,
+came in where the Serjeant and the deponent were sitting at dinner, and said, that she had
+seen two men in highland clothes, and armed, lying at the mouth of a cave, who seemed
+to be herding two cows which she saw, and upon her coming near them, consulted among
+themselves whether they should not bind her lest she should return and advertise Serjeant
+Davies and his party; but however, she had got away, and had come immediately to give
+notice to the Serjeant and his party, whereupon he and a party of six men went up in
+quest of them, but found nobody, neither did the deponent hear any more of that matter
+afterwards,
+<i>
+Causa scienti&#230; patet</i>: And this is truth, as she shall answer to God; and declares
+she cannot write.
+</p>
+<table summary="Signature" width="50%" cellpadding="1">
+<tr>
+<td>
+(Signed)
+</td>
+<td>
+<span class="sc">
+Ch. Areskine.</span>
+</td>
+</tr>
+</table>
+<br>
+<br>
+<p>
+<span class="sc">
+Donald Farquharson</span>, in Glendee, married man, who being solemnly sworn,
+purged of malice and partial council, and interrogate, depones, That in summer one
+thousand seven hundred and forty-nine, Arthur Davies, late serjeant in General Guise's
+regiment, was with a serjeant's command of soldiers stationed in Dubrach, in Glendee, in
+Braemar, in Aberdeenshire; and the Serjeant, with his wife, the preceding witness, stayed
+in the house of Michael Farquharson, the deponent's father, where the deponent also
+stayed: Depones, That the Serjeant was a sober well behaving man, very civil to the
+country, and, so far as the deponent knew, had the good-will of the country: That he was
+a good manager of his money; and the deponent has seen with him a good deal of gold,
+which he commonly kept in a long purse, either blue or green, the deponent does not
+remember which, and he had also another purse, in which he kept his silver: That he had
+a silver watch, with a seal hanging at it, and silver buckles in his shoes, and knees of his
+breeches: That the deponent has seen two vests with him, one with a white stripe, and the
+other of a roe's skin; and that he had a set of silver buttons for a vest, which he used with
+the one or other as he had occasion: That he had also two rings, which he told the
+deponent were gold, the one of them a large coarse ring, with a knob on the one side of it,
+either of the shape of a seal or a heart, the deponent does not remember which: Depones,
+That when Serjeant Davies went a-shooting or fishing, he was commonly dressed in one
+of the above vests, and a blue meet upper coat, or surtout, with highland brogues, which
+he had purchased for the purpose, and had caused to be made so as to be tied with silver
+buckles: Depones, That on the above gold ring with the knob, there was upon the upper
+side of the knob some scores that the deponent did not understand the meaning of:
+Depones, That the Serjeant was wont frequently to take out his purse, either in paying or
+receiving money, or some time even in playing with children; and that when he went a-
+hunting or shooting, he always wore a laced hat, with a silver button: Depones, That the
+last time the deponent saw him was on Wednesday the twenty-seventh day of September,
+one thousand seven hundred and forty-nine, the deponent having gone that day to the fair
+at Kirkmichael, eighteen miles from his father's house, and did not return till Saturday
+thereafter: Depones, That at his return, passing by the house where the soldiers were
+quartered, one of them named Patrick Ogilvie, asked the deponent whether he had seen
+Serjeant Davies at the fair? and the deponent having answerd that he did not see him, and
+that certainly he had not been there, or he would have seen him, Ogilvie then said he was
+afraid of him, for that he had gone away upon the Thursday to meet a patrol from
+Glenshee, and had not yet returned; that they supposed he had gone with that patrol to the
+fair, but that since he was not there, he suspected he had been murdered; and the
+deponent never saw him alive since that time: Depones, That the captain of that
+command to whom the Serjeant belonged, hearing that he was amissing, sent a party of
+men on the Sunday to Dubrach to search for his body, and went with them for three or
+four following days, but without any success: Depones, That in the month of June
+seventeen hundred and fifty, the deponent was told by the people in his father's house,
+that Alexander Macpherson, alias M'Gillas, had been there inquiring for him, and wanted
+much to see him, and desired the deponent would go to his master's sheilling in
+Glenconie, about two miles' distance from Dubrach, and that he wanted much to speak to
+him: That after some days the deponent went to him, when Macpherson told him that he
+was greatly troubled with an apparition, the ghost of the deceased Serjeant Davies, who
+insisted that he should bury his bones; and that he having declined to bury them, the
+ghost insisted that he should apply to the deponent, saying that he was sure Donald
+Farquharson would help to bury his bones: That the deponent could not believe that he
+had seen such an apparition, upon which Macpherson desired him to go along with him,
+and he would show him the bones, and the place where he had found them: That the
+deponent went along with him, which he did the rather that he thought it might possibly
+be true, and if it was, he did not know but the apparition might trouble himself: Depones,
+That they accordingly found the bones in a peat-moss, where peats had been casten above
+ground, and near to the top of a hill: That the place was distant from Dubrach between
+two and three miles, between Glenchristie and Glenconie, and about half a mile from the
+road the patroling parties commonly take from Dubrach to Glenshee: That the spot where
+the body was lying had the surface of the ground entire, and no peats had been casten
+there: That the flesh had been mostly consumed from the bones, and the head separated
+from the body, and the hair lying by itself, separated from the head; and depones, that the
+hair was of the same colour with the Serjeant's hair, a mouse colour: That they also found
+some blue cloth, all torn in rags, some of it under the body, and some of it lying by the
+body; and it appeared to the deponent to be of the same kind of cloth with that of the blue
+coat that the Serjeant commonly wore when he went a-shooting: Depones, That the bones
+were not all lying together, but were scattered asunder, particularly some of the joints of
+his arms, and one of his legs; and that some of them were scattered at the distance of
+several yards: Depones, That Macpherson told him that when he first found the bones,
+which was about eight days before, that they were lying farther off, under a bank, and he
+drew them out with his staff: Depones, That they also found a pair of brogues, which
+appeared to the deponent to be of the same kind with what the Serjeant wore, only with
+this difference, that the taggs for the buckles were cut away, which seemed to have been
+done with a knife: Depones, That he asked Macpherson whether the apparition had told
+him by whom he had been murdered: That Macpherson said he had asked the question,
+and the apparition answered, that if he had not asked him, he would have power to have
+told him: That the deponent also asked him if the apparition had given him any orders
+about carrying his bones to a churchyard: Depones, That Macpherson said he had given
+no answer, and thereupon they agreed to bury him in that place; and accordingly they dug
+a hole in the moss, with the shaft of a shovel that Macpherson had, and buried the bones
+there, and laid a part of the blue cloth under the bones, and a part of it above it, and
+covered all with some turfs that they had tore up from the moss; and being showed a
+fusee, depones, that one day the Serjeant and the deponent went out a-deer-hunting, and
+the Serjeant, in loading his gun, which was either a French or a Spanish piece, happened
+to put in a ball that was too large for the bore, so that he could not, with the ram-rod,
+drive it down to the powder: That the deponent advised him to go to his father's sheilling
+to get a stronger ram-rod; but the Serjeant, being impatient to go about his diversion,
+fired the fusee, and cracked the barrel about the middle; and having examined the fusee
+now produced, observed that the barrel is cracked about the same place, and, so far as
+appears to him, may be the same barrel: Depones, That there appears to be some
+alterations made upon the stock since the Serjeant had it: That the but was thicker than it
+is now, and clad with iron at the end; and there was also another ring for the keeping of
+the ram-rod, other than that now shown him: Depones, That the gun was shown to the
+deponent on Wednesday last by James Growar, son to Donald Growar in Glendee, who
+told him that he found it in the hill in sight of Glenconie: Depones, That after Serjeant
+Davies was killed or amissing as aforesaid, he saw yellow rings on Elizabeth Downie's
+fingers, spouse to the prisoner, Duncan Terig alias Clerk, one of which had a knob upon
+it, as Serjeant Davies's ring also had, but does not remember the shape of either of these
+knobs: Depones, That he asked her whether it was gold, and she said it was: Depones,
+That he saw this ring upon Elizabeth Downie's finger before she was married to the
+prisoner; but it was then reported in the country that he was in suit of her for marriage,
+and has at several times, before and since Serjeant Davies was amissing, seen other
+yellow rings upon her fingers, but never saw the ring with the knob upon her finger till
+after the Serjeant was amissing, nor never saw it on her finger after she was married; and
+being asked whether it did not strike him, when he saw the ring with the knob on it upon
+Elizabeth Downie's hand, that it was Serjeant Davies's ring, Depones, that it did not; and
+further depones, that he has known Elizabeth Downie change her rings every other year:
+Depones, That after she was married, the deponent asked her if she had a gold ring, and
+she answered she never had one but one which was her mother's, which made the
+deponent suppose that the said ring with the knob had been her mother's; and depones,
+that the panel, her husband, was in prison when he asked her this question: Depones, That
+at first there was a report in the country that Serjeant Davies had deserted, then it was
+supposed that he had been killed by the thieves, but last of all, the report was, that he had
+been killed by the prisoners, and that has continued to be the report of the country for
+these three years: And being asked what he took to be the grounds of that report,
+Depones, that he took it to be, that Macdonald, as Lord Bracco's forrester, had a warrant
+for carrying guns for killing of deer, and he carried Clerk alongst with him, and none
+other of the country had any warrant to carry arms; but he heard that some of the people
+in the country suspected that the ring with the knob that he had seen on Elizabeth
+Downie's finger was Serjeant Davies's ring; and being interrogate as to the character of
+the two panels, depones, that he has heard Clerk habite and repute a sheep-stealer, but
+that he never heard any thing of Macdonald, but that he once broke the chest of one
+Corbie, and took some money out of it: Depones, That he never heard Clerk get the
+character of a good deer-stalker, though he could shoot wild fowl: Depones, That
+Alexander Macpherson, before mentioned, once served the deponent's father, and is
+accounted an honest lad; but on the panel's interrogatory, Depones, that he has been
+charged with telling of stories, and that all is not to be believed that he says; though that
+is the general character, the deponent knows no reason for it: Depones, That Duncan
+Clerk once pursued his accusers before a Sheriff Court at Braemar, and freed himself at
+that time, and, as he heard, got some mends of his accusers, but what it was he knows
+not: That the only particular act of theft he heard him accused of, was the stealing of a
+parcel of sheep from Alexander Farquharson in Inverey, and which was the ground of the
+process before mentioned before the Sheriff: Depones, That the Sabbath before the
+Serjeant was amissing, a woman came to the deponent's father's house, and told them
+that, coming through the hills, she had seen four thieves in arms, who had separated
+fourteen of his father's cattle, upon which the Serjeant, with a party, went in quest of
+them immediately, but could find none of them, they having, it seems, gone off and left
+the cattle: Depones, That upon the Friday, the twenty-ninth of September, the corporal
+stationed at Glenshee met with the deponent at the fair of Kirkmichael, while the
+deponent was buying a pair of shoes, and he told the corporal that they were for Serjeant
+Davies, and the corporal told him that he had parted with the Serjeant the day before at
+the Water of Benow; the Serjeant, after that, was going to the hill to get a shot of the
+deer; which Water of Benow is about half a mile's distance from the place where the
+patrolling parties used to meet: Depones, That the prisoner Clerk was a common dealer in
+buying of sheep and cattle; and the deponent has seen him both buying and paying the
+price, and his father was reputed one of the richest tenants in Inverey's grounds.
+<i>
+Causa scienti&#230; patet</i>; and this is truth, as he shall answer to God.
+</p>
+<table summary="Signature" width="50%" cellpadding="1">
+<tr>
+<td>
+(Signed)
+</td>
+<td>
+<span class="sc">
+Donald Farquharson.</span>
+</td>
+</tr>
+<tr>
+<td>
+&nbsp;
+</td>
+<td>
+<span class="sc">
+P. Grant.</span>
+</td>
+</tr>
+</table>
+<br>
+<br>
+<p>
+<span class="sc">
+Alexander M'Pherson
+</span>
+<i>
+alias
+</i>
+<span class="sc">
+M<sup>c</sup>Gillas</span>, in Inverey, being solemnly sworn, purged of malice and
+partial council, and interrogate, aged twenty-six years, unmarried, Depones, That in
+summer one thousand seven hundred and fifty, he found lying in a moss bank in the hill
+of Christie, a human body, at least the bones of a human body, of which the flesh was
+mostly consumed, and he believed it to be the body of Serjeant Davies, because it was
+reported in the country that he had been murdered in that hill the year before. That when
+he first found this body, there was a bit of blue cloth upon it pretty entire, which he took
+to be what is called English cloth; he also found the hair of the deceased, which was of a
+dark mouse colour, and tied about with a black ribbon: That he also observed some pieces
+of a stripped stuff, and found also lying there a pair of brogues, which had been made
+with latches for buckles, which had been cut away by a knife: That he, by help of his
+staff, brought out the body, and laid it upon plain ground, in doing whereof some of the
+bones were separated one from another: Depones, That for some days he was in a doubt
+what to do, but meeting with John Growar in the moss, he told John what he had found,
+and John bid him tell nothing of it, otherways he would complain of the deponent to John
+Shaw of Daldownie, upon which the deponent resolved to prevent Growar's complaint,
+and go and tell Daldownie of it himself; and which having accordingly done, Daldownie
+desired him to conceal the matter, and go and bury the body privately, as it would not be
+carried to a kirk unkent, and that the same might hurt the country, being under the
+suspicion of being a rebel country: Depones, That some few days thereafter, he
+acquainted Donald Farquharson, the preceding witness, of his having seen the body of a
+dead man in the hill, which he took to be the body of Serjeant Davies: That Farquharson
+at first doubted the truth of his information, till the deponent having told him that a few
+nights before when he was in bed, a vision appeared to him as of a man clad in blue, who
+told the deponent, &#34;I am Serjeant Davies;&#34; but that before he told him so, the
+deponent had taken the said vision at first appearance to be a real living man, a brother of
+Donald Farquharson's: That the deponent rose from his bed, and followed him to the
+door, and then it was, as has been told, that he said he was Serjeant Davies who had been
+murdered in the Hill of Christie, about near a year before, and desired the deponent to go
+to the place he pointed at, where he would find his bones, and that he might go to Donald
+Farquharson, and take his assistance to the burying of him: That upon giving Donald
+Farquharson this information, Donald went along with him, and finding the bones as he
+informed Donald, and having then buried it with the help of a spade which he the
+deponent had alongst with him: And for putting what is above deponed upon out of
+doubt, Depones, that the above vision was the occasion of his going by himself to see the
+dead body, and which he did before he either spoke to John Growar, Daldownie, or any
+other body: And further Depones, that while he was in bed another night after he had first
+seen the body by himself, but had not buried it, the vision again appeared naked, and
+minded him to bury the body; and after that he spoke to the other folks above mentioned,
+and at last complied, and buried the bones above mentioned: Depones, That upon the
+vision's first appearance to the deponent in his bed, and after going out of the door, and
+being told by it he was Serjeant Davies, the deponent asked him who it was that had
+murdered him, to which it made this answer, that if the deponent had not asked him, he
+might have told him, but as he had asked him, he said he either could not or would not,
+but which of the two expressions the deponent cannot say; but at the second time the
+vision made its appearance to him, the deponent renewed the same question, and then the
+vision answered, that it was the two men now in the panel that had murdered him: And
+being further interrogate in what manner the vision disappeared from him first and last,
+Depones, That after the short interviews above mentioned, the vision at both times
+disappeared and vanished out of his sight in the twinkling of an eye; and that in
+describing the panels by the vision above mentioned as his murderers, his words were,
+Duncan Clerk and Alexander Macdonald: Depones, That the conversation betwixt the
+deponent and the vision was in the Irish language: Depones, That several times in the
+harvest before the Martinmas after seeing the said vision, he was applied to by Duncan
+Clerk, the panel, then to enter home to his service at that time, which accordingly he did,
+and staid in his service just a year, and he being in the hill together with Duncan Clerk,
+spying a young cow, desired the deponent to shoot it; and tho Duncan did not bid him
+carry it home after it should be shot, yet the deponent understood that to be the purpose,
+when Duncan desired him to shoot it, and which the deponent refused to do, adding, that
+it was such thoughts as these were in his head when he murdered Serjeant Davies, upon
+which some angry expressions happened between Duncan and the deponent; but when
+the deponent insisted upon it that he could not deny the murder, Duncan fell calm, and
+desired the deponent to say nothing of that matter, and that he would be a brother to him,
+and give him every thing he stood in need of, and particularly would help him to stock a
+farm when he took one; and the time of deponing, the deponent exhibited a paper, which
+is marked on the back by the Lord Examiner, the deponent averring he cannot write: And
+depones, That the said paper was put in his hands by the said Duncan Clerk, who at the
+time told him it was a premium of twenty pounds Scots to hold his tongue of what he
+knew of Serjeant Davies: Depones, That while the deponent was in the panel Duncan
+Clerk's service, and about Lammas seventeen hundred and fifty-one, he showed to the
+deponent a long green silk purse, and that he showed also to the deponent the contents
+which were in it,
+<i>
+viz.
+</i>
+sixteen guineas in gold, and some silver: And being interrogate what was the occasion of
+showing this purse and money to the deponent, Depones, it was one of two which he does
+not remember, either he had come from Aberdeen with money, which he had got for his
+wool, or was going to Badenoch to buy sheep: Depones, That he saw upon the finger of
+Elizabeth Downie, the panel Duncan Clerk's wife, a yellow ring, which she told him was
+gold, with a plate on the outside of it, in the form of a seal, and that he saw it on her
+finger six or eight weeks before her marriage; and that after her marriage, she having one
+day taken it off her finger, he saw upon the inside of it a stamp, but what that stamp is he
+does not know. And being interrogate, Depones, That he had a suspicion that this ring
+was Serjeant Davies's ring, having heard it reported in the country that Serjeant Davies
+had such a ring upon his finger when he was murdered, but does not remember his having
+told his suspicion to any body; and being further interrogate, depones, That since the
+panel Duncan's imprisonment, the deponent was solicited by Donald Clerk, the panel
+Duncan's brother, to conceal what he knew when he came to give evidence; but this was
+after his having first solicited the deponent to leave the country, that he might not give
+evidence, and upon the deponent's saying he offered him nothing to leave the country
+with; but then it was that Donald proposed his not giving true evidence, adding, that of
+every penny Donald was worth, the deponent should have the half; and being interrogate,
+at the desire of the Jury, if ever he had asked payment of the twenty pounds contained in
+the above-mentioned paper produced by him, Depones, That he once did, shortly after the
+term of payment, to which Duncan answered, that it would be as well to let it ly in his
+hands, to which he was satisfied, and that he never asked payment of the annual rent; and
+being further interrogate, Depones, that before the deponent went home to the panel's
+service at Martinmas one thousand seven hundred and fifty, it was well known and
+reported in the country that the bones of the dead body found upon the above mentioned
+hill had been buried by the deponent and Donald Farquharson, as also was the story of
+the vision or apparition whereof the deponent had told Donald Farquharson; and being
+interrogate for the panel, Depones, that he not only told the story of the vision or
+apparition to Donald Farquharson, as above mentioned, but that he also told it to John
+Growar and Daldownie before he mentioned it to Donald Farquharson: Depones, That
+there were folks living with him at the sheilling the time the vision appeared to him as
+above, but that he told it to none of them; and adds, that Isobel M'Hardie, in Inveray, a
+woman then in the sheilling with him, has told him since, that she saw such a vision as
+the deponent has above described, and has told him herself so much; and upon the panel's
+interrogatory, depones, that upon the vision's appearing to him, it described the place
+where he would find the bones so exactly, that he went within a yard of the place where
+they lay upon his first going out: And this is the truth, as he shall answer to God; and
+depones he cannot write.
+</p>
+<table summary="Signature" width="50%" cellpadding="1">
+<tr>
+<td>
+(Signed)
+</td>
+<td>
+<span class="sc">
+Ja. Ferguson.</span>
+</td>
+</tr>
+</table>
+<br>
+<br>
+<p>
+Compeared Duncan Campbell, one of the captains of the City Guard of Edinburgh, and
+was solemnly sworn, as he should answer to God, that he should interrogate in the Irish
+language such of the witnesses as should be afterwards adduced in this trial, as could not
+speak or understand the English language, and reduce the depositions, as they should
+emit the same, faithfully in the English language into writing.
+</p>
+<table summary="Signature" width="50%" cellpadding="1">
+<tr>
+<td>
+(Signed)
+</td>
+<td>
+<span class="sc">
+Duncan Campbell.</span>
+</td>
+</tr>
+<tr>
+<td>
+&nbsp;
+</td>
+<td>
+<span class="sc">
+Ja. Ferguson.</span>
+</td>
+</tr>
+</table>
+<br>
+<br>
+<p>
+<span class="sc">
+Isobel M'Hardie
+</span>
+in Inverey, who being solemnly sworn, purged of malice and partial council, aged forty
+and upwards, married, examined and interrogate: Depones, That one night about four
+years ago, when the deponent was lying in one end of the shealling, and Alexander
+M'Pherson, who was then her servant, lying in the other, she saw something naked come
+in at the door, which frighted her so much that she drew the clothes over her head: That
+when it appeared, it came in in a bowing posture, and that next morning she asked
+M'Pherson what it was that had troubled them the night before? to which he answered,
+she might be easy, for that it would not trouble them any more.
+<i>
+Causa scienti&#230; patet.
+</i>
+And this is truth, as she shall answer to God. And this deposition is subscribed by the said
+sworn interpreter.
+</p>
+<table summary="Signature" width="50%" cellpadding="1">
+<tr>
+<td>
+(Signed)
+</td>
+<td>
+<span class="sc">
+Duncan Campbell.</span>
+</td>
+</tr>
+<tr>
+<td>
+&nbsp;
+</td>
+<td>
+<span class="sc">
+Ja. Ferguson.</span>
+</td>
+</tr>
+</table>
+<br>
+<br>
+<p>
+Compeared,
+<span class="sc">
+James Macdonald
+</span>
+in Allanquoich, solemnly sworn, purged of malice and partial council, aged thirty-one
+years, married, examined and interrogate: Depones, That it is about two or three years
+since Clerk, the panel, was married to Elizabeth Downie, Alexander Downie's daughter,
+and hearing it reported in the country, that he should have said, that if his son-in-law had
+not killed Serjeant Davies, Serjeant Davies would have killed him: That the deponent
+asked of Alexander Downie, about lentron last, whether he had said so? and Alexander
+Downie acknowledged to him that he had said so: And the deponent heard that the
+occasion of this report in the country was, that Alexander Downie being at a miln, some
+of the people there upbraided Alexander Downie with his son-in-law Clerk, the panel, his
+having killed the said Serjeant: And Downie said, as the deponent heard, what could his
+son-in-law do, since it was in his own defence: Depones further, That he saw upon
+Elizabeth Downie, Clerk's wife, her thumb, a yellow ring, which he took to be gold; and
+this he saw after her marriage, having a little knap upon it like into a seal, having scores
+or lines round about it, and this he saw frequently upon her hand, which ring the deponent
+suspected to be Serjeant Davies's ring, and it was so suspected in the country.
+<i>
+Causa scienti&#230; patet.
+</i>
+And this is the truth: And says further, That Clerk the panel, was reputed to be guilty of
+thieving in the country, but that he heard nothing to the prejudice of M'Donald's
+character: And being interrogate for the panel, depones, That he never heard Clerk the
+panel, guilty of any particular theft except one of a parcel of sheep, from one Alexander
+Farquharson in Inverey, about nine or ten years ago. All which is truth, as he shall answer
+to God; and depones he cannot write.
+</p>
+<table summary="Signature" width="50%" cellpadding="1">
+<tr>
+<td>
+(Signed)
+</td>
+<td>
+<span class="sc">
+Alex<sup>r
+</sup>
+Fraser.</span>
+</td>
+</tr>
+</table>
+<br>
+<br>
+<p>
+Compeared
+<span class="sc">
+Peter M'Nab
+</span>
+in Wester Micras, aged fifty-seven years, solemnly sworn, purged of malice and partial
+council, examined and interrogate: Depones, That it is now about four years ago, since he
+heard it reported in the country, that the two men, Clerk and Macdonald, the panels, were
+the people who murdered Serjeant Davies, and a little time after Elizabeth Downie was
+married to Clerk the panel: The deponent happened to be in Alexander Downie her
+father's house, and then saw upon her finger a ring, pretty massy, having a lump upon it
+pretty large; and the deponent got the ring into his hand, and the lump appeared to the
+deponent to be something in the shape of a heart: And the deponent asked Elizabeth
+Downie how she came by that ring? to which she answered, that she had bought it from
+one James Lauder, a merchant: The deponent replied, that he thought it was cheap and
+worth more money, and that it was reported in the country, that the said Elizabeth
+Downie was wearing rings of Serjeant Davies's, but he never saw her have any but that
+one: And further adds, that he never heard any other suspected of the murder of Serjeant
+Davies but the panels, except once, that it was suspected to have been done by caterers;
+and he also heard, for a twelvemonth after Serjeant Davies was amissing, that he had
+deserted; nevertheless the general report or belief of the country was, that the two panels
+had murdered him.
+<i>
+Causa scienti&#230; patet.
+</i>
+And this is the truth, as he shall answer to God.
+</p>
+<table summary="Signature" width="50%" cellpadding="1">
+<tr>
+<td>
+(Signed)
+</td>
+<td>
+<span class="sc">
+Peter MacNab.</span>
+</td>
+</tr>
+<tr>
+<td>
+&nbsp;
+</td>
+<td>
+<span class="sc">
+Alex<sup>r
+</sup>
+Fraser.</span>
+</td>
+</tr>
+</table>
+<br>
+<br>
+<p>
+Compeared
+<span class="sc">
+Isobel Ego</span>, in Teantoul, aged eighteen years, or thereby, solemnly sworn, purged
+of malice and partial council, examined and interrogate by the sworn interpreter
+aforesaid, Depones, That about four years ago she found upon the Hill of Christie a
+silver-laced hat, with a silver-button on it; which hat she carried home to her master,
+Alexander Macdonald in Inverey, and delivered it to him.
+<i>
+Causa scienti&#230; patet.
+</i>
+And this is the truth, as she shall answer to God; and depones she cannot write. And this
+deposition is subscribed by the foresaid sworn interpreter.
+</p>
+<table summary="Signature" width="50%" cellpadding="1">
+<tr>
+<td>
+(Signed)
+</td>
+<td>
+<span class="sc">
+Duncan Campbell.</span>
+</td>
+</tr>
+<tr>
+<td>
+&nbsp;
+</td>
+<td>
+<span class="sc">
+Alex<sup>r
+</sup>
+Fraser.</span>
+</td>
+</tr>
+</table>
+<br>
+<br>
+<p>
+Compeared
+<span class="sc">
+Alexander Macdonald</span>, in Inverey, aged thirty years and upwards, married;
+solemnly sworn, purged of malice and partial council, examined and interrogate,
+Depones, That about four or five years ago, after Serjeant Davies was amissing, his
+servant-maid, Isobel Ego, the immediate preceding witness, being sent to the hills of
+Inverey to look for some horses, when the said servant-maid returned, she told the
+deponent's wife, as she told him, that she had come home richer than she went out,
+having found in the hill a silver-laced hat: That his wife, upon seeing the said hat, had no
+peace of mind, believing it to be Serjeant Davies's hat, and desired it might be put out of
+her sight: That the deponent, who was abroad, having come home, took the hat and put it
+below a stone near to a burn which run by his shealling, where his wife then was: That
+the hat was carried away from under the said stone, but who it was that carried it off the
+deponent knows not.
+<i>
+Causa scienti&#230; patet.
+</i>
+And this is the truth, as he shall answer to God; and depones he cannot write. And this
+deposition is signed by the said sworn interpreter.
+</p>
+<table summary="Signature" width="50%" cellpadding="1">
+<tr>
+<td>
+(Signed)
+</td>
+<td>
+<span class="sc">
+Duncan Campbell.</span>
+</td>
+</tr>
+<tr>
+<td>
+&nbsp;
+</td>
+<td>
+<span class="sc">
+Alex<sup>r
+</sup>
+Fraser.</span>
+</td>
+</tr>
+</table>
+<br>
+<br>
+<p>
+<span class="sc">
+Donald Downie</span>, at the miln of Inverey, aged thirty years or thereby; solemnly
+sworn, purged of malice and partial council, by the sworn interpreter aforesaid, and by
+him interrogate, Depones, That he was loading his horse with corn, to be carried into the
+barnyeard at the miln of Inverey, upon that day that Serjeant Davies was amissing: That
+between the midday and sunset he heard three gunshots, but cannot tell from what
+particular place the sound came: That the three shots were pretty near one another, and all
+within less than a quarter of an hour. Depones, That the Hill of Christie, libelled, is about
+a mile's distance to the entrance thereof from the place where he then was, and that it will
+be at least three miles from there to the place where the bones were found. Depones, That
+he was told that Isobel Ego, a preceding witness, found a hat in the Hill of Christie, which
+she brought home and delivered to her master: That he heard her master hid it at the
+Burnside, under a stone: That some time thereafter some of the bairns of Inverey found
+the said hat, and brought it to his the deponent's father's house, where he saw it; and the
+hat libelled being shown to him, depones, he having inspected it, That it is the same hat
+which was so brought to his father's house, and pointed out the letters D. A. thereon at
+deponing, and that he himself delivered the said hat to James Small, factor on the estate
+of Strowan.
+<i>
+Causa scienti&#230; patet.
+</i>
+And this is the truth, as he shall answer to God.
+</p>
+<table summary="Signature" width="50%" cellpadding="1">
+<tr>
+<td>
+(Signed)
+</td>
+<td>
+<span class="sc">
+Duncan Campbell.</span>
+</td>
+</tr>
+<tr>
+<td>
+&nbsp;
+</td>
+<td>
+<span class="sc">
+Alex<sup>r
+</sup>
+Fraser.</span>
+</td>
+</tr>
+</table>
+<br>
+<br>
+<p>
+<span class="sc">
+John Cook</span>, barrackmaster at Braemar Castle, aged thirty years and upwards,
+<i>
+solutus</i>, solemnly sworn, purged of malice and partial council, examined and
+interrogate, Depones, That the hat libelled now shown to him, was delivered by Donald
+Downie, the preceding witness, to James Small, before designed, at the house of one
+Charles, in Castletown of Braemar, and was delivered to the said deponent by Mr Small,
+to be kept by him till it should be called for; and that he brought it along with him to
+town, and he knows it to be the same by the letters D. A. which he often observed
+thereon, and now at deponing: Depones, That after Serjeant Davies was amissing, a
+report sprung up, that one Levingston, a soldier, having a prejudice at him, had murdered
+him; but, upon enquiry, it being found, who had had leave of absence, returned to the
+garrison the afternoon of that day on which the Serjeant was amissing; the report thereon
+ceased, and about ten days thereafter it was reported that the Serjeant had been murdered
+by two young men about Inverey. And about a year and a half after the Serjeant had been
+amissing, he heard Duncan Clerk the panel named as one of them, but never heard any
+thing of Alexander Macdonald, the other panel, till he was committed prisoner to the
+Castle of Braemar in September last.
+<i>
+Causa scienti&#230; patet.
+</i>
+And this is the truth, as he shall answer to God.
+</p>
+<table summary="Signature" width="50%" cellpadding="1">
+<tr>
+<td>
+(Signed)
+</td>
+<td>
+<span class="sc">
+John Cook.</span>
+</td>
+</tr>
+<tr>
+<td>
+&nbsp;
+</td>
+<td>
+<span class="sc">
+Hew Dalrymple.</span>
+</td>
+</tr>
+</table>
+<br>
+<br>
+<p>
+Compeared
+<span class="sc">
+John Grant</span>, in Altalaat, aged forty years and upwards, married, solemnly sworn,
+purged of malice and partial council, examined and interrogate: Depones, That both the
+panels lodged in his house upon the night of the twenty-seventh of September, one
+thousand seven hundred and forty-nine: That next morning they breakfasted, after the sun
+rising, with him; and as he was going to a Michaelmas fair, when he came out of his
+house, he looked and saw the two panels at his door, each having a gun in his hand, and
+they told him that they intended to go a deer hunting, but did not mention to what place:
+That the deponent accordingly went to the fair, and returned in about four days home, and
+then heard that a soldier who had been upon some of the hills was amissing, and in a very
+short time heard it was Serjeant Davies: That at first it was rumoured that some of the
+Serjeant's own men had killed him; and afterwards that he had been killed by some
+outlaws; and after that it was clattered that the panels had killed him: Depones, That the
+night the panels lodged with him as above, one of them talked of going the next morning
+in quest of horses for leading in corn, without mentioning from where.
+<i>
+Causa scienti&#230; patet.
+</i>
+And this is the truth, as he shall answer to God. This deposition signed by Duncan
+Campbell, sworn interpreter.
+</p>
+<table summary="Signature" width="50%" cellpadding="1">
+<tr>
+<td>
+(Signed)
+</td>
+<td>
+<span class="sc">
+Duncan Campbell.</span>
+</td>
+</tr>
+<tr>
+<td>
+&nbsp;
+</td>
+<td>
+<span class="sc">
+Hew Dalrymple.</span>
+</td>
+</tr>
+</table>
+<br>
+<br>
+<p>
+<span class="sc">
+John Grant</span>, son to the said John Grant in Altalaat, aged twenty years, solemnly
+sworn, purged of malice and partial council, by the sworn interpreter aforesaid, and by
+him interrogate: Depones, That he knows the panels, and that they lodged with his father
+the night of the twenty-seventh of September, one thousand seven hundred and forty-
+nine: That next morning the panels, each of them having a gun, and Duncan Clerk a grey
+plaid about him, went up the water to the hill of Gleneye, which is about a mile and a half
+distant from the hill of Christie: That the road they took was not the direct road to the hill
+last named; and before they went they said they were going a deer hunting and for horses
+to lead in their corns: That three or four days after this, they heard that Serjeant Davies
+was amissing, and that he was killed in the hill of Christie; but the last part of this he did
+not hear till some time, a year or two thereafter.
+<i>
+Causa scienti&#230; patet.
+</i>
+And this is truth, as he shall answer to God.
+</p>
+<table summary="Signature" width="50%" cellpadding="1">
+<tr>
+<td>
+(Signed)
+</td>
+<td>
+<span class="sc">
+Duncan Campbell.</span>
+</td>
+</tr>
+<tr>
+<td>
+&nbsp;
+</td>
+<td>
+<span class="sc">
+Hew Dalrymple.</span>
+</td>
+</tr>
+</table>
+<br>
+<br>
+<p>
+<span class="sc">
+Elspeth Macara</span>, in Inverey, late servant to Duncan Clerk, one of the panels, aged
+thirty-two years; solemnly sworn, purged of malice and partial council, as aforesaid, and
+interrogate, Depones, That she was fellow-servant, about three years ago, with Alexander
+Macgillies, a preceding witness, in Duncan Clerk, the panel's house: That she once saw in
+the said Alexander's hands a yellow ring, but knows not if it was gold, with a knob upon
+it of the same metal; which ring she frequently observed on the finger of the wife of the
+said Duncan Clerk. And further depones, That the said knob was bigger above and
+smaller below, and shaped something like a heart.
+<i>
+Causa scienti&#230; patet.
+</i>
+And this is truth, as she shall answer to God. This deposition signed by the above
+interpreter.
+</p>
+<table summary="Signature" width="50%" cellpadding="1">
+<tr>
+<td>
+(Signed)
+</td>
+<td>
+<span class="sc">
+Duncan Campbell.</span>
+</td>
+</tr>
+<tr>
+<td>
+&nbsp;
+</td>
+<td>
+<span class="sc">
+Hew Dalrymple.</span>
+</td>
+</tr>
+</table>
+<br>
+<br>
+<p>
+<span class="sc">
+John Growar</span>, in Inverey, aged fifty years and upwards, a widower; who being
+solemnly sworn, purged of partial council, and interrogate, Depones, That upon the 28th
+of September, 1749, the deponent having gone to a glen called Glenconie, to bring home
+his horses to lead in the corns, he met with Serjeant Davies, of whom he had some
+acquaintance before; and he had at that time a good deal of conversation with him,
+particularly with relation to a tartan coat which the Serjeant had observed the deponent to
+drop, and after strictly enjoining him not to use it again, dismissed him, instead of making
+him prisoner: That the deponent went home with his horses, and saw no more of the
+Serjeant, who was alone; and that their meeting was about an hour after sunrising, to the
+best of the deponent's knowledge: That some time thereafter, about four years ago, he
+was told by Alexander Macpherson
+<i>
+alias
+</i>
+M'Gillies, a former witness, that the Serjeant's ghost had appeared to him, M'Gillies, and
+had desired him to bury his, the Serjeant's, bones, and to bring Donald Farquharson, also
+a former witness, along with him; but M'Gillies at that time did not mention the place
+where the bones were to be found, but afterwards told the deponent that the Serjeant's
+bones were found in the place to which the ghost had directed him; and one day the said
+M'Gillies and the deponent being in the hill together, he, M'Gillies, pointed to him the
+place where they were found, which was not far from the place in which he had formerly
+met Serjeant Davies, upon the 28th of September aforesaid; and that two years ago, in
+labouring time, the said M'Gillies told him that the said ghost came to M'Gillies's master's
+house, and the door flung open, and took M'Gillies out of the house, and told him that the
+panels had been his murderers. Depones, That about two years ago he had a conversation
+with M'Gillies, who told him, that one day coming from the hill with Duncan Clerk, the
+panel, then his master, and another time when in bed, he had a conversation with the said
+Duncan concerning Serjeant Davies's murder, and all the answer Duncan made was,
+What can you say of an unfortunate man? Depones, That about ten or eleven years ago,
+Duncan Clerk, the panel, was said to have stolen some sheep from one Alexander
+Farquharson, in Inverey, and there was a Sheriff-court held upon that matter at the Mill of
+Achindryne, in which nothing was found against the said Duncan, but John Ewes alias
+M'Donald was fined, and the deponent became cautioner for him, that he should never
+speak about it again.
+<i>
+Causa scienti&#230; patet.
+</i>
+And this is the truth, as he shall answer to God.
+</p>
+<table summary="Signature" width="50%" cellpadding="1">
+<tr>
+<td>
+(Signed)
+</td>
+<td>
+<span class="sc">
+John Grewer.</span>
+</td>
+</tr>
+<tr>
+<td>
+&nbsp;
+</td>
+<td>
+<span class="sc">
+Hew Dalrymple.</span>
+</td>
+</tr>
+</table>
+<br>
+<br>
+<p>
+<span class="sc">
+Angus Cameron</span>, in Easter Finart, Rannach, aged thirty years and upwards,
+solemnly sworn, purged of malice and partial council, by Duncan Campbell, sworn
+interpreter, and by him interrogate, Depones, That he was in Braemaar four years past at
+Michaelmas last; that is, in the year 1749: That about an hour and a half before sun-set on
+the 28th of September, he being on the hill of Galcharn, on the side thereof, saw a man in
+a blue coat, with a gun in his hand, with a hat which had a white edging about it, he
+knows not whether it was silver or not; and saw other two men, one of whom was the
+panel Duncan Clerk, who he had seen upon former occasions, and another man of a lower
+stature than the said Duncan Clerk, coming up the hill towards the first mentioned man,
+who was distant from him, the deponent, about a gunshot, upon, or near the top of a hill
+opposite to him, the deponent, the name of which he does not know, he being a stranger
+in that country; that there was another man along with him, the deponent, named Duncan
+Cameron, and that they were waiting there for other travellers, and his said companion is
+dead about three years ago: Depones, That he saw Duncan Clerk, the panel, and his
+companion, whom he did not, nor does not know, meet with the man clad in blue, as
+aforesaid; and after they had stood for some time together, he saw Duncan Clerk, the
+panel, strike at the man in blue, as he thought, with his naked hand only, upon the breast;
+but, upon the stroke, he heard the man struck cry out, and clap his hand upon the place
+struck, turn about, and go off: That the panel Duncan Clerk and the other man stood still
+for a little, and then followed after the man in blue, and saw him, the said Duncan and the
+other man, each of whom had a gun, fire at the man in blue: That the two shots were very
+near one another; and immediately upon them, the man in blue fell: That Duncan Clerk,
+the panel, had upon him a grey plaid, with some red in it, whom he saw that same day,
+and his companion along with him, (but spoke to none of them,) about mid-day, and that
+they passed him as he was lying upon the same hill; and that both times that same day,
+that he had occasion to see the said Duncan Clerk and his companion, he was lying in a
+little hollow upon the side of the said hill of Galcharn, in such a manner, as he thinks,
+neither the said Duncan Clerk, or his companion did see him: And depones, That there
+was no long heather in the said hollow where he was lying: Depones, That after the man
+in blue fell, in manner above mentioned, the panel Duncan Clerk, and his companion,
+went up to him; and as it was the deponent's opinion the man was dead, he saw them
+stoop down, and handle his body; and while they were so employed, he, the deponent,
+and his companion, got up, and made off: Depones, That he did not mention any thing of
+the premises to any body for nine months or a twelve month, and then he spoke of it to
+one Donald Cameron, and to Duncan Cameron, a different man from him above
+mentioned, who advised him to say nothing of it, as it might get ill-will to himself, and
+bring trouble on the country; some people that he told it to said, that people would not
+believe him, but rather think he was telling lies: That it was six months after what he saw,
+and has deponed upon, that he heard that Serjeant Davies was amissing. And being
+interrogate for the panels, depones, That he came to the said hill of Galcharn, and lay
+down in the hollow about two hours after sun-rising; and depones, That he and his
+companion were, the night before the twenty-eighth of September aforesaid, in Glenbruar
+Braes, which is about ten miles distant from the hill of Galcharn; and that he left these
+braes about the end of said night; and that the travellers that he expected to pass that day
+were Donald Cameron, who was afterwards hanged, together with some of the said
+Donald's companions from Lochaber.
+<i>
+Causa scienti&#230; patet.
+</i>
+And this is the truth, as he shall answer to God. This deposition signed by the sworn
+interpreter aforesaid.
+</p>
+<table summary="Signature" width="50%" cellpadding="1">
+<tr>
+<td>
+(Signed)
+</td>
+<td>
+<span class="sc">
+Duncan Campbell.</span>
+</td>
+</tr>
+<tr>
+<td>
+&nbsp;
+</td>
+<td>
+<span class="sc">
+Hew Dalrymple.</span>
+</td>
+</tr>
+</table>
+<br>
+<br>
+<p>
+<span class="sc">
+Duncan Cameron</span>, in Dunan, aged twenty-eight years, unmarried, solemnly
+sworn, purged of malice and partial council, examined and interrogate, Depones, That in
+the summer after he had heard that one Serjeant Davies was amissing, Angus Cameron, a
+preceding witness, told the deponent that he saw Duncan Clerk, and another person
+unknown, shoot a man in Braemaar, whom the said Angus, by his dress, believed to be a
+serjeant or officer; upon which the deponent said he did not want to hear any more on
+that subject.
+<i>
+Causa scienti&#230; patet.
+</i>
+And this is the truth, as he shall answer to God.
+</p>
+<table summary="Signature" width="50%" cellpadding="1">
+<tr>
+<td>
+(Signed)
+</td>
+<td>
+<span class="sc">
+Duncan Campbell.</span>
+</td>
+</tr>
+<tr>
+<td>
+&nbsp;
+</td>
+<td>
+<span class="sc">
+Gilb. Elliot.</span>
+</td>
+</tr>
+</table>
+<br>
+<br>
+<p>
+<span class="sc">
+Donald Dow Cameron</span>, in Milntown of Ashintilly, Strathardle, aged forty-four
+years, married; who being solemnly sworn, and purged of partial council, by Duncan
+Campbell, sworn interpreter aforesaid, and by him interrogate, Depones, That in the
+summer after he heard that a serjeant in Braemaar was amissing, whose name he thinks
+was Davidson, or something like that, Angus Cameron, a preceding witness, told the
+deponent that he had seen Duncan Clerk the panel, and another man along with him,
+shoot a man, like a gentleman or an officer, upon a hill in Braemaar: That upon this the
+deponent told the said Angus Cameron that he did not want to hear more any such stories,
+nor to have such a report raised of the country; and the deponent at the same time advised
+Angus to keep the thing secret, and to speak no more on the subject.
+<i>
+Causa scienti&#230; patet.
+</i>
+And this is the truth, as he shall answer to God. This deposition signed by the sworn
+interpreter aforesaid.
+</p>
+<table summary="Signature" width="50%" cellpadding="1">
+<tr>
+<td>
+(Signed)
+</td>
+<td>
+<span class="sc">
+Duncan Campbell.</span>
+</td>
+</tr>
+<tr>
+<td>
+&nbsp;
+</td>
+<td>
+<span class="sc">
+Gilb. Elliot.</span>
+</td>
+</tr>
+</table>
+<br>
+<br>
+<p>
+<span class="sc">
+Lauchlan M'Intosh</span>, in Inverey, aged near thirty years, unmarried, solemnly
+sworn, purged of malice and partial council, examined and interrogate by the sworn
+interpreter aforesaid, Depones, That the panel, Duncan Clerk's father, his house is within
+less than a quarter of a mile of the deponent's house: That upon the afternoon of that day
+in which Serjeant Davies was amissing, as he thinks, or at least the afternoon of the day
+following, he cannot be altogether positive which, he saw Duncan Clerk, panel, come
+from the hill to his father's house, with a gun in his hand, and a sort of grey plaid about
+him: That he does not remember that he saw him about his father's house before that time
+in the afternoon of that day.
+<i>
+Causa scienti&#230; patet.
+</i>
+And this is the truth, as he shall answer to God.
+</p>
+<table summary="Signature" width="50%" cellpadding="1">
+<tr>
+<td>
+(Signed)
+</td>
+<td>
+<span class="sc">
+Lauchlan M'Intosh.</span>
+</td>
+</tr>
+<tr>
+<td>
+&nbsp;
+</td>
+<td>
+<span class="sc">
+Gilb. Elliot.</span>
+</td>
+</tr>
+</table>
+<br>
+<br>
+<p>
+<span class="sc">
+Jean Davidson</span>, spouse to Gregor Keir, in Inverey, aged thirty years, married;
+who being solemnly sworn, and purged of malice and partial council, by the sworn
+interpreter aforesaid, Depones, That she lived in the same town with Duncan Clerk, the
+panel's father, who is now dead: That the evening of the day upon which Serjeant Davies
+was first amissing, she saw Duncan Clerk, the panel, return from the hill to his father's
+house about sun-setting, having a plaid upon him, with a good deal of red in it, but
+whether he had a gun in his hand the deponent did not observe: That Duncan Clerk's
+father was that day working among his corns; and the deponent did not see the said
+Duncan about the town till the evening, as above deponed upon. And further depones,
+being interrogate for the panel, That when she first saw Duncan Clerk, she was among
+the corns with his father a little below the town, and that Duncan was about a gun-shot
+from her, coming towards his father's house from the hill, and that he came near to the
+place where she was with his father.
+<i>
+Causa scienti&#230; patet.
+</i>
+And this is the truth, as she shall answer to God. And this deposition is signed by the
+foresaid sworn interpreter.
+</p>
+<table summary="Signature" width="50%" cellpadding="1">
+<tr>
+<td>
+(Signed)
+</td>
+<td>
+<span class="sc">
+Duncan Campbell.</span>
+</td>
+</tr>
+<tr>
+<td>
+&nbsp;
+</td>
+<td>
+<span class="sc">
+Alex<sup>r
+</sup>
+Fraser.</span>
+</td>
+</tr>
+</table>
+<br>
+<br>
+<p>
+<span class="sc">
+Lauchlan M'Intosh</span>, servant to William Grant of Burnside, aged twenty-one years,
+solemnly sworn, purged of malice and partial council, examined and interrogate,
+Depones, That he was a servant to Michael Farquharson in Dubrach, in whose house
+Serjeant Davies quartered: That he saw the Serjeant have a little pen-knife, upon the end
+of the haft of which there was a seal for sealing of letters, and he heard the Serjeant say
+that was the use he made of the said seal: That he saw Serjeant Davies leave his master's
+house about sun-rising that day upon which he was amissing; that he never saw him
+since: That about two years thereafter, being on the hill with Alexander Macdonald the
+panel, and the said Alexander Macdonald had in his hand a pen-knife, which the
+deponent saw, very like the pen-knife which Serjeant Davies had above mentioned: That
+the deponent, upon seeing that pen-knife, told Macdonald that the pen-knife he then had
+was very like Serjeant Davies's pen-knife, and Macdonald made answer that there were
+many siclikes: And further depones, That he saw the Serjeant have a green silk purse, in
+which he saw the Serjeant put in and take out several pieces of gold: The deponent does
+not remember what the handle of the Serjeant's knife was made of, nor does he remember
+what was engraven on the end of the handle of the pen-knife which the Serjeant had, nor
+the end of the handle of the pen-knife which Macdonald had, but that both seals were
+white.
+<i>
+Causa scienti&#230; patet.
+</i>
+And this is the truth, as he shall answer to God. And depones he cannot write.
+</p>
+<table summary="Signature" width="50%" cellpadding="1">
+<tr>
+<td>
+(Signed)
+</td>
+<td>
+<span class="sc">
+Alex<sup>r
+</sup>
+Fraser.</span>
+</td>
+</tr>
+</table>
+<br>
+<br>
+<p>
+<span class="sc">
+John Brown
+</span>
+in Drumcraggan, aged sixty years, or thereby, solemnly sworn, purged of malice and
+partial council by the sworn interpreter aforesaid, and by him interrogate, Depones, That
+he was ground-officer for the lands of Inverey, and was so at the time when Serjeant
+Davies's body was amissing: That he was ordered by the Chamberlain of Inverey, to call
+out the country people in search for Serjeant Davies's body, which accordingly he did
+search for with the country people for two days, without finding it: That the last of the
+two days, as the deponent and the country people were returning home, and had given
+over the search, the panel, Duncan Clerk, challenged the deponent for troubling the
+country people with such an errand, and upon this the deponent and the said Duncan
+Clerk had some scolding words.
+<i>
+Causa scienti&#230; patet.
+</i>
+And this is the truth, as he shall answer to God. And depones he cannot write. And this
+disposition is signed by the foresaid sworn interpreter.
+</p>
+<table summary="Signature" width="50%" cellpadding="1">
+<tr>
+<td>
+(Signed)
+</td>
+<td>
+<span class="sc">
+Duncan Campbell.</span>
+</td>
+</tr>
+<tr>
+<td>
+&nbsp;
+</td>
+<td>
+<span class="sc">
+Alex<sup>r
+</sup>
+Fraser.</span>
+</td>
+</tr>
+</table>
+<br>
+<br>
+<p>
+<i>
+Follows the Witnesses adduced by the Panels in exculpation.
+</i>
+</p>
+<br>
+<p>
+Captain
+<span class="sc">
+John Forbes
+</span>
+of New, aged forty-five years, married, who being solemnly sworn, purged of malice and
+partial council, examined and interrogate, Depones, That James Small having suggested
+to the deponent that it might be proper that Duncan Clerk the panel's wife, should be
+examined upon what rings she had in her possession, and that some other witnesses in
+relation thereto, might be precognosced, presented a petition to the deponent, as the next
+Justice of Peace to where she lived, craving, to the purpose above mentioned: That the
+deponent went for that end to Braemaar; and she being summoned to appear at the
+Castletown of Braemaar, appeared before the deponent, and declared, in substance, as
+follows: That since she was married, a small brass ring, which she then presented to the
+deponent, and a gold ring which she got from her mother, and wore sometimes, were the
+only rings that she had since her marriage; and that before her marriage she got a copper
+ring from one Allan M'Donald, brother to James Macdonald, in Allanquoich, with a
+round knot of the same metal raised upon it, which, the summer before she was married,
+she gave to Alexander M'Intosh alias Rioch, then a glen-herd, and now servant to
+Thomas Gordon in Fetherletter, in Strathaven, and that she was married to the said
+Duncan Clerk, panel, in harvest 1751.
+<i>
+Causa scienti&#230; patet.
+</i>
+And this is the truth, as he shall answer to God.
+</p>
+<table summary="Signature" width="50%" cellpadding="1">
+<tr>
+<td>
+(Signed)
+</td>
+<td>
+<span class="sc">
+John Forbes.</span>
+</td>
+</tr>
+<tr>
+<td>
+&nbsp;
+</td>
+<td>
+<span class="sc">
+Hew Dalrymple.</span>
+</td>
+</tr>
+</table>
+<br>
+<br>
+<p>
+<span class="sc">
+Duncan Keir</span>, in Glenmuick, aged twenty and upwards, unmarried, solemnly
+sworn, purged and interrogate, Depones, That the day that the Braemaar men were going
+to the Michaelmas fair in Strathaven, which was the day before the said fair held, he saw
+Duncan Clerk, the panel, at Gleney, where the deponent then lived, before he and the
+other shearers there had got their dinner, and that they dined sometimes later and
+sometimes more early, and cannot tell at what time they dined that day, but the sun was a
+good while high when he saw him: That he had on a plaid, which he thinks was grey:
+That Gleney is a mile farther up the water than Inverey towards the hill; and the next day,
+after he saw the said Duncan Clerk as above, he heard that Serjeant Davies was amissing.
+<i>
+Causa scienti&#230; patet.
+</i>
+And this is the truth, as he shall answer to God. And depones he cannot write.
+</p>
+<table summary="Signature" width="50%" cellpadding="1">
+<tr>
+<td>
+(Signed)
+</td>
+<td>
+<span class="sc">
+Hew Dalrymple.</span>
+</td>
+</tr>
+</table>
+<br>
+<br>
+<p>
+<span class="sc">
+Elizabeth Macdonald</span>, in Tulloch of Invercauld, aged twenty-eight years,
+unmarried, solemnly sworn, purged and interrogate by the sworn interpreter aforesaid,
+Depones, That the day before she heard Serjeant Davies was amissing, she saw Duncan
+Clerk, the panel, at the shearers of Gleney, but did not observe from whence he came:
+That she does not remember that he had either a gun or a plaid, but thinks that he had a
+short blue coat upon him, and that Gleney is a mile farther up the water towards the hill
+than Inverey: That when she saw the said panel it was before dinner, which they took
+early that day, being betwixt twelve and one; and that Duncan Keir, the preceding
+witness, was one of the said shearers; and that Gleney is about a mile from Glenconie.
+<i>
+Causa scienti&#230; patet.
+</i>
+And this is the truth, as she shall answer to God. This deposition signed by the said sworn
+interpreter.
+</p>
+<table summary="Signature" width="50%" cellpadding="1">
+<tr>
+<td>
+(Signed)
+</td>
+<td>
+<span class="sc">
+Duncan Campbell.</span>
+</td>
+</tr>
+<tr>
+<td>
+&nbsp;
+</td>
+<td>
+<span class="sc">
+Hew Dalrymple.</span>
+</td>
+</tr>
+</table>
+<br>
+<br>
+<p>
+The Lords Commissioners of Justiciary fine and amerciate Ronald Macdonald, brother to
+James Macdonald in Allanquoich, and Alexander Macintosh
+<i>
+alias
+</i>
+Reoch, now servant to Thomas Gordon of Fetterletter, in Strathaven, and each of them, in
+the sum of one hundred merks Scots money, for their not appearing this day and place, to
+bear leal and soothfast witnessing, in so far as they knew, or should be asked at them,
+anent the said panels, Duncan Terig
+<i>
+alias
+</i>
+Clerk, and Alexander Bain Macdonald, their guiltiness of the crime of murder mentioned
+in the said indictment, raised at the instance of his Majesty's advocate against them
+thereanent, as they, who were lawfully cited for that effect, thrice called, and not
+compearing.
+</p>
+<table summary="Signature" width="50%" cellpadding="1">
+<tr>
+<td>
+(Signed)
+</td>
+<td>
+<span class="sc">
+Gilb. Elliot</span>
+</td>
+</tr>
+</table>
+<br>
+<br>
+<p>
+The Lords ordain the assize forthwith to inclose in the Exchequer-Room, and to return
+their verdict against six o'clock in the afternoon to-morrow, in this place; and ordain the
+haill fifteen then to be present, and the panels to be carried back to prison.
+</p>
+<div class="blockquote">
+<p>
+<i>
+CURIA JUSTICIARIA S. D. N. Regis tenta in Nova Sessionis Domo Burgi de
+Edinburgh, Duodecimo die Mensis Junij, 1754, per honorabiles viros Carolum Areskine
+de Alva, Justiciarium Clericum, Dominum Gilbertum Elliot de Minto, Magistros
+Alexandrum Fraser de Strichen, Patricium Grant de Elchies, et Hugonem Dalrymple de
+Drummore, Commissionarios Justiciarios dict. S. D. N. Regis.
+</i>
+</p>
+<p class="ctr">
+<i>
+Curia legittime affirmata.
+</i>
+</p>
+<p class="ctr">
+<span class="sc">
+Intran.
+</span>
+</p>
+<p>
+<span class="sc">
+Duncan Terig
+</span>
+<i>
+alias
+</i>
+<span class="sc">
+Clerk</span>, and
+<span class="sc">
+Alexander Bain Macdonald</span>,&#8212;Panels.
+</p>
+<p>
+Indicted and accused as in the former Sederunt.
+</p>
+<p>
+The persons who past upon the assize of the said panels, returned their verdict, in
+presence of the saids Lords, whereof the tenor follows:
+</p>
+<p>
+<span class="sc">
+At Edinburgh</span>, the twelfth day of June, one thousand seven hundred and fifty-four
+years.
+</p>
+</div>
+<p>
+<span class="sc">
+The above assize
+</span>
+having inclosed, and having made choice of Robert Forrester to be their chancellor, and
+William Sands to be their clerk; and having considered the criminal indictment pursued at
+the instance of William Grant of Prestongrange, Esq., his Majestie's Advocate, for his
+Majestie's interest, against Duncan Terig alias Clerk, and Alexander Bain Macdonald,
+both now prisoners in the tolbooth of Edinburgh, panels, with the Lords Justice-Clerk and
+Commissioners of Justiciary, their interlocutor thereupon; together with the depositions
+of the witnesses adduced for proving thereof; and the depositions of the witnesses
+adduced for the exculpation of the panels, they all, in one voice, find the above-named
+panels not guilty of the crimes libelled. In witness whereof, their said chancellor and
+clerk, in their names, have subscribed thir presents, place and date foresaid.
+</p>
+<table summary="Signature" width="50%" cellpadding="1">
+<tr>
+<td>
+(Signed)
+</td>
+<td>
+<span class="sc">
+Rob<sup>t
+</sup>
+Forrester</span>,
+<i>
+Chanl<sup>r</sup></i>.
+</td>
+</tr>
+<tr>
+<td>
+&nbsp;
+</td>
+<td>
+<span class="sc">
+William Sands</span>,
+<i>
+Clerk</i>.
+</td>
+</tr>
+</table>
+<br>
+<br>
+<p>
+<span class="sc">
+The Lords Justice-Clerk and Commissioners of Justiciary</span>, in respect of the
+foresaid verdict of assize returned against the said Duncan Terig
+<i>
+alias
+</i>
+Clerk, and Alexander Bain Macdonald, panels,
+<span class="sc">
+assoilzie
+</span>
+them simpliciter, and dismiss them from the bar.
+</p>
+<table summary="Signature" width="50%" cellpadding="1">
+<tr>
+<td>
+(Signed)
+</td>
+<td>
+CH. ARESKINE, I.P.D.
+</td>
+</tr>
+</table>
+
+
+
+
+
+
+
+<pre>
+
+
+
+
+
+End of the Project Gutenberg EBook of Trial of Duncan Terig, alias Clerk,
+and Alexander Bane Macdonald, by Sir Walter Scott
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+</body>
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@@ -0,0 +1,2209 @@
+The Project Gutenberg EBook of Trial of Duncan Terig, alias Clerk, and
+Alexander Bane Macdonald, by Sir Walter Scott
+
+This eBook is for the use of anyone anywhere at no cost and with
+almost no restrictions whatsoever.  You may copy it, give it away or
+re-use it under the terms of the Project Gutenberg License included
+with this eBook or online at www.gutenberg.org
+
+
+Title: Trial of Duncan Terig, alias Clerk, and Alexander Bane Macdonald
+       for the Murder of Arthur Davis, Sergeant in General Guise's
+       Regiment of Foot
+
+Author: Sir Walter Scott
+
+Release Date: July 26, 2008 [EBook #26133]
+
+Language: English
+
+Character set encoding: ASCII
+
+*** START OF THIS PROJECT GUTENBERG EBOOK TRIAL OF DUNCAN TERIG ***
+
+
+
+
+Produced by The Online Distributed Proofreading Team at
+https://www.pgdp.net (This file was produced from images
+generously made available by The Internet Archive/Canadian
+Libraries)
+
+
+
+
+
+
+TRIAL OF
+
+DUNCAN TERIG ALIAS CLERK,
+AND
+ALEXANDER BANE MACDONALD,
+
+FOR THE MURDER OF
+
+ARTHUR DAVIS,
+SERGEANT IN GENERAL GUISE'S REGIMENT OF FOOT.
+
+JUNE,
+A.D. M.DCC.LIV.
+
+
+
+EDINBURGH:
+PRINTED BY BALLANTYNE AND COMPANY.
+1831.
+
+
+
+
+TO
+
+THE MEMBERS OF THE BANNATYNE CLUB,
+
+THIS COPY OF A TRIAL,
+INVOLVING A CURIOUS POINT OF EVIDENCE,
+IS PRESENTED
+
+BY
+
+WALTER SCOTT.
+
+FEBRUARY, M.DCCC.XXXI.
+
+
+
+
+Transcriber's Note: Letters that are printed as superscript are
+indicated by being preceeded by a caret (^).
+
+
+
+THE BANNATYNE CLUB.
+
+M.DCCC.XXXI.
+
+
+SIR WALTER SCOTT, BAR^T.
+
+[PRESIDENT.]
+
+THE EARL OF ABERDEEN, K.T.
+RIGHT HON. WILLIAM ADAM,
+    LORD CHIEF COMMISSIONER OF THE JURY COURT.
+JAMES BALLANTYNE, ESQ.
+SIR WILLIAM MACLEOD BANNATYNE.                            5
+LORD BELHAVEN AND STENTON.
+GEORGE JOSEPH BELL, ESQ.
+ROBERT BELL, ESQ.
+WILLIAM BELL, ESQ.
+JOHN BORTHWICK, ESQ.                                     10
+WILLIAM BLAIR, ESQ.
+THE REV. PHILIP BLISS, D.C.L.
+GEORGE BRODIE, ESQ.
+CHARLES DASHWOOD BRUCE, ESQ.
+THE DUKE OF BUCCLEUCH AND QUEENSBERRY.                   15
+JOHN CALEY, ESQ.
+JAMES CAMPBELL, ESQ.
+HON. JOHN CLERK, LORD ELDIN.
+WILLIAM CLERK, ESQ.
+HENRY COCKBURN, ESQ.                                     20
+DAVID CONSTABLE, ESQ.
+ANDREW COVENTRY, ESQ.
+JAMES T. GIBSON CRAIG, ESQ.
+WILLIAM GIBSON CRAIG, ESQ.
+HON. GEORGE CRANSTOUN, LORD COREHOUSE.                   25
+THE EARL OF DALHOUSIE.
+JAMES DENNISTOUN, ESQ.
+ROBERT DUNDAS, ESQ.
+RIGHT HON. W. DUNDAS, LORD CLERK REGISTER.
+CHARLES FERGUSSON, ESQ.                                  30
+ROBERT FERGUSON, ESQ.
+LIEUT.-GENERAL SIR RONALD C. FERGUSON.
+THE COUNT DE FLAHAULT.
+HON. JOHN FULLERTON, LORD FULLERTON.
+LORD GLENORCHY.                                          35
+THE DUKE OF GORDON.
+WILLIAM GOTT, ESQ.
+SIR JAMES R. G. GRAHAM, BAR^T.
+ROBERT GRAHAM, ESQ.
+LORD GRAY.                                               40
+RIGHT HON. THOMAS GRENVILLE.
+THE EARL OF HADDINGTON.
+THE DUKE OF HAMILTON AND BRANDON.
+E. W. A. DRUMMOND HAY, ESQ.
+JAMES M. HOG, ESQ.                                       45
+JOHN HOPE, ESQ.
+COSMO INNES, ESQ.
+DAVID IRVING, LL.D.
+JAMES IVORY, ESQ.
+THE REV. JOHN JAMIESON, D.D.                             50
+ROBERT JAMESON, ESQ.
+SIR HENRY JARDINE.
+FRANCIS JEFFREY, ESQ. LORD ADVOCATE.
+JAMES KEAY, ESQ.
+THOMAS FRANCIS KENNEDY, ESQ.                             55
+JOHN G. KINNEAR, ESQ. [TREASURER.]
+THE EARL OF KINNOULL.
+DAVID LAING, ESQ. [SECRETARY.]
+THE EARL OF LAUDERDALE, K.T.
+THE REV. JOHN LEE, D.D.                                  60
+THE MARQUIS OF LOTHIAN.
+HON. J. H. MACKENZIE, LORD MACKENZIE.
+JAMES MACKENZIE, ESQ.
+JAMES MAIDMENT, ESQ.
+THOMAS MAITLAND, ESQ.                                    65
+THE HON. WILLIAM MAULE.
+GILBERT LAING MEASON, ESQ.
+VISCOUNT MELVILLE, K.T.
+WILLIAM HENRY MILLER, ESQ.
+THE EARL OF MINTO.                                       70
+HON. SIR J. W. MONCREIFF, LORD MONCREIFF.
+JOHN ARCHIBALD MURRAY, ESQ.
+WILLIAM MURRAY, ESQ.
+JAMES NAIRNE, ESQ.
+MACVEY NAPIER, ESQ.                                      75
+FRANCIS PALGRAVE, ESQ.
+HENRY PETRIE, ESQ.
+ROBERT PITCAIRN, ESQ.
+ALEXANDER PRINGLE, ESQ.
+JOHN RICHARDSON, ESQ.                                    80
+THE EARL OF ROSSLYN.
+ANDREW RUTHERFURD, ESQ.
+THE EARL OF SELKIRK.
+RIGHT HON. SIR SAMUEL SHEPHERD.
+ANDREW SKENE, ESQ.                                       85
+JAMES SKENE, ESQ.
+GEORGE SMYTHE, ESQ.
+EARL SPENCER, K.G.
+JOHN SPOTTISWOODE, ESQ.
+THE MARQUIS OF STAFFORD, K.G.                            90
+MAJOR-GENERAL STRATON.
+SIR JOHN ARCHIBALD STEWART, BAR^T.
+THE HON. CHARLES FRANCIS STUART.
+ALEXANDER THOMSON, ESQ.
+THOMAS THOMSON, ESQ. [VICE-PRESIDENT.]                   95
+W. C. TREVELYAN, ESQ.
+PATRICK FRASER TYTLER, ESQ.
+ADAM URQUHART, ESQ.
+RIGHT HON. SIR GEORGE WARRENDER BAR^T.
+THE VENERABLE ARCHDEACON WRANGHAM.                      100
+
+
+
+
+TO THE
+
+RIGHT HONOURABLE
+
+SIR SAMUEL SHEPHERD,
+
+THIS CURIOUS TRACT,
+RESPECTING PERHAPS THE ONLY SUBJECT OF LEGAL ENQUIRY
+WHICH HAS ESCAPED BEING INVESTIGATED BY HIS SKILL,
+AND ILLUSTRATED BY HIS GENIUS,
+
+IS RESPECTFULLY INSCRIBED,
+BY HIS AFFECTIONATE FRIEND, AND MUCH
+OBLIGED HUMBLE SERVANT,
+
+WALTER SCOTT.
+
+15TH FEB., 1831.
+
+
+
+
+INTRODUCTION.
+
+
+Although the giving information concerning the unfair manner in which
+they were dismissed from life, is popularly alleged to have been a
+frequent reason why departed spirits revisit the nether world, it is
+yet only in a play of the witty comedian, Foote, that the reader will
+find their appearance become the subject of formal and very ingenious
+pleadings. In his farce called the Orators, the celebrated Cocklane
+Ghost is indicted by the name of Fanny the Phantom, for that, contrary
+to the King's peace, it did annoy, assault, and terrify divers persons
+residing in Cocklane and elsewhere, in the county of Middlesex. The
+senior counsel objects to his client pleading to the indictment, unless
+she is tried by her equals in rank, and therefore he moves the
+indictment be quashed, unless a jury of ghosts be first had and
+obtained. To this it is replied, that although Fanny the Phantom had
+originally a right to a jury of ghosts, yet in taking upon her to
+knock, to flutter, and to scratch, she did, by condescending to
+operations proper to humanity, wave her privileges as a ghost, and must
+consent to be tried in the ordinary manner. It occurs to the Justice
+who tries the case, that there will be difficulty in impanelling a jury
+of ghosts, and he doubts how twelve spirits who have no body at all,
+can be said to take a corporal oath, as required by law, unless,
+indeed, as in the case of the Peerage, the prisoner may be tried upon
+her honour. At length the counsel for the prosecution furnishes the
+list of ghosts for the selection of the jury, being the most celebrated
+apparitions of modern times, namely, Sir George Villiers, the evil
+genius of Brutus, the Ghost of Banquo, and the phantom of Mrs Veal. The
+counsel for the prosecution objects to a woman, and the court
+dissolves, under the facetious order, that if the Phantom should plead
+pregnancy, Mrs Veal will be admitted upon the jury of matrons.
+
+This admirable foolery is carried by the English Aristophanes nearly as
+far as it will go; yet it is very contrary to the belief of those, who
+conceive that injured spirits are often the means of procuring redress
+for wrongs committed upon their mortal frames, to find how seldom in
+any country an allusion hath been made to such evidence in a court of
+justice, although, according to their belief, such instances must have
+frequently occurred. One or two cases of such apparition-evidence our
+researches have detected.
+
+It is a popular story, that an evidence for the Crown began to tell the
+substance of an alleged conversation with the ghost of a murdered man,
+in which he laid his death to the accused person at the bar. "Stop,"
+said the judge, with becoming gravity, "this will not do; the evidence
+of the ghost is excellent, none can speak with a clearer cause of
+knowledge to any thing which befell him during life. But he must be
+sworn in usual form. Call the ghost in open court, and if he appears,
+the jury and I will give all weight to his evidence; but in case he
+does not come forward, he cannot be heard, as now proposed, through the
+medium of a third party." It will readily be conceived that the ghost
+failed to appear, and the accusation was dismissed.
+
+In the French _Causes Celebres et Interessantes_, is one entitled, _Le
+Spectre, ou l'Illusion Reprouve_, reported by Guyot de Pittaval [vol.
+xii. edition La Haye, 1749], in which a countryman prosecutes a
+tradesman named Auguier for about twenty thousand francs, said to have
+been lent to the tradesman. It was pretended, that the loan was to
+account of the proceeds of a treasure which Mirabel, the peasant, had
+discovered by means of a ghost or spirit, and had transferred to the
+said Auguier, that he might convert it into cash for him. The case had
+some resemblance to that of Fanny the Phantom. The defendant urged the
+impossibility of the original discovery of the treasure by the spirit
+to the prosecutor; but the defence was repelled by the influence of the
+principal judge, and on a charge so ridiculous, Auguier narrowly
+escaped the torture. At length, though with hesitation, the prosecutor
+was nonsuited, upon the ground, that if his own story was true, the
+treasure, by the ancient laws of France, belonged to the Crown. So that
+the ghost-seer, though he had nearly occasioned the defendant to be put
+to the question, profited in the end nothing by his motion.
+
+This is something like a decision of the great Frederick of Prussia.
+One of his soldiers, a Catholic, pretended peculiar sanctity, and an
+especial devotion to a particular image of the Virgin Mary, which,
+richly decorated with ornaments by the zeal of her worshippers, was
+placed in a chapel in one of the churches of the city where her votary
+was quartered. The soldier acquired such familiarity with the object of
+his devotion, and was so much confided in by the priests, that he
+watched for and found an opportunity of possessing himself of a
+valuable diamond necklace belonging to the Madonna. Although the
+defendant was taken in the manner, he had the impudence, knowing the
+case was to be heard by the King, to say that the Madonna herself had
+voluntarily presented him with her necklace, observing that, as her
+good and faithful votary, he had better apply it to his necessities,
+than that it should remain useless in her custody.
+
+The King, happy of the opportunity of tormenting the priests, demanded
+of them, whether there was a possibility that the soldier's defence
+might be true. Their faith obliged them to grant that the story was
+possible, while they exhausted themselves on the improbabilities which
+attended it. "Nevertheless," said the King, "since it is possible, we
+must, in absence of proof, receive it as true, in the first instance.
+All I can do to check an imprudent generosity of the saints in future,
+is to publish an edict, or public order, that all soldiers in my
+service, who shall accept any gift from the Virgin, or any saint
+whatever, shall, _eo ipso_, incur the penalty of death."
+
+Amongst English trials, there is only mention of a ghost in a very
+incidental manner, in that of John Cole, fourth year of William and
+Mary, State Trials, vol. xii. The case is a species of supplement to
+that of the well-known trial of Henry Harrison, which precedes it in
+the same collection, of which the following is the summary.
+
+A respectable doctor of medicine, Clenche, had the misfortune to offend
+a haughty, violent, and imperious woman of indifferent character, named
+Vanwinckle, to whom he had lent money, and who he wished to repay it. A
+hackney-coach, with two men in it, took up the physician by night, as
+they pretended, to carry him to visit a patient. But on the road they
+strangled him with a handkerchief, having a coal, or some such hard
+substance, placed against their victim's windpipe, and escaped from the
+coach. One Henry Harrison, a man of loose life, connected with this Mrs
+Vanwinckle, the borrower of the money, was tried, convicted, and
+executed, on pretty clear evidence, yet he died denying the crime
+charged. The case being of a shocking nature, of course interested the
+feelings of the common people, and another person was accused as an
+accessory, the principal evidence against whom was founded on this
+story.
+
+A woman, called Millward, pretended that she had seen the ghost of her
+deceased husband, who told her that one John Cole had assisted him, the
+ghost, in the murder of Dr Clenche. Cole was brought to trial
+accordingly; but the charge was totally despised, both by judge and
+jury, and produced no effect whatever in obtaining conviction.
+
+Such being the general case with respect to apparitions, really alluded
+to or quoted in formal evidence in courts of justice, an evidence of
+that kind gravely given and received in the High Court of Justiciary in
+Scotland, has some title to be considered as a curiosity.
+
+The Editor's connexion with it is of an old standing, since, shortly
+after he was called to the bar in 1792, it was pointed out to him by
+Robert M'Intosh, Esq., one of the counsel in the case, then and long
+after remarkable for the interest which he took, and the management
+which he possessed, in the prolix and complicated affairs of the York
+Building Company.
+
+The cause of the trial, bloody and sad enough in its own nature, was
+one of the acts of violence which were the natural consequences of the
+Civil War in 1745.
+
+It was about three years after the battle of Culloden that this poor
+man, Sergeant Davis, was quartered, with a small military party, in an
+uncommonly wild part of the Highlands, near the country of the
+Farquharsons, as it is called, and adjacent to that which is now the
+property of the Earl of Fife. A more waste tract of mountain and bog,
+rocks and ravines, extending from Dubrach to Glenshee, without
+habitations of any kind until you reach Glenclunie, is scarce to be met
+with in Scotland. A more fit locality, therefore, for a deed of murder,
+could hardly be pointed out, nor one which could tend more to agitate
+superstitious feelings. The hill of Christie, on which the murder was
+actually committed, is a local name, which is probably known in the
+country, though the Editor has been unable to discover it more
+specially, but it certainly forms part of the ridge to which the
+general description applies. Davis was attached to the country where he
+had his residence, by the great plenty of sport which it afforded, and,
+when dispatched upon duty across these mountains, he usually went at
+some distance from his men, and followed his game without regarding the
+hints thrown out about danger from the country people. To this he was
+exposed, not only from his being intrusted with the odious office of
+depriving the people of their arms and national dress, but still more
+from his usually carrying about with him a stock of money and
+valuables, considerable for the time and period, and enough of itself
+to be a temptation to his murder.
+
+On the 28th day of September, the Sergeant set forth, along with a
+party, which was to communicate with a separate party of English
+soldiers at Glenshee; but when Davis's men came to the place of
+rendezvous, their commander was not with them, and the privates could
+only say that they had heard the report of his gun after he had parted
+from them on his solitary sport. In short, Sergeant Arthur Davis was
+seen no more in this life, and his remains were long sought for in
+vain. At length a native of the country, named M'Pherson, made it known
+to more than one person that the spirit of the unfortunate huntsman had
+appeared to him, and told him he had been murdered by two Highlanders,
+natives of the country, named Duncan Terig alias Clerk, and Alexander
+Bane Macdonald. Proofs accumulated, and a person was even found to bear
+witness, that lying in concealment upon the hill of Christie, the spot
+where poor Davis was killed, he and another man, now dead, saw the
+crime committed with their own eyes. A girl whom Clerk afterwards
+married, was, nearly at the same time, seen in possession of two
+valuable rings which the Sergeant used to have about his person.
+Lastly, the counsel and agent of the prisoners were convinced of their
+guilt. Yet, notwithstanding all these suspicious circumstances, the
+panels were ultimately acquitted by the jury.
+
+This was chiefly owing to the ridicule thrown upon the story by the
+incident of the ghost, which was enhanced seemingly, if not in reality,
+by the ghost-seer stating the spirit to have spoken as good Gaelic as
+he had ever heard in Lochaber.--"Pretty well," answered Mr M'Intosh,
+"for the ghost of an English sergeant!" This was indeed no sound jest,
+for there was nothing more ridiculous, in a ghost speaking a language
+which he did not understand when in the body, than there was in his
+appearing at all. But still the counsel had a right to seize upon
+whatever could benefit his clients, and there is no doubt that this
+observation rendered the evidence of the spectre yet more ridiculous.
+In short, it is probable that the ghost of Sergeant Davis, had he
+actually been to devise how to prevent these two men from being
+executed for his own murder, could hardly have contrived a better mode
+than by the apparition in the manner which was sworn to.
+
+The most rational supposition seems to be, that the crime had come to
+M'Pherson, the ghost-seer's knowledge, by ordinary means, of which
+there is some evidence, but desiring to have a reason for communicating
+it, which could not be objected to by the people of the country, he had
+invented this machinery of the ghost, whose commands, according to
+Highland belief, were not to be disobeyed. If such were his motives,
+his legend, though it seemed to set his own tongue at liberty upon the
+subject, yet it impressed on his evidence the fate of Cassandra's
+prophecies, that, however true, it should not have the fortune to be
+believed.
+
+ABBOTSFORD, 18th March, 1830.
+
+
+
+
+TRIAL OF
+
+DUNCAN TERIG ALIAS CLERK, AND ALEXANDER BAIN MACDONALD,
+
+FOR THE MURDER OF
+
+ARTHUR DAVIES, SERJEANT
+
+IN GENERAL GUISE'S REGIMENT OF FOOT.
+
+JUNE, A.D. MDCC.LIV.
+
+
+
+
+TRIAL OF
+
+DUNCAN TERIG ALIAS CLERK,
+
+AND ALEXANDER BAIN MACDONALD.
+
+
+    _CURIA JUSTICIARIA S. D. N. Regis tenta in Nova Sessionis Domo
+    Burgi de Edinburgh, Decimo die Mensis Junij 1754, per honorabiles
+    viros Carolum Areskine de Alva, Justiciarij Clericum, Magistros
+    Alexandrum Fraser de Strichen, Patricium Grant de Elchies, et
+    Hugonem Dalrymple de Drummore, et Dominum Jacobum Ferguson de
+    Killkerran, Commissionarios Justiciarij dicti S. D. N. Regis._
+
+                       _Curia legittime affirmata_,
+
+                                 INTRAN.
+
+    DUNCAN TERIG _alias_ CLERK, and ALEXANDER BAIN MACDONALD, both now
+    prisoners in the Tolbooth of Edinburgh, Pannels,
+
+Indicted and accused at the instance of William Grant of Prestongrange,
+Esq., His Majesties Advocate, for His Majesties interest, for the crime
+of murder committed by them in manner at length mentioned in the
+indictment raised against them thereanent, which indictment maketh
+mention, THAT WHEREAS, by the laws of God, and of this and all other
+well governed realms, Murder or Homicide is a most atrocious crime, and
+severely punishable, especially committed with an intent to rob the
+person murdered, and that by persons of bad fame and character, who are
+habite and repute thieves, YET TRUE IT IS, and of verity, that they,
+and each of them, or one or other of them, are guilty, actors, or art
+and part, of the foresaid crime, aggravated as aforesaid, in so far as
+the deceast Arthur Davies, serjeant in the regiment of foot commanded
+by General Guise, being in the year one thousand seven hundred and
+forty-nine, quartered or lodged alongst with a party of men or soldiers
+belonging to the said regiment in Dubrach, or Glendee, in Braemar, in
+the parish of ---- and sheriffdom of Aberdeen, he, the said Arthur
+Davies, did, upon the twenty-eighth day September, one thousand seven
+hundred and forty-nine, or upon one or other of the days of that month,
+or of the month of August immediately preceding, or October immediately
+following, go from thence to a hill in Braemar, commonly called
+Christie, at the head of Glenconie, in the parish of ---- and
+sheriffdom aforesaid. As also that same day, both of them, the said
+Duncan Terig alias Clerk, and Alexander Bain Macdonald, went from the
+house of John Grant, in Altalaat, armed with guns and muskets,
+pretending when they went from thence that they were going to shoot or
+hunt deer upon the said hill, to which place both of them having
+accordingly gone, and there meeting with the said Arthur Davies, each,
+or one or other of them, did, on the said twenty-eighth of September,
+1749, or upon one or other of the days of that month, or of the months
+aforesaid, cruelly and barbarously fire a loaded gun or guns at him,
+which were in their hands, whereby he was mortally wounded, and of
+which wounds he died on the said hill, immediately or soon thereafter,
+where his dead body remained concealed for sometime, and was afterwards
+found, together with a hat, having a silver button on it, with the
+letters A. R. D. marked on it. LIKEAS, soon after the said Arthur
+Davies was murdered, each of the said two panels, being persons of bad
+fame and character, and who were habite and repute thieves, were, by
+the general voice of the country, reputed to have perpetrated the said
+murder, and to have robbed and taken from him a silver watch, two gold
+rings and a purse of gold, which it was known or believed in the
+country he generally wore or carried about him, which said opinion or
+belief of the neighbourhood, that both of them had been guilty of the
+said murder and robbery, has been since that time rendered the more
+credible, particularly with respect to him, the said Duncan Clerk, in
+so far as, although he was not possesst of any visible funds or effects
+which could enable him to stock a farm before the period of the said
+murder, yet soon thereafter he took and obtained a lease from Lord
+Bracco, of a farm called the Craggan, for which he was bound to pay
+thirty pounds Scots of yearly rent; as also thereafter he obtained a
+lease of the farm of Gleney, from ---- Farquharson of Inverey, for
+which at present he was bound to pay a yearly rent, or tack duty, of
+one hundred and five merks Scots, as appears from the judicial
+declaration of him, the said Duncan Clerk, to be hereafter more
+particularly taken notice of; and both of the said panels having been
+apprehended in the year one thousand seven hundred and fifty-three, for
+being guilty of the foresaid murder, and upon the twenty-third day of
+January last, one thousand seven hundred and fifty-four years, brought
+into the presence of the Right Honourable Alexander Fraser of Strichen
+and Hugh Dalrymple of Drummore, two of the Lords Commissioners of
+Justiciary each of them gave different and contradictory accounts of
+themselves, in so far as the said Duncan Clerk did then acknowledge, in
+presence of the said Judges, that he was on the hill of Gleneye,
+alongst with the said Alexander Bain Macdonald, both armed as above set
+forth, on the day the said Arthur Davies was amissing; that the said
+Alexander Macdonald fired a shot at some deer, but that about ten
+o'clock the said Duncan Clerk parted with him on the hill, and came
+back to his father's house, to which likewise the said Alexander
+Macdonald came the same evening, where he lodged or stayed all night;
+as also a paper containing a list of debts, beginning with the words,
+"I, Duncan Clerk, in Gleneye, was put in Perth Jail," and ending,
+"Angus Macdonald, 12 sh.," now marked on the back with the name and
+sirname of the said Lord Drummore, being exhibited to him the said
+Duncan Clerk, he acknowledged the same to be his handwriting, and that
+it contains a list of debts due to him when he was imprisoned, as is at
+more length to be seen in his said confession or declaration, signed by
+him and the said Lord Drummore. LIKEAS he the said Alexander Bain
+Macdonald did, upon the twenty-third day of January last, one thousand
+seven hundred and fifty-four years, in presence of the said Judges,
+acknowledge and declare, that one year, while he was Lord Bracco's
+forrester, he went with the said Duncan Clerk to the Hill of Gleneye,
+to search for deer, where he fired at them, but that about nine or ten
+o'clock in the forenoon, Duncan Clerk went home to his father's house,
+and thereafter the said Alexander Macdonald returned to his own house
+in Allanquoich, where he staid all that night, not seeing the said
+Duncan Clerk more that day, as is at more length to be seen in his said
+confession or declaration, signed by the said Lord Drummore, he having
+declared he could not write; both which confessions or declarations,
+with the list of debts above specified, said to be due to him, the said
+Duncan Clerk, as also, the hat mentioned to be found in summer one
+thousand seven hundred and fifty in the hill of Gleneye, are all now
+lodged in the hands of the Clerk to the Court of Justiciary, before
+which they are to be tried, that they may see the same: AT LEAST time
+and place aforesaid, the said Arthur Davies was murdered or bereaved of
+his life, and they, and each of them, or one or other of them, are
+guilty, actor or art and part of the said murder, aggravated as above
+set furth; all which, or part thereof, being found proven by the
+verdict of an Assize, before the Lords Justice General, Justice Clerk,
+and Commissioners of Justiciary, he, the said Duncan Terig alias Clerk,
+and Alexander Bain Macdonald, ought to be punished with the pains of
+law, to the terror of others to commit the like in time coming.
+
+          (Signed)           ALEX. HOME, A.D.
+
+
+
+
+PURSUERS.
+
+    WILLIAM GRANT, of Prestongrange, Esq., His Majesties Advocate.
+
+    Mr PATRICK HALDANE, and
+    Mr ALEXANDER HOME,
+    both His Majesties Solicitors.
+
+    Mr ROBERT DUNDAS, Advocate.
+
+
+PROCURATORS in defence.
+
+    Mr ALEXANDER LOCKHART,
+    Mr ROBERT M'INTOSH,
+    Advocates.
+
+
+The Libel being openly read in Court, and the panels interrogate
+thereupon, they both denied the same, and referred their defences to
+their Lawiers.
+
+LOCKHART, &c., for the panel, denying the libel, or any guilt or
+accession of the panels to the murder charged, pled that the panels
+were persons of good fame and reputation, and that as no cause of
+malice in them against Serjeant Davies was alleged, so the circumstances
+founded on in the indictment, though they were true, were not in any
+sort sufficient to infer a proof of the panels' guilt. And further, the
+panels would be able to prove a true and warrantable cause for going to
+the hill libelled on in arms, and that they went openly and avowedly;
+and that in the circumstances they were in, it was impossible they
+could have any wicked design against, or expect to have an opportunity
+of executing such a design against Serjeant Davies: That they were not
+so much as suspected of murdering him at the time of his being
+amissing, or for several months thereafter, when many different
+accounts were given, and suspicions raised and entertained concerning
+that matter. THEY also objected and alleged for the panels, that as
+murder was the only crime charged against them in this indictment, no
+vague or general allegation of robbery, or other crime or accusation
+against their characters, could be allowed to go to the knowledge of an
+assize, though they were noways apprehensive of the consequences of it,
+other than from the false and malicious reports, raised and propagated
+against them, since their commitment for the foresaid crime; and the
+panels had great reason to complain of the undue delays in bringing
+them to trial for this offence: In so far as, after they were committed
+for the same in September last, and had taken out letters of
+intimation, and upon expiry of the days, had also obtained letters of
+liberation, they were again committed upon a new warrant for alleged
+theft, upon which new commitment they raised new letters of intimation,
+and when the sixty days were just expiring, they were served with an
+indictment for the theft, which was fixed to within a few days of the
+expiry of the forty days allowed by law, and then allowed to drop; and
+after all, there was again a new warrant of commitment obtained against
+them for wearing the Highland dress; and last of all they were served
+with this indictment; all which steps plainly show the oppression they
+have met with, which the panels do by no means lay to the charge of the
+prosecutor, but are willing to allow the same to be owing to the
+malicious information of some private informer, which they hope to be
+able to make appear if they were allowed an exculpatory proof, and that
+very undue means had been used both before and since the citation of
+the witnesses to influence them to give evidence against the panels in
+this matter; and the panels, amongst many other things for their
+exculpation, would be able to prove, that after they returned from the
+hill upon the day upon which the Serjeant is said to have been
+murdered, he, the Serjeant, was seen with his party in that hill. So
+that it is impossible the panels could be the perpetrators of the
+murder.
+
+LORD ADVOCATE, &c., answered, that as the defence resolved altogether
+into a denial of the libel, it was sufficient for him to say, that
+according to the information he had received, such facts and
+circumstances would come out upon proof as would be sufficient to
+convince the Jury of the panels' guilt: That it was not meant that the
+circumstances libelled were sufficient without others to connect with
+them, the only intention of libelling upon these circumstances being to
+show the panels what written evidence was to be adduced against them:
+That he does not oppose the panels being allowed a proof of every fact
+and circumstance that may tend to their exculpation: That as to the
+delay complained of, the prosecutor can for himself say, that it is
+owing to no intention of his to oppress the panels; he had early
+information of the murder charged upon, and was very willing and
+desirous it might come to light. The panels were at last accused and
+committed for it, by the general voice of the country; and though at
+first the proof against them did not appear so pregnant, yet it was
+hoped, and was the general expectation of all in that part, that the
+murder would be brought to light. This was the reason of continuing the
+panels in confinement. And now that the prosecutor was ready to go on
+to trial, he hoped their Lordships would find the indictment relevant,
+and remit the panels to the knowledge of an assize, allowing them at
+the same time a proof of every circumstance that may appear necessary
+for their exculpation.
+
+THE LORDS Justice Clerk and Commissioners of Justiciary, having
+considered the indictment pursued at the instance of William Grant of
+Prestongrange, Esq., His Majesties Advocate for his Majesties interest,
+against Duncan Terig _alias_ Clerk, and Alexander Bain Macdonald, both
+now prisoners in the Tolbooth of Edinburgh, panels, with the foresaid
+debate thereupon: They find the said indictment relevant to infer the
+pains of law; but allow the panels to prove all facts and circumstances
+that may tend to elide the indictment, or exculpate them, or either of
+them, from the guilt of the crime therein libelled: And remit the
+panels, with the indictment as found relevant, to the knowledge of an
+assize.
+
+          (Signed)           CH. ARESKINE, I.P.D.
+
+The Lords continue the diet at the instance of his Majesties Advocate,
+against the said two panels, till to-morrow at seven o'clock in the
+morning, and witnesses and assizers then to attend, each under the pain
+of law, and the panels to be carried back to prison.
+
+
+    _CURIA JUSTICIARIA S. D. N. Regis tenta in Nova Sessionis Domo
+    Burgi de Edinburgh undecimo die mensis Junij 1754, per honorabiles
+    viros Carolum Areskine de Alva, Justiciarium Clericum, Dominum
+    Gilbertum Elliot de Minto, Magistros Alexandrum Fraser de Strichen,
+    Patricium Grant de Elchies, et Hugonem Dalrymple de Drummore, et
+    Dominum Jacobum Ferguson de Killkerran, Commissionarios
+    Justiciarios dict. S. D. N. Regis._
+
+                       _Curia legittime affirmata_,
+
+                                 INTRAN.
+
+    DUNCAN TERIG _alias_ CLERK, and ALEXANDER BAIN MACDONALD, both
+    prisoners in the Tolbooth of Edinburgh, panels indicted and accused
+    as in the former Sederunt.
+
+The Lords proceeded to make choice of the following persons to pass
+upon the assize of the said Duncan Terig alias Clerk, and Alexander
+Bain Macdonald; to wit,--
+
+    Archibald Wallace, merchant in Edinburgh.
+    William Tod, senior, merchant there.
+    Andrew Bonnar, merchant there.
+    Robert Forrester, merchant there.
+    Walter Hogg, merchant there.
+    Alexander Crawford, baker in Edinburgh.
+    John Heriot, candlemaker there.
+    John Sword, merchant there.
+    William Ormiston, bookbinder there.
+    William Braidwood, candlemaker.
+    William Sands, bookseller in Edinburgh.
+    John Dalgleish, watchmaker there.
+    George Gray, merchant there.
+    John Welsh, goldsmith there.
+    James Gilliland, goldsmith there.
+
+The above assize all lawfully sworn, and no objection to the contrary--
+
+The panels and their procurators admitted the two judicial declarations
+libelled on, were emitted by them, before the two Judges therein named;
+and the said panels both now judicially adhere to the same, with this
+variation for Alexander Bain Macdonald, that it was a mistake in his
+said declaration, where it is said, that he went home to the house in
+Allanquoich, where he staid that night, and did not see Duncan Clerk
+any more that day after they parted on the hill, the true fact being,
+that he did not go home to the house in Allanquoich where he resided,
+till the night thereafter, and in the evening of that night went to the
+house of Duncan Clerk's father, where he found Duncan Clerk, and staid
+all night, and that the reason of his former mistake was, that he by
+himself went again to the hills upon the twenty-ninth in quest of the
+deer which he had wounded the preceding day, and returned to his own
+house the evening of the said twenty-ninth; and this admission is
+signed by the said Duncan Clerk, and by Mr Alexander Lockhart,
+procurator for the other panel, who declares he cannot write.
+
+          (Signed)           DUNCAN CLERK.
+                             ALEX. LOCKHART.
+
+Thereafter, His Majesty's Advocate for proof adduced the following
+witnesses; viz.--
+
+
+JEAN GHENT, relict of Arthur Davies, serjeant in the regiment commanded
+by Lieutenant-General Guise, aged about thirty-three years, who being
+solemnly sworn, purged of malice and partial council, and interrogate:
+Depones, That she was married for the space of ten months to Serjeant
+Davies the day he was missing, and that in summer seventeen hundred and
+forty-nine, her husband, with eight private men under his command,
+marched from Aberdeen to Dubrach in Braemar, in the shire of Aberdeen,
+which was assigned to him as his station; and that there was another
+party of the same regiment whose head-quarters was at Aberdeen,
+stationed at the Spittle of Glenlee, within eight miles of Dubrach,
+under the command of a corporal: That the two parties did meet twice
+a-week in patrol, about half way between the foresaid two places: That
+her husband was a keen sportsman, and used to go out a-shooting or
+fishing generally every day; and when he went along with the party on
+patrol, sent the men home and followed his sport; and on other
+occasions went out a-shooting by himself alone: That her husband was a
+sober man, a good manager, and had saved money to the value of about
+fifteen guineas and a half, which he had in gold, and kept in a green
+silk purse, which he inclosed within a leather purse along with any
+silver he had: That besides this gold, he generally wore a silver watch
+in his pocket, and two gold rings upon one of his fingers, one of which
+was of pale yellow gold, and had a little lump of gold raised upon it
+in the form of a seal, with a gold stamp on the inside of the ring, and
+a weaved line like a worm round the upper side of the plate: That the
+other was a plain gold ring, which the deponent had got from David
+Holland, her first husband, with the letters D. H. on the inside, and
+had this posie on it, "When this you see remember me:" That the said
+David Holland was paymaster-serjeant in General Guise's regiment: And
+further depones, That the said Serjeant Davies commonly wore a pair of
+large silver buckles in his shoes, marked also with the same letters D.
+H. in the inside, which likewise had belonged to her said former
+husband, as also wore silver knee-buckles, and had two dozen silver
+buttons upon a double-breasted vest, made of stript lutstring: That he
+frequently had about him a folding penknife, that had a brown
+tortoise-shell handle, and a plate upon the end of it, on which was cut
+a naked boy, or some such device, with which he often sealed his
+letters: That one day when he was dressing some hooks while the
+deponent was by, she observed that he was cutting his hat with his
+penknife, and she went towards him, and asked him what he meant by
+cutting his hat? To which he answered, that he was cutting his name
+upon it: To which the deponent replied, she could not see what he could
+mean by putting his name upon a thing of no value, and pulled it out of
+his hand in a jocular way, but he followed her, and took the hat from
+her, and she observed that the A. was then cut out in the hat; and
+after he got it, she saw him cut out the letter D., which he did in a
+hurry, and which the deponent believed was occasioned by the toying
+that was between them concerning this matter, for when she observed it,
+she said to him you have made a pretty sort of work of it, by having
+misplaced the letters: To which he answered, that it was her fault,
+having caused him do it in a hurry. And the hat now upon the table, and
+which is lying in the clerk's hands, and referred to in the indictment,
+being shown to her, Depones, That to the best of her judgment and
+belief, that is the hat above mentioned: Depones, That she never has
+seen neither the said Serjeant, the gold purse, or silver purse, above
+mentioned, nor the buckles for his shoes and knees, watch, or penknife,
+since he marched from his quarters with the party at the time at which
+he is supposed to have been murdered: Depones, That on Thursday, being
+the day immediately preceding Michaelmas, being the twenty-eighth of
+September, one thousand seven hundred and forty-nine, her husband went
+out very early in the morning from Dubrach, and that four men of the
+party under his command soon after followed him, in order to meet the
+patrol from Glenshye, and in the afternoon before four o'clock, the
+four men returned to Dubrach, and acquainted the deponent that they had
+seen and heard him fire a shot, as they believed, at Tarmatans, but
+that he did not join company with them: That at the place appointed
+they met with a corporal and a party from Glenshee, and then retired
+home: Depones, That her husband never returned; that she has never met
+with any body that saw him after the party returned from the foresaid
+place, excepting the corporal that that day commanded the party from
+Glenshee, who told her that, after the forementioned party from Dubrach
+had gone away from the foresaid appointed place, Serjeant Davies came
+up to him all alone, upon which the corporal told him, he thought it
+was very unreasonable in him to venture upon the hill by himself, as
+for his part he was not without fear even when he had his party of four
+men along with him; to which Serjeant Davies answered, that when he had
+his arms and ammunition about him, he did not fear any body he could
+meet: Depones, That her husband, Serjeant Davies, made no secret of his
+having the gold above mentioned, but upon the many different occasions
+he had to pay and receive money, he used to take out his purse and show
+the gold; and that even when he was playing with children, he would
+frequently take out his purse and rattle it for their diversion, from
+which it was generally known by all the neighbourhood that the serjeant
+was worth money, and carried it about him: Depones, That from the
+second day after the serjeant and party went from Dubrach as aforesaid,
+when the deponent found he did not return, she did believe, and does
+believe at this day, that he was murdered; for that he and she lived
+together in as great amity and love as any couple could do that ever
+were married, and that he never was in use to stay away a night from
+her, and that it was not possible he could be under any temptation to
+desert, as he was much esteemed and beloved by all his officers, and
+had good reason to believe he would have been promoted to the rank of
+serjeant-major upon the first vacancy: Depones, That when her husband
+went away from Dubrach on the morning of the twenty-eighth of September
+aforesaid, he was dressed in a blue surtout coat, with a stripped silk
+vest, and teiken breeches and brown stockings: That he had in his purse
+fifteen guineas and a half in gold, a crown piece and three shillings
+in silver, his silver watch in his pocket, with a silver seal at it,
+his silver buckles in his shoes, and his silver buttons on his
+waistcoat, and the above mentioned rings on his fingers; and being
+asked how she came to know all these things were on him or about him
+when he went away as aforesaid? Depones, That she was privy and knew
+every thing that related to his money; and the night before the said
+twenty-eighth of September, the serjeant from Braemar had come to
+Dubrach, and in the deponent's presence had given some money which was
+gold to Serjeant Davies, who gave him silver that he had by him for it,
+to pay the party; and upon occasion of this, she saw the quantity of
+gold above mentioned, which was in her husband's possession, and that
+she saw the vest with the buttons and rings on his fingers, and also
+the watch, before he went away, he having in her presence put on the
+teiken drawers above mentioned, desired from her somewhat to keep the
+watch dry, upon which she gave him a piece of cloth, the said drawers
+being a little damp, in which he wrapt it, and put it into his pocket:
+Depones, That he had dark mouse-coloured hair, tied up with a black
+silk ribband behind, and wore a hat with a silver lace and silver
+button, marked with the letters D. A. on the outside of the crown of
+the hat: And the deponent verily believes, that the hat now shown to
+her, and above referred to, is the hat he took out with him: Depones,
+That he wore that day a pair of brogues which he had bespoke to be made
+so as they could fit buckles, and not to be tied with latches, conform
+to the common use of that country: That these brogues the deponent saw
+when they were first brought home from Glenshee: Depones, That a gun
+now exhibited and shown to the deponent, is the gun which her husband,
+Serjeant Davies, received in a present from Lieutenant Brydon, of the
+same regiment with him, and the gun which he always used when he went
+a-shooting, and which he carried out with him in the morning of the
+twenty-eighth of September, one thousand seven hundred and forty-nine
+aforesaid: That the stock of the gun is altered about the butt, and a
+plate that was on the butt-end is taken away, and the wood pared, but
+that she knows the barrel by a cross rent that is in it a little above
+the middle, and which her husband told her had been occasioned by his
+firing a shot when the gun was overloaded and the ball had stuck at
+that part of the barrel when he was loading her: Depones, That from the
+time her husband was quartered at Dubrach in the month of June to the
+foresaid twenty-eighth of September one thousand seven hundred and
+forty-nine, he was never absent a night from his command at Dubrach
+except one, that he went to the doctor of the regiment to take his
+advice about a strain, and he returned next morning: Depones, That upon
+the Monday after the Serjeant was believed to be murdered, the country
+was raised to make search for the body, but it was not found; and that
+she spoke to one of the prisoners, Clerk, whom she took to be a
+particular friend, to try if he could find the body, but it was not
+found: That afterwards the deponent went to the garrison in Braemar,
+and from that to the regiment: And being interrogate for the panels,
+whether her husband had received any information before the party
+marched out upon the day above mentioned that there were people in arms
+in that country where he was stationed? Depones, That her husband was
+stationed there, as she believes, because it was said that severals of
+the Highlanders had not delivered up their arms since the Rebellion,
+and wore the highland garb; but that she knows nothing of any
+particular information he had about that time, except that about the
+beginning of harvest, on a Sunday afternoon, a woman, who said she had
+been in the hill, came in where the Serjeant and the deponent were
+sitting at dinner, and said, that she had seen two men in highland
+clothes, and armed, lying at the mouth of a cave, who seemed to be
+herding two cows which she saw, and upon her coming near them,
+consulted among themselves whether they should not bind her lest she
+should return and advertise Serjeant Davies and his party; but however,
+she had got away, and had come immediately to give notice to the
+Serjeant and his party, whereupon he and a party of six men went up in
+quest of them, but found nobody, neither did the deponent hear any more
+of that matter afterwards, _Causa scientiae patet_: And this is truth,
+as she shall answer to God; and declares she cannot write.
+
+          (Signed)           CH. ARESKINE.
+
+
+DONALD FARQUHARSON, in Glendee, married man, who being solemnly sworn,
+purged of malice and partial council, and interrogate, depones, That in
+summer one thousand seven hundred and forty-nine, Arthur Davies, late
+serjeant in General Guise's regiment, was with a serjeant's command of
+soldiers stationed in Dubrach, in Glendee, in Braemar, in
+Aberdeenshire; and the Serjeant, with his wife, the preceding witness,
+stayed in the house of Michael Farquharson, the deponent's father,
+where the deponent also stayed: Depones, That the Serjeant was a sober
+well behaving man, very civil to the country, and, so far as the
+deponent knew, had the good-will of the country: That he was a good
+manager of his money; and the deponent has seen with him a good deal of
+gold, which he commonly kept in a long purse, either blue or green, the
+deponent does not remember which, and he had also another purse, in
+which he kept his silver: That he had a silver watch, with a seal
+hanging at it, and silver buckles in his shoes, and knees of his
+breeches: That the deponent has seen two vests with him, one with a
+white stripe, and the other of a roe's skin; and that he had a set of
+silver buttons for a vest, which he used with the one or other as he
+had occasion: That he had also two rings, which he told the deponent
+were gold, the one of them a large coarse ring, with a knob on the one
+side of it, either of the shape of a seal or a heart, the deponent does
+not remember which: Depones, That when Serjeant Davies went a-shooting
+or fishing, he was commonly dressed in one of the above vests, and a
+blue meet upper coat, or surtout, with highland brogues, which he had
+purchased for the purpose, and had caused to be made so as to be tied
+with silver buckles: Depones, That on the above gold ring with the
+knob, there was upon the upper side of the knob some scores that the
+deponent did not understand the meaning of: Depones, That the Serjeant
+was wont frequently to take out his purse, either in paying or
+receiving money, or some time even in playing with children; and that
+when he went a-hunting or shooting, he always wore a laced hat, with a
+silver button: Depones, That the last time the deponent saw him was on
+Wednesday the twenty-seventh day of September, one thousand seven
+hundred and forty-nine, the deponent having gone that day to the fair
+at Kirkmichael, eighteen miles from his father's house, and did not
+return till Saturday thereafter: Depones, That at his return, passing
+by the house where the soldiers were quartered, one of them named
+Patrick Ogilvie, asked the deponent whether he had seen Serjeant Davies
+at the fair? and the deponent having answerd that he did not see him,
+and that certainly he had not been there, or he would have seen him,
+Ogilvie then said he was afraid of him, for that he had gone away upon
+the Thursday to meet a patrol from Glenshee, and had not yet returned;
+that they supposed he had gone with that patrol to the fair, but that
+since he was not there, he suspected he had been murdered; and the
+deponent never saw him alive since that time: Depones, That the captain
+of that command to whom the Serjeant belonged, hearing that he was
+amissing, sent a party of men on the Sunday to Dubrach to search for
+his body, and went with them for three or four following days, but
+without any success: Depones, That in the month of June seventeen
+hundred and fifty, the deponent was told by the people in his father's
+house, that Alexander Macpherson, alias M'Gillas, had been there
+inquiring for him, and wanted much to see him, and desired the deponent
+would go to his master's sheilling in Glenconie, about two miles'
+distance from Dubrach, and that he wanted much to speak to him: That
+after some days the deponent went to him, when Macpherson told him that
+he was greatly troubled with an apparition, the ghost of the deceased
+Serjeant Davies, who insisted that he should bury his bones; and that
+he having declined to bury them, the ghost insisted that he should
+apply to the deponent, saying that he was sure Donald Farquharson would
+help to bury his bones: That the deponent could not believe that he had
+seen such an apparition, upon which Macpherson desired him to go along
+with him, and he would show him the bones, and the place where he had
+found them: That the deponent went along with him, which he did the
+rather that he thought it might possibly be true, and if it was, he did
+not know but the apparition might trouble himself: Depones, That they
+accordingly found the bones in a peat-moss, where peats had been casten
+above ground, and near to the top of a hill: That the place was distant
+from Dubrach between two and three miles, between Glenchristie and
+Glenconie, and about half a mile from the road the patroling parties
+commonly take from Dubrach to Glenshee: That the spot where the body
+was lying had the surface of the ground entire, and no peats had been
+casten there: That the flesh had been mostly consumed from the bones,
+and the head separated from the body, and the hair lying by itself,
+separated from the head; and depones, that the hair was of the same
+colour with the Serjeant's hair, a mouse colour: That they also found
+some blue cloth, all torn in rags, some of it under the body, and some
+of it lying by the body; and it appeared to the deponent to be of the
+same kind of cloth with that of the blue coat that the Serjeant
+commonly wore when he went a-shooting: Depones, That the bones were not
+all lying together, but were scattered asunder, particularly some of
+the joints of his arms, and one of his legs; and that some of them were
+scattered at the distance of several yards: Depones, That Macpherson
+told him that when he first found the bones, which was about eight days
+before, that they were lying farther off, under a bank, and he drew
+them out with his staff: Depones, That they also found a pair of
+brogues, which appeared to the deponent to be of the same kind with
+what the Serjeant wore, only with this difference, that the taggs for
+the buckles were cut away, which seemed to have been done with a knife:
+Depones, That he asked Macpherson whether the apparition had told him
+by whom he had been murdered: That Macpherson said he had asked the
+question, and the apparition answered, that if he had not asked him, he
+would have power to have told him: That the deponent also asked him if
+the apparition had given him any orders about carrying his bones to a
+churchyard: Depones, That Macpherson said he had given no answer, and
+thereupon they agreed to bury him in that place; and accordingly they
+dug a hole in the moss, with the shaft of a shovel that Macpherson had,
+and buried the bones there, and laid a part of the blue cloth under the
+bones, and a part of it above it, and covered all with some turfs that
+they had tore up from the moss; and being showed a fusee, depones, that
+one day the Serjeant and the deponent went out a-deer-hunting, and the
+Serjeant, in loading his gun, which was either a French or a Spanish
+piece, happened to put in a ball that was too large for the bore, so
+that he could not, with the ram-rod, drive it down to the powder: That
+the deponent advised him to go to his father's sheilling to get a
+stronger ram-rod; but the Serjeant, being impatient to go about his
+diversion, fired the fusee, and cracked the barrel about the middle;
+and having examined the fusee now produced, observed that the barrel is
+cracked about the same place, and, so far as appears to him, may be the
+same barrel: Depones, That there appears to be some alterations made
+upon the stock since the Serjeant had it: That the but was thicker than
+it is now, and clad with iron at the end; and there was also another
+ring for the keeping of the ram-rod, other than that now shown him:
+Depones, That the gun was shown to the deponent on Wednesday last by
+James Growar, son to Donald Growar in Glendee, who told him that he
+found it in the hill in sight of Glenconie: Depones, That after
+Serjeant Davies was killed or amissing as aforesaid, he saw yellow
+rings on Elizabeth Downie's fingers, spouse to the prisoner, Duncan
+Terig alias Clerk, one of which had a knob upon it, as Serjeant
+Davies's ring also had, but does not remember the shape of either of
+these knobs: Depones, That he asked her whether it was gold, and she
+said it was: Depones, That he saw this ring upon Elizabeth Downie's
+finger before she was married to the prisoner; but it was then reported
+in the country that he was in suit of her for marriage, and has at
+several times, before and since Serjeant Davies was amissing, seen
+other yellow rings upon her fingers, but never saw the ring with the
+knob upon her finger till after the Serjeant was amissing, nor never
+saw it on her finger after she was married; and being asked whether it
+did not strike him, when he saw the ring with the knob on it upon
+Elizabeth Downie's hand, that it was Serjeant Davies's ring, Depones,
+that it did not; and further depones, that he has known Elizabeth
+Downie change her rings every other year: Depones, That after she was
+married, the deponent asked her if she had a gold ring, and she
+answered she never had one but one which was her mother's, which made
+the deponent suppose that the said ring with the knob had been her
+mother's; and depones, that the panel, her husband, was in prison when
+he asked her this question: Depones, That at first there was a report
+in the country that Serjeant Davies had deserted, then it was supposed
+that he had been killed by the thieves, but last of all, the report
+was, that he had been killed by the prisoners, and that has continued
+to be the report of the country for these three years: And being asked
+what he took to be the grounds of that report, Depones, that he took it
+to be, that Macdonald, as Lord Bracco's forrester, had a warrant for
+carrying guns for killing of deer, and he carried Clerk alongst with
+him, and none other of the country had any warrant to carry arms; but
+he heard that some of the people in the country suspected that the ring
+with the knob that he had seen on Elizabeth Downie's finger was
+Serjeant Davies's ring; and being interrogate as to the character of
+the two panels, depones, that he has heard Clerk habite and repute a
+sheep-stealer, but that he never heard any thing of Macdonald, but that
+he once broke the chest of one Corbie, and took some money out of it:
+Depones, That he never heard Clerk get the character of a good
+deer-stalker, though he could shoot wild fowl: Depones, That Alexander
+Macpherson, before mentioned, once served the deponent's father, and is
+accounted an honest lad; but on the panel's interrogatory, Depones,
+that he has been charged with telling of stories, and that all is not
+to be believed that he says; though that is the general character, the
+deponent knows no reason for it: Depones, That Duncan Clerk once
+pursued his accusers before a Sheriff Court at Braemar, and freed
+himself at that time, and, as he heard, got some mends of his accusers,
+but what it was he knows not: That the only particular act of theft he
+heard him accused of, was the stealing of a parcel of sheep from
+Alexander Farquharson in Inverey, and which was the ground of the
+process before mentioned before the Sheriff: Depones, That the Sabbath
+before the Serjeant was amissing, a woman came to the deponent's
+father's house, and told them that, coming through the hills, she had
+seen four thieves in arms, who had separated fourteen of his father's
+cattle, upon which the Serjeant, with a party, went in quest of them
+immediately, but could find none of them, they having, it seems, gone
+off and left the cattle: Depones, That upon the Friday, the
+twenty-ninth of September, the corporal stationed at Glenshee met with
+the deponent at the fair of Kirkmichael, while the deponent was buying
+a pair of shoes, and he told the corporal that they were for Serjeant
+Davies, and the corporal told him that he had parted with the Serjeant
+the day before at the Water of Benow; the Serjeant, after that, was
+going to the hill to get a shot of the deer; which Water of Benow is
+about half a mile's distance from the place where the patrolling
+parties used to meet: Depones, That the prisoner Clerk was a common
+dealer in buying of sheep and cattle; and the deponent has seen him
+both buying and paying the price, and his father was reputed one of the
+richest tenants in Inverey's grounds. _Causa scientiae patet_; and this
+is truth, as he shall answer to God.
+
+          (Signed)           DONALD FARQUHARSON.
+                             P. GRANT.
+
+
+ALEXANDER M'PHERSON _alias_ M^CGILLAS, in Inverey, being solemnly
+sworn, purged of malice and partial council, and interrogate, aged
+twenty-six years, unmarried, Depones, That in summer one thousand seven
+hundred and fifty, he found lying in a moss bank in the hill of
+Christie, a human body, at least the bones of a human body, of which
+the flesh was mostly consumed, and he believed it to be the body of
+Serjeant Davies, because it was reported in the country that he had
+been murdered in that hill the year before. That when he first found
+this body, there was a bit of blue cloth upon it pretty entire, which
+he took to be what is called English cloth; he also found the hair of
+the deceased, which was of a dark mouse colour, and tied about with a
+black ribbon: That he also observed some pieces of a stripped stuff,
+and found also lying there a pair of brogues, which had been made with
+latches for buckles, which had been cut away by a knife: That he, by
+help of his staff, brought out the body, and laid it upon plain ground,
+in doing whereof some of the bones were separated one from another:
+Depones, That for some days he was in a doubt what to do, but meeting
+with John Growar in the moss, he told John what he had found, and John
+bid him tell nothing of it, otherways he would complain of the deponent
+to John Shaw of Daldownie, upon which the deponent resolved to prevent
+Growar's complaint, and go and tell Daldownie of it himself; and which
+having accordingly done, Daldownie desired him to conceal the matter,
+and go and bury the body privately, as it would not be carried to a
+kirk unkent, and that the same might hurt the country, being under the
+suspicion of being a rebel country: Depones, That some few days
+thereafter, he acquainted Donald Farquharson, the preceding witness, of
+his having seen the body of a dead man in the hill, which he took to be
+the body of Serjeant Davies: That Farquharson at first doubted the
+truth of his information, till the deponent having told him that a few
+nights before when he was in bed, a vision appeared to him as of a man
+clad in blue, who told the deponent, "I am Serjeant Davies;" but that
+before he told him so, the deponent had taken the said vision at first
+appearance to be a real living man, a brother of Donald Farquharson's:
+That the deponent rose from his bed, and followed him to the door, and
+then it was, as has been told, that he said he was Serjeant Davies who
+had been murdered in the Hill of Christie, about near a year before,
+and desired the deponent to go to the place he pointed at, where he
+would find his bones, and that he might go to Donald Farquharson, and
+take his assistance to the burying of him: That upon giving Donald
+Farquharson this information, Donald went along with him, and finding
+the bones as he informed Donald, and having then buried it with the
+help of a spade which he the deponent had alongst with him: And for
+putting what is above deponed upon out of doubt, Depones, that the
+above vision was the occasion of his going by himself to see the dead
+body, and which he did before he either spoke to John Growar,
+Daldownie, or any other body: And further Depones, that while he was in
+bed another night after he had first seen the body by himself, but had
+not buried it, the vision again appeared naked, and minded him to bury
+the body; and after that he spoke to the other folks above mentioned,
+and at last complied, and buried the bones above mentioned: Depones,
+That upon the vision's first appearance to the deponent in his bed, and
+after going out of the door, and being told by it he was Serjeant
+Davies, the deponent asked him who it was that had murdered him, to
+which it made this answer, that if the deponent had not asked him, he
+might have told him, but as he had asked him, he said he either could
+not or would not, but which of the two expressions the deponent cannot
+say; but at the second time the vision made its appearance to him, the
+deponent renewed the same question, and then the vision answered, that
+it was the two men now in the panel that had murdered him: And being
+further interrogate in what manner the vision disappeared from him
+first and last, Depones, That after the short interviews above
+mentioned, the vision at both times disappeared and vanished out of his
+sight in the twinkling of an eye; and that in describing the panels by
+the vision above mentioned as his murderers, his words were, Duncan
+Clerk and Alexander Macdonald: Depones, That the conversation betwixt
+the deponent and the vision was in the Irish language: Depones, That
+several times in the harvest before the Martinmas after seeing the said
+vision, he was applied to by Duncan Clerk, the panel, then to enter
+home to his service at that time, which accordingly he did, and staid
+in his service just a year, and he being in the hill together with
+Duncan Clerk, spying a young cow, desired the deponent to shoot it; and
+tho Duncan did not bid him carry it home after it should be shot, yet
+the deponent understood that to be the purpose, when Duncan desired him
+to shoot it, and which the deponent refused to do, adding, that it was
+such thoughts as these were in his head when he murdered Serjeant
+Davies, upon which some angry expressions happened between Duncan and
+the deponent; but when the deponent insisted upon it that he could not
+deny the murder, Duncan fell calm, and desired the deponent to say
+nothing of that matter, and that he would be a brother to him, and give
+him every thing he stood in need of, and particularly would help him to
+stock a farm when he took one; and the time of deponing, the deponent
+exhibited a paper, which is marked on the back by the Lord Examiner,
+the deponent averring he cannot write: And depones, That the said paper
+was put in his hands by the said Duncan Clerk, who at the time told him
+it was a premium of twenty pounds Scots to hold his tongue of what he
+knew of Serjeant Davies: Depones, That while the deponent was in the
+panel Duncan Clerk's service, and about Lammas seventeen hundred and
+fifty-one, he showed to the deponent a long green silk purse, and that
+he showed also to the deponent the contents which were in it, _viz._
+sixteen guineas in gold, and some silver: And being interrogate what
+was the occasion of showing this purse and money to the deponent,
+Depones, it was one of two which he does not remember, either he had
+come from Aberdeen with money, which he had got for his wool, or was
+going to Badenoch to buy sheep: Depones, That he saw upon the finger of
+Elizabeth Downie, the panel Duncan Clerk's wife, a yellow ring, which
+she told him was gold, with a plate on the outside of it, in the form
+of a seal, and that he saw it on her finger six or eight weeks before
+her marriage; and that after her marriage, she having one day taken it
+off her finger, he saw upon the inside of it a stamp, but what that
+stamp is he does not know. And being interrogate, Depones, That he had
+a suspicion that this ring was Serjeant Davies's ring, having heard it
+reported in the country that Serjeant Davies had such a ring upon his
+finger when he was murdered, but does not remember his having told his
+suspicion to any body; and being further interrogate, depones, That
+since the panel Duncan's imprisonment, the deponent was solicited by
+Donald Clerk, the panel Duncan's brother, to conceal what he knew when
+he came to give evidence; but this was after his having first solicited
+the deponent to leave the country, that he might not give evidence, and
+upon the deponent's saying he offered him nothing to leave the country
+with; but then it was that Donald proposed his not giving true
+evidence, adding, that of every penny Donald was worth, the deponent
+should have the half; and being interrogate, at the desire of the Jury,
+if ever he had asked payment of the twenty pounds contained in the
+above-mentioned paper produced by him, Depones, That he once did,
+shortly after the term of payment, to which Duncan answered, that it
+would be as well to let it ly in his hands, to which he was satisfied,
+and that he never asked payment of the annual rent; and being further
+interrogate, Depones, that before the deponent went home to the panel's
+service at Martinmas one thousand seven hundred and fifty, it was well
+known and reported in the country that the bones of the dead body found
+upon the above mentioned hill had been buried by the deponent and
+Donald Farquharson, as also was the story of the vision or apparition
+whereof the deponent had told Donald Farquharson; and being interrogate
+for the panel, Depones, that he not only told the story of the vision
+or apparition to Donald Farquharson, as above mentioned, but that he
+also told it to John Growar and Daldownie before he mentioned it to
+Donald Farquharson: Depones, That there were folks living with him at
+the sheilling the time the vision appeared to him as above, but that he
+told it to none of them; and adds, that Isobel M'Hardie, in Inveray, a
+woman then in the sheilling with him, has told him since, that she saw
+such a vision as the deponent has above described, and has told him
+herself so much; and upon the panel's interrogatory, depones, that upon
+the vision's appearing to him, it described the place where he would
+find the bones so exactly, that he went within a yard of the place
+where they lay upon his first going out: And this is the truth, as he
+shall answer to God; and depones he cannot write.
+
+          (Signed)           JA. FERGUSON.
+
+
+Compeared Duncan Campbell, one of the captains of the City Guard of
+Edinburgh, and was solemnly sworn, as he should answer to God, that he
+should interrogate in the Irish language such of the witnesses as
+should be afterwards adduced in this trial, as could not speak or
+understand the English language, and reduce the depositions, as they
+should emit the same, faithfully in the English language into writing.
+
+          (Signed)           DUNCAN CAMPBELL.
+                             JA. FERGUSON.
+
+
+ISOBEL M'HARDIE in Inverey, who being solemnly sworn, purged of malice
+and partial council, aged forty and upwards, married, examined and
+interrogate: Depones, That one night about four years ago, when the
+deponent was lying in one end of the shealling, and Alexander
+M'Pherson, who was then her servant, lying in the other, she saw
+something naked come in at the door, which frighted her so much that
+she drew the clothes over her head: That when it appeared, it came in
+in a bowing posture, and that next morning she asked M'Pherson what it
+was that had troubled them the night before? to which he answered, she
+might be easy, for that it would not trouble them any more. _Causa
+scientiae patet._ And this is truth, as she shall answer to God. And
+this deposition is subscribed by the said sworn interpreter.
+
+          (Signed)           DUNCAN CAMPBELL.
+                             JA. FERGUSON.
+
+
+Compeared, JAMES MACDONALD in Allanquoich, solemnly sworn, purged of
+malice and partial council, aged thirty-one years, married, examined
+and interrogate: Depones, That it is about two or three years since
+Clerk, the panel, was married to Elizabeth Downie, Alexander Downie's
+daughter, and hearing it reported in the country, that he should have
+said, that if his son-in-law had not killed Serjeant Davies, Serjeant
+Davies would have killed him: That the deponent asked of Alexander
+Downie, about lentron last, whether he had said so? and Alexander
+Downie acknowledged to him that he had said so: And the deponent heard
+that the occasion of this report in the country was, that Alexander
+Downie being at a miln, some of the people there upbraided Alexander
+Downie with his son-in-law Clerk, the panel, his having killed the said
+Serjeant: And Downie said, as the deponent heard, what could his
+son-in-law do, since it was in his own defence: Depones further, That
+he saw upon Elizabeth Downie, Clerk's wife, her thumb, a yellow ring,
+which he took to be gold; and this he saw after her marriage, having a
+little knap upon it like into a seal, having scores or lines round
+about it, and this he saw frequently upon her hand, which ring the
+deponent suspected to be Serjeant Davies's ring, and it was so
+suspected in the country. _Causa scientiae patet._ And this is the
+truth: And says further, That Clerk the panel, was reputed to be guilty
+of thieving in the country, but that he heard nothing to the prejudice
+of M'Donald's character: And being interrogate for the panel, depones,
+That he never heard Clerk the panel, guilty of any particular theft
+except one of a parcel of sheep, from one Alexander Farquharson in
+Inverey, about nine or ten years ago. All which is truth, as he shall
+answer to God; and depones he cannot write.
+
+          (Signed)           ALEX^R FRASER.
+
+
+Compeared PETER M'NAB in Wester Micras, aged fifty-seven years,
+solemnly sworn, purged of malice and partial council, examined and
+interrogate: Depones, That it is now about four years ago, since he
+heard it reported in the country, that the two men, Clerk and
+Macdonald, the panels, were the people who murdered Serjeant Davies,
+and a little time after Elizabeth Downie was married to Clerk the
+panel: The deponent happened to be in Alexander Downie her father's
+house, and then saw upon her finger a ring, pretty massy, having a lump
+upon it pretty large; and the deponent got the ring into his hand, and
+the lump appeared to the deponent to be something in the shape of a
+heart: And the deponent asked Elizabeth Downie how she came by that
+ring? to which she answered, that she had bought it from one James
+Lauder, a merchant: The deponent replied, that he thought it was cheap
+and worth more money, and that it was reported in the country, that the
+said Elizabeth Downie was wearing rings of Serjeant Davies's, but he
+never saw her have any but that one: And further adds, that he never
+heard any other suspected of the murder of Serjeant Davies but the
+panels, except once, that it was suspected to have been done by
+caterers; and he also heard, for a twelvemonth after Serjeant Davies
+was amissing, that he had deserted; nevertheless the general report or
+belief of the country was, that the two panels had murdered him. _Causa
+scientiae patet._ And this is the truth, as he shall answer to God.
+
+          (Signed)           PETER MACNAB.
+                             ALEX^R FRASER.
+
+
+Compeared ISOBEL EGO, in Teantoul, aged eighteen years, or thereby,
+solemnly sworn, purged of malice and partial council, examined and
+interrogate by the sworn interpreter aforesaid, Depones, That about
+four years ago she found upon the Hill of Christie a silver-laced hat,
+with a silver-button on it; which hat she carried home to her master,
+Alexander Macdonald in Inverey, and delivered it to him. _Causa
+scientiae patet._ And this is the truth, as she shall answer to God; and
+depones she cannot write. And this deposition is subscribed by the
+foresaid sworn interpreter.
+
+          (Signed)           DUNCAN CAMPBELL.
+                             ALEX^R FRASER.
+
+
+Compeared ALEXANDER MACDONALD, in Inverey, aged thirty years and
+upwards, married; solemnly sworn, purged of malice and partial council,
+examined and interrogate, Depones, That about four or five years ago,
+after Serjeant Davies was amissing, his servant-maid, Isobel Ego, the
+immediate preceding witness, being sent to the hills of Inverey to look
+for some horses, when the said servant-maid returned, she told the
+deponent's wife, as she told him, that she had come home richer than
+she went out, having found in the hill a silver-laced hat: That his
+wife, upon seeing the said hat, had no peace of mind, believing it to
+be Serjeant Davies's hat, and desired it might be put out of her sight:
+That the deponent, who was abroad, having come home, took the hat and
+put it below a stone near to a burn which run by his shealling, where
+his wife then was: That the hat was carried away from under the said
+stone, but who it was that carried it off the deponent knows not.
+_Causa scientiae patet._ And this is the truth, as he shall answer to
+God; and depones he cannot write. And this deposition is signed by the
+said sworn interpreter.
+
+          (Signed)           DUNCAN CAMPBELL.
+                             ALEX^R FRASER.
+
+
+DONALD DOWNIE, at the miln of Inverey, aged thirty years or thereby;
+solemnly sworn, purged of malice and partial council, by the sworn
+interpreter aforesaid, and by him interrogate, Depones, That he was
+loading his horse with corn, to be carried into the barnyeard at the
+miln of Inverey, upon that day that Serjeant Davies was amissing: That
+between the midday and sunset he heard three gunshots, but cannot tell
+from what particular place the sound came: That the three shots were
+pretty near one another, and all within less than a quarter of an hour.
+Depones, That the Hill of Christie, libelled, is about a mile's
+distance to the entrance thereof from the place where he then was, and
+that it will be at least three miles from there to the place where the
+bones were found. Depones, That he was told that Isobel Ego, a
+preceding witness, found a hat in the Hill of Christie, which she
+brought home and delivered to her master: That he heard her master hid
+it at the Burnside, under a stone: That some time thereafter some of
+the bairns of Inverey found the said hat, and brought it to his the
+deponent's father's house, where he saw it; and the hat libelled being
+shown to him, depones, he having inspected it, That it is the same hat
+which was so brought to his father's house, and pointed out the letters
+D. A. thereon at deponing, and that he himself delivered the said hat
+to James Small, factor on the estate of Strowan. _Causa scientiae
+patet._ And this is the truth, as he shall answer to God.
+
+          (Signed)           DONALD DOWNIE.
+                             ALEX^R FRASER.
+
+
+JOHN COOK, barrackmaster at Braemar Castle, aged thirty years and
+upwards, _solutus_, solemnly sworn, purged of malice and partial
+council, examined and interrogate, Depones, That the hat libelled now
+shown to him, was delivered by Donald Downie, the preceding witness, to
+James Small, before designed, at the house of one Charles, in
+Castletown of Braemar, and was delivered to the said deponent by Mr
+Small, to be kept by him till it should be called for; and that he
+brought it along with him to town, and he knows it to be the same by
+the letters D. A. which he often observed thereon, and now at deponing:
+Depones, That after Serjeant Davies was amissing, a report sprung up,
+that one Levingston, a soldier, having a prejudice at him, had murdered
+him; but, upon enquiry, it being found, who had had leave of absence,
+returned to the garrison the afternoon of that day on which the
+Serjeant was amissing; the report thereon ceased, and about ten days
+thereafter it was reported that the Serjeant had been murdered by two
+young men about Inverey. And about a year and a half after the Serjeant
+had been amissing, he heard Duncan Clerk the panel named as one of
+them, but never heard any thing of Alexander Macdonald, the other
+panel, till he was committed prisoner to the Castle of Braemar in
+September last. _Causa scientiae patet._ And this is the truth, as he
+shall answer to God.
+
+          (Signed)           JOHN COOK.
+                             HEW DALRYMPLE.
+
+
+Compeared JOHN GRANT, in Altalaat, aged forty years and upwards,
+married, solemnly sworn, purged of malice and partial council, examined
+and interrogate: Depones, That both the panels lodged in his house upon
+the night of the twenty-seventh of September, one thousand seven
+hundred and forty-nine: That next morning they breakfasted, after the
+sun rising, with him; and as he was going to a Michaelmas fair, when he
+came out of his house, he looked and saw the two panels at his door,
+each having a gun in his hand, and they told him that they intended to
+go a deer hunting, but did not mention to what place: That the deponent
+accordingly went to the fair, and returned in about four days home, and
+then heard that a soldier who had been upon some of the hills was
+amissing, and in a very short time heard it was Serjeant Davies: That
+at first it was rumoured that some of the Serjeant's own men had killed
+him; and afterwards that he had been killed by some outlaws; and after
+that it was clattered that the panels had killed him: Depones, That the
+night the panels lodged with him as above, one of them talked of going
+the next morning in quest of horses for leading in corn, without
+mentioning from where. _Causa scientiae patet._ And this is the truth,
+as he shall answer to God. This deposition signed by Duncan Campbell,
+sworn interpreter.
+
+          (Signed)           DUNCAN CAMPBELL.
+                             HEW DALRYMPLE.
+
+
+JOHN GRANT, son to the said John Grant in Altalaat, aged twenty years,
+solemnly sworn, purged of malice and partial council, by the sworn
+interpreter aforesaid, and by him interrogate: Depones, That he knows
+the panels, and that they lodged with his father the night of the
+twenty-seventh of September, one thousand seven hundred and forty-nine:
+That next morning the panels, each of them having a gun, and Duncan
+Clerk a grey plaid about him, went up the water to the hill of Gleneye,
+which is about a mile and a half distant from the hill of Christie:
+That the road they took was not the direct road to the hill last named;
+and before they went they said they were going a deer hunting and for
+horses to lead in their corns: That three or four days after this, they
+heard that Serjeant Davies was amissing, and that he was killed in the
+hill of Christie; but the last part of this he did not hear till some
+time, a year or two thereafter. _Causa scientiae patet._ And this is
+truth, as he shall answer to God.
+
+          (Signed)           DUNCAN CAMPBELL.
+                             HEW DALRYMPLE.
+
+
+ELSPETH MACARA, in Inverey, late servant to Duncan Clerk, one of the
+panels, aged thirty-two years; solemnly sworn, purged of malice and
+partial council, as aforesaid, and interrogate, Depones, That she was
+fellow-servant, about three years ago, with Alexander Macgillies, a
+preceding witness, in Duncan Clerk, the panel's house: That she once
+saw in the said Alexander's hands a yellow ring, but knows not if it
+was gold, with a knob upon it of the same metal; which ring she
+frequently observed on the finger of the wife of the said Duncan Clerk.
+And further depones, That the said knob was bigger above and smaller
+below, and shaped something like a heart. _Causa scientiae patet._ And
+this is truth, as she shall answer to God. This deposition signed by
+the above interpreter.
+
+          (Signed)           DUNCAN CAMPBELL.
+                             HEW DALRYMPLE.
+
+
+JOHN GROWAR, in Inverey, aged fifty years and upwards, a widower; who
+being solemnly sworn, purged of partial council, and interrogate,
+Depones, That upon the 28th of September, 1749, the deponent having
+gone to a glen called Glenconie, to bring home his horses to lead in
+the corns, he met with Serjeant Davies, of whom he had some
+acquaintance before; and he had at that time a good deal of
+conversation with him, particularly with relation to a tartan coat
+which the Serjeant had observed the deponent to drop, and after
+strictly enjoining him not to use it again, dismissed him, instead of
+making him prisoner: That the deponent went home with his horses, and
+saw no more of the Serjeant, who was alone; and that their meeting was
+about an hour after sunrising, to the best of the deponent's knowledge:
+That some time thereafter, about four years ago, he was told by
+Alexander Macpherson _alias_ M'Gillies, a former witness, that the
+Serjeant's ghost had appeared to him, M'Gillies, and had desired him to
+bury his, the Serjeant's, bones, and to bring Donald Farquharson, also
+a former witness, along with him; but M'Gillies at that time did not
+mention the place where the bones were to be found, but afterwards told
+the deponent that the Serjeant's bones were found in the place to which
+the ghost had directed him; and one day the said M'Gillies and the
+deponent being in the hill together, he, M'Gillies, pointed to him the
+place where they were found, which was not far from the place in which
+he had formerly met Serjeant Davies, upon the 28th of September
+aforesaid; and that two years ago, in labouring time, the said
+M'Gillies told him that the said ghost came to M'Gillies's master's
+house, and the door flung open, and took M'Gillies out of the house,
+and told him that the panels had been his murderers. Depones, That
+about two years ago he had a conversation with M'Gillies, who told him,
+that one day coming from the hill with Duncan Clerk, the panel, then
+his master, and another time when in bed, he had a conversation with
+the said Duncan concerning Serjeant Davies's murder, and all the answer
+Duncan made was, What can you say of an unfortunate man? Depones, That
+about ten or eleven years ago, Duncan Clerk, the panel, was said to
+have stolen some sheep from one Alexander Farquharson, in Inverey, and
+there was a Sheriff-court held upon that matter at the Mill of
+Achindryne, in which nothing was found against the said Duncan, but
+John Ewes alias M'Donald was fined, and the deponent became cautioner
+for him, that he should never speak about it again. _Causa scientiae
+patet._ And this is the truth, as he shall answer to God.
+
+          (Signed)           JOHN GREWER.
+                             HEW DALRYMPLE.
+
+
+ANGUS CAMERON, in Easter Finart, Rannach, aged thirty years and
+upwards, solemnly sworn, purged of malice and partial council, by
+Duncan Campbell, sworn interpreter, and by him interrogate, Depones,
+That he was in Braemaar four years past at Michaelmas last; that is, in
+the year 1749: That about an hour and a half before sun-set on the 28th
+of September, he being on the hill of Galcharn, on the side thereof,
+saw a man in a blue coat, with a gun in his hand, with a hat which had
+a white edging about it, he knows not whether it was silver or not; and
+saw other two men, one of whom was the panel Duncan Clerk, who he had
+seen upon former occasions, and another man of a lower stature than the
+said Duncan Clerk, coming up the hill towards the first mentioned man,
+who was distant from him, the deponent, about a gunshot, upon, or near
+the top of a hill opposite to him, the deponent, the name of which he
+does not know, he being a stranger in that country; that there was
+another man along with him, the deponent, named Duncan Cameron, and
+that they were waiting there for other travellers, and his said
+companion is dead about three years ago: Depones, That he saw Duncan
+Clerk, the panel, and his companion, whom he did not, nor does not
+know, meet with the man clad in blue, as aforesaid; and after they had
+stood for some time together, he saw Duncan Clerk, the panel, strike at
+the man in blue, as he thought, with his naked hand only, upon the
+breast; but, upon the stroke, he heard the man struck cry out, and clap
+his hand upon the place struck, turn about, and go off: That the panel
+Duncan Clerk and the other man stood still for a little, and then
+followed after the man in blue, and saw him, the said Duncan and the
+other man, each of whom had a gun, fire at the man in blue: That the
+two shots were very near one another; and immediately upon them, the
+man in blue fell: That Duncan Clerk, the panel, had upon him a grey
+plaid, with some red in it, whom he saw that same day, and his
+companion along with him, (but spoke to none of them,) about mid-day,
+and that they passed him as he was lying upon the same hill; and that
+both times that same day, that he had occasion to see the said Duncan
+Clerk and his companion, he was lying in a little hollow upon the side
+of the said hill of Galcharn, in such a manner, as he thinks, neither
+the said Duncan Clerk, or his companion did see him: And depones, That
+there was no long heather in the said hollow where he was lying:
+Depones, That after the man in blue fell, in manner above mentioned,
+the panel Duncan Clerk, and his companion, went up to him; and as it
+was the deponent's opinion the man was dead, he saw them stoop down,
+and handle his body; and while they were so employed, he, the deponent,
+and his companion, got up, and made off: Depones, That he did not
+mention any thing of the premises to any body for nine months or a
+twelve month, and then he spoke of it to one Donald Cameron, and to
+Duncan Cameron, a different man from him above mentioned, who advised
+him to say nothing of it, as it might get ill-will to himself, and
+bring trouble on the country; some people that he told it to said, that
+people would not believe him, but rather think he was telling lies:
+That it was six months after what he saw, and has deponed upon, that he
+heard that Serjeant Davies was amissing. And being interrogate for the
+panels, depones, That he came to the said hill of Galcharn, and lay
+down in the hollow about two hours after sun-rising; and depones, That
+he and his companion were, the night before the twenty-eighth of
+September aforesaid, in Glenbruar Braes, which is about ten miles
+distant from the hill of Galcharn; and that he left these braes about
+the end of said night; and that the travellers that he expected to pass
+that day were Donald Cameron, who was afterwards hanged, together with
+some of the said Donald's companions from Lochaber. _Causa scientiae
+patet._ And this is the truth, as he shall answer to God. This
+deposition signed by the sworn interpreter aforesaid.
+
+          (Signed)           DUNCAN CAMPBELL.
+                             HEW DALRYMPLE.
+
+
+DUNCAN CAMERON, in Dunan, aged twenty-eight years, unmarried, solemnly
+sworn, purged of malice and partial council, examined and interrogate,
+Depones, That in the summer after he had heard that one Serjeant Davies
+was amissing, Angus Cameron, a preceding witness, told the deponent
+that he saw Duncan Clerk, and another person unknown, shoot a man in
+Braemaar, whom the said Angus, by his dress, believed to be a serjeant
+or officer; upon which the deponent said he did not want to hear any
+more on that subject. _Causa scientiae patet._ And this is the truth, as
+he shall answer to God.
+
+          (Signed)           DUNCAN CAMERON.
+                             GILB. ELLIOT.
+
+
+DONALD DOW CAMERON, in Milntown of Ashintilly, Strathardle, aged
+forty-four years, married; who being solemnly sworn, and purged of
+partial council, by Duncan Campbell, sworn interpreter aforesaid, and
+by him interrogate, Depones, That in the summer after he heard that a
+serjeant in Braemaar was amissing, whose name he thinks was Davidson,
+or something like that, Angus Cameron, a preceding witness, told the
+deponent that he had seen Duncan Clerk the panel, and another man along
+with him, shoot a man, like a gentleman or an officer, upon a hill in
+Braemaar: That upon this the deponent told the said Angus Cameron that
+he did not want to hear more any such stories, nor to have such a
+report raised of the country; and the deponent at the same time advised
+Angus to keep the thing secret, and to speak no more on the subject.
+_Causa scientiae patet._ And this is the truth, as he shall answer to
+God. This deposition signed by the sworn interpreter aforesaid.
+
+          (Signed)           DUNCAN CAMPBELL.
+                             GILB. ELLIOT.
+
+
+LAUCHLAN M'INTOSH, in Inverey, aged near thirty years, unmarried,
+solemnly sworn, purged of malice and partial council, examined and
+interrogate by the sworn interpreter aforesaid, Depones, That the
+panel, Duncan Clerk's father, his house is within less than a quarter
+of a mile of the deponent's house: That upon the afternoon of that day
+in which Serjeant Davies was amissing, as he thinks, or at least the
+afternoon of the day following, he cannot be altogether positive which,
+he saw Duncan Clerk, panel, come from the hill to his father's house,
+with a gun in his hand, and a sort of grey plaid about him: That he
+does not remember that he saw him about his father's house before that
+time in the afternoon of that day. _Causa scientiae patet._ And this is
+the truth, as he shall answer to God.
+
+          (Signed)           LAUCHLAN M'INTOSH.
+                             GILB. ELLIOT.
+
+
+JEAN DAVIDSON, spouse to Gregor Keir, in Inverey, aged thirty years,
+married; who being solemnly sworn, and purged of malice and partial
+council, by the sworn interpreter aforesaid, Depones, That she lived in
+the same town with Duncan Clerk, the panel's father, who is now dead:
+That the evening of the day upon which Serjeant Davies was first
+amissing, she saw Duncan Clerk, the panel, return from the hill to his
+father's house about sun-setting, having a plaid upon him, with a good
+deal of red in it, but whether he had a gun in his hand the deponent
+did not observe: That Duncan Clerk's father was that day working among
+his corns; and the deponent did not see the said Duncan about the town
+till the evening, as above deponed upon. And further depones, being
+interrogate for the panel, That when she first saw Duncan Clerk, she
+was among the corns with his father a little below the town, and that
+Duncan was about a gun-shot from her, coming towards his father's house
+from the hill, and that he came near to the place where she was with
+his father. _Causa scientiae patet._ And this is the truth, as she shall
+answer to God. And this deposition is signed by the foresaid sworn
+interpreter.
+
+          (Signed)           DUNCAN CAMPBELL.
+                             ALEX^R FRASER.
+
+
+LAUCHLAN M'INTOSH, servant to William Grant of Burnside, aged
+twenty-one years, solemnly sworn, purged of malice and partial council,
+examined and interrogate, Depones, That he was a servant to Michael
+Farquharson in Dubrach, in whose house Serjeant Davies quartered: That
+he saw the Serjeant have a little pen-knife, upon the end of the haft
+of which there was a seal for sealing of letters, and he heard the
+Serjeant say that was the use he made of the said seal: That he saw
+Serjeant Davies leave his master's house about sun-rising that day upon
+which he was amissing; that he never saw him since: That about two
+years thereafter, being on the hill with Alexander Macdonald the panel,
+and the said Alexander Macdonald had in his hand a pen-knife, which the
+deponent saw, very like the pen-knife which Serjeant Davies had above
+mentioned: That the deponent, upon seeing that pen-knife, told
+Macdonald that the pen-knife he then had was very like Serjeant
+Davies's pen-knife, and Macdonald made answer that there were many
+siclikes: And further depones, That he saw the Serjeant have a green
+silk purse, in which he saw the Serjeant put in and take out several
+pieces of gold: The deponent does not remember what the handle of the
+Serjeant's knife was made of, nor does he remember what was engraven on
+the end of the handle of the pen-knife which the Serjeant had, nor the
+end of the handle of the pen-knife which Macdonald had, but that both
+seals were white. _Causa scientiae patet._ And this is the truth, as he
+shall answer to God. And depones he cannot write.
+
+          (Signed)           ALEX^R FRASER.
+
+
+JOHN BROWN in Drumcraggan, aged sixty years, or thereby, solemnly
+sworn, purged of malice and partial council by the sworn interpreter
+aforesaid, and by him interrogate, Depones, That he was ground-officer
+for the lands of Inverey, and was so at the time when Serjeant Davies's
+body was amissing: That he was ordered by the Chamberlain of Inverey,
+to call out the country people in search for Serjeant Davies's body,
+which accordingly he did search for with the country people for two
+days, without finding it: That the last of the two days, as the
+deponent and the country people were returning home, and had given over
+the search, the panel, Duncan Clerk, challenged the deponent for
+troubling the country people with such an errand, and upon this the
+deponent and the said Duncan Clerk had some scolding words. _Causa
+scientiae patet._ And this is the truth, as he shall answer to God. And
+depones he cannot write. And this disposition is signed by the foresaid
+sworn interpreter.
+
+          (Signed)           DUNCAN CAMPBELL.
+                             ALEX^R FRASER.
+
+
+_Follows the Witnesses adduced by the Panels in exculpation._
+
+
+Captain JOHN FORBES of New, aged forty-five years, married, who being
+solemnly sworn, purged of malice and partial council, examined and
+interrogate, Depones, That James Small having suggested to the deponent
+that it might be proper that Duncan Clerk the panel's wife, should be
+examined upon what rings she had in her possession, and that some other
+witnesses in relation thereto, might be precognosced, presented a
+petition to the deponent, as the next Justice of Peace to where she
+lived, craving, to the purpose above mentioned: That the deponent went
+for that end to Braemaar; and she being summoned to appear at the
+Castletown of Braemaar, appeared before the deponent, and declared, in
+substance, as follows: That since she was married, a small brass ring,
+which she then presented to the deponent, and a gold ring which she got
+from her mother, and wore sometimes, were the only rings that she had
+since her marriage; and that before her marriage she got a copper ring
+from one Allan M'Donald, brother to James Macdonald, in Allanquoich,
+with a round knot of the same metal raised upon it, which, the summer
+before she was married, she gave to Alexander M'Intosh alias Rioch,
+then a glen-herd, and now servant to Thomas Gordon in Fetherletter, in
+Strathaven, and that she was married to the said Duncan Clerk, panel,
+in harvest 1751. _Causa scientiae patet._ And this is the truth, as he
+shall answer to God.
+
+          (Signed)           JOHN FORBES.
+                             HEW DALRYMPLE.
+
+
+DUNCAN KEIR, in Glenmuick, aged twenty and upwards, unmarried, solemnly
+sworn, purged and interrogate, Depones, That the day that the Braemaar
+men were going to the Michaelmas fair in Strathaven, which was the day
+before the said fair held, he saw Duncan Clerk, the panel, at Gleney,
+where the deponent then lived, before he and the other shearers there
+had got their dinner, and that they dined sometimes later and sometimes
+more early, and cannot tell at what time they dined that day, but the
+sun was a good while high when he saw him: That he had on a plaid,
+which he thinks was grey: That Gleney is a mile farther up the water
+than Inverey towards the hill; and the next day, after he saw the said
+Duncan Clerk as above, he heard that Serjeant Davies was amissing.
+_Causa scientiae patet._ And this is the truth, as he shall answer to
+God. And depones he cannot write.
+
+          (Signed)           HEW DALRYMPLE.
+
+
+ELIZABETH MACDONALD, in Tulloch of Invercauld, aged twenty-eight years,
+unmarried, solemnly sworn, purged and interrogate by the sworn
+interpreter aforesaid, Depones, That the day before she heard Serjeant
+Davies was amissing, she saw Duncan Clerk, the panel, at the shearers
+of Gleney, but did not observe from whence he came: That she does not
+remember that he had either a gun or a plaid, but thinks that he had a
+short blue coat upon him, and that Gleney is a mile farther up the
+water towards the hill than Inverey: That when she saw the said panel
+it was before dinner, which they took early that day, being betwixt
+twelve and one; and that Duncan Keir, the preceding witness, was one of
+the said shearers; and that Gleney is about a mile from Glenconie.
+_Causa scientiae patet._ And this is the truth, as she shall answer to
+God. This deposition signed by the said sworn interpreter.
+
+          (Signed)           DUNCAN CAMPBELL.
+                             HEW DALRYMPLE.
+
+
+The Lords Commissioners of Justiciary fine and amerciate Ronald
+Macdonald, brother to James Macdonald in Allanquoich, and Alexander
+Macintosh _alias_ Reoch, now servant to Thomas Gordon of Fetterletter,
+in Strathaven, and each of them, in the sum of one hundred merks Scots
+money, for their not appearing this day and place, to bear leal and
+soothfast witnessing, in so far as they knew, or should be asked at
+them, anent the said panels, Duncan Terig _alias_ Clerk, and
+Alexander Bain Macdonald, their guiltiness of the crime of murder
+mentioned in the said indictment, raised at the instance of his
+Majesty's advocate against them thereanent, as they, who were lawfully
+cited for that effect, thrice called, and not compearing.
+
+          (Signed)           GILB. ELLIOT, I.P.D.
+
+
+The Lords ordain the assize forthwith to inclose in the Exchequer-Room,
+and to return their verdict against six o'clock in the afternoon
+to-morrow, in this place; and ordain the haill fifteen then to be
+present, and the panels to be carried back to prison.
+
+
+    _CURIA JUSTICIARIA S. D. N. Regis tenta in Nova Sessionis Domo
+    Burgi de Edinburgh, Duodecimo die Mensis Junij, 1754, per
+    honorabiles viros Carolum Areskine de Alva, Justiciarium Clericum,
+    Dominum Gilbertum Elliot de Minto, Magistros Alexandrum Fraser de
+    Strichen, Patricium Grant de Elchies, et Hugonem Dalrymple de
+    Drummore, Commissionarios Justiciarios dict. S. D. N. Regis._
+
+                       _Curia legittime affirmata._
+
+                                   INTRAN.
+
+    DUNCAN TERIG _alias_ CLERK, and ALEXANDER BAIN MACDONALD,--Panels.
+
+    Indicted and accused as in the former Sederunt.
+
+    The persons who past upon the assize of the said panels, returned
+    their verdict, in presence of the saids Lords, whereof the tenor
+    follows:
+
+    AT EDINBURGH, the twelfth day of June, one thousand seven hundred
+    and fifty-four years.
+
+
+THE ABOVE ASSIZE having inclosed, and having made choice of Robert
+Forrester to be their chancellor, and William Sands to be their clerk;
+and having considered the criminal indictment pursued at the instance
+of William Grant of Prestongrange, Esq., his Majestie's Advocate, for
+his Majestie's interest, against Duncan Terig alias Clerk, and
+Alexander Bain Macdonald, both now prisoners in the tolbooth of
+Edinburgh, panels, with the Lords Justice-Clerk and Commissioners of
+Justiciary, their interlocutor thereupon; together with the depositions
+of the witnesses adduced for proving thereof; and the depositions of
+the witnesses adduced for the exculpation of the panels, they all, in
+one voice, find the above-named panels not guilty of the crimes
+libelled. In witness whereof, their said chancellor and clerk, in their
+names, have subscribed thir presents, place and date foresaid.
+
+          (Signed)           ROB^T FORRESTER, _Chanl^r_.
+                             WILLIAM SANDS, _Clerk_.
+
+
+THE LORDS JUSTICE-CLERK AND COMMISSIONERS OF JUSTICIARY, in respect of
+the foresaid verdict of assize returned against the said Duncan Terig
+_alias_ Clerk, and Alexander Bain Macdonald, panels, ASSOILZIE them
+simpliciter, and dismiss them from the bar.
+
+          (Signed)           CH. ARESKINE, I.P.D.
+
+
+
+
+
+
+End of the Project Gutenberg EBook of Trial of Duncan Terig, alias Clerk,
+and Alexander Bane Macdonald, by Sir Walter Scott
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