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itaei 



H 






I 



3 A'iA 
(I-I-57 



I 



State Trials, 



VOL. XEK. 



State Trials. 



VOL. XES. 



NOTE TO THE READER 
FRAGILE 

THE PAPER IN THIS VOLUME IS BRIHI E 

PLEASE HANDLE WITH CARE 



COMPLETE COLLECTION 

OF 



AND 

PROCEEDINGS FOR HIGH TREASON AND OTHER 
CRIMES AND MISDEMEANORS 

FBOM THE 

EARLIEST PERlbD TO THE PRESENT TIME, 
WITH J^OTES AJ^D OTHER ILLUST&ATIOKS 

COMPILED BY 

T. R HOWELL, Esq. F.R.S. F.S.A. 



VOL. XIX. 
A. P. 1753—1771. 



LONDON: 

PRim'ED BY T. C. HANSABD, FETERBOROUGH-OOiniT, FLEET-STREET i 

FOR IX»NOMAN. HURST, REE8, ORHE, tc BROWN; J. RICHARDSON; BLACK, 
PARBT, & CO.; £. JEFFERY ; J. HATCHARD; E. LLOYD; E. BVDD; 
J. FAVL.DER; J. BOOKER; CRADOCK & JOY; R. H. EVANS; J.BOOTB; 
AND T. C. HANSARD. 

1813. 



• • -•• 



• • • 



• » • • • 



* • •• 

• • * • 



i 'IH-'^^-yy 



TABLE OF CONTENTS 



TO 

VOLUME XIX. 



*ii* The new Articles are marked [}^.2 



REIGN OP KING GEORGE THE SECOND. 

Page 
329. The Trial of JAMES STEWART, in Aucham in Duror of 
AppiDy for di0 Murder of Coin Cmpbdl of Gleaore, Mq. Factor 
for lus Mt^uty on tbe forfeited Estate of Ardahid, a. s>. 1752 ... I 

990. The Trial of MAAY SQUIRES and SUSANNAH WELLS, 
Widows, for an Assault and Felony committed on the Person of 
Elizabeth Canning ; aft the Sessiims-Hoiise in the Old BaOey, a. n. 
I7S9 «•••••«••#••«••••••••««•««•»•«*••••••••••••»•••••••'••••■•••••••••••• •••••• *o!» 

SSL The Trials of JOHN GIBBONS, WILLIAM CLARKE, and 
THOMAS O&EVILLB, fipr WiMbl aid Gorrapt PeiTiirj; at the 
Sessions House in the Old Baiky, a. d. 175S ^ 275 

SS2. The Trid of BUa^BETH CANNING, Sinnster, for Wilful and 

Corrupt Peijary, sA Juslioe-Han in the Old Bailey, ▲• d. 1754' ... 269 

S33. Hie Trid of TIMOTHT MURPHY, for Fdony and Forgery, a. d. 

§3L Fk'oceedings against Dr. ARCHIBALD CAMERON, at the King's 
Bench, May 17tli, on the BO of Attainder passed against him 
19 Goo. iL ftr hfmg in the RdbeOlon 174tf, a. p» 175S 734 



i0u rheJa^it §imkS »91Sta,XmStEaMt.IMMMS 







CM, Tk TM 4f LAWBEXCE Eari FERREKS, ftr Ae Mader «r 

A^n» I7W »*^ ■*« .,■■■■«—>— 866 



REIGN OP KING GEOBGE THE THIRD. 

Mt lWCM0riOHXWILKES,c«f.iHiaHiiaiCofpai;A.i>.lTeS 96S 



MA» VvMttfi m p mt Earn im m Aoam rfgtJbe \ wa pmmmwnil by DRY- 
DEN LEACH, iB«»t JOHN MOKET, JAMES WATSON, 
miA ROBERT BLACKMORE, dim of die Kii^s Meaei«eo» 
A. 9. 1765«««*«««« «««^ 0.*... *• lOQS 

ML The CMe of Sebote of Papets, being m Actkm of Tre^Mw by 
JOHN ENTICK, Clerk, egaoMt NATHAN CARRINGTON 
Md diree odier McMtngen in otdinary to die Kii^, a. d. 1165^. 1030 

64& Procoedtofi to die Cate of JOHN WH^KES, eiq. on two Infonna- 

tioMfiMrLibelf; a.i>. 1763— 1770 1075 

MS. The Cite of BRASS CROSBY, esq. Lofd-Mqror of London, on a 

Commitment bjr the Home of Commooa, a.d. 1771 1138 

514« The Caae of General WarranU; JOHl^ WILKES, esq. against 
ROBERT WOOD, esq. to an Acdon of Trespass, a.d. 1763, 
[N.] 1154 

H5. The Trial of WILLIAM Lord BYRON, Baron BYRON of Roch- 

datop fbrlheBfmrderofWilliimChtfrmlb,ei(i. A.P.1765 1178 



TABLE OF CONTENTS. 

Page 
516. The Trial of KATHARINE NAIRN and PATRICE 06ILVIE. 

for the Crimes of Incest and Murder; before the High Court of 

Justiciary in Scotland, A. D. 1765 ^ 12S5 

517. Ihe Trial of FLORENCE HENSEY, M.D. for High Treason, 

A. D. 1758 CN,] 1S42 



Adoshsa to the Cases of Wilkes and Canning 138$, 1418 



f ;■■;:..,. 



A COMPLETE COLLECTION 

OF: 

STATE TRIALS, 



529. The Trial of James Stewart,* in Aucharn in Duror of Appin, 
for the Murder of Colin Campbell of Glenure, esq. Factor for 
his Majesty on the forfeited Estate of Ardshiel ; before the 
Circuit Court of Justiciary, held at Inverary in Scotland, on 
Thursday the 21st, Friday the 22d, Saturday the 23d, and 
Monday the 25th of September, by his Grace Archibald Duke 
of Argyll, Lord Justice-General, and the Lords Elchies and 
Kilkerran, Commissioners of Justiciary : 25 George II. a.d> 
1752. 



THE CRIMINAL LETTERS; 

LiDCL OR Indictment. 

George, by the grrace of God, king of 
^t Britain, France and Irdaod, defender of 
l^Aitb. To our lo?it8, -— — macers of our 
c*«t of justiciary, messengers at arms, our 
*^«iffi in that part, conjunctly and severally, 
fptciilly coostitote, greeting. Forasmuch it 
>■ humbly meant and complained to us, by our 
^ trust? William Grant of Prettoograoge, 
^ our adrocate, for our interest, and also by 
^rbf it Janet Mackay, daughter to the lion. 
^Bgli Mackay of Bighouse, esq. and relict of 
^ deceased Colin Campbell of Glenure, for 
hcnrif, and on behalf of Elizabeth and Lucy 
^^•■pbells, her infant children, withconcourse 
^ oar said adrocate, for our interest, upon 



* See some obserfatioos on tbis>Case in Mr. 
lliniett*s ** Treatise on various branches of the 
CriBioal Law of Scotland," chap. 14. Of this 
^ msoy other remarkable Cases before the 
^vttetiry, no account was given by Mac Lau- 
li^ to bis Collection, because reports of the 
^ had been previously published. See his 
^^cftoe, p. 4, cooteots, p. 1.5. 

Aaealoua partisan of Stewart publishedjunder 
IW title of «* a Supplement to the Trial of 
^>ais Stewart," a warm and spirited arraign- 
^ sf the proceedings upon this Trial. I 
^ Made some eirtracts from bis publication, 
if tMi 1 kmom not the date. 

T0L.X1X. 



James Stewart in Aucharn in Duror of Appin, 
commonly known or reputed to be the natural 
brother ot Charles Stewart of Ardshiel, attaint- 
ed, and present prisoner in Fort- William ; and 
upon Allan Stewart, commonly called Allan 
Breck Stewart, son to Donald Stewart alias 
Vic Ean Vic Allister, fomeiiroe in Invercbom- 
rie in Rannoch ; and .since, or sometime after 
the 18th day of April, 1746, a cadet or sol- 
dier in the French king's service, or reputed 
in this country to have been such. 

That whereas, by the law of God, and the 
laws of this and all other well-govenied realms, 
murder is a most heinous crime, and severely 
punishable, especially when the same is com- 
mitted deliberately, and by lying in wait, and 
from a malice conceived against the person so 
murdered, on account of the*faithful discharge 
of the duty of his office. 

Yet true it is, and of verity, that the said 
James Stewart and Allan Stewart, commonly 
called Allan Breck Stewart^ complained upon, 
are guilty, actors, or art and part of the said 
heinous crime of murder, aggravated as afore- 
said, in so far as the barons of our Court of Ex- 
chequer in Scotland having, by commission 
dated the 2dd day of February, 1748-9 vears, 
appointed the said Colin Campbell of Glenure 
to be factor upon the lands and estate of Ard- 
shiel, forfeited to ua by the attainder of the said 
Charles Stewart, and lying within the shire of 
ArgvU, and in the neighbourhood of Glenure, 
the bouse of the said Colin Campbell, and alao 

B 



5] 



25 GEORGE II. 



Trial of James Slcivartf 



I* 



appointed Li in factor on that part of ihe for- 
feiied estate of Locliie), called Alamorc, lyinj; 
in the shire of Inverness, and in the neighbour- 
bowl of Fnrt-'\TilIiaDi, and upon the forfeited 
estate of Allan Cameron of Callart, in the shire 
of Inverness, adjoining; to the said lands of Ma- 
more, and l>in^ lietwixt Furt-William and 
Appin ; he, the said Colin, entered upon the 
said office, and proceeding io the faithful exe- 
cution thereof, did, among other things, at 
Whitijiimday 1751, cause to be removetl the 
said Jameti Stewart from Glcn<luror, a farm or 
possession that had been held by him on the 
said estate of Ardshiel : and in the month of 
Ipril, in this present year 1752, the said Colin 
Cam[»bell hati taken measures for causing to 
be removed at the term of Whitsimdny , or 15th 
day of May, now last bypa^t, certain other per- 
sons who were tenants or posvessors of farms 
upon the said lands or oslatc of Ardshiel ; which 
proceeding was by the saiil Jumes Stewart, for 
reasons known to himself, so much resentefl, 
that, without any warrant or authority from 
the tenants, or persons themselves, so intended 
to be remoTCil, he the said James Stewart, io 
the month of April last, came in person to 
Edinburgh, and caused to be presenteil, in 
name of the said tenants, to our lords of session, 
a bill of .suspension of the said intended re- 
moving, U|>ou divers atfected reasons, that were 
either false or frivolous; and having procure<l 
an order for answering the said bill, and a sist 
of execution in tlic mean time, he returned into 
the country, and caused the tenants intimate 
the sist to the said Colin Campbell ; who there- 
upon repaired to Edinburgh, where an answer 
haviiifr been made to the said bill, the same 
was refused by the lord ordinary, and the said 
Colin Campbell returned to his own house at 
Gleuure, where he might be in the way in at- 
tend the duty of his office, and to cause the 
said removing to be put in execution, and the 
new tenants introducied to the lands on the said 
15th day of May last. — And on account of the 
said Colin l^ampbell's accepting of the said 
office, and of the above-mentioned and other 
his proceedings in the faithful discharge of the 
duly thereof, the said James Stewart, and Allan 
Breck Stewart, conceived a most groundless 
and unjust rosentiuenf, malice, and enmity 
against him, and at length entered into a wick- 
ed conspiracy, barbarously to murder the said 
Colin Campbell, and tu liereave him of his life 
by the hands of the said Allan Dreok Stewart, 
who had but then lately come back frt^m fo- 
rtin^n parts into that country, and intended bOon 
to^rougntn beyond sea; and, during his said 
l:i>t abode in the country, had cl)i"t1y fre- 
({Mtrntpd the house and citinpany of the said 
J-iines Stewart. And, in prosecution uf this 
w irked cou*ipiracy, upon Monday \\w 1 Itli day 
of May last, on t!ie morning of ivhich day the 
»aid ( olin Campbell left iiis own liousr of Cf te- 
nure, tu gu to tort-^Villiam, in the country of 
Utchaber, about the distance of 16 compiited 
niik^t northwanl, in order totnuticttome binl- 
neii rplaiing to bis Hictory on th« estate of Lo« 



chicl, and from whence he was certainly ex- 
pected to return to the lands of Ardshiel liefore 
Friday in the same week, being the 15th day 
of the said month, when certain tenants on the 
lands of Ardshiel were to be removed, as above- 
mentioned, and others introduced in their room ; 
the said Allan Breck Stewart went from the 
house of John Stewart of Fasnacloich, which 
lies near to Glenure, to the house of the said 
James Stewart at Aucharn, lying in the same 
neiglibourhood, at the distance of about four 
miles northward; and there the said James 
Stewart was informcil, either by the said Allan 
Breck Stewart, or by his own son Charles 

Stewart, or by Siewart, daughter to the 

said John Stewart of Fasnacloich, that Ihey 
heard, or were informe<l, that the said Colin 
Campbell of Glenure was to go to Lochuber 
that day, and that he was to persist or proceed 
in the intended removing of the tenants of Ard- 
shiel (as the said James Stewart has, among 
other things, acknowledged in his judicial de- 
claration taken before the sherifl>substitute of 
Inverness ;) and there, after receiving such ad- 
vice, in the evening of the same da}', the said 
Allan Breck Stewart laid aside his own clothes, 
which he had brought with him, being a blue 
coat, scarlet vest, and black breeches of sliag 
or velvet, which were believed to have been 
brought by him from France, an<l \iliich was a 
remarkable or distinguishing dress in that part 
of the country ; ami then and there the said 
James Stewart furnished him, the said Allan 
Breck Stewart, with a suit of hi$, the said 
James's own clothes, being n dark coloured 
short coat, with silver buttons, trowsers, and a 
blue Iran net, in which the snid Allan dressed 
himself that evening. — And also next morning 
of Tuesday the twelAh of May last, when he 
\ei\ the said James Stewart's house, where the 
said Allan Ici^ behind hiui his own French 
c!othes aforesaid, together with his hat, and 
then set out, in order to lie in wait for the said 
Colin Campliell on his way, when he should 
return from Fort-William to' the lands of Ard- 
shiel, which lands are bordiTe«l on the north- 
east with the lands belonging to Alexander 
Stewart of Ballachelish, whose house stands 
near to the ferry of BulJacliflish, upon a nar- 
row arm of the sea called fjochlevin, that sepa- 
rates the country of Appin on the south, from 
that of l^lamore, part of I^chiel's estate, on 
the north Mde of it, and by vihich ferry of Bal- 
lachelish it was kno\in or expected, that the 
yaid Colin Campbell would pasK, in his return 
from Fort- William ; and, to the said place of 
Ballachfclish, the said Allan Breck Stewart di- 
ri'ctly went from the Imuse of the said James 
Ste««art at Aucharn, on this Tuesday the 
twettlh of May last; and from thence, the 
same day, accoiinpaniiil by James Stewart tlie 
vounger of F.i«<n:icloidi^ went to Glenco's 
house in Carnoch, about three miles farther 
eastward, where the dowager lady of the 
house is sister to the said Charies Stewart late 
of AnlBhiel,and to her the said James Stewart 
is natural brother; and, fruin thence, lie went 



»1 



Jot Murder, 



ibt nme day to the bouse of Callart, which 
nmetiiDe belonged to Allan Cameron of Cal- 
hrt, itUioteU, and was still inbabiteil by Helen 
Stevart his %v(dow, and also sister to the said 
Charles Stewart of Ardsbiel, and to the said 
isBMS Stewart, at which house he lodj^ed all 
tkat Tuesday night ; — and next day, beings 
Wcdanday, the thirteenth of Mav last, the 
Md iUsQ Breck Stewart came back, after 
eJSng again at Camoch, to the house of 
iiexuider Stewart of Ballachelish, near the 
ftny aforesaid, where he remained the night 
ttloaing ; — and, upon Thursday the four- 
taesth of the said month of May last, when it 
■igrfat be certainly expected, that the said Colin 
Canfbell would return from Fort- William to 
ibe hods of Ardshiel, and country of Appin, by 
tbe said ferry of Ballachelish, the said Allan 
Brcck Stewart waited about the said house, till 
about twelve of the clock that day ; and then, 
voder pretenee of going a-6shiog, walked up 
akm^ a bum or rirulet near to the said bouse 
to ti^ higher grounds, from whence he had a 
prospect of the high road leading from Fort- 
IFilliam to the lands of Ardshiel, and access by 
a short passage into the wood of Lettermore, 
danding upon tbe lands of Ardshiel, and ad- 
joiaiag to the said road on the south side, about 
I mile distant from the house and ferry of Bal- 
hcbeiisb ; and, having posted himself in the 
aid wood, near to the high road, by which 
tke said Colin Campbell was to pass, at a con- 
veoieot station for his wicked purpose, where 
be bad brought, or caused to be brouffht and 
t^aoed, one or two guns, or muskets, loaded, 
with which he continued some time concealed 
is tlie wood ; and, at length, about five or six 
o'ckxk in the afternoon of the said fourteenth 
4y uf May last, the said Colin Campbell hav- 
ing paMcd tbe ferry of Ballachelish, and been 
ttoveyed by the said Alexander Stewart of 
Ballachelish from tbe ferry to the entrance of 
tke wood of Lettermore, as he continued bis 
jamey |iassiog on horseback along, or through 
tkt said wood, accompanied by Donald Ken- 
itily, a sherilTs officer of Art^yll-shire, who 
was on foot, and bad LOt some space before 
bin, the road lieing bad for horses, and by 
Mango Campbell, writer in Edinburgh, a young 
■ui, wlio was then riding a little way before 
kiin; and behind him, at'some distance, was 
Juho Madu^nzie, servant to the said Colin, and 
tlio 00 borseback. 

AimI then and there the said Allan Breck 
Smart fired upon the said Coliu Campbell 
ffOD behind his back, and shot him throuj^h 
tke body with two halls, of which wounds the 
iiid Colin Camnbell died upon the spot, in less 
tbao an hour atter. 

Whereupon the said Allan Breck Stewart 
ihc opdfcd, and, from that time, appeared no 
ksKcr openly in the country ; but, during the 
ai|^ Mbwing, or about three o'clock in the 
■oraing of Friday the fifteenth day of May 
l>il, bs ctme to Carnoch, the bouse of John 
^■*^'*islti of Gleoco abovementioned, where 
W kiicksd at a window when the family were 



A. D. 1752. [6 

all in bed ; and the said John Macdonald of 
Glenco, and Isobel Stewart his ste|>- mother, 
got up, and went to the door to the said 
Allan, who then told them, that the said Colin 
Campbell had been shot detd the evening pre- 
ceding, in the wood of Lettermore, and that he, 
the said Allan, was leaving the country, and 
going the Moor-road, and was come to take 
leave of them, the said lady, and Olenco her 
son-in-law, which he immediately did, and 
went away, without entering tbe house, though 
be was invited by the lady to come in, and take 
some refreshment there. 

That, in tbe mean time, the said James 
Stewart, complained upon, remained at his owi^ 
house at Aucbaru, firom which, on the morning 
of Thursday, the 14th of May last, he sent a 
letter by John Maccol his servant, to Charles 
Stewart, writer in Auchintour, in which, inter 
alia^ he writes, " As I have no time to write to 
William, let him send down imi^ediately 8/. 
sterling, to pay four milk cows 1 bought for bis 
use at Ardshiel. '* And as he, the said James, 
hath judicially declared, (when examined at 
Fort-William, on the 2nd of June last, in pre- 
sence of George Douglas, sheriff- substitute of 
Inverness-shire) he did not see the said Allan 
Breck Stewart after the murder; hut upon notioe 
being brought to the said James Stewart, com- 
plained on, at his own house at Aucharn, im- 
mediately after it happened, on the said Thurs- 
day evening, by the said John Mackenzie, ser- 
vant to the said now deceased Colin Campbell, 
who, having \e\\ the said Mungo Campfa«ll to 
attend the corpse where it lay, rode away to get 
help or assislance fi»r transporting the same to. 
some fit house or place; the said James 
Stewart, complained upon, appeareil noways 
surpriseil or concerned at the news of the mur- 
der ; and neither he, nor any of his family, 
went to look after the corpse, or to assist in the 
carrying it, as others of the neighbourhooil did. 
And, u|>on the morning, or about noon of the 
day following the murder, being Friday the 
15th of May last, the said James Stewart, 
complained upon, sent Alexander Stewart, tra- 
velling packman in Appin, to William Stewart 
merchant in Maryburgli, with directions to get 
from the said William 5/. sterling, or 5 gui- 
neas ; and then told the said packman, that bis 
friend Allan Breck Stewart was going to leave 
the country ; and that it was incumbent on 
him, the said James, to supply him with 
money; whereupon, the said packman, that 
same day, repaired to Fort-William, ami deli- 
vered his said message from the said James 
Stewart, to the said WiUiani Stewait, who 
immediately caused his wife bring the packman 
three guineas, — with which the packman re- 
turned the next day, being Saturday, the lOlh 
of May last, back to the said James Stewart's 
house at Aucharn ; and, upon his arrival there, 
found the said James Stewart prisoner, in the 
custody of a party of soldiers ; and the said 
packman being allowed to converse privately 
with the said James Stewart auti his wife ; and 
having informed him, that he had only recei\ t<t 



TJ 



26 G£OilG£ 11. 



Trial qfJam^B Stewarl, 



[» 



^ IjrtiinMs from Wilttam Steivart at Marrburgli, 
tlio said James i^ewart took out of his nurse 2 
guineas, which he gave to bb wife, ueslrinff 
her to g^ife the same to the packman ; to go 
with these, and the three guineas he already 
hud, atid^also with Allan Breck Htcwart's 
clothes, to him, the said Allan : and, acrord- 
insfly, on the evening of that same Saturday, 
iifter the fsuid James Stewart had been calried 
off prisoner to Fort-Vl^illiam, his wife brought 
the said Allan Breck Stewart's clothes above- 
incntioned, to the packman, and defiFered the 
same tied up in a bundle to him, cootalninff a 
pair of red breeches besides the Mack breeehes 
above-mentioned, that wer6 the prO|)erty of 
the said Allati himself; and at the same 
tirrle, delivered to the packman the two gui* 
neas nbofc-mentioned, which she had re- 
ceive: d from her tiaid husband for that purpose, 
and directed the packman to go with tbeclothes 
and the five guineas, and deliver the same to 
the said Allan Breck Stewart, whom he would 
find or hear of at the house of John Maccol, 
bouman, having the charge of milk cows upon 
a farm or shealing belonging to Dougal Stewart 
of Appin, at a remote or solitary place called 
Koalisnacoan ; and the said packman, afler 
g'etting- his sujpper at Aucham, set out on this 
errand acconnngly that same night: — ^That, 
in the mean time, in the aflernoon of the said 
Saturday, the 16th of May last, the said Allan 
Breck Stewart was seen by the said John 
Maccol, Appin's bouman, in the heu^h of Cor- 
rynakiegh, a |nirt of the farm of Koalisnacoan ; 
whereas the bouman was cutting fire-wood, 
he heard a whistle, and, Itiokiug about, observed 
a roan, at a considcruble distance, beckon to 
him, whom, unon his going up to him, he found 
to be the said Allan Breck Stewart, who saluted 
him, by asking him how he did? And the 
bouman returned the salute, and told the said 
Allan, he was afraid it was no good action occa- 
sioned liis being in such a solitary place ; upon 
which the said Allan asked |iim, what he meant 
by that ? And the bouman answered, that he 
would, without doubt, besuspcctcdof Glenure's 
mnnler, who, he heard, was shot in the wood 
of Lettormore ; and that there were two men 
seen go from the place where the action was 
committed ; to which the said Allan replied, 
'riiat, if he was ri;>htly informed, there was 
hut one person conccrne<l in the murder ; and 
talking i'ui^lier of the matter, said, he did not 
doubt the family of Ardshiel would be suspected 
of the murder ; and that he believed James 
Stewart anti his son would betaken up, in con- 
sequence of their difference with Glenure about 
the lands ; but that their being taken up, would 
not be of any consequence to them, as there 
would be no proof, unless their own tongues 
betrayed them : and, upon the bouman's say- 
ing, fhat he wished he, the said Allan, would 
leave his neighbourhood, Allan tod him be 
could not, till Tic was supplied with money and 
victdals ; and insisted with the boaman, that 
he should go to the Strath 6f Daror (where the 
said James Stewart's ho«M of Aiidm lict) ftr 



money, and to the lady Glenco for a peck of 
meal ; both which the boaman appearing to 
decline, the said Allan added, that he, the bou- 
riian, must go to Fort-William with a letter, 
(which the said Allan tlien wrote with a wood- 
pigeon's quill be had gathered artiong the 
trees,) to William Stewart, merchant io Mary- 
bargb, who, he said, would glVe him money 
tipon reeeipt of the letter; and the boumao 
having also refused to comply with this propo- 
sition, giving fbr bis excuse, tbAt he heanl tbat 
all that went to Fort-William at that lime 
were taken into custody, the said Allan furtlier 
told him, that unless he should be supplied, 
from some other quarter, before next day, that 
he, the bouman must go to Fort- William, not- 
withstanding these difficulties, and that he, Allan, 
was surprised there was no money sent him, 
though It was promised to be sent him to tbat 
place. That very early in the morning of Sun- 
day, the irth of May last, the said John Maccol, 
bouman, went out of his house, to look after 
some cattle that he apprehended were amongst 
his corns, and then ooserved, coming towards 
him from the westward, a man, whom, at a 
distance, he took to be Allan Breck Stewart ; 
but, aiM>n his nearer approach, found him to be 
the said Alexander Stewart, packman, who, 
upon bis c6roing up to him, afler the ordinary 
salutations, ask«l tne bouman, if he had seen 
Allan Breck Stewart ? which the bouman hav- 
ing denied, the said packman told him, that he 
had money and clothes for the said Allan, which 
he (Allan) had try sled, (or agreed with some 
other person) to receive at that place from any 
one who should be sent af\rr him with it ; and 
then the bouman owned he had seen him, the 
said Allan, and that be was then in the heugh 
of Corrynakeigh, and told the packman, that if 
he went to an eminence, which he pointed out 
to him, and whistled, that the said Allan Breck 
would probably appear to him ; but this the 
packmaq declined, complaining tbat he was so 
ntigued with travelling the whole night, that 
he would not go, having been lately upon his 
own business at Fort- William, and having been 
obliged to go there again on the said James 
Stewart's errand above-mentioned; and there- 
fore desired the said bouman to deliver the five 
guineas, which he then gave him, to the said 
Allan Breck Stewart, together with a bundle of 
clothes, which he, the packman, had left at the 
root of a fir-tree then in their view, which he 
pointed out to the said bouuinn, who promised 
to deliver both to the said Allan as desired ; 
whereupon the packman, being much fatigued, 
went to sleep m the bouman's house ; and in 
the evening of the same Sunday, the seven- 
teenth of May last, af\er the said John Mac- 
col, bouman to Appin, was ^one to bed, he Was 
awaked by the said Allan Brock Stewart his 
knocking at the window of his the said boa- 
man's house, whereby the board or shutter of 
his said window fell in ; whereupon the said 
bouman got up from his bed, and went out, 
when be round the said Allan Breck Stewart 
rt&cdataomediitafieefjrom his home, who, 



»1 



JxJfT MHtder, 



r«R III 



togrtkc 
INfi 



•fit^fi^*! Ill 




Ibnol a!l, fold liiok, he itooil m ^reai ueeij of 
ifitik ; Hpnr t» :^ii -•r, *-■ ntno iveiil into 

^^unn Of* diih 
I hern hoiledf 
k in his hnni], 
;^ :, nil tliey come 
u iHifn or rivufet, not 
hiiu&e ; &n(U nt this 
I'l'ik asked the lion- 
iiiv body come lo tliat 
tar birn? i^hich the 
the Rffirmattve, and 
1 i^tljia the i]ve guineas he 
\ lexander Stewart, ihe jwck- 
' Mian Breck Stewart 

> ivithout \m ffend* 
<i i oil VVUhaui,aD(J^n- 
G hail been brought Tor 
'"•'»iti delivered to him 
<?'ii»enlioned, iliat 
>»(ewftrt the pack- 
1 \\\H fir- tree, and then 
d and tntiTated the bou- 
iOMieviliitit tti (hut pUcenejit iDnrning' cart) , 
b# fsa^lil dcUrerto htm the dark cob^ureil 
gnwunlfii with silver buttons, and a iiair of 
btch the taid hXHn then wore, aud 
tlpttfi UifDi and ivhich he told the bournan 
\\%« pti*|»eriy of the said James Stewart in 
Is it ' 'i it the bouman might re- 
liiil il' -^e ctolbes to the vdid 

Of if> .^*^.^.l .1 8tew»it hiB Hite; and 
i bouman promised to meet the said 
^ ABm ci»«^» mrwiMtig^ a^ lie desired; and ac> 
B omlittfl irtDti repaired next diorDing' 

^^kifdrr » the place appointed, at the 

^^Ki , Tur the mreiiii^f where he 

^^Bl ' 'br s;ttd Allan himself, but 

B^OBd&^j ' coloureil coal and 

H IfWUBin ^«iher with hit own 

■ taffMi or duli, kik nhicb be had brong-ht the 
B ■itkaagft tvater to the »iid Allan; und^ in one 
I tfili* pock#tft of the Hiiid short coat, the said 
^MOiAti fMiod a timal) powder- hoi'n« of a flat 
^ Siikr. tritli aome carviii|^ upon the horn, and 
B Mi w»x Ofi the itiviile thereof, for ineudin; 
^U|UrM«T 4f-* *'-tMi place the <iai<l 
^^^hIi BlUtmh w fVom that country 

pVM«lli« mi. -, ae proposed, by g'oinji a- 
#IM miiioltiQif ind deK&rt!*^ where there wa; 
■i #»illi«|^4imi3ie for the space of about 
i^laiii eofiijmtcd mi(e» eastward, to the coun- 
try cmDed f!antinch, rn the north-west corner uf 
miNlir r of the said Allan 

Bmli^r iidfi or relatione of 

L^liTC \ jufiun^;.t whutu he kqit himaelf ooti* 
nil M fivr a few day«, nnd was there seeit with 
4» " 1 I pair of reil 

Ir I w from that 

CNiDirv , auti utlj ih»i im i ji. tan i> seen or heard 
if jfitnii lingi}um, that the cuuipbiincni bare 
tttBaMe ti» kani. And m ;» let t*^r wrote hj 
iIbmI JaoiM 8iewart, ^inci" hi' w.ts laktn into 
cviadf Ml at-cimiit of tht* said inm-Kr h**nr- 
hg mm St Fmt- IVitharn the IDth y 

IwlUrcMed, To Mr. Juhti ^ ul% 

' li libfl aiguct \ whrreio iht said Jamea 



ding a 

AlTlID 



A. D. 1752. [10 

[rr4)fte«i gfmt deteatation of the murder, and 

great desire that the said Allan Breck Htewaii 
tnig^ht be apprehended, and, for that purpoce^ \ 
describes the i»erson and dresa of theiiaid Allan | 
he, infer aha, My 9, that he, the said Ailail| 
wore a pair of red breeches. 

From all which, and other facts and ctrcum* 
ataooes that will be proved agninKi the said 
persons complained uftoii, and particularly the 
tbreateoin^s of death and destruction,* whioti 
the said James Stewart, and the satd Allan i 
Bt^ck Htewart, above complained upon, havg I 
been henrd to otter ag^ainst the stiid Colin | 
Campbell of G tenure, now bfreated of his lifai, 
by the horrid murder and assassination nfore- ] 
Hatd, it will be made evitlent and pvoved, thatj 
the said James Stewart, and Albn Breck 
Stewart, compliiined ujKin, and each of them, 
are i^uilty, actors, or art and part of the said 
horrid murder. 

And as a part of this proof, there will be pro> 
duced certain documents in writing, and other] 
particulars enumerated and contained in an in- 
ventory or list lliereof, signed by the com- 
plainers, or either of them, copies of whicb 
list or inventory will be delivered to, or , 
nerved upon, the persons complaineil upon, at | 
the lime of eicecutin^ this libel; and the said 
tvritten documents, and other particulars them- ] 
selves, will, before trial, be lodged in the hands 
«f the clerk to the circuit court of justiciary, 
befcire which the persons complained upon aro * 
to be tried, that they may see the same. 

At least, at the time and place aforesaid, the | 
ttaid Colin Campbell of Otenure was barba- 
rouUy murdered, and the said J^imes Stewart, ' 
j and Allan Breck Stewart, above complained 
uprm, are t^uilty, actors, or art and part of the 
said murder. 

All which, or part thereof, being found ' 

* The author of the * Supplement* objedati^ 
the admission of proofs of particular threaten* 
in^ upon this general and ambiguous allega- ' 
tinn, which did not afford the panoel sufficient 
iuformatiflu to enable him to be prepared, either , 
to exculpate himself from tlie charge^ or to 
elide it by a contrary proof. 

As to the allegation of circumstances and pre* 
sumptions, Air. Ilume (Coram. Trial for Crimea^ 
c. 7, »ol. 1, p. 383,) lays it down that, 

»' Tlie rule of setting forth time and place in « 
a libel has relation to the main act only, or 
consummation of the crime, and not to the iskt* 
cumstances and presumptions which may be 
given in evidence of the pannePs guilt, or to 
inter that he is art and uart of the charge* 
With regard to the detail or these ; for instance 
in a case of murder, the preceding enmity and 
threats, the procuring of the weapons, the flight 
of the paimel, hii» tiohavjour when tuken, the 
blood found on his cloihes, and the hke; if the 
libel set I hem forth at all, it is matter of pare 
favour on the jirnstKJu tor's part ; he cannot ^ 
therefore be challenged, 4br ftlHnf 10 fdate 
ill em with all the aeeonipa«taieflti WtMa lilt 
ptmnd tnigitt flonieiimea deaire.** 



11] 25 GEORGE U. 

proTeu by tbe verdict of aD assize, before ODr 
lords justice-geoeral, justiee-clerjc, and com* 
mifsionert of justiciary, in a circuit court of 
justiciarv, to be bolden by them, or any one or 
more of Iheir Dumber, iritbin the burgh of' 
Inrerary, upon the 2l8t day of Seplerober 
next to come, N. 8. the said James Stewart, 
and Allan Brack Stewart, complained upon, 
both, or one or other of them, who shall be ho 
oonficted, ought to be punished with the painE 
of law, to the terror of others to commit the 
like execrable crime in time coming. Oiir 
will is; &c. — Ex deliberatione Dominorum 
Commissionariorum Justiciarii. 

Robert LErra. 

List of the PerMons Nama and Detignation$ 
that are to pau upon the AMtise of the said 
James Stewart^ and the said Allan Breck 
Stewart,* 

Argyll- SHIRE. 

Donald Campbell of Airds. 
Dugald Stewart of Appin. 
1. Colin Campbell of Carnuhin. 
John Maclean of Lochbuie. 
Donald Campbell, younger, of Scammadale, 
Duncan Campbell in Oban. 

* Previously to the death of Campbell of 
Glenure, there had been a long and bitter feud 
between tbe Campbell and the Stewart clans. 
It is to be noticed, that of the assizers from 
whom were to be selected the jury for trial 
of this Stewart, 25 were Campbells. 

The Justice general, who in deviation from 
the ordmary practice presided, was the chi^f 
of the Campbells, and of the 6fleen jurors 
selected by the Court, eleven were of hii 
grace's clan. 

To speak generally and briefl v as to the for- 
mation of the assize or jury, the course ap- 
pears to be this: Out of a general roll of the per- 
sons liable to be called on to serve as assizers, 
the clerk of the court makes up a list of 45, ni 
whom the presiding judj^e selects 15 to pass on 
the trial of the paunel ; these are presented to 
thepannel, who is asked if he have any objcc^ 
tion why tliey, or any of them, should not psK^ 
on his assize. ** As to which," says Mr. Hume, 
** our custom allows him not that freedom > 
which the prisoner has in Encfland, of settinc^ 
aside so many*' [a certain number] " of the ju- 
rymen by a peremptory challenge, or withoiii 
asst)2rning any cauie of dislike, but obliges him 
to specify with respect to any one whom he 
challengres, some lawful and just exception, 
why the man should not be trusted on such an 
occasion.*' Fifteen to whom the pannel shall 
not have successfully objected constitute the 
assize. See Hume's Commentaries, Trial for 
Crimes, ell, pp. 89. 99. 93. 106. 

TIm « Suppkuieot to tbe Trial of James Stew- 
tft' nflDtioiii, that " the LondoQ Evenmg 
FMoTDw. 5, [1758] took Mtica of thia tri^ 



Trial qfjamei SteXLort, 



[W 



Duncan Campbell at Aross. 
ArcbibakI Campbell of Knookbuie. 
3. Dugald MacdOgal of Gallanach. 
Donald Cam|>bell, bailie of Lochinnel. 
James Fisher of Duren. 

3. Alexander Duncanson of Kills. 
Archibald Campbell of Ormsarv. 
John Ricbanison, merchant at inverary . 

4. Duncan Campbell of South- Hall. 

5. Hector Macniel of Ardmeaniah. 
Archibald Campbell of Clachanseil. 

6. James Campbell, late bailie of inverary. 

7. James Campbell of Rascheilly. 

8. James Campbell of Rudale. 
Angus Campbell of Ardlarich. 

9. CoUin Gillespie of Bailliemoir. 

10. Colin Campbell of Skipnish. 

11. Duncan Campbell of Glendaraul. 
Hugh Campbell of Lix. 
Alexander Campbell of Ballochiel. 
Colin Campbell of Kildalvin. 

12. Colin Campbell of Ederlin. 

13. Niel Campbell of Duntroon. 
Archibald Campbell of Jura. 
Duncan Maclauchlan of Croich. 
John Campbell, younger of Ottir. 

14. Archibald Campbell of Daill, in Craignisb. 

15. Niel Campbell oFDunstaOiuish. 

BuTE-SHIRE. 

Archibald Davie in Glenrossie, in Arran. 
John Brown in Glenshervig. 
Donald Brown there. 
Alexander Fullertoun in Brodick. 
Thomas Macninch in Clachlands. 
Duncan Macmaster in Lamblash. 
William Hunter in Letter. 
Andrew Macbryde in Monimore. 
John Macbryde in Achincairn. 
James Stewart in Mid-Klskidale. 
Alexander Stewart in South -Kiskidale. 

Cii. Areskine. 

Alex. Fraser. 

Hew Dalrymple. 

N. B. The execution of the criminal letters, 
against James Stewart personally, was upon 
tbe 21st day of August, 1752 ; and the execu- 
tions against Allan Breck Stewart, at Aucharn, 
was upon the 24th day of the said month of 
August, and at tbe Market- cross of Inverary, 
the 25ib day of the said month of August. 

in the following words : * We are informed by a 
private letter from Argyleshire; that the ancient 
animosity between the Stewarts and Campbells 
la likely to revive, on the score of hanging 
James Stewart at Hallachelish, on account of 
the murder of Colin Campbell of Glenure. 
The circumstances of trying Jumes Stow&rt at 

Inverar^Ti the seat of the'd of A , is 

what his friends Hx upon to convince the 
world that he was hastily and unjustly con* 
demned."' 



13] 



far Murder. 



A. D. 1752. 



[II 



Ci?BiA Itinsris JovnciARn, 8. D. N. R^is, 
leota apud harg'uiii de InTerarii, yicesinio 
pnmodie Meosis Septembris, Anno Do- 
tnioi millesimo septiDgenlesimoquinquage- 
simofeGundo, N. S. per nobilem et preepo- 
teatem Principem Archibaldum Ducein 
de Arg}U, Dominum Justiciarium Gene- 
nlrm, et Patricium Grant de Elchies, 
ansi^rerum, e^Dominam Jacobum Fergu- 
son de Kilkerran, Doroinos Comroissiona- 
nos Justiciarii dieti S. D. N. Re^s. 

Curia legitioQ^ affirroata. 

His 51ajesty's Advocate naoTed, That the < 
Criounal Letters at bis instance, tor bis majes- 
ty's interest, and also at the instance of Janet 
Mackaj, daogfater'to the honourable Huf^h 
Mackay of Biglionse, esq. and relict of the de- 
ceased iDolin Carapbell of Glenure, for herself, 
and on b«baU' of Elizabeth and Lticy Gamp- 
bells, her infant children, with concourse of his 
said majeftty's ail?ocate, for his majesty's in- 
terest, s^aioj^ James Stewart in Aucharu in 
Ilnror ofAppin, commonly known or reputed 
to be the natural brother of Charles Stewart, 
late of Ardsbiel, attainted; and Allan Stew- 
art, commonly called Allan Breck Stewart, son 
to Donald Stewart, alias Vic Ban Vic Allister, 
sometime in Inverchomrie in Rannoch, and 
ttoce, or some time a(\er the 18th day of April, 
1746, a cadet or soldier in the French king's 
ferrice, or reputed in this country to have been 
such, might be called. And the same being 
•ccordin^y done, and the above Allan Stewart, 
commonly' called Allan Breck Stewart, lieing 
oft and divere times called publicly by the 
macer of court, and thrice called at the outer 
door cf the court- bouse, to bare compeared 
lad anderlyeo the law for the crime of mnrder 
oofomitted by him upon the said deceased 
Coha Campbell of Glenure, in manner at len^h 
•Motioned m the said criminal letters, he harmg 
Wes lawfully cited for that effect, hut not com- 
paring, — tbe lord justice general, and lords 
etouaiisiooers of justiciary, decern and adjudge 
Alho Stewart, commonly called Allan Breck 
fteirart, son to Donald Stewart, alias Vic Ean 
Vie Allister, sometime in Inverchomrie in 
lUsaocb, and since, or sometime after the 
18tb day of April, 1746, a cadet or soklier in 
tW French king's service, or reputed in this 
CiNtry to have been such, to be an outlaw 
isifagicive from his majesty's laws ; and or- 
te lam to be put to the horn, and all his 
SMfeable goods and gear to be escheat and 
ishrongbt to his mi»jesty's use, fur his not com- 
pstnng thb day and place, to underly the law 
Isr the crime ot murder committed by him upon 
t^ deeeased Colin Campbell of Glenure, as is 
Me foll^ mentionetl in the criminal letters 
niicd against him ihereanent, at the instance of 
WiUiam Grant of IVestoiigrange, esq. his ma- 
jeaj'sadvoeate, for his majesty's interest, and 
^ at tbeiostance of Janet JVlackay, daughter 
tetbebeooarable Hugh Mackay of Bighouse, 

aaad raliec of the said deceased Colin Camp' 
of GlHUVti for henelfi and on behalf of 



Elizabeth and Lucy Campbells, her infant 
children, with concourse of his nuijesty's ad- 
vocate, for his majesty's interest; the said 
Allan Stewart, cpmmonly called Allan Breck 
Stewart, having been lawfully cited for that 
effect, oft times called, and not compearing. 
Ahqyll, I. P. D. 

Inlran^ 

James Stewart indicted and accused at the 
insUnce of bis m^esty'i advocate, for his ma- 
jesty's interest, and also at the instance of Janet 
Mackay, daughter to the houourable Hugh 
Mackay of Bighouse, esq. and relict of the 
said deceased Colin Campbell of Glenure, for 
herself, and on behalf of Elizabeth and Lucy 
Campbells, her infant children, with concourse 
of his majesty's advocate, for his majesty's 
interest, as guilty, actor, or art and part of the 
crime of murder, committed in the manner 
mentionefl in the Criminal Letters raised there*- 
anent against him, and Allan Stewart, com- 
monly called Allan Breck Stewurt, son to Do- 
nald Stewart, alias Vic Ean Vic Allister, some- 
time in Inverchomrie in Rannoch, and since, 
or sometime after the 18th day of April, 1746, 
a cadet or soldier in the French king's serf ioe, 
or reputed in this country to have l^o sacb. 

Procurators for the Prosecutors. 

The right bon. William Grant of Pr«Bton* 
gprange. esq. his Majesty's Advocate. 

Mr. James ErskinCy advocate, sheriff- depute 
of Perthshire. 

Mr. John Campbell younger, of Levenside, 
advocate. 

Mr. Robert Campbell of Asnich, advocate. 

Simon Frazer, esq. advocate. 

Procurators for the PanneL 

Mr. George Brozon of Colstoun, advocate, 
sheriff depute of the shire of Forfar. 

Mr. Thomas Millar^ advocate, sheriff-depute 
of the stewartry of Kirkcudbright. 

Mr. Walter Stewart younger, of Stewart- 
hall, advocate. 

Mr. Robert Mcicira/ojA, advocate. 

His Majesty's Advocate moved, that the Cri- 
minal Letters against the pannel, and the be- 
fore-name<l Allan Breck Stewart, might be 
read. And the same was accordingly done. 

Lord Justice General, James Stewart, you 
have heard the criminal letters against you 
read. What have you to say to them ? 

James Stewart. Sly lords, I nm not guilty 
of the crime of which I am accused, and 1 re- 
fer to my lawyers to make my defence. 

Mr. Walter Stcrcart for the pannel. 

My Lord Justice General ; — I appear as 
counsel for this prisoner, James Stewart, who 
now stands at your lordship's bar, charged as 
being accessary to one of the foulest and most 
barbarous murdera that has occurred in any 
country ; the murder not only of an innocent 
gentleman, but, as will be proved, the pannel^s 



IS] 23 GEORGE IL 

own intinaU friend; and that without the 
soialleil provocation, save what |[reatly eo- 
hancea his ffuili, Tix. Glenure'a being in the 
liiithtiil diacbargfe of his duty in an office en- 
trusted to him by the poUic He is charged 
with causing Allan Breck Stewart lie in Wait 
for this unhappy gentleman, and take him off 
by a base and inhuman assassination, i am 
sensible, my lord, that the paonel, accused of a 
murder attended with so many aggraTatine 
circumstances, most appear berore your lord- 
ship, his jury and tlie world, in a f ery unfa- 
vourable Tiew. A certain indignation naturally 
arises in every humane breast against one sus- 
pected of so horrid a crime ; and this must 
net be a little increased by the malicious stories 
and insinuations industriously spread, which 
the panael, from -bis close copnnement, has 
had no opportunity of contradicting, fiut now, 
as he has put himself for his trial upon God 
and his country, bv pleading not guilty, until 
ihat country finds him guilty the presumption 
is for innocepce. This he has a title to de- 
mand. All 1 shall ask, however, is, that as I 
kaow his judges, so I hope his jury, and all 
wlio now hear me, will lay aside any prejudice 
against him, and will form no opinion, until the 
oiroumstances of the libel, the dtfeneea which 
I am now to offer against it, and the proof of 
both, be attentively considered. For myself, 
my lord, 1 must say (and I believe I may say 
the same for all the gentlemen on the same 
side with me), did I, aner the strictest inquiry, 
suspect the panncl to be accessary to this 
murder, it would be the last actwn in my life 
to stand up in his defence. But, my lordy we 
have gone through this libel with the greatest 
attention, and have taken a view of the several 
facts, which, after a precognition of above a 
thousand witnesses, are set forth to support the 
charge against the pannel ; we have heard 
from the pannePs own mouth his defences 
against this charge, which he avers he can 
prove ; we have heard, from the unprejudiced, 
the generai character he bears in the world, 
and, from the whole, cannot help concluding, 
that he is not guilty. We look upon ourselves 
as standing up for innocence, when defending 
this pannel. It is therefore our duty to defend 
him with that warmth which innocence claims 
as its due. 

In the entry of this trial, my lord, I cannot 
help complaining of most intolerable liardshi|>s, 
which this pannel has undergone since Nay 
last, when he was first incarcerated. My lord 
advocate's humanity, his tenderness to pannels, 
I can, from my own little ex|»erience in trials, 
subscribe to. The unjustifiable steps 1 am 
now to complain of, I must therefore lay to 
the charge of the private prosecutors. 1 dare 
say my h>rd advocate as little kuew of them, 
as he will now, when be hears, approve of 
them. The pannel, since tbe month of May 
last, has been kept in the ckwest contiuemcni. 
^4>r tke first six weeks, oo mortal was allowed 
aopeilofaim; afUr €hat^ iadnrd, fyr some short 
tme, epWniitpiMW mm giMB t« Imi wife, and one 
9 



Trial qf James Stewart f 



[16 



or two more ; but any who could be thought 
proper persons to prepare defences for his trial, 
were carefully denied access to him. And 
again, for a considerable time before his trial, 
he was dose confined, and all admittance re- 
fused. When his counsiel came to this place, 
and wanted to see him, we were told that none 
were to be admitted without a warrant from 
the duke of Argyll ; and a petition was ac- 
tually drawn, to be presented to your grace, 
when a message came allowing us access. 
His sons and his servants too have suffered the 
same close imprisonment. And all tlus not 
only contrary to humanity, but directly in tbe 
Ace of the act of parliament 1701, which dis- 
cbarges close imprisonment after eight davs, 
under the severest penalties. By the precau- 
tion of this private prosecutor too, the bar has 
been In a manner shut up against this pannel; 
all the old experienced counsel, though not 
brought to maintain th2 charge against him, 
have been retained from giving him their as* 
sistance ; otherways, in all probi&lity , I had not 
now been employed to opoi his defence. The 
pannel's house and his repositories have been 
three several times searcbM, and papers carried 
off by near relations of the prosecutors, attend- 
ed by a military force, ana without any war- 
rant. His wife and his sons, who by the laws 
of God and man cannot be called as witnesses 
against him, have beeu examined upon oath \ 
some of them five different times, to catch at 
any discerdaace, had there been any, in their 
declarations; and these very declaraiions are 
now proposed to be brouglit in proof against 
the pannel, while the declarants themselves 
are alive, and ought, by the fundamental laws 
of this kingdom, to be exatnined in presence 
of tbe pannel and jury. These are hardships, 
my lord, which, thanks be to God ! meet with 
no encouragement in this now a free country. 
The time was, indeed, when tlie feeble kiw 
was unable to protect the iunoooot, when the 
rules of justice were broke to pieces by the 
ruffian bands of power ; then our unhappy 
/country groaned under tlie intolerable yoke of 
arbitrary power ; then was scarce the form of 
a trial ; tlie best, tbe greatest of our country, 
even an Argyll,* fell a sacrifice to the will of 
tyranny. But now, my lords, tbe days which 
our fathers wished to see, and did not see, we 
have the happiness to enjoy. A fair trial, 
which the noblest could not obtain, the meanest 
are now entitled to, under the protection of 
laws, guarded by a government ever watchful 
for the good of'^its subjects, under which the 
keenness of private prosecutors will meet with 
no countenance or encooragement. The pan- 
nel, enjoying the privileges of every free-bom 
Briton, is now to stand trial before the judges 
and jury of his country ; and as his judges 
will shew tbe greatest impartiality, he ezp^la 
the same from the gentlemen of the jury. 
They will judge of the proof brought ifefoni 

* See tbe Cmo of Ibe earl of Avgyll, vol 
a, p. 8i3. 




IT] ^^^HV^ J^^ Murder. 

ikm* UviBff in ilietr ey« iKe exim^le of Al- 
'kU Go<r. hv VI hosi? linlv tmine tliev have 

-: or 

pnoB^ [ It erery man is jud^j^ed 

iccoriui^ w>. Tbey will consider, 

lJBAt«ilu«> M^ lo iiu^wer loGod|So ibev hafe 
Uiioiwrr la Uie wcirli), who will make a narrow 
lAil i]iip%rtaU ftcrminy inlu th^ir veiilict. At 
tk maatt lime 1 cnutiol Uelp say log, that, 
indaUUic hmrd«l ; 1 has suflcred, 

mpc«lbom« ptr <ane« that he 

it 10 IbIiM I»> ^ ' <ie coun- 

9 «flk biniAeli', v^ parti ca- 

br bmvMgeof i . u.^i .n^ character 

m llie worklt vHoii l^'^^^' wUiki proof 

llfMarwj loiu ' '-f^ }v\ar\c ^ crime. 

Iiiftriur tlialy'^ re Tutly 

OlirfKflBd tbadei ifcred rbr 

te fftttiMl} I vriU beg ie47e to lay before iLe 
aa aeootttii of the facls, which haire 
nm i» ibb profiecutiuo, as they really 
I uut as we have ^ol Ihem itom the 
» ovm mouth, at a time when it wiM 
tatere&i In hide the truth from Uf. 
Thm pumrit my brd« wa«i in possessjuit of a 
htm m Ibe «»tat« of Ardaliiel culled Glenduror, 
mi nwm Uckamao ui another callt'd Letter* 
mmm, mUet he had subset for about 70/. Scots 
» ycur, wbvT) f :<— ^ - ■■ appointed factor on 
tbecsiklftor Muary 1749. That 

C4**j."-i.c'J ...-- Hi4jndxhip whicii he 
cnl^rtained Inr the panael ia a rery 
mArittiT Hi- i'.ivi> him 1 li<' ftianag'e* 
Uir \, (lower 

km ma^ii . i aiise the 

Un^ m% he ahould think proper^ and took 
|tflHy fraoi the paimel bta bdl tor th':^ rent of 
lAs CMiila* al which it had been surveyed by 
tlvlttr«|i« of frxdivqui^r, ieavitit^ him to apply 
liiK oiMTphm m ibt ii«« nf Anlahierit children. 
Hn* agf^rencni irill be instructed by dis- 
«baign Mid l«Un tindf r Glrnure*a owi» haad. 
Iknnetiflw Mvri! Whitsutiday, 1761, Glenure 
tbt panit«i Hk yield the faroi of 
«f Itidi be th«D ppfsessrni, to Mt^ 
■T ilvlatfiolin - --^^icuLir fripod of 
bit, ^bo nflerrd an ii'< nt. Thi«i the 

tptiAedtttely l^..,^.,...* vtilh, %vithout 
a wartiint^, rind tnok tho fiirm of 
i^v livc*» from Mr. Camp- 
tni(inutd to iiplill the 
iiij . of him u'jirf^menl 
lire 
■ -'I in 
>rm ut Wliit- 
L^aiiist several 
of ArdshieL The 
idt ht didexpostu- 
it ihii^ teUing him, he 
ri iliem out^ aince they 
'''>''■■ * - / ihaD any 
oatlii 10 
u»ii peratnted 
the nnnnel, 
.^ti^lif al the de- 





imoCthfi 



iQidtt oul 1 ihoji meiDarial 



A.D. 1752. [18 

of the fnct, and presented it to one ofthebaroiia 
of exchequer^ who disapprnTed greatly uf 
Gleoure^s procedure ; but could du nothing to- 
wards putting a slop to the removing-, as a 
quorum of the barons was uot to be had until 
ihe next exchequer term. But be kept the 
(iieinorial, promising to represent tlie case to 
the whole barons ; and ad^leil) that he h:id no 
doubt, but they would (^ve an order to the 
factor to continue the teuunta in their poisca- 
iiions. The pannel upon thi$ advised with 
counsel, how the teuanis might be kepi ia )>09* 
aesaion until the exchequer term ; and, by their 
advice, applied for a suspension of the remov- 
ing to the court of session : And a bill of su«« 
jiensioQ bemu accoidingiy presented, a sist wi 
obtained, and the bill ordered to he answered |^ 
vhich sist was intimated to Glenure, upon tli 
panners returning Into lUk country ; and h% 
not kuowing the forms, having carried witli 
Kim the principal bill of suspension, and 
Glenure immediately givinir in aoswera^ Iba 
same were advised without the bill, and it was 
refused. This scheme of a siit^pension having 
failed, and Glenure persisting in bin resolution 
of ejecting the tenants npon the term day al 
whicii they were warned to remove, the pjinneJ» 
upon a second applicniion from the tenaati, 
wrote to Alexander i:»teivarl> notary public, to 
come, upon the 16th of diay.that thty might 
protest) and take an instrument ai^ainiit Oieiuire, 
if he proceeded to fjectinn; and when Alex- 
ander .Stewart excused himself, tb« t>anoeL 
sent a letter « by express^ on the 14th of >Iayi 
10 Cbartea ijlewart, notary in Auchiniourj to 
come on the ssimo errand, and, in a postscript^ 
bid hirn tell WtUiam Stewart to send down Hi, 
sterling, to pay four milk cows ivbich he had 
bought for his use at Ardshiel, and which the 
tenants had refused to deliver until they got 
the price, ttiough William Stewart bad wrote 
for them. This pofilscript is laid hold of hy 
the prosecutors, as a circumstance to tix llua 
murder upon the (Mmnei. But this, my lord, 
I atn not surprised at ; other letters of bis 
ahare the same fate, though, if possible, len 
criminal than this one: By what eonjumtioD^ 
or what mighty magic tbey cau be made ao, I 
own 1 cannot cot\jecture. 

The panne), in further prosecution of ib^ 
plan of takinio: a protest, on Thursday the 14tb» 
bad engaged James Stewart younger of F 
cloich, and John Stewart younger of Bel 
dielish, to be present on tlie l^tlif and witness 
his protest. But, on the Thursday ovenhig, 
the pannel received the melancholy arcounta 
Mf GIrnurt'i being murdered in the wood of 
l^ttermore. These are the facts which gave 
rise to that inveterate malice, which the hbel 
says induced the pannel to conspire the deattt 
of Glenure. The words are: '^ And, on ac- 
count uf tliH said Colin Campbeirs accenting 
tbefuihi office, and of the above-mentioned and 
other his proceedings la the faithful ditMiharge 
u( the duly thereof, the nnid James cooceivetl 
resentment,^* ^c. tlow umutt thia eouclusioii 
if» I da Uttmblv tiibi&it to ynur ImilAhipi. 

C 




I 



W] 



95 GEORGE II. 



Triel'tfjamet Steuart, 



[90 



After Glennre wat made factor, year lordship 
•€€0, they continued io the greatest friendship : 
you see the pannel managring the estate of 
Ardshiel under Glenure, removing from his 
possession of Glenduror, at Glen are's desire, 
without putting him to the trouble of a wsm- 
ing, and going and residing under Mr. Camp- 
bell of Aii'ds. He had no possession in Ard- 
shiel estate, as Lettermore was subset; his 
management of the estate was not taken from 
bim, and he was still allowed to remit part of 
the rents 4o Ardshiel's family. He has no 
eonnexion, by blood or otherways, with the 
tenants warned to remove; there is not so 
much as one of them of bis name. The 
estate was annexed for ever to tlie crown, and 
was ia. a few months to fall intoihe hands of 
commissioners, appointed by his majestv, wb^ 
would probably restore the tenants, as they of- 
fered more rent than those put in by Glenure. 
Can any mortal believe, that the |>annel, be- 
canse Glenure was to execute a removing 
against these tenants, should enter into so exe- 
crable a design, as to assassinate that gentle- 
man by the hands of Allan Breck, on the 14tb, 
when we see bim pursuing quite another 
acheme, sending for a notary and witnesses to 
take a protest against bim on the 15th? In all 
cases of murte, 1 do humbly apprehend, it is 
of necessity, that there should be malice afore- 
thought, which Is the essence ot; and consti- 
tutes the crime ; and all passions, particularly 
one of so extraordinary a nature as this malice, 
must have had some cause. I do submit to 
your lordtbi|>s, if there b the smallest apfiear- 
ance of that malice, or any thing like a cause 
assigned for it. But, even taking the story as 
it stands in the libel, it is a tale that can gain 
credit with no mortal. What earthly pur- 
pose could the pannel serve by such a desperate 
piece of villainy? Would the murder of 
Glenure prevent, the removal of the tenants ? 
Would not the murder of Glenure deprive him 
of the liberty which tliat scotleman had given 
bim to uplift the rents? Would it not put ft out 
of his power to help bis brother ArdshiePs fa- 
mily ? The pannel is allowed to be • judtcioua 
man, prudent in his actions beyond most men 
of his rank in the world. Can it be believed he 
would do a thing so directly contrary to his in- 
terest ? Suppose him capable of the crime, we 
roost suppose him the greatest fool, as well an 
the greatest monster that ever disgraced hu- 
manity. But, is this his character? No, my 
lord, a»he is a sensible man, an all who know 
bim will say, he is a humane, peaceable, good- 
natured man, looked upon as a father where 
be liFes ; straiM(er8 were happy to get their 
children under bis care, as in net he is tutor and 
curator at this very time to several orphans, 
who .have not the smallest relation to him. 

Here, my lord, I will for a little leave the 
naanel, anjf pve an acoooat of Allan Breck 
Stewart, wbo b diarged as the committer of 
this Burdtr, having entered into a wid^ed coo- 

rcywhb the paonel for that purpose. Wbe- 
he was the attual laiirdflnr or Mt, the 



pannel knows not ; neither is tt my business to 
say. 1 shall only point out what oonnexiona 
were betwixt the nannel and Allan Breck, leav* 
ing it to your lordship, and the jury, to judge 
if the circumstances of these connexions, as I 
shall now open them, or even as they are laid 
in the libel, are sufficient to tix upon the pannel 
his being a conspirator in this execrable plot. 
At the same time, there is no question but the 
prosecutora must fix the actual murder upon 
Allan Breck, otherwise the charge against the 
pannel entirely flies off. 

This Allan Breck Stewart, my lord, was the 
son of one Donald Stewart, a particular friend, 
and distant) relation of the pannel's. He died 
while his children were innnts, and, upon his 
death- bed, committed them to the care of his 
friend, naming him tutor and curator to them. 
The pannel faithfully executed this- trust, took 
care of the children's education, and managed 
their effects to the best advantage. Allan turn- 
ing extravagant, when he grew up to man's 
estate, and having spent what was left him by 
his father, inlisted io his majesty's servicot 
without clearing accounts with the pannel, who 
used to supply liim with money, and pay little 
debts for him, even after he became a soldier, 
though he knew he had already given him 
more tlian bis patrimony. This the pannel 
thought he owed to the memory of his deceased 
friend. Breck continued in his majesty's ser- 
vice until the battle of Preston, where being 
taken prisoner by the rebels he inlisted with 
them, continued with them during the libellion, 
and afterwards made his escape into France, 
and inlisted in the French service, where he 
still continues. Since he first went over, he 
has been in use, now and then, of coming back 
to Scotland, and staying a few months with his 
relations; be commonly landed first at Edin- 
burgh, and lodged in the house of one Hugh 
Stewart There he seldom went out but in the 
ni^ht, and more than once narrowly escaped 
bemg apprehended as a deserter. IV hen he 
came up to Rannoch or Appin among his rela* 
tions, be used to stroll about without any 
settM residence ; and where-ef er he came, he 
generally threw oflfhis French clothes, as they 
were remarkable and improper for that hilly 
country, and borrowed from any acquaintance, 
where -ever he happened to m at the time. 
Among others, he used to visit at the pannel's 
house, though he came sddomer there than to 
other places in the neighbourhood, as the 
pannel used to take a good deal of freedom in 
olamin^ his conduct and extravagance. About 
the beginning of Mareh last became over from 
France, was at the bouses of Balachallan 
and Annat, and went from thence to Glen- 
bdcky's house, where he continued until the 
end of Maroh, and while there he threw aside 
his French clothes, and wore clothes belonging 
to GlenbuckjT, or his brother. In the ban- 
ning of AunI be came to the pannel's house, 
immediately before the pamiel went to Edtn- 
b, and staying a day or two, went off with a 
cobmnd ahoii ooct wMi dour battOD|» audi 



bmsl 



Jbf Murder, 

flh«r MHf of ibe e(>untry dress, whicti he bad 
|ldlM up sl>out the punneFs bouse, rdiI con- 
iMi4 sliwiii^ Aboat itie cnunlry in th&l dress, 
ibe hf*^' ""<! of April, wlipo he returnefl 
kti st% and Brayed a Kinc^le niif ht. 

11... i ; rijy^ iibout one o^tiork ahar* 
lie returned » »ind fmmd the panne) upon 
where his servants u erfi covei in^ pota- 
Tliey continued there about a quarter of 
If in iKe bcsiripg ofiht! servants, when 
^tne froiii Mr, CacnpUrtl of Airrli 
l»tke pttnnd, desrringf hm) to come to lam at 
Kalttpofi bti9ines«; uj>on wbich tlie pnnel 
nvlketl with Breck from ihefiirld lu the nonse, 
it about fjity yards distance, nnd leavioer bim 
thae ftithoiii'goiag' in^ ivent direc^tly to Keil ; 
coDtiDoed there until betwixt teif »nd eleven at 
ni^t, when returninGr home tie luund there 
•ereral rlran^'f ra betfides A lion Ureck. They 
nipped all lOj^^uther, and continued in oneraom 
until ibey « f ut to bed, lireck lay in the barn 
mih the panner^ jions, and one Archibald 
Camcroo. The pan net batl no private confe- 
with bim ; they were not one moment 
iWes, nor ever in company^ but before 
faniily and the strangers. Early in the 
Dg of Tuesday the 12lb, before Breck 
out of bed, and withont set'in^ or «|}eakinj^ 
rUh bim, the pauuel went to Appin^s hou^ei 
Breck was fj^ne before lie returued, and 
nel bA» never &eeti him since. What 
be carried otf, be does not kuo%v ; but 
tutborised me to say, tlint what in laid 
tr - ' * !ient ftja^' be trut% that be went off 
*o I oat which he n&eil before. That 

be v^i^iii i'f lUlbicbtfli^i, Irom that to Gteiico'a 
boo*e,audtbentoCallart, and, on Wednesday, 
— - liack to ISaliachelj!»J», whtfre he stayed nil 
On Uic Tburaday, in the forenoon, he 
Bfttlaehelisb's servants in carryings ont 
, aud, after dinner, he ^t a tmI, and went 

itiy, conlioued tome time iu sight of Bal- 

llifadi*u and bi» servants, who were tarrying 
001 tbe dung ; but going a little up the water, 
a ridng grourtd intercepted their view, and they 
lair no more of him. 

Thm, my lord» is a true account of the con- 
nexion bftwixi Ihc paanel and Allan Breck 
' murder, as it will come out upon 
H draw this conclusion^ that tbia 
I ( :irii?»piiacy must have been laid and ron- 
brtween them in a few seconds, wliile 
nel wa« w:dkuijj from his potato* gf round 
tilns huu&e, at hiiy yards disinnce ; tor at no 
dlltf lico€ bftd they any prit'ate conference. 
Tkmehuu^lng the cbjlhcs, your lord^hi^^ sees. 
Via alioifether uuknowu to iLe puunel, and 
what Breck was io use to do at ibe panner^ 
booa«, and over ibe i« hole coun try. But lok- 
kf llie ttory oa It stands in ihe bbeK «vhu can 
pOMlbly befieve that the pannel wotdd have 
^ven Breck his own c1otiifc>$i to diii^uise bim- 
adf fur comnjiitiu^ this murder, or that Bceck 
#oolil have put ou tbia diifftiiiie tbur diiys be- 
$m9 the murder bapptnejlf Tbe libel says^ 
.Olttuurewas ccrtaiufv expected on ibe Thura- 
diay to return from i'oit^VVdliaffi to Ardshiel. 




a 1752. [« 

Would Breck then bare put oil bia disguise on 
the Monday, and g^one about piddtcty in it ? Nu» 
surely » my lord ; children would hnv'o conducted 
ft plot better than tht« ; aii<l yet upon thiscircum- 
stancp of cbang^insf clothes, as incredible as it ii 
Ikhejy repreateiited, stands one half of the pro* 
secutor'a hopes (if the libel contains them 
afl) of fixinff this crime upon the prisoner. 

J proceed to lay before your lonhbips the 
aequd to Glcnure's murder. Betwixt six and 
seven on Thursday evening, Mackeociif, 
GleouiVfl servant, called at the panners bouse^ 
and informed himi that his mailer was shot 
dead in the wood of Lettermore. Tl»e Hbel 
says, that the pannel ajmeared nowise Eirr* 
prised or concerned at the news; and that 
neither he, or any of his servants, went to look 
after tbe corpse. IM&ckenzie will not^ tispe not 
say so. The pannel shewetl that surprize, 
that deep concern, which every innocent man 
must feel at so uiiexj>ectpd and melancholy an 
accident He directed Mackenzie the nearest 
road to Glenduror, to call Mr. Campbell of Bo- 
kveolan, Gtenure*s friend, and, in the mean 
time, sent such of his family as could he spared* 
ami several oi' his neighbours, to take care of 
the corpse. Ou Friday nnoruio^, theday after 
the murder, the pannel received a message 
from Allao Breck, by Donald Stewart, rtepbetir 
to Ballachelisb, who bad seen bim iu tlie fields 
aliout nine o^clock in the evening before, when 
Breck told him^ that as Glcnure was killed, 
there would be a strict search for his murderer ; 
at)d he bcin^ a deserter^ it was proper for hiin 
to keep out of tbe i^ay ; be was iherefore re- 
solved to leave the country immeihatety ; that 
he would hide himself fur a day pr two in lb©' 
desart of Koali^uaooau ; and as be had no 
money, he herrffed of Donald Stewart to go to 
the panne], and intbrm him of this, and in treat 
bim to send a little money to bim at Koalisna- 
coan. Donald 8tewart they said to him, that 
he hoped be had no band in Gleoure's murder 
himself: npon which he took God to wilnest 
be had none ; but his being a deserter to tbe 
highland army, was tiie only cause of his ab- 
sconding, as he was sure be would be hanged| 
without mercy> if he wa* seized. Upon re- 
ceiving this message, the pannel sent Alex- 
ander Stewart, packman, to Fort- William, tivj 
one William Stewart, a merchaut there, lo get 
tiva guineas from him, telling bim, at (be samo 
time, that it was for the use of Allan Breck 
Stewart, who was ipoiiig ofi'thi^countiy, as he 
was a deserter, to shun the search which would 
be mode for the murderer of Glenure. Upon- 
the packman's return, be found the panod in 
the custody of a party of soldiers ; aoil as h# 
had got but three guineas from William i 
Stewart at Fort-Wdliam, the pannel gave bim { 
other two, and bid him go to Koalisnacoani ^ 
where he wuidd hud Allan Breck, nod give 
him tkie five guineas. Upon which the pack^ 
man went home with tbe pannet's uife, who, 
be ifi since informed, gave bim Breck's French 
clothe<i, which he had lel\ ai tbe panuershOiii* _ 
the Mouday bdore^ bat vvbicb tbe pwia *" 



aS] as OEORGE u. 

knew noChing of. As to the long episode in 
the iodictmeDt, namtiug the oon? ereations be- 
twixt Allan Brack aed the bouman, as the pan- 
nel knows nothing of then, they shall pass 
unnoticed by me. Only I beg leave to make 
this single observation to the gentlemen of the 
jury, that when this part of the libel comes 
under their consideratjoo, they will observe, 
that it can he proven by the oadi of but one wit- 
ness, and that witness swearing only to what 
be heard Allan Breck say ; consequently the 
mistaking one word must be of the most fatal 
consequence, for this reason, hearsay evidence 
is altogether rejected in law. They will like- 
wise consider, that what Allan Breck says, is 
said by one who wanted to clear himself to the 
bouman of the murder of Olenure, which the 
bouman charged him with ; for which reason 
be might be tempted to throw out insinuations 
against others. JLet the jury keep these hints 
in their eye, and then let (hero give what 
weight to this part of the libel their consciences 
can allow them. The pannel was taken into 
custody on the 16th ; on the 19tb it was ru- 
moured in Fort- William, where he was incar- 
cerated, that AlUn Breck was the murderer of 
Glenure. No sooner does the pannel hear this, 
but he writes a letter to Mr. Macfarlane, writer 
to the signet, expressing the greatest abhor- 
rence and detestauon at the murder ; tells him 
that Allan Breck was suspected to be the com- 
mitter of it, as he was that day seen near the 
place where Glenure was killed, and imme- 
diately disappeared. He expresses his desire 
cf having him brought to justice ; gives a par- 
ticular description of his looks and dress ; and 
further says, he was probsbly gone south, to 
take the first opportunity of going abroad ; and 
that he commonly lodged in the house of 
Hugh Stewart at the back of the Fountoin- 
well, when he came to Edinburgh.* This 
letter too is bronght as a point of^littey against 
the pannel. What strange and unaccounUble 
torturing of the most upright actions must there 

* ^* The letter here mentioned from the 
pannel to Mr. John Macfarlane, writer in Edin- 
burgh, had been shown to the governor of 
Fort- William, and was receive«l by Mr. Mac- 
farlane at Edinburgh, about a fortnight before 
any of the two adverlisemente, (vis. one, by 
the lords of the regency, and the other by the 
relations of Glenure, each offering a reward of 
100/. for apprehending Allan Bredc) were puh- 
lished in the news-papers ; and really contains 
a truer and more exact description of Breck 
than either of tbem does. But why the proper 
use was not made of this information frem the 

erisoner, is to this day a secret, and remains to 
e accounted for by bis then doer. . It was un- 
doubtedly a great neglect in him, and proved 
hurtful to the helpless James Stewart: for 
surely it shewed an early fondness in him to 
have the murderer discovered, aa no guilty 
verson in hia senses would direct bow to know 



TrudofJamei Steanirt, 



[24 



and find out his accomplice'* SapptemtDtto 
thnTrialofJaiMiStemrt. 



be, to make this criminal? This pupil, this re« 
lation, this friend's son of bis, whom be bad 
supplied with a little money, to keep him out of 
the hands of the military law as a deserter, no 
sooner does he hear him named as being j^ilt^ 
of this horrid murder, but he does all m his 
power to have him brought to justice: strange 
It is indeed to make this a crime ! What shonld 
the pannel have done ? Should he haye con- 
cealed the suspected murderer P No, my lord, 
he acted a more honourable part, such a part 
as tliis court will approve of; such a part as 
every member of it would have acted himsell'.* 

As 1 have taken up too much of your lord* 
ship's time already, I shall hut just mention 
such defences as occur in point of law, leaving 
them to be insisted on by the gentlemen who 
are to support me. 

And, in the first place, however willing the 
pannel may be to stond the issue of hb trial, it 
M our business, as counsel for him, to lay hold 
of every handle against it. 1 therefore submit 
to the Court, whether this pannel, who is only 
charged as accesssry, can be tried before the 
principal, Allan Breck, be iirst discussed. I do 
most humbly contend, he cannot ; Imo, Be- 
cause, if the contrary practice were allowed, 
probation might be led against the principal, 
though absent, contrary to the fundamental 
law of this nation; and it must first be proven 
he, the principal, committed the crime, *• primo 
* debet constare de corpore delicti,' before the 
accessary can be convicted. Sdo, If the ac- 
cessary must defend the absent principal, it 
may be of the most fatal consequence to both, 
though innocent. The princtpal's greatest 
enemies may be led as witoesaes, and such de- 
fences as would have been sufficient to excul- 
pate him entirely, may be omitted. 3iio, 
These priucipals are followed by the opinions 
of all lawyers who write U|K>n the criminal law, 
and likeways by the practice of neighbouring 
nations, particularly that of fingUnd ; where 
the principal must be attainte<l alter verdict or 
confession, before any judgment can be given 
against the accessary. But,4to, What I now 
plead, 1 humbly apprehend to be tbe law of 
Scotland ; for so it is expressly said, Reg. 
Msg. ch. 96, b. 4. Cluon. Attoch. ch. Bd, and 
39sUt. David S. And, agreeable to these, is 
the opinion of our great criminal lawyer sir 
George Mackeniie, Uid down in the strongest 
terms in his title Art. Part, paragraph 9th. 
5to. I must object for the pannel to the rele- 
vancy of this libel, that the facte and circum- 
stences mentioned in it, though they should he 
fully proven, are not sniicient to infer his 
being accessary to this murder. Every libel ia 
a syllogism : the major propoaition contains 
the crime, and the laws against that crime ; 
the minor containa the facts charged againat 

^ " Here Mr. Stewart was stopped by the 

D of A-"— and rebnkcd for saying that 

he or any of tbe other two judges would havn 
acted such • part.'* SiMtaiiit to tbn Trial 
ofja " 



25] 



Ji^ Murder* 



Ihci^jtaotl; aod the eoiiclits^ion is, tbat, from 
ihate i¥ci», be is ^itiUy of tlie crime, unci de- 
•ecMs ta iiidef tbe p« ins of law. Nov^f it Ike 
Afefilt cteffed do not amount to tbe cnme^ tbe 
■wnfiiMnii niy4l be iklse, aiiil ttie libel iiT«le- 

dU TliiSy I bambly apprehend, is tbe pre- 
Me, From the above narration of I be 
what obiter vaiions 1 bave alreatly 
I iViem, 1 bofic your k>rrisbips will be 
ofmmmtif thai ibe circuru stances char^^ed in 
the ubel are »o extremely vogue and Iriviat, 
Ibat iti^y are not suffident to brin^ the pannel 
OB^cf 911 much as a suspicion of being* g'uiUy 
•Ttliii bornd crime laid to bta ciiarge. 

Ifjraur lordaiiipfi «ball tbink proper to repel 
ikrM defimoea, and to remit tbe pannel on 
Ibii iodictmettt to the knowled^^e of an assize, 
wt huiDbly hope you will allow yg a proof 
if aU facta ami circumstaoces ibat cun tend 
to liit cxculpalicm ; particularly of his friend- 
" * > wilb Gleiifrr« ; of Allan Breck'a b<*iog' a 
er, and beio^ iu use to put of}' bii» French 
ciotbcs, and put on clothes belungingr to the 
family where be happened to be at the time ; 
•f the panners having no private confercnci^ 
»itb birti preceding the murder i of the mes- 
nfe which tbe pannel |^t Iram him after tbe 
viurtler, litddiog^ him send bim a little money 
to Koalisnacuai], where he was going; and^ m 
ffoeral, of all other defences that may occur 
11 ii0oeasar^ to tbe pannel in tbe course of his 
trill. I will conclude, my lords, with a single 
wari to tlie geuiiemen of the jury, that tbe 
Diore fla{^raut» the more atrocious any crime 
iti the more clearly and disimctly they will re- 
ipiire it to be made out to them : that as tbe 
ctioie It pr(i]>osed to he fixed ujion tbe pannel 
by pfcaumptiTe evidence alone, they will be 
mmov in distinguishing betwixt audi pre- 
Mafpyona as are cooclusive, and such as are 
aai so ; between such presumplinni as cfin 
ariie from no oiber cause but the pannel's be^ 
bg* io a conspiracy to murder Gleuure, and 
•QCh aa are mure naturally eiin$itrued to hare 
mea froto other causes. " If tbey Unil such 
prciBniptiuos, as that they can » before Almighty 
8ed, bnn^'in a verdict Guilty^ it is their duty 
Id 4a ao, and tbe law will have its vengeance. 
But lol tbetti have this 3ilway» in tbeir eye, 
titti belter twenty guilty escape, Ibao that one 
BBoceot man should suffer death by their 
Icnlict. 

Mr. Robert Mack in tosh ^ for the Pannel. 

^Mj Lord Juitice-General, and Lords Com- 
t of Jusliciary \ 1 appear also to con- 

»iDyifiiall mite towaida the defence of 

t^ts fMHodf who has the misfortune to be ac- 
caanl ^f « crime, wbidi every binly must ad- 
mil lo b« of the deepest dye ; and, as kid in 
Ifcft iviftktiDent, attended with the moit agg-ra- 
* J drcimstinces ; and I do it, my lords, 
<Kil of to opinion of my being in any de* 
1 to the task, a share of which t have 
to I bot rather tliat a poor man^ stand ^ 
iug lllil for bis life, may not be absolutely 
'^ " #f isiitMce, irb«ii UDCominoii en- 



A. D. 1752- 

deavours bare been uaed to deprive him ofabl« 
help. 

My lords, I dare sa}*, every one who speaks 
in thf*! cunPte^ on whatever side, will bet^iu iviih 
exprcssinir a d<itei*iatioii of tbe crime now 
char^^d ogainn the pannel ; if not in accusing 
the pannel, yet in this we shall all agree, be| 
Gondentn the miserable person, whose 
srience accuses himself of it ; whether he no* 
stands at tbe bar« or whether be flies from tbt 
aveugitig' sword of jnslice. 1 mmt acknow* 
Jetlge, that if the pannel has been guihy id, 
aooessary to this murder, beyond all C4Mitrii»| 
versy it conKtiinles him one of the gi eaten 
criminalu that tbid or auy other country caul 
affunl. Murder is a hdnous crime, whether jt| 
is the fate of tbe eminent or the obscure. But * 
thi^ murder seems tti be a aitnphcatioii of all 
puilt ; and as my duty calls me to plead iu de- 
fence of one laKouriu!^ uuder such an accusa/* 
tioo, 1 cauuot do it but \%ith the utmost con* 
cern. The very tnentiou of such barbahtv anil 
inif)uity, as was just now reiiearsed, could not 
fail to move every humane breast; but tbe 
rpadiocr of an indictment, such as we have it 
little while ago heard, is enoufj^b to iu$pirt,J 
horror t ven in the ionoceut/ It is still bardef* 
upon me, when I consider the unhappy suf}erer 
in that dreadful scene^ which is now to be the 
subject of trial J one agaiD&t wboiie life 1 should 
be tbe last man to excuse the smallest attempt ! 
one whom 1 knew, whom ) regarded, whom I 
bad the honour to be in friendship with : bia 
draih, bail it been common, would liaveatfect- • 
etl me ; hut his munler atfiicts me. 1 sincere 1^1 
reirret it, for his own sake, lor tbe sake of biSj 
friends, f*ir the sake of the poor disccmsoluHJ 
lady» who now weeps over her own widowily^ J 
and the orphan state of her infant cbihlren ; ij 
regret it f<»r the sake of the whole (and, that] 
stands polluted by the cruel shedding of in no* I 
cent blood I and, in a particular maoner, do ll 
regret it fur the sake of tbe Highlands of 8coti^l 
land, for which I own, from private con nexioua,] 
J cannot help bAviug a regard, uud nhicb I am X 
afraid have, by this unlucky accident, su^Vred I 
a deep |K»litical wound, that it may take timt | 
to rub t»lf the effects of; as being oble to fur*| 
ni«h 80 eiuiueot an instance iif barburi^m, ini 
spile rd' the noble attempt of the legi^lftiureiij 
and of all in the ailmintstratinn, to polish aii4( 
civilize ihem, to reduce ihcm to the righteouij 
plan of ihe government of this country, and ttt! 
a confitiLiiiLoual cquahty with the rest of thfrl 
united kingd(»m. 

My lords, for these reasons do I most heartily 
}otn in deploring this fatal catastrophe. At tbe 
same time, my lords, the defence i am now to 
plead, fixes my attention u))on a mure agree- 
able prospe^'t; that of innocence, ami nut of J 
g-uilt; and the importance of tbe issue justly I 
chalkntrcs my most Baogiiiiie eflbrts. V\aI 
have before its the life and fortune of a man, mi 
countryman, I believe an innocent, though no^l 
oused oue^ I mu%itbebeve htm innocent* rmi onlrf 
as I am yet ignorunt of aoy proof that I thniK 
should coDTict bim, but more, as 1 have oat 



S7] 25 G£ORGE IL 

been able, in a Terjr ftrict ioTeatigitioo, Id difc* 
cover from hitnst;!! toy fymptom ofguiti ; and 
as the pematioa of ioDOceoce may give cowmge 
to defend, so 1 persuade myself I need make do 
apology, if I am able to speak with that ear- 
nesUiess and freedom that becomes the conse- 
quence of what is at stake. And, on the other 
hand, I hope to be ezcusetl, if I fail in that ac- 
curacy and distinctness, which 1 conid wish to 
obserre, from a just regard to the dignity of 
this high court, and to the presence of a crowd- 
ed, and I dare say, an interested audience, who 
are ready to swallow with greediness erery 
word that shall he spoke on this subject. 

My loiods, before I go farther, I cannot omit 
obserfing, what I am extremely sensible of, 
and that is, the disad?antages under which this 
|>snnel enters upon a trial for himself, and all 
that is dear to him in this world, for what con- 
oerus ail that is precious to him in another ; 
disadvantages which we share in, who appear 
as his counsel. But when 1 say so, I would 
not be understood as meaning to insinuate any 
reflexion upon the conduct of the honourable 
gentleman whoprosecules for his majeitty : he 
does the duty or his oflioe, tlie duty which he 
owes to his king and country ; and gave an 
early proof in this matter of that candotir for 
which he b remsrkable on all occasions, by 
turning a general indictment into a special and 
circumstantiate charge. But, to use his own 
words, when hindered from doin^ what his 
humane inclination eonally led him to, bis 
lordship is here but half a pursuer: there are 
others ooncemed in carrying on this pfoaecu- 
tion ; and 1 am afraid their iust resentment of 
a murder, which they had all the reason in the 
world to be zealous in searching out the com- 
mitters of, has made them unguarded to mea- 
sures which 1 should be sorry to see retaliate ; 
and pushed them beyond the bounds of what 1 
would call humanity, perhaps think justice; 
and yet, while 1 cannot approve of their con- 
duct, 1 am loth, if I could avoid it, to be severe 
against it, not knowing, whatever I now think, 
how far rage might have got the ascendant of 
reason with myself, if in their place. One thing 
is obvious, that though it is true, that the justice 
of our law agrees with the common law of rea- 
aoo, in presuming every man innocent till he is 
proved guilty, yet we have rcaiion to fear we 
come li^e oppressed with prejudice, to create 
and propagate which, against this unfortunate 
pannel, no pains, no expence has been spared, 
with manifest intent to prejudge him in his 
trial ; and in this have some people been wise 
in their generation ; well knowing, that as pre- 
sumed innocence is a great advantage in a trial, 
so believed gtiilt is no small step to canviction, 
and otien anticipates the just foundations of it, 
which can arise only in proof. When I see, 
and am sorry for this, my kirds, in one view, 
yet do 1 most r^oice at it in another, as it 
abews the weakiiess of the cause that has 
Beaded anch artificial feet to support it, even 
io the bwioningt and which being removed, aa 
I hope my toon will boi Um inpcntnicture' 



Trial of Jama Stewart , 



[28 

boilt upon the false basis will also fail. There 
are other things too, which the law of the laml 
would intitle os to eomphun of, and which a 
few years oaore experience might make it bet^ 
ter become me to exdaiui against: a ckwe 
confinement of the pannel, contrary to the aa* 
cred charter of Uberty, which this nation boasts 
of; abd which illegal proceeding waa only re* 
luoved of late by the interposition of this Court ; 
imprisonment of wimesses to be adduced against 
him, where none had access to them but the 
private prosecutors, or their agents, removed at 
a distance from the check of my Lord Advo« 
cate's superintendance, whose oflaice, though il 
intitles hrai to investigate the proof of public 
offences, yet renders a privilege, dangerous to 
be indulged to every injured party, sale in hm 
hands. The pannel has had but short wamhig 
to prepare for his trial, tliough he was at great 
distance from the capital, from which only he 
could have counsel and assistance: and it is but 
ftry lately since his counsel had access to see 
himself; not for some time after we were in 
this place. These things 1 only mention, aa 
my brother has already fully opened them; 
and I mention them, my lords, as what may 
have aome weight with the jury, who are to try 
the pannel, (and whom 1 now consider myself 
as addressing) to remove the prejudices that are 
so naturally, thoui^h insensibly, imbibed with- 
out doors, and which especially arise in the 
mind from the unavoidable, though inconve- 
nient situation, in which a suppowd criminal 
must appear, even when as vet the law pre- 
sumes him not guilty, loaded with irons, ami 
surrounded %vJth guards. 

My lords, 1 do not mention, as a disad- 
vantage to the pannel, the place oif his trial. I 
think it can be none: there are reasons why 
this place may be more proper for the trial than 
any other, whether the pannel be guilty or in- 
nocent; that be may be either acquh or con- 
demned, and justice may take place where the 
crime was committed. And one advantage the 
pannel most surely profits of by the trial being 
here, viz. the presence of the prince who pre- 
sides in it, and who,*in a special manner, is tlia 
father of bis own country, as he justly ai)|iear8 
to be of this part of the kingdom. This of 
itself is more than sufficient to balance a dis- 
advantage, were it possible to suppose any 
could arise from the opportunity that affords it. 
At the same time, I would, with great defer- 
ence, observe (and I hope 1 may do it without 
giving offence, which 1 am sure I do not mean 
to do), that there may be something in this, 
which calls upon tlie jury to be cautious ; and 
I hope an attention to it will have the effect to 
make them rather lean to the favourable side, 
than be disposed to make any stretch against 
tlie pannel. It is the privilege of the subjects 
of this country to be tried by one another : yet, 
when we have thia advantage, and it is aa 
inestimable one, still it is to be tried by men of 
like passkms, i. e. like infirmities with our- 
selves ; and ail mao are more or less siiscep- 
title of pr^udtoe. I boye^ hQwercri I amf 






59) ^^^^^ >r Murder, 

mMj tmci to lUe tMm^ifir of such ft jury as witt 
bpfrntnpan ttie }»Aiitief''s trtu), that they yvjU, 
if utj ioeh tberc are, lay aside all regard lo 
cMmtry rdtio' tuns, divest them* 

lilf«i 9f tU ; I sit iUmn to the 

trial «Mi»ai' luuti i<i y\etil only to 

IImi IbfBt vf Ir Mucr rather to s^e in no* 

hy * ...,.,^-,1. si, than gnttl, un**i!ihed- 
ill OBodrmticd, uml ittctiiti-d to gife the 
Wf«vr«iir nn ihe (Viifniiraiite shle, Unless the 
Plvifili'i aranJ convincing. 

jHrttli m I ^ ri and pubtic, and 

iht^ytt ot* the wnViil are a check both Uf>oQ 
j^igi I Ynd jtiTT ; nnd as this murder has been, 
laH 'lect of an extended specula* 

l»s. ' t t'^r it : ( hope, be the issue 

•fiAy»L«iiL^ li be so cnnductedf as to 

I MUXktt ^ nnc^rned in it ; and, I 

Itmi^ couhl I susj>ect thai the 
rountry, or the court, could put any 
mt** ^ viho Hould ovtrlook their 
iiVi wbtch I dare say is 
M..3 I ' It. Ht lit case, I would put 
that, it I hey ha^e no regard to 
V aij.ul,! ree^ard theinseivei ; for, 
^iid, Nob«Miv is happy 
i ihe paniiers fate to- 
►rrow, aud what is proof 
I >;j|iuil another loo gaffer 
thk. £*«>ir trill, tlierefore, thou/,'h it i»re- 
ifgi ly alfala optfy those trho are iin*5er it, la in 
^^Kpivklsm ^ those who do try, 

■ iij lonia, liAvitij^ i^iil m much in general, 

{m4 1 Ikiolt I eouhC !«ay no les«) ii should be 
feiy mvinac aowto state what has occurred to 
9f m ib« ddeoce of the pannel against tUia 



b«rof njrou 




m 



l»rr#, my Iord<i| we have a most bar- 
iiMlctil • shocking murder, charged 
tm pe»ons ; hut with tbb miterial 
the two, thai the one is by 
teiBifiirinuAi charged as the actual ipurderer, 
hf liMBdf ; DO mortal along with him at the 
erf it ; and ihe other is only ai- 
ry tberelo, as having been in a 
cjoosptracy with the murderer: and 
to bi* tried, is this conspirator, 
l^ lanU, I do not diKtinf^tlj see, from the 
It as laid «{*aiii^! Hreck, what proof 
Itotwtll be of hi 'lA actual murderer. 

li^ttli at jirwit , from the way in 

•bi«^ Iba alory t« toiti, that there can be no 

Ct^ at t«m«l tio direct* no stttij^lying proof 
bttbftt n * - f [ um sure of, 

Ii impossible 
. w» 11 coo8pfracy» 
•jns accused we're 
**'^ my lord ad- 
I think, very 
fl liit cliai^'c 

' _. the 

Hr eoo«p«racy. find it is uputi the 
riiliaatit or impftri »>f th»-rp HrrrtuHtances, 
^lU •» ■itmi' For it 

li» N tmtf Jog ih& 




A. D. 17-.2. 

relef attcy of the indtctmeot. we mean to call in ] 
fjiie^Lion that murder ia a crime : and, for m^ ^ 
own part, las little coDlcst, that, asth« law noir] 
stands, the charfre against the paiiuel in thol 
general propoatU'iQ of the libel is relevaat, that ] 
he \s g-uiky , actor, art and part of the murder J 
of Gleoure, And I do farlher admit, that, if the ] 
pimiiFl has beeu accessary to, or il*e former of 
conlfiver of a conspiracy for perpetrating thig J 
horrid murder, he is truly na much art aud part j 
thereof, as the actual murderer: nay, wer«J 
tliQt the case, I should not hesitate to pro«^j 
nounce him, if (lossible, a greater en minal ihaiij 
the u]i9ci*eant by whnse hauda he accoinpltf^hed I 
the wicked assassination. But it is my busi<l 
oess now to endeavour to shew, that the cir*^] 
cumstaiices condescended uoou in the libel, ontll 
on which I must sup()05e the proof 19 to reit,4 
are not tantamount to the general charge ; or^ J 
in other words» that the premisses of the indicl*i 
meot, supposing them true, do not infer tbel 
conclusion, much less will they support it, | 
when they appear tu that light which J hop*'] 
the proot will pUce them in, divested of ih«] 
romantic dress of exajrgeratioD, in which fancy^j 
has dressed them. And when I attempt this, f 
I owo, my lords, it is not with design to in- I 
flueoce your lordships' interlocutor ; ihr^ ;is f 1 
have already admitted the general propositioti ( 
of ihe hbel to he a relevant charge, I suppos^ 
the interlocutor of the court will be confined toj 
that, it was the custom, not many years ago^i 
for the court to pronounce special interlocti*! 
tors upan such indictments as the one now un«^ 
der consideration, findinj:;' what factsor circum*! 
stances, Sf proven, would infer the charge :4 
but your lortUhtps^ later, aud, 1 think, bette^ 
practice, hos been to evade thai, as what, if ill 
imd any effi^ct to inflneuce Ihe judgment of the J 
jury, did in so tur deprive the pannel of hifl 
rightful privilege to be tried by the jury, aniT 
not by ihe court ; or as, what ludeed was mor« 
likely to happen, being a thing that had no 
eJfect at all, as the jury woutd judge ove 
again for themselves, what the court bad ineptlyj 
judged of for them. T say, therefore, my lordJ 
I do not speak so much ?or your lordships, t 
for the jury ; willing, 90 far as 1 can, to gutdt 
their attention to where I apprehend it ough' 
chiefly To he fixed, in the proof they ar 
to hear ; and to help them, if V can, to judgi 
on what part of it they ought to lay srress m 
forming an opinion of this cause. 

There is only one thing which 1 must sub 
mil to your lordships, and nhich I shall bu 
mention, as my brother, who opened the de^i 
fence, has alread\ offered it, and your lordship 
may hear more "of it in the reply to my Ion 
advocate; and thai is, the prejudicial <|ut8tio 
bow for the pannci, charged with an accessio 
to the crime of another, can be trieil for it, till 
the principal is Hrst discussed. Your lordship 
well know, that an accessary docs of iix owq 
nature follow a principal; till, then, then.' be 1 
l»rinripal, theri' ran be no accessar3% and lbi_ 
^inurupitl bein^ removed, the acces^iary is also 
tak(;it away ^ atid ibcre^r«, till the ooe it con- 



3ij 



23 GEORGE II. 



Trial qfjamet Stewart, ■ 



[S2 



victed, there b no room for tryiDg; the okber; 
io like inaDner as the principal being acquit, 
t]ie accomplices cannot be cunclemned. That 
the law stood formerly so, is most certain ; as 
appears from many authorities, which I tor- 
bear ciiiu((. How far this ie altered by the 
act of parliament, introduciod^ the law of art 
and part, will be subject to the judjj^raent of the 
court, where I lea?e it. But I must at least 
inform the jury, that, however the law stands 
in this matter, it is undoubtedly certain, that 
they, or any jury, cannot convict an accessary, 
but upon this supposition, that, if the principal 
were under trial before them they would con- 
vict himf '* Q.uando proceditur contra aliquem 
tanquam quod prcestiterit auxilium, debet con- 
stare principalem deliquisse." And the ifenlle- 
men of the jury will take heed to this, that if 
they shall find cause to convict the pannel upon 
the evidence tliat shall be brought before them, 
they do, in the most express manner, declare 
their opinion, that Breck, and no other, was 
the murderer of Gleonre. Nor must they 
hoM suflScient for this pnrpoie the presumptive 
couviction, which arises from his flying justice, 
and being fugitate and outlawed by the sen- 
tence we beard tliis day pronounced. The 
law says expressly. That no fugitation of a 
princi|)al is to be held for a conviction against 
an accessary ; and indeed, why should it? for 
tlie confesjiion of the |friucipal, were he now 
here, would not be evidence against the pannel, 
anil much less must his absence or run-away 
have that eftect So that the jun|f must here 
consider, that, before they can convict the pan- 
nel, they must have such evidence against 
Breck, as would condemn him, were he on 
trial. And so, leaving Mr. Breck till we see 
what proof comes out against him, the question 
is at present, upon what is the charge of the 
pannel's guilt tbundtd ? or, ar^ the circum- 
ataoces alledged iu the indictment sufficient to 
Aupport the accusation of art and part against 
the pannel ? 

And here, my lords, I do n6t propose to en- 
tertain your k>rdships with a nice disquisition 
on the kw of art and part ; &ufier me only, in 
three words, to ment'u)n that, so far as 1 can 
comprehend by the law of 2$cotlaud, art and 
]iart is inferred from circumstances antecedent 
to, concomitant with, or subsequent upon the 
ftctual Commission of a criuic. Now, my lords, 
when 1 look to the indictment before me, J am 
able only to perceive two facts condct^ceiided ' 
upon, from which the pannel's accession to this ' 
murder is to be inferred ; the clothes alleged to 
be furnished by the pannel to Breck before the 
murder, as a disguise to commit it in, and the 
ONNiey sent him after tlie action, to enable him 
to go oflf tlie country. These, 1 say, my lords, 
are, so far aa it appears to me, the only two 
considerablo circumstancea to infer accession : 
for your kirdahips will observe, there is an ab- 
aolate blank as to the principal neriod in which 
foak oqght to appear, the actual commiaaion of 
tM ertBie | al kaat, so far as 1 oan gather. 
tk«»iB Mi OBO oonooaitant circumatance al- 



leged against the pannel, which connects with 
the actual murder. And as for the circum- 
stance of the pannel's sending the money to a 
certain place, where as would appear from the 
indictment, be had no access to know that 
Breck was; as to, that, I say, and some ones 
of lesser moment, which I likewise take notice 
of, I take them to be designeil as a key to ex- 
plain into a connexion with the murder, the 
two facts already mentioneil, by shewUig a 
previous knowledge of the murder, which the 
tads themselves do not import, and yet with- 
out which they have no weight. Upon these 
two cardinal facts, then, attempted to be sup- 
ported by the other lesser circumstances, in my 
apprehension, lies the burden of theprosecutora 
cliarge. And 1 will beg leave to say a few 
worcb to each of them. . 

But, before {larticulars, give me leave, my 
lords, as shortly as 1 can, to make an observa- 
tion or two upon the nature of proof io general. 

And, my lordsi 1 think it is a common, but % 
well-founded maxim, derived from better ao- 
thority than mine, that, in proportion to tho 
greatness of a crune, ought the strength of the 
proofof it to be. The higher a crime is, and 
the deeper it draws in its coosequeocee, so 
much the clearer and stronger ought the evi* 
dence of it to be : and indeed justly ; for, I 
hope, bad as men are, corrupted as humaa 
nature is, it is not come that length, that vico 
is natural to mankind. 1 rather persuade my- 
self, that it costs some pains, by rooted habits, 
to extinguish the sparks of reason, which are 
the seeds of virtue. Ilere then, my kMrds, is a 
crime of so enormous a size, that it ia almost 
too big to believe ; murder, deliberate murder, 
assassiuatiou in face of the sun, in defiance of 
all law aiul government. What proof should 
tlien be expected of so monstrous an offence ? 
That one should sit down deliberately and 
coolly to form a conspiracy of bereaving ano- 
ther of his life, in so horrid and barbarous a 
uianner ; what degree of flagitiosity must nut 
be proved to suppose one capable ot it ? Sure, 
tliough many circumstances be brought to 
establish a presumption of guilt, yet to believe 
it is no easy matter. Must it then depend upoo 
guess* work? Is it to be tried upon questiona- 
ble evidence ? or, is a jury to be persuaded into 
it by art ? No, there must be the most |»al|iable 
and iucontestible proof ; aud, unless the evi- 
dence is full and plain, no credit, 1 n ill venture 
to say, can be given to so black, so detestable, 
und so unnatural a charge. It would almost 
require to see the blood of the innocent reeking 
on the luinds of the guilty. But w hat have wo 
here? Preauroptions built upon presumptions; 
siutpicioos, and these suspicions supported 
by others ; suspicions without ]»roof, nay dia- 
provetl. We have first to get over the belly of 
a good fair oharacter, which this pannel oad 
the happiness to posaeaa, a blameless, moral 
lii'e io private.* And,shoold he all at once have 

* There is a tradition that here the Lord 
Jmtice Genenl intanuptcd Mr. Mackintoih, 



S3] 



Jor Murder* 



4m\aSbeA to far fimiii the paths of Tirtae ? Coold 
be to nddenly shake off a regard to all that is 
Mcred f I should hare expeOed to have heard 
arfed against this pannel, theabandooed disso* 
lotMiess af his tnanners, the barbarity of bis 
uMvCythat his life was one continned course of 
widwdatss; ib short, erery part of his charac- 
Isr d s f uH d 10 narder ; that be was one inared 
ta the pradioe of it, and distioguished by the 
■on ooiMiMimated guilt : yet not one of these 
cata i usta— ea so nioch as alleged in all this 
ipnravatad eharge; and for a good reason, 
fB. That the eoiitrary is well kopwn to be true 
by (he pmaeculars themselves. Next, my lords, 
wfaeo we eccfc for a cause of such a malice as 
ooold pradoce this crime, we find a cause that 
never sufaaiBted ; a cause noways adequate lo 
the effect : resentment ; for what P For «e- 
oepliDg as office which somebody most have 
fp^ \ and none oould have made a more favor- 
able vs« sf, for the friends of the pannel, than 
this gcailensn did : ( for which reason they will 
he pftwcd to have been in good friendship long 
after that ;) resentment for tnniing out some 
tcnaals f/om an estate forfeit to the crown $ 
irreooeersMy lost to the family with which the 
paneel waa eooilecteii. This is the foundation ; 
and what is the soperstractHre ? Of a piece with 
k truly. Why, the murderer had on a coat of 
the psanel'a when he committed the brutal ac- 
IM, and got money from him atler it. Here 
b the proof; a circumstantiate proof it is called. 

Me ferda, I have no objectkin U> circum- 
•teniiate proof; what the law calls argumenta- 
tive evideiioe. I do adroit, that it is a legal and 
■roper sort of eridence, as much as direct proof 
by wiiacases. Erery thing is legal evidence, 
that is iuefa real and certain proof as ought, in 
meral justice and equity, to be receive<l : for 
what ia evidence of a fact, hut such testimony 
■a the nature of the case requires to induce a 
■eial eartainty of the thing testified P And an 
■iguiMat ia nothing else than what gives faith 
trcradit to a thing in itself doubtful, which 
psrfiKlly agrees whh the law definition of proof 
sr provmif, which is fidem facer e, 1 will ad- 
mit further, that circumstantiate evidence, 
wheo clear, is perhaps the most satisfying and 
eaevioeieg proof of any. Circumstances are 
iiitiiibli proofs : they will not bend to the in- 
rihsiion w parties: wimesses may be mis- 
lAea, may be eorropted : things can be nei- 
te; and therefore, so far as they go, deserve 
sibMled, oareserved faith. 

Batthea, my lords, the circumstances must 
kedsv, certain, and well connected : no blank 
ii the ebaiDy else all goes for nothing; the 

J with moeh vehemence, that a fair cha- 
r aod blameleM moral life could not belong 
■v nso who had been in rebellion against 
bag; aed that Mr. Mackintosh in the 
rmth ef the osoment represented to his grace, 
Ail it HMght he very difficult to say how many 
if the Afgyiea had been in rebellion against 
iksir kuM. 8ee • sole to the deposition of 
1>smM C^MpheU ef Akdi,iothe Proof. 
VOL. XIX. 



A. D. 1752. [S4 

arguments most be perspicuous, nervous, and 
conclusive. The same law that has said, 
** crimina posse probari, vel testibus, vel docu- 
mentis ant indiciis,'' as it requires " idonei 
testes," BO does it " documenta apertlssima, 
indicia indnbitata, luce meridian^ -clariora.'* 
We must therefore, my lords, carefully distin* 
guirth between circumstsntiate or argumen- 
tative evidence,, and bare presumption or^ven 
probability ; much more suspicion and con- 
jecture, with all which it has a near affinity^ 
and is therefbre apt to be confounded with 
them ; for they all depend on facts or circum- 
stances. But, says our i^eat criminal lawyer, 
sir Greorge Mackenzie, crimes cannot be proved 
by presumptions ; for presumptions are only 
munded on verisimilitude, and what may be, 
may not be; whereas all probations, especially 
in criminals, should be infallible and certain ; 
** conclusio semper debet sequi debiliorem par«. 
tem :" If otherways, says he, jud^ (or juries 
now) would be arbitrary. Probabilities, again, 
says a good reasoner, twenty of them alloweil 
to be such, arc not equal to one matter of fact 
well attested : they may strengthen the fact, 
but cannot supply it: they cannot be evidence 
themselves, because one probability may be 
set against another, and so mutnaJIy destroy 
the force of each other: and as for suspi- 
cions and conjectures) who will pretend a right 
to indulge them, where life and fortune are 
concern^ P 

Guarding then, my lords, against these things 
which are ready to mislead^ let us, and let the 
jurv, my lords, examine cautiously and can- 
<lidly the circumstances I mentioned, on which 
the burden of the indictment lies : let us see 
if they approach a proof; if they do not more 
|Mirticipate of the nature hardly of presump- 
tion, not at all probability, rather simpicion and 
conjecture ; or if they amount to a solid and 
suMtantiai circumstantiate or argumentative 
evidence. 

My lords, I mentioned first the clothes : 
and [lermit me, my lords, once more in ge- 
neral to obsoi've upon this circumstance, as 
itell as the otiiers that follow, that 1 do, with 
great submission, apprehend they derive their 
whole weigiit from a belief of the pannePs 
guilt, which it is indeed very natural to enter- 
tain from such circumstances as he now ap- 
pears in. The indictment sets out with laying 
down this crime in the most ugly colours, as 
indeed it jnstly does deserve ; and then sub- 
sumes, that the pannel is guilty of it ; and I 
venture to say, that, take away the influence 
which too easy a credit to this first position 
gives to what comes a(\er, all the circum- 
stances brought to support the charge will in 
a great measure lose their force ; so that the 
assertion of the charge is the very thing which 
supports the circnmstances adduced to prove 
it, than which nothing can be a more false cir- 
cle of probation. Prejudice, my lords, is liku 
a jaundiced eye, or a magnifying glass. To 
the first, every thing ii looks at appears yel- 
low ; and the last to appearance, increases 

D 



85] 



15 GBORGE n. 



Trial of James Steooatif 



[30 



the bulk of etery object to which it is applied. 
Jtut so prejudice discolours every circum- 
stance, turns the most trivial into somethin{jf 
of importance, and makes what is in itself 
indifferent, a proof of ^lilt. Can the troth 
Qf this appear more vended in any, tlian it is 
in the present case? 

My lords, I will not repeat the true fact, as 
your lordshi^is have already heard it opened, 
with respect to the clothes : had it been that 
Breck had really received them from the pan- 
nel, sure that of itself would not hare proved 
the pannePs accession to a murder committed 
by Breck at the distance of so many days. 
But has it any weight at all, this circumstance, 
as it has been told your lordships, and as it will be 
proved to have in fact happened ? A man comes 
to my house, and, without my knowledge, puts 
on, and goes away with my clothes; and 
when wearing these, a murder is committed : 
roust I be accessary to this murder, or, must 
1 be presumed accessary to it ? Breck, your 
lordships hear, was in iise of changing his 
dress : he had been six weeks at one time in 
Raonocb with these very clothes ; and because 
be has them upon him again at the un- 
lucky period, must the nannel for that be 
guilty with him P My lords, we have heard of 
Tillains borrowing, stealing clothes, assuming 
characters, feigning voices, and such like 
things, when about to commit crimes, of pur- 
pose to deceive, and to throw the suspicion of 
guilt off from themselves upon the innocent. 
But surely these are dangerous circumstances, 
and would need to be supported by better proof, 
before the lite of any man was taken away 
upon them ; or indeed what man is safe ? It 
will not avail that we keep ourselves safe, so 
long as it is in the power of others thus to 
brin;>f us into danger. Every man must so be 
at tbe mercy of others, obd those of the vilest 
of mankind. The libel indeed says, the pan- 
ucl furnished Dreck with his clothes ; but how. 
is that to be proved ? Did the pannel give him 
them ? No, my lords, we shall prove he took 
them, and went with them from the pannePs 
house, when he was not.there, when he knew 
nothing of it: But though he had known, as 
he did on former occasions, or though he 
bad with his own hands given them to Breck, 
would it have been proof against the pannel ? 
I cannot imagine it. I might admit, that had 
Breck never before changed his dress at the 
pannePs house, hsd this been the first time, it 
mi<>^ht have been a circumsunce, and but a 
Wi'ak one too, from which to presume guilt 
a^^ainst the puuuel : but when he had been in 
use of doing it, does there from thence arise so 
much as a distant suspicion against the pan- 
nel ? Whatever effect it may have against Breck 
to presume that wicked design, which I shall 
at present take for grunted be soon thereafter 
executed, (lo |iresuiue it, I say, against him) 
that he i:hunged, at so critical a conjuncture, 
bis dress ; yet sure it cau haie no influence 
against the punnci, m ho, till it is better proved, 
cannot be supposed privy to to horrid ao under- 
2 



taking in Breck. And this, my lords, puts me 
in mind to make a distinction, which I should 
have made sooner, that is, betwixt Breck and 
the pannel. And I must call upon the jury 
carefully to separate the parts of this indkst- 
ment, which refer to the one and to the other ; 
for, when they are confounded together, one, in 
reading or hearing it, is extremely apt equally 
to apply the effect of all the circumstances to 
both. The indictment has so chequered them 
through other, that it costs some pains to dis- 
tinguish them, and lay to the door of Breck^ 
and of the pannel, what separately applies to 
each, and seems to support the different chaig;es 
against them. To shew the necessity of this, 
i will but mention one paragraph of the libel, 
where this c<)nfuKion manifestly prevails. It 
is there first said, that Breck havmg come to 
the pannel's house on the Monday evening, 
James Stewart the fmnnel was informed by 
him, (Breck) or by his son Charles Stewart, 
or by Fasnacloicb's daughter, of G tenure's mo- 
tions and resolutions. And then it immediately 
follows, *< And there, afW receiving such ad- 
vice, in the evening of the same day, the odd 
Allan Breck Stewart laid aside his own clothes, 
&c." So your lordships see, that first Breck 
is said to inform the pannel, and then Brock's 
receiving such advice or information from the 
panne], (just inverting the thing) is laid down 
as the spring of Breck's actions, with a design, 
as is plain to extract guilt against the pauuel, 
from nis giving intbrmatk>n to Breck, which 
produced his action, when it was truly Breck 
himself that informed the pannel, as the in- 
dictment first asserts. This, my lords, may 
be an inaccuracy in wording the indictment ; 
but it is not for that 1 observe it: I mention 
it, that the jury may see how carefully they^ 
must consider and weigh every branch of this 
complex charge, as being heedless to one 
branch or circumstance mav have bad effect. 
And surely it is evident in this particuhir, that 
the weight of the circumstance, as laid agaiatt 
the pannel, wholly flies off by a just attentkm 
to the erroneous connection of the fact as nar^ 
rated. 

There is another circumstance of the indict- 
ment, which, though it does not fall so directly 
within my present view, 1 cannot omit taking 
notice of it, as it comes across my thought ; 
it is as to the iiannePs behaviour, when the 
murder of Glenure was first notified to him by 
Glcnure's servant. It is said the pannel ap- 
peared noways surprised or concerned. Alas ! 
my lords, what such proof of guilt is this? We 
have seen doubtful actions by the help of in- 
nuendoes construed criminally ; but to give 
that in evidence which was neither said nor 
done, to construe silence into ^ilt, is entirelv 
new ; and the author of this invention will 
deserve the ^lory of the discovery : this is, 
indeed, to conjure one into a crime. My lords, 
I could venture to invert the proposition, if the 
gentlemen please, and maintau, that a cuotrary 
behaviour, to any remarkable degree, would 
have becu more suspidouii * Tccmor eti aig. 



m 



Jbr Murder, 



kit 



' wm ctt^ii/ or in the words of the f»raverb of 
flsrowii wmntry , Tlie g:rcatcst thief cries first, fy, 
Bi0, my ftM^fti ttie fiict is dlflerent from what 
ilbllMlIlbeK It villi be nroved to yoar lord- 
MptMiillM jury, that the pannel, upon re- 
cdvUgHiit fiiiroe of^ 1 must call it inelancboly 
ttcnn^ fXfirMeil to ihe me^sengr«r a decent 
mnctrm wmA rrp^, thnngb ItUle did he think 
ai tlm lime, ihat his hphaviotir then would now 
be ii UM^bt toio jiidgtnetit agiin^t him« 
Of th« Mtoekttid with this^ niy lords, is an- 
ciieiraixUnoe, which I reiiieraber in the 
I (for 1 cannot go through them all ;) 
UH « letter of the piinnels to otie 
i^btwnrl* reeling to the price of intlk> 
* eottlm, my lotdn^ it is to me myste- 
I jflL ivlHa import this tetter is of as a proof 
iQtfl fM patinel. If it is, that the subject of 
led to he ttctitioiiS) that we shall be 
Mt lo ft«yve rtal. But what connexion has it 
wilki Uw daai^ ? I own I cannot fiud it out. 
Il wmdit iiiiifario me that this letter must suf- 
fer Mrlom, 4iid not a tittle of it, befbre any 
tlsii^^so krif|isee2ed out of it agaiim the |ran- 
wtL ll^li Qieiii mind of a saying^ of a gfreat 
yoi fcry wkleed polilict;mt cardmtit Maeaniie, 
wli« iesiid t« tiave housted, that, if he had but 
ImtloeB of e tnmn^t writing', with a few circum- 
ttvcn alleAeil by witnesses, he would cut off 
■•y aieii*! Iimd whtin he pleased. Thank 
Gail, we ^Pe^tlie in a climate different from the 
pootiff ruled iu : at>d 1 hope we do not 
i in Mood so much aa to adopt bia cruel 

Tbioe tllifigt, roy lordn, I hnre ibrowo out 
If file woy ; but aa to what I wsm itpon, the 
^^^■rtUoeie of the ctotheii, t ahnll onl^ add, 
I aa il la in truth, it aptieara of no weight at 
\ mo4 bad tt lieen nn m the indictment, t 
thought it a circumstance gretitly 
I alender to build any ibiog upon, 
roftly ttt<-n rfiTtaitis tlie other circum- 
iq' -^ (licb ia posterior to the 

iilrcndy hait nccn^iion to 
e, I «a oiii aiicover a concomitant circuru- 
_ td, utleix ibe arms be pointed at 
fee tkia fiiripose ^ a« I ob<ierte, there are twn 
fiOB meiitiQ^ed tti the list nf evidence^ im found 
HMukd if^jvr i»u fknriners hotise, and which 
foaibly U>«' ^ will attempt to pruve 

halianrbern ■ icb the indictment says 

Ifitfc hmd kruiight, m rriusrd to be brought to 
iboyU ce of the mnTr|*»r, Were any tbinj^^ of 
Mli lie pf ( ' ill tairly adfUU it would 

|p tiir9if*f f re, as it is one of these 

^' iVf points out ;• Opem 

•'• patralo non inlerfucril, 

*famitrc-nta > i Hfuniodaverit, 

*lrti>icii)o» Liet* Out I 

•PtwS tlnni:: Ilk' this 



i.» , ihUi. 1 iUnik it 

h fPftitiBolile ih' r wiiuld carry bii 

■■■ w^b h»m. ,i I s iirm to liii* wicked 

fVfaae, Ai i^ found conoe;ileiJ 

Wmr the pocirj are instructed to 

iay, tbcj iwtrt ui thu p«uoora boium »t the 



H^ A. 0. 1752. 

lime of the murder, and were hid ofler it for 
fL-nr of an apprehended search for aruis^by tho 
iiiilifary that was eicpected to come into the 
country. 

This therefore I leave upon the proof, and* 
idialt now, in a word or two, take notice of the ^ 
money sent hy the pannel to Breck after the 
njurder And here, my lords, I must be al- 
lowed to observe, in the first place, what air ^ 
George Mackenzie's doctrine upou this [loint 
is. Ilis words are, sect. 7, (tit. Art and Part] ' 
** assistance given after the crime is committed, 
scarce deserves the name of assistance,^' And' 
cites an authority for this opinion. 1 wilt ad- 
mit, my lords, that, if this pannel did, knowin|f 
Dreck to he the murderer of Gtenure, admi- 
nister help to his escape, hy furnishing him 
with money, he did a very wrong things ; per- 
haps was i^uilty of an offence, which the law 
would punisVi. — But it is an offence quite dif- 
ferent from that of accession to the murder. Il i 
is a species of crime by itself; and, as my ]ord.| 
advocate has not laid his proseeutioH for that, 
we have nothins^to do with it. At the same^ 
time, my lords, however wrong- such a conduct*' 
(nio^ht have been, yet it could admit of an ex* 
case. Your lordships have heard this Breck 
was the pa Duel's relation. He had been hif 
pupil, broui^ht up in his family till he went 
into the king'a service as a soldier; and we all 
know, my lords, the strengjth of compassion on ' 
such occasions, especially to our friends, it ^ 
would perhaps be hard to'punish tor it, Th«' 
worttile^sness of our relatione does not at once 
dissolve the ties of nature ; none of us can be 
sure, but we may have a wicked sou or a hro* , 
ther; and, in a case of this sort, it would ho' 
natural to wish to help him out of tl^e way; 
perhaps it would be wrongs, hut such is ilie 
known force of natural ties, and it, at least, les« 
sens the crime. However, here, my lords, the'j 
case does not apply ; for we absoliit*ly deny, 
tlitit the pannel knew any ibin^ of Breck*i 
l^uilt ; and »uch knowled^'e can never be*] 
presumed; he knew the situation he wai'j 
lu as a deserter, and the hazard of it, ' 
wlien tho mihtury were cominsr into the 
country to innke o search : and to be sure, bad' j 
tie been calcheit by the military, tliey would 
have saved your loidahips I tie trouble of tryio^ 
him, aupp4ising' him to l»e i^uilty : a court-mar- 
tial would have made short work with him, 
unless it hud tieen (as likely it mi^bt) ibov'i^ht 
more for the end of publi'c justice, to mo 1*0 • 
him suffer for so fla^ant an offence as this, 
than to hang him as a deserter. It was (br 
this reason, my lords, and not tVom any know« 
ledge of his guilt, that the pannel, upon Breck*s 
message to that puqiose, as your InrdHliips I 
have heard, sent him the money to enable bintl" 
to get otr the country, and go where bin bust* 
uess called him ; bis business, I say, roy lords ; 
but at the same time 1 call it his il)ei)fa{, hii [ 
unnatural business, us an enemy to his coun- < 
try, and a traitor to his king» And as to the 
circumstance which I formerly noticed, as 
teodiiig to t>oiut uuiihe ptun el *§ previous kuow- 



3t)] 



25 GEOHGE II. 



Trial qfJwMt Slemart, 



[40 



Icrft^e of Breck'g motions, by his knowing 
' where to seud the money, 4hougli be bad no 
accesd lo see Brcck after the munler ; as to this, 
] say, my lords, your lordships see no stress 
can be laid upon it, when you have heard that 
it was by a me«Mgefrom Breck that the pannel 
learned bis motions : so that still s<imeibing is 
desiderate here, whereon 4o fix that circaro- 
stance, upon which alone depends the paii- 
nel's accession, to wit, his foreknowledge of 
the murder. 

My lords, 1 liare finished what occurred to 
me on the circumstances of the indiotnoent ; and 
I am unwilling to weary your lordships. 

I forbear entering upon the booman's con- 
versation with Breck ; that is but one roan's 
story of what another said. It is but hearing a 
hearsay, or rather less ; and I know no law, 
no rule, it rather seems contrary to all rule of 
<;vidence, that one should suffer for what ano- 
ther said of him ; and that the very guilty 
person, as is here supposed. If he did say so, 
It might .be to throw the suspicion off himself 
with the better grace : but, be it as it will, it 
can be no evidence against the pannel. 

There is but one oilier thing in the indict- 
ment, which we have to finish this doubtful 
evidence, if it can be called so much, and that 
is, the threatenings ; but, as they are libelled in 
general, I cannot argue upon Uiem ; nor has 
the pannel any opportunity to disprove them : 
they must. therefore be left, till the evidence is 
concluded. 

My lords, I have said what I could, from 
such helps as were in my way, upon the nature 
and import of this sort of evidence which is 
now betbre us. 1 shall only say further on it, 
that this sort oi' evidence, when imprudently 
handled, may be resembled to the monstrous 
machine fiir making bavock of enemies which, 
when invented by a subject, was wisely 
smothered in the birth by the governor, lest, 
however convenient it might be when used for 
him, he mi»ht come one day to regret the in- 
vention, when he found it applied against him- 
self. And as to this particular case, I take it, 
that ev^ry individual circumstance, as laid in 
the indictment, so far as we know of it, will be 
unsupported with evidence ; that all pnt toge- 
ther do not amount to the char^. I think 
there are no grounds tor any private opinion 
of the pannel's guilt, but wha^t arise from pre- 
judice only. I think prejudice, or even opi- 
nion, has nothing to do with judicial proceed • 
itigs. It is the judgment that must acquit or 
condemn ; and that must, can only be founded 
OQ eviflence, on proof, not on suspicion or pre- 
sumption. 

I shall now take the liberty to read to your 
lonleiliips, and the jury, the words of a great 
criiniual writer on the common law, when 
treating on the subject of argumentative evi- 
dence. Math, de Crim. ad Tit. 15, Cap. 6. 
He is speaking of arguments, and taya, " Ar- 
gumentum est neceasariam, cujua conseqaen- 
tia est necessaria, faluti ooivisse eam'qna 
pcperii; contingeoiy cojut conacqueDtia «l 



probabilifl, veluti csedem fecisse qoi cruentalus 
esf Then be adds, " Contingeutia argu- 
menta, quamvis tinguk fid«m uon faciaat, 
plura tamen ooi\juucta crimen manitestare pos* 
sunt. Hsec ap|f^lantur pnesumptiones ; pne- 
sumptio eoira nihil aliud eat, quam argumen- 
tum verisimile ooramuni scnsu peroeptum, ex 
eoquod plerumque fit, aut fien intelligitur :" 
And be gives the following example of an surgo* 
mentative evidence which may oondema, 
which I beg the jury wjll attend to, " Ocoisus 
est kaleodii Mcevins ; Titiiia perenapti inimi- 
cus fuit eidem seepiua nen solum interminatus, 
sed et inaidiatua est: cum deprebenderetor 
iisdem kalendis in loco ccsdis cruentalus cum 
gladio oraento, ad meosuram vulneris fiuito, 
toto vultii expalhiit, interrogatus, nil respondit, 
trepida fugit. Hie singula (says our author) 
quidem ar^menta infirmiora sunt, nniverta 
tamen oedis auctorem Titium evidenter design 
nant." And I most heartily aj);ree with tha 
doctrine, and shall leave it to the jury to judge, 
how far the proof brought against the pannel 
comes up tothisstandanl. 

1 shall conclude with laying before the jury 
'the words of a great jud^ and lawyer of our 
own country, on an occasion somewhat siniUar 
to this. It is part of my lord Cowper's speech 
upon the bishop of Rochester's trial, where 
the evidence depended on ctrcunistanoes, as U 
does here. His lordship says, ^* The wisdom 
and goodness of our Uw appears in aotbiaif 
more remarkably, than in the perspicuity, cer- 
tainty, and clearness of the evidence it requires 
to fix a crime upon any man, whereby his life, 
his liberty, or his property, can be concerned : 
herein we glory and pride ourselves, simI are 
justly the envy of all our neighbour nations. 
Our law, in such cases, requires evidence so 
clear and convincing, that every by-stander, 
the instant he hears it, must be fully satisfied 
of the truth (and certainty) of it. It admits of 
no surmises, innuendoes, forced consequences, 
or harsh constructions,* nor any thing else to 
be offered as evidence, but what is real and 
substantial, according to the rules of natural 
justice and equity."f 

These are my lord Cowper's words as we 
have them given us.t (" It is very true, tlie 
judgment of the House of Lords went against 
his lordship's opinion in that question ; but I 
must presume that the judgment of thai 
august assembly, though against his opinion, 

{iroceeded upon the principles established by 
limself ; and though it had been otherwise, the 

* Lord Bacon says, " Judges must beware 
of bard constructions and stnuned iui'erences ; 
for there is no worse torture than the torture of 
laws." Fo. Edit. vol. 1, p. 440, 441. 

f See New Pari. Hist. vol. 8, p. 338. 

I *« Here the D of A said to Mr. 

Macintosh : * But that opinion^ Sir, was over- 

* ruled ;' to which Mr. Macintosh answered, 

* It is very trae,my lord,' &c. as w the paren- 
thesis.'* Supplement to the Trial of Js 
SlewMrt 



*l} 



for Murder^ 
wmilil KtiU he, ^otHi^ as reaXMMiij^ is 

1 niAjf ; iidopt what 

MDfttMi'i > Mu Ihttt occa* 

I, Wk Mlo«v*^ '■*' In th^ m^ below you, the 
tm baill u^ioi) circumstitnces, au<l 
llM»B«iv«Htl to b« tappnrteiil by other eircuin* 
iM09i«t Uil all of tbem are to rctaote, so 
I 1 mAy «Av 90 inoOeusive, that 
•«it miiy hni tiere.*' 1 think the 
chargetl against the paum-l 
ftMt Ml may «m« lier«. 

■y latiK I liftf iiartlofi for saying' so mucli ; 
I liii^%4Mr |«»riuiiip&i%ill excuse it^ for tiie 
niuai i fm*r •- ♦'■^ rntry. I «iUall only fur^ 
iImt «|i|| tbi' ' t is now on trial for his 

Wit I iManr I n 1111:01 i^nre ; he pleads 

\«t Gflilly i^ ' it is the ati- 

■ffrr •! eT<t; a give bmi a 

tCMd dttlmtwice 1 Aod tl he tails* jet it be as a 



%o iHilice* to expiate fruilt^ an<l purge; 




not as a victim to the bUoU 
ftvjr «f hit cocmies, or tiie rage of the de- 
crmmi^tfkuh^ to appear popular prejudices, 
«r H HT fl iMiiiii ckmour aud outcry. 

5Ir. Frascr, against the Pannel* 

Mj tiOfid J Ofldee- General ;— I appear at 
far Mtm, Campbell of Gleoure, and 
ebildreo, against Jaotes 8t ewarti 
iIm fiiiKMel, accused as s^uiltVi actor, art 
m liMc mttrder of Cotin Campbell of 
If mBiitrder ag^gratated by itg being 
1 ffmm a titatlcious hatred and resent* 
Mr. Campbell, ou ac- 
tlif l!bi' ( schars^e of bis duty id 

kiaim^adlo bim by iiis majesty. 
Tim orioKf my bird, im in itself so horrid^ 
n4 ha ^kmpftmnt inslaoce t« Htteoded with ag- 
] ^rcoiOMancea of «ucb au extraordi- 
Mry wMtum, aa must rouse the indignatioa of 
crarv »f t h y fiirQib«r of Bt>clety, and call 
hiaAf §» ill* moat Bevero and exemplary pu- 
liiteHil. Mordflr baa always been looked 
m^ tdp IB* af the moat heinous crioiei ; but 
kaO otiI^bmI cMwotries^ at all times, that base, 
I species of tiMirdar, assaaaiiia- 
M in still i?reac«ri as more de- 
: — what than muat be the 
•f ibat mao^s Squill, who deliberately, 
il, in col4 blood f duno|f times of full 
I HMt in tb« BDoat contemptuous desfiite of 
coromits this most treacherous 
I abbtirreii of all murders ! Heavy as 
llfii laad isT Qtult is, 1 am mirry to say, my 
M, H (Am with iu utmost weii^lit upon the 
pMMiriioir bvfore you; which renders this 
M of mat iai|iorUri< > ' inl, 

bi of tull grcalM- to « »1. 

lfaaBMMM,etpalila, ii> .v;;^" v*^uti 

inali<:e con- 
fa their btvts^ 1 . :.; u.>, lor days: if 
mA mm MwfftmA te go tiapumtheil, who 01 us 
4ii«slb« whaii&dividflul. hovv4:>v(>r inoooent, 
iiwiv %€■«•« hiM^e?4 1 rlv iniiiled to 

#• fMhHo ps«vltcti«ci 1 i 4, I hi«|ie, my 

My wtt an Mil of grsAlifr itii|»ortaiice than th« 



ii«.hi»bMb«1 



A. D. 1752. [4S 

aafffty of individuals, the interest, the hoaotit ] 
of Uiis country is very nearly coDcerned^ uot to 
suffer the most during aud hare^f^ced insult t# | 
be offered lo his uiajvsty'a auth<j*ity and go* < 
vernment ; aod offered «it a time wheu we, i^\ 
common with hi& majesty ^s other subjects, ana 
reaping the fruits ot his mo^t lienign reigo : I 
say, my lord, our interest, our bottour is cod* | 
cerned, not to suffer this without endeavourtof j 
to wipe off the stain from the country, to shei» ] 
the king, and to shew the world, that this isJ 
ilic bloody deed of one or two iiickcd and dea* [ 
perale men ; a deed which the country ahhorsiy ' 
and which it will not suffer tu go unpnoished. 

The gentleman who opened the defence, my J 
lord, has been (is good as his word, and ha9 I 
given indeed a plausible accoiuit of this affair} , 
which mukes n»e think it necessary to lay be* ' 
fore the Court, as distinctly and aj» concisely afl | 
I can, that Rtate of the facts which there is 
greatest reason to believe the proof will ssi« 
blish. And, in doing so, I hope to give yo^l 
tord'ibips a more just view of this extraordinarj T 
case ; and, at the same time, to be of some nm I 
in lending the gentlemen of the jury to tboait] 
parts of the proof wbicb deserve most their at* j 
teiition. 

Tlie pannel, James Stewart, my lord, is Iia4 ^ 
tural brother to Mr. Stewart of Ardshie), wbo J 
Gominauded the men of Uxai name that wera] 
engaged in the late rebellion, and, by means ofl 
that, Ik; ac<iuired tlieir affections and attach* J 
ment. When Ardshiel was obliged to laafil 
the country, his brother (the pannel) set hiiii«>] 
svlfatthe head of the family iolerest ; and i|] 
not ap|teann|^ in tliat part of the world a forced 1 
transition, he was ullowed to take this authority 
upon him. in a short time, therefore, he cam«bl 
to he a leading man, and to have the chief m^ 
fluence over the common people. Such, my I 
lord, was the state of that corner of th« | 
country in the year 174y» wbeu Mr. Campbell ^ 
of Oleiiure was appointed facir>r for his am^i 
jesly upon the ««tate of Ai-dshiel, and 
other forfeited estates in that neighbourhood! j 
James Stewart soon foresaw how much thia 
^ctory must interfere with the plan which ha 
had laid, aiul with the interest which ha 
wanted 10 eslablisb ; Glenure, the re tore, very I 
early became the ot^ect of his ill- will* But it | 
did not lonsr rest there; for in the year 175li 
Glenure having^, in consenueucc of ortlers ^ 
from the barons of exchequer, caused Mn 
Stewart tu be removed from the farm which ha i 
poiseseed unon the Ardshiel ei^ale, what wn§ | 
before but ill-will, was now turned into hatrnl 
aud resentment. This led him lo oppoea all | 
Glenure's measures, and particiilairly Ui f4ay | 
the volunteer in the service of b4i 
tenants upon the saioe estalai whew 
was about to remove at tha QOaain^ lemv^J 
for this [impose, he tfcpaired in person to 
lulinburKh, and, in name af Ibose teoanU, | 
thotH?h without the smallest eomaiiision or ai>* 
ihority from them, made be prcaeitted to th« 
larda of session, a bill of sospension of Ihe in. \ 
teniled removal, and oblaified a silt af < 



43] 25 GEOEGE II. 

Imb; this list he prcrailed ofOB the 
iotioMte 10 deaare, who wat pot to the trooble 
aod eipeooe of a jooniey to Edinborgb, be- 
ibre be ooold hate tbe gfomidleM bill of too- 
pentioo OMwered ; wbwb was indeed all that 
waa aec ea ii ry m order to make it be refosed. 

Mr. Stewart, mj lord, little aatisfied with 
tbia mMocoeatfal attetDpt, which ooofinned 
Gteonre'a iofloenee at the expeooe of hia own, 
and finding himself forced to quit the eoimtry, 
and to abflAdon his fa? oorite plan of popabuity, 
formed a most desperate scheme of rerenge, 
IH> less than a plot to take awav the life of 
Glenare in the basest manner. In punuaDce 
of this scheme, be was at pains, over all tbe 
eomitry, to represent 61enure*s conduct in tbe 
most disadvantageous light; and, when he 
thought there was a geiml odium raised, he 
had recourse, in a more particular manner, 
to those in whom he could most certainly con- 
fide, to those who were most easy to be stirred 
up, and most inclined to any desperate deed.* 
Iiifierent sets of such men, my lord, he as- 
sembled at different tiroes, and, after expa- 
tiating against Glenure's ill conduct, be used 
all his art to convince them, that it was their 
duty to free the country of what he was pleased 
to call Glenure's oppression ; telling tbem, that 
be bad once seen commoners in Appin, who 
would, long ere then, have stopped bis career ; 
and that he could assure any of tbem, who was 
hardy enough to undertake it, a certain escape 
to France, and a handsome pension aftenvanb ! 
By those methods, my lord, Mr. Stewart used 
Ins utmost endeavours to stir up some hot- 
heade«l ruffian to tbe execution of hia plot! 
but his endeavours were long used in vain, till 
at length Allan Breck Stewart was thrown in 
his way, a man marked out for such a pur- 
pose ; a deserter from our service to that of 
tbe Frepcb ; one who, in both countries, was a 
man of des|ierate fortune, but who, in this, bad 
not only lost all title to the protectiou of the 
law, but was become obnoxious to its severest 
penalties. This man James Stewart imme- 
diately laid hold of and cherished. It was 
easy to atir him up to reaentment. To him 
therefore he communicated tbe whole of his 
design, ai»d with him he concerted the execu- 
tion of it. Allan had nothing to lose ; there- 
fore it was determined he should be the actor, 
whilst James should lie by to protect him, and 
to turn the mischief as much as possible to his 
own advantage. Happily, my lord, keenness 
and resentment, as usual in crimes, got here 
the better of caution, not only with Allan, but 
even with the more aagacious Jamea ; for, in 
tbe midst of their moat cunning contrivances, 
they could not refrain from uttering such 
atrong and particular threata against Glenure, 
as immediately pointed them out for tbe objects 

* This I ooqjecture to be the passage re* 
ferred to in the observations aubioined to the 
tl'a dyfaig deolarationa in the * Supple- 
tft the Trial of Jamea Stewart,* and in- 
Mrttd at thi end ofthif CMS. 



Trio! ofJamet Siewart, 



[14 

\\ soapicioB. Both of them have many 
times threatened him with death, and both of 
tbem have even gone beyond general lenns; 
for Allan declared be ww'tUi, on tb* nn»t occa- 
aioD, shoot him as be wooki a b ack cock ; an 
expressioo very apphcable to the tiase manner 
which he afterwards made use of: and Jaaiea, 
still more inveterate, swore, in tbetiillness of his 
heart, that be woold shoot Glenure, even if he 
himaelf was so disabled, aa to be obliged to go 
upon bi.s knees to a window in order to do it. 
These are instances of the threata which they 
made use of, which first pointed them out, and 
which miist still go a great way in convincing 
every thinking n»an tluit they, and they only, 
were bis murderers. 
In cons4:qiienoe of the last resolutioo, that 
should act whilst James stood at the 
helm, Allan hud himaelf out to ^ei particu- 
lar information of Glenure^s motions; and, 
for that piirpoae he contrived to make a Tisit at 
Faanacloicb, tbe very next house to Glenure, 
and within a mile of it ; there be remained 
upon the look-out till Monday the llth, when 
Glenure set out from his own house fur Fort- 
William. Upon which Allan immediately re- 
paired to his associate James to communicate 
the intelligence he had got, vis. That Glenare 
was gone to Locbaber ; that he was resolved to 
persist in removing the tenants of Ardshiel, and 
was certainly to return for that purpose before 
the term-day, the 15th. Having upon this in- 
formation cooaolted together, and aettled the 
plan of operations, tbe pannel furnished hia 
friend with a dress more proper for what he 
was going about, giving him a suit of his own - 
clothes, a black short coat, trousers, and a blue 
bonnet ; and thus equip|ied, beset out the next 
momiug, Tuesday tbe 12tb ; but, knowing that 
Glenure might possibly not return for a day or 
two, in order to avoid suspicion, he made a tour 
among his relations, going first to Balladieliah, 
from thence to Glenco, from thence to Callart, 
where he staid Tuesday night, and on Wednes- 
day tbe 13th he went Inch, by tbe same route, 
to Ballacb^lish ; in all which circuit, be waa 
at hand to lay wait for Glenure, at whatever 
time he should return from Locbaber. On 
Thursday the 14tb, when there was a moral 
certainty that Glenure would return, (be ' hav- 
ing appointed a meeting with several gentle- 
men in the country of Appin that evening) Allan 
left Ballachelish's house under pretence of 
fishing, and, very soon afler, appeared at the 
ferry of Ballachelish, by which Glenure roust 
necessarily pass, in his way from Locbaber to 
Appin : there be met tbe ferry *man, and, hasti- 
ly calling him aside, inquired, with more 
tha6 ordmary earnestness and anxiety* if 
Glenure had passed there that day ; and, being 
answered that be had not, Allan immediately 



* It is observed in the * Supplement,' that 
the expresoiona * hastily, more than ordinary 
• earnestness and anxiety,' are not supported by 
the evulenoe of the ferrvman. See in the proof 
the depoaitioa of Archibald Mao timet. 



45J 



Jut Munler. 



As D. list. 



US 



mi 9f tli# \Mf Unmrdi tlie faigli grounds 

•Jbof t ill* honm ; from whence bt hail a view of 

lb*eooiiiry «fiMin<f, t\n boih siiks of the Loch, 

' % mil fuavi^v into the wood of Letter- 

In tilts wo<kI, inv lord, it was, ihat be 

loot n irui a iH out r station for the exe- 

coiiMi of ^ :ii ; n Httle thicket, 

Mti*tiiiii|f ^ ' 1 few paces of the 

kaffc»wijr« ^^mns *»ii*ch every traTelter must 

mtammmf mi» ; from whence, himself un- 

wnm^ lie «»itld diitinctly see the road leadiuoj to 

ib^lffrrj of BalUHielii^h on the Lochaber side, 

md lb* ro«4 oo the Appin sidt% leading from 

i 10 Ibt wood of Letter 0)0 re* Here, my 

, hm posted himself with uoe or two londed 

pffi t M pii for the purpose ; and here he 

i mtit im Mr. Campbell of Glenure had 

t tlie §Knjf and was riding along the road 

jCli Ike wood. It MAS then, my lord, that 

I bffvdt snztU I his lon^ wished- for oppor- 

wul wlitrri Gl^'imre was come within 

ttMifdwetit diuanee, iU\% ahaDdoned assassin 

•boi bafn dfsd tiith to^o balh} from behind : a 

fMOHtsrtlty, US it was hiirbartius and in> 

i! m di«i of which there ii$ hardly an 

Bplettt titis part of the kingdom, whose in* 

mti, li»wi*Tef rasli they may be to brave 

dsoffffY io 4n open manner, have never, till 

' I cnuie of their unworthy country- 

braoded witii the ignominy of base 

ranllY ■Miiflitistion ! 

\ iMf iOf^ tbtis exccuteif his deadly pur- 

I ifOOMdist^ly dtsappearrd, in order to he- 

'* lo the concealment provided for 

■lliii^ m hts way, afipra liidden manner, 

aairfnii^ht, at Ok'nco']) house, where he 

III* Isdy and hi r uon that Gleuure 

Pll mor^rrr.^ z^nA, w iilmrn any more conver- 

•*■•• ^^ an a consequence 

«f •Iwi >, that he himself 

ii«Wi4^1y to Wiive th« country. Soon 

ft, br arrWr^l st his alio* red retreat, the 

fwf K ao, thehabilation of the 

ti • converiiai Ion which 

It and lli« b<ntiii i ! ! "d of the 

' m m mmv than he 

fto luijj titnirn- njr, rnier faintly 

^ I dmjriii;^ Itts own couccro in it, he told 

lis iniBd tbat bo was sure the family of Ard> 

iMiiwoSd lie Riiii|irctiHl, |uirticularly James 

^twifl oad Kl^ ^nn Alhn : nsln;^ thiMtemark- 

■•e #spr««^ XT oil Id be no fear 

•^ •b«» if I MPS did not betray 

(^•^ t*j|hec:i /s», wiir% he feared, was 

^■soMNi-tii < 10 Ju« fniher. 

Alltliip wbtlttf uiy lord, the punnel remained 
it knsio tiiMlMitfrb<»d ; and whvn the accounts 
•*■# 9/f Gh ' " I and every body 

Hsimlbv i»* 18 hoBtcnin^ to |jfo 

lilMdt oftn iIh* rnr|»*t , rir rtf v«»r "ffc red to *tir, 
ii|, be wiMild not sutfi^r any one ut ht^ fiimily 

lifooe*rit ^^' - -■ ' ' V ! mher thing's 

it wjadi !>' "red, but the 

■Ml^viniii.i , viof bisatten- 

lvwib^mtr v«o closely Itukeit 

■*i^ 4llia i/' * re wns a Jiccesfiity 

^ Aiks*ft Immg kept oui of the way at any 



Ik 



rate ; James therefore immediately dispatdied 

Alexander Stewart nackman, his relation, and 
a person in whoin ne had entire confidence, t^] 
Fort- William, with a most pressing demand, | 
as he himself acknowledges, for money to sun- ' 
ply his friend Allan, and to enable him to make*] 
I lis escape from Justice ; and when the pack- f 
man returned with a less sum than was ex- ! 
pected, James, in the most critical juncture of I 
ills own affairs^ added two-thirds of the money 
which he had for his own support to the sum' 
brou{^ht from Fort- William, and sent away tht 
faithful nacknian, with ibis money, and hia.. 
French clothes, to Allan Breck, givini^f particu* I 
hr directions with regfard to the place of bie>^ 
concealment ; a circumstance no one can well \ 
be supposed to have known who was not in th«H 
secret, who was not originally privy to Ujoh 
orime for which he was obliged to have recours0»l 
to that cotieealment. i 

These, my lord, are the facts which, I ha?«' 
reason tobi^lieve, will sooo be proved to your | 
lordship, The {iTentleman bas been pleased t0 
express bis surprise, that, alVerso strict au en* 
quiry, this should be all that is made appear; | 
and to say thai these facts are trivial, and* 
not relevant to infer the crime ; but 1 cannol < 
think any impartial man wbo bas read tbe^ 
-ndictment now in my band, will join intb«>J 
^fftitleman's surprize; on the contrary, Ibe*^ 
reve every such person roust join with me, ia« 
thinking no small praise due to the very pro- 
per encouragement and assistance of the crown, 
and to the very uncommon diligence and . 
activity of the private prosecutors, which to* 
g'etber have been able to throw so much lij^hl' 
upon so dark a tbCene, Your lordship has beeti'| 
told, that the tact!) menttoacd are not sufficient « 
to infer the crime libelled. I need hardly ob- 
serve, my lord, that such crimes are particular! j ^ 
villainous and destructive, fronk the hidden and < 
concealed manner in whichthey arecommitted, J 
which allows of no defence, and too often | 
screens from punishment: their very oatumfl 
does not admit of such a proof as may be eic« j 
pected in other cases ; a proof by circumstanoesl 
is all that can be looked for; Indeed, wheiif 
that is conclusive, it is of all others the most ^ 
convincing. Witnesse« may be prtlai, tliejfi 
may be perjured ; but a closely connected - 
chain of circumstances is liable to uoneof thosftH 
objections, ^^w, my lord, I humbly appro* ^ 
beod, no chain of circumstances can be stronger J 
Dor more closely connected, than that whtcb 1 J 
have just bid before your lordship. You se# j 
a discontent rationally, nay probably accounted | 
for ; the strongest and most particular tbre^ti | 
following that discontent, and the eommiisar" 
of iht' crime as immediately fbltowing tbe 
threats ; the clearest instance of the ** maluati 
'* mioatum, et damnum secutum.'' But i|| 
does not rest here ; vou see, my lord, the mur- ^ 
derer traced from Jay to day, Irom bourt^j 
hour, from place to plare, to the very day, th«l 
very hour, almost to ihe very spot Id which th^J 
tnnrder was committed ; and you see his aa* 
sociate b the itiiGteit conoezion and taUnaacy 



47] 



25 GEORQE II. 



Trial of James Stewart f 



[48 



wiHb huBy cabelliDg^ in private, audi farnishin^ 
bun with a proper drefs, before the murder, and, 
after it, famisbiDgf him with dotbei and money, 
to enable him to fly from justice; and what 
deser? es particular attention, von see his asso- 
ciate minntely acquainted with the place of his 
concealment, the pbce preiiously pointed out 
for his retreat, and the murderer, m that retreat 
where be thought himself in safety, expressing 
his concern for his friend in ? ery remarkable 
terods, in terms which carry a strong oouTio- 
tion of their ffuilty conspiracy, bat, at the same 
time, sh«{W the cunning with which they were 
conscious of hating contrived it I cannot 
doubt, but your lordship will think this a chain 
of circumstances, more than sufficient to infer 
the crime libelled : at the same time, I must 
beg leave to observe, that, in such an indictment 
as this, there was no necessity of mentioning 
any one circumstance ; it would have been 
•nmcient in law, and the gentlemen acknow- 
ledge it, to have libelled art and part in seneral 
terms ; that is, that time and place libelled, the 
crime was committed, and that the pannel was 
guilty art or part of that crime. Now, if my 
lord advocate, from the humanity of his dispo- 
sition, from a desire that every offender, how- 
ever heinous his offence, should have the fairest 
trial, and every opportunit;jr of making his de- 
fence ; if, from these motives, he has given a 
very long and particular indictment, when onl^ 
a very short and general one was necessary, it 
is somewhat invidious in the gentlemen or the 
other side, to turn this into an obieetion to the 
relevancy. But let them, my lord ; the point is 
fixed, as well by law, as by uniform practice ; 
and therefore, whilst we contend that the cir- 
cumstances, as particularized in the indictment, 
are fully reh*vant, we at the same time hum- 
bly hope from your lordship an interiocutor 
upon the general point of art and part, indepen- 
dent of these circumstances. 

It has been objected to this indictment, that 
an accessary is here brought to trial before the 
principal is convicted, which is attended with 
these bad consequences ; that proof must be 
led against the principal in absence ; that his 
greatest enemies may be produced as witnesses, 
and the proper exculpatory defences mar be 
omitted. And further your lordship has been 
told, that this is contrary to the laws of neigh- 
bouring nations, particularly that of England, 
and contrarjT to the law of Scotland, as handed 
down to OS in the books of lieg. Maj. Quon. 
Attach. Stat. Dav. 2, and sir George Macken- 
zie. There might, my lord, have heen some 
room for such an objection, if no former notice 
bad been taken of the principal ; but f can hard- 
ly think any objectioa will be ailmitted in the 
present case ; when the principal is indicted, 
wlien every legal step is taken by the prosecu • 
tore for bringing him to jaskioe, and when the 
only conviction which oar law admits of in 
aoeti cases, is gone against him. The incon- 
tcttieocea whicli it was said might folk>w from 
Ika present practice, are ftrifling, compared t» 



quence, if the laws altowed not an accessary 
to he tried, whilst the principal, conscious of hui 
own guilt, dared not to appear. It is but find- 
ing out some desperate fellow for the execution 
who can afterwards be easily kept out of the 
wa^r ; and the most inhuman acts mnstgo un* 
punished, the most abandoned villains may 
iaiigh at justice. The authorities produced in 
point of Uw are, no doubt, great ; but times 
and circttOEKtances derogate from the greatest 
authorities. If what sir George Mackenzie 
has given us as his opinion was once law, it is 
beyond all doubt, bjjf later practice, no longer 
held as such ; and it signifies as little what is 
the law of neiffhbooring nations, as what was 
once our own Taw, if custom, the justest of all 
legislators, directed by common sense and 
equity, has now enacted the contrary.* 

The hardships, my lord, which it is pretend- 
ed the pannel underwent, can never be admit- 
ted as objections to this indictment. That they 
may not, however, leave any impression upon 
the gentlemen of the jury, or even upon this 
audience, I shall give your lordships the true 
account of what are called hardships ; and 
they will no longer appear to be such. That 
upon which most stress seems to be laid is, 
that the pannePs wife and his children, who, by 
law, cannot be called as witnesses against him, 
have been precognooced, or judicially examined, 
and that their declarations are proposed to be 
produced in this trial. The fact is true ; and 
nothing is more easily accounted for. When 
this murder was committed, all was confusion 
and ignorauce ; and every method that could 
be imagined was found necessary, in order to 
get to the bottom of the deep-laid plot. It 
was at that time that James Stewart's family, 
in common with aH in that neighbourhood, 
were called before a judge, and examined upon 
what they knew of Glenure's murder : it was 
more than probable, that some one of that 
country committed the murder, and that many 
in that country were in the .secret of it : but 
when these people were examined, neither of 
these acts of guilt was charged upon any par- 
ticular person : Allan Breck was not then ac- 
cused of the actual murder, nor James Stewart 
of being accessary to it. So that his wife aud 
chiMren were really not examined with any 
view to him ; they were examined, to discover 
the truth in general, before it was known upon 
what particular |ierson the accusation would 
fall. iVhether their declarations will be pro- 
duced in this trial, may be a question after- 
wards ; but, in the mean while, it appears not 
contrary to law or equity, that they should be . 
produced : it is confounding things to say that 
this is making the fianners wiiie and childrea 
witnesses against him : the declarations will 
not he produced to prove the truth of any 
thing contained in them, of which they would 

* As to proceeding ag^ainst an accessary 
without a previous conviction of the principal^ 
sec Bomet on the Criminal Law of sootlaodv 
14, pp. S88| et ieq* 



49J '^^mr for Murder 

Ml I0 lifil itidanec ; ih«y Ar« only to prove, 
llifll 1^ Mrvofit i«bo emitted the clccUmtions, 
ih m w thtng% ; «ad if nay words of 
4 ^yft efttiie of tuspicioti o^amst the 
Wmtii b* Mtrefy competeut to prore 



A,D, 1752. 



[SOj 



itil 




> Mr the ttttiomny of third partief^, 
liliROltbfts liom^ u\ut\gtiUer ia the came 
•0 fuote lli«fii by iiroductioD nf tUe 
IhiOiaelw judicially committed to 
ff Tb« dose eon fiti«no eat of the panned 
I m» UUl of fiotiie others, who were then 
» op tIpAQ suspiciou of guilty but are noiv 
It Ift pt«'liiOfttJ «t %rilnes«e», was owing to the 
mhM •f lilt p)a€« where I hey were confined. 
Uia OMJotj** grai ' ive been used Jis 

ammt oMire for 'v of state prisoners 

l«f«QiDHMMl crutiMi»r> : U is DOt fO he W«Ul- 

la thca, if military otfieers* unacqubiut- 
Uk diJimcliuas of btr, apphed lo the 

M M4fr« wbkb they were iu use to re- 
I fir ll* former: on smun as the law was 
feuwi* il was obcyt'd ; nor 19 it pretended, 
|ii#|iMiHd, or aoy oilier, was closely coti- 



9tm kmu oArr the couttiianding oliicer 
lliat Iho law forbade it. It 11 



V«e, m Bpw camamdiag officer came, to whom 
1^ bw was DQI IniDQilialely explained, whicii 
ImI tlie MCQiid close coutiaemtnt coin- 
«f ; Int be, aa well as hiii predecesstjr, 
<iirng> III the iaw^ an 10011 aa it was 
iiMnaii to biin. That it was not there- 
ksovti tA both, us »r»on as niitfbt 
fHUiod's coufuiel must account 



ThM tl urai altogether their buiiiieHs ^ 
I lii^ oaM^qnence, whaterer it be, which 
t tfl^cn tile neg-lect of it^ ous^ht oot (o 
I ilie pmaecutars, far lesa upon thu 
t of the anny, who the panncl him- 
•iiwlc4|tfa( bate alt, m any charge 
r bad oi bim, done tbeir duty with the ut' 
Dity, alwaya like noldiers, aiitl 
It 11 vurpnainff, the gentlemen 
I mmoAiim^ as u hardabm, their being re- 
\ 10 the (lannel, after they came to 
f ; Ib^ wiiat he conacious that this waa 
of not 00 bourns duration. They 
UnilUiiiea ttom the chief riia|pi»trute, 
l4o mm ouin^, oa ibe iliko of Argyll was 
ipol, to take any step without his 
i p f r a ba tiiiHt acnt diri^ctly to ari|ndtQt 
Iff ifctfliamftnd : aiui Wt^ t'ruce ifuve tinme- 
ihto fli^lvrv f ' Thegrntle- 

Mn whm aft' 1 one thing, 

•lidb, I mkm |b *ay, b« nhme tiill think a 
lanMifp itM ibit paonei ; I meaa^ my lord, 
ia Weiam falbm to that geinleanan'a ahare to 
^«i K;« 4^fiMKe ; and I caooot belp tbtoking 




•tiliiiQf tB wiltiene* ariauig from 
4.o%iup toibr 7 : ^ M€t Hame'a Com- 
«, TrUI i N ToL «, c. 13, 

p. tM TIhimmU. *'. i.^n ' Bupptemeot* ob- 
'* By la» adii praoioB ilie deelaftpta 
ittM f^ut t.c- hrongbi OS witnewei 
I ibo pftosel r tekntioos were 

rooO ;,it^U; antat incvii* 

HytolMf tfurv.' 
fOL XIX 




the complaint of the panners want of able itt4^ 

sastance, coming from that side to this, look] 
Itke banter: for, setting aside my lord advocate, 
who^ office ohligea him to assist tite pros&«l 
cutor^ ; 1 need only beg your lordship will caul;,] 
your eye first to Uie one side of this Uhle, ntMl| 
then to the other, in order to judge where tlu 
advantage lies in age and eKperieocc. 

Upon the uhole^ my lord, 1 cuiiuot doubt 1 
but yonr lordship will find this libel relevant mi 
iDJer the moHt severe pains of law, at tbft] 
crime tihf lied is of tb^ most heinous nature {1 
aod that you will remit the pannel to the know- 1 
ledge of an assisse, who, 1 find from the list iit | 
'my hand, must be men above the imputation j 
of any other prejudice, but whut every gooj ( 
man must feel against so honid a crime ; n j 
prpjudicp, which, 1 am sure, tliey will carefully j 
distiuguish, as 1 hofie ne all do, from any per* j 
tonal prejudice against the nannci, who has an I 
undoubted right to demand their most impar* 
tial attention to the proof, by which alone hit 1 
inucH!euce miuit stand confessed, or bis guiJi j 
meet with its deserved puoishment. 

Mr. Enkinc^ against the paoneT. 

My lords ; I have likewise the honour to h#'] 
of counsel for the prosecutors on this trial, a«i4i 
as such it is my duty to sun^jort tlie cbargp^l 
exhibited in the hhel ; whicti has been just] 
now very fully and distinctly openi'd. • ] 

7*he importance of the irial, the respect I 
have for the hunouriihle court and this audi?- 
ence, were alooe atifficient to have laid mt I 
under great unenftlieei: hut thiit unei^siueaa j 
is greatly increnaed, wbeti I find myself eii- ] 
gaged in a task, which I am at present but ill 
prepared to execute. 

Though 1 early and willin^rly engaged tt \ 
take a part in this trial, an unexpected distress,* 
which has, for some days, dissipated my al^^ 
tenlioo to business, made me bojie the proae* , 
cutors would have relieved me of an engage^ 
ment which 1 was unlit to perfonn^ and dis* 
peused with my attendaucc, which, I uppre* 
bended, could not be material Lo them; but 
in this I have be?n diHappiuted by the tudis* 
po<>itton of a gentleman of great abilities and 
experience, which has unhappily deprive^ 
them of his abler assistance. 

For this reason I will beg leave to confine 
myself entirely to make the proper answers t^ 
the arguments which have been urged by the | 
leemod eeotlemen in defence of the prii^oner, 

I tlitir forbear lo enlarge upon the mauy 4 
aggravating circumstances that appear in the 
horrid scene just now opened to your lordf 
sbtpf. 

1 will Dot attempt to iofiame the [ury, by 
f^ivipg bote reins to an imagination, warmeil 
by a reii regtrd for the gentleman decea%ed| 
compessioo for the widow and the fatbedcssp 
under p^'culiar circuiaetABoee of distress, p 
high concern for the inlereel of tbis country, 
and the prvservation of our prraout happy cori' 
aiitntion ; all which appear to have been struck 
»t hy the baud that gaveibia wound, 

E 



51] 25 GEORGE IL 

Tliete consideretions cannot fail to kindle 
indig^iiation in erery breast; and I ana confi- 
dent tliey have already had the effect to rouze 
the atteniiiin of the Conrt, and balance a roit- 
placed compassion, not unnatural to hnmane 
minds, which sometimes blunts even the sword 
of justice : but the prosecutors do not ejrpect 
to obtain a judgment against the prisoner in 
this court, upon anj other foundation than a 
real conviction of his guilt, arising from evi- 
dence clear, unexceptionable, and agreeable to 
the laws of this country. 

The laws of this country are favonraUe, 
particularly favourable to persons under trial 
for their life ; and the prosecutors are willing 
to allow the prisoner tne full benefit of every 
advantage that these laws, or the practice of 
the court, can give him a title to. 

This being the case, 1 cannot omit observing 
how improperly the prisoner has rested the 
greatest weicht of his defence upon clamorous 
assertions of unfair advantages, and unlawful 
oppression upon the part of tlie prosecutors. 

For, Imo, Though they were founded on 
truth, they would not amount to a defence 
against the libel : one crime cannot compen- 
■ate another, nor an injury received from the 
prosecutor wipe away the guilt of the pri- 
soner. 

But, 2do, These are measures so inconsis- 
tent with that glorious spirit of liberty that 
rei^s even among the rulers in this age and 
nation, so inconsistent with the known mild- 
ness and clemency of his majesty's govern- 
ment, and the unfortunate circumstances of 
the privato prosecutors in this trial, that I can 
hardly persuade myself it would be necessary 
to make a more particular answer to these com- 
plaints. 

Nevertheless, as f am^nsible that nothing 
is more inseparable fVom noble and generous 
minds, than a desire to throw every atom into 
the balance on the side of the distressed, while 
there remains a possibility of their innocence; 
and that a simple suspicion that the prisoner 
had suffered any unnecessary hardship, or been 
deprived of anj means of defending himself, 
might avail htm more in the event "bf this 
trial, than the best defence in the mouth of the 
ablest advocate; for that reason, I will beg 
leave, in a few words, to shew the Court what 
foundation there is for auch complaints. 

The first was, that the prosecutors had de- 
prived him of the benefit of counsel, by re- 
taining roost of the ablest lawyers at the bar. 

To this I can make no stron|;er answer, 
ihan what the Court has just now heard from 
the very gentlemen who make the complaint, 
and win be confirmed by these who are to sup- 
port them. I am confident they will convince 
the Court, and all who hear them, of the ab- 
surdity of such a complaint, when urged by 
four gentlemen of such abilities. 

In the second place, it has been laid, that 

the«prisoner bad been deprived of hia KbeKy, 

sind kept in close confinement contrary to law, 

4lebarred -the coD?«iMtian of his hiuHj end 

4 . - 



Trial of James Siewartf 



£52 



friends, and denied access to speak eitber to his 
agents or witnesses. 

To all which it may be answered in the ge* 
ncrat, that the laws of every well-governed 
realm certainly allow the confinement of p^- 
sons charged with capital offences, in such 
manner as they may be secured, till they can 
be brought to trial. That no limitatran of this 
rule has been introduced, either by law or prac- 
tice, in Scotland, other than what is contained 
in that valuable and salutary statute of pari. 
1, sess. 9, of king William, for preventing 
wrongous imprisonment.* No part of which 
has been infnnged in the present case. That 
the prisoner has been, since he came to thu 
pUce, strictly confined, cannot appear unrea- 
sonable or oppressive to those who know that 
of late, in apite of the vigilance of the ma- 
gistrates, several criminals have escaped from 
their gaol, whose cases were less desperate 
than his, and who had no formidable tribe of 
friends or accomplices to assist their escape. 

It will not appear surprising or unjust, that 
the magistrates were cautious to give access to 
any persons, under the colour of their being 
agents or witnesses, without a proper warrant, 
when it appears from the proof to be brought 
in the trial, that, during the prisoner's confine- 
ment in the garrison at Fort-SVilliam, he found 
means to tamper with the principal evidences, 
(though also in custody, in order to prevent 
such undue influence) Iry emissaries, who 
carried repeated messages m his name. 

This, I think, might likewise appear to be • 



* A late writer on Scots law, Mr. Burnett, 
(Treatise on various branches of the Criminal 
Law of Scotland, chap. 16) gives an abstract 
of the enactments of this statute ; and after 
contrasting its provisions, imrticiilarly those 
concerning bail, with those of the Habeas Cor- 
pus Act (Stat. 31 Car. 9), proceeds, ** When 
m addition to all this it is considered that the 
act 1701 provides most effectually for a due 
and regular commitment in order to trial, that 
the f>enaltv on a judge for a breach of the sta- 
tute is both higher and more precise, and the 
period fixed for commencing and carrying^ 
through the trial more determinate, it may 
justly be considered as more favourable to the 
sutject than the boasted Habeas Corpus Act of 
England, notwithstanding one summary ap- 
plication for lilieration may not in every caae 
afford so speedy a remetly as the proceedings 
under the writ of Habeas Corpus." 

In the same chapter, however, he notices 
that Ihis same act of 1701, " has been called 
the worst penned and the most obscure act in 
our statute book, and some have even gone so 
far as to maintain, that it was purposely made 
obscure." 

So in tlie case of Andrew against Murdochs 
June 1806 (reported in the Appendix to Bur- 
nett, N"* XVI) Hope, lord justice-clerk, said, 
" Onr act ITOl is greatlv more lavourabe to 
the liberty of the subfcct m every respect thui 
the UabeM Corpus Act of EngltMl/' 



B) 



fat Murder* 



A. D. 1752. 



[54 



WD fbr the officer eoniroa tiding at 
kWiiiftm* to be particularly careful to in* 
id prereiit these iiracticen, by denying 
tbe pertous by wbate means ibey 
I koOWB io be cmriefl on. 
^fi«i, ti Ibe firisODrr's complaiot lias been 
%mi ^po Mm b««ttd, t inust heg leave to recal 

war tlie far 

4mm0mmut 

I JoiUce 



pa and the jury to 
t which the accet- 



, . 'f '^1 he supplying 

Willi moti ȣe him to fly 

: Irt it l^ ; Sored in what 

'I'CUted i Ihe pri^ner was io- 
liicer Gommandini? the party 
aimtli^i<i«d biui, to spi^tik >%uh hh m ife 
l« Mora b# wa« earrirU ofT: <he use he 
: «f tliai indulgence, wait to j^^ive her the 
|k«rf of tile money in his pockety vi'itli 
1 t(i send it, and the tiiorderer's 
itie place where it liad been con- 
i h% whmdd wait for ihem. 
Tbt lalol^«»ce upon the part of the ofTicer 
«M a«lMv»l Mil bitinune; from the circum- 
ittoorei tiMl were then kuowo, there \*&& no 
rwMa In fttmuect ihut mjcU use would have 
IvfMonds'^i G<h1's good providence 

li Ml B.' C» i»e fl drcumstanee in the io- 

teili[|AMi ot iktte fcutirce of the horrid scene of 
'mimmf Mwr« the Cuurt. 

Nov, ■• ibi« tkct xa adrnilted to he true, I 
ttOM wmh$mt wbat fuundatinn there is to coin- 
filaii ^ I r the commanding- 

•fi^ir I such indulj^tuceSf 

llogiv uuin!vutr<i .u:i;»^^?i to his family und re- 
I? Neterthrle*^, I am well authorised lo 
f, ibalf al Follow ilTiam, the prisoner had 
hiiy ftnd KTemt iudul^^ences of this kind ; that 
lie was ailwwed to take the nir in the |j;arrisao, 
aftd lo <iii«ftff*i» with his friendfi and relations 
' 118 wii cunhiHteut with the safe 
f if bis person, and the iuipniies which 
■ Cftrrying on hy the proper officers ; 
btfiire and since he was brought to 
Miiipteet, bb Oi^nl and lawyers have had ao* 
imkt wiUi him as often as applied for in a 
' wty* He wos not indeed allowed access 
»• M kii servants and dependiintii, Irom 
irboB mterial etideuce wns cxpnted, with 
wksn bt bail baeo uttipcring^f and who hud 
Mbrad, l^brv irere over-awc<l by his au- 
bul m tbil I apprehend noVuulugy is 

I place. Yr»ui- lorrlshiits hnve heard 

I frmm t r, of un- 

an« il I .(luce his 

* I v> and tu prepossess the 

»t his g:uilt»by which he 

b aid io Lc, m m>uic mcasurei condemned 
Irfsta be m brtiu^ht tu trinL 

l»ttsi biy MH and the jury to 

^■»4ec lb** of I he prosrcuton 

wbt iflw iibii }Mac:tices. Has 

I is DO relaiinn, 
* a- It Ui is corner of the 

1 in prepossessint^ 
' cii«attrjr - •-. ^„ .., .i^j of the prisoner*! 
Sf nff aft hti Cbihlr«o, as yet uucapable 






Af speech, fit to assist her in traducitigf bis cha« 
racter? 

If the relations of the deceased had attempt- 
ed! it without foundation, they would haV9 
Ifained no credit with the impartial world ; or 
would have been counterbalanced by the nu- 
merous relations of the prisoner, at least m this 
country. Nerertbcless, ray lords, J will atlmjt 
thai he labours under great disadrantag^es upon 
thi2i head; a general opinion of his t^uilt hua 
prevailed ; ait<l I am sorry to say^ that he haa 
many and siroog^ adversaries, who have beei^ 
busy to establish it. *^ Mag^na est Veritas, ct 
pr<cvalebit." The horror of the crime witli 
nhtch he is charged, has raised the attention of 
every impartial person, and made them tn« 
dustrious to discover the authors of it. 

The blood of the innocent has called aloud to 
heaven for justice; and» by a remarkable con- 
currence of many circumstances, hrout^ht t(» 
light by the decls rat ions of a cloud of u iinesses^ 
the prisoner is clearly pointed out, not indeed 
as the executioner, but the contriver of tha 
murder^ and the aiJer and abettor of the mur- 
derer. 

I will not say, that his character iu private 
hfe concurs against him ; 1 have no auihoniy 
from my employers to assert it j nor will 1 as- 
sert what is not supported by evidence^ But C 
must say, that his family and connections, bis 
character and conduct lu public life, are so 
many circumstances forming a presumption al- 
iDOht et|ual to a proof, in support of the charge 
bruught agiiinsl him. These are the mosi 
powerful adversaries he has to struggle wiih, 
and from them that general opinion of bis guilt 
has taken its rise, which is unjusUy ascribed to 
the prosecutors. 

What haii been said, my lords, would natu- 
rally lead me, in the (text place, to lay open, tu 
the consideration of the Court, the particular 
circumstances set forth in ihe>tibel, fnm whicb 
the prisnner^s guilt is inferred ; and to Inke no* 
tice of what has be^n said in his defence upon 
that head ; but in this 1 have been well pre- 
vented by the gentleman who s|M)ke last; and 
therefore I shall ouly beg leave to add a few 
observations to what has been said by him. 

The Court has been informal that Ulr. 
Campbe'l of Gl enure was appointed factor on 
the forfeited estate of Ardshiel; that the pri* 
soner is natural brotlier to the forfeiting persnn, 
in whose absence he fell lo have the leading of ^ 
his dependents, and the protection of hi* ' 
family: under that character, as he had an 
interest, lo be had opportunities of npjKMiti^ 
tbe factor in the execution of his office: that 
this opposition grew by degrees to the height 
of premediroted malice, which rood after broke 
out in repeated threatening, and at last eaded 
in assa>i«i tuition and murder. 

On the uther hand, the counsel for the pri- 
soner have iisserled, that there was no enmity 
or malice between Cjlenure and hira \ but con- 
trary-wise, a conlidence and friendship^ whicli 
they offer to support by letters written by Gle* 
DUrV to bito. ^ow, aa ibia mtiit ap^aaf la km 



S5] 



25 GEORGE II. 



Trial of James Siemrt, 



[56 



incoDtiitent with Ibe charge io the libel, I muftt 
beff le&ve, in a few words, to reconcile them. 

When Glenure was appointed faelor on the 
•state ofArdshiel, he was so far from shewing^ 
80 J disposition to be ser ere upon the tenants, 
or 10 put hardships on the family and fiiends «f 
the forfeiting person, that he treated them with 
the utmost humanity : and the prisoner in par- 
ticular had the address to insinuate himself so 
fsr into bis confidence, as to be employed in 
eollectiDg the rents, and advised with in the 
lettingr of the farms ; and, during' this period, 
the leltera referred to were written. But as 
the prisoner undoubtedly took advantage of this 
conndence, to bring tenants into the estate that 
were entirely under his influence, and to make 
separate agreements with them in favoorof the 
forfeited person and his family, in defraud of 
his majesty and the public ; the barons of ex- 
chequer justly took exception against this part 
of Glenure's conduct; and, to prevent such 
abuses for the future, gave him particular in- 
structions in writing, to remove the prisoner 
from a beneficial farm which he possessed, and 
also any other of the tenants wlio were con- 
nected with, or under the influence of, the for- 
feiting person and his family. 

These instructions were executed in part at 
Whitsundav 1751, ^by the removal of the pri- 
soner from his farm ; but as he easily procured 
another in the neighbourhood, and retained his 
influence over the estate by the means of the 
tenants he had placed there, he discovered no 
resentment at that time. 

But so soon as the factor, in the further exe- 
cution of his instructions, began to take the 
proper measures for removing, st Whitsunday 
1753, some of these tenants, he then took the 
alarm : that was to pluck up his interest by 
the root, and entirely to put an end to his influ- 
ence. He therefore made the cause of the 
tenants his own, and every method of opposi- 
twn was tried to prevent their removsl. 

fle no longer affected any intimacy or friend- 
ship with Glenure, but took every occasion to 
raise discontent and jealousies sgainst him, and 
represent him as an oppressor in the country. 
At last, without any authority from the tenants 
who were to be removed, he took s jonmey to 
Edinburgh, on his own expence, and applied, 
by a bill of suspension, to tne court of session 
in their names ; in which the factor's conduct 
vas set forth in such false and odious colours, 
as procured a sist or stop of execution of the 
decree of removing, pronounced by the sheriff, 
at the factor's suit ; and, by the same fsisc 
suggestifins, he so far im|iosed upon such of the 
barous, as were then in town, ss to make them 
listen to his complaints a^^atost Glenure. 

When Glenure was informed of all this, he 
vent directly to Edinburgh by grestjouniies; 
and, 09 soon as he had an opportunity of being 
heard, he obtained a removal of the sist from 
the court of session ; and satisfied the barons, 
that be had conductcMl himself entirely by their 
Mstrudions. And, having bee^ only two davs 
kk towDi he munad with ipeditinn Io the 



country^ Whitsunday being then near at 
hand. 

This scheme beinj; frustrated by the dili- 
gence and activity of the factor, measures of a 
differeut nature became necessary. 

Tlie prisoner had no hopes of^ being able to 
keep up his influence and interest in the estate^ 
while Glenure continued to have the manage- 
ment of it ; and if he should be sble to get the 
better of him, he had reason to think no other 
would be so hardy as to undertake it It was 
therefore resolved to take him ofi*, and that be- 
fore he should remove the tenants. 

For the execution of his scheme, a very proper 
assistant was at hand ; Allan Breck Stewart, a 
person in desperats circumstances, who had al- 
ready forfeited hb life to the laws, and enlisted 
himself an enemy to the liberties of his coun- 
try ; a dependant of the family of Ardshiel ; 
brought up from his infancy under the earn 
and authority of the prisoner. 

With this assistance, no method waslefk nn- 
attempted to stir up the populace, or some of 
the hardiest among them, to cut off Glenure 
by violence. Their attachment to their chief 
was made use of for that purpose. The pre- 
servation of his family, tlie welfare of their 
country, and even the very being of the clan^ 
were represented as inconsistent with allowing 
Glenure to live. Reproaches were used to some, 
rewards offered to others, and strong insinu- 
ations made by the prisoner to his own do^ 
mestic senrants : but all this had not the de- 
sired flfect. 

Wherefore, on Monday the lllh of Maj^ 
Allan Breck, who had no other occupation hut 
wandering from house to house amongst hia 
friends, and was thereby well able to trace all 
Glenure's motions, came to the prisoner's 
house, when the resolution appears to have been 
taken, that Allan himself should set out early 
next morning to way- lay Glenure, and take 
the first opportunity to perpetrate the murder. 

This was no difficuh task to one who knemr 
the country. There were but three days to 
run to the term for the removing. In that 
period, it was known that Glenure was to go 
from his own house, to the slierifTs court at 
Fort- William,, and return to the lands from 
whence the tepants were to be removed. The 
nature of the country, and the several ferries 
which he could not avoid, made it certain what 
road he must take ; and a wood near the lands 
afforded a proper place for the bloody deed. 
But Allan's dress, being the French uniform, 
was too remarkable for an executioner of the 
works of darkness ; he was therefore supplied 
with another, of the ususi colour and fashion of 
the country, by the prinoner. The Court baa 
heard how be theu took his station at a place 
within sight of Gtenure's house, till he aavr 
him set out for Fort-William, and then how he 
retired towards a ferr^ , where it Was known 
Glenure must pass in his return. 

In the mean time, tnesaenger after mcwon 
ger u sent to Fort William by the prisoocr, to 
get nora pertieelar i eHl H gi H B of Ofenure^ 






On Itic nif III of lite 13th, Alltn cmnit 
tt 1 ptoM Mi j > p e m to tbe ferry, >nd retiretl in 
fl# mtOMf^ kttim %h0 ifood/trom which li« 
Mlf mmm aim U irmpiirB if Glenure vrsk% pftil. 
very litne ft l^uui tielonf(in;|^ to th« 
r*t »*fni»«tttig ; and« in ilic tv«niDgi 
' WM» fthul lu ihe wriod. 
itkehcM-rtu ' ' uunfer threw All the 
lioi' M addconsternution^ 

^ Mr|Hi9e •ppenrT'ii (i|i^Mi ih« imsoDPf, or in 
InltiBiJjf. Their titention Wft&enlirf^ly Hxer] 
i|Hn iIm cn^uiiofi of the tufSASures iliat had 
ItOi awitijleil for ficihi«lifif the Riorderfr'a 
«Gm: fhrilMi pnrfios^, • mciftrncer was dts- 
|MMil Ml pimr« money : upon the return of 
■ngsr (ibough Ihe privooer w»s then 
jF> ib« mot»ey he bn»ui^hii with w^hat 
iniMmer could afFoi'df and also the 
mkm^ were, by the priisoner*8 dircc- 
llnft, Ctfliti 10 a refiiot« place in the mouniaiiii, 
vlum ANftA fir»ek had fur tome lime vvaited 
leTtbein. At the aarue lime the 
m^ which bad been coooealed 
mmf km fce«M| iv«»re di<$cof ered ; ftiid ihe vefy 
gm, wftsdl bad been missiitj^ on the day of the 
— riiff, wmM foQod nmnngst ibeni) with mch 
«Kl»iaihvir«4 itiat it hid beeu tately dt^ 

Tiuii, tmy larda, aa I had oeca«iion to men* 
iMi •8«Mi ^th« facts to be proved, 1 could not 
ifcorlly toOQirig over the wUote, in oitler 
ibvi« m oCk« View before y<»ur lordihips 
Itb«>itf3r. 

Am, fiwm lht« rtew^ f apprehend it wiU now 
MMfi l«i«,/rbit the friernJiihip inetilioned by 
In oinifl fbr the priNifieri duet not derogate 
flN«itbenr<filMibtlity of bii guilt U is a na* 
I, «M rrcn m neceaaary link of the chain 
mUeli III* whole depends. 

It mirat occtir to every one i»ho bean 
l^fiida, til at tliim|fh it is poanble, btnely 
"^ »y Ikal Mrreral of ihent might hife btp- 
•bvia^a lb« pn^on^r had been ioiiocefit 
«fll»cri»r that lA charged upon him*, yet it 
I to coaceirep that Bucb a lung aerieit 
inecs, ootin«eted and cortvapondtng 
•iii 9m9 enolb^r, all omeiirf kig to answer the 
«a» tail ibaald be the hum fleet of chance, 
mi wm thm coQ»e<|uei»ee of intention and de- 

TV take no ln«tanre, it is vefy eniy to be- 
Wvt^UMl llleii Brtck mi|^ht haf e cha'ngfeil hia 
Mbea« tbofiffii be hftd not intended to murder 
1 1 iM thai he mi^bt have lodged for 
•Irble i^ier Cllenare*« house, though he 
Ml Me»ileil to lie in wait for hia Itff ; but 
I wm ftwl Cbt aeme Adio Breck himseK' 
J U marder Olmii lt, ^iMl tnatigaiing 
Hkm 10 do H; a(tertfi/di ebengitig hit 
AriMB, ly^ in ^^f^il »f timet and in 

«oai finnts^ afi|»caniiL' v lontly ini|mr* 

^Iktl31^«f*iienrihe ltiii4:< Hud place ol the 
• ni iii, mi4 m toon ct h wm cominiti«d, fly- 
% wiHi irvmrnMl fitvdfltMtMi, who can doiibt 
iit be wtfl tbe iBttni^cr f 
^ b tbe Miitt iMttinir ll in^bi w«ll tufimed, 
' Bil|piil hvif% wot Albiii BifBCs 



n ttiit of clotbei, or given Him enterlainraent in 
his hotivPp ihrvugh he had not instigated him tHi 
ciHnmit the murder. But il" it it com\dertd, J 
thnt ^llan Bf^ek had no quarrel nilli Glenttrt^i 
other than what he was engaged in by the iihI 
lldi'QCe and authority uf the prisoner | that I 
carried tJie resentment^ on the prisoupr'a ao 
count, to such a height ai to threaten to fthooij 
ff1enuFP« and joined the prisoner in prompliud 
others lo do it ; that whon Gleiuire returne 
imexpecteElly from Kdiiibtii^h, Allan Bn 
went imtnedialely with the intelligence to th 
prisoner ; ihnt when he set out to lie iu waU 
for Gtennre, it was af\er a consuttalion wilUt 
and being nccontvcd for that purpose by, i 
prt^ner ; that the o^un with which he shU 
Glenure, appean lo nute been the property \ 
ihe prisoner ; that, after the murder wat core 
milled, the munlerer relied for money an 
clulhes for his eacape, and aciuully if id receivi 
them from ihe prisonei ; I say, let all lhc»* 
concurring circumstances be bid together, i 
who will doubt that he ^aa instigated, aidedj 
and ahelled by the prisoner ? 

It is therefore in vain to nrge» ihat otie 
more of tht^e facts, when tnken separately, an 
not relevaiu to infer the conclusion of his gutlt«j 
It is iVom the connexion and concurrence e 
the whole^ that the connction of his guilt doe 
arise : and il is only from a proof of tbe whole 
that the pro^cutor& expect a judgiDent agarnd 
him. 

In the last place, the counsel for the pHitone 
have urgnl a point of law in his defiance, wit 
Til ul aupjiosing the facts which have been sel 
forth, 10 be relevant to infer his gintf ; ta he T 
only charged as an accetsary, lie cannot 
brought to trial fur ihe crime, until the princ 
pal be first convicted. In s«upp<>rtjng df I" " 
texis have iH'en quoted from Ihe old law-l>ook^ 
Uuoniam Attachiamenia and Regiam Mnjesta* 
trm. h has been said thai ibis tn ihe law of 
Engtnnd at this day, and Ihat sir George Mac- 
kefiiie^ in his Treatise of Crimes, boa laid il 
down to be the lew of this country. 

As the word * ■eeetsarj ' i« a relative, whirl 
cannot be witlieut a principal to iwhich it re' 
Idles i it m**st be admitted^ Ibat no evidenC 
will be sufficient to convict an accessary « whrcb ' 
does not prove that ihe crime was com milted 
by the principal, who is thereby convicted, 10 
Ihe eHect that justice may bv executed againfl 
the accessary. 

In this tense the maxim isjuMt; but in the 
tense in which it is pleaded for the prisoner, I 
will lake upon me lo say, it is not supported hy 
Ihe 1ft w of this country ; it is inconsistent with 
Ihe orinctptet of public policy, and anbvereive 
of all civil tociety. 

It is inde^Kl a majtiro, and a good one, m the 
law of Scotland, that no person can be con- 
demned, til as to suffer the punisliment ap^ 
pointed by law for an> crime, unless be be pre* 
dent in court, and have opportunity to ohjuct la 
the evidence by which it is to be proved ftgemtd 
him. But in ili<^ t»re»eot case, it f^ nol AUr^ea^ 
that AUttu Dreck cotiltl be condeowietl, ett4 



59] 



25 GEORGE II. 



Trial ofJanut Stemart, 



[60 



brooght to justice, upon the evidence that is to 
be brouffht in tiis absence against the prisoner. 
If he shall atkrwards appear, and stand his 
trial, the proof, in so far as it relates to hitn, 
must again be repeated in his presence, and it 
will be com|>etent to him to object to e?ery part 
of it. But at present, as the evidence is 
broug^ht only to the effect that the prisoner 
inay be punished, it is he only that can plead 
the benefit of this maxim ; and it is competent 
to him to object, as well to that part of the evi- 
dence which fixes the crime upon the principal, 
as to that which proves his accession. 

As to the law of England, 1 will not take 
upon me to ai^gue from it ; 1 do not pretend to 
be versaut in it ; nor do 1 apprehend it will be 
decisive in this case. Nevertheless I have 
reason to believe, that it is the practice in that 
part of the kingdom to proceed to the trial of 
the accessary, after the outlawry of the prin- 
cipal ; from which I would infer, that, in our 
practice, either the fugitatiun has the effect of 
the outlawry, or there is no argument to be 
drawn from the one law to the other. 

With regard to the old law-books mentioned, 
it is well known to your lordships, that they 
are generally believed to have heed transcribed 
from the laws of Eosland, at a time, indeed, 
when many salutary iterations are thought to 
have been introduced into our practice from 
thence; but that it is by no means admitted, 
that they were ever ingrossed into the body of 
our laws, or that every part of them has been 
confirmed by our practice ; many instances of 
the contrary might be mentioned. But I for- 
bear to consume the time of the Court upon 
this question, because the only ground 1 can 
find to suspect, that it ever was held to be a 
donbtin our practice, is the 153 act, 18 pari. 
Ja. 6, which appears to have been made with a 
view to take away all doubt for the future. 
The words of this sUtuteare, " That in all time 
cumming, all criminal libelessall conteine, that 
persones compleined on are airt and pairt of the 
crimes libelled; quhilksall be relevant to ac- 
cuse them thereof; swa that ua exception or 
objection take awaie that part of the libel 1 in 
time cumming." Which, m more modern lan- 
guage, imports, that, fur the future, no ob- 
jection bhall be sustained against a libel, which 
charges the person accused of being contriver, 
adviser, aiding, abetting or assisting, in a 
crime that is otherwise relevant. 

And sir Geo. Mackenzie, in that very pas- 
sage of his Treatise on Crimes, which has been 
quoted in behalf of the prisoner, though he 
lays down the arguments which have been 
suggested on lioth sides by the authors who 
have treated this question, he concludes with 
observing, that, in Robertson's case, the Court 
found upon this act, that an accomplice might 
be tried, though the principal bad not been con- 
Ticted nor fugitated. 

Upon these principles, the practice has been 
uniform for many years ; and the present cir- 
canatances of the case do not seem to afford 
•oyreuootoderiitcfronit, For your kNrd- 



ships and the jury must be convinced, from 
the facts which have been opened, that as the 
murder was committed with the advice, and at 
the instigation of the prisoner; so, but for hii| 
aiding, abetting and assisting, the murderer 
had been now also prisoner at your bar. 

Lord Advocate (right hon. W. Grant) : 

BIy Lord Justice General ; I stand up at 
this time, to support the reply that hath beca 
made by the learned and ingenious jfeotlemeii 
on the same side with me, to the defences thai 
have been offered for tliis pannel ; but as it 
hath not been frequently practised by mjr pre* 
decessors in office to attend in person atdrcuif 
courts of justiciary, I beg leave, first of all, to* 
say a few words for myself, to give the reason 
of my being now here : and I am persuaded 
that every one who now hears me, will believo 
me, when I declare, that, negatively, that hath 
not proceeded from any particular animosity 
against this unhappy man m the pannel, whoa 
1 never saw until this day when he appeared 
there ; neither is it singly because it is a horrid 
and atrocious murder that is to be now tried ; 
or that the trial is to proceed upon indirect and 
circumstantial evidence, because such cases 
have oflen occurred. But the trutli is, that 
upon my first hearing of tiiis murder, in the 
month of May last, of a gentleman of tbi» 
country, the king's factor upon certaui of the 
forfeited estates that had been but a few weeks 
before annexed to the crown unalienable, and. 
the produce of them approoriated by law to 
the most salutary and beneficiai purposes, for 
the future tranquillity of the united kingdom in 
ll^eneral, and for the immediate advantage and 
improvement of these highland parts of Sootp 
land in particular ; 1 was greatly shocked, and 
considered the murderers, whoever tliey were, 
as having been guilty not only of a most horrid 
crime against the laws of God and huoianity, 
but, together with this, of a most audacious in- 
sult against the most gracious and beneficent 
acts of the king's government, and of ths 
whole legislature ; and, as far as in them lay, 
had endeavoured to make the world or the 

Kublic believe, that the civilizing of the High- 
inds of Scotland was a vain and impracticablo 
attempt ; and under this impression, I then re-, 
solved, whenever a discovery should be made 
of any persons concerned iu this wickedness^ 
to attend at the trial where-ever it should be, 
and to do all that in me lay, consistently with 
law and justice, to convince the disaffected part 
of the Uiffhlands of Scotland, that they matt 
submit to this government, which thev have se- 
veral times in vain endeavoured to subvert. ^ 
And now, as to this trial itself, your lordshipn 
have heard the libel read, and sooie |>arta of 
the evidence which we expect to bring in rap- 
port of it, more particularly opened by tM 
gentlemen who opoke of the same side witb 
me ; and none of these things shall 1 now r^ 
peat ; but only make a few observations apoa 
what hath been offered by tlie oomiMl for itm 
paooel by way of defcnoe. 



3 ^^^^^^^ fof MnrJcr, 

iodt ^(i^ «^ A^» io c"^']^ to lay <^tit of the 
phut is ffyreigD to tht? in^ribi nf the trttil, 
eoiMi^«>| Unvv ^♦'♦^n pleased !u take 
iJ( ^ * grieFnncpi, tbal 

V. - CO nth lenient in 

I ivrT- II iiHun ; n[iij Ihai, by 
of the private pro^ciitoi', n^U 

"^^ ^ ' * 't^TC been retained 

imag I ance. As to tbe 

•Cwbu.^ - I ^. -^^:i gfievancL'Sf J aoi 
jammmt of the pftrticuf«r facts apon 
tiM rnmMiint is founded ; but if it be 
tin: 1 wa» binj^er kept in cloie 

■ivi fhoald have been» or until 
qM|nk*iaiiti«^ officer was informed bow the 
kw gnind. tlie ptuti«<l cao be under no real 
AsAdvmniaire ou llmt occiuint iu bla presfiit 
truit; livcamfr be was tirs,! taken into custody 
wmtS^^Kf^j the Itith of May, that is, about 
aeo: nod KiippoMing it true, that 
Iiyt of so long a pt^riod^ peo[de 
tobim %vhom be liud a mind to 
It htki full time, wticu all these are 
10 mdkt the neeetsary provisioo for 



^ Vomt tlm and oilier pafisa^f^ respecting; 
biiMii|it» •I'ltbich ct»mpt.imt was made in this 
mt^ tbc J^llotvin]^ remarkii are made in the 
it t" I "tt of James Stewart r 

the I'' -standing this matter, it 

litre lu insert a clause or two of 
ad uf purliament'' [the act ag^ainst 
iiiifiri»oiiint;ni, xee p. 59], "oeing 
pi inm 8th and 9tli sessions of king 
* justly f^^-'* ihe palladium of 
fa 1^ le of which it is 

Tliat OUT -^u.^...^.; lord, considering* 
II laili^ murrt%t of all bh good subjects, that 
*1bifib«^tv of ilteir persons be dul)^ secured * 
*Miik7 tret) by the Claim of Ftij^ht, 

*ta.ili' itnent of persons^ without ex- 

' pRflB^ tb« reA»on!b thereof, and delayinsf to 
'M Ifccni tp trial, \n contrary to law ' there- 
' wtiyt«i;^|e«iy, with advice and consent of 
* lWflmM«i^pftriiaiiient, itatutes, enacts, and 
'pJMji, ^~ '^ > shall sign their 

*HAvm^i ^r»on shall here- 

'lUitW tittpri»un».t] lur rusiody, in Order to 
*l^ Ht 99 f crime or offence, without a wa r- 
*fMiBwrit« cspmaiiig the particular cause 
'i* vliiclt be IS Impmoiied : and of which 



A. D. 11B2. 



[69 



As !br the other alleged grieTtnce, I myself 
know certainly the foundation of that ; and so 
far is true, ihitt after i bad es|>ected, for ^oiiie 
time, to receive from the sheriff-depute of thia 



* wnof tb« ini w*iige r| or executor thereof, 

* MlKe ifP f i f i wiP ipetit, or the keeper of the pn- 
'ht) rrottfiiiii tbeaame, is hereny onlarned to 

uM doablir iffittiedialclv under hi^ hand 
' bimtelf. for nif* end after »pe* 
i by the pri- 
ir\Aiy when it 
t[it c.jd of this act— 
f^ all close imprison- 

'' \ ■'■' ' '; ^Mfl 

'MS 

i,T ,u-..ll .. . |,rU>e 

/. thatftt tti»> 2t.l 

iSpd, * Act fur the 

id fauiibimnl of Ui'^U 



f 

lB»i^f i^r at hN 

'Ia4f. 

*lb»eMMiilii»tnt^ 
*lHtorittiiiiin-t ' 

Firvf ki«f 
'^■vcfiKtt 



* Treason and Misprision of High Treason fn 

* the Hie blonds of Scotland, ic. — And it is 
' berifby farther enacted, That the seveml furls 

* erected, or hereaiWr to be erected by bis ma- 

* jesly, his heirs or successors, within tbe said 

* %hires of Dumbarton, Stirling, Perth, luver* 

* ness, Argyle, Slc, or any ot tbeno, sbtill be^ 

* and they are hereby declared to be lawful 

* piisoti^, for (be commitment and aafe custody 
^ uf oflenders ; and the seTeral and respective 
» officers commouding for the time being, in 

* any such fort or forts, are hereby impowered 

* and required to obry and execute all legal 

* firders and warrants that shall be to them di- 

* reeled, for tbe receiving and detaining, or re- 

* Uasingand liberaliog any pciKon or persons 

* committed to their charge or custody by the 
' ctril magistrate.* Which laws, as they are 
snpposed to be known to every snbject, so are 
they more especially to the governors of forts 
and keepers of prisons ; who, if they transgress 
the law, are to be reckoner] oppressors, and are 
punishable accordingly. To say, that military 
men are to be excused, as being ignorant of 
the law, is no better than to make a joke of 
liberty, and laugh at the oppressed. But ig- 
norance of the law is tbe plea ; and, thank 
God, they dare not as yet avow any other; a 
plea which may aa well be urged by the per^ 
petraCors of tbe greatest uf crimes ; and I do 
not bold him as guilty of the least, who shakes 
the foundation uf pu!"lic liberty, by removing, 
though far an instant, the corner-stone upon 
whicn it rests, Ilow far that was done here, 
will appear from the trial. 

*' The true slate of the case, as to the taking 
up and detaining James Stewart in prison, is 
as follows: — Glenurc having been murdered 
on tbe 14tb of May, James Stewart and bis 
eldest son Allan were made prisoners on the^ 
16th in tbe afternoon, by a party of soldiers,* 
and carried next day to Fort-William ; where 
they were imprisoned, without any signed in- 
fortnation against them, or warrant for so do- 
ing; tbour^h the law, as just now shewn, most 
expres!<>ly directs both. It is irue* there ap- 
peared afier wards, viz. July 6, a warrant 
signed by the Lord Justice-Cferk, and dated at 
Kdinburgh, May 17. But as Edinburgh is 
three days journey, or 88 computed mile^» 
from ForVVVIHiam, it can never be pretended« 
that (he imprisonment could have been mad^ 
in virtue of this warrant From the 17th of 
May to the <Zist of August, Juroe* Stewart wa« 
kept in close confrneinent (as to admittance ta 
others to !iC€ binOt excepting once, towardm 
Ihe end of June, when a tetter of dirvctions to 
his wife, with the lorenaiil act of parliament 
ugainKt wroiiw^us imprisonment, were shewn 
M roldut'l t.iawfnn^ the then commanding^ 
oiriter ui Fort-Wilham ; who tbtrcupon al- 
tuvTcd Mrf.l&^evi'9tH and hrr two tittcrv, to i«r 



63] 



25 GEORGE II. 



Trial qfJamet Stewart, 



r&i 



county the result of hU inquiries concerning' 
the munler of Gleniire, and the examinations 
be had taken on that subject ; these were, at 
leoi^th, broti|;rbt to aie at Kdinburgb by cei:tain 

the prisoner; but refused admittance to every 
male friend, or pcnM>n capable of advising and 
assisting him iu bringing on his trial. At the 
same time the prisoner sent one to Barcaldine, 
Glenure's eldest brother, to demand a copy of 
the warrant for bis imprisonment ; and received 
for answer, that he mi(>ht get it from the jailor 
of Fortt William. All this I have seen in a 
letter under James Stewart's hand, dated June 
25. Agreeable to the directions seat to Mrs. 
Stewart, she required Charies Stewart notary 
at Banavie, first to aliew the act of parliament 
to colonel Crawfurd, and then demand, under 
protestation, a double of the warrant for com- 
miittog her husband. But the timid notary 
flecUnM the employment, and left tlie place. 
The cauie of which behaviour in him mav be 
discovered, bv looking st his deposition ; where 
he says, ' Tnat he Tiad formerly declined to 

* act (viz. at the ejec(iou), because be did not 
' care to disoblige Glenure.' And if this was 
thought by him to be a good reason before for 
Dot acting, it was become a stronger one now ; 
uhen not only James Stewart's friends were 
menaced, but the whole country put nnder 
terror. For Mr. Stewart younger of Balla- 
chclish hsd asked from Barcaldine, at the 
liouse of Glenure, a copy of the warrant of 
commitment ; and was not only refused it, but 
told by Barcaldine, that it was none of bis (Mr. 
Stewart's^ business ; and if be acted any for- 
Uierin this matter, be himself should be taken 
up and imprisoned likewise. This yonng gen- 
tleman however, seeing himself the only per- 
son that had courage to speak or ad for the 
prisoner, went to JVlarybuigh, adjoining to Fort 
William, and from thence wrote a letter 
to colonel Crawfurd, earnestly begging to be 
alkiwed to converse with the prisoner about ex- 
press business, and in the presence and hearing 
of any oflicer the colonel should be pleased to 
appoint. To this letter Mr. Stewart received 

the folkiwing answer. * Fort- William, 3 

< o'ckudc. Sir ; colonel Crawfurd desires me to 

* acquaint you, that you are represented to him 

* as a person entirely in the ooulidence andse- 
'cretsof Allan Breck Siewart; and that the 

* intercourse you are said to have held with the 

* supposed murderer of Glenure, at the time 

* immediately precedintf the murder, makes it 
' (in his o|Mnioo) improper for your being ad- 

* wilted either to the prisoners, or as a friend 

* into the garrison. — ^"rhe colonel's illness lie 

* hopes will be an excuse for not writing bim- 
' self. 1 am. Sir, your humble servant, (signed) 

Too. Weldon.' 
*< Now, without saying any thing in parti- 
eular of this extraordinary fetter of adjutant 
WeUoB, is it not evident, that the foresaid act 
•TpMrliMiient, the only security of the liberty 
«f our persoM in North-Britain, was despised 
mA diitbeyad in a moit illegal and arbitrary 



of the family of the deceased, who bad taken 
upon them, as it was very just and natural, to 
be managers and conductors of the inquiry, 
and to cause to be brought before the sheriff to 

manner, by the ^vernor of the fort, even after 
it had been put Into his hands, as above men- 
tioned, and was undoubtedly read by him P But 
this bsppeoed in the highbuids of Scotland, at « 
place governed by miiitery persons, and remote 
from help, check, and every other controul. 
— Soon thereafter, col. Crawfurd being re- 
moved from Fort- William, Mr. Leighton took 
his place ; to whom the prisoner's wife applied^ 
desiring access to her husband. But this her 
legal privilege was not only denied her by the 
uew governor, but she was told, that if she did 
not immediately depart from the town of Ma* 
ryburgh, she would be put in prison herself. 
Thus tliis poor and almost distracted woman is 
driven from the place and neighbourhood of 
her husband's connoement, and <3>liged to leave 
him in a friendless and forkim state. And 
some time after this, the same Mr. Leightoa 
having allowed James Stewart to write a letter 
to one of bis acquaintance about necessariea, 
James ventured, m a postscript, to comploio to 
his friend of the closeness ol his confinement, 
and other hardabi|>s put upon bidi. But the 
letter being carried to the governor, to be reed 
by him before it was sent off, be went in a 
passion to the window of the prison, and tbere 
scoMed James fur daring to write sucb a pest- 
script ; and throwing the letter into the priaoB« 
assured James, that if he did not write bis letter 
over again, and keep out the postscript, oo leU 
ter should be allowed to go from him out of the 
garrison. 

Pudet ban: opprobria vobis, 



£t dici potuisse, et neu putuisse retelli. 

" At length, on the Cth of July, after a dose 
confinement of fifty days, a double of the 
foreioentioned warrant from the lord justioe- 
ckrk was delivered to the prisoner. And that 
h W88 on tliis day, and no sooner, can be in- 
atructed by a letter under the prisoner's band| 
convej^iug this double to one of his friends^ 
By this delay, and tlie hitherto dose confine' 
ment of the prisoner, did the prosecutoxe se- 
cure a most consequential point ; the putting 
it, to wit, out of the prisoner's jiower to bring 
ou bis trial in the justiciary-court at Edinburgb, 
by running his letters ; where his agent would 
have had daily access to him, and the assist- 
ance of lawyers could have easily been got, in 
order to his defence. W heress, by the fure- 
mentioned artful and unlawful methods, he did 
nut see either agent or lawyer till at laverarjTi 
within two days of the trial ; unless it was el 
Tyndroin, where, in the road from Fort-Wil* 
liam to Inverary, he accidentally met with bia 
agent, and conversed with him for about ea 
hour, as shall afterwards be more particulerijr 
taken notice of. Still the prosecutors had it n 
tbeir power to have given bim notice of bii 
Uial, and time for hie agent end Uwycis It 



63] 



for Murder. 



A. D. 1752. 



[66 



be examined, all persons, who, according^ to 
Ibeir ioforrnation, €»iild g^ite any light iu tlie 
affair ; and, with the examinations so taken, 
they brought alon^ with them to me three 
learned counsel, which was also very reason- 
able and usual, and, as in all other cases, was 

prepare far it, by bringing it on in the way of 
presentment, or what is commonly called the 
porteoos-roll. But they were not so disposed, 
oa'qg determined at any rate to have the trial 
U [nverary ; thoufph contrary to the opinion of 
some, that on all other occasions used to direct 
tlie condoet of the chiefest person among the 
private prosecutors. The reason will readily 
occur to the reader, on considering, who was to 
be tried, at what place, and by what jury. 

'* After all, criminal letters were raised, and 
printed at Edinburgh. James Stewart's agent 
betng informed of it, earnestly begged a copy of 
the libel, which, he said, was a favour that no 
pcfraoB (if the least humanity could refuse, con- 
wdering how short a time it now was to the 
ailtiog of ibe court ; and that if no copy of the 
ifldictmenl was g^ven him, and advantafi^ was 
10 be Uken of executing it at Fort-William, 
three of the fifteen days allowed by the law 
must be elapsed, before it could be transmitted 
from the prisoner at Fort- William to his agent 
It Edinborgh : so no sufficient time would be 
left bim for finding lawyers of character and 
expetieoce, and making the other necessary 
preparali'ons ; as roost of the noted counsel in 
Ediaburgfa had been industriously taken up by 
ike private prosecutors long before ; and it 
being vacation -time, the rest of them were gone 
into the country, oc engaged to attend the other 
cireuit-cviuru. Add to these reasons, the time 
it would require to write out copies of the libel 
far the several lawyera that might he prevailed 
■yoB to appear as counsel for the pannel, in 
•rdcr lo their considering it duly before they 
ifaaald meet at I nverary ; otherwise it might 
ioofc fckcr going the^e to^itiiess the form of a 
^1, than to lie of any service to the pahnel ; 
which tbey could not bfe, unless timely prepared 
fcr it. Yet, strange to tell ! even this small 
and usual favour, a copy, to wit, of the printed 
Iftei, was absolutely refused by tlie agent for 
lbs prosecutors ; u bo always shewed (to his 
frabe 'be it said) the greatest diligence in car- 
rjiof on this good work. Nay, a person of 
pM distinctioD was threatened with a cOm- 
pUit against bim, if he, in compassion, to 
vUefa be was much inclined, should give 
or aiSer a copy for the pannel's agent. 
k copy however was procure<l, by mere 
afleidesL It happened thus.— Such care was 
pikco by the private prosecutors at Mr. Fleni- 
■g** printing- hoosoii while the libel was in the 
press, that one for them Mood by all the time ; 
and ao soon as it was finished, the tjpes were 
Mbtf do wo, or discomposed, and all the copies 
csrried mway. It hsippened pmvidenlially, us 
•as then thought, tbmt the prouf-copj\ which | 
bsd been thrown into a corner, was picked up I 
ky acttrions strangeri who most kindly cariiud j 

VOL. XTX, I 



to myself most acceptable, that we might 
jointly consult and deliberate, whether from 
these examinations, and the discoveries thereby 
made, there was matter sufficient for bringing 
this pannel to trial; upon which question we 
all agreed in the affirmative : But these three 

it to the pannel*s agent ; who caused reprint it 
immediately. This coming to the knowledge of 
the private prosecutor?, complaint thereof was 
made to the magistrates of Edinburgh : the 
foresaid stranger was called before them, in 
order to be prosecuted, and the servants of the 
printing-house were threatened with punish- 
ment. But a certain gentleman, of more pru- 
dence as well as interest, hearing of tliis in- 
tended process, advised it to be dropt. In this 
by-way, then, the pannel'a agent being fur- 
nished with a copy of the libel, and observing ia 
it some extraordinary articles, especially the 
general- one relating to threatenings, wa& put 
mto a most alarming hurry, to prepare for the 
defence of his client. He had expresses to 
send to different lawyers in distant places, and 
rode about himself night and day, to try and 
persuade two able counsel at least to undertake 
the office. Of the men of greatest note most 
were pre-engaged by the agents of the other 
side ; some were afraid of the rainy weather, 
anti the length of the journey ; others of re- 
sentment from a certain quarter ; and many re- 
fused altogether. In this perplexing state, the 
pannePs agent, almost ready to give up the 
cause of his poor client, went to one of the first 
counsel against him, and declared, that he wan 
to advise the pannel to throw himself upon the 
court, and to plead his own cause in the best 
way he could ; seeing no lawyers of weiglit 
could be found to speak for him. But this, he 
was told, would be a (Ies[ierate course, and was 
advised by no means to take it. At last, four 
very sufficient lawyers (two elder, two younger) 
were prevailed upon to go to Inverary. And • 
the agent having succeeded so fur, resolved 
next to go to the pannel at Foil- William, in 
order to learn from hinv^elf what (le had to say 
in his own defence. Hut being informed, in a 
direct manner, that not only the pannel himself 
was kept in illegal close conKnement, -but that 
likewise his two sons, his two servants the Mac- 
colls, ami others in the list uf witnesses against 
him, were all confined in the same illegal way 
in the prison of Fort.-Witliam; and particular- 
ly, that the said two Maccolls had been kept 
there in shackles, or hand-cuffs, for the space 
of three months, and a third Maccoil (the bou- 
man) shackled in the s:inie way some shorter 
time; he, the agent, Jintged it proper to ask 
an oriler from the lord justice clerk to the 
keepers of the prison where lliese Witnesses 
were detained, to give aeress to the agent, to see 
and inform these prisoners, (in the presence of 
the ofliccrs of th»^ garjjs<«i, or of any of the 
jiibticfs of the pencT or minister of the gospel 
he u»i;;lit find tlirre), not to be terrified hy the 
crnel :;:id iilr<!:il trintiiieut they had met witli, 
and to .s\ver\r no:hin<r but what whs true. With 
F 



67] 25 GEORGE 11. 

geotlemeii, though Tery able in their profei* 
MOO, were not til the ezperieoced coaniel. And 
as it is my comtant with to see every pannel 
as ahly ildreDded as his oaase wilf bear, it is 

this Tiew Mr. Stewart, the pannePs agent, 
gate in the following Petition : 

•• Unto the Right Honourable the Lord Jus- 
tice-Clerk: 

** The PETmoN of James SrEWAiir in Aocham, 
Allan and Charles Stewart his sons, Doanl 
and John Blaccolb hisserfants, Alexander 
"Stewart packman in Appin, John MaccoH 
bouman to Appin in Koalisnacoan, and 
Juhn Carmichael miller in KinlochleTOu, 
all prisoners iu Fort- William, or trans- 
ported from that to Inrerary. 

" Humbly sheweth ; That your petitioners 
Were in May last apprehended, and incarce- 
rated in Fort-Williaoi, upon suspicion of being 
art and part in the murder of Colm Campbell of 
Olenure, deceaied ; and have been close confined, 
and no admittance allowed to theiA, since they 
were incarcerated, though frequenfly required ; 
notwithstanding the act of parliament, in the 
Tear 1700, anent wrongous imprisonment, pro- 
hibits and discharges close confinement of any 
prisoners after eight days ftom the time of com- 
mitment 

*' May it therefdre please your k>rdship, to 
grant warrant and ordam the gOTemor of Fort- 
William, and all other keepers of prisons where 
your petitioners are, or may be sent, to gi?e 
free access and admittance to all persons who 
shall desire to see and conferee with your pe- 
titionere, for their defence, or any other lawful 
affairs. — Acdbrdincr to justice, ^c, 
** (Signed) A. 8tc\vart, doer for the petitioners. 

** On this Petition the following dehferance 
was given : 

«' The Lord Justice-Clerk having considered 
the above Petition, and having interrogated Mr. 
Stewart who signs the same, whether he had 
instructions from all or any of the prisoners in 
whose name the petition is offered, to complain 
of their being confined otherwise than agree- 
ably to the directions of the act of parliament 
anent wrongous imprisonment ? and he having 
answered. That he had written instructions 
from James Stewart, one of the petiiionen, to 
set forth as above, but no direct order from the 
other persons themselves* ; grants warrant to, 
and requires the keepers of the prison at Fort- 
William, and recommends to the commanding 
otiicor, to give access to the friends and 
lawyers^ at all proper and convenient times, to 
see and converse with the said Jamea Stewart, 
in order to prepare for his defence ; a criminal 

* " Mr. Stewart offered to give oath upon 
it, that he was properly instructed to make this 
ap|)lication, hut did not chuse to shew his letter 
of instructions, it containing tbingi not yet 
f roper to be known." 



Trial of James Sietoartf 

with oleasure that I now see this ptnnd at- 
tended by lour of my brethren, who I am sur* 
will omit nothing material for bis service. ' 
Upon the cause itself, there is, in reality, no 



libel having issued against him, in order to 
his trial at the circuit-court to be held at In- 
verary : but refuses to interpose as to those 
who have given no express direction to com* 
plain of the keepera of the prison where they 
are said to be confined, or to give any orders as 
to keepere of prisons, who are not accused as 
having done any thing contrary to the duty of 
their oflice. — Given at Edinburgh tbe SOtn of 
August 1759«— (^S^^) Ch. Are8K«£. 

** And here let it be remarked, as an occor- 
renoe in these proceedings, not the least extra- 
ordinary, that a British subject waa obliged to 
sue, as a fiivour from a judge, for what be had 
a right to by his birth. But it was still inore 
extraordinary, that that favour was refused m 
some parts, and scarce muted in any. The 
great officer of justice who was applied to, ex- 
pressly refuses to interpose as to some, vis. . 
those who have given no directions, though 
he owns they are said to be confined, (uA' 
whose confinement prevented them finom gi? • 
ing directions) ; and refuses to give any oideni 
to jailon who are not accused of having done 
any thing contrary to the duty of their office ; 
as if the very applicatiou to him did not import 
a breach of their duty in the grossest manner, 
in defiance of law, nay of a law the most sa- 
cred barrier of tlie riffhts of the subject. This 
is what he refuses : let us see what he graufs. 
He grants sn order to the jailor, and ne re- 
commends to the commanding officer of Fort- 
William, to give free access to James Stewart, 
one of the prisonera, a criminal libel haring 
issued against him, as if that dreumstmnce 
was the reason of the admission. The words 
of the act are free, as the natural rights of 
mankind, from which it was derivra^'^end 
which it was calculated to ascertain. It is 
an inhumane restraint on the most valuable 
of human blessinsrs, liberty, that that law 
meant to ward off": and all that are impri- 
soned, are equally entitled to its protection. 
It is not to the pannel, nor tu the witness, bat 
to the prisoner, under whatever denominatioii, 
that it extends its relief. And surely, if any 
distinction had ever been intended, witneMfen 
would have been the last to have been included 
in it ; whose information is more necessary to 
the agent, than even that of the accused him- 
self. But, restrained as this part of the order 
already appears, this is not all ; for it was di^ 
rected to the jailor of one particular prison 
only ; s restriction of so inuch the more con* 
sequence, as it will appear the prisoner was 
removed from that prison before the agent 
could well reach it, nay and in consequence of 
a warrant sent from Edinburgh for that very 
purpose. As this affair will suggest sufficient 
matter of observation of itself, 1 shall make 
upon it but this short remark. That igtuMUMie 



§9] ~^^^H^ for Murder, 

fk^ea to 1 dtbitoeti the retevaocy oMIie libel ; 
90f ^kMS lli«r« ippear to me to be aoy iltf- 
» betvrixt us mmccnung the interlocutor 
lenre or ex{i«cl to receire irom jour 
1% foe iHi' J * I i»f counsel lor tbc 
Tbvre Ailmii i ocity of the crime 

bijxi AS struiigiy qb I am able to 



1.0. 1752. 



[70 



I 



JkB hm CMDQt be pleaded in this case^ as it 
v»is ihil 4>f the military jailors* Nor let 
llot f«HllcQicti take ofTenee at this apnella- 
Ml { im mtMoe ihev submit to the drudgery 
^~ my ao «iQfse\ ol^ the ofiice^ let them bear 
liiatMHioiir of ibe name: fur little is the 
between bein^ exborled by recom* 
If, or compelled by orders, to the ex- 
' iba fuDotion, unce exercise it they 
10 return (Votn a digression, which 
i will, it is hoped, eJCcuse : 
fe deHverance was sent by express 
%m F«rt Wtnkin, the panorl was served with 
iW ofittbftl letters on the 21st of August, 
I iajB before the trial came on ; 
rtoif hw of these days ibr the troops 
wHii their prisoner from Fort Wil- 
» Ifffcrmry, and tiie three Suudays that 
d, there rem tuned only twelve free, 
MSI precious days, 
^ Tb« pexiner^ agent having taken at Edin- 
hmgb mbmi previous stepiit (he shortness of the 
liaft avowed bun to do, set out for Fort Wil* 
Uftm OQ ibe ftasit day of August ; and, on the 
Sd of 8etttrmber, met acculentatly with the 
leoael at Tyndrom, ^uiirded by a party of 
I, in their way from Fort William to 
iry* lie instantly applied to the com- 
0(fficer, and desired leave to imeak 
r sriiooer* TUlh uas at first renised 
hf ibe officer, btfcauhi! of his orders, and 
Ibe cBoliiied warrant thut \vn% shown htm by 
teafem : but at last, with great difficulty , he 
VMeUvvetl ij converse with the prisoner for 
I bofir. The agent then found himself 
to ride on, c^ven into the country of 
iital lie uuLitit there search the pannePs 
and t il of facta, &c. Bnt 

•bat via bi* - , . when arriving at Au* 
lkam*tke pa»ni4 »d wt^lling bouse, he tound ibat 
hk iapa»ilflrici bad bff>n opened and examined, 
Acit 4»tfiEfc»t liitit- i] out any warrant, 

If Dear ralaaioas i)\ uiort, assisted by 

iwirtary fon 4 away whatever 

pftfstliejti lilt tbetr purpose. 

Bfdmoetrsvi iKii u* imi tnry, where he met 
of ibe paimcrs laN^^ers oci 3Jutiday 
^irH tbe 7lh '-* w ^.-...1 .. ,r s r- the imh 
h»U<. Tbry n to ihe 

pumel; bot^u^ :„.,. ,.i, :.>ienoon, 

•bea Cbera icmaim-d but a duy and a halt to 
ila|aaa<f to mi'^^nv tnK tLKut lor the drawing 
• ilale iv I ^ counsel for pre- 

ibe proper inter- 
I im the VT This iras a work 

aordjr rcti|utrt*i '> bnger time» as 

eaeiy ptranti uf the l»^ >rtce iu these 

till are } end i the lav hai 

k iiji al kAf t.^ 



L Cd 

r 5t 



express It: snd ihey tartiier admitteil, ns ibejrJ 
must have done, that the chargin«t the panuetl 
as being guilty, or art and part of that crime«| 
is relevanl: lo infer the conclusion, and nec^s* 
I aarily requires his being remitted to the know- 
ledge of an assize, whether be is so guil^J 
or not. / 

And, on the other hand, I readily admit tul 
them, that the laudable and just practice of I 
this court, vf later years, hftth been, not to find] 
or determine a particular relevancy upoa cer« 
tain facts or circumstances set forth in the iful)«] 
sumption, or minor proposition of the lihej,] 
which is indeed, in some measure, to pre* I 
occupy the province of ihejury^who are thttl 
judgi'S of the fact, and is also dangerous to the \ 
course of justice; because, when a number uf J 
facts and circumstances were found jointly re- j 
levant to infer the pannePs guilt, it the least] 
material of these should not be proved, %l* I 
though a more pregnant circumstance, that J 
was not specially libelted or expressed in thai 
interlocutor, should come out upon the evi»| 
dence, if the jury followed the directions ofl 
that interlocutor, and adapted their vprdict ta I 
it, the pnnnel behoved to be acquitted, thougb 1 
in reality, and in their opinion, he was guilty, I 

It was not, therefore, with intent that your'l 
lordships should give your opinitm upon tber 
relevancy and sufficiency of the facts and cir- ] 
cumstances set forth in this libel, that thesa] 
were so particularly there inserted ; but this 
was done agreeably to some of the best prece* I 
dents in the records of this court, for the fur- ' 
therauce of jnsliee, both iu respect of tlie pro- ' 
secutors and of the pannel : for the former, 
that as the evidence to be brought is circum- | 
staotial, the jury may be the belter enabled td 
ponder the several circumstances, and connect | 
them together, and attend to the evidence that 
shall be brought for nroof of them ; and for 
the sake of the pannel, that he, knowing tha 

* As to the ustirpstion in this respect upon 
the province of the jury which was practtseil 
ita Scotland for a period terminating not verf 
many years before (he time of this Trial, sea 
in Mr. Hume's Commentaries on th< Law 
of Scotland respeciiiig IVial for Crimes, tha 
history of the charge of Art and Part (chap. 7}| 
ami more particularly the history of the mter- 
locutory of Rtlevancy (chap. 10). See also 
A rBot*s observations, (in his Collection of Cri- 
minal Cases, p. 174 ) already quoteil, npno the 
usurpations which the Courts in Scotland after 
the HestoratioQ exercised upoti the province of 
the jury. 

By titis usurpation, If I rightly understand 
the matter^ the jury were precliiWtd from con- 
si deri Kg not only the; le|L,'At '^uilt of the utfence 
charged, but also the suthciency of the indkiu 
alleged to prove that fact ; and their province 
w as confinetl to the considcnitiou whether those 
indiciu had beeti provedt Hi;p, as connecti^d ,' 
with this, the passa^^e from Mr. H^inie ctted iti 
a note to the conclusion if AIi. Brown's reply » 
ia fav our of the paitoeU 



71 



25(M<:ORGE II. 



7 rial ojjatita Steaiart, 



[72 



jiriiicipul facts that were to be proved is sup- 
port ot' the charnre a&fainst him, might prepare 
the evidence for his vindicatioo, and for ex- 
ulaiuing those appearauces of guilt with which 
lie was loaded, in the best mauner he should 
be able. 

Another thing concerning the interlocutor 
to be pronounc^ by your lordships, in which 
I most readily agree with the pannel's counsel, 
is, that he should be allowed to prove the se- 
▼eral'facts alleged for his defence, and evefy 
pertinent fact or circumstance, that he or his 
counsel think, may be available for proving his 
innocence. 

And thus far we seem to be agreed on the 
terms of the interlocutor, if the tnal is at all to 
proceed ; against \rhich one previous objection 
tiath been made, namely i That this pannel, 
mIio is only said to he ciiarged as accessary, 
cannot be tried before the principal, Allan 
Breck, be first discussed : in support of which 
objection, they ^ave alleged certain passages 
in 'he old books of the law, and sir Geo. Mac- 
Jtenzie in his Criminals, title Ait and Part, 
parag. 9. 

' But to thi% I answer, iirst of all, that sir 
George Mackenzie himself, in the passage re- 
ferred to, furnishes an answer to the objection ; 
for. af\er stating the question, whether acces- 
saries can be suctl till the chief actors be first 
discussed, and quoting the passages in the 
Hegiam Majestatem, and other old books that 
fivour the negative, he adds a decision of that 
question in this court in these words : ^* not- 
withstanding all which, Charles Itobertson 
being pursued as accessary to the casting down 
of a hoiiso, which was libelled to have been 
cast down by his sons and servants at his coin- 
maml, the justices fuund, that he might lie put 
to the knowledge of nn inquest, although the 
children and servants were not first discussed ; 
because the act appointing a libel to be relevant, 
bearios: strt and part, did abrogate the foresaid ; 
4tli verse, 26ih chap. I. 4. H. IVI. since such as 
are pursued, as art and nart, are all principals/' 
This was the decision or the Court and the rea- 
son of it, founded on the act 1592, chap. 153, 
which enacts, *' That, in time coming, all cri- 
lu.inal libels shall contain, that persons com- 
plained on are art and part of the crimes li- 
belted ; which shall be relevant to accu.^eihera 
thereof; so that no exception or objection lake 
away that part of the libel in time coming." 

The author proceeds in the same passage to 
I'ccite some part of the argiimeot previous to 
this decision ; and says, <' That the advocate 
alledged, it were alnturd, that the king should 
be prejudged bv the absence of the princifial 
party ; to wiiich it was answereil, that the king 
was not preiudged, seeing, if the principal 
party were discussed and denounced fugitive, 
the accessary might be proceeded against." 

Now this* is what hath been done in the 
])resent case : Allan Breck Stewart htth been 
called upon to stand trial tor his part in the 
same offence, and hath been denouDced fagi* 
tive for not appeariog to abide his trial; 



which is discussing him as far as the laws of 
this land admit of, when his person is not in 
custo<ly. 

But further, it is to be observed, that Allan 
Breck is not charged in this libel with being 
Uie principal, and this pannel as only accessary 
to the murder of the deceased G tenure ; they 
are both charged in the same words iVilb being 
guilty, actors, or art and part of the said beinoiAt 
crime ; that is, in the terms of the statute of 
king Ja. 6, just mentioned : and though it be 
true, that in the subsumption or recital of the 
facts, it is said, that the actual murder, or firing 
upon the deceased, was committed by Allan 
Breck, it is also said, that this was d6ne iq re^ 
venge of the quarrel which this pannel took 
up against the deceased, and in pursuance of a 
concert or conspiracy betwixt the pannel and 
Allan Breck, to take away the life of Glennre; 
and such being the case, they are in reality 
both principals. By the law itself (I. 15 ad 
legem Corneliam desicariis)*' mandator dedis 
pro homicidft habetur :" and the learned Ma- 
theus, de Criminibus, in hb prolegomena, e. 1, 
§12. '* qui mandant scelus, quique mandatusa 
exequuntor, utrique rei sunt, et ordinariv niH- 
dem pcense snbjugandi," and for proof of tnis» 
brings many arguments and authorities ; and 
inter alioj ** cum quis alicui mandat scelus, 
raandantem quidem caput esse; mandatarium 
vero manum, et instrumentum mandantis. 
Hinc sacro quoqute oracolo ccedes Uriie Davidi 
impingitur," U »am. xii. 9. in which text the 
words of Nathan the prophet to David are, 
'' Thou hast killed Uriah the Hittite with the 
sword." 

And indeed it seems not to be agreeable to 
reason or natural justice, to hold, that, if this 
Allan Breck, for instance, the actual manslayer 
in the present case, instead of making his 
escape beyond sea, as probably he hatb, had 
died a natural death, and so become out of tbs 
reach of all human laws, before this trial ooaM 
be brought on ; and supposing the most direiA 
and positive evidence could be brought, that 
Breck committed the murder libelled, by the 
counsel, command, or direction of tliis pannd, 
or, as our old laws express it, 'out* hounded' by 
him, that yet this pannel could not be brought 
to justice, because truly, though the author, be 
was not the very actor cadis. 

But that such is not the law of Scotland at 
this day, besides the case mentioned by sir 
George Mackeu/Je, 1 need only remind your 
lordships of the very last trial in the Court of 
Justiciary at Edinburgh, of James Drummond 
Macgregor, for hebg guilty, or art and part of 
the crimes of hamesucken, forcible marriage, 
and rape: for all which the trial proceeded 
against him ; and though, in the crime of 
hamesucken, he and his accomplices mieht be 
all equally principals ; yet, in the forcible mar- 
riage and rape, Robert his younffer brother, to 
provide whom with a wife and fortune that 
wickedness was committed, was no doubt the 
principal party and actor ; and yet Robert had 
been no otherwiie discnsscd than Alten Breck 



73] 



Jar Murder, 



A.D. 1752. 



[71 



hu been m the pretent case, that is, called upon 
ta abule his trial Tor these offences, and pro- 
DOUDoed a t'ugiliTe for not so doinsf. 

At for the argument which the counsel for 

the nuinci have chiefly insisted upop, and 

irlueo ihey have' professedly, and 1 think not 

impropcriy, calculated for the jurors who now 

bear as, namely, to impugn the relevancy or 

aaffidaocy of the several facts and circum- 

ilascefl libelled to infer the panoePs being 

^'hy, or art and part of the murder in qui^s- 

lioe ; I do not chuse at present to enter parti- 

ealariy imo that argument, but to reserve that 

tiU we come to anm op the evidence to the 

junr, Mieh aa it shall come out in their presence; 

which may poHibly in some articles be weaker, 

aad 10 others stronger, than what is set forth 

in the libd from the materials that we then had 

bifiire ua ; hot io order to shorten our work at 

the end of a long trial, and to en^^age the at- 

teatioD of the jury to the evidence that shall be 

Vravght before them, in support ot this libel, 1 

beg leave now to make a general observation 

or two far their sake. 

h hath been admitted by the counsel for the 
wt even in the trial of crimes, circom- 
I evidence, when clear, is not only com- 
petent, bat perhaps the most satisfying and 
eoDvinciog proof of any ; and it was well said, 

* that circumstances are inflexible proofs ; that 
witncases may be mistaken or corrupted ; but 
tUngs can be neither:'* to which I will add, 

* See Burnett's Treatise on Various Branches 
tf the Criminal Law of Scotland, chap. xxi. 

See also to the same eflect Paley's Princi- 
fks of Moral and Political Philosophy, book 6, 
chap. 9, vol. a, p. 299, 8voed. of 1811. 

1 csaiifass, it seems to me, that the compara- 
tiie cogencv of circumstantial evidence has 
^«a asmetuDes estimated too highly, and no* 
Mad with perfect justice. <^ In this," savs 
Mr. Burnett, <* circumstantial evidence (the 
vitaeans being all credible) differs from posi- 
lif^ that in the former there is not the same 
nk of error and falsehood. Witnesses to the 
6ei uMy be mistaken, or may falsify—* they 
■ay err,' as lord Stair says, * through inad- 
venoiee or precipitancy, and through the se- 
ott insinaationa of favour and hatred which 
Aey thenaselves do not perceive.' " 

** Circumstances," says Paley, " cannot lie." 
^ If the alleged circumstances, from which a 
^ is calM upon to infer guilt, were to be 
vitessed by the jurors themselves, these com- 
■cadatioDS of circumstantial as contrasted 
vilb direct evidence, would he much nearer, 
tba they are, to the truth. 

• Mr. Hume, (Comm. Trial for Crimes, vol. 2, 
chap, zv, p. 237), treaU the subject with much 
jsdgneot and fairness : 

** J have assumed it," he says, " as a 
lawful Iking to convict on circumstances 
Mriy : and I will not liere multiply caseH in 
psefefapoaitiun which boot only vouched 
ky the whale Mries of oor-crimiDal records, but 



that the competency of such evidence, for in* 
ferring the ordinary capital punishment for 
murder, was solemnly decided in the Court of 
Justiciary at Edinburgh, in February 1718, in 
the trial of Stewart A&rcrombie, for the mnr- 

also is grounded in reason and necessity, and 
the law and practice of all other civilized 
realms. Certainly it must be allowed on the 
one side, that in anv case of pure circumstan- 
tial evidence, it is atways possible that the pri- 
soner may be innocent, though every parti- 
cular he true, to which the witnesses have 
sworn; a thing that cannot happen, where 
they swear directly to the deed, as done in their 
own presence. But on the other side, such is 
the difiiculty of contriving an apt and coherent 
train of circumstances, that perjury is far more 
easily detected in cases of thift description: and 
thejust influence of the former consideration 
is not utterly to exclude a sort of evidence, 
which is often irresistible to the mind, and 
which, with respect to many crimes is tbe only 
sort of evidence that can ordinarily he obtained; 
but to recommend to jurymen the propriety ot* 
caution and reserve, m which indeed they are 
seldom wanting, as to the sufliciency of the 
presumptions of guilt, on which they are t6 
condemn." ' 

Undoubtedly, each sort of evidence fur- 
nishes cases of very various degrees of strengtii ; 
but in considering the merits of the two sorts, 
it seems not to be a legitimate procedure, to 
state on the one hand a very strong or a very 
weak case, without stating on the other, a case 
as nearly as may be, of correspondent strength 
or weakness. When it is said, *^ witnesses 
to the fact may be mistaken, may falsify, may 
err through inadvertence," &c. it should be 
recollected that all this is not confloed to wit- 
nesses of direct facts, but extends also to the 
witnesses of circumstantial facts ; when it is 
said that circumstances cannot lie, it should be 
recollected that the relators of circumstances 
can lie, and that circumstances themselves 
may deceive ; when it is said that the concert of 
a number of persons to impose on a court of 
justice a tissue of manifold falsehoods is im- 
probable of contrivance, difficult of execution^ 
and easy of detection, it should be recollected 
that circumstantial evidence contains not al- 
ways either numerous circumstances, or cir- 
cumstances which are attested by numerous 
witnesses ; when it is said that circumstances 
trifling in themselves may by concurrence .su- 
perinduce decided conviction, it should be re- 
collected that the more trifling in itself is any 
circumstance, tbe greater is thc^ probability that 
it was inaccurately observed, and has bc»n er- 
roneously remembered. It is to be hoped, that 
false witness is not oflen, either by design or 
thn»iigh misuke, given against culprits. It 
should however always be recollected, - that 
this is the only fallacy to which a judgment 
founded upon direct evidence is liable ; whereaa 
■ jud^^ment founded upon circumstantial evidence 
is liable not only to this fallacy of false witnea^ 



75] 



S5 GEORGE II. 



Trial qfJawet Stewart, 



[76 



ilcr of Atexander Hay, Mm to Mr. Robcirt Hay 
01* Nau^btou \ in which the art^ument was 
treated with great learuiog, aud full infomia- 
tJoiis on the debate wrillen by the now lord 
proaident of the court of aeasioii, who was the 
prosecutor, and by the now lord justice* clerk, 
who was of counsel for the pannel. And I 
mention that case, which 1 have lately peniseil 
in the record, to rive your lordships and the 
jury aspectnenof a circumstantiiil eridenceof 
murder, that, in iu general nature or com- 
plexion, was Tery simUar to the present : the 
case, there, in short, was, that some days be- 
fore the murder, Mr. Hay, the deceased, and 
SlewMt Abercrombie the pannel, had been, in 
company, when Hay complained of an atfront 
given hun by Abercrombie ; upon which no- 

but also to those of false inferenoes-^iu other 
wordS| that direct evideuoe, if true, cannot pos- 
sibly mislead, whereas circumstantial erideuce, 
though in all its -parts most strictly true, may 
yet mislead most grossly and most fai^lly. 

Mr. Burnett, in his chapter (sxi) on Pre-, 
samptire EridtAce (p. 5S8), notices that, 

" Beccaria mentions a singular practice 
which preraiM in the parliament of Tboulouse 
of admitting fanciful numerical estimates of 
inconclusive circumstances to make out a le- 
gal proof; thus, « hearsay might be a quarter ; 
anoUier hearsay, perhapa more vague, an ei^^hth 
of a proof; and thus, what is no evidence, might, 
by this artificial and absurd combinatiou, be 
made to amount to legal pi oof.*' 

It is observable, that from about 1690 to 
about 1796 (see Hume's Comm. Trial for 
Crimes, chap 10, vol. 2, pp. 49—67,) a prac- 
tice of a nature somewhat similar to that of the 
practice which Beccaria relates of the parlia- 
ment of Thoulonse, seems to have prevailed iu 
the courts of Scotland. It is thus exhibited 
by Mr. Hume (p. 6 J). *•* 1 cannot propo^y 
Miit to mcotiiin, that this fashion of wei>;hing 
artictdately the several presumptions in a hliel 
proved the ground (at least 1 can 6ud no other 
account of it) of a still more irregular ground 
of judgment, which was thus : At the same 
time, that the whole presumptions libelled 
wero found jointly ivlovant to infer the pan- 
iial*s guilt of the crime charged, S'ld to sub- 
iect him to the full |iains of law ; separate re^ 
levaocies were fouiid of arbitrarv and inferior 
piuishmeiit on these prosumptions severally, 
or certain moro limited combinations of them. 
In some situations a judgment of this sort may 
no doubt be proper, and suitable to the rase ; 
because it may happco thai a part onhr of the 
particulars libellea aro suffineut, of them- 
advea, to iafer aoBie lower d^^give of guili« 
and Gonstitnta an offence of its own kind, 
■nch as descrvei ami may wamMabljr roeeire 
r Iha liM wIhgIi k in cowt, 
iTii belaid iatlMproiMrforoi. Ifalib^ati 



thing then ensued : but, just before the murder, 
which hapiiened about uine at night of the 6ih 
of December 1717, Abercrombie was drinking 
in a tavern near the head of Black-Friars wynd, 
when Mr. Hay came into the bouse, and made 
one of the servants call him out into another 
room ; Abercrombie went to Hay, leaving bis 
hat in the room where his company were; 
they went out together near to a lamp at the 
bead of the wynd, where a scuffle ensued be* 
twizt tliem, without either uf them drawing, 
though they had both swords ; and, duri^r 
this scuffle, Abercrombie drew his sword, and 
run Hay throogh the body, who was heard orjjrt 
He was murdered, and bad got foal play, hm 
sword not hating been drawn; and soon after 
dropt down dead : Abercrombie was still witbom 

responding to these several charges, certainly 
such of these presumptions, as amount to evi- 
dence of the attempt only, may regulariy be 
sustained to infer some interior correction, m 
well as the charge of fire-raising to infer tba 
higher pains of death and confisnlion of good«« 
But the practice to which 1 now allude was 
something of a quite itificrent character, and 
far more difflcult to be defended, viz. the find- 
ing of a rdeiancy for arbitrary punisbmeat, 
in respect of each or several of the presumptiQas 
of guilt related in the libel, oonsidmag Ihtai 
as founds only of suspicion, or dreamstaDOSS 
of evidence, oF the capital and only criiaa laid 
in the libel. Sti-ange as it may seem, tbe law* 
yers of those times appear to have reaaoacd 
thus: that if all the presumptions libelled wa« 
jointly suficieot to convict the pannel of tbe 
full charge, and to fori'eit his life ; oeitainly 
each of Siese. of itself, implied at least sope 
sort of concern in the guQiy deed, and justly 
exposed him to chastisement less or more." 

See somethiDi; concerning circumstantial 
evidence, vol. 16, p. 650. Vol. 17, p. 14Sa 
See also tbe Case of Barbot, vol. 18. p. 1S90. 

The geceral opinion in Scotland seems to be, 
that Campbell was not killed by Allan Breck 
Stewart, but by Charies Stewart the pamidii 
son, who afterwards became a shoe-maker in 
Edinbuigb, where he died. It appeared to ma 
that some doubt was entertained in Seodaod 
whcthtT the pannel had any partidpalioa ia 
tbe slaughter. 

As to the maxim. "It is bctur that Vm 
guilty men should escape than one innoosai 
sudvr," see vol. 7, p. 16S9, and particalarly 
sir Samuel Komillv*s admirable remarlts. 
•« Unless," says Jo&nsoo. ** civil institntMBa 
ensure protectwo to the innocent, all tbe coa- 
tidence which mankicd shouU have in then 
wtHild be k^M.** See Bwwetl*s Life of him, 
vol. il. p. 4r9, 4to, 1st ed. 

in a note la Eunomus, DiaLnpK 111, p. fifiS* 
A aditsoo, lufcica cs v made to •« aa 



|7T] 



Jhr Murder* 





by no perwn who knew 

lira souffle ; they only saw ibe 

willitttlt the lut fttub tlie other who liatl 

■•i, mfxer hit bad nW^^n the woumi, in> 

nf rttttrttiui^ to I ny where he 

Wfiysbftt, called <i lavern, vrhere 

%» ti0r?»*t4 a hut, iind utut directly to his 
>nO iij bed, uhere be ^vas^ (hat 

lo Iftw lib r him, «U the circiim* 

inculafiy set forth ; and, in the 

br the proseculor, there is the fol- 

which 1 have extracted, and 

b^ leiv« hm lo read i ** The paonel trusted 

^ -*-- dlaridicsf af ih^ nighty and secrecy in 

be IimI commited this crime, as sufficient 

^ jt bia fre^m the eye ot juitice, and pre- 

vivt Ins |iiiiibhmrtit ; but that same wise pro- 

♦ wbioh to m«f times lea res men to eate- 

lb«if wicked il^ti^nn in !iuch a manner, 

uQ^sr tueti cifcumstancrA, as eroboldcns 

to ipt rm with hopea of impanityi fre- 

I? brio^ftliuac very critiies to lijbt» by a 

Iff imcofery r>t unforeseen incidents 

ciremttaces, concurring: to Hx the jET^iilt 

lb» eHin&iMl, with more force of con vie- 

ml «ii«oglli of efidence, than two con- 

could ^vo» on purpose to 

biee tbr world bow hltte darkness or se* 

in b# r«lied ^n, either as corers or 

to wickedness, 

ihm case of thin pannet : had it not 

fem bj tli« ««iiall chance of his leavincf his bat 

it Ibf riMiii with (he company where he was^ 

»bt« Hb came forth to perpetrate this crime, 

li aiiglfl bate gone off u ndis covered .>- But 

thai hmII acodetit, first indeed taken r.otice of 

hf m ebiUf who obBcrred tbo bat in the cellar, 

ll to bf Mr. Abercrombie^s, fed thone 

to a f^n (iiAcovery of stich other 

ici' r; B apposing' no p 0- 

ibWt fmof et 1 appear, are more 

^k§m taikimT to ct^nuernfi the panocl in the 

fywif CPvy jodcrc and jury, and of every per* 

9m ifci wfia wilJ lav himself open to receive 

ftwn trutli."* 




'art! 




^ Tb« IfiuHoentor of relevancy in this Cafie 
if Abfrrmoiiie (Fab. 0, 1718) is thu^ Lnven by 
Vr> Ifttiiw (Ctttam. Trial fur C i|f» 

1V*0|. 1, a. M.) '<TlieLor*ls, the 

■fl aaaofn bta having about the lime aud 
llbtttalad ff^irrn Alexander May the defunct, 
iiiUlfp artt ' ' weapon, a mortal 

I. net within a short 
mU piinnel was art ami 
infer the pain of death, 

' •" '. ■ ■ ' ■ "j'.7i, 

■ ivt 

jind that the p^iu- 

. D httle bribre liie 

tiouie or cellar of 

M-rwod in lUo room 

be left 

:jy with 

ccibri did lea? e be* 



lalaanh*^)' 
biflhal tliTJ' 
ibtilrfiiaei i^ 
M Ibp defii 
arf. wirti ibt .*' 
mm4n, aM»o Ift^i 
Ufa. Liwdmy^ aini 
•ilb ibna I and il < 
Ir. CbieHnr an^^ 
•bmbaim^ •!» aaid 



A. D. 1751 

Ttie jnry in bis case were of that dispo»i*1 
tion ; he was convicted of the murder, and sni^] 
fercd for it. 

Another remarkable instance of this natareg J 
was the case of Alexander Maccowan, who wasl 
trietj by two of your lord8hi|j« here present, if J 
tlie circuit held at Perth in May 1750, lor thfl 
must horrid murder of Margaret Maclean » and 
of Marg-aret his own child by her, an infant < 
about tbi-ee or four years of apfe, committed in 
Augfusi 1749, not far from Ci ief, in the shire 1 1 
Perth, in a ihickei of wood, where he lef\ thetrl 
bodies, after hnvin^j carried away the monevi 
and clothes which the said Margaret had along] 
with her in a bnndle. Before tlie bodies wer#| 
discovered, they were m manfjlid, that tbe^l 
oontd not bo known, otherwise thau by the] 
clothes which were on the Iwidy of the woman,] 
which her relatinris could swear to: the evi-l 
dence against the pannet was wholly circum«| 
stantr^l, and consisted chiefly of there being | 
found in his possession, atler the murder, ft] 
pair of stockings, a linnen shirt, and a muslin i 
stock, that were proved to have been in possea*! 
'sion of the decea.^ed when she set out for Edin^j 
burgh, where she had told her relations, sb« f 
bad heerf invited by the pannel to go along, 
with him, in order to their being marrietl toge^l 
ther; and, upon this evidence, he was con* J 
victeil of this double murder and robbery ; andf^i 
opon your lordships' sentence, suffered lbm\ 
[Kinisbracnt tiiat he so well deserved. 

My lords, it apiwars to me, that the present] 
case affords a fresh instance, similar to these 1 1 
hare mentioned, of a (irovidential discover? oM 
circumstances, serving to fix the guilt ot ac* f 
cession to this murtler upon (he now pannel, j 
notwithstanding all ihe precautions by hirtni] 
used to conceal it: his enmity aqfainst GlentirCh] 
for ivmoviog him from bis own po^ession inj 
May 1751, and dii^continuing to employ Itinil 
in the management oK the Ardshiel estate, wwirl 
well known ; as likewise the various efiorts h^j 
made to prevent the removing of oertiin tenanti J 

bind him his hat in that it)om ivbere tbe com- 
pany was, where tbe same remained till af^r tb^i 
defunct came in woundetl into the cellar, and I 
that two persons were seen come out of thai 
said cellar ; and after they came otit, wera j 
seen go on ijuarretUng, one of whom wanted ] 
his hat, and had a light or brown coloured coaf^ J 
with clt'ar buttons upon it, and that ttie pannel 1 
had on him such a coat that night, and that the I 
[lerson without his hat, and with such a coat i 
said is, was he thnt gave the other a stab or] 
wound ; and that the person wounded, and re* ' 
turnincr back to tbe said cellar, were [So Mr.* 
H ume] the defunct, and soon after of his wonn^ J 
die<l ; and the pannel, about that time, called it f 
Mrs, Johnsoo's house in Niddric's Wynd,] 
without his bat, and there borrowed one, and] 
soon ihereaAer was seized in bir owti bocne^J 
and a ^v ord found by hrm in tbe room, f 
and Hith fresh blood tn Ihe hollow parts of it, all I 
jointly relevant to lufer the forc«<ariI pains, and re* ^ 
pel the baill defutices proponetl for tbe panaelK" 




79] 25 GEORGE IL 

fiF Ardshiel io the month of May last; and also 
JUis iDtiroacy and close connelion with Allan 
Breck Stewcrt, who disappeared abruptly im- 
mediately after the murder, and to whom the 
Toioe of tlie whole country imputed the actual 
murder itself: but as, wlien that happened, 
this panoel was at his own house, -at the dis- 
tance 6f one mile from the place of the murder, 
the more direct and immediate etidence of his 
accession to it was long^ concealed: his wife 
and his daughter being examined upon oath 
before tiie sheriff depute of this couutv, on the 
S2d and S25th of May last, touching, what they 
knew concerning the murder, de|K»ed, That 
Breck Stewart left the pannel's house oq the 
morning of Tuesday the 13th of May, dressed 
in bis French clothes, and that the paonel had 
no such black or dark -coloured short coat, as 
.Breck had truly \e(i his house dressed in, for 
three quarters of a year before that time ; but 
at length, above a month after his examination, 
namely, on the SOth of June last, Alexander 
Stewart the packman, being examined before 
the sheriff- substitute at Fort William, and after 
being confronted with a friend of his own, ttf 
whoui he had l>een muttering some part of the 
truth, spoke out the whole truth, as it is set 
forth in the libel ; and particularly, that from 
this very wife of the paonel he received, on the 
evening of Saturday the 16th, at the pannel's 
house, Allan Breck*s French clothes, to be 
carripd to him at the place of his retreat, toge- 
ther with the five guineas, which the pannel 
had been at great pains to scrape together, after 
sending the |»ckuian express, for that purpose, 
to his friend William Stewart at Fort William, 
and which he sent to Breck at the place of his 
retreat, with a declared intent to put him in 
condition to make his escape, for that be mast 
be suspected of the murder: (his discovery 'Vtras 
the first thread which the kindred of the de- 
ceased got hold of to lead them to a more full 
detection ; and was afterwards confirmed by 
the examination of the bouman, who told the 

Earticulars in the libel recited, and about whose 
ouse the very clothes were found, the pro- 
perty of the pannel, which breck had brought 
from the pannel's, and left with the bouman. 

And as for the importance of these particu- 
lar discoveries, which the pannel's counsel 
have endeavoured to diminish iu the manner 
that circumstantial evidence is always im- 
pugned, by observing that each article taken by 
Itself is inconclusive; 1 may readily admit 
this, and yet, from the result of the whole cir- 
cumstances, there may be convincing and irre- 
sistible evidence. And to meution, at present, 
only these two material ones, of the clothes 
iumished, and the money SLM»t to Breck 
Stewart, before and after the murder respec- 
tively ; i do not say, that if a man lends his 
neighbour a coat, in which the borrower being 
dressed, two or three days after commits a mur- 
der of a person who was his own enemy in 
liirie past, that this will afford any evidence of 
pri.vitv, or aooetsion to that marder in the len* 
der or the coat; nmther do i say, that if a 



Trial of James Ste%vart, 



,[80 



man's friend or relation- has unfortanatcly 
committed a murder, and one shall aid him, by 
money, or otherwise, to make bis escape, tliat 
this will render such friend accessary to, or 
chargeable with the crime of murder, though 
he is doubtless guilty of an offence or misde- 
meanor in its own kind;* but the force of 
tliese united circumstances in the present case, 
with the others charged in the libel against this 
pannel, consists in the connexion of the whole 
together. It was the pannel's proper quarrel 
that retidered the deceu izi\ obnoxious to Oreck 
Stewart; the pannel had discovered and ex- 

f tressed his entnity against the deceased, and 
lad utiered threatenings against his life; Brack 
Stewart, his intimate friend, was a fit instru- 
ment for such wicked purpose ; he had es- 
poused all the pannel's. opinious .and disposi- 
tions towards Glenure ; he was, himself. Ml 
in condition to remain in this country, and was 
already provided with the means of subeistciMi 
in foreign service ; and to this man it was, io 
the very heat of a contest with the deoeassd 
about removing certain tenants which this pea- 
nel had put in, that he furnished the dress, sad, 
as we likewise believe, the arms wherewith he 
per|>etrated this foul murder ; ' immediately 
after which he retires to a desert place, oAt nr 
off, there to wait for a supply of monej tfaiA 
was to be sent him ; anil it is especially to be 
remarked by your lordships, and the jury, tha^ 
as the libel bears, at this place, Breck told the 
bouman, that he must go to Fort- William mA 
a letter to William Stewart, merchant then^ 
who he said would give him money npon re- 
ceipt of the letter ; and this Williain Stewart 
was ar.other intimate friend of the pannd*^ 
and the very person to whom, the day after the 
murderi the panuel sent the packman exf 
to get five guineas for the use of Breck, 
was alMut to leave the country. This dro 
stance affords a demonstration of a cuncnti^ ^ 
twixt the pannel and Breck before they hH 
parted at the pannePs house on the Monday 
night, or Tuesday morning preceding ;'-ata 
which the pannel allows he never saw Brack; ) 
for how otherwise could Breck have known, 
that, for such a small sum as he wanted, ths 
pannel was to have recourse to this Willisa 
Stewart, who lived twenty miles distant fraa 
him ? And this circumstance serves to ooa* 
nect the facts which immediately preoedsd 
the munler, with those which ictmediately en* 
sued it. 

But I am going too far at present, on the co»- 
siderations that will be proper for the jury after 

the proof shall have been brought before l*^ 

and shall now conclude, hoping it will 
to your lordship.s, that no sufficient of 
hath l>een offered on the part of the 
why his trial should not proceed; and i 
you will make such interlocutor as, upon 1 
supposition, the counsel on both t ' 
to be agreed iu. i 

.IM 

* See Burnett on theCriminilXAWiffl 
land, pp. S86, et Kq. 



mA . • 



"J 



' Mmdcr* 



ffftj^llt^ fbr the Fannel. 

Lord Justice* General^ — I appear as 
i6r the prboner al the bar : and, as 1 
ibVe tkis trial muftt draw oat ta a very 
laBgttt^ aritl occa^jioti a \Sff^i ileat of 
InxiJile to your loid^htpfl, ami the 
Jl riuieavour, in wbat 1 am to ofler« 
rvpetJtion ; and I »baJI cotifine my sett' 
1i«ii«kBcr«BUoos«ft D^oflt afl'ected my own 
miti iftfio reading the inriictment, u^fnch la 
IkiMly rsic ty which 1 can judge of their 
^ymniiii And, 3iily« 1 shall offer a few 
ftMftlwKbocia by way of reply to what has 
liM Mid by my lord ailrocaie ami hb assist- 
aaiiL in tapport of the indictment. 

The pri^oiier is charj^ert hetbre your Un\- 
d»lpl at accessary, art and part of t lie murder 
(i(tlif Ute Mr. Campbell of Glenure ; a crime 
if to |i»al and black a oalure, and attended with 
Msb fiafttcular circumHtances, as has not ouly 
jttiUy rjccited the atlention of the puhliCf but 
alia a ature than ordiuary keenness iind ardour 
^tbe aameruuf friends aod relations of the 

I, in carrying oQthi«i prosecution. 
1 would not chiiae tn make any reOei'tions 
1^ tkeir criuduct. 1 sincerely sympathize 
vilh tbefn for their locsy and fe*^! ilte full force 
</ their just revea^ againal the euitly person, 
vbtefar be is. But. toy Inrd, in such a case, 
IbifiaMMm which we at iirst cherish as just 
mi tiaooiirable, may get the better of us ; and 
if Ibe r«;a\niiutd of reason and strict honour are 
tot H^u{ivt\. will inscnsibty rise into raf^Ci and 

ti > into measures inconsjMtent wilb 

^* diclalea of cool humanity. 

My lird, it is in iucti circumsiances as these, 
tbiA fltcQ the innocent may sometimes be 
kitMigkt iuto dao^r. And in surli circum- 
ijiofaa ilbecomefl the duty, and an honourabte 
|ttn of the duty of one of my pnifession, lo 
afi}iear for the accused, to assist him in his 
|bbL defetice, and to obviate, liy all the reme- 
ilei irbicb the law ha^i provided for the secn- 
iky of inooceDce, any di sad rant age he may 
balrougbt under, by public prejudice, or hv 
ikcaumber, power, or superior address of h^ 
pntire prosecutors. 

This cooaideraiion determined me to appear 
iitkii trial, and to give my poor assistance in 
dtltnoe of the prisoner ; to whicb i was 
irompted by my lord advocate himself, 
the generosity so far to interest hicO' 
ttflnlbe panuel« as to rt^ctHnmend it to me, 
■WMitothera, to appear iu hisdt:fence. 

Mm lirstf I observe, that it is admitted by 
Ikt pfoateutors in I heir indictment, that the 
Mw^NU munler therein charfired was perpe- 
Saled by one person, to wit, by Allan Breck 
ik.N < ! (ukin;; liim lo be the guilty per- 

iDii no doubt<, justly forfeited to pub- 

tuce, inough in the mean time be may 
scaped frum the eaceculion of the law. 
first <|uestioii therefore that must naturally 
■Qcor, is, %ih!Lture the circumstances in this 
«He, whicli should lead your lordships or the 
|vy tii beUeirei thai any other peivofi than 



A.D, 175fc 

Altaii Breck, and particularly the prisoner all 
the bar, was also guilty of this foul «nd d«^ 
testable murder ? 

It is a rule in philosophy, in all our in* 

quiries into natural causes and e^Vcts, io resii 
satisfied tto t^oou as one cause or principle is dia»j 
cotered, suificienl for answering and solviu^I 
alt appearances in tlie effect. This rule, I am-] 
sure, with great propriety may, and ought t^l 
be applied to any moral or judicial inquiry, | 
such as the present. If u crime is committed, j 
there mu!»t, no drmbt, be a criminal ; and if] 
the crime itself, or the circumstances whicb at- J 
tended the commieisiou of it, are of such a ii»* | 
ture« as must uect^ssarily infer the aid and ) 
sisluifce of others towards the commission of itg ! 
as the appearances in such case will not be an* | 
swered by tbe discovery of one guiltv person^ j 
the j»ind will remain unsatisfied till further 1 
discovery is made of tbe supposed partners oCJ 
the crime. 

But, my turd, where the guiU of one wiil 
account for the whole appearances, for everjf 1 
circumstance connected with the crime, ( aji- i 

firehend it as a rule in morals, it is a rule ia j 
aw, aud in sound reasoui to presume, that nc» j 
other but that one person was cuncerned In thft ] 
commission of the crime. 

This presumption is founded in tlie resped j 
which we owe to human nature. For, my 
lord, wicked anil earriipted as mankind are* | 
thank G^hI, a omrderer, a %vilful del iterate • 
raurdeier i^ si ill a monster in the species ; and 
it is undutiful in its, and against all the rules of 
riifbt rea^ou, to carry our suspicions, far mor#:| 
our prejuilices, further than the corpus deikti^ 
aud the circumstances attending it, do necessa- 
rily point out. 

From this couMderation, I hope, ibe prisoner \ 
comes tu your lurdsUip.^^ bar, atlendril aud aided - 
not only by the general, legal presumpiion of j 
innocence, but with this other more special 
presumption, that no other person i«as coo^ 
cerned in this horrid murder but that one uerson, 
whoever he was, who gave tbe fatal siiot b' 
ivhich Glenure died. And this prt^sunijition 
dotier myself^ will be present with joni- lord* 
ship, an3 in ihe mind of every juryman, tiH j 
contrary proof and evulence shall beat ti outs 
whicb we tlatter ourselvef; will be so far frooi 
bappifuing, that, on the contrary, iu the course 
of tbe evidence, it wili gather strength, and al 
last terminate in that issue, which from the 
huly providence of God, theinooceot may with 
confidence expect. 

My lord, it is not tny intention to anticipate, 
or to argue upon evidence whicli has not yet 
been brought: but, as my Lord Advocate hat 
set forth, in his printeii indictment, a va* 
riety of circumstances, fr«im which he -wuuld 
infer the prisoner's aoceaaion to this murder ; 
I must beg leave to take notice of some of ihctn. 
in order, if possiible, to dispel that popular aud 
illegal prejudice, which L observe in mostcasea^ 
eapeciaJly in the more atrocious crimes, doet 
attend the unhappy person who is brought ti» 
your lordships* bar, ^ 

G 



rf' 



S3] S5 GEORGE II. 

When the miud it enraged to a high de- 
gree, it naturally seeks after, and is impa- 
tient to find, an object tor its resentment. 
The prisoner first occurs, and there we are too 
apt to fix our opinion of guilt, and alongst 
with it our resentment ; esiiecially when our 
confidence in the public prosecutor is so great, 
as it justly is at present in the honourable gen- 
tleman who fills that office. 
■ This, if I mistake not, is the source of po- 
pular prejudice against the imhappy prisoner. 
All of us are subject to it, because it arises from, 
or at least is incident to human nature ; but 
however innocent it may be in the crowd that 
surrounds us, it is dancrerous, it is criminal, if 
received and entertained in the mind of a jury- 
man. For their sakes, therefore, 1 will beg 
leave to make a few observations upon the facts 
charged in the indictment, that so the jury, 
ivho for some time have had the printed indict- 
ment in their hands^ mav, before they proceed 
to trial, be also iiossessed of such facts and ob- 
servations for thepannel, as will, if attended to, 
entirely take off the force of the circumstances 
ivhich are charged against him. 

And first, it will be observed, that the murder 
is not laid to have been committed from sudden 
BassioD, or chaud mellti, as the law expresses it, 
Dul to have been premeditated and resolved 
upon for some days before it was committe<l. 
JNow, to render malice of so high a nature 
probable, tome very strong ground or cause 
ought to have been assigned for it ; and what 
cause is here mentioned? Why, 1st, Because 
^tenure bad accepted of a factory from the 
crown upon the forfeited estate of Ardshiel. 
5dly, Because Glenure had removed thepannel 
Irom the farm of Glenduror at ^Vhitsunday 
1751. And lastly. Because he was proceeding 
to remove certain other of the tenants of Ard- 
ahiel, at the Whiisunday 1762. 

The first of these could not be the ground of 
the resentment which gave occasion to the mur- 
der ; because Glenure had been in that office 
for more than three years before the mordtrr ; 
during the greatest part of which time, the 
pannel and he lived in friendship and intimacy 
together ; as will be clearly proved by a long 
course of letters which passed lietwixt them. 
The pannel's own removal from Glenduror 
could as little be the cause of such prepense 
malice ; for the removal was voluntary, and 
the possession yielded to the succeeding tenant, 
in consequence of a previous concert between 
the pannel and Glenure. And far less could 
the intended removal of the other tenants at 
Whitsunday last, give occasion to the conspi- 
racy and BMinler charged a^inst the pannel. 
Such deep resentraeiit could not have ariteo 
from so trifling a cause in the mind even of a 
wicked mas, mnch leai one of the pannel's dis- 
position and diarader. 

Sdly, The drcomttance of Allan Breck*a 
having chai^ his dochcfl at the paonert 
boute before the murder, though it baa been 
chiefly intisted oo for inferrinff the pamiert 
MCWOD 10 the mardcr, ii cqoilTy ' 



Trial qfjamei Stecoarif 



£84 



Allan Brock's situation, as a deserter trom hit 
majesty's service to the rebeb, and after wards 
to the service of France, made it necessary, so 
often as he came into this country, to skulk 
amongst his friends, of which the pannel unfor- 
tunately happened to be one. It will be proveo, 
that for this purpose, he used to lay aside hit 
French dress, and borrow the dress of the coun- 
try, such as is described in the indictment, from 
any of his friends, where he happened to visit 
or reside ; and that he had gone about from 
house to house, changing his dresi in tbit man- 
ner, since the beginning of March last, and 
]iarticu1arly had been furnished with such 
change of dress at the pannel*t house, about 
the beginning of April, where he bapnened to 
be for a night or two, in the course of bu visitt 
through the country. 

Mv lord, if these facts are proven, it is im- 
possible any weight can be laid upon the cir- 
cumstance of his having also changed bitdrttt 
at the paunePs house, upon the Monday and 
Tuesday before the muitler happened. If a 
disguise had been intended, would the paiuiel, 
who is a4mtUed to be a man of more than ordi- 
nary discernment, have furnished hit own 
clothes, which were known to the whole neigh- 
bourhood, and by which, if the murderer was 
apprehended, he hirosell behoved infiillibly to 
be discovered ? Would he have dreated up tbo 
assassin before his numerous family and ser- 
vants, in the very dress which was toaerve fw 
his disguise, two different days before the plot 
was to be executed ? Or would he hoTe allowed * 
him to traverse the countr}* for some milci 
round, from Tuesday when he lef^ the pannel'i^ 
till Thursday when the murder was committed, 
in the very dress which was intended to dis- 
guise and conceal him ? Snch a conduct it un- 
accountable, and cannot he ascribed to the pan- 
nel, whom the prosecutors themseWet repretant 
as a man of the deepest desij^^n and artifice. 

BIy loni, the next material circumstance in 
the indictment, which I would beg leave to 
take notice of for the sake of the Jury, is the 
correspondence which passed betwixt the pan- 
nel and Allan Breck the supposed murdeier, 
afW his retreat to Rualisnacoan. 

This circumstance, 1 own, at first tigbt| 
seems to carry great weight against the pannol, 
because it imports not only aid and astistanoo 
^iven by the pannel to the supposed murderer 
in order to enable him to make his escape, hoi 
also a previous knowleiige of the place to which 
he retired immediately at\er committing tlm 
murder. But your lordships and the jury have 
heard how ihe force of this circumstance is 
taken off. The pannel knew noihing of the 
place of Allan Breck*s retreat till the iky after 
the murder, when he received a message from 
him by Donald Stewart, giving him notice of 
the place to which he had retired, and bciccch 
infp tlie pannel to send him a small supply cf 
money, in order to carry him off the counliy. 
This message the pannd has undertaken, and 
hopes to prove by a train of unqueaiionaUe eri* 
deuces ialif bethoUbenbiclobcingniilii* 



85J 



Jot Murder* 




Mif fHQf lilt flu^. It will M ODce strip llie id- 
^JHMOlQf tSie only ci re ti instance id it, wUich 
H^^bli. ai A previoas conB^iracy hetvrixt the 
H^^^il ia4 All«a Bf«Gk ihe supposed murderer, 

■ ~ kmi jrfMil, my lord, iudenenilant ol' tbe 
, fiOiCwWdb l» proposed in he biou;jlit bv llie 

■ p««ii«l, it oniiot but appear unaccountaGle to 
B yoitr londibJ|ii ftnd the jury, thot a p^rsun of 
\ UisiBSBCl*s imgiicity, li' be had beeti in con- 

Albu Ilreck for KuverJil d^ys befure 
oi'tlie murder, should not have 
■eeenary means of Breck'ai 
ttope liU after the crime wa« commit led^ 
whm ht GMtld uo tuuger curre^pond with him, 
williMit ilir intcrpoflition ut' otlieici, aud coa- 
lniattlJy without th^ hazard of a difldovery, 
IW Mtad eonld have h:id no difiicuhy to 
liate rtmutlicU Allan Breck with a hUle money 

I Mm tll# OMDmtiaioo of the murder, in order 
to (nalbr kM tacape iuuncdiately. He kne^ 
Ikvek^s ciretim«ttAnc^'i, Rtid that he hud bo- 
llMBg IQ CMT < >uoLry, aud Breck 

iMcJd fiPt ; in such a serf ice 

willNBt Pierv I ui^ tioin iih employer Ihe nc- 
€mmrf wof^UAWT bis o«?ii si^tety ; and sup- 
IMurt^ fiuuiel had not been in caib ujmii 
iW BlAOiliy, when they last parted, yet he 
«pn14 bata ukia care be lore the Friday lo 
kart' kveo ai^fficieoily iirofidi^^d for answering 
fircck^ dcviajids. 4ml yet, upon the Friday 
ate iba raiirdery i»ben the message cdine 
Orwck, we Hcid fVoni the itidictment, 
ibft yaAoei sr d inlo Fort- 

p ftilfiflAii, «t a co'> ace from his 

in oriitu lo liorrtm the trttle ol' 
which wa^ wauled, and scut thedav 

k. 

Hmm : n as to blame in sendinj^ 

wamrjUt Muti tiieck, who whs his rilaiioiiy 
nikarf k«eii hi)^ ward, in order lo euahk' him 

to ttlba UtK ' ' < '!-upon the opinion 

kailMAln4^ Jty or iiHioceot ol* 

•e*»r* - fv.itwas 

• liM 4 law; 

a Sfliifffsr, Uiough koowinf^ly, will not, iu 
ka, ttf la ll»e nature of the ihtnyf, infer acce^* 
iiB In tlhc Hiurder, unless A liad been pre* 
ttPBlf promt^rtl an on encourai^emeut to ihe 
'mm 0f the mnrdv-r, wbicn, from what 
mMf appear* covld not hare been the 

^Kk regmrd to the threaieniogs, which is 
^•ly rrmainlni^ bmnch «if the indictment of 
aay ''vicl*^ aifitnat Ihe pnnncl, 1 could hate 
*«M »| lord advticaie had been so gt^od^ as 
lilmaOMltaccoded upon the purticuLr ex- 
fMMOt, ai»d ijpnii ' r f H when 

•ai •!!«» tb««9 v« a in not 

litr, it ii Miipoaail <i uiake any 

ilkv aimtr bat .. l oi this pari 

i^tkaHlar]|»e : -'" "mv l»e never 

aiMlatftvd II ' hopes, 

ili !• prr»i nljj^ht nf 

Mf tA^ iittii^ which cotitd 

ii^avt ft ng to take away 

lhMt«l OB iiiooMBtii gvniieiiiaQ* 



A. a 1752. [8(J 

My Tonl, hating' touched upon a few of the 
roost materia) circumstaoces in the indictment, 
which 1 thought material for the jury to hara 
iu their view, in order to direct their attentioo, 
during the course of the et idence^ to the phui 
of the pannel*s defence, I shall next proceed 
to what at present falls more immediately 
under your lordship^i consideration, and that 
is, the olijection which has been moved to the 
competency of thi^ prosecution. 

it has Wn objected, that the indictmeui 
does not chari^c ihe panoel ojt a principal in 
the murder of Glenure, but only as a remota 
ticcessary, by previous counsel, and subsequent 
aid and assistance given to the murderer in bia 
escape ; and that though such accessary 19 
equally criminsl and punishable with the prin* 
cipal, yet that be cannot be brought to tria' 
till the principal be tirst tried and convicted. 

This objection was stated to your lordship* 
Upon the authority of the old books of our 
liiw, sir George Mackenzie, our only auihor 
upon crimes, and of several of the fureig^ii 
doctors who treat of this subject; and, wjiU 
your lordships^ permission, l|i%ill read some of 
the passages upon wliioh ihe objection ra 
founded, aa 1 have taken ihein down t'rom the 
books. 

Ileg* Maj. lib« 4. cap. '26, de ordine cogni'- 
tionis in criminihub, — ** Si dii«l hnmineii IWiint 
implaciiati, unusde nrincipali fuitn, et alter de 
prsecepto, primO denet ilie qui defumatur de 
factfj, quam ille qui factam illud coaimitti 
priecepit, implacilari,'* 

To whicli the learned sir John Skeene sub^ 
joins the following aonotatioo ; ** Complices^ 
criminitf non posi^unt accusari ante principalem 
malefactorem, nam sicut remoio priucipati 
removetur accesaorium, ita absoluto malefac- 
toi-e ahsulvuntur complices et consenlientes.** 

Quoniam attachiumenta, cop. 83, de recep^ 
iatione latrocinii. — *' NuUuh delaoiatus tan«J 
qunm receptator latrncinii deliet puniri, aut^ 
i|nHin ma)efd{'ti»r fuerit cnnvtctu^ vel attayiitu 
de tairoiiniofllo ; et hinc Bet ut dicitnr consen^ 
tientes et at;ente« pfiripcenS puntuntur.'* 

Statuta Davidis 2di, cap. IC^, Ctimplices nod 
debeni puniri »nte (>rincipalem malefactorem^ 
— '' Ordinatum fuil coram rege in pleno par<9l 
Mamento apud JScunam per regem et communi*! 
tatem re(;n), tpiod supen»edendum est de recep 
tat ore alicujus malefactor is judicaodi sive ap« 
pellan<h, quousque receplatusjudicelor. Et 4 
rec^ptatUH quietus fuerit, receptator quielu^ alt] 
sine aliqu& atift assist. Si aut4?m receptatni | 
damnatus fuent, receptator hak>et a»;<i!!<)«iiK 

And, agrciahle lo the doctrine laid down i||| 
these old Statutes, sir Geiirge Mockeozte, ii%| 
his Criminab, tit. Art and Part, § 9, gives it j 
his opinion, *' That the chtet »ctor must 
fiFMi discussed, and either found guilty or aa*l 
soilzied^ before such as are accessary can h#1 
pursued.'* M'hich he supports not only bjfj 
the auihonty ol the old books of our law, «(•! 
ready quoted, but also of inaoy of the foreigi|J 
doctors. 

It ii trae, lie adds, thitt ootwithitaading 



87] 



t5'GEORG£ II. 



Trial tfJamti Sttncart, 



tss 



^liat U'tfifTG hid doirn, Charles Rotortson 
wa« trivMl bHorc the justices asaccessar}' in the 
^stin^r <Ni^vn a liiuisr, lliouuh his aons and 
M'rrantji who cast ihmn ihe same, escaped, aud 
irrre not tricHl. Bat sir Gtnir^e is tar from 
iip|mnin)( of that ilecisiun, ami ui^s many 
stronc: reasons ajrainst it« and io 8U|iport ot'the 
doctrine he had t'orinerly laid duwD. 

The fiirt'ijni distort* also have generally 
pMio into thi« distinction, with rps|iect to the 
ftrdcr ot try inj; the principal an J acct'ssary . I 
$hat! ontv'qiHito ihc words of Juhus Clam«, 
qimM 00, u. 6 who hya it down as a rule. 
** Uiundit pr^Hvelitur contra aliqueoi tanquam 
qiioti prar<iiicrit auxdinin delicto, debet primo 
in pf\H-t*s«ii con^lare principaloiu ddiquisac." 

To .ill these allow me lo add the authority of 
the |4«« of Kn);land. which, upoo a point of 
this nature, supitosin^ it not Hxed by any 
ftatutc or ciTslom of our own, will, no ilonli. 
have ^rt*4tcr Weight wiih your lordships than 
Iho opinitHis of any private'lawycrs. 

Ttiussir ^Uiibc-w Ha1e« in tiis Pleas of the 
Crown, ch, ,^7. conceniinij the ordtr of pro- 
c^etlic]; )i:aiufti Ace<es«ario«, lays down the to!- ' 
Towai; pvvp '«>iioi!S. as tixevl rules in the law of: 
Fnc^^nd : •• The acivssary m.»y be inflicted | 
in uie same in\{:ctaie.it with the pr:uci|>al, and | 
Ihai \* I he Ke$i ac«! nu^si usual way. | 

*' Tl^e a«ve«s4r\ sMall not be ci^nstrained to ■ 
aas'^er !•'» his iuJtcimen:. il! the pnncipal Ke 
lh<\{. iinW'» l;e wive thai Ktietit ; io which 
^15<\ h'is a«\^.':-ta* i'^ c«>o«K-thHi upoo such 
t: "Jii » i^nV \\iit il s^<eu^« oerefs^nr ia s»ch 
C4*f to n£*, iie jc. ^^went. isM the pnticipjil be 
<NV.«:v&r\i a; o i,iA.r:.'\'- fVr tf the princi.'^i tv 
aJ^s-wirvS t*>;i:,i:t>!. lUi: cvcv-.ciKo of tbe ic^ 

•• !/ \ Sr r^'Atixl 1* p--2,.-:rji\ao«! B as ar- 

ar* . < ,: } i-^-k V V-'- 1 iv'. r-^'. :,• •:■ ; "'"^ 
«/'.v ,-- .J .J.': IT* • : .-> r.-J .-.• r < ^ 
t\.;"<- . *>^- : :*•< »\-\:cs»j-\ ; i • -Sfy 

e^ * X ■'*»■" •l'>l?fc; IO>^vl-;S Slf^ •^^ 

aW«e :* «."• i.*: w i.: .- .v ;o.--.- ': y >. • 
V.'r.V:...i« vri- ; .^f i.vt-jaSL-Ti Tn^-^savt 
!»•«:-: « t*^^ V i :.* .:-. Tf ••»."* .-.•fr::* -•.* ;y 
tW |i^ n. .1.. •••.-! .-I.: .v.i ?if r:.fc:if !.•■ t-o." 
^» ;W "I *.:■' CJiT-' i.-c ir /c ..i»f 7r-a«'^a 

ff : i«f 4.-** nr-s /I. *irf ."1 .to:r«i ^ w* W'^. ;.' hf 
S!:"Sc''ic ■:• ,-.'ir«xt I.. a r W •€*•€ jnfMni#\ 
YfT li T r.i • .-ijf.. *!« Utf ii» It* S.-vr:iair. Iir 
cnitiif.- £ tr* ittmsj It lAMnor. c » lauwb-.. 
•^« .'f M> Mr iif«<«wiiir T-Ma f^'idrauv. ar> 




exculpation, which the aeceBtfy Mh not 
know, or cannot prore. 

The answers made bj my Lord Advocate to 
this ureliminary objection to the order of the 
trial, have been three. FirtI, That it is affainat 
the interest of society, that crimes shoald 
pass unpunished; wfafeh afien must be the 
case, if the escape or death of the prindnal 
actor shall be understood to be a perpetual bar 
to the trial and punishment of those who are 
accessary, and no less jniil^v in the comniiaaioB 
of the crime. Qdly, That Allan Breck Stewart 
hath been called 'upon to stand trial for thii 
crime, and hath been denounced a fajntiveaiid 
outlaw for not appearing* to abide liis trial, 
which is discussing him, as far as the hws of 
the land admit. And, S<IW, That both AHaa 
Breck and the pannel are cliar^d by the iadid- 
ment in the same words, as bem^ ^ilty, actoti^ 
or art and pan of the same heinous ci i ai e s ; 
w hicb beiUiT in the precise terms of the act IAS, 
pari l:2ih uf James 6. nothing can be « 'J 
to the relevancy of that part S[ the hbeL 

To these 1 w'ill offer but a word or two in 
reply. As to the first, founded upon the pob* 
lie expediency, and the dan^roos eoDsequcBeri 
whtch may nf^ult from this dtstindioD in d» 
onfer of trial of principals acd accessaries, it ii 
sntn ient for me to sav, ^ incomiBodam non 
soil II arcnmentum." iTIie law has been mora 
anxious m pa^Tidin? for the dcftoee and safety 
of the lives of the subjects, io the trial of crimes^ 
than for the cvsvktioo and paaisbBefit of the 
pi'/ity. Asd hence ii has becoaie aa axiom in 
the (aw. bet:er that tec ^Uy pcraos shonM 
escape, than that oce inooccBt persvo abeoM 

SU3:r. 

Tc> the sev-«cJ. «i:b r«sa*d to the fositatioB 
of Ai!^3 Brv'.-i. I isswer^ Tbatfcefi ru|:itatioa 
dkws DxH i3»i''y a etWTi«-tx« oi tbe ct.iim. wbieh, 
S ::.e law c:' Scot** d. cxn ec'i prxirtrf optm 
e».ie«,T brv'jLiiiii i^iuss iSe cr^. -a! preseii 
■^ c,\ir: i.p%K3 ajs tT! i>. A^ aci ec ?'zjiucioQ is 
>. ;-VY i-va- aj!*:'jrr'^' •" •*** c^-i. awiri- 
7^ : -e t^-^ei: cf" a.Mei..e^ ajavfC tbe de« 
iTk ■.■.*" f.-c V* <va: €-•'.•>". 'T r?c a.->*snsc «• 
fii:- :-.x-. v^^^M b-* i-s^sr •• «!:t : ir-d e«tihcr 

r-rCk^.S «.-•■» »»• r?.' f l*^r S.'BWIl f^fTaOQ^ 

e^ ef liie cr-^-*^ i^i-z.-^f i^i i*« bim. 
• t»v 7r»?w^2. t ■* * ■ .':?*-y " L n mkm 

;.j^ .-^ »<. *- .1- »» ^■•■. .>:■ •!*<•.■ '.:i i<\ypisarji 

I .• "f irtc ^:i ? > I'* '.v^f ■ "V^^ :r a9<iQa| 
r7 Uft.« ^.Mi o: ' •♦ \-r "-s -s 3es*-eea^ to 

•.im».** S4«i« i%i «eKiC? .•*■ Hv^^ f^ 3t wfl 
An.-?r 7i %*^tr urmarink » <: r*t v.* wr Ji4a 

i-'Scr !!« itiM Tt n,tr: k-^ T>4S it <«^i 
sue hr -:W nobv^um of t>.« \tm ?» aHi«!iA tko 

«c«kr le |r*PC««f:ir« it 

■VktraJiowm 



f: 




Murder* 

4f «1 wmi |iftft« vrilliotit obli(;in^ th? prc^eenior 
t» mmimcm^d n*wi» the wlielc |»«rtictitjr acts 

ftffViMBlar. ^ rifffnit case, hits brousrht 

Hfoadl^i 1, not as 

1 w<H^« *«^ Mn »u<: I lo 

lition of ilu' M i l>« 

r* r ImrM^e iigiiiti^t tUt pan 

^^j M whmLi, \ in oontnidictimi to the 

^ptml Wfn liiur^i'd ID the nulicJtnietit, hut 
mSf m i ee pMary ; oni} conierpivntlyi in the 
wmmnflmm, aetnr, art awl port in the commis- 

'\v the learned sir Matlliew 
1 ImifU^r <ji priiicijtah atui 
is a|»|tiic&bie to Ibe pre- 

treason, aaya be, all are 
UB to the course of pro- 



A. D. 1752. 



lUO 







il hmih 'beeii« and inilced oti^fht to be 
that tlifvse who did aetunlty eom- 
mi^kmtwrj Ibci of rresaon abcrald be first tne<l, 
Wbrr ibMvtlMt are piitici|ial9 in tlie second 
ikwieCt fceome oiberwise, this incoiirenieoce 
Ai^fflt JMInw, itiAl the principala in the fiecoDd 
iifnii iB^lit be cOfifit*teif« and yet the yrm- 
'*' ' in ttiie ftrit degree mi^'lit be acquitted, 
womSd bt aboard/' And it ia hinnbtv 
il^ lliaA thit absurdity would be much 
m ibe caac of a remote accessary* 

Uve dtdt*ioii to the Case of James 

^f--^r- -or apply to the point in 

t^iime waM, in that case» 

to procure a muriiage 

1 bromer ; yet, as Jnmes 

iH/' and assiatiii^ in the 

;ibcliirlioii, coose- 

Sy I 'ti the first dep-ree, 

ao tsiir lur in the uhi»le crimes 

I) a&d , I r, could not be intitled to 

tad dit del ciH;e wkch has been offered ihr 
aaaaMrf. 

wW «« therefore humbly snhuitt to your 
kpitliijpt' isoeicidrrDLtion ii^ tliat tliou^h an ac- 
aiMry ai r , 'V ijru)il table with 

Ibt pn»npii li laid down n 

I I he (rials 

S and aa 

i'y int: atatnte of 

: 9l this pannel can- 

i^.^ck Stewart, the sole 

of the murder, is firat 

<i|is yhall 6fHl reafion for 

tioti, tlip pnnnel ho|>ea 

/ justice, that 

f'ntnr, a proof, 

■iries that 

1 charge 

1 aipainat limi ui ihi^ uidictiiiuit. 

1W lamia, upm baating the Criminal Let- 
^ laail, and the Debate th^reopOD, |iro- 
^^ ^ liic Mloatinif 

IrrtmuYcmtii t 
1W I^rd Ji0liee-G«»tral, and Lord^ 
nf JiMrtltkiyi bavipf eociaitfarel 




tMeod enaitlctcd, 
IM, if T 



at lat^ptt, tii 
■ai irnd U 



the onmiaal libel, pursued at the instance of 
William Grant of 1*1* ^'""T'-'T^"*' ^^. htsi 
jesty *ii advocate, foi > i i»r«st ; i 

alfo ut the in»iaucei)i 1 , , dau|fhti 

to the hon. Hngrh Mackay of BtjOfhouiie, ew 
and relict of tiie deceasetl Colin Campbell 
Cilentire, for herself, and on behalf of Elizahe 
and Lucy CaniplidU, her infunt eluMren, wiib 
fSoacoui*aie of bi^ nm jesty's advocate, fur his ma^ 
j^ty 's interest, against James Stewart panttc ^ 
w\ih the loreg^oi I (^debate thereupon, repel thj 
Dbj#»ction8 to the libel, and find the libel releran 
to infer the pains of law : tltut, time and plac 
hbelled, the deceased Colin Campbell of Gla 
nure was murdered^ uiul thiit the pannel /atn^ 
Stewart was g^uilty, acior, or art and purt then 
of; but allow the pamiel to prove all tacts ai)d~^ 
circumstances tliat may teml to exculpate him ; 
and remit the pannel, with the libel as found 
relevant^ to the knowledge of an assize. 

** Anorm L P. !>,*• 

Therea(\er the Lords continued the diat 
against the aliove J aitiea Stewart pannel, till 
to-morrow morning at six o'clock precisely « 
and ordained the partieii, witnesses, assi/^ers, 
and others ronccined, to attend at tliat time, 
and the pannel to be carried back to prison. 



Cum* rnNERTs JoETiciAttis, S, D, N. Refia 
ten ta a pud bur^um de Inrerarii, vicesimo 
secuodo die mensis Septembris, anno Do^ 
mini miUeHimo septingentesimo <|utitqua- 
l^esimo secundo, N. S. per nobilem et pne- 
potentem Principeiii Atcliiboldum llact'iu 
de Ari^yll, Doroioum Justtciarium Gene^ 
ralera, et Patricintn Grant de Elchies, ar* 
mif^prum, et Dominum Jacobum Fergusuii 
de Kilkerran^ f>omiuos Camtoiasioium "^ 
Justiciarij dicii 8. i>. N, ttegif. 

Curia tegittiine affirmata, 

Jamct Stewart pannel, indicted and ai^cus^ 
as in the Ibriner sederunt. 

Tlierenftcr the Lords proceeded to malL_ 
choice of the foUowiti|>' persons, |o pass u[ton 
the Asaize of the said James Stewart » |Kinuet: 

L Colin Campbell of Canvhin. 
d* l>ou^l i>laci)oUi;al of Gdllunah* 

3. Alexander Dancanson of Kiles, 

4. Duncan Campbell of South- Hall. 
5^ Hector Macueil of Anlmeanish. 

6. James CamphflU late bailie of Inferar 

7. JaniPs Catnphell of Rasheilly* 
Ci. Jame« ('ampbell of lludale, 
9. Colin Gillespie of B:dimore. 

10. Colin C Jim pbtdt of Si'""«i l» 

11. Duncan Ciimpbel I rouL 

12. Colin Campbell ol ' 
%^. Niel Campbell ol Duutroon. 
li. Arc In bald Campbell ol Date iDCraigoij 
15 Niel Camptiell vl Dnnata£Eiii&b< 

The above Assize all lawfully avrorn, and i 
olrifctitNl to the «OQ<i«ry. 



9IJ 



SJ GEORGE II. 



Trial nfJamei Sleaiart, 



[93 



Thereafter the Proiecutors, for proving^ the 
criminal Libel, called the Witnesses cited by 
them ; and the Pannel, for proving^ his De* 
lencFf), called the Witnesses cited b^ him ; and 
the prosecutors caused to be read, m presence 
of the jury, the Writings produced by way of 
evidence for them ; and tne pannel's counsel 
caused to be read, in presence of the jury, the 
Writingfs produced for him; all which Depo- 
sitions and Writings are as follows : 

Tii£ WHOLE Proof brolght both on the 
Part of the Prosecutors, and on 
THE Part of the Pannel. 
Jatnci Stewart, pannel, does admit the truth 
of all the writings contained in thein?entory 
of writings tubjoiued to the criminal letters, 
and which inventory was delivered to him at 
executing the said letters against him, excepting 
two of the said writings which he does not ad- 
mit, viz. the writing, number 7, intitled, Prin- 
cipal holoCTaph letter by Allan Stewart, sou to 
the said James Stewart, addressed to Duncan 
Stewart of Glenbuckie, dated at Aucliam, the 
Ist of April, 1752; and the writing, number 
12, intilfed. Draught, letter by the said James 
Stewart, and of an instrument of protest at the 
tenants instance, relative to the said decreet of 
removing and suspension thereof: but the said 
• draught" letter and instrument being again 
shewn to the pannel in court, the pannel admits 
the truth and authenticity of these also ; and 
therefore admits the truth of the whole writings, 
except the writing liefore-mentioned, number 
7 ; out does not admit the writings subjoined 
to the said inventory, being two principal de- 
clarations by Allan Stewart, son to the said 
James Stewart, five principal declarations by 
Charles Stewart, also son to the said James 
Stewart, three principal declarations by Mar- 
caret Stewart, s|»ouse to the said James 
Stewart, and two by Elizabeth Stewart, his 
daughter. 
P. Grant. (Signed) James Stewart. 

TbereaHer the Prosecutors for praving the 
above criminal Libel, adduced the following 
Witnesses : 

Mr. Archibald CampbcU of StonefieM, she- 
riff^ depute of the shtre of Argyll, aged 56 
\rars, married, lieini; solemnly sworn, pui^ged 
of malice, i^ariial counsol, examined and in- 
terrogate, and being shown the writings fol- 
lowing, viz. four principal declarations by 
Charles Stewart, sod to the pannel, bearing 
to have been emitted in the deponent's pre^ 
sence, and dated the ^2d, 93d, and 95ih 
days of May last, and three dcclaratioDS by 
Margaret Stewart, apouse to the pannel, and 
two 'dcclaraCiQn ly ENsabeth Slawart, hia 
dawlMer, all of IMi bcuinff In 
cnitiid I [ iti iiatt " " 



tained, and were all subscribed by the respec- 
tive declarants in the de|H>iient's presence, ex* 
cepting only, that the declarations by the aaid 
Margaret Stewart and Elizabeth Stewart wer^ 
not signed by them, but were signed bv the 
deponent for them, because they declared they 
could not write. And there being also shewn 
to the deponent two declarations by Allan 
Stewart, son to the pannel, bearing to have 
been emitted in presence of George Douglas,. 
sheriff-sulMrtitute of Invei'uess, dated the 3d of 
June last, and a declaration bearing to be emit- 
ted by the said Charles Stewart, son to the pan* 
nel, in presence of the said George Donglaa, 
sheriff-substitute, dated the 4th of June last, 
depones, That the deponent was present, an4 
saw and heard the said declarations by the ^d 
Allan and Charles Stewarts, emitted in presence 
of, and taken down in writing by the sheriff- 
substitute; and they were at the sheriff- 
substitute's desire, dictated by the deponent to - 
the clerk ; and the deponent saw the said de- 
clarations subscribed by the said Alkn and 
Charles Stewarts respective, of the several 
dates therein contained, voluntarily and freely, 
without any compulsion or coaclion. Caaas. 
scientUe patei. And this is the truth as be 
shall answer to God. (Signed) 
P. Grant. Arch. Campbell. 

After emitting of the above Deposition by Mr. 
Archibald Campbell of Stonefield, to save tbe 
time of the Court, in bringing further proof of 
the declarations therein mentioned, tbe Pannd 
judicially declared, t^iat he admitted tbe tmth 
of all the several declarations contained in tbe 
said oath, that is, that these declarations were 
emitted by tbe respective persons therein men* 
tinned, and in presence of toe respective judgcip 
and at the respective times therein contained, 
voluntaril V and freely ; but does not admit the 
truth of the fiicts as declared by the said de- 
clarants. 

P. Grant. (Signed) Jaxes Stewabt. . 

Mungo CampheU, writer in Edinburgh, aged 
94 years, unmarried, sworn, purged and cxa- 
minetl ut supra^ deiiones That, in the beginning 
of May last, the deceased Colin Campbell of 
(tlenure applied to the deponent, to go with 
him to Locbaber, to assist him in oomiiictin^ 
the ejecting of some of the tenaota of thn 
estate of Stewart of Ardshiel, and of tbe tenants 
of Mamore, part of the estate of Locbiel, over 
which tbe s^ Colin Campbell was fiMtor, and 
which tenants, be appielieoded, would not vo- 
luntarily remove, without being legally ejected : 
that they set out from Edinbuivh logdheri 
upon tbe 7ih of May last, and arrived ail 
Glennre upon Saturday the 9ih of thai montb ; 
that they aat out tenther for Fort-Williaaa 
upon Monday tbe lltb. about ten o'clock !«•• 
•ben, and icnained at Fort- WilUam tillThm*- 
^ the 14th, when they letuiued, in order m* 
vanmtlhnMiEtdav ihe« 



BMt wm MSI «av mt g j ec n ao againai aov* 
^ mma of Ardihiil : That, when thay 
ihnJ^ of DiHarfciHih.ihedafcyt 



Si3J 



JtiT Mun 



A. D. 1752. 



[Oi 



kfoncat 



iCMHe of llie tenantt, end crosied tbe ferry Ke- 
twixl four and five io llie aUernoon : thai, 
after croi»sing the ferry, Alexandpr Hie wart uf 
Bfttt^cbelisli, elHer, mctwttb ihe detuuctfaDil 
lliey iravellcil loj^eiher on foot, nboiii llie space 
^btif ft iriile, tiU ihey came to the e»kirts of 
the ««o4 of Lettermi»re : that, while tkiey 
Bmitniijg- toi^etlier od foot, I be de|io* 
•t some UtUe di^tauce before tJiem on 
and the (iheriff- officer, Doniild Ken- 
Miff ^irwm An fovl t>efi>re the depone ill, and 
'•s aerrant^ John Mackenzie, was oo 
k m liltJe before Gletiure ; and, tbe 
It buppenm^ to drop a coat, BaURcbeUsh 
Citlliil to bim, and die servant returned, and 
thereby fell behind Gleuure and Ballacbelish i 
Ibftt Bailacbebsh parted frutn Glenure at tlieir 
cnteriog into tbe wood of Lettermore, or tbe 
mod oi* Bftllttcbeltsli, a part of tbe wood being' 
dllid by ibat name ; und Glenure mounted biii 
and came up to the deponent t that tbe 
iC ftsked Gleuure, >vh ether Ballachelish 
said any tbiuf^ to tiim toucbing removing 
leoaatsr And Glenure said, that nothing 
beti^irt them on that subject i that com- 
a part of the road that was rough and 
an as I bey could not ride conveniently 
a-breast, ibe deponent and Glenure 
, and tbe deponent went before, auit 
I have been about twice the leny^tb of the 
where tbe Court now sita belore Glenure, 
Wircfi the deponent heard a shot behind bim, 
ftOd beard Gleuure several times repeat these 
'^ ' Oh I 1 tm dead. Depones, that tbe 
lot thereupon returned to Gleuure, and 
bim repeat the same words; and tbink«, 
ii not (lOsitiTe, that he added, Take care of 
% for be*s going to shoot you : that the 
i CD mediately lighted, and run up tbe 
the road, to see who bad shot Glenure, 
taw at some distance from bim, a man, 
a abart dark-coloured com, and a gun in 
iiii band, going away from him } and as the 
depoMnt came nearer bim, he mended bis 
ptee, and disappeared by hi|;b ground inter- 
Jtcted betwixt bim and tne deponent; and be 
*Bi at so great a distance, that the denonent 
tkiaki he could not have known bim, tnough 
Ki bad seen bis face : ibat the de^ionent there- 
Qpoa returned to Gleuure ; and either at that 
liibf, Of Itetore tlie deponent run up tbe hill as 
ifcwe deponed, (the deponent cannot be posi- 
trvt wbicli) be took Glenure from oflThis horse. 
JSipoDca, that, after taking Glenure from bis 
be leaned a little upon the deponent's 
and eodedfoured to have opened his 
t4> see where tbe bullets, wberevviih be 
came out of bis body, but wag not 
tUc; but aaw, in hts waistcoat, two boles in 
kii brily where the bullets had come out, 
IkopoMB, that Glenure intended to have been 
tbalftiifht at RiutaUine, where he expected Mr. 
Cliii|ibell of Ballieveolao wn^ to meet bim ; 
wbcrafore the deponent sent Mackenzie, the 
Mivafit aboYe« mentioned, tbrwurd to Kintal* 
&•»! la aoquatoi Baltieveotan what had hap- 
ly i&d ta bring hiin to bis itsigtiuct : that 



Glenure continued in agonies for about half an 
hour, or a little more, al\er sending off Mac< 
kenzie, and then died; and niLfht coming oi 
and no appearance of Mackenzie's returning^ 
the deponent sent back the .sherift"-o(fifer abov» 
riame<l to Bidlacbelish, to desire Mr. Stewurt'a 
assistance^ and some of his people : that in a 
little more than an hour, BallacheHsh, and 
some of bis people,' with tbe sheriiT'officcrf 
came to the deponent's assistance, and carried 
Gleuure^s corpse that night to Kintallin4% by 
sea; and next day carried it to Glenure, whera 
some surgeons came, and inspected his body ; 
and the deponent saw there the two wounds iji 
bis belly made by the balls coming out of bis 
body. Depones, that when the deponeut htd 
Glenure upon tbe ground, a great deal of blooil 
Issued from his body, and his clothes 'were all 
sfained with blooil, particularly tbe small of hi« 
hack, having bf?en laid on his back upon tha 
ground : tbat Mackenzie tbe servant also re- 
turned, betbre they carried tbe corpse ofit tha 
ground, and some people with bim, particiiw 
larly Bstlieveulan^s tons; and, being ^hcwo 
coat aud waistcoat, and a shirt, depones, that 
these are tlie coat and vest that Gknure bad o«i 
when be was murdered ; and believes also, it is 
the same shtrt. Depones, that, at the plac« 
where Glenure was shot, the wood is pretty 
thick on both sides, and, on the side from which 
he was shot, very rugged and stony, and 
bushes in which Ihe murderer could have easily 
bid and concealed himself: that the grouud 
there rises up-hill towards the south, though 
there are places in it where the murderer might 
be pretty nearly upon a level with Glenure; 
and there are afso places there so situate, as a 
person standing there might see tbe most part 
of t!ie road from tbe ft-rry to tbe ivood, and 
even a part of the road betwixt Fort William 
and the ferry ; and which place is not a mus- 
ket shot from the spot where Glenure was 
murdered. Depones, thai neither the defunct, 
nor the deponent, nor any of their com- 
pany, had any sort of anus with them* De- 
pones, thai it was betwixt 5 and 6 o'clock in 
tbe aftert)oon, at he thinks, when Gleuure was 
murdered as aforesaid ; and remembers, when 
Glenure was dying, the deponent looked at his 
own watch, aud found it was then about 6 
o^clock. And depones, that, upon recol lection, 
he cannot he positive whether he observed both 
the wounds in tbe defunct'r; belly, or only oi 
of them. And being interrogate for tbe panueli 
depones, that, some days after the murder, th« 
deponeut sent a Serjeant and a party of soldiera 
to the pannel'g bouse at Aucharn, with orders 
to search, and particularly to search for writ-> 
ingsi that the serjeant reported to the depo^ 
nent, tbat he bad searched, and delivered to tJti_ 
deponent otie paper which he found tbere^ 
being a scroll of a letter by the pan o el, and of 
an instrument of protest, being tbe number 1% 
of tbe inventory subjoined to the libel, and 
which is now iu tbe clerk^s hands; aud being 
fihowo to tbe deponent, depones, that it is tba 
same writiog that wm deUvartd to biai b) tbt 



95] 25 GEORGE IL 

•erjeiDt. Depontf, tbtt the teijemnt gave him 
no more papers but that one ; and said that he 
bad brought away no more. Causa scienlUe 
putet. Aud thia is truth, as be shall answer to 
God. (Signed) 

F'. Grant. Mi/mgo Gampbell. 

John Mackenzie, late serrant to Glenure, 
QDinarried, af^ed 19 years, witness cited, sworD, 
pnrged and examined ut supra, depones, That, 
upon the 14th of May last, he came, wilb his 
master the deceased Colin Campbell of Gleuure, 
from Fort- William, bv the horse-road leading 
to the ferry of Ballacheliah, which road cuin- 
cidea, a little way next to Fort- William, with 
the new road commonly called the King's road: 
ihat tbey passed the ferry of Ballacheliah, and 
came along the high road, which leads to Kin- 
talline through the wood of Lettermore: that, 
Gitming up with Alexander Stewart elder of 
Ballachelish, who waaonfoot* Glenure alighted 
from his horse to walk a little with Ballachelish, 
and desired Mun^ Campbell, writer in Ediu- 
Imrgh, who was in company with Glenure, as 
also the deponent, to step on, which accord- 
ingly they did; but coming up to a place 
where they were stout by the tide, they were 
obliged to alight, and lead their boraea across 
a rock ; and, upon that occasion, and by which 
means it happened that the deponent dropt a 
great coat lielonging to Donald Kennedy* 
slierifT-ulficer, who was also along on foot, and 
which be had got from him to carry when they 
passed the ferry of Ballacheliah ; and Glenure 
and Ballachelish coming up, and finding the 
great coat lying en the road, one or the other 
(if them cried out. To whom this coat belonged ? 
which the deponent, being within distance to 
hear, said, it belonged to IHmald Kennedy, and 
that be had been carrying it, and had dropt it ; 
whereu|>on he returntd to fetch the coat, bv 
which means Glenure, who had parted with 
Ballachelish at the rock that has been just 
mentioned, got before the de|ionent, and, when 
about a musket- shot before him in the wood of 
J^ttermore, he heard a shot which he took to 
be from a firebck, which he did not much 
mind, nor know from what quarter It bad come ; 
but when he came up, he saw Mungo Campbell 
wringing his hands, and his master lying on 
the ground with a great deal of blood about 
him, just breathing, and not able to speak ; and 
Donald Kennedy, the sberifT- officer, was at 
that tune standing by him ; and, as near as the 
deponent could guess, this was about (ire 
o'clock in the al>erooon. Depones, That 
Mungo Campbell directed the de|K)nent to ride 
forward with all speed to Kintalliue, and to see 
if John Campbell of Ballicveolan, or bis sons, 
were there; and, if they were, to acquaint 
them what bad happened, and to come up im- 
■oediately. Accoraiugly l^e went, but found 
neither Balliereolaii nor his sons there: but 
being told by one of the tenants of Acbiu.lar- 
roch, that probably James Stewart in Aucham, 
wba ia now tJie pannel, might give bim some 
•econnt of Ballitffohui } that accwdiiigly he 
4 



Trial qfJamu Steioart, 



[96 



went to James Stewart's house in Domr ; and 
James seeing hina weeping, asked what the 
matter was ? The deponent told him, his master 
was killed; whereupon James Stewart asked 
bim, by whom aud bow it was done ? To which 
be, the deponent, answered. That he' did not 
know by whom, and believed it to be by a ahot 
from a ^nn or pistol : that I he deponent then 
asked him, what was the nearest road to Gleo- 
duror, where he expected to find Ballicveolan? 
Which accordingly James Stewart having 
pointed out to him, he followed ; and meeting 
with one Allan Duw, whom he had seen se- 
veral timea before, he prevailed with biro to ge 
to Glendnror, and acquaint Ballieveolan of 
what bad happened, and to desire him to come 
up where his master was, and which the said 
Allan Dow could do more expeditiously ea 
foot, than the deponent could do in that croea- 
wi^ ou horseback; and the deponent imme- 
diately returned where bia master htv, and. 
brought no person along with him: that his 
master was then dead, and that the people of 
Ballachelish were at this time come no, and 
were standing about him. Depones, Inat be 
was then sent off a second tiine with a horse 
by the road Ballieveolan was expected to come, 
in order to hasten bim ; and having accord- 
ingly met Ballieveolan, he, at BalTieveolan's 
desire, went and acquainted captain CampbeU, 
younger, of Barcakline, of what bad happened. 
Depones, That when bis roaster and be oame, 
as bas been said, from Fort-William, on the 
14th of May last, tbey met tlie foresaid John 
MaccoU going to Fort-William at the foot of 
the three-mira water, which is about three 
miles from Fort- William; and that the said 
MaccoU came to the ferry of Ballachelisb mueh 
about the same time with the deponent, but be- 
fore Glenure, who had stayed some time talk- 
ing with the tenants of Ballachelish ; and for^ 
ther adds, that bis master had stayed at Coorj- 
chorrachan, which is about five miles from 
Fort- William, about an hour and a half, or 
two boors. Depones, That when MaccoU de- 
sired the ferryman to carry him over, the ferry- 
man begged to be excused till Gleoure*s horses 
should go over ; and that he waa then em- 
ploy^ in gathering wreck : but MaccoU would 
not delay ; and acxsordingly was ferryed over, 
as bethinks, about half an hour before Gienura, 
whose horses were first ferryed over, and tdoof 
witli them the sheriff-officer, and sfterwanfi 
Glenure and Mungo Campbell. And depones, 
l*hat neither Glenure, nor any in bis compao/t 
had arms of any sort along with them. And 
a coat, waistcoat, and bloody shirt, referred to 
in the list of evidence, being shewn to the de- 
ponent, depones, that they were the very 
clothea and shirt Glenure had on when be was 
killed as aforesaid. And further deponeti 
That, when he saw the pannel at bin honae in 
Aucham as aforesaid, the pannel wrung hb 
haiidsi expressed great concern at what had 
hap]iened, as what might brinif innocent peo- 
ple to trouble ; and prayed that mnooent people 
night BoC be brought to iroiiUe. Aad htmg 






^f Murderm 

idr Hie pafineU rlepooei, Tlitt he- 

t mmA ^v « Inch ho :\nA his master ciifne 

fhiniF^wt*1V h, tlifre isan* 

^ I 1 ; n , larel, both l>v 

I fNi fiMM, «rbicli is compiued to lie 

\ tittle, and by which he sup- 

— _^^^ Cfune. Cftii$n sdenii^ patet. 

4Uikif intiU^aa faenhnli answer to God. 
(Stgntd) 
Ia. Ft»omoys, John MACK£!<2i£t 

iKenwtdjf^ sheriff- oiKcer in Interary, 

, a^* *'' rr"irs» i«ilne«s dtetl, sivMrn^ 
an«i ' f/f iuprr»» ilep«nies,Thal| 

Ilu- I ^T''*^ 1 ^^t, be was eiii- 

I by tf acnes < i in Invrrtiry, 

ry a |)«ic<|tiLt '. , dipii al Furt- 

WtllimiB; ^iKi when iie ddirifreil the pacquet 
li liiiii, tnM hrm, tbai it cnntained a warrant 
for^irci in poveRRois of Ibe IudiJs of 

; uti the I3ih day of May, he 
lo >1- or Fort William^ where 

bafeyttdlir 1 Gleniire, and dellrered 

|(> litm« who told bim, as James 
ll«il heffML* diirte, tvhat tbe pacqiiet 
^■■- . ''■■- *■ :---i-nt, was to 
l« ipifbyet' ai : tba^ 

fMiihr • ■ , ,,j -i^*v, . -'--s the 



A. D. 1752* 



[98 




for «3rci 



mi wmmtd 



il^Wiilimii 

Fit W t lit \*< ' 



re a 
litl 




iiunii to the vJUili ot Ap|iin 
<rh him a ynung gentleman, 
^ III be a HrUer «n Edin- 
tvaiit Jobn Mackenzie: 
u'j,itt .luii tijif bor«ifs " ► i)t lii»t over; 
iilfain rrturnf-'d, and f>iou<^ht iivtr 
•' |kl»t«ll, and ihedi^ponenl : 
u' nn liiDt, as Uah been 
! ifadiug to KiotaU 
1 1 enure intended lo 
fsarivf tlul '■" iiHiit fui I he mad 

i^ CUnMitr, M II, and Glftiure'ii 

irrvaat, »Kii *oM nol keep up 

mibi i 10 rind, unon 

^rm^ tofBiillacbe- 

Ib4 on fivii^ hr lii^hird trnm lii« horse, and 
rtttlf tjn the wny wiili Bnlhichetish^ 
''if sfsirt orGlenure, 
' in company with 
ilitf tj> ;v nciU walking on through 
of l,cti«Tfn»u**. and after be was 
' I ihe wond, he 



till* 

\^ «rfit *t 
l.wWre li 
tbal 



te; ana 



mm h 

i«rda 



it of II 
tot Mil - 

livwafila lui'J 
tnatdiaiHy upon 
Ar ^ liad fviDo u 
Am, till Mice fia heard 
ttM» hadk 111 MnntTf ^ 
•tkioi. The • 



ne heaf«l the 

' '-*^ Mt noice 

at that 

.;. ^...i iid'tjre the 

\r fbremost, as he 

71ie de!>orn"nt 

d, 

'Lie 

^ hen be 

1(0 taid 

killed luy dif^r uncle^ 



ijy ie«tt one man ; and 
de|)Ou«!nl, ia iwd no ^uett)anf> 



beingf in confution, and dreading for the same 
fate bimseir. Depones, That he saw Glenure 
lyin^ upon ihe ground^ with grent plenty of 
blooij nbniil bttn, and» as the breast of lils waist- 
coat bad hc?en op^^ned litffore tbe defionent 
came nri« he saw a hole in bis shirt, through 
which ne supposeil a bullet bad come; and 
that the dejionent stayed at the place till 
Gfenure expired* Deponea, that John Mac* 
kenzie, Glenure's serrant, was dispatched by 
Mun^ Campbell to tbe house of ivintatline, 
where Glenure was to lolg^e that nigrht, and 
BaHieveoJnn alou^ with bim^ with orders to 
briog Ballioveulan, and some other gentlemea 
that were expected to be there ; Muogo Camp- 
bell also desired ihe deponent to g^o for other 
people, which the deponent at first declined^ 
g-ivin^ this re<i8on for it, that he would slay 
and run the same risk with Muogo Campbell ; 
but at last was pi'erailed upt»n to go by Mimgo 
Campbell, whom he left alone with I be corpse, 
and the deponent brought Alexander Stewart 
elder of Batlachelisb^ and several other people 
of the town of BaUacbelish. Depones, thai 
while Glennre and his company were at the 
ferry of Ballachetish, as aforf»aid» be saw • 
rnan^ who seemed to lje in a hurry to |fet orer 
•he i'crry, who provrd to be John Maccoft, 
servant to the pannel ; lo whom Glenure said, 
in thedeponcnt'^ hearini^, 8ir, you travel better 
than 1 [HK To which he answereij, 1 am in i 
haste, and so went over the ferry about an bout 
before Gfenure passed it, who had sotne bust*! 
ness lo do with tenants there. Depones, thatyl 
when the p«?ople were gatbererl about th 
corpse, as aforesaid, the said John Macroll wa 
(tinontrthem. And MunertiCamplieli then loli 
tbe deponent, that when Glenure nnd be wer^l 
come three miles from Fort William, ibe#l 
met the fsaid John Maccoll going to Fort Wit J 
liam, and that he wos back at ihe ferry of BaUl 
hchelisb, though on foot, as soon as they. De*l 
pouFs, that Glenure was shot aboiit half aii J 
iionr after five in the evening", and died, as h^ j 
thinks, about six, Mungo Campbell havtntf I 
then I rooked at bis watch. De|ioiie9» thnt tbi#] 
John ]^[iccoll was none of the people that thii J 
deponent had called upon: that the corpa^j 
was carried that night lo Kintalline by waierg 1 
the place where they lay being but a abort ' 
<)isiance down through a nigged part of tbtt i 
road towards the Loch. And being iolerrogat#^ 
for the pannel, depones, that there are tw# j 
roads leading from Fort Wdham totbe ienf i 
of Ballacbehsh, one of them being a horse- , 
road, by which Glenure came, Ihe other a fooU 
road, which is the shortest of the two by about \ 
a mile. Cansa scientia patet. And iUm is tht 
truth, as he shall answer to Goit And belai^ 
further interrogate for ll*e pursuers, depooefl| 
that neither Glsnnre, nor any in his com pan j. I 
had arms along with thetn of %ny kind. Anil i 
being also further inleiipogate for the panneV^ 
depones, that Jnbn Macooll was at the ferry 
beKire Glenure came up. And this Is trtith| 
as ho shall an«(wer toGod. (Signeii) 
J A. FiK^uftort. BgfiALo &£H>eoT. 



25 0EORGE IL 

John lUnf Lhingiione^ aliat Maeanure^ in 
Ballacheliah, roamed, aged 40, who beio^ 
vtvorn by Archibald Campbell, Bheriflf-aubsti- 
tute of Argj^llahire, aworn interpreter, punned 
of ualice and partial counsel, cfepones. That, 
upon Thursday the 14th day of Nav last, he 
saw Allan! Breclc Stewart in JUllacbelish, in 
the ibrenoon, dressed in a dunnisb \ng coat ; 
but had no conversation witli him : tliat, upon 
the eveninff of the said day, he aaw John 
Beg Maccoil, servant to the pannel, travelling 
at a good rate frooi the ferry of Ballacheliah, 
towards his master's house. The deponent 
joined him upon the high road, and asked him 
vrhere be had been ? To which John Maoooll 
replied, That he had been at Mary burgh for 
Charles Stewart, notary public, but did not find 
liim at home : that, during this conversation, 
the deponent travelled the road along with the 
said John Maccoil, and only stopped for a 
very short time ; and that the said John Mac- 
coil told the deponent, that Glenure that night 
was to lie at Kintalline. Depones, tluit, about 
an hour and a half, or two hours thereafter, the 
deponent went to the wood of Ballachelish, 
adjoining to Lettermore, to cut some sticks be 
wanted : that, while be was in the wood, he 
saw Donald Kennedy, sheriff-officer at Inve- 
rary, passing alooff the high nwd below him, 
and a little after him Mungo Campbell, and 
John Mackenzie, G tenure's servant, and a little 
after them Glenure on horseback, and Alexander 
Stewart elder of Ballachelish aloiig with bin ; 
and, as the deponent observed Glenure and 
Ballachelish, they found a big coat upon the 
high road, and called to the said John Mac- 
kenzie the servant, and the servant came back 
for tlie biff coat, and Glenure and Ballacbe- < 
lish parted: that the deponent came down to 
the road, and entere<l into conversation with 
the said John Mackenzie, and, after a few 
questions, the said John Mackenzie went on 
after his master ; and immediately thereafter 
the deponent heard a noise, whicn he ima- 
gined to be a shot, but waa not sore. De* 
pones, that, some time thereafter, he went 
along with Ballachelish to the wood ef Letten> 
more, where he found Glenure dead, and was 
one of the people that assisted to carry the 
corpse to Kintalline. Causa tcientue patet. 
And this is the truth as he shall answer to God. 
And depones he cannot write. 
(Signed) 

P. GbAKT. AbCH. CiJCnBLL. 

Alexander Campbell^ sargeon in Lorn, aged 
50 yean, nnmanied, awom, purged and ex* 
nmined ut tnpra^ depones, That Im waa called 
to the house of Glenure, upon the 15th day oC 
May laat, to ioapect the body of the then de* 
ceased Colin Campbell of Glenure, who, the 
fleponent was infonnad, had been shot the day 
betbre ; and, having aeoordinffly inspected tM 
body, he fonnd, that he bad neco ahot by two 
bnlleta entering at hia back, one on cneb aide 
nf thn bnok-bone ; one of wbieh bad < 
MUbMl half w in* btkm dw ufd. 



Triai qfJamei Stemari^ 



[100 



the other about two inches from it, towarda tbn 
right side. And depones, that they were 
tiiortal wounda, of which the deponent believes 
Glenure died. Cau$a identic patet. And 
ibis is truth as he shall answer to God. 
(Signed) 
Ja. Ferguson. Alex. Campbell* 

AnguM Macdonaldj walk- miller* in Anchos« 
rcgan, married, aged 6S, witness cited, sworn, 
purged and examined ut tupra^ depones. That, 
in April last, Allan Breck Stewart, and John 
Stewart in Auchnacoan, came into the depo- 
nent's house, and sat down ; and, at the samn 
lime, Duncan Campbell (the succeeding wit - 
uess) came in, and sat down also ; and which 
Allan asked John Stewart, who that wasf 
And John answered, That he waa an honest 
man in the neighbonrhood, Duncan Campbell, 
naming him ; to which Allan answered, That 
be did not like any of the sort or name : for 
that Glenure had wrote to colonel Crawfnrdi 
that he had come from France, and to take 
him up as a deserter ; but that be was not in 
bis reverence ; for he had general Chnrchill'a 
pass : that John Stewart said, that be did not 
so much blame Glennre for turning out the 
possessorsof Ardshiel; for that he was but do- 
ing the king's service ; and that, if he had not 
the factory, another would, who would do the 
«ame thing; to which Allan a n s wered. That 
he rather the meikle devil had it than Glentnc. 
And being interrogate for the pannel, deponcf » 
that Allan waa tben dressed in a blue afait 
coat, a red vest, and feathered hat. Deponci, 
that tbe deponent aaw him agam about the 8tb 
of May in the aanie dress: that, at that time, 
the deponent, and tbe foresaid Donean Camp* 
bell and Maloofan Maoooll, were travelling to* 
getber, and met Alfain on tbe road : that Alhm 

Skve Duncan the eonmion nlntation : and aaid, 
at tlie tost time be bad been in Dnnoan'a 
hooae, be waa bad company, tlioogh it was 
not be that was so mncb tbe bad company, aa 
tbe drink. Cease srieaf ttf patei. And tbi^ 
tbe tratb aa be iball anawer to God. 
(Signed) 
P. Grant. Angus Macdonald^ 

Duncan CampheU^ cbange-keepqpf at Annat 
igcd thirty-five yeaia, mwried, witneaa dtcd, 
sworn, purged and examined ut tupra^ de- 
pones. That, in the month of April last, the de* 
ponent met with Allan Breck Stewart, with 
whom he waa not before acquainted, and John 
Stewart in Aucbnaeoan» at tfce boose of the 
walk 'miller of Aucbosragan, and went on with 
tbem to thf house : that Allan Breck Stewart 
avd, that be bated all the name of Campbell ; 
and the deponent aaid, he had no reaaon for 
doing so; but Alton aaid, be had very gonl 



^ 1 do not fbid in Jamieson thia 
« walker' (fuller) with which professor LesKt 
aiimsts that il is synonymous, {gvnti foiling* 

t Piiblichoiiie-keMier. Qo. ii'a atylM^ 

4 



101] 



fir Murder. 




I Ibr Ht tifeti llMrMft«r they lell Ifatt 
r I mi, 9tm drnilciiig « dram tt anothi? 
if xxmt In llie dcpoDVDl*! hotiie, where 
} wtnt b. Hid drmkioiiie drtiiis« anrf Allao 
ml iIm AraMr MttverttHoD ; tod 
makiii^ ^« iA«e Rpftwer, Altao 
, if th» depooent had aoy respect for 
I, W woohJ telt lliem, llidt if they of- 
lo titm out the possessors of Ardithiel's 
, ke would roakeolack cacksof them be* 
into poisessioM ; by which 
HI ondersfood shooiiog thern^ it 
MS phrase in the country : that 
ltd, he did not blame G tenure so 
at Ballieftolan for taking these posses - 
wharras Gleoure was dofnc- the kiog^ 
a I ajul Allan Breck replied, That besides 
Iktti W liail antitber gronnd of quarrel agrjuosl 
Qmoiv, Ihf his writjni^ to colonel Crawfurd, 
tltet \km^ AQm, was come home from France ; 
ImI libJA lie «vi*« t£»" riinntn^ for him ; for that, 
' » at Ed had made op his peace 

• L and had gut his pass^ 

1 in Ins pocket-book : that the de- 
I a Rtglit of it : itiat he searched his 
isclurl'^lboaic, hut coutd not tind it \ upon which 
hi lore » l«Lf oiit of the book, and said, there it 
wia, Anddepmes^ That he said twenty times 
«fcr fee woahft lie fit -tides h ith G tenure, where- 
9i*fm hm. met liioi ; and wanted nothiog^ more 
Ibw to oiaet httti at a coureutent place. De- 
lli«l« at this* ttinpp Allan Breck was not 
, fo b« oAold walk and talk as well as any 
but a eouid easily \\e observed, he had 
ilriakifi^. Ctitaa tcientiit patet. And 
iJi IIm Ituth^ as he shall answer to God« 
( Signed) 
,GtUMT, Dlncan Campbell, 




ten, temtrix to Duncan Camp- 
•tceeper at AnAat, unmarried, aged 
witnes)» cited^ 8%vorn^ putged and 
liv tht> «jworn iiiterpreier above- 
6fjv 4, some Urae after the 

t7lb dbj Of ^ i ^ before the Brst of May, 

iktmm Allan Breck Stewart in company with 
i^km Brrck Stewart in Auchnacoan, and 
Rsfcut St«w»Tt, In the niiU of Duror, in her 
«i0i8r'« I»mf9**; and that she heard Allan 
Briefc I ' , tiiit he would not shun 

GWn«r» I be met him ^ by which she 

U d m iocKi iu*t lie was lo do hurt or harm to 
Qfaiir* w lirrev^ h« iaw him. Cuu$a tcientiit 
ftitt, Aoii thia ia ibe truth, aa she shall ati* 
ivcr in God ; and declares she cannot write. 
(Signed) 
F. GftAVT Akcu. Cam; dell. 

rt Sicft.art, «fon to Robert SlewaH, 
' in Cait, Ag-ed about twenty, unmarried^ 
eked, %wnv^ : r^'d aud exaniineil, u( 
^f«, ijr tba ^ lerpreter, de^mnea, 

fbl,Mm«1lifi«4i^ Ai^^^l :^t, the depoiietit wan 
m emmfmmf wilk Allaa Breck S^tewart, John 
^ in A«alwaeota» llnacto CaaipbelK 

r m Aonat, ui the s«id liuMcan 
'lio«»e: ifnA AUbu Breck coni- 
flibid if Coii0 Hoji au£i&isi|( Ok nurci and 



A. D. list. llOt 

Mr. Camphen of Baltievedan i and said parti* 
cutarly or UleDure, that he bad sent uoltce H^ 
Fort-iVilliam, that he was in the oountry, that 
he might be apprehended : hat said, he Mras noi 
in his reverence, ns he had the king of Prance'i ( 
com million In his pocket ; and said, he woolj | 
be ereu with him ; and that be would take hii 
opportunity to dispatch or murder either ! 
Glenure or BallieTeoIan, beibre he le^ th4] 
country. Depones, that Allan Breck wai , 
much in drink at the time of uttering the abov^ | 
expressions; and was then dressed in his lontf 
blue coat. Cuusa ncientia patet. And this it 
the truth, as he shall answer to God ; and de* \ 
dares he cannot write* (Signed) 

P. Gaamr. Arcb. Campbell. \ 

Malcolm Bane Matc&lly change- keeper all 
Portnacrosh, aged fifty years, married, witoes* j 
cited, sworn, purged and examined by the in** 
terpreter ut supra ^ depones. That, some tiiii#1 
in April last, Allan Breck Stewart and Johaj 
Stewart in Auchnacoan came to the denooent^t , 
house after nigiitfall, and sat up all iiight 
drinking : that, next morning, John Maccolj^ 
then servant to the deponent, now in Shunis J 
catne into the company, in a shabby cx>ndi« I 
lion : that Allan Breck asked who he was ? ' 
That the said John Stewart answered, That h# J 
was an honest poor man, with a numerous 
family of smalt children ; and that it would b# 
gre&t chanty in any body to assist him: upoii 
which Allan Breck desired the said Johl|j 
Stewart to give the said John Maecoll a sloni 
of meal, and he would pay for it ^ which tk« j 
said John Stewart promised to do: ihat thnt] 
said Allan then ^re the said John Mi^coll m 
dram, and told him, if be would fetch him th« [ 
red fox^s skin, he would |{ive him what wai 
much better ; to which the said John Maccotl j 
answered, that he was do sportsman ; and that f 
he was much better skilled in ploughing ot i 
delving. Depones, that the deponent gars j 
no great notice to these expressions at the time | 
but, afitr he heard of G tenure's murder, be- 
lieved he oieant Glenure, as be wm cornmooly 
called Colin Roy, which meant Red Colin, in 
the country. Causa icicntia patet. And thit 
is the truth, as he ah all answer to Ood ; an^j 
declares he cannot write. (Signed) 

P. Grant. Abch. Campjullu 

ifffHe Mac€oilf spouse to Bfaleolui Bans | 
Maccoil, the preceding witness, aged ahoat'i 
forty, witness cited, sworn, purged and exa* 
mined ui ntpra^ by the mierpreter, depo«ie8» ' 
conform totlie said'Maicokn Bane Maccoil, iht' 
(ireceding wiine^* tn omtubut^ except that tht 
said AMan Breck and John Stewart iu Auchna* 
coan went to bed for a short rime ; but, whe* 1 
Iher they slepi, or not, the de|]onent know^i 
not. Cauia KientU ptitet. And this is th#J 
truth, as she shall aruw^r to God; and do*^ 
dares she caniiol writs. (Skgncd) 

P. GuAvn . Arcu. Campdell, 

Jithn Stewart elder of Fasnaclotch, aged 
,«iil^-ait yeirt, latifiW, iwoni| puigsd tA4 



103] 25 GEORGE II. 

eKlunined ut $upra, depones, That, upon the ^ 
Bloiiday before the murder of Oleoure was 
committed, Allan Breck Stewart was then at 
the deponent's bouse, having been three nights 
there, accompanied b^ Charles Stewart, sou to 
the pannel : that he told Allan Breck, that 
Glenure was come from Edinburfjrh with a 
warrant to remove the tenants ; to which Allan 
Breck said, that, if there was a warrant, there 
was DO more to be said ; but that, if he had no 
warrant, he would not be allowed to remove 
them: that the deponent told Allan Breck, 
that a plea with Glenure, coocerninji; the re* 
moving of these tenants, would be costly for 
James Stewart in Aucharn to support: that 
the reason he named James Stewart, waa, that 
he was the |)er8on who acted in behalf of the 
tenants: that the distance between the depo- 
nent's house and the late Glenqre's is about a 
mile: that he beard, on Sunday the 10th of 
May, that Glenure was going to '^ort- William ; 
aud Allan Breck left his house about nine 
o'ck>ck Monday morning. Causa iekntia patet. 
And this is traih, as he shall answer to God. 
Aroyli.. (Signed) Jo. Stewart. 

Jamet Stewart younger of Fasnacloich, aged 
S9 years, unmarried, sworn, purged and ex- 
ammed vt supra, depones, That Allan Breck 
Stewart came to Fasnacloich about the Bth of 
May, and stayed three days: that he went 
away on Monday the nth, about nine in the 
morning : that be was going to leave the coun* 
try soon, but would see them again at Fasna- 
cloich before he went away : that he was tben 
dressed in a loug'blue coat, red waistcoat, black 
treeches, and a feathered hat: that he saw 
Allan Breck the next day, being Tuesday the 
ISth, at Ballachelish : that he was then dressed 
in a bhu;k short coat with round white buttons, 
and a dark great coat over it, with trowsers on, 
and a blue bonnet : that the deponent took no- 
tice to Allan Breck that he had changed his 
dress ; who answered, that he did it because the 
day was warm : that the deponent was informed 
at Ballachelish, in company with Allan Breck, 
that Glenure was gone to Fort- William : that 
when he parted with Allan Breck at Glenco's 
bouse, Allan Breck told the deponent that he 
was going to Calhirt, and would return the 
next day, and did not see him since : that on 
Sunday the lOlh of May, he heard, being in 
company with Allan Breck, that Glenure bad 
got an order from Edinburgh to remove the 
tenants, and was gone to FVirt-William ; and 
that this was at Fasnacloich. Causa seientUt 
patet. And this is the truth, as he shall an- 
swer to God. (Signed) 

Aagyll. Jambs Stewart. 

John Stewart younger of Ballachelish, aged 
96 years, unmarried, sworn, purged and exa- 
mined ut supra, depones, That, upon Tuesday 
the I2ih of May last, he saw Allan Breck Ste- 
wart at his faiher's house of Baltachelifth, and 
heard bim avk questions about Glenure's tra- 
velling to. Lochalter : that, on Thursday the 
14Ui,lal0at nighti Donald MuiDtyn, • mw 



Tfialo/JameM Sttwarf^ 



tiu 



▼ant of the pannel'a, told thpe dtpoBcat of tbo 
murder ; and that he was going with a »€•» 
sage to Appin from Janaes Stewart his ma s ter ^ 
to give him an account of the morder: that he 
arrived at App'm's hooso before the said aervaat 
came there : that he returned to Appin'a boiaiQ^ 
instead of going to the panneFs house, when hm 
had intended to be : that he (eld Appin of the 
murder, at which he expresseil great ourpriat 
and concern. Depones, that, in the time ef 
the spring circuit in thin place in May last, he 
waa summoned to be of the jury ; but, at the 
earnest request of the pannel, that he, the di^ 
pon'ent, should be present with a notary at the 
removing of the tenants from the estate of Ard« - 
shiel, he was a-going on that errand to the 
pannel's house ; but returned to Appin, npoe 
hearing of the murder committed that day. 
Causa scienti4c patet. And this is truth, as be 
shall answer to Gud. 

(Signed) 
Argyll. John Stewart, 

Katharine MaccoU, servant to the pannel» 
Qged 16 years and upwards, who bein^ so* , 
lemnly sworn, by the forenamed sworn inter- 
preter, purged of malice and partial counsel, 
and examined and interrogate, depones, That 
she saw Allan Breck Stewart at the pannel's 
house, upon Monday the 1 1th day of May Uat» 
in the afternoon, dressed in a blue side coat, 
red waistcoat, and black breeches ; and does 
not remember to have seen him in any other 
dress that day. Depones, that the pannd 
went, in the atlernoon of that day, to Keels, to 
meet Mr. Campbell of Airds, and that it waa 
late at night before he came home ; but that 
the family had not supped when the pannel 
came home; and that tne pannel supi>ed in 
company with Allan Breck Stewart, Fasoa* 
cloich's daughter, and Archibald Cameron, 
nephew to Fasnacloich, and the pannel's fa- 
mily. De|K>nes, that she saw the said Alhm 
Breck Stewart, on the morning of Tuesday 
the 12th of May last, dressed m a donnish- 
colouied great coat, in the pannel's house ; 
and that she saw him go out at the door 
dressed in the said dunnisli- coloured ^reat 
coat. Depones, that, upon the evening of Fri- 
day the 15th of May last, as the deponent 
came in at the door, Margaret Stewart, spouse 
to the pannel, being then in the cellar, called 

Xn the deponent, who then saw the said 
rgaret Stewart put a- side blue coat, a red 
waistcoat, with something else that the depo- 
nent did not observe, into a sack, and delivered 
them to the deponent, desiring her to hide them 
some way without. Depones, that the said 
Margaret Stewart did not tell the deponeet 
to whom the clothes belonged ; but that the 
deponent thought the said ooat and waistcoat 
were Alhin Breck's. Depones, that she west 
awav with the said sack, containing the nid 
dothea ; and, aa riie waa going up the brae, ie 
order to hide them, was overuken by DugaM 
aed John Beg Maecolls, servants to the uawMl, 
wkohedaonegnBiaiid awordi} and tkenifl 




J^ Murder^ 

\ Mioerfl mkmi 4m 4«|NMieiit, whut ilie 
M^fsi liilm ttdi f The ile|ionent oti«iv7efe<l, 
}kmm ABtti Bff<eck'« ctolbcm ; and ahm «he wai 
i^ tbrnn ; ami ibat uccordingly the 
cooUiniiiif Ibe iihave cl»tli^, wai 
lid in llt« nottr nbove the pan n el's house, hy 
Ite Mi4 IHmM Maccoll, in (iresence of ihe 
L D i ppp t i, thai upon 8al unlay the 
rifijr kai, Jn Uie evening, |U« saitflVlrs, 
K to the pannd, ile&ireU the tie- 
_ lo carry back whkt she had hid, and 
> it at Um hack of ttie hrewhoiti$e ; which 
•eoanlingiy did ; and has not !«een 
Depones, th^Ll Alexunder fiiine 
by Ihe dcpouent about the 
\ dlftiitefliOir' l>e)>ones« tliat sotiie time 
BOMT httt^ after the above pt^riod^ Solomoo 
BaaeMaoDsti, aerrant to the pannel, told iht? 
4tfiBmtnX^ llMit ihe said 51ri. Stewart, spouse 
la tbe |MiiiiH, d^^stred her to conceal what she 
Itibew albcinl the al>oye clothes, in case she 
•Im»«I4 W a aba d ur examined about them. And, 
] ifil<rfQ|ale for the paonel, depones, that 
Bntk ntawftrt diil tiot lie in the pannefs 
* ^poo Holiday nifjfhl, the lltl) day of 
Ma/ lart, b«l Uy in the bam.* aa the depuoent 
ttoiDi. Cmg^ iCienU4e pMUt , And this m the 
m^^jfh M ^^ *hall answer to God ; aud de- 
^^^Bia dbe eaotiol it rite. 

■ hmtWL CAvcpaCLL. J a. Ferguson. 

I -*" 



A. D. 1752. 



[loa 



h 



drtkSimU Otmertm^ son to Allan Dow Ca- 
tune chaiJiie -beeper in Mary- 
bn' «r9, unmarried, sworn, purged 

••« rupra^ hy Mr. Archi)mld 

Caoipbeti, ft titute of Ar|>:y II -shire, 

Ity aei^ hmu-^ - ate for the paouel, That, 

afiaa MaBilay the lUh day of May last, the 
from Faanacloich** house to the 
*i liO(i9»e after mid day : that, some little 
he came tliere, he saw Allan Breck 
nrv: that the pannel tvag not at home 
afcta Iba dafionenl came ^r^t ttiere^ but eatne 
bama bdbrr "7'*^:~'l: that the deponent, 
Altai. id the family, gut in one 

md miyjr^i : -^^ihpr : that he did not 
ifca i iic AlUa Breck and the pannel speak in 
pivrakr tbai mgbt : that the deponent and Allun 
tbvwart, the iiiuiDeP-t son, lay in one bed, Allan 
and Charle* Ntewart, ton to the pannel, 
bed, in the iame barn : that, to the 
iVQieiDbfsnce, tliey all went to beil 
' time, and ^ot up to^jfether next 
thai th« d4»}»oneiil did not uh'serve 
fttfeac*' ' '^use next morning when 

•**T»iw i^ "f r,:i,oii nmoogthe 

' ki I Scotland, In 

tii: C4> «■ M u V « "t^^ > ^ ^ > < ^<i p^ of V tsitors 
laawouM derange tiie cecooomy 
if a viofa fiaiialNMl fy^rif^^ Wbeu they goto 
hai, titaj ate oet nadad for want of 

M aa abr#t ilafibals spread on 

ia a bant, tbrm aitpplemeutary htdn for 
af 1km fiieali M (bo tiou«e cauaot coa^ 



he got itp. Cauia tcienhm paiet. Ami tb 

18 truth as he iihail answer to God, 
Aiicit, CASipBttx. (Signed) 

Argyll, AttcutsALB Camer 

John Breck Maccoifthich^ chanjcr^^keepfr 
Kintal line, ag-^d about 40, married, witrN 
cited, sworn and puri^ed by thr tbrename 
aworn inierpretpr, ut tuprn^ iU>iHmvn, "f'hnt, in 
the bei^innin^ of Kumuicr la^t, Ik-Iok? WhiiMun 
day, Duncan Campbell, sheriff-iiuhsiituie ot 
K[|lin, toid the deponent, (hat if hf could, witlil 
truth and honettty, makt: any discovery, texid^l 
ing to discover the? murderers of Glennre, itivaf] 
probable he would mil be turned out of his poa» 
session. Depones, that, upcm ihe 14lh day ofl 
May last, John Be^' Maccoll, servant lo tlisl 
panuel, came to the depouent^s house aloutJ 
seven o'clock in the morning, aud told, that th^| 
pannel had desired the deponent aud John 31or^| 
Maccoll, another stivaut of the panuelu, t^J 
ferry the said John Bp{^ Maccoll from his bousftJ 
to Lochaber, that lieing- the Bhoi test road froui^ 
Aucharo to Fort -William ; that the deponent 
At the first declined it; but upon John Be^'fl 
telHng^. that it was the panncrs desire that n#] 
should be ferry ed thci-e, they carried him over J 
according-ly. Depones, thai^ in the aiteruufinl 
id the s^iut; day, before sun set, the said Johtif 
Ueg' MnccoU came back to the depwneut'i^ 
hou»e, and called lorhiilla mutchkiu* of aqua 
vita:, but did not sit down : thnt durin^f the! 
drinkini^ of the dram, the deponent askrd the] 
sQid John Beg- Maccoll if he had l»cen at Kurt* } 
William ? and if he had got Charks Slewar|,.j 
notary ? (which be told in the morniii^^ ^aprj 
bis errand to Fort-William) John Beg Maceolll 
answered, that he had been at Marybur^h, bt||.| 
Charles Stewart was not at home. Bepone^J 
that, upon Tuesday the 12ih of May lixst,] 
Glenure sent notice i» the depoue4it, that h^j 
and some other company whs to bt* at his hoii<$oJ 
upou Thursday then next, and dessitttl that hei 
might be prepared for entertaining them ; noil | 
that he accordingly mtidc provision for them. | 
Depones, that he (old thai Glrnnre wa-s lo l»# ] 
at his house that nii^ht ; and ihut ihe uhal^J 
neighbourhood knew of it ; and, upon the pKn-'l 
rrel's rii term oratory, depones, that <t lei in re T 
frequently went to Lochaljer by Mamuckie, 
beinj^ a shorter road to the ferry of Ballachelish 
than ihestratfi of Appin ; and he once coming ' 
from Lochtiher, lai>ded at Kintalline ; and th«^ j 
n person paj^sinf^ from Gleoerearan to ttie fcrrjf i 
of BaltnrheliKh hy Mamuckie, does not ^ j 
throojyh the wood of Lcttermore, nor by Khf { 
tallioe. Depones, that he was warned to re* j 
mote from his possession, being^ a part of Ard« J 
shiel estate^ rI Whitsunday last, nod f^mploye^l 
no person to keep fiim in possession. Depone^ J 
that, some time after he had got his citation ofl 
warninijt the paunel passed hy his house ii< j 
liorHeback, and ankcd it he had his copy of citai 
tioa in the removing ? The deponent answered 

. - ■ ■ — c J 

^ VA metture cqtiil to la Eoglisb pint,^j 
iamieioo. 



lorj 



26 GEORGE 11. 



Trial qf James Steveartf 



[108 



be had ; the paonel called for a sigbt of it ; 
and, upoQ the deponeDt^s pruducing it, the 
pannel said he would keep it. And Ming in- 
terrogate if Uie pannel informed him that he 
was going to Bdinburgh, and was to produce 
liis copy of citation there ? depones, Not ; but 
only that he was going southward. Caum 
Mcientia patei. And this is the truth, as he 
ahall answ^ to God ; and declares he cannot 
write. (Signed) 

P. Grant. Archibald Campbell. 

Alexander Stewart of Ballachelish elder, 
aged G8 years, widower, sworn, purged and 
examined ut tupra, depones, That Alhin Breck 
Htewart called at the deponent's house upon 
thi? 12th of May last, and that James Stewart 
younger of Fasnacloich was then at the depo- 
i\ent*s house : that upon the 13th, about seven 
or eight in the afVemoon, he came ag^in to the 
deponent's house, and lodged with him all 
night, Rtayed the next day, l^ing Thursday the 
14th, till eleven or twelve, when he went out 
with a fishing rod in his hand, and was fishing 
ID the burn near the deponent's hou8e,but he did 
not see him take any : that be did not take 
leave of the deponent ; and did not return ; and 
lie knows nothmg of him since: thai the said 
Attan Breck Stewart was dressed in a great 
coat, and under it a short black coat with white 
iMitlons: that, when the said Allan Breck 
tStewart was fishing, he saw a great coat king 
upon the bank, which he took to be Alhin 
Breck Stewart's: tttl,that evening on the 
14ih, he was in comoany with Glenare, and 
left him very near the wood of Lettermore : 
that the morning after the murder was com- 
mitted, the depooaot really thought, that AMan 
Breck Stewart might be tie actor in this mnr- 
te, because he did not retom to this deponent 
again.f Causa identic patet. And. this is 
tmtb, as he shall answer to God. 
AsoTLL. (Signed) 

Alex. Stewabt. 

Donald Rankine^ herd lo BaUacbeJi&h, un- 
married, aged about eighteen, witness cited, 
•worn, purged and ejUMoined ut iuprot by the 

4- '< This expression appears to me equivocal 
and suspicMNis. It most here be observed, that 
tha common method of taking down written 
•vidence in this country, is not to express the 
adoal words of the witness, but for the judge, 
«ir eommiisioDer, to clothe the witness's ideas in 
the roost saitable language that occurs to him. 
Thus the witness's ^ea, when committed to 
paper by the Judge, is sometimes very different 
from that which he delivered. — The judge who 
dicuted to tiie clerk of court Mr. Stewart of 
Ballachdish'a evidenoe was tlie duke of Argyle 
himself. I apprehend the deponent oieaned 
only, that he really thought Allan Breck 
might be guilty of this muraer; yet his evi- 
dence is so worded as to imply, that the actual 
perpetrator was not without oonspira(ori| who 
were jouied with him ill ooBlrifipg this 



said Archibald Campbell, sworn interpreter, 
depones, that on the 14tli day of May last, ha 
saw Alhin Breck Stewart at the bouse of Balla- 
chelish, his master : and that the said Allan 
Breck was dressed in a great duo coat, under 
which he had on a black short ooat, with sUver 
or white buttons on it : that before mid-day be 
went up with a fishing- roil to the water-side, 
where ne saw him fiuiing up the water : that 
he has not seen him since. Causa sciemti^ 
patet. And this is truth, as he shall answer to 
God ; and declares he cannot write. 
(Signed) 
P. Grant. Arch . Gaupbclu 

Archibald Macinnett ferryman at Ballache- 
lish, witness cited, aged 65 years, married, 
sworn, purged and examined ut supra^ de« 
pones, That he met Allan Breck Stewart near 
the ferry of Ballachelish, u^ion the evening of 
Wednesday tlie IStli of May last, as tha said 
Allan returned from Glenoo. Depones, thaL 
after mid-day, upon Thursday the 14th day of 
May last, as the deponent was sitting near the 
ferry of Balkushelisb, with the son of John 
Campbell in Stronmellachan in Glenorchie, 
Allan Breck came behind them, and boasted* 
and, upon the deponent's looking about, de* 
sired hnn to come to him ; whicn the depo- 
nent did ; and the said Allan enouired of him, 
if Glenure had crossed the ferrv from Locbaber 
to Appin ? The deponent told him, he was 
sure ne did not : that upon this, Allan Breck 
went awsy towards the high road ; had on a 
dun-coloured big coat, and had no fishing- 
rod ; and the deponent has not seen him since. 
I>epones, that he is ferry er upon the Appin ' 
side, where this conversation happened. Causa 
scientia patet. And this is the truth, as be 
shall answer to God ; and declares he cannot 
write. Andfurtlier depones, that he heard no* 
body suspected for the murder of Glenure, bnt 
the said Allan Breck. Depones, that Glenure 
was expected Imck upon the Wednesday ; and 
the deponent was sure he must be back the 
Thursday, as it was currently reported in the 
country, he was to have a meeting with soma 
goitlemen at Kintalliue, Thursday night. And 
tnis is also truth, as he &hall answer to God. 
(Signed) 
P. Grant. Arch. Campbell. 

Donald Stewart in Ballachelish, aged about 
30, married, solemnly sworn by ArchibakI 
Campbell, writer in Inverary, sworn interpreter, 
who, being purged of malice and partial coun- 
sel, examined and interrogate, depones. That 
upon the 15th day of May last, he met tho 
pannel in Duror, upon the marches of Auchin- 
darroch, opposite to the panners house. Upon 
the deponent's regretting tliat such an accident 
as Glenure's murder should happen in thn 
country, the pannel joined with him, and said, 
that he was informod that one Serjeant Mors, 
alias John Cameron, had been threaicninf 

* <Cougbc4'i€C jamicmD'sDiol.TOcTt 
ho8t|tohmiu 



/or Murder. 

f tn Frmnce, but tlril not inform 

y lolil liitii 90 . l>« [mn es, Ih ut » 

I More litis not been 

ru uli of May 

bt- 1 ! , i\ :i i J .icinishtUen 

li, DOW to Larichi came to the 

I Intin th«t <Hie without wanted 

thai this message en me to 

)'ii ijwn bouse : ihatf when 

• fitd Katharine Macinish fn- 

III WS4 Allan Breck that wanted 

be Wiui a little oUoire the 

I Lrae : that the deponent went up 

1 tsiet Ailati Breck, who was then 

great ^at, and a dark short coat 

ikile metal buttons ; the iIe[»o- 

^ Une niiirdtr, and s^aid it could 

V, AlUu Ureck, was ahoui it ; 

Sreck answered, that he heard 

, had no hand in it ; to which 

ilied» lie did not believe hitn* 

aaid Allan Breck Htewart 

f fee was going immediately to 

, was rery scarce of money, 

: then for KoahNuacoan ; and de- 

nl to acquaint the pannci, that 

to Koalivnacoiin ; nod desired 

il«, to Kt nd him money there ; and 

ftttbeti promtaed to acquaint James 

like above metaage. Deponcfi, that 

" *> mid, he believed he would 

[ IImi tntinlerf and upon that ac- 

r fr«a a deserter lorrnerly from 

Plififtft necessary for him to leave 

DejKmca, tliat, before he had 

on with Allan Breck he as- 

; the eoriiae of <;;lcnure to the 

that, fther the conversalioii 

I abinil aerjeant More« he de- 

mtte irom Allan Breok to 

tk>l tne pannel did not say 

Mod the money or not : 

happened about ten 

of Friday the 15th of 

[.ttet tli«re wan nobody |>reaept. 

I Sunday the 17Ui of May 

rBine Stewart* packman 

• of Larich in Glenco, 

that he had been at 

% tMniraati to Appin in Ko- 

mlhtr three or fire guineas, 

Ipoaitive which, that he had 

y to be left with the said John 

Allan Breck 't use, if he 

lloldtbe demioeni, that be left 

Hkfliiid John Breck Maccull^ 

aid Allan Oreck. And, upon 

^ put lor th« panoeL depones, 

firt <v v-'ifertngthe above 

_ Jlai' ' the pHnnel, the 

llrlr^ ^ k himself did not 

i it? To which 

t* rei(ir_'rikl>rance| 

^e Bua- 

iier; to 

net Eniwvriid, ibal h« bvpttd in 



A.n. 1752. IU9 

God Allan Breck was not guilty of the murder. 
Depones, that, during the above conversation 
ivith the pannel, Alexander 8tewart, Duncan 
Maccombich, and several other poasesaors of 
Auchindarroch, were in the adjoining- field 
ddvin^^ but at such a distance that the depo- 
nent cannot think they could hear the ib^vt 
conversation. And, being shewn the short 
black coot, with clear white buttons ou the breast 
and pockets, and the blue striped trowsers, now 
lying in the clerk^s hands, depones, that tha 
said Allan Breck wore such a coat and trowsera 
upon Tliursdav the 14lb of May Jast ; and 
saw him in it the forenoon of that day at Balta^ 
chchsb. And further depones, that be, tba 
dfpunent, ts manied to a daughter of Stewart 
uf Bailachelish, and litays in the house with 
him : that her mother was daughter to Htewart 
of Annat, in Perthshire. Causa ictentia patet. 
And this is the truth ^ as he shall answer ta 
God : and depones he cannot write. 
(Signed) 
P. GiuKT. Aech. Campbell. 

John Mticdanald of GlencOj aged 26 years, 
unmarried, sworn, purged and examined ut 
iuproy depones, That on the 12lh of May last» 
Allan Breck Stewart came to Carnock, thv 
house of the deponent : that he stayed there 
but a very little time, viz. not above a quarter of 
an hour : that the dejioneot had no conversa- 
tion with bim; and the said Allan Breck 
Stewart went away ; That, on Friday the 15lh 
of May last, the said Allan Breclc Stewart 
canve again to U)e said house at three or four 
o'clock in the morning, and knocked at th« 
window of the said house when thefamily wer« 
all in bed ; that the deponent went to the door 
of his house, and there saw Allan Breck 
Stewart, who gave him the first notice he 
had of Glenure*s being murdered the evening 
before in tha wood of Lettermore; and told 
him that be was to leave the country ; and 
ca.me to take leaveof the deponent and bis step- 
mother, who is a sister of Ardshiers : that his 
clothes were tlien n dun or brown great jockey- 
coat : that the deponent did not ask Allan 
Breck ^>tewart any questions about the said 
murder: nor did be say any thing upon tha 
subject to Allan Breck Hlewart^ as far as tbe 
deponent can remember: Allan Breck Stewart 
told him be was to go the moor-road leading 
to Rannoch : that, upon the Tuesday above* 
mentioned, James Stewart of Fasnacloich was 
along with the said Allan Breck Stewart ; and 
that he was dressed in a black short coat with 
white buttons. Causa tcientia paUt* And 
this is trutli, as he shall answer to God. 

Argyll. (Signed) Jqitn Macdokaui. 

hobcl Sicwart, relict of Alejrander Macdo- 
nald of Glenco, aged 42 years, sworn, purged 
and eXBjnined ut tupra^ depones, that upon 
Tu«tday ll»e laih day of May last, Allan Breck 
Stewart, described in the libel, came to her 
house at Caroock, in the afternoon, accnnpa- 
nied by young Fasnacloich, dressed in a black 
sborl «<Hlt with white «ltar ^ultoni: tUfttbi 



Ill] 



i; GEOfiGE II. 



TrM ofJamei Sknaitt 



[Hi 



itayed aboat an boor: and then went away to 
the deponent's sister'a house at Callart : that 
Allan Ereck Stewart came again to the depo- 
nent'tt house on Wednesday the 13th of May 
last, in the afternoon, and stayed about a quarter 
of an hour ; and then went to BaUacbelish : 
that, on Friday the 15th of Mav, the said AHan 
Breck Stewart came again to tne said bouse, at 
4 o'clock in the morning, and knocked at tbe 
window of the house, and all tbe family was in 
hed ; upon which the deponent went ont with 
her step-son ; and she asked him, what news 
up the country ? To which he answered, A 
good deal of news, that Glenure was killed the 
ereniug before in the wood of Lettermore; that 
lie was come to take farewell of the deponent; 
for he was to leave the country : that she asked 
liim no more questions about the murder: that 
she asked him to come into the house ; but he 
answered he would uot stay : that to the best of 
her remembrance, Allan Bredi Stewart told her, 
that Glenure was killed or shot : that, when he 
knocked at the window, one of the deponent's 
children told her, that he heard Alhin Breck 
Stewart's Toice. Causa tcientia patet. And 
this is the truth, as she shall answer to God. 
(Signed) 
Argyll. Isobbl Stewart. 

Afary Macdonald^ spOose to Donald Mae- 
innes in Leckindum, aged about 40, witneM 
cited, solemnly sworn by Archibald Campbell 
of Knockboy, sworn interpreter, pnmd of 
malice and partial counsel, examined and inter- 
rogate, depones, that a little before son-aetting, 
on Sunday the 17th of May last, she saw Allan 
Breck Stewart sitting in tfale wood of Koolisoa- 
coan, less than a mile's distlmce from the 
liouses : that, upon her approach, he started to 
liis feet : that she gave and received the com- 
mon salutation from him ; and then she passed 
away on her own business : that he waa dron- 
ed in a long dun jockey-coat and bonnet. And 
^leponea, ahe was alarmed at meeting a nmn in 
ar place so remote. Cauta identut patet. 
And this is the truth, as she shall answer to 
God ; and declares she cannot write. 
(Signed) 
P, Gramt. Arch. Campbell. 

Duncan Stewart^ trarelling packman in Ar- 
larich in Rannock, aged 32 years, married, 
sworn, purged and examined ut tupra^ de- 
pones, that he met with Allan Breck Stewart 
lipon a Monday or Tuesday, about tbe 18th or 
S20th of May last, at a place in Rannoch called 
Leckinstrensmeir ; and, having asked Allan 
whence he had come, and whither he was 
iroingP he answered, he had come from Balla- 
cheli.sh or Callart, he does not remember 
which ; and that he was going to a shealing, 
where his uncle Allan Cameron lived ; ami, as 
the deponent had at that time heard nothing of 
the mnrder of Olt^ure, he said nothing to him 
about it : thai, two or three days thereafter, the 
deponent's sister lold him, there were two gen- 
tmnen wanttmr him out-by : and after he nad 
g<st bis breakmsty h« want out, and fint saw 



Allan Brack, and afte rw ards Allao Bfcdt and 
Alhm Cameron together at a know $ and that, 
how soon the deponent went up to the two, 
Allan Cameron went back, and the deponent 
proceeded with Allan Breck down the nountiTt 
about 6 miles, where be had occasion to on 
going about bis own business ; and parted with 
him at a place called Inching ; and, after he 
parted with the saki Allan Brack, be was ap- 
prehended by a gentleman called Alexaoder 
Campbell, who supposed the deponent to bo 
Alhm Breck Stewart ; and, having asksd the 
deponent, if he bad seen Allan Breck ? he then 
denied hb having seen him. Ileponaay that 
Allan Breck was, at this time, dressed in a hmg 
blue coat, and blue bonnet. Ccmia 9cieniim 
palet. And this is truth, as be shall answer la 
God ; and depones be cannot write. 

(Signed) Ja. Ferguson. 

AUan Oif Cameron, in Arlaiieh in Rannock, 
aged dS, widower, sworn, purged and examined 
ut tupra^ depones, tliat on Monday, he thinks 
tbe 18th of May last, Allan Breck Stewart, the 
deponent's nephew, came to the depone^^ 
hoose in Rannock, who having told tlie depo- 
nent, he had oome from Apptn or Olenoo* the 
deponent, who by that time bad heard a mmonr 
of Glenun's mnrder, said to the saki Allan, 
that ha doubted not be might .be suspected of 
it, aa he was a looee Mle man in the coontry; 
to which the said Allan answered, that he made 
no doobt hinMelf that he wooM be sonceted of 
it: and the deponent having pressed him ear- 
nestly to make a clean breast, and tell him all 
he knew of the metter, he declared with an 
oath, he had never seen Glenura, dead or alive ; 
and the said Allan having steyed with the depo- 
nent till the Wedncadav thereafter, the depo- 
nent fiwqnently repeated his instances, to tell 
him what he knew of the murder ; at which 
Allan Breek became angry ; and the deponent 
desisted further inquiry : that the said AHan 
Brack left the deponent's boose upon the Wed- 
nesday, whom the deponent conveyed Kttie 
mora than two gun-shote from his own hoose ; 
but Duncan Stewart, chapman, the | 



witness, who had come to the deponent'a hen 
that morning, went akmg with them ; and he 
saw tliem toke a little bve road through cerot 
which might have led tnem to the high roadi 
bot what road they afterwards took, he does not 
know : and depones, that at this time, Allaa 
Breek Stewart waa dressed in a big eoet of 
a brownish cohmr, and had under it a long Uoe 
coat lined with red, red waistcoat, and a bonnet ; 
that, upon the S4th of May, as the deponent 
thinks, haviiy occasion to go to his master sir 
Robert Menmes, when about 14 miles from hie 
own house, and at the side of a wood, he heard 
a whistle fi«m the wood, and loi>king ahovt, 
■aw it to be the said Allan Breck; and tbe 
conversation he then had with him, was to the 
following purpose: that Alhm Breck having 
toM him, his only fear waa to be apprehended^ 
by the military, which might prove very *Atal 
tohuDyafhebadbeoindeaerter} whwh M 



\ 



Jhr Murder, 

/, that He wat very sure, Ih^ 
^iks^il would procure him his 
«'r I be murderer; to 
(' I at they were althis 

tUDc ill Mici. t >B(ce, he h'as very sure, 

w«f* be «p^ ;, he wotiUl he hanged. 

Co&M irkrn/^or imttt, Aod thU is tnitb^aa 
lie tkftll •niwer to God. (Stgucd) 

Ja^ foLGVsos. A)XAN Cameron. 

Jstttt Afiff«» chdu^^e keeper at Inaerhaildeo, 
^fti 31, married^ swam, pur^fed and exa- 
' %t i^pra, by *he abore Mr. Archibald 
of SiriMcfieh), $v«oru iuterpreter, de- 
TUat Allan Breck Stewart came to the 
r of the dcpont'tirif bouse at InDerhadden, 
Itiwcf p4rt of rCuimocli, about tvtiJight, to- 
rdi 1^ 9nti of Alay last, and asked the de- 

roi^whowas: theu sUndJnif at his own door, 
'ii!(e f H^hich lite deponent an- 
ft« 'il then Allan fireck tohl him, 

IL I'd by John Stewart in Bohal- 

Iji rj lor some supply of provi- 

motrt riwl iMt: UejMineol desired him to come 
mtu kit bmat^ and that he would give htm part 
of fsdi fiif«&a he had ; but thut Allan fireck de- 
difttil to c^ome in, hfing in a hurry, and jitood 
Iq iiirMf of aofne ftnn t^ion ; vi hcrenpon the de- 
po^cot hmugfit him some bread and cheese, and 
^ |i(p sTire lirni liip K;*rti«-, conTcyt'd him a? 
I h i«l Athn Breck de- 

ih' < II ; and that he, the 

mii AlUa lirrck, inlend<?d to go Farther down 
tSi* 6«M«l/y tiial iii^^ht: that the srid Allan 
Brrck WIS <i reused in a great dun coat and 
ImooH; antj short hose; wliat clothes be had 
•Mkr llift great coat, he did not see ; that be 
sv alM»bt(T under his left arm : that he asked 
Imi wliciice f tme; but he did not tell 

htm* t>e|ior ' Tore Allan Breck came, 

m t^rv^ftii), ^ punted in that country, 

\imilm was i iti Glenure'K murder ; 

•finite h#^ !. Mr* led him at the time, 

M^cmti' in I t I wa^ wanting pro- 

( .r. ^ ^ itct. And this is 

a« be shuil answer to God. And Itirther 
Aspoo«« that he has been acquainted with 
AtUo Kn>di( these twelve ^ears. And this ii 
tkti iroUt. a» Up shall answer to God. 
^ * ' t.. (Signed) 

Ja?ae& Mas, 

Jjkm Cfom-fard, esq. lieutenant-colonel of 

piMTat r • ^ ' r : Ti'' - ,.d thirty 

Jivs, " viuumed 

•^A^r - ..^ ,>i.u,^ ^ .an [faper 

Hit ^i K'in^ Number 11 of the 

llttiilirrj, in the clerk'M hinds: 

Am « w'ss a. : him, before it was sent 

•War ni^i ^vhcther the deponent 

lt> Kon with the pan- 

%^\ r; he answers he 

^i& u.. )iny. And being 

•iA^4, <» < !oiin Campbell of 

ill inUl the (jrpooent, that Allan 

b' t waft A deserter, and in this conn- 
amenl lutiwert negatiVG. Cama 



A. D- 1752. 



[114 



teientim palet. And this is truth, as Ue shaU 
answer to God. (Signed J 

Akc^tll. JottN CEAwrciu>. 

Alexander Stemart of Inncrnahyle, ajjed 44 I 
years, married, sworn, purged and examined ul j 
supra^ depones, That the pannel was a (preal | 
cnany years aj^^o tenant to his brother Ardahiel 
in tiie farm of Glendnmr, and was removed | 
also several years ago, the deponent doesnoij 
remember how many, by his brother: that he j 
again became tenant in tlie same lands In 1749, i 
or perhaps 1748, and was again removed by th# j 
deceased Glenure, the factor, at Whitsunday 1 
1751, and the lands set to Mr. Campbell of I 
Ballieveolan. Depones, that, as I he pannel is | 
the deponent's near neighbour, the deponent ] 
had fre<]«eDt opportunities of conversing witli ] 
him touching bis said removal: that the pannel J 
did not expect to have been removed, ami ' 
seemed dissatisfied that he was ; and said, he ^ 
believed Glenure would not have removed him, , 
if Ballieveolan had not sought these lands from 
hiin. Depones, that the paonet further said^ 
that the tenants generally allowed some gra- i 
tuity to Ardshiel*s children ; and that these 
lands were the best farms on the estate, and ! 
mo*>t of the benelits accresced from them ; ami 
!hou;^h be himself could be provided of a farm ' 
elsewhere, yet the children would be depriveii ^ 
of that benefit. Depones, thai, about the end 
of April, or beginning of May last, the depo* 
Dent thinks about the beginnmg of Mavt he 
casually met on the highway with Allan Breck - 
Stewart, and quarrelled with him for not mak* 
ing him, the deponent, a visit; and Allan Breck 
Slev^art promised lo see the deponent before he. 
lef\ the country ; but the deponent has never 
seen him since that time. Depones, that, upoa 
the Saturday and Sumlay alter Glenure's mur- 
der, it was the general opinion of the people in 
the country, that he had been murdered bj 
Allan Breck Stewart. Depones, that the 
place where Glenure was said to be murdered, 
and where the deponent observed marks and 
BVmptoiiiS of ihe murder, is a very bad road 
through a wood, interspersed with rocks and 
slooes upoa a hanging brae, from which a per- 
son may descry the road on the north side of 
the terry of Ballachellsh, and where a person 
may easily conceal himself, jty as not to be 
seen from the road. Depones, that the de- 
ponent is acquainted with the hand- writing of 
Allan Slewart, son to ihe pannel, and has Ire- 
quently seen liim write. And being ?4hewn a let* 
tcr sijjncd Allan Slewnrt,und addressed to Dun- 
can Stewart of Glenburkie, dated at Aucharn the 
1st of April 1751, being the writing Number 7, in 
the inventory of writings subjoined to tlie liliel, 
depones, that it is like A I Ion Stewart*s hand- 
writing, and the deponent would take it to be 
his, but cannot be positive that it is his. De- 
pones, that after the atloioder of Stewart of 
Ardshiel, the factor gave the j>annel the oppor- 
tunity of having the greatest mfluence with the 
tenants of jlrd^hii^l nmre than any other per- 
son, by allowing the |i«inufl to set the lands, 

I 



115] 25 GEORGE II. 

which heconkinucd dowa to Wliitsunday 17M, 
if not at that term also ; but de|ione8, that th« 
pannerii connection with the family of AnUhiel 
gaFe him also a natural influence over the 
tenants, e?en liefbre Glenure's factory. De- 
pones, that) before that lime, the tenants, the 
deponent belicTes, paid iheir rent to the lady of 
Anlshiel, and she ag^ain employed the pannel 
to deal with them. And being mterrog^te for 
the pannel whether he, the pannel, remo?ed 
Toluntarily from Olenduror without any wam- 
iag ? depbnes, that he did not hear of 
any warning, but that he removed Tolunta- 
rily. Depones, that Allan Breck Stewart, 
as the deponent has been informed, was a 
soldier in the kingN army, and was taken 
prisoner by the rebels at the battle of Preston ; 
and tliat he was told so by a man who took him 
from among the prisoners. And depones, that 
' he af\erwanla joined with the rebels, where the 
deiMment saw him. Denones, that, afler the 
battle of Culloden, he left this country, aud.-aa 
lie told the deponent, went o?er to France, and 
entered into the French king's serf ice. De- 
pones, that the deponent had no occasion of 
^ing Allan Breclc Stewart last time he was 
in the country,' but at the time before de- 

Kned upon, and one time before that; and 
th these times he was dressed in a blue 
k>ng coat, a red vest, and a feathered bat, 
and' black breeches. De|M>nes, that he re- 
Ihembers that AUan Breck Stewart came over 
to this country a year or two ago, and stayed 
9ome weeks among his friends ; but neither at 
that time, nor the last time, did he seem, so 
far as the deponent observed, to be in any 
apprehension of being taken ; only, as he had 
been once' in the army, he did not chuse to meet 
with any of the king's troops. Depones, that, 
at the time the pnnnel removed from Glendu- 
ror, he told the deponent, that he had had a 
meeting with Ballieveulan ; and that there was 
a compromise betwixt them, but does not re- 
member the particulars. Causa tcicntia paUt. 
And this is truth, as he shall answer to God. 

P. Grant. Alex. Stewart. 

Donuld Campbell of Airds, aged 47 years, 
marrieil, sworn, purged and examined ui tupra^ 
depones, That the pannel was employcil by 
the deceased Glcnure for some time as his sul!- 
factor in levying the rents of Ardshiel, and 
setting the lands ; and the pannel told the de- 
ponent, that whatever was made of these rents 
over what was paid into the exchequer, was 
accounted for to the children of Ardshiel: 
and when he removed from Gleuduror, he 
told the deponent that he had reason to believe; 
that the said excrescence of the rents of that 
farm would still be accounted for to them ; and, 
in that case, he would be easy as to his own re- 
moval. And depones, that Ardshiel's chil- 
dren, at the time of the rebellion, were all 
young; his eldest son being now, as the depo- 
nent believes, about eighteen. Depones, that, 
in spring last, the deponent had a letter from 



Trial fifj4i}ne$ Stewartt 



[116 



colonel Grawfurd, telling him that he heard 
Allan Breek Stewart was coine to thecoootry, 
ami inlislingmen for the French king's service, 
and desired the deponent to inquire if it was ao : 
that the de|>onent did inquire, and wrote the 
colonel lor answer, that he beard he had been 
in the country, but that he was then gone 
awav : that this was in the month of April, to 
tlie best of the deponent's remembrance; and it 
seems about, that time, Allan Breck Stewart had 
gone to Rannoch, which gave occasion to the 
dei)onent's being informed that he was gone 
away; and did not hear of his having re- 
turned to the country till after Glenure't 
murder; and thinks he wrote also to colond 
Crawfurd, according to the information he had 
got, that Allan Breck Stewart was in use of 
coming every Tear to tlie country, since Ard- 
shiel went to France. Depones, that, upon 
the afternoon of Monday the 11th of May laat, 
the de|H>nent sent to the pannel, desiring him 
to come to him to Keills, a farm belonging to 
the deponent, at about a mile's distance mm 
the pannel's house: that the panael accord- 
ingly came there to him that afternoon, m 
soon as he expected him : that the deponent's 
business with him was for his assistance in 
setting that farm : that the farm was accord- 
ingly set ; and the pannel himself took part of 
it, and conveyed the deponent a part of his 
way home ; and then they parted : that, be- 
fore parting, he desired the pannel to go neit 
mornmg to Appin's house: that the pannel 
accordingly did so ; and the deponent had a 
letter from him, from that place.* Causa 
sclent ia pa let. And this is truth, as he shall 
answer to God. (Signed) 

V, GuANT. Donald Campbell. 

* ** It may be proper to acquaint the reader, 
that when Mr. Miller, one of the pannel's 
lawyers, desired that the deponing witness (Mr, 
Campbdi of Airds) might be interrogated, as 
to the pannel's moral character in the country ; 
and particularly, whether or nut he was a God- 
fearing man, and generally employed in takiaff 
care of the aflairs of widows and orphans r 
the lord justice- general was pleased to oppose 
the interrogatory, saying words to this imrpose. 
Would you ])retend. Sir, to prove the moral 
character of the pannel, after being guilty of 
rebellion ; a crime that coniprehends almost 
all other crimes ? Here you will find treasons, 
nuinlerH, rapines, oppressions, perjuries, &eo. 
To which the !a%vyer answere«l. That he ab- 
hurrcfl rebellion as much as any person what- 
e>cr; but, with great submission, he was in- 
titled to plead for the pannel, that it was 
foreign to the present case, since the king hsd 
been pL-ased o grant an indemnity, in which 
the pannel was comprehended : and therefore 
could legally interrogate the witnesses, as to 

I the panuePs moral character. This waa never 
refused, added he. To give 'an instance. — ^Tbe 
famous Collins was a rebel to his God and 
Saviour, as his writings testify : yet his most 
zealous enemies never refused bis morel cli«- 

I 



1 17] ^^m- for Murder. 

C^mrkt Sifrngri^ writer iud naUr at Btn- 
]S^ %i*vjv.^ married, K worn t purged 
Ituuniocij I, tlepooes, That Jarncs 

lli« iJ4!..-. lotu n letter to the depo- 
W^lrn^ him la go with the tenants of 
I of Ardshiel, to InthaAtL' to G tenure 
m sal tn & bdi of »iiS{>t;nsion : that accordiog^ly 
lli« 49pmmi xvent to Aucharu that night ; and 
lliaMzlaMif'- '^tiaiils came there; and 

hm ^bm »• ^ with the tenants to 

GlaiiTii** liiitu*£, and there intimated the siist ; 
] A praicti ^a^ alsa taken against the said 
K U>a thf$ was on the HI of May. 
■y that the panuel told the tenanta al 
i^m botiite, that there was a sist come 
TviaOf iog ; ttiat he did n<»t desire them 
vvitti fh^- -i-i uDlesA they had a mind 
lf«i ; w ohoae lo ^o ; but the 

cL i : H ifo along. Dispones, 
Im t«CMf«d a fiecoud letter from the pan- 
I «f daltdie Hth of May, desiring' hiin to 
Bl day at the ejection ; hut that he 
iIm laiiie, because lie did not care to 
Oliimre. , Depones, tliat be saw 
iitawari at Aucharn the Ist of 
irbeci the deponent left Aucharn 
, lUjr* Ik Icll him there r that be heard 
"lick ^ V Mic thought it bard that 
ilic«i: the tenants upon the 

of Ani*uici » w Uen be did not remove 
^ Mamaiw* Dcponi'S^ that^ in the he- 
Hi* 4»\nl t'lfini^ met 41lan Breck 
'cjionent^ that he heard 
; nj was endeavouring to 
%tkm Inm op ac a d«atfter ; hut that be, Allan 
lli«cfc« liAai surrt ndar64 himself in 1746 to sir 
M^Kft Jlfo^ira, as a justice of peace. De- 



iM*a n. 



^ I- 



I9 \m cxiretuely ffood« — ^The clerk how* 
i to mark any thintp said by the 
^ to itie (*oodi}es4 ot the pan- 
cter. — Tbfi iloctrine wiiich 
i;"»rt, Rprinjfs from the 
H^; which regnnfi a 
, ,.w.iciplea as a moiuiter in 
mry wmocet. But, thank God! the exjjc- 
iSaBCtof Late viMiK hiH banished it from hfe: 
Hririllilic ' I, without a mixture of 

My ami iti i that it has once tnore 

m i ti Ui lirdd in so iMdemn a place, 

iMooi^ iiit »ii ii€:cH»iott. Sorely his 

net e»uU iiavc recoUet ted iofitauces, per- 
mit fO lite ctit?t<* of hi« own act^uaintancej^, if 
•HiiMitt^ bi' N, whert^ t^litical prin* 

flflfli, «f a • furmeiU^ arc no bar 

lilreil a«d r listhbuiion ol 

«IM,H wil I, that moral 

iloitfliti »* 1 ^.Miit.i — [lemnrkable 

*•• Um rvlJ: :Ue poor pannet himself 

i^iysHnaiig^ ,,.. ., uj; whoaaid tohm igetit, 
^^ It b ftll Oivr miw ; my lawyers n«red give 
'IhraHilitci aa furthfr truublo about uie : my 
'ikMH if a* ceftmm at li* it were pronrnmred. 
^lahtmjs dnniM ihia plaiM', and the iullueuce 
*ll«l pfvvaiia m ii » but thia ouuloat all. God 
" v^kiflw'" Soppleiiient^^c, 
• Ntfia til f* 93 • of ihi» Voiume. 



A,D. n5«. [118 

ponet, thai in the be^naing of April, the de* 
ponenl saw AUao Breck Siewart at Callart: 
that be did not apnear to be tkulking: that] 
%vbcn be aaw him tirst, he was dressed in t^ 
French babit: that on the UX day of Mayi^J 
when he saw him at Aucbnni, be wah in A I 
short black higiiUnd cont wUh white butt ouf 
rtnd tri»wsers» and said be bad come frot« 1 
lUnooch. Causa $ci€ntta patet. And thiaiij 
truth as he shall answer to God, 
(Signed) 
Argyll, Cuahlcb Stewart. 

Duncan AlnccoU in Ardshiel, aged SO yMiV | 
and upwards, married, being sworn, purged 1 
and examined ut supra, by Mr, Alexonder ^ 
Catnpbell, minister at Inverary, sworn inter- \ 
preter, deponi';;, That on his und others bt-in^ 
waroeil to remove from the lands of Ardsbiel, 
as at Whitsunday last, he, for his part, bad n^' ^ 
intention other th»u to submit to the warning^ ' 
till a paper was procured from £dinburghy I 
which he heard read by Charles Stewart, notar 1 
at Aucharn, as on a &Ay be was there, bein^ ^ 
along wiili hia neighboui-s adrprtited to meet ^ 
there: that, when the notice was given tor! 
this meeting, he was not at bis own houses 
but, on his return, bis wife told him such t 
message was tent, and that advice was eom« 1 
from Edinburgh to direct those who wer« { 
warned to remove, to continue in their uostaesv • 
sion: that on his coming to Aucbarn, he doe« 
not remember whether the ptiper wa^ read iq 
bis presence, but is positive he and bis neigh- 
boirr» were told by Cbailes Stewart, notar, and 
the pannel, that the paper contained advice, ai 
above, on which they shouhl go lo ask the 
liinds from Gtetiure ; arid to be cautious iu their < 
conduct, as ihey were to swear about their 
hemg faithful and peaoeaMe tenants. De* * 
j»ones, ibnt he gave no allowance or mamtate J 
to tiie pannet to make any appUcation at £dm- 
burgh against the removing; that, befoi^e be 
liestrd Hay ihing of this pafier from Edhiburgh| 
he had cn^u;;ed to serve as bouman* lo tite 

''^ ^^ A txMirii.in is a kiiid of tenant or servant 
(not a herd) in the Highlands ot Scotland, that 
\s pIscH i»fK>n a grass room or farm, with a 
stocking of c«ttle, he, from the mai^ter; nod 
1% accountalde to him for ttte value of the ^nd 
stocking, and the pruduc*^ of it, at the yearly 
rate of such a number of calveit, kids, latnh:^^ 
stones of cheese, butter, ^c. He i^ always a, 
man of substance, and able to maintnin hit< fii> 
imily well J th»l is ihnt *'mphiyetL" Supple* 
iiienl to the Trial ol Jam^s Stewart. ,* j 

The kindness of Mr. Walter Scott has far> 
fiished me v^ith the following noore fuM and ex- 
act account of the boumnn or bowman : 

" The [Kvverty of the yeominry and peasaoti 
of Scotland introduced a imide of ciillivaiiitf 
the luod, now fortunutely only known mi our 
law books; wIil-u the bndloid foiDishtxl tbt 
tenant with the iiapltments ol husbandry, Ibf 
cattle for labour, the eeed coro, and itiUer alook 



119] 25 GEORGE U. 

tenants Glenure was to introduce; but tliat, on 
hearinir of the paper from Edinburyfb, he pre- 
terret! keeping bj bis nei^bboura, as he con- 
sidered the beings continued in possession, did 
the law support him in it, more henettcial to 
him. Depones, that the procurini;^ the paper 
at Edinburgh cost him no money. Cauta 
icientia patet. And this is- truth, as he shall 
answer to God. And, being interro^te for 
the panopl, depones, that' it was in company 
vith the rest of his neighbours, he went to 
Aucharn, and went along with them likewise 
in company from Aucharn to Glenure, along 
with the notar; and that he remembers, be- 
fore they lefl Aucharn, thepannel, in general, 

necessarjr to curry on the farm, the tenant only 
contributing his labour ; the prottuce or return 
being dirided between them. This species of 
location was called by the name of stcil-hawt 
for which ▼arious etymologies have been as- 
signed. Something of this kind subsisted to a 
late date in the Highlands, where a cottager 
unable to purchase a cow or horse to stock his 
croft, was furnished with one by the landlord 
on condition of sharing in profit. These were 
called by the old word bowmen ; and such a 
person seems to hare been the bowman of Kil- 
fisnacoan in the trial of James Stewart." [See 
the deposition of Alexander Stewart the pack- 
man, in/ra.] 

With Mr. Scott agrees Dr. Adam Smith, 
who, speaking of the metayers of France, de- 
scribes them as Mr. Scott describes the bow- 
men, and says, ** that at the time in which he 
wrote, a like sort of tenants still subsisted in 
some districts of Scotland, where they were 
called steel-bow tenants." See Wealth of Na- 
tions, Tol. 8, "book 2, c. 3, pp. 90, et seq. 

In Jamieson I find not either of the words 
boiiman, bowman, or steil-bow, but be inserts 
Steelbow goods, which he defines thus: *< Those 
goods on a farm which may not be carried off 
by a removing tenant as being the property of 
the landlord." 

And the first authority which he cites is the 
following : ** Till towards thu be;;inuing of this 
century, landlords, the belter to enable their 
tenants to cultivate and sow their farms, fre- 
quently deUvered to them at their entry corns, 
straw, cattle, or instruments of tillase, which 
got the name of steelbow goods, under condi- 
tion that the like in quantity and quality should 
be redelivered by the tenants at the expiration 
of the lease." Erskine-s lustit. book 2, t. 6, 
§ 12. 

But Mr. Waller Scott farther informs me, 
that in the Highlands a common herd, who 
takes care for numerous owners of their beasts 
feeding on extensive unenclosed pastures, is 
denommated the bouman ; and qu. if that be 
not in this place the meaning of tlic word. See 
the phrMe 'tenre as boanwn to the tcnantt.* 
repeated in the foliowiog dcpoolMW of Mtc- 



Trial of James Stemart^ 



[120 



told them, they might follow the advice gifen 
them, or not, as they should see cause ; and 
that, upon their arrival at Glenure, all that be 
remembers was, th'at they took protests with 
money in the notar's hands, against Oleoare. 
And this is also tnith, as he shall answer to 



God. 
Ja. Fbrouson. 



(Signed) 

Alex. Campbell. 



John Maccombick in Ardshiel, aged 43 yean, 
married, sworn, purged and examined ut fuprm^ 
by the above Mr. Alexander Campbell, swoni 
interpreter, depones. That he was warned wiA 
the rest of the tenants to remove, at at last 
Whitsunday, and meant to submit to h, and 
therefore agreed with the tenants to be intro- 
duced to serve them as bouman ; bat on his 
being called to Aucharn, by a messaffe in 
Charles Stewart the notary's name, and bear- 
ing the advice from Edinburgh explained 
there, and that there were some hopes the 
government would allow them to sit still, if 
they continued peaceable, he chused to keep 
by this chance with his neighbours; apoB 
which he went along with them to Glenure, 
and asked to be continued ; and got for answer, 
that the application was too late, the lands be- 
ing set to others ; upon which he joined with 
his neighbours in takmg a protest in the handi 
of the notary. Depones, that, as to the agree- 
ment betwixt him and the incoming tenanti, 
when he undertook to lie their bouman, he 
heard both Glenure and these tenants say, that 
it was by Glenure's advice that this was done. 
Depones, that, as Duncan MaccoU and he 
agmd at the same time to be bouman lo the 
incoming lenante, so he heard Glenore my, 
that it was his advice to the person who was to 
employ Duncan MaccoU, to take him as hie 
bouman. Depones, that, on his being wanh* 
ed, he advised with the paonel how to behave ; 
that he did not pretend to direct : that an ad- 
vice in law should be asked : that he hoped 
the king, and those employed by him, woohl 
continue the former possessors, they behaving 
dutifully ; and that, on his being advised by 
the pannel to have patience, he resolved to 
wait the issue : that likewise the pannel ad- 
vised him, if better could not be made of it, lo 
endeavour to gel a sub- set from the incominf 
tenant; and tliat thepannel advised him, and 
others concerned, to qualify to the government. 
Depones, that he told the pannel, that if the 
law countenanced the continuing them in their 
possession, he would rather chuse it. Depones, 
that, on the day he and his neighbours went to 
Glenure, the pannel left them to the freedom 
of their own choice, whether to follow the 
purpose of the advice from Edinburgh, or not ; 
only it was his opinion, that they had a chance 
of being continued in their possessions, they 
behaving themselves in all respects dutifully, 
and go and ask the lantlsof Gleuure. Defioncs, 
that he does not remember that the advie« 
from Edinhurvh cost him any money, or that 
any was asked of him ; bat that some aocounttf 
wen at that tint bctwix bin and the puBd. 



J6f Murder^ 
ODM, Ih&t be tonttniied wtlh the rest of 





tenaols about the jiannel, till ihey were 
by bim to lea^e him^ as be could 
of bimselK, aad ii as to gt» home : 
he does Dot remember to hare lieani 
i*i name meutioned alt the vvbile ; am J 
tliis happened on occasian of Gleuure 
mnd tk9 pani]er*( meeting at Riotalline : lliat 
lie if ant posiiif e as to the time, but ihinka it 
wif Ibe last night of the old 5 ear. Depones^ 
tlNl be heard Glen 11 re went next day to the 
|iaoei*a lioiu»e,aod ilined there. Causn sci- 
nti^poiti. And Ibis isi truth as be shall an- 
•wer Co God. (Signed) 

B.GviATrt, AtEx. Campbell, 

JoIa Maccorquodale^ late in Letter mo re, 

BO* in BaHachedsbf a^efl 20 and upwanisi 

mimed, sworn, |>iirged and examined ni »upru, 

ly the siaid Mr. Alexaader Cam|ibd), s^'orn 

iul«rpreter, depones. Thai the Last night of De- 

ceiaber b^t, he was |iiftient ni Kintalliiie, a^ 

GUaure and the panuel, wiih some 01 her com* 

Dtnv, met ; when, Hfter drinking a while, from 

load fiords it was apprc^li ended a r|uurreL 11 ould 

«nme ; to prerenl which, the depoDifot with 

Mme oiber«, carried out the |iant)el, who seem* 

cdiiowilhug to part wiih Glenure, n» he ex- 

pecM Glenure Houhl go that niglit to his 

Imtff: that the deponent beard ihai Gleaiire, 

iWigli he dechned in ^o with the {launellhat 

mgM, vet he proposed to breakfast with hini 

%txi morning : I hat tlie depotit* nl was in com- 

pAoy with the panivel, and loltowed him at 

iime diitance from the bougie of Kintalline ; 

•0(1 that slW the white he w^ in the panDefs 

cuiapaay, he bi^ard nothing of Glenure; only 

Ibe |)tQnel was ihsohJiged at being separated 

(t<m bim, and said, tjiat if they about him 

hid Iff pi off, Glenure and be would be good 

Tricridi Uffure they would [*art* Depones, 

dm, when he was warned, and conse^^uentiy 

lib to want lands, he was talking of bis situa- 

ti<uito the pannel, being poor, and, in his own 

tppfeheoMOii, unable tu hear the expence of a 

ItWfuit, did not propose to follow the matter 

iQ Ibtl way : that being asked a sight of the 

wimingt he gave it to ihe pannel, but did not 

imn any advice in law should be asked ntiout 

•li hivintf some dependence on his innocence, 

wd t»'4 l»€Jog concerned in any of the ti'i>ubles 

•■tbal country. And being iiilerro^fate tor the 

fittutl, wli ether the pannel had ail vised him, 

^kdepooeoi, to eiii^aife as bouman in Leiler- 

^^^tol, if lie Iter could not be provided for him, 

^^niei negative. Cuusa scientta: patet. And 

vk truth as be shall answer to Gud. 

(Signed) 

r.GjuLjsr. Alex. Campbell. 

Evun Mucin tyre tn Ducbelly, late herd in 
Olenduror, aged QO years and upwards, itn- 
AvntKlt awnrn, purged and examined ut ii/pro, 
•y Wr. Archiliald Campbell of Stonetield, 
99t)m interpreter, deponeK^ That he engaged to 
fct herd 10 Mr, Campbell of Balheveolan, in 
Ike faroi of Gleuduror, for the year 1751 ; and 
Hut tbe day after be entered into bii service 



A. D. 1152. 



there, the paotiel challenged bim for accepting 
thereof, ami told htm» that he would be fit- 
aides* with him, sooner or later, for douig it ; 
and that if he did not meet with resentment 
himself in his life-time^ others^ such aa his 
friends^ niight meet with it after his death. 
Depones, he nefer was in the pannel 'S service. 
CaUBo scieniitt patet. And this is truth, as fa« 
shall answer to God; and depones he eaonot 
write. (Signed) 

AftOfXL. Aacu. Campoell, 

Alexander Camphtll in Tynaluih, aged fifty 
years, married, sworn, purged aod examined 
ut snprdf depones, That, iu the end of April 
last, the pannel called at the deponent^s bouse 
in the luorniug, to have bis horse corned ; and 
baring called for, and got a dram, which wa* 
afterwards set down upon the table, one Mac- 
laren, a merchant in Stirling, who l»ad lodged 
with the deponent the night before, l»eiog pre- 
sent, asked the pannel, if he would not help 
the deponent to a dram? And the pannel au- 
swered, be did not know any thing thai be 
would help the deponent or any of his nameto, 
if it wa^ not tu the gibbet. The deponent an« 
awpred, that that was not a comfbrtabit expres- 
fiion to liim. that it seems if any of them were 
al I he gibbet, the pannel would draw dm«it 
their feet ; und the pannel replied, that of some 
of thf-m he wonhl, and some of them he would 
nut ; tbat then (he deponent said, that Glenure, 
as he supposed, waK the man of the nnme with 
whom the pannel had the greatest quarrel, and 
the deponent did not knov% any good cau^e the 
pannel bad tof it: upon which the pan net an- 
swered, That if Glenure tiad used the d^po^ 
nent as ill as he had used him, ibe ^auoel, by 
turniniiT li\m out of his nossessiou, he would 
bare no lens quarrel with him than he bad : 
and the deponent replieil, That that was 00 
just cause of quarrel ; for that li (he pauuel bad 
a tack of bis farm, Glenure could not turn bim 
out ; aud the deputient*s wife was also present 
at this conversation. And being mterrogate 
for the pannel, whether the de|iouent then 
thought him serious, and in earnest, or that it 
\» as only a Joke ? depones, thai, at that tinier 
he thought it proceeded from malice. And 
being further interrogate for the pannel, de- 
poneij, he was at that time ]>erfeclly sober. 
Depones, that all they drank was a gill of 
aquavira;, of which the deponent got a p4irl. 
Causa icientiic palet. And this h trulh, as be 
shall answer to God. (Signed) 

P, Grant. Allx. Campbell* 

Ewan Murray^ vintner, at wei^t end of Loch* 
earn, aged thirty-four years, married, sworn, 
purgpil and examined ut supra^ depones, That, 
in April la«it, the pannel and Colin Maclaren, 
merchant in Stirling, came to the deponent*» 
Imtise, and the [lannel tidd ttie deponent, that 
Glenure had warneil away several families ia 

* I believe the otdiuary expression 11 to be 
upiidet wUh. Both seem to correspond wttb 
the Engtisb rulgar phrase of 6ctii^ evtn with^ 



189] 25 GEORGE 11. 

Ardflliiers estate to remo? e ; and that be was 
inruriuedy that none of Uie factors on the for^ 
feited estates had power to remove the teoants ; 
and that he was going to Edinburgh to take 
adfice of lawyers about it; and, if he had not 
that power, that the paond would apply for 
suspension in his own name, and in name of the 
rest of the tenants; and, the oonfersation 
turning upon an officer of the army, that was 
branded with cowardice, and had been broke on 
that account, the pannel said, that he had rea- 
son to say that Glenure was as great a coward 
as that officer; for that be, the pannel, had 
challenged him to fight him, which Glenure 
declined; and desired the deponent to tell 
Glenure, that he had told him so ; but the de- 
ponent answered, That he would not carry any 
aucli message from one gentleman to another ; 
and, from theoonrersation, the deponent under- 
stood, that the arms with wbicii the pannel 
had challenged Glenure to fight, was with 
pistols. And being interrogate Tor tbe pannel, 
depones, that he thought the pannel was a 
little concerned with drink. Cauta tcientia 
p€tet. And this is truth, as he shall answer to 
God. (Signed) 

P. Grant. Ewan Murray. 

GoHn Maclaren^ merchant in Stirling, aged 
twenty-two years, unmarried, sworn, purged 
and examined ut iupra^ depones. That, in the 
month of April last, the deponent happened to 
lodge in the house of Alexander Campbell in 
Tynaluib a niffht, and in the morning about 
nine o'clock the pannel alighted there; and 
hating breakfasted and got a dram, the depo- 
nent understanding that the pannel was going 
the sanoe road wiUi him towards Stirling, de- 
aired the pajinel to gire the landlord a draoo, 
that they might go ou their journey ; that the 
pannel answered. That he did not think he 
■boold help the landlord, or any of his name, 
to a dram, or any thing else, if it was not to 
the gibbet : that be had mentioned to the land- 
lord, that Glenure had warned him to remove 
from bis possession in Ardshiel ; therefore the 
landkMd answered, that it seemed, if they were 
on the pbbet, the pannel would draw down 
their ftitt ; and he supposed it was on Glenure's 
account; to which the pannel answereil, he 
ceuM not sav but it was ; upon which the pan- 
nel and landlord entered into an altercation to- 
gether touching the justice of that remo? ine ; 
and, as tbe deponent had no concern in the 
matter, be took little notice to what passed. 
Depones, that, upon the landlord's using the 
above expression, that, if they were on the 

S'bbet, the pannel would draw down their feet, 
e nannel's answer was in these words. That 
he did not chose to be an executioner,, but he 
could draw down some of them. Depones, 
that from Tynalnib the pamiel and deponent 
proceeded on their journey , and about eleven 
o'elook, or osid-day, came to tbe iMNise of 
Etrao Mumy, the pracediiig witnesa: that 
tlMre tbe panDel again oompUmed of Glannre'e 
raneffaisrhini tdd Uaa, il wm; Mt Cwp- 



Trial qfJamet Stevoartf 



[IS* 



bell tliat was to succeed in his room*: that be 
did not know . any reason lor G tenure's using 
him so, for that they were cousins : and, upoq 
the deponent's saying, that possibly it wasJKMie 
of Glenure's fault, and that he cuukl not bdf 
it, tlie pannel said, he did not know any busi- 
ness that either the exchequer or the TactM 
had to turn out tenants, while they paiik tbttir 
rent ; and said, that he waa going to Efdinborgb 
to get a suspension of the decreet of remof ins^ 
Depones, that, having left Ewan Murrajri 
bouse together, and tbe said Ev^an in coanpany 
with them, the conversatiou turned upon af 
officer in tbe army, who had been broke ftr 
cowardice ; and the de|>onent said, be was sur- 
prised with it ; for that that officer, as the de* 
ponent besrd, had not declined to accept of a 
challenge to fight from Glenure ; that tbtre- 
upon the pannel said, that be esteemed Ibit 
officer a better man than Glenure : and Ewaa 
Murray having contradicted bis being so good 
a man as Glenure, the pannel said, thai he 
knew the contrary ; for that he himself had 

S'ven Glenure s challenge to fight him, which 
lenure declined ; and ilesireil Ewan Mumy 
to tell Glenure, that he would fi<sbt him whcfl 
he wouM ; but Ewan Murray declined le 
carry such a messsge. Depones, that, afWr 
parting with Ewan Murray, in tbecooraeef 
their journey the deponent found that the re- 
moving was much at the pannel 's heart ; and 
the deponent endeavoured all he could to divert 
the conversation to another subject: that the 
pannel told him, that, if he failed in his aw- 

Emsion at Edinburgh, he would carry it to the 
ritish parTiament; and, if he foiled there;^ 
told him, after a IttUe pause, and with an eoH 
phasis, that he behoved to take the only other 
remedy that remained. And being interrogate 
for tbe pannel, depones, that, dunng the con- 
versation in CampbeH's house, above deponed 
upon, the deponent at first thought that tbe 
pannel had been in joke ; but afterwards it was 
like to become very serious ; for the landlord 
and he came to pretty high words together: 
and being further interrogate for the pannel, 
depones, that he did not think the pannd 
dniok, either in Campbeirs house, or in Ewan 
Murray's house ; but, after leaving Murray's 
house, they drank two or three drams at a 
dram- house; and after that the deponent 
thought him much concerned with liquor; and 
it was after taking these drams that the conversa- 
tion between Murray and the pannel, with re- 
spect to challenging Glenure, happened. And 
depones, that they had rode several miles to^pe- 
ther, befbre the conversation about ihe British 
parliament ; and the deponent thouc^ht liiiii even 
tlien still concerned with drink. Cauta scieit- 
tia patet. And ibis is truth, as lie shall an- 
swer to GihI. (Signed) 

P. GsANT. Colin >1aclak£n. 

John More MaecoU^ late servant to the paar. 
nd, aipsd thirty-seven, married, witness citedp 
sokmoly sworn, purged and examined byUin 
•bof e-oanidi tlepoBci, Tha^ 



fd/r Murder* 

presefit at a oonversation that liajipened 

tUe paniiel, Jobo Beg and Dui^td Mac- 

serrants to the pntinel, in lli€ pau- 

wiioiiae ftt Aucham^ ij«fm-e dfty-lig:hl 

tQoriiitig'4 abotit Yule last^ as the deiH>- 

l remefiil>er«: that llie deponent was 

i^ employed tti rlifitilling' the second draught 

' ^ brcwmi*' of a4)UafitGc; and the pantiel 

deponeot to ^^Itq lilm and the peo- 

a dram, ivhich the tte)iotieDt dtd : 

pauiit'l said, Glenure wmild not tnke 

from the tenants of* Aucharn, part of 

isliiel estate, because they had flfi?eii the 

•orne bear, which Glenure alledi^ed they 

to imve paid him ' that the paniiel com- 

it was hard to refute the rent in money 

the tenants in a scaree year ; and oh- 

•erTfil, that it would be of no great cotiseqaenfe 

to faim^ the panne], though be should pay hack 

tbe bear, in comparison to what it would be !*» 

(helenanta for »suhse<pient years, in ca*ie ihey 

Wfr« nb)i}^^ to pay their larm bear ami meat ; 

Ia4 said, the tenants or comnioners were hkely 

Ivkferv Mi off; for if Glenure went on m the 

Hjbctneu did, rt was likely he woufd be laird 

of Appin in a very short tirae ; and that he 

knew once a set of commoners in Appin, who 

taotd not attow Glenure to go on at tucb a 

rate: to which the deponent and the rest an- 

iwered, that they knew no comtu^iti'TS in the 

OflfQDtry that could strive or contend wilh Gle^ 

Mre in tbat manner. Depones, that he had 

w coh versa tion wiib the said John or Duffald 

Miccolh that day, nor any time therearier, 

tboot the inn port of the above commoninif. 

l>f|Mmcs, that in seeil-time last, when tbty 

went harrowing' the tath- field in A uch am, beings 

tW Tery d^y that James J^ewart went for 

£4iabaiYh, Allan Breck Stewart cikttie to the 

depftaept, andtlie latd Dug^ald Maccoll, a^ they 

iHfe yoking^ the horses; and the deponent, 

biriog asked him some questions about France, 

ttid, he did not tee any of the people that went 

flTcr I here, come back in so trofid a way as they 

went Of er: to which Allan Breck replied^ that 

dny came back belter thau iliey went ; and 

tliU tbey, meaning^ the people of Appin, iiMifht 

Worich belter, if they wer^ \vnrtb themselves: 

Ipiaihe defionent^s answering', that he did not 

•« bow that coo Id happen, Allan Breck an- 

"•tfwl, if they, the commoners, were worth 

^wiaekes, lliey could keep out Glenure, and 

^Iftlpf htrr^ Prom oppressinjj llicm ; iiW which 

^^^^^, Itl not be bauish[*il from their 

^^^p' 'Hm«; and, upon the deponent's 

^^»»inuj^, lie did not «ipe how any l>o*ly could 

i prrtfud Kt strive or srtrij;fule with Glenure in 

Lj|lt^v %,. had the tuwa uf ihr^ Iwint; »nd 

HBn'- li, and nobody to supp^^^t or lake 

■^fe Wy ii!c nftnd, after their so doinj^ ; Allan 

ftiH, he had it in his power to save or protect 

wijp body that would put Gletiure from tramp- 

fioff upon the country in the manner he then 

wiT And, being interrogate for the pannel, 

•bitdre«tthe ^aid Allan Brerk used to wear, 

wImsi be taw bim at Ancharn ? depones, that 

hi!wi}F8 9BW bitn wear a blue side coat, red 



A-D. ITS?. 



[las 



waistcoat^ and black breeches, with ai hat and 
feather, except twice that he saw him in a 
black short coat, wilh white metal buttoof. 
The first lime he saw him wilh the aaid sboit 
coat, was, when the pannel was at EdinburgU ; 
and the said Allan Breck told, he was 43:uing to 
Rannocli, and aciually went away, and atayed 
several tlays ; and the other was upon Monday 
the 11th day of May last, when he saw the 
said Allan Breck come to Aucharn dreased in his 
long clothes^ and came directly where the pan- 
nel, Allan his son, John Beg iVlaccoll, and the 
deponent, 1% ere covering potatoes: that, when 
Allan C4ime up, they were reiting- Ihemseltesj 
and silttti|i^ by one another: that Allan Breck 
sat with tlieiu; and all the conversation that 
the deponent houcimI wae, some questions aU>iit 
the welfare of the people of Glencrearan : and 
thai he did not observe the pannel have any 
private couversrttion with the said Allan Breck ; 
Ibr that, a very Uule time after A lUo Breek't 
arrival, the part opI had a message to meet Mr, 
Campbiftl of AirdK at Keel ; and that thii 
liappiiDed after mid-duy : that the pannel im. 
mediately, upon reiTeirim? the above niei$sag<^y 
went away in order to meet Airds : and that no- 
body went aloni^ wilh the pannel, Atlan Breck 
hav'irij^ stayed with lliem : ihal a little ttiereafler, 
the dc'poneiit, Allan Stewart ihe panuersson,«]tl 
John Be^ Maccoll, went to cover potatoes at s 
Ifreater distance from the pannel's house ; that 
Allan Breck stayed behind ; and, some time 
thereafter, Allan Breck came where they were 
workio{T, dressed io a black short coat wilh 
white tnetal buttons and black breeches, and 
wrought with them in covering' potatoes. De- 
ponesi, that the deponent came very early upon 
Tuesday morniui^ to the panners sooi and 
found the serf ants petting up : that the depo- 
ueut went to AuchaVii, at about n quarler of a 
mile*8 distance, for a slaug-hter-spade ; and, ai 
be waK returning from theoce, be met tlie pan* 
nel goins^ for Appin'i? house; and when he 
came to the paouel^s honf«e, he saw Allan Breck 
silling in a rooui^ dressetl in the black short 
coat, combing' his hair. liepones, be never 
saw the said Allan Breck at work any of the 
times he saw him at Aucharn, e^fcept covering 
I lie potatoes upon the Monday eveoing %M 
aforesaid. Cttuiti uimtia patet, Aud this it 
Ihe Imlli, as he shall answer to God. 
(Signed) 
Ja, Ferouson, ARcn* Campbell 

Dugatd Macc&ll, servant lo the pannel, un* 
marrieiK aged 24 years, witnejts oted, swoiiif 
purged and examined u^ mpro, by llie fore- 
named sHorn interpreter, defiones, That in the 
Ititter end of winler Inst, about dny-break, the 
deponent was alonjjsl with the pannel, in hii 
brew- house at Auchurn^ in company with John 
More Mact'oll, and J<din Bt'g Maccoll, bolk 
aerfanis lo the pirn nel : ihut, after takinpf » 
dram of whisky, the convf^n^aliou tell ijpoii 
ihe tenants itf Aucharn » a part of the fbrfeiled 
estate of Ardshiel ; and that it was theti meu- 
tioiieif, that tliey were in use to f«y #ofiie be^r 



187] 



25 GEORGE II. 



Triid of James. Steioartf 



[ISB 



mod meal •• partof their rent : that the tenants 
of the said town of Aucharn had paid the bear 
to tfaepannel thev were in use to pay, and made 
offer of money for that and the rest of the rent 
to Glenure, the factor ; and that Gteniire re- 
fused to take the money, insisting* to have the 
victual paid in kind as formerly : upon which 
thepannel said, that Glenure was like to hurt 
liim, the said James Stewart, as much as was 
in his power ; for, as the tenants had paid him 
the bear in use to be paid out of that farm, and 
turned it to his own use, he would be obligred 
to answer to Glenure for that article of the rent ; 
but added, that that was not the worst of it, and 
that, if he, Glenure, went on in the same way, 
it was likely he would in five years be laird of 
Appin ; and, upon the deponent and the said 
John More and John Beg- MaccolPs saying, 
that) that was likely to hapiien, the said 
James Stewart, the pannel, answered, that 
that was the fault of the commouers or fol- 
lowers ; for however he, or people in circum- 
stances like biro, would shift for themselves, 
thev, the commoners would be very badly off: 
andf added, that he knew commoners once in 
Appin, who would not alk>w Glenure to go on 
at such a rate ; to which the deponent and the 
others present answered, that they believed that 
there might be commoners once in Appin who 
would do so. Depones, that he does not re- 
member that he and John Beff Maccoll had, 
at any time that day, or thercMier, any com- 
muning about the sense or meanings of this 
conversation that happened in the brew-house. 
Depones, That, upon the last night of December 
last, Glenure and John Campbell of Ballie- 
veolan were in company with the pannel, John 
Stewart younger of Ballachelish, and James 
IStewart in Ardnamurchan, uncle to the pannel, 
in the house of John Breck Maccombie, 
chan|;e-keeper at Kintallinc ; and, after night- 
fall, by the desire of his mistress, the deponent 
went there to attend his master home: that, 
after he came there, Glenure, the pannel, and 
bis company, drank till it was late at night, and 
the deponent heard them speaking together ; 
but as It was in English, he did not understand 
what they said : that at last they began to 
speak very k>ud, and got up upon their feet: 
that the deponent, and several other com- 
nouers, who happened to be at the house at 
the time, apprehending they were going' to 
jf|uarrel, went into the room in order to prevent 
it : that tbey still spoke loud, iiiul in Euglish ; 
and the deponent, with the assistance of John 
Maccombie, alas John the son of Duncan and 
grandson of Malcolm, and another John Mac- 
combie, alias the son of Duncan and (grandson 
of Duncan, both then tenants in Ardshiel, and 
John Roy Maccorquodale, then in Ijcttermore, 
BOW in Ballachelisn, carried the pannel, and 
the said James Stewart his uncle, out of the 
room : that tbey bsisted for being hack to the 
company ; hut that yonng Ballachelish came 
to them, and told them that they must not go 
back, and that they ought to be good friends : 
lipon whiob the pannel taidi be would not itir 



frooi the place, till he was told by Glenure if 
he would go to his house next day ; that Bal- 
lachelish said he would go and get notice, and 
accortlingly went into the room, and returned 
back in a little time, and told tlie pannel that 
Glenure promised to see him at his bouee nest 
day : that the pannel asked if Glenure had pro* 
mised so upon his honour ; and upon Ballacbe* 
lish answering he did, the deponent and 
the said John Roy Maccorquodale carried the 
pannel over a burn adjoining to the aaid home 
of Kintalline in the road to Aucbam ; upoa 
which' the pannel told them, they were belter 
at that than in doing what they ought to do, and 
that it was to side with Glenure, not with hia» 
that tbey were there ; and asked the tenants 
then present, what kept them there so late, and 
why they did not go home in proper time of 
night P And, they answering that they were 
there waiting upon him, the pannel replied, 
that it was not waiting upon him they wers^ 
but upon Glenure, to see what they could gel 
by him : that he continued at such conversa- 
tion as this, till thev came to the fielda of Aa« 
chindarroch, hard b^ Aucbam, when the aaid 
John Maccombie, alias the son of Duncan Ma- 
cilchallnm, said, that he waa told that Glenore 
had a drawn hanger in the room where they 
had been drinking, afler the pannel and kiM 
uncle were carried out, declaring that be 
would not allow them to return to hia company 
any more that night ; upon which the pannei 
aaked them, why he did not tell him that be- 
fore he came away from the house, that be 
might see if it was true, and what Glennra 
meant by it? and insisted then on going baek 
to know the truth of it ; but the deponent and 
the other tenants declaring they would not al- 
low him to go back, he bid tlieni go about their 
business and leave him, which they accord- 
ingly did ; and the pannel, and the said James 
Stewart his uncle, went to Aucharn, attended 
only, as he remembers, by the deponent and a 
boy-herd named Duncan Maccannanich : that, 
when this happened, the pannel James Stewart 
and his uncle were very drunk. De|K>nes, 
that, some time in March last, when the de- 
ponent and John More Maccoll were harrowing 
the tath -field at Aucharn, being the aame 
day, or the day af\er the |Minnel went for 
Edinburgh, Allan Breck Stewart walked for 
a good time al>out the field ; and as thejr 
were loosing their horses, the said Allan Breck 
and they entered into conversation about FrauoOi 
and |>eonle from this country there ; and Joha 
More Maccoll' asked if there was any prospect 
of any of them's coming back ? Upon Allan 
Brack's answering he was afraid they would 
not, John More said, he wisheil that none bad 
ever come from 'that country ; in which the said 
Allan joined him, bayiug, it had disperaed the 
friends he most regarded ; and that it was a parti* ^ 
cular misfortune that the mana(;ement of anv ' 
concerns they lef\ behind them, fell into the handa 
of one that was about to ahew them no manner 
of favour ; and declared that he meant Glenure s 
nnd told that the coinmonera of Appin wevQ 



IS9J 



Jfcr Murder. 



]iiile vorthv wbcn Ihey did not take him out of 
the way befbra now ; and upon their aaying 
aobodj would run that risque, not knoxviugwho 
vwld Hand by tbein, Allan an8were<l, that be 
knew a way to convey out of the way any 
{loaoD tbat would do so, in a way that he 
would Btfcr be catclied ; and also said, that 
they, and the tribe they were of, (ineauiu«|f the 
MaccsUft) were not like to be the least sutieivrs 
bjr Gkuure'a proceedings. Depones, that the 
fini tioM he saw Allan Hreck Stewart at 
Indian was about the licginning of the oat- 
snriag, which was preity tar advanced in the 
nealh of If arch : that he was then dressed in a 
udc blue eoat, red waistcoat, and black breeches, 
with m hai aod feather : that, while he was in 
the esoBlry of Appin, lie was for ilie most part 
at the pan net's bouse ; but that he was abUnt 
•sec for a considerable time, when he said he 
waa ai Ranooch : tbat the deponent saw him 
whca he said he was going to Rannoch : that 
ha was thea dressed in a black short coat with 
silfer boHoas belonging to the pannel, blue 
tfwir sers striped with white, and a dun great 
ceat, which the deponent thinks belonged to 
AUsa Stewart the pannePs son ; and, being now 
shcwa the two black short coats in the clerk's 
haads, depones, tbat the coat with ilie silrer 
bailsas oo the pockets belonge«l to the pannel, 
sad is the saoie the said Allan Breck had on 
wbcB he said he was going to Uannoch as 
aloresaid ; aud ibe other coat, wiih no buttons 
BpQO the pocket, belonged to Allan Stewart, the 
pBBoel*8 soa. De^iones, that he saw him have 
■a the same dress when he came back from 
Baaooch. Depones, tbat ho does not mind to 
bate scco the said Allan Dreck wear the said 
short coat at any otlier time, except upon Mon- 
day and Tuesday the Jltb and 12th of May 
lasL Depones, tbat upon Monday the tlth 
day ef fiay iaat, be went to the wood for fire- 
wesd ; sod upon bis coming home in the af- 
• ti a u s a , he found the said Allan Breok dressed 
is the said black short coat, working at iiotatoes 
sis^g with John More Blaocoll, and John Beg 
MaeeaU, two of the panuePs servants, having 
SB his owa black breeches. Depones, that he 
MP the said Allsn Brcck upon Tuesday morn- 
ijif , the ISib of May Ust, in the pannePs house, 
1 in the said black coat belonging to the 
J and Una trowsers striped with white 
Mch as now shewn to him in the clerk's hands, 
ads bine bonnet. Depones, that the depo- 
■Ht was toid the said Allan Breck left Aucharn 
«df epoo the Tueaday , bimI the deponent has 
■tassa him since. Depones, that uponFri- 
^ evening the 15th of May last, the deponent 
M John Beg Maccoll overtook Katharine 
MmsbU, servant to the pannel, in the brae 
iksve Ibe boose of Aucharn, with a |>ock or 
■cfc. Bad aooaetbing in it, under her arm ; the 
iipsBiMt asked her, what she had got in the 
mtkf To which she answered, that it was 
iAsa Bff«ck*s clothes, and tbat she was going 
Is hide them ; and the deponent and the said 
isha Beg Jlacooll aaw her bide the sack in 
vbicb the said clothes were; and that this 
VOL. XIX. 



A.D. 1752. [ISO- 

happened about four o'ch>ck in the saiil after- 
noon. Depones, that upon Thursday evening 
the 14lh ot May last, afier notice of Glcnure's 
murder came to Aucharn, Allan Stewart, stm to 
the pannel, desired the deponent and John Heg 
Maccoll to bide a laqfe Spanish gun that used 
to stand in the brewhouse; and told them, 
tbat be himself had concealed a lesser gun that 
used to stand at the end of the girnel* in the 
barn, under the said girnel, where lie thought 
it would be safe. Depones, that the deponent, 
and the said John Beg Maccoll on the said 
Thursday evening, hid the large or Spanish 
gun that used to stand in the brew- house, uniler 
the thatch of the sheep-house, aud three 
swords they took out of the bam, and a fourth 
that was brought by John Beg Maccoll, the 
deponent does not know firom whence, under 
the thatch of the back of the barn. Depones, 
that about four o'clock, Friday the 15th of Alay 
last, the pannel desired the deponent to carry 
the above arms from the bouses, and hide them 
in the moor: I hat accordingly the deponent 
and John Beg Maccoll took tne aforesaid large 
gun from Hit* back of the sheep- house under 
the thatch, and the said four swords from 
under the thatch of the barn, and found tlie 
gun that used to stand in the barn under the 
girnel, where the said Allan Stewart, the pan- 
nel's son, said be hid it,' and carried tbem 
to the moor, and bid them in the hole of 
a rock, above the peatrmoss. and that it 
was told at Aucharn, tbat there were sol- 
diers coming to the country, before these 
arms were hid in the hill, as above. Depones, 
that the said John Beg Maccoll, and the depo» 
nent, had the above arms, when they overtook 
Katharine Maccoll; as aforesaid, with the 
clothes. Depones, that the Isrge or Spanish 
gun, that stood in the brew-house, was charged 
with powder and small drops ; and that there 
was no shot in the small or lesser gun, that 
used to stand at the end of the girnel in the 
bam ; but Allan Stewart, the panners son, car- 
ried out tlie said gun, two or three mornings 
in order to shoot black cocks in the latter end of 
March or beginning of April last. Depones, 
tbat Allan Breck Stewart waa also in use 
to carry out the said large or Spanish gun two 
or three mornings, in order to shoot black cocks; 
and about tbat time saw him endeavour to help 
the lock of thesaid gun with a file. And being 
interrogate for the pannel, depones, that he, the 
deponent, has no skill about guns ; but heard 
the aaid Allan Breck and Allan Stewart, the 
pannel's son,' more than once complain, that 
the guns were in bad order. Depones, that 
when the deponent came home from the wood, 
upon Monday the 11th day of May last, the 
pannel was not at home; and the depuneut 
was told he was gone to Keels to meet the 
laird of Airds : and that the deponent had gone 
to bed before the pannel came home tbat 
night: and that early upon Tuesday raomiug, 
when the deponent got up, he saw the pannel 



* ** A meal- ark orcoru-cbest." 
K 



Arnot. 



131] 35 GEORGE 11. 

^«iti«'Mit; who f«>|il him that he wu going to 
l;>i- >: s h'..ii<;': and that, to the deponent's 
'{i :.\rlr>i.4:«^ .;;] m Breck, or the panners sons, 
'«r.r (M>. xUin up: that be saw thepannel go 
tjwLiAly Li'ttershuna, where Appin life*. De- 
;>onefl, that Allan Breck Stewart left Ancfaam 
befure the panuel returned from Letlenhnna: 
aiid upon an interrogatory put for the panned, 
if the pannet had gifen tbealiort black coat the 
deponent raw the said Allan Breck wear, al|d 
which he has deponed belonged to the panneli 
was giren by the pannel to the deponent, or 
any other of bis servants, before the said 11th 
of Ma^, depones, that the said black coat was 
not given to liiro, the deponent, nor to any 
other of the servants^ to his knuwledee. And, 
being interrogate for the pursuers, after shew- 
ing him the powder-horn, now in the clerk's 
i)ands, and which bad been formsriy shewn 
him when he was examined upon the nreeor- 
nititfn, whether lie had ever seen it before tne 
time of taking the said precognition ? depones, 
be never did. And beinff interrogfate for the 
pannel, depones, that Gwnore and Balliereo- 
Ian dined at the pannel's house, in company 
with tlie pannel, tne day after they were hke 
to have quarrelled at Kintalline as aforesaid. 
Depones, that it was ordinary for the pannel 
to gite a dram to bis serrants every tiaie he 
distilled a double drau{rht of whisky. l>e- 
pones, that the double draught was a ifistilling, 
when the deponent and the otiier servants got 
the dram mentioned in the first part of this depo- 
sition. Cauta scientUt pateL And this is the 
truth, as he shall answer to God. And declares 
he cannot write. (Signed) 

J. FfiaoiJSON. Arch. Campbell. 

J<^n Beg Maecoll* servant to James Stewart 
pannel, ased 27 years, unmarried, sworn, 
purged and examined ut tupruj by the sworn 
interpreter,deponefl, that the latter end of winter, 
or beginning of spring last, early in a morning, 
the pannel gave a dram to the deponent, Don- 
ga! MaccoU, and Johu More Naccoll, both 
servants to the pannel, in the pannel's brew- 
house : that the conversation falling upon 
Glenure, the pannel complained that Glennre 
was no friend of his : but that that was not the 
worst of it ; but that if he was to so on as he 
did, it was likely in five years he wouM be 
laiid of Appin ; and the deponent and the other 
two Maccolls answering, that that was likely 
to happen, the pannel replied, that he knew 
once a sett of commoners m Appin. who would 
not allow Glennre to carr^ matters with such 
a high band ; and to which the deponent and 
the other two Maccolls answered. That tliey 
did not believe there was any commoner in 
Appin, that dnrst contend or strive with 
Glenure in such a way : that, immediately 
thereafter, the deponent and Dougal Maecoll 
went oiH of the brew-house, leaving' the pannel 
and John More Maoeoll there. Dqiones, that, 

* See the PaDDePs Dying Speech at the 
•ndeflheCaM. 



Trial of Jama Siewartf 



[ISE 



after they went out of the hrew-kouse, either 
that day, or some time thereafW, the depo- 
nent and Dougal Maecoll talked tngetkcr^ 
what the import of this ceovemtion might 
be ; and that the deponent was at a loss whe- 
ther to consider it as an enconragement to de- 
stroy Glennre, or as a complaint against the 
ccmimoners of Appin, as not being so fkithfvl 
to the pannel as he expected them to be. Do^ 
pones, that, in Marcb last, Allan Breck Stewart 
came to the pannel's house, late in the evenini^y 
dressed in a bloc side coat, red waiatcost, wSm 
Mack shag breeches, and a feathered bat: tlmt 
be kwked into the khcheu, and went ianiae- 
diately to the room where the pannel and hie 
family were: that aflerwarda he used to go te 
the conntrr to different places, and eome fre- 
qnently back to tlie pannel's honse: that euce 
he renmmed there a week, which is the longeal 
time he stayed there at one time. Depencs, 
that the said Allan Breck Stewart came te the 
pannel's bouse from Fasnacloieh upon Monday 
the nth of May last, about mid-day, dreaacd 
as above: that, upon the evening of the amd 
day, the deponent saw the said Allan Bntk 
dremed in a black short coat with silver bottow. 
Depones, that there was two short black ooals 
with silver buttons in the pannel's honse ; the 
one belonging to the pannel, and the other la 
Allan Stewart, his son ; the deponent does eoC 
know which of them the said Allan Breck had 
on. And depones, that the coats were so like^ 
that he could not disiinguisb the one from the 
other. And dep4»nes, that it was one of these 
black coats he hud on, the deponent having^ 
seen him, the said Allan Breck, near the 
houses, in his side clotlies; and sohm tine 
thereafter, coining from the boose, dressed w 
the said short coat, in the evening of the 
said Monday the 1 1th of May, and came where 
the deponent and John More Maecoll were 
covenng potatoes, and wrought with them fbr 
sometime. Depones, that, sometime tbere- 
afler, a young lad, brother to Glenco, by 
name Donald, as tlie deponent thinks, eansete 
them, and told that Glenure was come boeie 
from Edinburgh, and was to go to Lochaber; 
upon which, some conversation happeiuar 
about removing the tenants, Allan BreSsk saio^ 
Devil a bit of the new tenants would get poe- 
session, unless they had a warrant to shew^ 
or come in by force. Depones, that, when the 
ssid Allan Breck came, upon the llth of May 
last, to Aucharn, the pannel was seeing the 
deponent, John More Maecoll, and I>>anl 
Maecoll, working at potatoes ; and that AlSui 
Stewart, the pannel's son, was likewise there: 
that, when Allan Breck came, they were sitting 
all together ; and that he seated himself hy 
the pannel and had some conversation in 
English, which the deponent docs not uuder« 
stand. Depones, that Charles Stewart, son t» 

the pannel, and Stewart, daughter to 

Fasuscloich, came to Aucharn from Fasna- 
ekNcb, a little after the said Allan Breck. De* 
pones, that upon Thursday the 14th of May 
last, the pannel gave a letter to the deponenty 



iSS] ^H^^ ^r Murder^ 

|iWMif««d to Chirlot SteHart, notary pub- 
lie ■! Mmrybitrgii ; and totd Ihtf iJepoueol^ that 
lis ktter ii»tlo ifuike or en use the fiaid Charles 



\ to the country of Appin to pro* 
GiMiurPi in cue he had not s suf- 
icMttlwiffiiitt to remore the l<»»aiii« of Ard- 
•nitl. O ip i w ciy lh«t the piimtel desired ifte 
tiM ni«ke lU po&siblf di<|:!i(ch« iind dt^ 
rM» Bfvck MacGombieat Kiniulline, and 
ri Jubo More MitccutI, ?KTVHrit to lUe 
iwlio was then at KniUilinc, to ferry 
Bt from RiniulliQe to Oiiich, being' 
mum Mttrier lliati the ferry of Ballacttelish. 
AfpOM*. llMt Ibe |iMiD€l ^\m told him, tbnt be 
9M ia g«A n«i» iiioc»ey li-om VVilbamSteHart, 
mmdbmaiLwA Harybun^h^ to pay for miik-covrs 
I wen boi^bt for him in the country ; and 
I ii IIm uoiittv was not aenti he \voidd not 
»tbftfiii«rs. ]Jepoo99, thai he waa terry ed 
m_ HJMtalboa lo Unich, and went on to lort 
WM—i» aii aol Glenure at the three-mile 
mmm^ mh^ rnkwA Ui« depooent from whence 
ba enocl Ta wbicb the deponent ansff ered, 
* Ofer Ketlis. D«|>oueaf tbatr 
vrith Cvientire^tt serfanl, he 
barf aofpB «aaf artatioa wiih him, and told htm 
ba wm ^^ ta Fort W i It lu m. Depones , t hat 
ba a^ •at frocn Audiarn alNjut 7 or 8 o'clock 
ja Iba mmmsi^ and made all the dispatch be 
1 la F«ri il iitiazn, where he arrived about 
'aiaalr, DcfKNiea, that irl^n he came to 
WiMiam, be dehveriMl the letter he got 
INai tb« f«aoal to Williaju Stewart, merchant 
l« MMy%mM\ghn who told hitD, that Charlea 
llawait iba aolary waa not at home, he bar- 
iaf fane to Ibe braes of Loch a be r in the 
aad told the defionent, that he, the 
, bad wrote to the panne t in the 
Ibai there was a notary alnng^ 
> who would lerf e the pannel aa 
•AaaGleiiiira. OepoueSf that he does not 
faaMaiharlbai be asked for any money from 
WHIiMi Sirwart, n^ did be give him any, but 
miAf ba would tend aervanti for the cattle 



be atayed a rery short lime at 
WiUiatii : tbat the taiti n tlliain Skew»rt 
if he wanted victuals ? Upon the 
t*a antwarin^ he did not, the aaid WiJ- 
iUgbi binci into hb liouie, and g^ave him 
1 1 aail tbe depooent imtneiliatety re- 
hMit Ipjr ibe aboit road to tlte ferry of 
I. aod IbflMl Glenure at the terry 
biaa : ibai iba dtfment required ot tbe 
le ferrv bim immediately, and the 
d aai r aa bim to si&y idl he would be 
f^ilb Clamire'a hor^ies ; but the depo- 
* la bitn that tbe stream \vaa rapids 
_ aw aome time bffnre they woukJ 

9&tf Iba batsaa, be oui^ ht to ferry him imme- 
Jattl/, arbiab bif acconliogly did , and that 
^m fljfllt ba about 4 o'clock : that u(>ofi biji 
mmm^.^km farry* ba nit Archibald Maciuiah, 
fcrfv apao iba Appto ude, lo whom be told 
«hwa ba faa4 baan, ami bia errand ; and that 
iba laid farrjrar told the drpne nt, that he waa 
that he wm i^oiiig to meet 
B, that were to 




'.■s: 



A. D- 1752- [131 

come to Ard!»biel, bad come to Olenduror with 
their cattle ; and were tn Liikc po«sessioii next 
day ; and the deponent laid him, that he dul| 
Doi believe tliey would get possesifioa till Ibeif ^ 
warrants were seen. Depones, that, a little 
iherealler, be met Alexander Stewart elder of 
Dallacheliifb, to w tiom he told where lie had 
been, and his errand, and the cimveraatioa he 
had with the ferry -man; and Ballachelitih de 
aired bim to tell bis master, if he would send] 
for bim, he would go along uith him lo M0I 
Glenure's waiTaot Depones, that he paa 
through tbe wood of Leitermore, and met i 
saw nobody there : that he went then homafl 
and gave the pannel an account of bis er<*l 
mad. That he was hardly an hour thera|| 
when John Mackenzie, Glenure's 8ervanl|j 
came to the door calling for tbe pannel : thttl 
the pannel went immediately ta the doofpl 
and aaked the aerrant, what was tbe maltertj 
and what news be bad P To which the Bervavtl 
replied, The worst ( ever had ; my master m\ 
murdered in the wood of Leitermore: upom| 
which James Hiewart said, Lord blaaa me ! < 
he shot ? To which the servant aoiweredf I 
be was shot, and said the pannel ought to go ' 
and take care of bis corpse : thut the serraat 
immediately went olT, but ueither tbe pannel 
nor any of bis family went near tbe corpse ; 
and the pannel said, that, aa he and Glenuro , 
were not in good terms, and some of the peoplo I 
that were to meet Glenure bad arms, he did I 
not cai-e to go near them, not knowing what] 
might happen. Depones, that his master saidt ] 
tbat it was a dreadful aecidcut, and was alraiii f 
would bring trouble on the oountrv ; and ap« j 
pea^ed to be sorry for what haa happeneq*] 
Depones, that, upon the evening ol Friday tli#| 
15th of May last, the deponent and tlie said I 
Dougal l^Iaccoll overtook Katharine Maccoll, 
servant to the pannel, going up the brae abov# j 
the house with a sack, and tKHnetbing in it, ] 
under her arm ; and tbe said Dougal Maccoll I 
aiked her, what she had got there f To wh* 
she answered, That it was Allan Breok%| 
clothes, which she was going to hide ; and sh« 
hid them accordingly in tl^ deponent's pro* 
aence. Depones, that, when tbe aaid Allan I 
Breck came first to Aucbam, he used to lie ia J 
a room tu the tower end of the bouse ; but al^l 
terwards be, and the pannera sons, and anyj 
young people that came about the house, when 
the aeaann was more advanced, used to lie iu th« ] 
barn. Depones, that, upou the aaid Friday 
evening tbe 15th of May lait, Margaret) 
8tewArt| tJie pannePa wife, desired the de|Mi-J 
oent and the said Dougal Maccoll to bide all j 
the arma that were abimt the house, as tbera^ 
was a party of soldiers coming to tbe country : 
that accordingly they took two guns and threa , 
BwoLxis, and a fourth «word wa* delivered to tba 
deponent by Allan Htewart, son to tbe pannel ; 
whidi two gvns and four :^word8 tbe deuonaat < 
and tbe aaid Dougal Maccoll hid to the oraa % | 
good way above the pannera house ; and tlitt 1 
two guns in tbe clerk ^s hands being shewn ta \ 
tbe difilimilt, defiooeai ibat tbeia ware 



135] 



25 GEORGE IL 



Trial of James SievMrtf 



1136 



9ame two f^iins that were hid as abore. De- 
]M>iies, that the Urfj^est of tlie t^uDS, now fshewn 
the (lepooeiit, was loaded, aod lay in the brew- 
liousi. ; and the deponent belietes, that either 
Allan Stevrartfthe pannePs son, or Allan Breck 
btewait, charfi[e4l the said gun; forthedepo- 
iioiit saw AlUn Breck Stewart iiave the said 
gun Ronip time belore, and ^o with it in order 
to Nhoot hlack locks : titat late on Thursday 
evenin*; liie I4lh of May last, after notice came' 
of <>}euuti:'s murder, the said Don^al Maccoll 
tuld the (U*poncnt, that the pannePs wife had 
desired to hide all the arms about the bouse, 
not knowiujijr but ihat some soldiers mi<i[ht come 
to the country ; ufion which the deponent and 
the said Dougal carried the said loaded gun 
from the brew-houKc, and hid it umler the 
thatch u|ion the (Mitsi«l(f of the sheep -house, and 
carried three swords out of the barn, and hid 
them under the thatch upon the outside of tbe 
said Irarn, Mat^ that bara whnve the pannePs 
children and Allan Breck used to lie : that, 
upon their being desired by tbe said Margaret 
Stewart next day to hide the arms better, they 
took the foresaid loaded gun and three swords 
out of the places where they bad bid them; 
and upon their inquiring for tlie other gun that 
used to lie in the said barn, Allan Stewart, the 
lianuel's son, told them, he had hid it under the 
lar^cgirnel in the barn, and told them they 
need not stir it, as it was safe enough there ; 
hut they answered, as they were hiding the 
Test, they would hide that likewise ; and ac- 
c<»rdingiy the deponent went and took the said 
Ktm from tlie trimel, where the said Allan told 
him he had hid ir, and concealed them all to- 
gether as above: upon recollection depones,' 
that it was upon the Thursday evening the de- 
ponent and the said Dougal Maccoll inquired 
about the little gun which lay at the end of the 
girnel in the barn, and that the said Allan Stew- 
art, son to the pannel, told tbem he\ad hid it, 
as above, under the girnel. Depones, so far as 
he can remember, be did not see the said little 
gun upon Thursday, but saw it stand as above, 
cither upon Tuesday or Wednesday precedin(r> 
and used for some time preceding to see it 
stand in the same place. , Depones, that it was 
upon Friday evening the deponent took the 
said gun from under the girnel, where the said 
Allan bad hid it; and adds, that the reason he 
did not see it on the Thursday was, that he 
was from home almost that day. Depones, 
that he did nut see the said little gun load- 
edi since March last, when the black cocks 
were crouding ; that then there was a shot 
of drojis in it, and the said Allan Breck car- 
ried it out one morning, and told that it 
mis-gave with him thrice at a black cock, and 
shot with it the fourth time without killing 
the black cock. Depones, that the brew- 
house, where the said large gnn used to lie, was 
always locked, bat when people were in it: 
that the barn, where the said little gun stood, 
had a lock and key, but waa not in oae to be 
locked since the crop was renoved out of it, 
whicli 1I9S at the Uw» tl^ wcrt dpne with 



their oat-seed, which was some time before 
May -day. And, bein^ interrogate for tbe 
pannel, depones, that neither of the guns were 
in good order: that the large or loaded gun 
was in use, when going to be snapped, to stand 
at half-cock, and the little gun was in use to 
snap or misiire. Depones, that the little guo 
had an old wore flint in it ; and that he ob- 
served this flint in the said gun, when he was 
in use to see it stand at the end of the girnel as 
above ; but did not observe whether it had a 
flint or no, when he took it from under the 
girnel as above. Depones, that he knows no 
fault the lock of the little gun had, but its being 
in use to misfire ; and that the lock was on the 
said gun when he hid it the Friday evening as 
above. Depones, that w hen Allan Brock canne, 
uiKin Monday the 11th of May last, to the 
place where the pannel, deponent, and others, 
were covering potatoes as above, they had sit 
together but for about a quarter of an liunr; 
the deponent went to work at potatoes at a 

greater distance, and, before he went away, 
card a message had come for his master, to 
meet Airds at KMl, and lieard his master speak 
of going there ; but when be went, or wlio 
went along with him, the deponent does not 
know : that the deponent continned working at 
the potatoes till the evening, and the pannel was 
not come home when he came from bis work : 
that the pannel came home at bed- time, ac- 
companied with John More Macilichattan, who 
lay with the deponent that night. Depones, 
that it was a while after (the deponent cannoC 
say how long) the pannel parted tVom the de« 
ponent, and the other people that wrought at 
the potatoe-ground, that Allan Breck came 
dressed in the black short coat as above, and 
wrought with them at the potatoes. Depones, 
that they all got up t(»gether, atter the sahl 
Allan Breck came to them, and sat with them 
as above ; and lie thinks the pannel went then 
towards the house. Depones, that Allan Breck 
and the pannel were in use to converse to- 
cher, sometimes in English, and sometimes 
in the Irish language. Depones, that, when 
be went to Fort- William, with theabove letter, 
to Charles Stewart, the notary, he had no 
orders from his master to inquire after the mo- 
tions of G tenure, or to acquaint any body 
thereof. Depones, that he never saw the said 
Allan Breck Stewart change his clothes, and 

5ut on short clothes, at any time, at the said 
ames Stewart's liouse, before the said lltb of 
May ; but that, as the deponent best remem- 
bers, at the time the said James Stewart waa »t 
Edinburgh, he saw tlie said Allan Breck dressed 
in a black short coat, a dun liig coat which the 
deponent thinks belonged to Allan Stewart, the 
pannePs son; and he heard the Mid Alka 
Breck, or others about the house say, that he 
was then going to RaniMich. Cauia Mcientim 
paieL And this is truth, as he shall answer 
to God ; and depones be oannot write. 

p. GiUkt. Aub. CAMraiy.. 



m 



for Murder. 



A.D: iV^'i. 



flSS 



hftprnii^ in {r^Qernl Pulte- 
■f^** r«|riment u1 ((Kit, ritArried, ngeii 52* ' 
^tOMai eitnl, iiwori», jiurt'CMl ami cxammeil • 
tl mprm^ iftefMnies, that, i1|mti the *J3(I of May 
Imi, lie wms 1 by Mr, Campbell ot 

BaraldiM, tl %irrre some nrm^ bid 

" r* I ' ' ' nnoepB fioiise; imd 

■ *^' n llir (luragrapb of 

I " l«o conjrnantls 
ikt rvftvtftt lit t)t l)diini^«4, 

i^MM4 U» ( I . !u the tuloitrl 

^Mtrft) tSie firponent to ^o m fenrcU of such 
•!«&. f^ccvritmgly Ibe tlrponent wpnt tbat 

awrilh ApftHy, *ml Uwk riloo^ with biin Mr. 
kk CtmbO^W M* Auebfiiiiiculbm, to ibiect 
9 ?M«; ttail, vvben tbvy came to a bilt 
f tbe iMonrPii house, Mr. €anipf»f!ll touml 
'"ma bill 4iliof*! the )>annel'5 bou&e 
|f»i» futMlcvti ant) tour broad -swords, wbt'reof 
bftvitt^ uif nr I ' ' ir tit, the deponent 

wwd aad - u out. Arul the 

I *ir *.i^ r^, ijt'>» IN ibe clerk's hdnds, 
«li«^ii m the depnnent, drpooes, that 
m? itir f rry same iDzeeu be saw taken 
xfbffiBui; and depciitt^ii, that tbe br^'ert 
!■«<» furies IV as toaded, and the other 
M; aAit ib.i^ ilraMD the shc^t of the 

_|Bii|rr1 pii^c 1 1 to be lunded with small- 

means drops and small shig 
and it appeared to the dt^po- 
jt| uiiloadfd piece had been 
NIC' ptit his finger in the 
p brought out black. And, 
for the panoelf whether a 
ittctt »» I aid by foul, will not, after a 
'• lime, (lie nne*s finger, when put in 
Rifncatltfof it, as well a» when it has beep 
f drpones, hecannnt leU^ not being- 
i I** M#»t' arms nsed so. And de- 
piHK,tl >d unbi»ded uiece bad a Uick 

«!■•**' <(>e; but wbicb bad only one 

wttfm'^^tt m It. But deponei, that a ^un, 
iMftfltfa Irtck With mm »crew-uail, may be 6t 
mmin to b« fired with; and adds, that that 
ffvnftff tin* lock wanting; tire nait^ was tied lo 
^^ y a itrin^f, I>ppoiie«, that the 

f*< /eea, were carried abiu^ lo Fort- 

Wk-u4ii. v*hrre the di'tuMunt delivered them 
l» thtt adjutant at I on Wdbatn ; and does 
Ity what m*: lid loek upon 

I |fa0ce« BOW vd8 lost ; btii 

If to bate U't'K uy >i»€Klenl, Cauia 
jmitt. And thU ts irutli, an he shall 
l«God. (Signed) 

Ja. Puioeacm. D. CriApEAcr. 



afvil 



• I Ancbtnsicallan^ mar- 
wilnei6% cih^d, !»worn» 
u t tnpta^ depotiCHf That 
, bt: thinks on the TSd, 
iiipeau to go along" 
..cli of amif ; and, 
%*, above the punners 
<0r Ai»r ilepontnt di««overed two 

in # t (HI be immediately 

Uic ' ^:i« with him, vibcn 

taknii mik vi uic covc ; 9* aUo, tbere 



wnt also thffe three or four broad -iworda. De- 
pones, that one of the ifuna was b« litier than ' 
th** t»thpr; «nd the bfibti'St gun had a ktick 
bid fiUin*( the lock tii'd by a hUma about thfr 
stock : but, whether the said loik had any 
Bcrew-njiil, or not, he does not remf mber ; anil 
lljiil ihese arms were carried a*>uv by captaia' 
Chapean. Depone!;, that the ]i|r|»u^t of (be 
said two uun^ was unloaded, and the bcarieat 
louded : that he saw the shot of the loaded gun 
drnwn, which consisted of drops, with some 
siuhU ttliiuf among- them, Depoues, that, tn 
order to knuw whether the unloaded pifce bad 
been lutely fired, severals put iheir fing^er in < 
tbt* muitzle of it; and particularly the depo- 
nent ; Htid tlu' \m\*er comiusf out black, ht-, and 
the rest uiih him, fiom thence concluded, ibar 
it hnd been lately fired. And» beioff' interrogate i 
fur the pannel, m betber a musket that has been 
laid by fuul, ut^ter firincTt ^vill not, in like man- 
ner, f^te a man*!* hni^ev put in the mosezle of itp 
after it has been tiied a month or longer be- 
fore ? depones, that he n€?er made thai trial 
upon a s^un that he knew to have been so louj^ 
betbre tired. Cau$a scicntitt patet. Aadthii 
is the truth as be shall answer to God. 
(Signed) 
J A. FEacnsoN, Pat, Campbell. 

Wiltifim Stewart inerchtnt in Maryburgh» 
aged thiriy-sijc years, married, sworn, purged < 
and examined ut supra ; and^ beingf shewn d 
letter, <laled at Maryborgh lbe'l4tU of May 
last, signed William Stewart, and addressed on 
the back to the pannel, beincf the writing num- 
ber 10, tn the inventory subjinned to the lil>el ; 
depones, That the letter is of bis hand- wnlinf>, 1 
and was subscribed by him, and sent to Ibfi*' 
[lanneli of the date it bears, by Ewan Macken- 
zie, a common carrier in IViirybnrgb. And, 
beintf alsn shewn a letter dated at Aucharn tjie * 
1 4th of i^Iay last, eight o'clock in the mornincr, 
sig'ned Jame^ Stewart, and addressed on the , 
back to Mr, Charles Stewart, writer at Aucbin- 
tour, depones, that the said letter was wrote 
by the pannel, and sent, of the date It bears, by \ 
John Beer Maccoll^ and in absence of the satd^ 
Charles Stewart, who was not then at Mary* 
bur^h, was delivered by the said Maccoll in I 
the deponent, who broke it open, and told 
Maccoll, that Charles 8rewart was not Ihen in ] 
Marybiirgrh, but that he esrpected him thai 
nif^ht, but thought that he cnuld not go alon^ 
with Maccoll : ihat Maccoll asked the depo- 
nent, if be should wait for htm, or go after biro F I 
The deponent answered, it was needless ; for, I 
if Charles Stewart could go^ be would take m ] 
boat. And, being interrogate whether ht| 
wrote any answer by John Maccoll, or if h%\ 
gave him any verbal answer to the post^ript, ! 
wherein the pannel wrote to Charles Stewart, I 
to tell the deponent to send him eight pouudi I 
iiterlmg ? depones, he gave no answer iit ] 
writiiiLf ; and thinks be did not give any verbal I 
answer, if it was not, that he bid him tell bi^J 
master be was not in cash, which was the cafe« T 
And deponesp thai the deponetit w ta htmsetf ' 
X 



mi 



25 GEORGE 11. 



Trial of James Stewartf 



[140 



intended by Uie William in the postscript 
D«{)ODes, that Maccoll did not stay three 
minucea with the deponent, when he went 
away. Deponea, that the next day, being 
Friday, or the day thereafter, the deponent 
had a message from the pannel about ten 
o'clock forenoon, or betwixt ten and tweke, by 
Alexander Stewart, packman, who told the de- 
ponent, that he was sent by the pannel to 
Glenevis, and was ordered in his wair to call at 
the de(H>nent to send the pannel fire pounds 
sterlinflf ; and that his errand to Glenevis was, 
to desire him to send for a horse that he had 
bou((ht from the pannel : that the deponent 
told the packman, that he was not in cash, and 
could not send the five pounds ; upon which 
the packman said, that the five pounds was to 
relieve some cows that the pannel had bought 
for the deponent at Ardshiel ; and, if the depo- 
nent did not send the money, he could not get 
the cows : that the deponent said, he was indif- 
ferent, but bad not the money to send ; upon 
which the deponent's wife desired the packman 
to go forward to Glenevu, and to call there in 
Ilis reloro, and he Hould get the money, lie- 
cause they couM not conveniently want the 
cows : that the packman accoidingfly went 
mway ; and the deponent's wile, as she after- 
wards told him, for he was not present, gave 
liim three guineas : that the deponent is sure 
the money was not giveaon a Sunday, and 
thinks it was on a Ssturday ; and therefore 
believes it was upon Friday the 15th that the 
packman first called, the deponent being cer- 
tain that a night intervened betwixt his calling 
and getting the money. Depones, that he had 
no conversation with the fMickmatt touching 
AUan Breck Stewart, whose name was not 
mentioned b^ either of them ; but tlie deponent 
asked him, if be had come by the road where 
that unkicky murder of Glenure had happened ? 
And the packman told him, he did; but the 
deponent did not ask htm who was suspected 
for it ; nor bad any otlier oonvemtion on that 
aobject, there being a great many people pre- 
sent in the shop at the time. Depones, that 
the deponent received two of the oowa about 
eight or ten days after, and other two he did 
not g^ at all. And being interrogate for the 

ennel, depones, that, upon AUan Brack 
Bwart's first coming to this c 



country, which 



was in the month of February or March last, 
the deponent saw him at tidinburgb : that 
thereafter, upon the Ist of May last, the depo- 
nent happenng to be at the pamiel's house, 
Allan Breok Stewart came there from Rannoch, 
and was dreased in a short black coat with cleer 
buttons, such as these now lying in the court. 
Depones, that when the deponent saw Allan 
Breck Stewart at Edinburgh, which, he thinks, 
was in Fcbmary, be told the deponent, that it 
was then but three or foor days sanoe he arrived 
frons France. Depones, that, at that time. 



AUao Breck Stewart waa dreased in k>ng 
olethea, a blue eoat, aad, aa the deponent think^ 
a red vest, a hat feathered m the iande. De- 
Ihtti wbfB the daMBem wm at 



1 



pannel's, the 1st of May, Charles Stewart waa 
there also, in order to go to Glenure, and inti- 
mate a sist that hail b^n obtained in. name of 
the tenants of Ardshiel, upon a bill of suapenaion 
of a removing against tnem. Depones, that 
Allan Breck Stewart told the de|ionent, that ho 
had been a soldier in the kind's troops at the 
liattle of Preston ; and he thinks, he said, it 
was in Lsscelles' regiment, but is not positive, 
uhelher it was Lamsellcs' or Murray's. And 
depones, that thereafter he was in the rebel- 
lion. Depones, that, when he was at the paa« 
nel's house, the Ist of May, as aforesaid, Im 
did not sleep within the pannel's boose, and 
seemed to be on the watch, lest he ahoukl be 
searchetl for. And, beinjg interrogate, whether 
Allan Breck Stewart did not then lie in the 
barn, and some of the pannel's ehikiren with 
him? he saya, it is very probable he might; 
but the deponent knows nothing of it ; for the 
deponent saw him next morning, and, he thinks^ 
breakfasted with him at the pannel's houaa. 
Depones, that the deponent is first-conain te 
the iiannel, and also Wm brother-in-law. De- 
pones, that, before Charles Stewart went with 
the tenants to Gleniire's house, upon the let ef 
May, the deponent heard the pannel say to the 
tenants, that they might go, or not, aa they 
thought proper ; but he would be far firom 
advising them. Causa $ci€ntim patet. And 
this is truth, as he shall answer lo God. 
(Signed) 
P. Grant. Willum StsmuSb ■ 

Barbara Watt, spouse to William Stewart^ 
merchant in Maryburgh, aged twenty-eiglkt 
years, aworn, purged and examined ui svprc, 
depones. That the day immediately after the 
murder of Glenure, about mid-day, Alesandir 
Stewart, packman, brought the depooeH'a 
husbaud, the preceding witness, a aieangB 
from the pannel, to aejid him five poimda atei^ 
ling, to pay for some cows that the pannel bed 
bought tor him : that the deponent's fanaband 
was angry at the message, and said, that he 
had not then the money to give, having given 
away aome money that morning; hot that 
though be bad it, he would not send it ; nod 
the packman answered, that he waa a snffidaal 
but himself for all the sum, though the pannal 
bad not aent for it: that the packman told «t 
the aame time, that he was goin^ to Olcnefii 
on aome message from t ' 
horse; therefbra the ' 
desired the packman t 
from Glenevis, and he would get the moneys 
for that they behoved to* have the oet^ to 
stock a farm they had : that thia o un fSf i n 
tion happened in the deponent'a ■boo, when 
several other persons were present. DepoQfli, 
that, next day in theafVemoon, the denoiiMit^ 
husband not being then at home, the ilepeneBl 
met the padcman in the street of Marybuigh, 
and happening to have three guineaa tben in 
her fiMrae, ahe gave them to himthere in ikm 
street, and called her servant-maid to be wil- 
ims» beoeae Jthm wee Bo.lattcr ^^Mfctlw pw 



ne was goinr lo uncnevw 
Mnthepaond touching • 
I deponent imerpoeed, and 
I to call there in hia return 



fw, OOP i^cdipi 
Ml iiMwrr lo G«(], 

P. GlA*^. 



J&r Murder* 

grren by the jmcfrrrmrt. 
Ami ibts is truth, »9 she 

JURQAftA Watt, 



Stfwart^ trflTeHins^ packman in 
ihirtVi iTiimflrried;, witness cited J 
amirm^ ■ ■■■ ♦ il taid examinrd vf rupra^ by 
Ai^Mh Campbell, writer in ItiTerary, f^worn 
iMvpiiicr ^mvnif , ilrpooes, That, upon Friday 
teUifc tlif of May f«^, nhout twelve o'clock, 
^JHWl iioir^ me il«fM>neDt to ^o to Fort- 
t WilfifttB Stewnrt, merciiant there, 
I him fire ponnth^ or fife guineas ; 
fbe Hepooent, thui his triend Allan 
t to leave the conntryf a9 there 
liiw into it, am! that he might 
f of Glefiure*a murder ; and thtit it 
t upon him, the itannel, to soppty 
I Breck in money ; and the pnn- 
mI ^Mirtd tlMilepODent to leirthesaid William 
, that be osoBt srnd him money, though 
"* bvTVw it tWmi twenty purses; and 
I afao to tell the said William to give 
ia Htfm pounds sterhng to John Breck 
" ' an^ to Appin a I Koafisnacoaii, 
f he ramr to demand such a sum ; and 
i de-ftred llje deponent to deriinnd tour 
"nft more from tlie said Witliam, 
Cbt pHee of ft couple of mi Ik -cows boug^ht 
iirliiio. Depootes, that^ in eonseqitence of the 
he went to Fort- William, 
1>e irr- fy in the cvenlugr: that 

t tfcff »^ ) Stewart^ and dem ander) 

I biiD« for Hit; use of the pannel, the two 
r ilarf^-ineiitioned : that the said W iMiam 
I Mat be bftd not money » but desired the 
; la go lo Glenens, and that he, ihc 
I Wnfiaen, had tM.^tr.^*:. t© uieneti!!^ would 
liitltlffi ilrponrni the moniing^, and 

l^banrbaemnd. i ' ^ ; i^h. thxt tlie pannel 
inra^tbe deponent to trti iiie said William 
r l» amd notice lo Glpnevisr^ that he 
for a Ft«med honte GlrneTis had 
the pan net J)fpf^ttr<r, that he 
««DII» tltco^rif, where he out sun - 

«t, tad a&Ayed three the »a h oij^ht: 

Aa^ i0 the aaid Wiilinm did nut come there 
iMvitj^ HHimmft. Hie Iflth dav uf May la^t, 
AtAfptociit V n r; to Port^WiHiHm, and 

tmUmaalci Stewart upon 4 lie street, 

1(1 III It um answer was ready ? that 
f Willram Mid, that be would lei him go 
J, feodwinil i'*'^" * ■ '^-sn house, and 
^ tbarealUr .irt, ipouae to 

i W(nt«iii,€amr u u. ... ., and gate the 
I lhr«* gwooui. with uhich the depo* 
Lttck imnjrtll;ik'U to Auchara, and 
liesaid Hatur- 
Lij he came to 
iicit at home; but 
rt»al, tioTrCf- came, 

' ^'JU, 

af 



^aiir tlie orp 
tatlis lanacl, mild 
' liriAOcicfi 



I a ^fiari«r ol* a iPiile Umn Auctt^in . that, 
8w ■ aoir te f>, 1 19, of tUit ? (dinoe. 



A. 0. nss. 

rmSmtmty upon Ihia nottoe, Mrt, 
the pann^l'a wrfe, and the deponent, went tti'^ 
Inshaiif, and by the way tlie deponent offeretj' 
the three guineas he had brou|;ht from Port- 
William to Mrs- Sicivart, but she desired him^' 
ro keep them : that, upon their arrival at IqV 
shntg, ihey found the pannel a priaooer; but. 
Mrs* 8tewirt and the rloponent baring had ao' 
cess to converse with the pannel apart, the pan^ 
uel asked the deptment, what money hebroucrhf 
from Fort- William? and upon the deponent'4" 
telling him, that he brought three guineas, the 
pannet pulled a green purse oat of his pocki 
out <»f which he took two gt]iD€its,aDd gave theni 
to I^Int. Htewart, and Mrs. Stewart delivered tb 
two guineas immediately to the deponent ; an^ 
the pannel desired, that the ttve gaineaa shouW 
be sent to that unhappy man^ meaning Allad 
Breck, to see if he could make his escape 
and pitched upon the deponent as a person Ina 
should go with the money ; and does not rcJ 
member positively, that the pannel spoke abou'^ 
Allan Breck ^s clothes : that soon ihereafler th( 
pannel nas carried off by a parly to Forl*Wil* 
liam, and the deponent returned to AucharW' 
with the pann* Ps wife : that the partv and pan- ' 
riel called at Auchnrn, and took a a ram ; ati^ 
upon their going off, Mrs. Stewjirl.the panned 
wife, io»il iht' deponent, that he must go U 
Allan Hreck with the (i»e guineas and hr 
clotht's ; uud upon the deponent's inquirini 
where he would find him? Mrs. Stewart tol 
him, (hut he would cast up in Koarisoacuatil 
Depones, that, ^ome time after night- fall, th( 
deponent got his supper at Aucharn, and hov 
soon he was done eating, Mrs. Stewart, tK( 
pannel's wife, carrieil the deponent to the bad 
uf the brewhouse, where there lay a sack, om 
of which the said Mrs. Stewart took a blue sid 
coat, red wui*>tcoat, black breeches, a hat, am 
!«ome shif Is all which she delivered to the 6i 
ponent,orderin5j him lojjo with theclothesai 
money lo Koaliauacoan immediately, and d 
liver them to John Breck Maccotl, boumap 
Appin, if he did not meet Allan Breck hiinself^ 
Depones, that the said Mrs. Stewart directed 
the deponent not to carry the riolhes lo Jobti 
Breck MaccoU's house, lest any body tpighi 
Kee them. Drpones, that be declined going, 
and told Mrs. Hir^wart that she might send 
some other peruon, and I hat, at any rate, he 
dill not chuse to go alone in the night-ttme; 
but that Mrs. Slrwurt inMitted uiwn his goings 
telling there was no 4'tlicr body kbe could send» 
»n tkjth her servants were ^0T>e to Fort*Wil- 
iiam, and dpsired ihe deponent to carry his 
aister^ Marg^aret Stewart, a part of tke w«y 
with him: that accordingly the »uid MMrgaret^ 
\m sister went along with the de]>ou( ut bs farai 
Larich in Olenco, where bhe piirtt-d «uh htn 
about daylight Sitoday-moriijng: that there 
afler the depoornt trav(*lfed alone to Koalisna- 
cotin, and lefv the clothes, as; directed, at the root 
of a lirtree, at somi; distance troin the houses ; 
and as the depoitent tvas going to the hou!»e, he 
met said John Brei k !\IaccoI1, and asked him if 
Allan Breck f*as tlKfrr? And upon hi* deny- 



s 



US] 25 GEORGE II. 

10^ that he was there, the depoiiuut ex|)re&scd 
■omG Kurpi'ise, and told that he was sent with 
money and clothes to him ; told from whence 
he came, and how he g^ut iiie money and 
clothes ahove-mentiooed ; uiion which the said 
John Breck Maccoll told the deponent, that 
Allan Breck was in the heugh of Corryna- 
keigfh, above the house of Koalisnacoan ; and 
if the deponent inclined to see, the said John 
Breck Maccoll directeil him to i;o to a hill 
above the houses and whistle, and that the said 
Allan Breck would come to him : that the de- 
ponent answered, he hod gone far enoui|;h after 
the said Allan Breck already, pointed out to 
John Breck where he had Ictt the cloihrs, and 
ave him the five guineas to be given Allan 
(reck. Depones, that he went to the said 
John Breck's house, where he slept for some 
time, and thereafter dined with the said John 
Breck at his house. Depones, that the said 
John Breck Maccoll told the de|M>nenf, he did 
not knaw how the said Allan Breck could leave 
the country, as he had no victuals, and he, the 
said John, bad none to give him, and desired 
the deponent to go to Mrs. Alacdonald of 
Glenco's house at Infer, and get a peck of meal 
for Allan Breck's nse, which the dvpouent re- 
fused. Depones, that the said John Breck 
Maccoll told the deponent, that, unless he had 
come with the money and clothes, he, the said 
John Breck, would nave been obliged to go to 
Fort William for money to the said Allan 
Breck. Depones, that he, the deponent, came 
back to Aucharn upon the evening*- of the 
Sunday the 17th day of May last, and ^he pan- 
nel's wife asked him if he had seen Allan 
Breck P And upon his answering he had not, 
and telling that Allan Breck was at Koalisna- 
coan, though he had not seen him, and that he 
had given the clothes and money to John Breck, 
she appeared satisfied. Depones, that the said 
John Breck Maccoll desired the deponent to 
conceal his carrying the clothes and money to 
Koalisnacoan, as alM>ve ; told him that he could 
DOt prove it against him, and that he could 
safely depone he did not deliver the clothes to 
him, since he only pointed out where they were. 
Causa scientist patet. And this is the truth, as 
he shall answer to God. And declares he 
cannot write. And further depones, that he 
is a distant relation of the pannePs, though he 
cannot tell the degree : that his father lives ai 
a (juarter of a mile's distanoe from Aucharn ; 
and that he, the deponent, used t'l be often in 
the pannel's house. And this is also truth, as 
he shall answer to Goil. i 

(Signed) j 

P. Grant. Archibald Camfdkll. ! 

John Breck Maccoll^ bouman to Appin in j 
Koalisnacoan, aged forty years, married, I 
sworn, purged and examined ut supra^ by the i 
above Mr. Archibald Campbell, sworn inter- j 
preter, depones, That, U|>on the afternoon of , 
Saturday the IGth day of May last, as the de- i 
ponent was in a fir -bush near Aldavoim, at the 
lb«t of the heugh of Corrynakdgh iu Koalis- 



Tjial of Jama Stetoart, 



[144 



nacoan, he heard a whistle ; and apon looking 
up, saw Allan Breck Stewart, at a little dis- 
tance, beckoning to the dc|KMient to come to* 
wards him ; which he did : that aflec saluta- 
tions, the deponent told him, he was airaid it 
was no good action that occasioned his beiog 
in such a remote place, and at such a distance 
from any common road : that Allan Breck an- 
swered the place was not very far from a com- 
mon road : that the deponent, having heard the 
day before of Glennre's murder, charged Allan 
Breck with being guiUy of it: Uiat Allan Breck 
asked the fleponent, what he had heard about 
the muider ? That deponent answered, that be 
had seen no iierson from the strath of Appin ; 
but that two poor women, that had come op 
Glcno, were telling that Glenurc was mur- 
dered Tiiurstlay evening in the wood of Letter- 
more, and that two people were seen going 
from the place where he was murdered ; ami 
that he. Alia*! Breck, was said to be one of 
them : that Allan Breck answered, he bad no 
concern in it ; and that, if his information wis 
right, there was but one person about the mur- 
der ; and that, as he was idle in the country, 
he was sure he would be suspected of it ; bst 
that that would give him little concern, if he 
had not been a deserter, which would bear 
harder upon him, in case he was apprehcudeil, 
than any thing could be proved agiiinat hini 
about the murder : that the deponent did not 
believe him, when he said he had no hand in 
the murder of Glenure *, and not caring to 
press it much upon him, told him, that, as he 
was alre:idy suspected, it was dangeroua to 
have any intercourse with him, and pressed him 
(o leave tlie place, Icbt he shotdd bring the de- 
ponent and his family to ti*ouble : that Alba 
Breck said, he did not doubt hut the family oi 
Ardshiel would be suspected of the muraert 
and it was probable the [uinnel, and Allan 
Siewart his son, might be taken into custody 
about it ; and that he, Allan Bieck, was afraid 
Allan Stewart the pannel's son's tongue was 
not so good as his father^s ; by which words 
the deponent understood, that Allan was easier 
entraj-.ped than the panuel ; and the deponent 
still mbisting upon Allan Breck*s leaving that 
neigh bourh(N>d, the said Allan Breck told biiD, 
he would not leave the town for eight days, un- 
less some necessaries he expected came to him ; 
and told the de|M)neut, unless some money caine 
for him before next morning, he, the deponent, 
must go to Fort -William with a letter: that 
though the deponent refused to go, Allan Brack 
looked about among the trees, and finding 
a wood- pigeon's quill, made a pen of it, and 
having made ink uf some |>owder he took out of 
a powder-horn that was in his pocket, he wrote a 
letter, which he tcild the deponent he must de- 
liver to William Stewart, merchant at Mmry- 
burgh ; and, upon the deponent's telling bim 
that he would by no means undertake thai, 
as he was informed that every body that 
went to Fort-William was searched, Allan Breck 
said it was an easy matter to hide a letter ; 
the deponent answered, If he was catcbcd 



14»] 



^ Murder. 



A. D. 1752. 



[U6 



IMft iUtt str^H, wltnt would he do witli it F 
Awa Drvck tulil Itim tlmi Ibe letU^r must 
Dot W fbtjotl Upon him by any means, and, 
if lit ttAs culched viiili (lie letter, he must 
m k Wfore it WAS foiinil: that the de|Kmenl 
lbe« loM tJie saiiI Allnn Breck, that he did 
Ml hm9 lint he would be obliged to go tor 
Mmcbpfr next ik)r tu Fort >Villiam, in\vhich 
CMt Ike ini^ht posMbiy carry ihe letter; but at 
l^«lMliiiie tuld the said Allan Brcck, if he 
WW eiirWffd hiUi the leMer, be >voutd tell atl 
hf kwtw abivut him : ibal the said Allan Breck 
liir ifptioritnt 1*1 rrcitci (Ttttbrlor Glcfico's 
fit; I to him, which the de- 

^ par tin|;;« the fdid Allan 
loAii ibc tlfc^jionfui, he would see him next 
Hcftooe*!, that, at llie time of the abo?e 
'^MUfio, ihtf ftaiil Allan Breck Stewart was 
ia n iluii'Colouied i^rcat coat, black 
until, ftsid blue trow sera atriiied with white. 
t\tm 4tfoneui ha%in|^ seen iu court the 
ftliortcoAt with the buttons on the poc- 
9m6 iW trowsers, depones, that th«y are 
ttod trowfiers he saw the said AU 
Bt9«k wtw, Of exactly like ihem. De- 
li tkttt c«rly QpOD Sunday mornini^ the 
dtjr of Hay last, u the deponent got up 
ftlnait luN cornt, he saw a man, which 
t to be the said Allan Breck 
toward* him up the glen ; 
iprr ar, the deponent knew 

-ifwarti irHvelting' pack- 
won in Api^iu (the immedinte preceding wit- 
tiMijt wUo 19 CO U!i in -get man by the father^s 
Bl*t4> AlUn Drvck -, und sdWr salutation^ and 
ikK4r|Miieiit 'ft expressing hia surprize at see- 
Im kim «o early, the stiid Alexander 8tewart 
mmti Ibedcpotieul, tl he had ^nn Allan Breck ? 

AnltW tl-'" '• refusiag hishavioLr sren him, 

Akoa^' . 8e«med surprized, and told 

ihM tie '...-.. : nied he wouM ine^t Allan 

Iknk Iherr: and that he tiad brought some 
9mtmm\t-*> f-r tnirt ; and the deponent inquir- 
iif oita oug!»t, the sutff Alemnder 

JRwrifi I Inm, that he hud Ifrouirlitfire 

foBcoa OAil it(im*i ilniheii ; and lold that he had 
• fRMl deml of trouble iu getting the money : 
Ikai ba bail b^^n mrnt by the pani»p| to WilliAm 
*^ Tchiiiil, at Flirt Williani, Irom 

H guincr.9 ; und that the 
ive him the other two 
BiifiM i -^i ' H t** wife if^^ve him 

ittteain, (1 A (hat Atlun Breck 

^Hki mrel 1. i^ ^uacoan ; but (hat 

■o be f»ouh1 l«^.»fe the mouey and clothes 
VMb ll»t* ill :'un< lit : iniifn this the deponent told 
(W aaiil , that he had seen 

Bt- . and that he e.v- 

iii«i*i4*i^ ttini lold him, that he be* 
Btr^k Wtt« then in the heugh of 
I- < he would go to a hill 

*1 oui tu hi III-, Rud whis* 
' Brfcck 





VOL. XIX 



rSlcw 

much 

I I Alex- 

. auld not 



gfo Ihat length to see bis uncle^si son ; the said 
Alexander Stewart answered, that he Itad slept 
none for two nights, and was very much fa- 
tigueil ; and upon this he delivered to (he de- 
ponent the five guineas, and told he had left iho 
clothes at some distance, and would shew them 
to the de[Minent when he was going away : that 
the deponent told the said Alexandt-r Stewart, 
that Allan Breck wanted a peck of men I from 
Gleneo or Callart*^ house ; and that he, the 
said Alexiinder Stewart, ought to gel ii for him; 
but the said Alexander Stewart refuined to go for 
it ; that, aHerwards, the said Alexander Stewart 
slept in the deponent's house. Depones^ that the 
said Alexander Stewart told him, that the pan* 
nel, and Allan bit son, were made prisoners ttie 
eTening before, and sent to Fort VViiliam ; and, 
upon the deponent's inquiring who was sua* 
pected of Glenure*s murder? the Said Alexan- 
der answered, I bat it was Allan Breck, and that 
it was likely Ihat lite panuel, and Allan his Aon, 
would stanil the first trial for it. Depones, 
that the said Alexander Stewart and the depo- 
nent dined together; and as the said Alexander 
Stewart was going away, about 12 oVluck, he 
pointed out a lir*tree, at (he root of which he 
said he had hid Allan Breck^s clothes. De* 
pones, that, alter the deponent had gone ta 
ned, upon the said Sunday evening, he hetrd 
one knocking at the window, and imagined U ' 
might be Allan Breck ; the deponent got up, 
and went out to bis shirt, and saw the said Al- 
lan Breck at a little distance from the housa ; 
and, upon the deponent's coming up to him, 
the said Allan Breck asked him if any message 
had come ft^r him ? The deponent told him, 
that his uncle's son had come with five guineas 
and some clothes : that Allan Breck cumpbio«^ ' 
ed there wa.s hut little money, but hoped it 
would do his business : that the deponent told 
the said Allan Brtck, he was afraid he would 
starve among the heather; and that he wts 
not able lo help him : that Allan Breck an- 
swered, he had no occasion for victuals, but 
want«^d 8 drink very much : upon w hich the 
deponent ueiit back 10 his house, and carried 
out some whey, or 6ome milk and water, in a 
noggin, and the 6ve guineas, and gave both to 
Allan Breck : thai the deponent then went for 
(he clothes, w hich ho also gave the said Allan 
Breck, which consisted of a blue long coat, red 
waistcoat, black breeches, a hat, some stock* 
ings and shirts ; that the deponent (old the said 
Allan Breck, that the paunel, and bis son AU 
Ian, were apprehended upon account of (jIo- 
nure's murder ; to which Allan Bi>eck aniwer- 
ed,that that was no more than he expected ; 
but tt would not signify much, as there could 
be no proof against thftin : but expressed aoaic 
apprehension, lest Allan Stewart, sod to th« 
pannel, might be betrayed by hi* own tongue : 
that the deponent desired the said Allan, n<»vr 
(hat he haa got all the necessaries he expected, 
to go atiout his business; and the «J)id Allan 
Breck (iromi^^l to do so ; hut told the depo- 
nent, that he must meet him, the said Allan 
Breck, ne*l morning; that he mustd^tlircr tht 
L 



U7] 25 GEORGE 11. 

'depoQpnt the clothes he, the said Atlan Breck, 
had tlien on, to wit, the hiack short coat aDil 
trousers shewn to the deponent in the c1erk*8 
hands, in order to be kept by the deponent till 
he delivered them to the pannel's wife : Ihat the 
deponent promised to meet the said Allan Breck 
next mornins;, hut did not see him ; and when 
the disponent went out next morningf, lie found 
the said short black coat, trowsers, and the nog- 
gin in which the deponent carried the drink to 
the said Allan Breck, lying together in the 
place where the deponent parted with the said 
Allan Breck the night belure ; and found in 
one of the pockets of the said short coat the 
powder-horn now shewn him in the clerk's 
hands ; and depones, that he has not seen the 
said Allan Breck since. Depones, that, in a 
conversation the deponent had with the panne), 
as the deponent best remembers, altout two 
I'ears ago, mention being made of Glenure's 
being about to take the management of the 
estate of Ardshiel from the said panuel, and 
thereby di8abliu|^ the panuel from beini; of any 
service to Ardshiers children, he heard the pan- 
nel say, he would be willing to spend a shot 
upon Glenure, though he went upon his knees 
to his window to fire it. Depones, tliat he 
beard a waif report in the country, that Ard" 
shiel (attainted) liad sent home a message, that 
lie believed all his friends were dead, when 
Glenure was allowed to go on at the rate be 
did. Depones, that, upon the evening of the 
said Saturday the 10th day of May last, Katha- 
rine Maccoll, spouse to Hugh Maccoll, in Koa- 
lisnacoan, told the deponent, that sh^ had seen 
a niiiu in the hcugh of Corrynakeigh that day 
at some distance, and was greatly frighted : 
that the de)M)UPiit told her, there used to be 
' bo|r|es scon in that place, but she must take no 
notice of what she jiad seen, for fear of frii;lil- 
ing the women of the town, and prevent thrin 
from attending their cattle in that part ; and 
that the reason of tellini; her so, was for fear it 
would be known it was Allan Brpck she saw. 
]>epones, that, uhon he found the black short 
cout and trowsers ho saw Allan Breck wear, 
ujKin Monday morning the Ittth of May last, he 
hid them ; and that, after he, the deponent, 
had l»oen some time prisoner at Fort William, 
liccame along with a party of soldiers, to whom 
he shewed the place he hid the said clothes ; 
and the said party took the said clothes out of 
the place he had hid them in, in the deponent's 
presence, and carried them to Fort William. 
Causa scinitia patet. And this is truth, as he 
ahall answer to God ; and depones he cannot 
write. (Signed) 

Arch. CAMrucLL. Ja. Ferguson. 

Hu^h Macclcntif barber in Mary burgh, aged 
S7 years, marrieil, sworn, purged and exa- 
mined ut supra^ depones. That being a barber 
to his trade, and one day being called by th/; 
paunel to the prison to bhav e him, which be 
thinks was upon a i!$aturday, the pannel atked 
turn, what neus he heard in the town? To 
which the deponent answered, that he heard 



Trial of James Stewartf 



[118 



that he, the pannel, was to be carried to Edin- 
burgh on the Monday following: whereupon 
the pannel said, Tliat that was a matter gave 
him ho concern, and wished it hail happened 
sooner, and was afVaid of nothing but tnat hia 
servants might be enticed to take money, and 
turn a^inftt him ; and desire^ the deponent, as 
from him, to tell his servants to say nothing but 
truth, to keep their minds to themselves, and 
he would take care of them ; and accordingly 
the deponent delivered the nannel's message, 
in his own words, to two of nis servants, wii'o 
were then in separate custody in the same pri* 
son ; and that they were botli of the name of 
Maccoll. Depones, that at this time the pan- 
nel gave the deponent a shilling, and said, 
when he came again to shave him, he would 
give him more ; out that he never got more 
from him than the said shilling. Depones, that 
from the pannel he went to his son Allan also 
to shave him, to whom he told the commission 
his father had given to be delivered to the ser- 
vants ; and the said Allan gave him ba1f-a« 
crown.* Causa scienti^e patet. And this ia 
the truth, as he shall answer to God ; and de- 
pones he cannot write. 

(Signed) J a. Ferguson. 

* « With respect to this deposition, it is i» 
be noted, that, after it was finished, the pan- 
nel du-ected the following question to be put to 
the witness by the Lord Examinator, viz. How 
long he had shaved the pannel and bit son, 
before he received the above named shilling 
and half-crown ? and if he had formerly re- 
ceived any payment from them ? In answer to 
which Macclean deposcil. That he had shaTed 
them both for five or six weeks before, nod 
never received any money but the said shilling 
and half-crown. The Lord Examinator said, 
he did not think it was necessary to make this 
addition to the deposition ; but would cause it 
to be done, in case the pannel's lawyers insisted 
to have it done. To w hich one of the pannel'a 
lawyers answered, That, seeing the jury had 
heard the answer of the \ulntss (still upon 
oath) to the intenogatory put for the pannel, 
and that titc judge \\'u\ not think it necessary 
to be added, iie did nut insist for it. Now, m 
the first place, As to the giving of this shilling 
and half-ciown to the barber, vas there noC 
good r.'.*asuu for it ; as they were then resting 
the barber for several weeks shaving ; and that 
he depones he had told them on tiie Saturday, 
they were to be transported from Fort- William 
to Edinburgh on the Monday following? In 
the next place, As ti> the commission given to 
the barber, (which, by the by, is the only one; 
8<» no leabon for saying, as 31 r. Erskine does, 
repeated commissions); it consists of three 
particulars. Fur the first, To tell his servants 
to say nothing hut the truth. Sure no good 
man can find fault with this. For the srcond. 
To keep their minds to themselves. This is 
agreeable to the declaration of the estates of 
the kingdom of Scotland, comprehending the 
Claiaa of Right, &c. and the grie? auces repre- 




jura 



TZniriJ Ct*r^i*atil fn trp 



ftnd, a/irr o- 




frou 



ftl Pulteney'i 

iivurrkili \rH- 
;<-fJ of uinljce 
• bceu called 

iTiipr flrposi- 
^vo 

luiiii^ lib ex^iaihuition; 
kM InuuWt?, was rc- 

■ \ .i:^:m-\ t nji'l liriniT' SO- 

.„t-.^tr,ii;.,l.:-, ,|,;|:in,rs, That, 

July last, to tlie best of 

r.mce, he was sent with 

-n"'--"nTtfr wiih hiro, 

' BrcL'k Mac- 

: .*: uc ten miles 

i over Lochleven j 

lieir gtiiiJe carried 

I of ihe JMi, iiDd 

• i]t of adift iu the 

t bluck coat with 

irtrnin tite pocket, 

< them 10 ihe 

jied them to 

dc]i>o(L(l tuem to colonel 



tmtaf 
ItWoli 



»■' - - --' -■; ■■■, - r'l ♦"- ;• 1{^,- 

not 

..i.«. .... ,.i^M I'lMiile 

1^, ill rcltitiou to other 

: «iie tfiui!- Vtnl he wouUl 



A. Iu-ri1r.r- 



[ wit If iroii 



iwr» Oil 

ton r»tit#;}ail) tiius 
iS, llifUflt taken 

Mtoi fnnn ' 
hwir. iKnt t 



nip thnt 

n to lalie 

when, con- 

M been for 

''<»n lined 

tS i!|fOII 

'-lit 
mt 



III ij 1 1 d 

iu' wan! 

-j.y of wit- 

I'jkW n>;iil to 

, and ll.f tuf- 



htkf rcalK ., 
|fWiWiitArr 



ki.- 



II (^ and 

utvd for 

lUty v%trt Im^ servants ; 
fnirn iheir actual service, 
the pannel's ex- 
urujier now, when 
' .\ to Ih; traas- 
, to let them 
.' I -.-.. lo lake care of 
Uter nil, if any tliin^j 
' in the commis«iion 
i er, a» tiicre docs 
lit' i;^ Ti ^irn'ile' ^^ li, - 



113^ %»i the bt*ivaiits 
U, But, for reft' 
^re», Uiey did DOt 



Crawford. Depones, thnt one of the black '< 
coats, with ihe |io«der-horn and trowsers, that 
11) e deponent took out of the pocket as ubo^e* 
mentioned, are the some thfit his guld^ deli- 
▼eretl to him, and which heddivered to colonel 
Crawford, as ikbove deponiHl. Caum ifcientim < 
ptiUt. And (his is the Iruib, as he shall an* 
s wer to G od . ( Siffned) 

P. Giurrr* Thomas Baird. 

The Prosecutors Proof being concluded, Ihe 
PanncI, for his exculpalton, adduced the fol« 
lowing Witnesses : 

Hugh Steuari, resideuter in Edinburgh, 
aged 30 and upwards, married, being sworni 
purged and examined ui supra, depones, Thai 
he knows Allan Breck Stewart to have several 
times gone to France, and returned again to 
this country ; particularly tliat he went to 
France in 1747, and returned to Scotland in 
December 1749; rel^iroeil to France in Ulay 
1751, and came back in February 1752 ; auii 
when in this country^ he was in use to lodge 
at lite deponent's house in Edinburgh : that he 
oi)^i ved him to be afraid to be seen abroad, 
and kept at home in the day-time, and weul 
abroad under the cloud of night; for which he 
gave Uiis reason to the deponent, that he had 
been a soldier iu colojiel Lee's regiment, from 
which be had deserted, and was' afraid to be 
dti>covercd. And being tutarrogate, depones^ 
that, when Allan Breck went abroad, as has 
been said, in May 175 U he owed the deponent 
a guinea, and, bein*; run short of money, he 
drei¥ a bill on the panriel for that sum, whereof I 
be acipiuiLiied the paunel some time be thinks 
in July i 8h-l : rrac time in August he received* 
the money ' 'I, the Appin carrier; and 

by the sau* ^ent the paunel tlie bill 

upon him. Cix/^.vu icUntU paUt^ And this t« 
truth, as he shall answer to God. 
(Signed) 
J A, FEJtotJiON. Hugh Stewart. 

Duncan Stewart of Glenbuckie, aged 27 

vrnis. unmairltd, sworn, purged and exa- 

\ depoues, That he was ac- 

Ulan Breck Stewart ; and tliat, 

ai any time, wli^exi he came from France to Ihii 

country, he hail no fixed residtrnce to the de^ 

pouent known, but went about amuniz^ his friendi < 

and accjuaintances : that wbeu he cume last to 

8i'0tland, lus tlr^^^ was a long ^ ' i retl 

waistcoat, Idack bret'ctit^s, and . liat: 

that, iu iMarch UbI, when he wus u ieil< depo* 

nenl^s hou^je, he war; in that dresH ; but, at 

^.ii,... v- 't^^ lie hatf seen him in a ili^erenl 

tiiiWIy in Apiil Unit at (>leneuty, . 

V .^j the lnj»l time he -= .v Lim. lii< drese 

wns a bluek short coat, ^^ m^, a 

r<nt III ^rftist('oat, liowsii; , und, 

;icat coat. , 

upon on»- I, 

whtl< liis bouse, Wmti Uie 

first 1 r svo days, to the de- 

poncj \ wore a short blue 

coat J. 4ch the de|»0Qeiit, al i 



151] 



25 GEORGE XL 



Trial of James Stetoarif 



[15« 



his c](»ire, lert bim ; and whether he wore it 
any more than two days, of the ten days be at 
tliat time stayed at the deponeot's house, the de- 
poneot docs not know, not having^ been at home 
all the time. Causa scientia patet. And this 
is truth, as be shall answer to God. 
(Signed) 
Ja. Ferguson. Dun. Stewart. 

Duncan Ferguson, servant to Duncan Stewart 
of Glenbuckie, a^ed 29, unmarried, sworn, 
purgfed and exammed ut snpra, depones, that, 
about the 20th of April last, lie saw Allan 
Breck Stewart at the house of Branacbile, 
the house of the former witness ; at which 
time he was dressed in a short black coat with 
clear white buttons, a tartan Test, trowsers, 
tartan hose, and bonnet. Depones, that he 
stayed there two nights, and went from thence, 
as the deponent was informed, to Glen6nlas, 
and stayed a night there. Depones, that the 
deponent also saw him at Glenbuckie's house 
in March last, at which time he was 
dressed in a blue coat, red vest, and feathered 
hat. Causa scieniuepaiet. And this is truth, 
as he shall answer to God; and depones he 
cannot write. (Signed) 

P. Grant. 

Duncan Stewart in Glenfinlas, aged 32 
years, married, sworn, pnrged and examined 
ut supra, depones, that one night, between the 
20th and 23d of April, the deponent saw Allan 
Breck Stewart at Glenfinlas, and was dressed 
in a black short coat and white clear buttons, 
trowsers, and a bonnet, and had ou a dun big 
coat above the short coat. Causa scientia 
patet. And this is truth, as he shall answer to 
God. (Signed) 

P. Grant. Duncan Stewart. 

Katharine Macinnes, late serirant to Alex- 
ander Stewart of Ballachelish, aged 22 years, 
■worn, purged and examined ut supra, by i\lr. 
Archibald Campbell of Stonefield, sworn inter- 
preter, depones, that in the evening of the 14th 
of May last, the deponent saw Allan Breck 
Stewart at the goat- house in the moor of Balla- 
chelish aUer Glenure was killed; and that 
Allan Breck then asked her, what was the 
occasion of the stir in the town? and that she 
told him, Glenure was murdered ; and further 
asked her, who might have committed the 
murder? and that she told him she did not 
know ; and that the said Allan further desired 
the deponent to tell Donald Stewart in Balla- 
chelish to ^o to the pannel and desire him to 
■end the said Allan money ; and that she deli- 
vered this message to Donald Stewart that 
same nii^ht. Depones, that she told the said 
Donald Stewart where she saw Allan Breck ; 
but that she did not tell him to go to the said 
Allan, nor did he desire her. Causa scientia 
patei. And this is truth, as she shall an- 
swer to God ; and depones she cannot write. 
(Signed) 
P. Grant. Aboh. Campbell. 

John Stewart younger of Ballacfaelitb, aged 



SG, unmarried, sworn, pnrged and examined 
ut supra, depones, tliat, the day after the mur- 
der of Glenure, the deponent was at the pan- 
nePs house, who after 12 o'clock of the day, 
told the deponent, that he had had a message 
that morning from Allan Breck by Donud 
Stewart, to send him money ; but does not re- 
member, whether the pannel told him the place 
where he was directed to send it; and the pan- 
nel told the deponent, that he was resolved to 
send him money. Depones, that the last day 
of December last, the deponent was in company 
with the deceased Glenure, an uncle of AnC* 
shiel's, and the pannel, and Mr. Campbdl of 
Ballieveolan, when, after the company bad 
drunk very hard, and were all drunk, some 
high worcis arose between Glenure and Ard- 
shiePs uncle, and they were like to come to 
blows, which both of them attempted ; hot the 
deponent once and again separated them : that 
Ardshiel's uncle happenea to go out Of the 
house, as did also the pannel, and the depo- 
nent called to the people without not to lei 
them in again, because tbey were drunk : that 
the pannel had invited Glenure next day to his 
house, which Glenure had accepted of, and 
therefore the pannel pressed to come in again 
to the house to renew the invitation, and take 
his leave of Glenure; but the deponent wooht 
not allow him to come in, and undertook to 
make his excuse to Glenure: that the depo- 
nent, coming into the house, found Glenure 
standing with a drawn hanger in bis hand ; and 
the deponent asked what he meant by that? 
and Glenure answered. That he should not 
allow him to be mobbed there ; upon which 
the deponent assured him he should not be 
mobbed there; and then Glenure threw the 
hanger upon the bed : that the deponent went 
home with the pannel, and next day Glenare 
came there before dinner, and dined, and iiiade 
apologies mutually for what passed the night 
before ; and that Mr. Campbell of Ballieveolan 
dined there also. And being interrogate for 
the pursuers, depones, that the deponent wti 
in Edinburgh in August last, and was present 
at consultations of the pannel, bis lawyers and 
agents touching his defence. Causa scieniis 
patet. And this is truth as he shall answer 
to God. (Signed) 

P. Grant. John Stewart. 

Alexander Stewart in Auchindarrocb, aged 
about 18, unmarried, witness cited, sworoy 
purged and examine<l ut supra, by Mr. Archi- 
bald Campbell of Stonefiela, sworn interpreter, 
depones, that, to the best of his knowledge, he 
saw Donald Stewart in Ballachelish and tho 
pannel together, upon the marches between 
Aucharn and Auchindarrocb, in the morning 
of the 15ih of May ; and that he himself wti 
at the time digging ground, with the other 
tenants of the town. Causa scientia patet. 
And this ii the truth as he shall answer to God. 
(Signed) 
Arch. Campibu.. Aux. SrribWABT. 
P.Gbabt. 




A. 



iircrioGod* 




Sitmari of Batlacbdifih elder, 
lltaM CJittl, sworn, purged and examined ut 
MM, 6epwi*»9, llial liitf drpotierit wus witb 
Ainii Qreck Slevvart^s father a cmiMderable 
ttaue litlbrv hi* d^^nth ; fifit, nf^er he huil coii* 
trMAcd tfae H T he died, he 

mid till* ^»L td to leiive the 

csxeef lib ciiiidrei), umj ij bis .ilTmrs, to Ard* 
•W iml Uic paotiel : that the dcpouent knuws 
lkaj«airdin|;ly took upon them fhe maoag^e- 
VAU, tbo«igb he hehere* th<; nomination \vaii 
wff f erhfti, «nd not in wriiioi^, Ca asa scicntia 
ftUi. AxmI this is the truth, as he shatl an- 
(Signed) 

Alex, Stewart- 

>^nt in Auchnacoan, ig^ed 
witness cite«J, sworn, 
iipd ut iupra^ depones, 
lier^Ai he beliefes, named 
tjiyr to hi» children, and 
r; mud the cause of the deponent's 
he saw the pnnnel lake the 
Bl (/ their atfiiirs upon him. Cauta 
patri. And thin is ihe truth as be 
tftall atfswer to God. (Signed) 

I*. O AAftT. John Stewart, 

J«Am FtockMmri^ writer in Edlnburc^h, {iged 
30 ami ypwanls, tPErried, witness cited, sworn, 

EJ an«] eaLSmiiied ut supra^ depones, that 
tliown a letkT hy the pauuel to Mr. John 
yrloiie, writer in the )iignet, dated the 19th 
«C limy h^t, ffepoTtcs, that Ihiit letter came to 
Ike flr^fiov I 4 1 Edinhiirgh by course 

ef^^OKl tbt ^ . i\ty last, and llie deponent 

MB|( lf» Ctv for I'ltHi next da)% he gnve the 
iHler to Alexander Hart, clerk to Mr. Macfar- 
ham, %» kc «t«literf<d to Iun luMster ; ond kuons 
aaC irlwilMr Muy thing \\as> finne by Mr. Mac- 
hrtiar^ |i«mttant to that letter. Cttusa icieniia 
fdUI. Afld lht» is the truth, as he shull ao- 
MtrlaCM. (Signed) 

Jo. Flockuart. 
Aflil ifl^r closing the oath, heinj^ further in- 
tani|fs4r fi»r the pnnueU depones, That there 
WM IM^ olticr letter Bccompau^ing the one 
Wfaft^OHndkined, And this is also truth, as be 
iliU ^mm mr to God . ( Sig u ed) 
P. Gkakt. Jo. Fuxkhaut, 

Jtkm Ci»mnron of Htronfi ai^eil a 5, married, 
vita^sa CiMd, aod sworn ut iupru, depmics, 
iWl, aboiM a ye«r ago, beintf in company ivitlt 
i^« of ibe tetianl* of Kaunoeh, in a house 
ii EUiMKKh, a mait came unto them, whuru 
llffcalleil serjrant More Cameron, whom ibe 
Aqisucgit o^^er «sn l»»'rr»rr, nor <i>inc*e! that the 
iMDta w«re <*in ne for his ' 

hmi iHi«e of i Uel ; and ' 

ftttiii ' thtii ir lie met bim ^ 

btli« i «4|joot bmi. Cama i 

SBitfilmr >^^irj. rVuu tiif» IS the truth, ai he I 
ilai aavwcr to Go4« (Stoned) 

P.Gjukt. Juhm Cameroh. 






Cafucrofii aert ant to John Cameron of 

BlffMC, ijfvd SU jrtars, unmarried, «rituess 

' ifWmwmt purftd and eAuuucd »( lupra^ 



by Archibald Campbell, writcf iu Inverary^ 
sivorn interpreter foresaid, depones, that he baU 
occasion to be in Usoaoch harvest last : that 
he saw there a man that v»as cmIM serjeant 
Mure Cameron, whom he never saw before, or 
since. Depones, that he saw the man cnlled 
Serjeant Mure in a bouse ; but does not know 
the name of tbetuwu, or the name of the man 
to i%bom the bouse belonge<l, the deponent 
having never been in Ranutieh bul that one 
time. Depones, that he beard the said 8er» 
jeant More say, that, il he, the said serjeant 
More, met witti Gleuure» be did not care 
Ibou^b he should he up- sides with bim ; but 
bad uo reason i'nr saying so, he batingf heard 
no more of his rtiscoirrse. Depones^ that Iba 
depoueiit wns then seri^stit to the foruier wit^ 
ness, und was then iu Rarinocb altetuUng bitn 
Cuuita $cienita pattt. And this is the truth, r ' 
be shall answer to Got I ; and deciares be cai 
not write. (Signed) 

P» Grant. Arcu. Campbeix* 

Then ibe Procurators for the Pannei di 
dared their Probation to be concludetl. 

Follows the WitrriNGs proocfced in Eviocwd 

FOR THE PrOSECCTORS. 

The Judicial Declarations of the Ponnel^ hii 
IFi/f, and Children, 

At Fort-William, the 2d day of June 1752 
years, in presents of Georjje Douglas, sheriff- 
substitute of the sheriffdom of Inverness, 
sitting it) judgraeot, compeared James Sttrwart 
in Aucharn, now prisoner at ibia place ; who 
being judicially examined aneut the matter 
underwritten, declares judicially, That Allan 
Breck Stewart came to his house in the latter 
end of March, upon his coming from France ; 
that be stayed two nigbis there, when the de- 
clarant went tit Edinburgh, leaving the said 
Allan at bis hou!;e: that ibe said Allan came to 
the declarant's house iu the mouth of April. 
aAer being at Glenbuckie^s and Rannoch ; and 
that, upon Mimday Ihe lltb day uf May last, 
the said Allan came to the declarant's house 
from Fasnacloidi ; and ihe declarant being 
called! upon hy Mr. Campbell of Airds to go to 
Keil, had little coo» erMatioti with the said 
Allan til) bis returu, and no other aller bis re- 
turn, than wbat was iu the jiresence of tho 
family; Nor does the declaronl remember, 
whether be supped with the Bsid Allan that 
niifbl or not; but rather thinks he did; or 
whether Ihe s^id Allan ^ins dressed in a lon^ 
blue coat and hat, or in a black short coal with 
iiilver Imtlous : Tbat the declarant thought 
bimtetf concerned in drink that night, havtog 
drunk at the uuller of Keil's bouse with the 
old jU|>er, the y«»ouiy r*iper» llie said miller, atid 
old Duncan Macrnmbicb, tind his son Archi- 
bald: tbe declarant »*^ut away to Appia'f 
house early upon Tuesday the 12lh day of 
May hiHi, imd did not &t e Allan that day or 
since : that when the ilrclarant was at Edin- 
burgh, the said Allan carried a short black com! 
with sdver buttoQS, belonging to the declarant| 



ia-,af?^ 



153] 25 GEORGE II. 

with liim to Glenbuckie's and Ilannoch, and 
wore it upon bis retarn ; wlien the declarant 
told the said Allan, that be wondered how his 
short coat fitted him, as Allan was a larffe man, 
and the declarant a little roan ; to which he 
answered, that it served him well enough : 
that, upon Monday night the 11th day of 31ay 
last, the declarant's son Charles told him, he 
was to ^0 to Glenco, Callart, and Fort-Wil- 
liam ; and that he did not see his said son from 
that night, till he saw him in this place, after 
that he, the decUrant, was made prisoner ; nor 
is the declarant sure if his saiil son went to 
Glenco or Callart till Wednesday the IStli day 
of May last. Declares also, ihat his son Allan 
was at home on Sunday's night the lOlh of 
May last ; but is not sure whether he was at 
home all that day or not. That there were 
no strangers at the declarant's house upon the 
said Sunday's night, or on the following Mon- 
day or Monday's night, nor yet on the Tues- 
day or Tuesday's night following, except the 
said Allan Breck and Fasnacloich's daughter 
upon the said Monday's night. Declares, 
that John Stewart younger of Ballachelish 
was at his house upon W^nesday's night, and 
is sure that Ewan Roy MaccoU, brother to 
Appin's bouman at Koalisnacoan, supped at 
bis, the declarant's bouse, either upon the 
Wednesday or Thunday's night the ISth or 
14th days^of May last; and that the said 
Ewan Roy Maccofl was also at the declarant's 
bouse upon Saturday thereafter, in the fore- 
noon, along with his sister, spouse to Ewan 
Maccombicn. padler in Cull, and then paid the 
declarant lot. Scots, except seven shillings and 
two- pence, for which the said Ewan Macoom- 
bich, padler, became debitor; which 10/. Scots 
was in pavment of the grass-meal of cattle ; 
and that trie said Ewan Roy Maccoll did then 
p;ive to the declarant a list of debts due to him 
m the country, whereof 20/. Scots was to be 
applied towards payment of a debt due by the 
said Ewan to his said sister, as the declarant 
bad the management of her effects in the 
country of Appin ; and which sister's nornc is 
Christian Maccoll, and was last winter servitrix 
to Mr. Stewart of Ballacliallan : that the de- 
clarant delivered some cattle to Duncan Stewart, 
servitor to Glcobuokie, and Solomon Maccoll, 
servitor to the declarant's son Allan Stewart, 
and John Maccoll, now prisoner at Fort-Wil- 
liam, at tlie marclies betwixt Aucharn and Sal- 
lachan ; and that the said Ewan Roy Maccoll 
was to meet them at Glendurqr with* cattle of 
bis own that were to be sent south along with 
the declarant's ; and that the said John Mac- 
coll parted with them at a shealing called the 
Immcrin ; and that the declarant did not see 
the said Ewan Roy Maccoll since. And being 
interrogate, if he nad any arms in his house^? 
declares, that when he was made prisoner, he 
bad a small fowling-piece and a broad-sword, 
which broad sword was to be kept for the chil- 
dren of the deceased Allan Stewart of Cuil, till 
.they were of age. Declares alio, that the said 
Sq&uuui HbccoUi fotaodly aer? ant to DooaM 



2V/tf/ tif James Stcwartf 



[156 



Stewart at I'ayharnan, came home to his ser- 
vice on the 15th or 16th days of May last: 
that John Stewart in Auchnacoan came to the 
declarant's house upon the evening of the 14tb 
day of May last, and stayed there that night ; 
and deciare<«, that he did not send him any 
message, either that day or the preceding day, 
nor had he any business that the declarant 
knows of. Declares also, that the af\emoon of 
Glenure's murder, several of the tenants in the 
neighbourhood, particularly the tenants of 
Auchindarroch, and Duncan Stewart at In- 
shaig, and Robert Stewart the miller, came to 
the declarant, to know what they should do, or 
whether they should go near the corpse ; and 
that he advised them to go ; but that neither be 
nor his son Allan went there, because he un- 
derstood that Ballieveolan and his sons were lo 
be there; and that there were some cliagrine 
lietwixt him and them, they having taken the 
declarant's possession the year before, wherein 
he had a stock of cattle, viz. Glenduror, a part 
of the estate of Ardshiel : that when youiup 
Ballachelish was over-night at the declarant^ 
house as aforesaid, they had a conversation 
about the removal of the tenants from the 
estate of Ardshiel ; the result of which was, 
that they should continue their possession, and 
take the hazard of the violent profits, unless 
they were forced out ; and that he had conver- 
sations with old Ballachelish to the saiae 
purpose ; and that he g^ve tlie same opiuion to 
such of the said tenants as applied to him ; 
but recommended to them to use no force in 
keeping their possessions ; that the dechirant 
had no written, but a verlKil commission Iroqi 
the said tenants, to negociate for them at law ; 
nor did he receive any money from thf m ; but 
that the tenants of Lettermore and Ardshiel and 
the miller promised to refund his expences for 
representing their case, particularly Dugald 
and John Maccombicks in Ardshiel. And 
being interrogate, if he had any conversation 
with the said Allan Breck concerning Glenoref 
the said Allan asked the declarant, if be heard 
that Serjeant More was come from France, or 
if he was in the couutry of Appin ? To which 
the declarant answered, that he did not hear 
he was in Appin, but heard he was in Glenlive 
last year ; whereupon the said Allan told the 
declarant, that serjeant More swore he woold 
kill Glenure, because of the treatment he gara 
the tenants on the estate of Mamore, |)art of 
Lochiel estate. Declares also. That the aaid 
Allan Breck threatened, that he would chal- 
lenge BalUoveolan and his sons to fight* 
whenever he met them, because of his re- 
moving the declarant last year from Glendu- 
ror, and being about to remove the otlier te- 
nants this year from some other parts of the 
estate of Ardshiel; and that the declarant 
told him then, they would not tight him, as 
they would not consider him as their equal ; 
and if be bad come to the country to ^ht, ha 
had better stayed in Francer And being in- 
terrogate, if be had any conversation with Wil- 
lium Stewart, msrohiUKt in Uarybargh? de- 



At 



for Murder. 
Ii4«l^ nhoul tlie expediency of the 9B.u\ 

klU lIiHr ItrrriiinLi' ttnlr i«ns^cssit>nS J and 

' pinion, that 

us ; and that 

'i.entcd to the barons df 

. was hard they should 

< 4Mil, utitti iheir cane was ststeiL 

fi«1^H, if l»i* fiad any convcvsftUoti 

' ? declares, 

cf»Tiimonly 

' cid he- 

Muc\ ? 

till the 

I'tgpi^ajf, 1 ! hefoffe 

"■ ' 'lii ,,., . ..1^ i.iie foi^- 

r tlie»e N , '..'0 Ion el Huwanl, 

^fttrrl. 1 impbell ot" Airds, 

bin, esqra, 

James Stewart. 
George DotCLAs, S. 8. 



A. D. lltA 



[I5S 



^F ' 


^ being 


^B" 


reco!- 


^MPi 


:ib 




ijt 


^^B^Mjp, 


-vKiie- 


^^Ki 


•tccla- 


^^B^l' 


». ...^y 


^^^Karmi 


.:..- "-- ^ ' -■■G 


^^^■M> 


1 Afrpia proposed 


^^^^^^KlbO(3 ' ' 


r^Tn in Innd : tbtit 


^KoTth' 


c heard of Glennre's 


^^it ir 


- mind, Ihnt ^vrjratit 


^■■■i 


iuae Allan Brct'k totd 


^^PFx 


r 9Wr»rp hjoody rr Ttitg-e 


^Hkuhui^v 


foiL !i it catnefrom 


^Bv, UfMfi ftccfiutit " H treatment 


l^tftd-j'. 


' IV kh 


J'lWC^ 


chlel: 


3^|llMr«*'T ir.iKi^c vr.t^n|. ir.: AHaU 


^■k afunriirds 


was, been i>. the 


PPinfr ...->'•.., 


ritl^n„f •oliii^ ,..;,. uf him. 


uhtPSj 


1 Allan was puilty 
^ it behofeil to b*; 


iriu«L 


•« acsPMri ni ttte 


given to thete- 


Mia Lf rhr c>':i'i 


1^ and knows no 


^V 


htj did set out for 


^^^^_^' 


5d day of April latt» 


^^^^^H^ 


t, the4rh allnoerken- 


^^^^^^^K 1 


iha 6\U at Ann at, and 


^^^^^^^Kv 


nd was that nigtii 
oil's honwe at St. 


^^^^^^^K|' 


Ig'ota 


^^^^^H^^_ 


.icrief. 


^^^^^^ 


, ...lied at 


^^^K- 


jll, flud WAS 


^^^^^ 


,.'. hn.„^, 




':Mf? 




tie of 


^^^^^^^E 


ur^^m 



uoday Illy 19ti«p VY4& tUut cii^hl 
2 



at Danivan, called at Wr, Wilaot^s and Mr. 
Wordie's and was at Hiirling at nigfht ; which 
pfacc hp left on the 21st; called at Mr. Dun- 
das of Manner's house, Dunblainnnd Newion» 
and was at Annates at night ; tjpon the TId 
catne to HallachaUao's, and stayed there that 
niirlii; came to GtenbtickteSi the 93d, and 
stayed there two nights ; on the 25ih came ta 
Tuyindronn ; on the 26th carne lo 0nncan 
8te\Tart's house inGlenco ; and iipnn the 27 ih * 
came liorae : that, upon the ^5th, he calk'd at 
Mr. ftfurmy of Grenkemtrck : Tliat, soun 
after the declarant came hofHe, he gntm 
notice to the tenants of Ardshif I, that he Jiad 
procured a Rjgt for them against the decreet 
of removing- ; and that, if they had a mind 
ti> continue their posi^essjons, tW}* «vere ad< 
viaed to ^o lo Ck^niire and fivei their po«- 
aeasians, and if did not grant their flesiie, thejr 
should tend for a notary, and go with him to 
protect ai^inst G tenure ; and if they fijcns«ii 
he wauld send h>r a notary; to which they 
»0f€ed ; that accordingly ihe declarani sent 
for Charles Stewart, notary, and writ him a 
leltpr, sigtiifving ih^y had obtained a mt for 
the tenants of the estate of Ardshiel, and de- 
Kired him to come to intimate Ihe same to 
Glonurc, to the purpose above-mentioned ; aod 
that the f^aid Churle§ did accoidingly come to 
the derh'-'"''^ house at night, and the tenants 
r;«nif rning ; and that the d<?clnrant 

UfUi lUi: . , . , -:3L'nre oi'the aaid Charles, that, 
if it was not their mind to proceed in that me- 
thod, he would not desire tham to do it, beoiiuse 
he could not assure them ofsnccesa ; and Ihnt 
now they had the advice as it was gifen to 
him t sod particnlarly rcnjeoihers, that three of 
th I* tenants of Aidshii?! met the notary at the 
d**Cl«nint's house, but is not sure if old John * 
Coftpihoun. thf foonb tenant in Ardshiel, waa 
thcT?, hut rnihcr helievt« he wa«! : that he wia 
informed on fVlomlay the 11th day of May liat^ 
tty his smi ChaKej*, Altan Breck, and Fasna- 
cioichN daughter, that they heard G tenure 
was to qo to Lochaber that day. Declares, 
aJso, that he saw James Htetvuft, younger of 
FasuMcloich, at Glenr^V ]^riu^r upon the 5lh 
dayof I^Iay last, wh*' ■ "hat he had 

done at Ethnburgh T : mt told him, 

he bad procured a s\st for the tertanls of Ard- 
sfaiel's estate ; and that he did not know what 
service it might be ot* but that some people 
thought they might fit, and take the hnzard of 
the violent profits, till they had nu oppoi-ttuiity 
of l.iyinp their case feetbre the hnroni of I'l* 
chet[Mer: that at this time the il ' tuhl 

tlie said James Steirart, tli.U hr lue 

personsof underslnndiuij were pi' -^' "i <.» <h» 
term*d»y, lo see it theie u»< law for e)f*c|ifi|{ 
them; and naked the snid Jjmr'- ii Iw tia* |,| 
be iu Durnr about that tuud * , liu 

did fjot l.ivAf : that wIh 11 'h* ^' > ■ w 

j:t lidi«th wn 

h' ,l,iffuM^ 

tellAUtti, tu 

them out ? v, 

to liifvrtry. Di^biv* ul^, that i«i giiUdA- , 



159] 25 GEORGE II. 

he recommended to every body not to make 
anv disturbance, and particularly recommended 
to his own servants not to be present, not know- 
ing what might happen if a mob of people 
gathered ; nor did he intend to be present him- 
self. This declaration is emitted judicially, 
place and date foresaid, before these witnesses, 
colonel Howard, Donald Campbell of Airds, 
and Colin Campbell of Carwhin, esqrs. 

Witnesses, (Signed) 

G. Howard. James Stewart. 

Donald Campbell. George Douglas, S. S. 
Co. Campbell. 

At Mary burgh, the dd day of June 1753 
years, in presence of the said sheriflf-substitute, 
compeared the said Jamet Stewart^ who, after 
having his former declarations fully read, re- 
collects, that he was not a night at Annat, but 
called there on his way to Edinburgh, and so 
was a day sooner there than what's mentioned 
in his former declaration. And being interro- 
gate, if Allan Brcck, the declarant's son 
Cliarles, or Fasuacloich's daughter told him, 
when she came to his house upon Monday 
the 11th day of May last, that Glenure had 
got the said sist removed ? Declares, they did 
not; but that one of them told him, he heard 
Glenure was to remove the tenants of Ardsbiel, 
but which of them said so, be does not remem- 
ber. This declaration emitted, place and date 
foresaid, before the said Donald Campbell of 
Aird^ and Colin Campbell of Carwhin, esqrs. 

Witnesses, (Signed) 

Donald Campbell. James Stewart. 
Co. Campbell. George Douglas, S. S. 

At Marybnrgh, the 3d day of June 1759 
years, in presence of the said George Douglas, 
sheriflf-substitute of the shire of Inverness, com- 
peared Allan Stewart son to James Stewart in 
Aucharn ; who, being examined judicially, de- 
clares, Thati Allan Breck Stewart came to 
tlie declarant's father's house on Monday's af- 
ternoon, the 1 lib day of May last, dressed in a 
long blue coat, red waistcoat, black breeches, 
tartan-hose, and a hat ; and after being some 
lime there, did put off his blue cttat and waist- 
coat, and put on a black short coat with silver 
buttons, belonging to the declarant's father ; 
and went that afternoon to work with the de- 
clarant's father's servants in covering potatoes : 
that the said Allan Breck stuid that ni^ht, and 
was dressed next morning in his blue coat and 
red waistcoat,! as the day before : that the de- 
clarant did not see him go away from Aucharn 
upon the 12th, the declarant being in the fields 
from the time he rose in the morning till twelve 
of the clock thpt forenoou, sowing barley, ex- 
cept once that he made a start home for more 
bear. Declares, That upon the af^rnoon that 
the said Allan Breck came to Aucharn, as 
aforesaid, he told the declarant, that he heard 
in Glencrearen, that the tenants \i ho hatl taken 
the lands of Ardshiel were to be at Glenduror 
on Thursday's night, in order to enter to the 
postesuon on Friday the 15tb day of May last; 
Md told him likewise, thai he heard GlcDore 



Trial of James Stemartf 



[160 



had come home, and had orders to remove the 
former possessors: that Archibald Cameron, 
cousin to Drumnasailly, came along with Fas- 
nacloich's daughter, and the declarant's brother 
Charles, to his father's bouse, upon the sud 
11th day of May last, and staid all night; the 
said Allan Breck having come by himself aboot 
two of the clock in the afternoon* that day : 
that the declarant's father convetaed with tie 
said Allan Breck aside, upon his firtt arrml 
at Aucharn upon the said 11th day of May; 
but that the conversation did not last above 
five minutes, or thereabouts ; nor did the d^ 
clarant hear what passed : that the declarant^ 
father did not appear to be the least in drink 
upon his coming home upon the evening the 
Monday aforesaid, but told that Mr. Campbell 
of AirJs had given the declarant's father, and ; 
the tenants of Keil, three or four bottles ef 
whisky ; and that the declarant's father anppsd 
at home along with the said Allan Brack 
that night : that, upon Tuesday afternoon the 
13th of Mav last, the declarant, and the 
said Archibald Cameron, and Donald Mae* 
donald, brother to Glenco, went to the isle of 
Bailieniigowan ; and the declarant, and tbenU 
Donald Macdonald, returned in the evening to 
Aucharn; but the said Archibald CamerM 
went to his aunt's at Cuil : that in the 



of the 13th of May last, the declarant wentto 
Sallaohan, where he saw John More Madh 
chatten, and delivered them a mare and a fiHyt < 
and then returned home ; and in the atlenMNa 
of that day went to Kintalline, in order to goto * 
Tayphinst; but being informed by Doodi 
Mackendrick, the old piper at Keil, whoa hi 
met there, that young Ballachelish was to b 
at Aucharn that night, the declarant rctWMi 
with the said piper, and went along whh \m 
to the moss: that accordingly BallaebcWi 
younger came to, and staid at the declaraat^ 
father's house that night, and went next dav li 
Apnin's house : that the said Ewan Roy Hsc- 
coll, brother Co Appin's bouman at Koalisai- 
coan, wrought at the declarant's father's peal* 
moss upon the said 13tli of May last, and jap- 
ped at the declarant's father's house that nim 
and believes he took his bed with Duncan Nae" 
coll, his uncle's sou, at Auchindarroch tbiK 
night : that, upon the 1 1th of May in the 
morning, the declarant went up to rreichii^ 
and returned by the houses of Glenduror, utaa 
he saw two women, and spoke with one if 
them, to hinder the cattle to trespass on hii ftp 
ther's grounds ; and whilst the declarant m 
speaking to that woman, he saw a man yawi ig ^ 
at a litUe distance, who was enqainng M ^ 
Glenure, as the said woman told the declariltl jj 
which man the decUirant thereafter obacrrcl j| 
travelling on the road towards Auchindarroch: sm 
that the declarant came ••«»•»•«* hnm^ Ana P 
Glenduror, and continued 
to Inshaig, along with his 
Fasnacloich's daughter, and continued tbM'J 
till the news of Glenure's murder reached Ml ; I 
father's house, where he heard the finl M- i 
counu of it, Glenure'i eenrant being jiiilgaa% i 



ma mwaras Aiicnmaanocni ^ 

came straight home ftoH * 

uinued at home till he wMl $ 

riih his brother Cbarlee oi ¥ 



Jot Murder. 

cUrant wu iDformed : that the decla- 
at home all day the 15th of said May ; 
t be made a start to Cuil, where he 
onpany with Duocan Stewart senior, 
■can Stewart younger, his son, and 

Stewart at loshaigf. And bein^ tn- 
e, what coDTersation passed betwixt 

Ua father, on his return home from 
f bis, father told him, That Glen ure's 
Ma there; and upon the declarant's 
ttkiojif his news, he told him the worst 
r be had ; that his master was killed at 
Hw ; and that his father asked, if it was 
t; ami that the senrani answered, that it 
nI that the said servant also desired his 
I go and take care of the corpse ; which 
Mcd to do, but that his wife would not 
I . but that he sent for the tenants of 
tafTOcb, anil desired them to ^o to take 
be eoqise ; and that the reason that be, 
karaat, did not ffo to take care of the 
was, because it did not at tirst occur to 
nd that it was too late, and the rest of 
pJe ffVHie; yet it was clear day light, 
lbs ibe aun w as Sf t ; and that the decla- 
laiber also hindered his going, and as- 
br a reason, that if the friends of the 
I were there, and had arms, they 
n their passion, do hurl to him and his 

Mid that he was but a little time at 
fkcr his return from lushaig, when he 
anre'a aerrant returning from Glendo- 
I paaainflf towards Kintalline : that the 
It thiDka his brother Charles went in 
mooD of the 14th of May last with Fas- 
I'a daughter, and the said Archibald 
«« and the declarant's sister, to Lagna- 
ere they dined in Alexander Stewart 
m hvuae, and afterwards came back to 
a, aod then went to Inshaig as aforesaid. 
9^ that be heard the said Ewan Roy 
1 say, upon the ISth, two several times, 

waa bard in Glenure to turn out the 
Imaols of the Ardshiel estate, as they 
nr rents Hell,and offered an au^menta- 
rcol, and nere willing to give obedience 
government ; and that one of the times 
vr breakfast, when the people were to - 

at. the end of the declarant's father's 
going to the mc»Ks ; but that his father 
t pfesent: that some of the tenants of 
glibourhood were there, as well as his 
t servants ; aod that they generally talk- 
ie same strain niih the said Ewan Mac- 
id that the other time tvas after their re- 
; from their woik that evening ai thede- 
's father's house: thai the declarant 
Bt know what been '.e of the said Ewan 
lacctdl all Thursiiay said 14th ot May 
ml i« positive that he came int(» the barn 
the declarant was King, that same night, 
twelve of the clock, asking for a bed, 
was ret UMfd him ; but ordered to go and 
I ihe servants ni anoih*-rharn in Ancliarn, 
U Dougal and J<dm Maccolls, now pri- 
st Ktirf .William : that the declarant saw 
A Kwaa Boy BUecoll at Aucharo, upon 
^ XIX. 



A. D. 1752. 



[162 



the 15tb of May in the morning, and saw him 
again at Cuil about twelve of the clock that 
day ; and that they came together from thence 
to Aucham, where they parted, and that the 
declarant does not remember if they had any 
conversation all that time about Glenure's 
murder. This emitted judicially, place and 
date foresaid, before these witnesses, Donald 
Campbell of Airds, and Colin Campbell of 
Carwhin. 

W i tnesses (Signed) 

Donald Campbeix. Allan Stewart. 
Co. Campbell. George Douglas, S. B* 

Eodem die^ The said Allan Stewart being > 
re-examined judicially, and being interrogate 
whom he suspected guilty of Glenure's mur- 
der? declares, That he thought, if Allao 
Breck did not soon cast up in the country, bt 
was the most likely roan to have done it: and 
further declares. That, in a converBatk>n be- 
tween him and his father, and others, they 
were of opinion, that the people o>f Ballache- 
lish and Lettermore must have known who 
committed the murder at the time it happened : 
that, u|ion the Friday after the murder liap- 
pened, he beard his father tay, he did not 
doubt but he would be taken up upon suspir 
cionof the said murder: that when the de- 
clarant's father was at Edinburgh, he expected 
a letter from him about what he was doing 
about the removings; which letter oame to 
Aucharn in the declarant's absence, and waa 
opened by James Stewart younger of Fasna* 
cloich, and contained an account of what the 
declarant's father had done about the remov- 
ings; and that he was about buying a bar- 
gain of meal. Declares also, That he heard 
his father express his desire to young Ballache- 
lish to be present when the nei"' tenants came 
to take possession of the estate of Ardshiel ; 
and that Donald Mackintyre in Aucharn told 
him, that young Ballachelish had come back 
from ^ppin to Keil, in order to attend ; but, 
upon hearing of Glenure's murder, returned to 
Appin : that the declarant's father told him ho 
would not be present at the entering of the said 
new tenants; nor was the declarant resolveit 
to be present himself; nor did his hither de- 
sire him to go, or suspect him such a fool as to 
go : that he knows that the said Allan Breck 
Stewart lay with the declarant's brother 
Charles in a bam in Aucharn, upon I^Jon« 
day's night the 11th day of May last: that the 
declarant has a bluck short coat, with nine 
round silver buttons on the bren^t, two upon 
e»ch haunch, whereof one is shihII, and it has 
no buttons on the slcevfs or ptickets; and that 
his father has also a black short coat, with 
silver buttons on the breast and pockets, and 
has none upon the haunches or sleeves, to the 
fieclarant's remembrance: that the said Allan 
Breck bad no big coat on upon ihe lltli day of 
M.ty last, when he came to Aucharn, nor nad 
he any big coat of his own that the declarant 
knows of ; for the said Allan borrowed the de- 
clarant's big coat, when he came to Rannochs 
M 




159] 95 GEO! 

be recainmendeil lo t 

to nis own h,' 
iiig wlint tn , 
g^albered ; nor <i» 
telf. This* ilecli 
place ant! dale 1'" 
colonel f{f>war*L 

and CoHu Camiibdl yt Lur'* tin •-» 
Witnesses « {ik/m^^ 

G. Howard. ^ 

PoNALD Campbell, ' 
Co. Cami'Dell. 

At Marvburgli. llie f^ 
y earti i n (» reseii ce of t i " 
compearid the smd Jf^ -^^ ^* 

having his fbtraer ilt-cinrs*' 
coSlccls, that lie was not o i 
culled there on his way t«» 
was a d^y Booner there Uiim' 
ia liif; tormer declaration, 
gttici if AUin Breck, n 
Churles^ or FasDacldchV •! y 
whtu she came to liis Uoum 
the lUh day of May Uai, ihn< 
got the said sist removed ? 
not J but that one of them 
Gienore was to remove llu 
but which ofthera said ^o, i 
ber ♦ T h is d eel aration c in i I 
foresaid, before the eaid I 
Airds. and Colin Campbell 

(VttnesseB, 
Do.HALD Campbell. JAJHL^ .^ 1 1.^- ». 
• Co, Campbell. Geouge Dot* i 

At Ularyhiirgh, the 3d day of J 
^earSf in presence of the aaid Geor^r i 
' ' eriflf-sybttilule of the shire uf 1 * 
M,red Alltin Slewart son loji 
Aucharn ; who, being examine i 
cl art's, Thau Allan Breck t^i* 
' the declaraiH^s falltcr^s hoU!ie i>^: 
ernotio, the I Jlh day of May 1; 
rioog blue roatj reil waistioiit, L— ^ 
Jtortan-bose, and a hat ; and after » • 
tioie there, did put off his blue cn«i 
coat, and put on a black shurt coat ^^ 
buttons, belonging to the declarant 
band weut that afiernooo to work n i' 
IpClarant'fi father** servants incovcrmu 
[that the said Allan Breck Maid that i: 
[was dressed next morning in his bhj 
[red waistcoat,' as the day betbre: li^ 
' clarant did not see him go awajj fruv.. 
Llipou the 12lh, the declarant being ii 
from the lime lie rose in the morning 
€if the clock Ihut forenoon, stminsf ii^l' 
4:ept once that he made a start home for i 
i J»ear. Declares, Thai upon the aftrnuirr 
Ihe said Allaii Breek came to Au 
sibreiiaid, be told the dcclamnt, thai 
in GlencrearetK that the lenouls whohaii : 
the lands of Ardsliiel were to be at Gletu 
on Thursday's night, in order to enter t 
possession on Friday the 15th dayof Muv 
and told him likewisei that he beard GIluui 



rSrrtMff, 



[1G4 



Mi brnthcT Allan to come home ; 
ks tsil brother ^uh gotie n little before 
00-^^ SJm Uacctoll came, liechrea alio, 
^ 1^ mm Swan Uoy MacooU, Ivratbar to 
ta«^ fci«in at KoAlianacoan, at the deck- 
^b'^ Mber*i houje, upon the evening of the 
1^1^ 4kf «f May last before i(»ey lighted caiu 
lyi ^b) lild ke had come from Gleneo ilm I 
^^ ^ ^ril Im afterwards, that nighty came tata j 
j^ ^0« vliere the declarant was lying if rth i 
^w^^ Mm Ktewari, looking for a bed, nsii 
to he with the servants in the otlicrl 
Aucharn. Declares, that upon h\a^ 
tntihaig with ttie said Jolm M%C' 
fggL lyiaener, that the declarant a«iked him 
^\jft Gienore was murdered, what way it wif ; 
.1..** tad if any per^ioo was htm by the place ? 1 
If said Jtdin aosweredv That it whJ 
»' wood of Leitermorc ; whether rt' 
or north of thr hous^eii, be could 
^Lit U xrf*^ by a Khot^ and that tiu're 
sten near the place ; aod . 
it remeudjers of the coo- 1 
' : and that u^ioti his 1 
' i'l fattier d'^^ire ttie I 
.11 lo go aud t^ikecareofj 
his fatlier proposed to go J 
, ,. wife would not let btoi ; 
ic time, heard his father «j 
e suspected of tlic murder, as 
o [nucti part with the tenanU 
L' the factor: that \w heard 
I AUccoll say, Ujion the 13lh day of 
thu^ he wondered that Glcnure wu 
:Tant8 that paid their retU wetlij 
^ tf> quality to the gorrrnm^nt! 
' r and the ^ 
I cooversiJi 
I (lis ilecbralion • 
and date forf**iiid. In 
Id Camjibell of Airds, anu V.U114J 
II whin, ee^rs. 

(S 'r^ 

r.LL, Cl WART. 

,4.. 1.. GEu ^ -^OLAS, 8, 

>:u,r,ift, son to the said Ja 
I, being solemnly swo 
nie&, That, upon Toosdajj 
current, the deponent aoi 
■ ;. Stewart went from th 
i\> liouse, %vhere the said Alla^ 
tj from the Ut current (exccpj 
v«turday*a night at Cuil), an 
ui'« house on l^ue^day's nt^lin 
ui^lu at AnchnacK] 
d Aucljaourim*s, Fd 
V *s night at Fasnaclo' 
ly the llth currents 
I *ili»> dresK the said [ 
a long-bodiedi 
breaches, a hat I 
r, and tartan hose, with a It^ 
n=d : in which very dress, an 
along with the 
u\mn the llth 
iUtd ihero Umt night, and 



Jot Murder, 

nnd he l«y logeUier : that he rose 
deponent on TuesJay ilje 12Ui cur- 
lijal the deponent vraa tip be lore be 
' m-s ; and tttat as lie was going 
'Wftn about 8 or 9 of the clock to 
waB told by liim lie was gfoin^ 
it tben he had od tbe whole of 
dress as above described : that the 
accompanied him to Kintalline, and 
vd Vfiih bim any where on the road : 
|Mi*iS€d tbrongh Auchiodarroch and 
^ And spuke with soirte people as they 
Dg, particularly Alexander Stewart 
htk^ and Alexander Stewart his son : 
tue coal Allan wore bad yellow metal 
that the deponent and be parted ut 
», after the deponent asked John 
iccombie for ale there. Aad this is 
le shall answer to Gml. 

(Signed) 
D^ursELL, S. D. GHAictJ^ Stewart* 

et Sictcartt spotise to James Stewart 

rtt< being solemnly sworn and exa* 

■■tefl, That Allun Breck Stewart 

^^^Onse upon Mottday immediately 

l5orc*8 murder, dressed as mentioned 

deposition, and with a bij^ coat of tbe 

3r ; that he stayed all night, and went 

t day about 8 or 9 of the dock in the 

dr^Bcd in the same habit ; and at 

' teaye of the deponent, asked her, if 

"iny commands lor f tannoch ? Tbut, 

ot her knowledge, he came by him- 

rent away by bimsalf. And Vhis is 

(ms she shall answer to God ; and de- 

tduiKit wrile. (Signed) 

Arch. CampbeiXi S, D. 

'J t^£f t«rf, daughter of tbe said 
wan in Aucharn, being- solemnly 
examined, depones, contbrni to 
'T*% deposition in every ibingf, only 
positive tbut Allan Breck Stewart 
one tf^ Aucharn, ujkiu Monday im- 
before Glenure's murder, she having 
come I here. And this is truth, aK 
answrr to God ; and declares she 
ilds« that Solomon IVIaccidI, 
..\ went u/f for tbe south 
on SiJatuiday the 16tb current , 
€d) Arch, Cami^cell, S. D. 

5ffii(ir/, son of the said James 

^ttcb^irn^ iK-intf re-examined, judi- 

S That Dusrald Wacroll, 

Id tbe said Charles Siewarl, 

were arms in his father^s bousi', 

id bid; and this judicial arknow* 

ntii this ?3d day of May, 1752 

' ese wi messes, Donald Catn^)- 

nd James Campbell, writer lo 

Titer hefcof. 



A, D. 1752. 



[106 



(Signed) 

lARLLS HtE 



^CaWpbell. Cdarlls Stewart, 



pf Ibe said Ckurla Stewart jitdi* 
flliat, upoQ the Utb day of 



' Mny current, tbe block short coat with silver 
buttons, tben wore by Allan Breck Stewart, ^ 
was i^iven lo bim by the declarant's liillier; 
and that h<» had i^ot the pJaidt-u irowsers, tliea 
wore by bim> from the dedamni's father, or 
brother Alkin ; and tins is also signed, place 
and dale aforesaid. 

Witnesses (Signed) 

Donald Campbell, Ciiahlks Stewart, 
J A. Campbell, Arcm. Campbell, S. D. 

The said Margaret Stewart^ spouse to the 
saiil James Stewart in Aucharn, being" rc-exa- 
mined, judicially declares, That her husband 
James Stewart was at home, and lay in rhc . 
same bed with her, on Monday's night ibe Ulli 
of May current. And this is also truth, as 
she simll answer to Gud ; and declares she 
cannot write. (Signed) 

Ancir, Campbell, S. D. 

The said Elizabeth Stetrart, her daughter, 
re-examined, judicially owns. That her father 
was at home on Monday's nipht the IJlh day 
of May current And this is also truth, as 
she fihall answer lo Goil ; and declares she 
ca n n ot wri te . (Sig n ed) 

Arch. Campbell, S. D. 

At Taynaheiniai^, the 25th day of May, 
1752 yeais, tbe said ChurUs Stewart, beinif 
re-examined by the said sheriff- depute, [udi- 
cially declares,'ThBl the said Allan Breck Stew- 
art bad on a binck short coat with round silver 
luMlons, upon the oOlh day of April fast, when . 
he came to the declarant's tUtber's house in ■ 
Anchain from flannod» : that thi; declarant 
left the said Allan Dreck at tiis father's Uq»w, 
be himself havinir, npon the 1st day of May '] 
current^ pane to Glenure alon^ with the te- 
nants of Ardsbief and Charles Slewarr, notary, 
to t)e a witness to tbe intimation of the sist 
Ihey had obtained against the decreet of re- 
moving ; and that upon his return thateveuint^, 
he fuuad tbe snid Allan Breck at bis lather's^ 
and was then dressed in a Mack short coat and 
round silrcr buttons; ami then ohsi^rveil, that 
tbe said coat was lined with red in ibc breast and 
Fkirts; and that the said Allan told bim, tl^it 
be had c^ot tbe said short coat from the 
declarant's father^ but docs not remember 
when it was be loM him so. DeclarcB also, 
that tbe said x4llaii fbeck Stewart had on hhii: - 
and while ti-owsers, wi»en he t-ame from 
Itann'ich to bis fufher*a houi^t*, on the 30ih 
day of Apnl ; and hud tbem liltmusc on, on 
(he '^d day of May current, tihcn be went 
(0 Cuil in Appin; and tbtii he wore tbe $ame 
dress upon the 3d nud 4th days of May cur* 
rent: that the iMiid Allrin did put on his siile 
blue coat on tlie 5ih tiay oi May current, when 
he went to Appiu^s houstf : and likewise dc* 
dares, that he saw Allan Breck*i* blue coat, 
upon the 13th current, lyin^j;^ upon a trunk in 
the room upon the rtgUi hand of the entry of 
biii lalherV house; that the ntmi Allan had on 
the saidblack &huit coat« when st breakfast at 
the deciaratit'6 faiba'a house, u[iod tlie isilli 



lOS] 25 GEORGE U. 

thfit, in a conversation the declarant had with 
old Buil-'chelish on the Sunday before Gle- 
mire's murder, Ballachelish then told the de- 
clarant, that the man that had taken the terry 
of north Ballachelish, came there with his boat, 
and was refused to enter to the possession by 
the tenants, who thought they had as good a 
right to the ferry as to the land : that there- 
upon the ferry -man drew his boat, and went to 
Glenure, the tenants being resolved to keep 
their possessions for the year ; and that Bal- 
lachelish said, that the tenants of the Ardshiel 
estate had as good a title to sit, as the tenants 
of Ballachelish, if the suspension was not dis- 
cussed ; and that it was a cant word throogh 
the country. That the tenants might sit, since 
the worst of it would be pay in? the violent pro- 
fits. Declares also. That he has a gun and 
broad-sword : that he lefltheguu in his father's 
brew- house, and the sword he gave to John 
Maccbll, his father's servant, that is prisoner at 
Fort-William : that John lloy Stewart, nephew 
to Fasnacloich, lay in the barn with the decla- 
rant upon Thursday's night the 14th day of 
May last ; and that John Stewart in Auchna- 
coau lay in the same barn with the declarants 
brother Charles, being the night that the said 
-Kwan Koy Maccoll came to look for a bed 
there. This judicial ileclaration emitted in 
presence of the said aheritPsubslitute, place 
and date f(»resaid, before these witnesses, the 
right honourable the lord Bury, colonels 
Howard and Crawfurd, Donald Campbell of 
Airds, and Colin Campbell of Carwhin. 

Witnesses, (Signed) 

Donald Campbell. Allan Stewart. 
Co. Campbell. George Douclas, S. S. 

At Mary burgh, the 4th day of June, 1752 
years, in presence of the said George Dou;r|as, 
sheritr-suMtitute aforesaid, compeared Charles 
Stewart^ Hon to James Stewart in Aucharn ; 
who being examined judicially, declares. That 
be was at home all day of the 14th day of May 
last, and that he dined with his father, mother, 
brother, sister, and Fasnacloich's daughter; 
and after dinner went to Auchindarrocb, and 
there conversed with Duncan Maccorahie, 
Duncan and John Maccolls, and others that 
irere covering potatoes, and desired Solomon 
Maccoll to gu with Fasnacloich's daughter to 
Ardnamurchau, but be would not go: that 
Fasnacloich's daughter and the declarant's 
sister went along with him to Auchindarroch, 
and returned before him to Aurharn, the de- 
clarant having stnid ar quarter of an hour after 
them, to pL'Psuade the said Solomon to go to 
Ardnamnrchnii, and then followed them di- 
rectly to Aucharn ; and did not go nearer Let- 
termore that day, than the place where the 
people of Auchrndarroch, were coreriog pota- 
toes ; and, in an hour thereafter, went with Fas- 
nacloich's daughter, and the declarant's brother 
Allan, and sister, to JuKhaig, where he re- 
ceived the newt of Glenure's murder from 
John Maccoll, now prisoner at Fort-William ; 
Mag tent there, by the declarant*! ftthcr, to 



Trial of James Stewart ^ 



[164 



desire him anil his brother Allan to come home ; 
but that his said brother wos gone a little before 
the said Juhn Maccoll came. Declares also, 
that he saw Ewan Uoy Maccoll, brother to 
Appin's bouman at Koalisnacoan, at the decla- 
rant's father's house, upon the evening of the 
14th day of May last before they lighted can- 
dles, and told he had come from Glenco that 
day ; that he afterwards, that night, came into 
the barn where the declarant was lying with 
his uncle John Stewart, looking for a bM, and 
was directed to lie with the servants in the other 
barn in Aucharn. Declares, that upon hia 
return from Inshaig with the said John Mac- 
coll, prisoner, that the declarant asked him 
where Glenure was murdered, what way it war 
done, and if any person was seen by the place? 
and that the said John answered;* That it was 
done in the wood of Lettermore ; whether it 
was south or north of the houses, he could 
not tell ; that it was by a shot, and that there 
was a man or two seen near the place ; and 
this is all the declarant remembers of the con- 
versation upon that head ; and that upon hit 
coming home, he heard his father desire the 
people of Auchindarroch to go and take care of 
the corpse ; and that his father proposed to go 
himself, but that his wife would not let him ; 
and, at the same time, heard his father tay 
that he would he suspected of the murder, as 
he was taking so much part with the tenants 
against Glenure the factor: that be heard 
Kwan Uoy Alaccoll say, u|K)n the 13th day of 
Mny last, that he wondered that Glenure was 
removing the tenants that paid their rent well, 
and were willing to qualify to the government: 
that he observed his father and the said £wao 
Roy Macctdl liave several conversations aside 
about that lime. This declaration emitted ju- 
dicially, p!ace and date foresaid, before these 
witnesses, Donald Campbell of Airds, andColio 
Campbell of Carwhin, esqrs. 

Witnesses, (Signed) 

DoKAi.D ('ampisell. Charles Stewart. 
Co. Campbell. George Douglas, S. S. 

ChatLs Stewart, son to the said James 
Stewart in Aucharn, being solemnly sworn 
and examined, depones. That, upon Tacsday 
the .0th day of May current, the deponent and 
the suid Alhui Breck Stewart went from the 
deponent's father's house, where the said Allan 
had been on ntid from the Ut current (except 
that he was Saturday's night at Cuil), and 
stayed at Appiirs house on Tuesdav's night, 
were Wednesday's night at Auchnacoan's, 
Thursday's niglit at Auchaouran's, FridaVy 
Saturday, and Simday's night at Fasnacloich's, 
and came on Monday the 11th current to bis 
father's house : that the dress the said Allan 
wore all this while, was a long-bodied blue 
coat, red waistcoat, black breeches, a hat with 
a black feather, and tartan hose, with a biff 
coat dun-coloured ; in which very dress, ana 
with which big coat, he came along with the 
deponent to his fiither's house upon the 11th 
're that night, ud tiM 



current, continned there 



165] 



Jot Murder. 



4epoD€Ot and he Uy tO(;etber : that he rose 
bdbre ibe deponeot ou Tuesday the 12th cnr- 
Rot, but that the deponent was up before he 
left bii father'* ; and that as he was going 
away, which wan about 8 or 9 of the clock in 
the vaoniugf was told by him he was going 
for Glcneo : that then be had on the whole of 
the same dress as abore described : that the 
depsaeol accompanied him to Kintatline, and 
M sot part with him any where on the road : 
ibal tbey paused through Aochindarroch and 
Lijpnba, and spoke with some people as they 
vest akmg, particularly Alexander Stewart 
B fff?;p^f**j and Alexander Stewart his son : 
tkat the blue coat Allan wore had yellow metal 
knttons: that the deponent and he parted at 
Kiutalliue, after the deponent asked John 
Breck Haccombie for ale there. And this is 
trslh, as he shall answer to God. 

(Signed) 
Aacs. Campbell, S. D. Charles Stewart. 

MtLTgarel Stevare, spouse to James Stewart 
is Aucbam, being solemnly sworn and exa- 

' id, depones. That Allan Breck Stewart 
i to her house upon Monday immediately 
i Glenore's murder, dressed as mentioned 
is the last deposition, and with a big coat of the 
sme colocir ; that he stayed all night, and went 
away next dby about 8 or 9 of the clock in the 
fcr e ao oD y dressed in the same habit ; and at 
bb taking' leaye of the deponent, asked her, if 
ibe had any commands for Rannoch ? That, 
16 the best of her knowledge, he came by him- 
scV, and went away by himself. And this is 
Ibe truth, as she shall answer to God ; and de- 
dvcsshe cannot write. (Signed) 

Arch. Campbell, S. D. 

EUzabeik Sieaart^ daughter of the said 
iiaes Stewart in Aucharn, being solemnly 
■swa aad examined, depones, conform to 
bcr BMlber's deposition in every thing, only 
Ikil the is positive that Allan Breck Stewart 
cine sll alone to Aucharn, u|>on Monday im- 
■edincly before Glenure's murder, she having 
•Ro bim come there. And this is truth, as 
■be shall answer to God ; and declares she 
CHSot write ; and adds, that Solomon Macc^iil, 
in father's servant, went off for the south 
(MMry upon Saturday the 16th current. 
(Signed) Arch. Campbell, S. D. 

Ckarlet Stewart, son of the said James 
^mrt in Aucharn, being re-examined, judi- 
cid^ acknowledges, That Dugald MaccoU, 
Un declarant, told the said Charles Stewart, 
ikM there were arms in his father's house, 
*bich he had hid ; and this judicial acknow- 
Ulgment is signed this 23d day of May, 1752 

^1, before these witnesses, Donald Camp- 
af Airds, and James Campbell, writer m 
bvtrary, writer hereof. 

Witnesses (Signed) 

Donalo Campbell. Charles Stewart. 
Ja. Campbell. 

Thereafter the said ClutrUi Stewart judi- 
Mf o«Bi| That, upoo tha lUth day of 



A. D. 1752. [166 

May current, the black short coat with silver 
buttons, then wore by Allan Breck Stewart, . 
was given to him by the declarant's father; 
and that he had c^ot tiic pkiiJ'jn trowsers, then 
wore by him, from the declarant's father, or 
brother Allan ; and this is also signed, place 
and date aforesaid. 

Witnesses (Signed)' 

Donald Campbell. Charles Stewart. 

Ja. Campbell. Arch. Campbell, S. D. 

The said Margaret Stewart, spouse to the 
said James Stewart in Aucharn, being re-exa- 
mined, judicially declares, That her husband 
James Stewart was at home, and lay in the 
same bed with her, on Monday's night the 11th 
of May current. And this is also truth, as 
she shall answer to God ; and declares she 
cannot write. (Signed) 

Arch. Campbell, S. D. 

The said Elizabeth Stewart, her daughter, 
re-examined, judicially own«, That her fathet 
was at home on Monday's night the 11th day 
of May current And this is also truth, as 
she shall answer to God ; and declares she 
cannot write. (Signed) 

Arch. Campbell, S. D. 

At Taynaheinsaig, the 25th day of May, 
1752 years, the said Charles Stewart, being 
re- examined by the said sheriff- depute, judi- 
cially declares. That the said Allan Breck Stew- 
art had on a black short coat with round silver 
buttons, upon the 30th day of April last, when 
he came to the declaraiu's father's house in 
Aucharn from Uannocli : that the declarant 
lef^ the said Allan Breck at his father's house, 
he himself having, upon the 1st day of May 
current, gone to Glennrc along with the te- 
nants of Ardshiel and Charles Stewart, notary, 
to be a witness to the intimation of the sist 
they had obtained against the decreet of re- 
moving ; and that upon his return that evening, 
he found the said Allan Breck at his father's, 
and was then dressed in a black short coat and 
round silver buttons ; and then observed, that 
the said coat was lined with red in the breast and 
skirts ; and that the snid Allan told him, that 
he had got the said short coat from the 
declarant's father; but docs not remember 
when it was he told him so. Declares also, 
that the said Allan Breck Stewart had on blue 
and white trowsers, when he came from 
Kannoch to his father's house, on the 30th 
day of April ; and had them likewise on, on 
the 2d day of May current, when he went 
to Cuil in Appin; and that be wore the same 
dress upon the 3d nnd 4th days of May cur- 
rent : that the said Allan did put on his side 
blue coat on the 5lh day uf May current, when 
he went to Appin's house : and Iikt>wise de- 
clares, that he saw Allan Brock's blue coat, 
upon the 13th current, lyinj; upon a trunk in 
the room upon the right hand of the entry of 
his father's house: that the said Allan had on 
the said black short coat, when at breakfast at 
the declarant'ft father's house, u^wn the IStli 



167] 25 GEORGE U. 

d:iy of May current, but had on no jockey- 
coat then. This declaration is judicially 
si!;ned, place and date foresaid, before these 
wiiiipsses, Donald Cain|ibc'll of Airds, and 
Colin C»in|)b<ill of Car«%hin. 

W iini'sisps (Signed) 

Donald Campbell. Charles 8tewart. 

CoLLN Campbell. Abcu. Campbell, 8. D. 

The said Margaret Stewart, spouse to the 
faid James Stewart in Aucharn, bein^ re- 
exaniiiied^ declares, That the black short coat 
now aheivn to her, is the same which was 
broiif(bt from her house upon Saturday's even- 
in(f the 23d current, and belongs to Allan 
8tewarl, her son: that her husband has had no 
black coat lor three quarters of a year past ; 
and that the last black short coat be had, was 
given by him to John More Maccoll ; and that 
ihc round siker buttons, which are upon the' 
coat now produced, were formerly -unon the 
coat gi?eu to the said John More Maccoll. 
This judicial declaration is emitted this 25th 
day of Maj', 1752 years, before these wit- 
nesses, Coliu Campbell of Carwhin, and Do- 
nald Campbell of Airds; and the declarant de- 
clans she cannot write. 

Witnesses (Signed) 

Collm Campbell. Arch. Cami^ell, S.D. 

DOxNALD Campbell. . 

The said Margaret Stewart also owns. That 
there was a ffun in her husband's house this 
spring*, which she saw her Kon Allan go out with 
once or twice to kill blackcocks. This judi- 
cial declaration is also signed, place and date 
aforesaid, and before the witnesses above named 
and designed. 

Witness (Signed) 

Donald Cam pbell. Arch . Campbell, S. D. 

Letter addreued to Duncan Stewart of Glen- 
buckie. 
'* Now I am sorry to acquaint you, affairs is 
going quite wrong u{)on this estate of your 
cousin's: Glenure wants Ardshiel and Letter- 
more in his own hands, and more rent for 
our tenement, and the carriages to himself. 
Mow far these things will take place, God 
knows! the man that makes the u hole noise, 
18 Rallieveolan, upon account of our keeping 
John More ; for he does not deny but what he 
oflft^rs more rents for Glenduror, and gives this 
as his reasons. Hovrevrr, it shall be a dear 

glen to them or they shall have it. All you 
eard about the country is true : 1 go, in a few 
days, to K.ngailoch for the stallion, which 
«t:;Dds us eight guineas ; he wants to harrow 
him this spring, and to get him broke for the 
saddle ag:un harvest. Fasnacloich has made 
the purchase for himself. You'll not neglect to 
seud ail the money you can in a very short 
time, as money never was scarcer in this coun- 
try. Riugailoch has got money ; to that we 
are sure of his cows. Malcolm Livingston hat 
rent for more money ; for be employed what 
he got. I shall refer the whole history of th« 
coantry till I -have the plewure i»f aeeuig joo. 



Trial qfJame$ Stemartf 



[168 



I begyouMI not neglect ■ending a wrvaot toon, 
with as much as possible; let nothing stop 
him. Neglect not about your brother. No 
more, but my compliments to Mist Jeany^ 
Sandy, and little Dvinald, is all from, dear 
cousin, 1 am year affectionate cousin, 

(Signed) " Allan StEWABT." 
<< Dated Aucharn, April the let, 1751." 

Maryhurgh^ 4th June, 1758 years. This . 
letter was tuund among James Stewart io 
Aucharn 's papers, and shewn this day to Allan 
Stewart his son, who refuses it to be his hand- 
writing, in presence of Colin Campbell of 
Carwhin, and Donald Campbell of Ainb, esqrs* 
two of his majesty's justices of peace for Ar- 
gyllshire. 

Witnesses (Signed) 

Donald Campbell, Arch . Campbell, S. D« 
Co. Campbell. 

The above letter was addressed on the back« 
" To Duncan Stewart of Glenbuckiey at Brcn- 
chyle." 

Jame» Stewart to Charlet Stewart^ Notary, 

** Dear Charles ; Not knowing of yoor re* 
torn from Mudart, sent for your father Toes- 
day's afternoon ; but the rascal I seat» weol 
not by Gleocrearan that night, by which 1» 
uiissed the old man, who went a-fishiog, at 
you'll see by the inclosed, early that morning; 
which I reckon a very great misfortune. The 
next best 1 can think of is, that yon be btra 
without fail this night, if you should hire a 
horse, as every thing must go wrong without 
a person can act, and that 1 can trust. Tliis m 
such a tie upon all the memberij of our family, 
that I'll press you no further, but do depend oo 
seeing you once this night ; and am your own, 
&c. dear cousin, — (Signed) James Stewabt." 

** Aucharn f May 14th, eight o'clock morn- 
ing, 1753." 

'* P. S. As I have not time to write to Wil- 
liam, let him send down immediately 8/. ster- 
ling, to pay four milk cows 1 bought for hit 
wife at Ardshiel." 

Addressed on the back thus: « To Mr. 
Charles Stewart at Auchiutour. Per express." 

Wtlliam Stewart to James Stewart. 

*• Maryburgh, Maif 14, 1759. 
'* Dear Sir ; I send the bearer Vor the best 
mare, atil my young lieasls in Salachan; 
unless you keep by it (i%hich 1 think yoa 
outfhi), and send some other btui}' np with him, 
and let them carry the milk (jows you l>ought 
for me. Let the filly be grazed Iherfabontf, 
waiting market. — 1 find Glenure has a mind to 
eject the tenants ; but they oughi tu be deaf to 
it, and, at all risques, keep |M»Bsession, as thej 
are in good hands, as it must end in exchequer; 
so that 1 beg they keep possession ; as there 
will be no tnM>|)s, they ought to repel force bj 
force, and take their hazard of the consequence; 
as it eao be no more than violent profits, which 
is oftM OMdifiod in inftrior courts, beaidctth* 



109] 



^r Murder, 



A. D. 17««; 



[iro 



ocbimr, who will infiiM for no BMch ; limr 
dnef ml)rii brrn^ to Imre a Mett ot ]ieftC(r!il»)e 
toniotry, a»^ a viell iittid rent ; so ihut the 
people f>4 >>/!>» I'i K<? a'^vureil tbey i^hall b« su|]- 
]ir«rted a^ « wdi, which imi iJmiNt mti:»t 

lilirillitt' II ta%«)ur<); and atn, <ie»r ^ir, 

yiarcMrn, ^c,<^(^f««(/^ William Htewast/^ 

>il on the back thus : '' To I^Jr. Jumes 
tin Aucharn.*' 

Wrut€ on the back thus : 

•• Marykvrgh, the 5lh day of June, 1759.— 
Tte m ibe LfUer reUtife to the tleclaraiion 
esiCtod Ibi^ Jay bctWe me^ by William 
Jlnr&K« merchant in lllar>bnr}jrh. 

(St^nifd) ** GcoHOE DoccLAs^ S. S." 

Jama Sttwart to John Mucfttrlane. 

> Sir ; JhsI now hud )<our faTour, and am 
llicse fiiior tenants shouhl have made use 
I ffir re|ireaenting iUvit grievance, a^ in 
ill appearance, it hai bmirgHt a frr^at iWni of 
teooMf npnn mc; being carried here, and my 
ift' <Uy last Mis|>ecicd in be kno^ioif 

h. un murder uf Glenitre, who Mas 

ibot ile^i unon ThursfUy the i4tU current, m 
Itond within two niilcii of my house, jt ie 
Mt jirel^oded that I or my son were actor» in 
Ml lUNTid action, as HC both can he itell at- 
iiled; but atteKes, it was a {irempflilated thioLS 
llvhich I must have been Uiio^in^ : liut so 
ftrMliCT^i»e»tbat no man (i tliaok tti>d) uhhor^ 
ttfidmor^. and would, if at liht-rly, dti «H 
kmy power to briflt,' it to hifht, Therf t» ouc 
AHliiSlewiirt, tt difitant friend of the late Atd- 
1^% who ti in the French service, and cume 
mrio Marclk la&t, as be said to come, in order 
kwttU* at home ; lo olbera, that he was to go 
Mn haek ; and was, as 1 hear, ilie day the 
imier wa4 commit led, seen nnl fur from tlie 
fill* where it htippened^ iin'l h now not to 
Wifrn I by which it in beliere<l be was the 
^lir; be is U ile^p^'iate foolish fellow ; mtd^ if 
Wtoifnilty, came to the cotinrry for lliat fery 
iBfiaie. He in a tall pock pitted lad« very 
Nik batr, and wore a blue coal and metal 
btUMtt, an otd red reHt^ and breecUeA of lite 
Cidtiur. 1 would own my«<elf under many 
loot to any friend would diHCorer him ; 
ir^'n** «ouib| ill order lo em- 
jiortunily of tfoini; Hbrtiad. 
be atayed m Mr. Hu*fh 
'• at the hack of ihe*Fountaiii-we)t ; an 
^CVaa you have any regard lor my interest, 
ittMueitd all ih;ii wiali the cnimlry w« ll ii» he 
li ittrela of him. What makes my confine^ 
Wl ftry uneasy to me is^ that this is the 
1^ of tlie ^ear that my ouKiness wmdd re- 
fnvni^ ure^nce must; having bou'fhl ealtle 
(aliff^m 1 ye;^rly «'eal) in ditlifeni couMtri^s, 
s*4 taken t^niMui^K jiouth for the cattle, wliich 
I iBwm pay , it t ihould never send a hea.<(t upon 
Hi HhicU I (Mil uf<aid will be the cuve if either 
My «i»q «ir M4t Ite not ailmiited to b>iil, to |iut 
^affairii HI or*ler'. to bt»[»i'»< vou1i K|iare no 
puu CO llii«, m% Airdii and Appin will bail me 
btD^ tom wlutftcjr. 



ll ^ 



i6||liai)i to any friei 
M ftniiaded be i» u^ 
tasr ibf finit oppor 
^^^at Edadhirifh, 
^••trt'a at the hack 



** Your return IMI eqiect in course of 
post; and am, with complimeata to your ludy 
and self, dear'Hir, your humlde servant^ 

(Stgned) *' James SriWAiT.** 

** Fori WtUiam, May 19, 1752*'* 

Addresaed thus: ** To Mr. John Mncfarlane, 
writer to the signet ; in hiii absence^ to Mr, 
John Flockh:irt, his prhicipnl clerks at hif ' 
bouse in the Mint, Edinburgh.'* 

Inverar^. September 25, 1752.— This is llm ] 
Li- Iter releiTed to iu colonel Cniwfurd** ofttb 
of ibis date. 

Follows the WnmNOft produced for tbeI 
Kanpsel, B£i?jG Five Lettetis whote to ] 
Hill 6T Colin Campbell, or Glcmuhe. 

•* GUnuftf NovcMilftr 8, t74S. 
*^8ir; I think 1 can now, >%iih ioroe cer*^ 
tainty , tell you, thai I am appointed factor over 
ilie lunds you posses.^, ami other lauds ibat be* I 
lonjfed lo your brolher Ardsbiel j aud as tht 
term it oow at band, will beg^ the favour* you I 
desire tite teuanta and pusaessora to be prepar* < 
111^ the rent*. 1 am, 8ir, ymir niovt ouedtent 
bumble servant. (Signed) 

*♦ Cou?« Campbell.** 

Addresseti tliui: ** To Jamea Stewart ui 

Aucbindarrucb, iu I)umr/' 

'\Glenure, October H, 1749. 
** Sir ; As [ intend >1oaday next to be id 
Diiror, to hold a Immu-bai he -court on the es* 
tate of Aidiiliicl, and c^l for bygone renU, hnve I 
sent you thin, to beg the fa tour yn\t would let i 
the tenants know of ii, that they muy be pre*] 
pared to make pay meuts, aud not he mil of th« t 
way ; and I shall be i^M to ha«e the plea&urft j 
t>f seeintf you at Tayiiahcinaaig' Monday after* J 
noon. 1 am, Sir, your m«>«»t obediejit huuibte 
servant, (Stgnad) 

** CuLiN CampdellJ^ 

Addressed on the back, *< To Mr. Jamei 
Stew art, brother to Ardshiel." 

*» Glenurt, Dtitmber it. 174^. 
*'Sir; This knomem 1 hiid ^ourn by youf | 
servant^ wjib the 'iOt. 18« bd sierhutf, and iht ' 
warrHut I tsjrmerly ifave yon. Iiecei%e in* I 
closed yiiur nule : your p^ymeula are ver^ri 
' i^ood, Itji which I am obb^ed to you. t in- J 
lend, God will, to he al Ediubur|rh on, or a da/^ 
or two belbre the 25lh curreui ; ihal ia, i io- 
teud lo »et out frum llii*^ pla«;e thi'< day, or to- 
morrow ei^ht day ^, and will i£i»l>y Gla^iow, and 
make no slop by the way. Krmeinber ladjr | 
Ardsibiera ditcbar^rs, an*! all yunr iHber tackv 
ling. I heartily winIi you a if oimI journey, 
(Signed) " ** CouN Campbell.*' 

** My wife, whu, 1 find, is your sincere well- 1 

wisher, returns you her beuriy tlianki», aud is J 
ftorry you have hud iudi bad weather to travel^ \ 
wfheu you are so weak/* 

Addressed on the back thua : " To Jattlt 
Stewu-t in Auchiudarrocb to Dtir^.** 



171] 



25t3£ORG£ IL 



Trial of James Stetvarff 



[172 



" Glenure,April6,.17SO. 
« Sir ; 1 have youra, and think it is quite 
right to^have buriiemen: tliey are frequently 
very necessary, and can't well be wanted. 
You will tlierefbre appoint two discreet honest 
men fdr that pur|>ose of the tenants ; and, to 
prefortiany conoplaints or objections, be sure 
you prear them to fidelity in their office. My 
wife returns you her thanks for your good 
wishes. I am, 8ir, your most obedient, 

(Signed) " Colin Campbell." 

Addressed on the back thus: <' To Mr. 
James Stewart in Auchuidarrocb." 

«* Glenure, March 14, 1751. 
<< Sir ; After yon left this, something has 
occurred that makes it necessary that you do 
not set any part of Ardshiel, Auchindarrocli, or 
Aucharn, till I see you after my return from 
Jn?erary ; which is the reason I run vou this 
express. I am, Sir, your affectionate liumble 
serTant, (Signed) 

. "Colin Campbell." 

Addressed thus: " To James Stewart of 
Aucharn, Duror." 



Then, the Proof on both sides being conclud- 
ed, the lord Elchies said to the Lord Advocate, 
that now was his time to proceed to give his 
Charge to the Jury ; which his lordship did us 
follows.* 

Lord Advocate : 

Gentlemen of the Jury ; It now becomes 
my duty, to be assisting to you in the dis- 
charge of yours, by staling to you this case, 
and summmg up the evidence that hath been 
gifen in your presence ; which I shall now 
proceed to do as well as 1 am able, after so long 
an attendance. 

That attendance, I am sensible, must have 
been very heavy ujion you, and hath been such, 
as the like hath not happened since the Circuit- 
Courts of Justiciary were brought to be held in 
this county : but 1 hope you will not repine ot 
the great fatigue of this trial, in a case, whereof 
the importance is as unusual as the length of 
it ; and in which your giving a just verdict 
will be highly for the service and credit of your 
country. 

I need not resume to you, gentlemen, the 
libel or indictment, whereof I presume you 
have been furnished with printed copies before 
you came here ; that, being thereby informed 
of the principal circumstances which have been 
discovered concerning the murder of Mr. Camp- 
bell of Glenure, you might have leisure to weii^h 
the Import of these, and be the better enabled to 

* N. U. By the 16th act Anno 1071!, con- 
cerning the regulation of judicatories, article 
tenth, on the justiciary court, it is provided in 
these words : ** That, id all criminal pursuits, 
tiie defender, or his advocate, be always the 
laii speaker, except in cases of treason or re- 
bellion agiinii the king." 



attend to the evidence that should be broogbt 
before you ; and, on the other hand,* the pan- 
nel James Stewart, who is now standing bis 
trial, was, by that libel, fairly informed of the- 
principal facts and circumstances that were 
then discovered against him, so as he migbl 
have opportunity to account for these, and <£er 
himself, if notwithstanding such strong appear- 
ances, be was truly innocent. 

The crime itself, which gives occasion to 
this trial, was of its nature the roost horrid and 
atrocious that can well be conceived. Wilfbl 
murder, at any rate, is a crime most heinous ; * 
and concerning the first murder, God Almighty' 
himself said to Cain, " The voice of thy bro- 
ther's blood crietli unto me from the ground.*' 
And the murder now in question, as to this 
panucl's accession to it, was one of the most 
causeless and un provoked that ever happened. 
Poor Mr. Cam|»b6ll of Glenure was cut off in 
the vigour of his life, in the very roarJ of his 
duty in the king's service, and for no other 
cause or provocation than his doing that duty ; 
and then was he basely assassinated by a ruf- 
fian, who lay in wait for him, and shot him 
from behind his hack, so as he died upon the 
spot, leaving two infant children, and bis 
widow pregnant. And to this horrid violatMm 
of the laws of God and of humanity, is to be 
added, in the present case, that the sole ofiieooa 
taken at Glenure was his acting in the quaiitr 
of factor on the forfeited estate of Ardshiel, 
agreeably to bis powers and instructions from 
the barons of Exchequer, as being administra- 
tors for the king, whose property that estate 
was ; and it was resented as a capital injury, 
that tlie king's factor should venture to exer- 
cise his maj^ty's property as freely, as every 
subject may do his own. 

And last of all, that this murder was com- 
mitted on the 14th day of May last, just seven 
weeks after his majesty had given his royal as- 
sent, and passed into a law, the bill for annex- 
ing this and other forfeited estates to the crown 
unalienably, and for applying the rents and 
profits thereof for the better civilizing and im* 
proving the fJighlands of Scotland. 

The clemency of the kin^ had been extended 
early after the last rebellion, by the ad tf • 
grace of the 20th year of his reign, of whick 
the pannel James Stewart, among many otben, 
had the benefit; and other l^nefioal lawn 
were then made, to secure and promote freedofl^ 

{property, and good order in all parts of Scot- 
and. And, to crown all, this last most benefi- 
cent act was made, for the more immediate 
benefit of the Ilii^hlands of Scotland, out of 
which three rebellions have been raised, since 
the accession of the royal family now happily 
reigning ; an act of beiiefieeoce not to be 
paralleled in history, and calculated to render 
all the inhabitants of the Highlands good and 
useful subjects,under this government, by mak* 
ing them feel their own interest in being ench. 
and render! UQf the meanest of them, who will 
be honest and industrious, free and happy : and 
at such n juncture^ the murder you i 



173] 



Jbr Murder. 

_ into receired qo sinali aggravation, aj 
K was flying' id the face of the legtalature itself, 
■id endcAfourioi^y as much as in these crimi- 
■ab lay, to defeat or discourage the prosecution 
afancaaure of gOTernnient, so highly gracious 
aadhcDcficiaj to this country. 

TM tralh is, freotlenaen, that though, God 
he praned,tbe Highlands of Scotland are in 
this age leas barbarous than they have l)een in 
femcr tines ; yet, in our own time, there have 
bcffB nch instances of remaining barbarism, as 
sarve la prove but too strongly, that these coun- 
iMsiaiid yet in need of being better civilized. 
; it was in the year 1734, that, for an 
\ of the same nature with what was here 
taken, an attempt to remove certain Macpher« 
sons hvinip on the estate (»f the duke of Gor- 
din in Badenocb, the late (jlordon of Glenbucket, 
bii factor or tacksman, was invaded, and r«;- 
ceived many wounds, givrn with intent to be- 
him of his life, thuui>h he chanced to 



A. D. 1752. 



[174 



Yoo mast all rcmerubrr, how Imsely captain 
'Monro of Cukairn ivas assassinated, by lying 
la wair, when be was nctini: in his duty in the 
king's service, soon after the defeat of the late 



AaA yon most have all heard of the late barba- 

laos enterprise of Robert Macgregor and bis 

aceomplices, in carrying oflf from her own 

ksuMj the unfortunate Jean Kay, a young 

widow and an heiress, in the deptli of winter, 

aad middle of the night, into remote parts of 

Ikfe Highlands, and causing her to be married 

ts ikat Robert, a person of no fortune, and an 

aeiliw lor murder ; for being a conductor ui 

ithicb attempt, James Drummond, alias Mac- 

gn|ar, a brother of Robert, has been lately 

oiai«ied. 

Tbe cicuse offered for James Macgregor, 
VM the aime mistaken principle that appears 
t^hnt omled the unhappy prisoner at the bar. 
Itus nii that James 3IacgTegor was actuated 
^ me if the best affections ; he was seeking 
Mfcnsaal advantage to himself by that entcr- 
M^ bat only to OMke the fortune of Robert 

iad the now pannel James Stewart con- 
cmi a moral enmity against Mr. Campbell 
rf C fci ma, for disabling him to provide for the 
k of hU brother, Charles Stewart late of 
ted, by contributions levied from 
I on that estate, who had been under 



Bn alas ! what a delusion is it, from such 
I to be led to commit or justify the most 
I and abominable crimes ! the care of the 
I of one's kindred is doubtless a laudable 
and even when that good-will is ex- 
I to the remoter degrees, and enlarges the 
•f benevolence, there is no harm in it ; 
1 in both cases it be conducted with jus- 
ibe^ aad men exert themselves to serve their 
' , witbont violating the rights of other in- 
, ^or the laws of society and civil go- 
at;' bat ho who roba or defrauds his 
r, to pvofida for bit own boiubohl, or 




the immediate children of bis own body, is not 
the less criminal in the sight of God and man, 
that he was moved by an affection, in itself 
natural and just, but which he pursued in a 
wicked manner. 

And, in the present case of the murder of 
Glenure, there appears to have been no rea* 
sonable or probable scheme of advantage fta the 
familj/^ of the late Ardshiel, or any bmly ; but 
that it proceeded from mere wickedness, 
malice, and resentment, the most groundless 
that ever was. It affords a recent and shame- 
ful instance of that spirit of revenge, which 
was the characteri>tic of the barbarous High- 
landers in former times ; and a pity it is, gen- 
tlemen, and a reproach to the present age, that 
it should be yet capable of furnishing such an 
example. 

1 am far from meaning by this, that the 
crimes of a few %vir.ked persons can justly 
bring a general imputation on the whole country 
where these were committed ; we daily hear 
of most horrid and unnatural crimes perpetrated 
in the parts of the kingdom the most wealthy, 
populous, and civilized ; but the part incum- 
bent on the country where such things happen, 
is, to purify the land of the innocent blooii 
with which it is polluted, by bringing the 
gnilty to condign punishment; and this is 
M'hat you are now Employed in : and as you 
have attended to tlie evidence patiently, 1 desire 
nothing more, than, as an impartial and intelli- 
gent jury, you may consider it carefully, in 
order to discern the truth, and then to follow 
that resolutely according to the conviction of 

Jrour own minds ; which, if it lead you to be- 
ieve the pannel guilty, you will do justice to 
your country by saying so ; and if you are not 
convinced of his guilt, in God's name, let him 
be acquitted ; for lietter that this murder, atro- 
cious and scandalous as it is, should go alto- 
gether unpunished, than that one innocent man 
should suffer for it. 

In order to lay before yoo distinctly the evi- 
dence that you have heard of this pannel's ac- 
cession to the murder of Glenure, 1 shall tirst 
of all recite the state or situation in which the 
deceased and the pannel stood towards each 
other, previous to the murder, and also that of 
Allan Breck Stewart in respect of |both the 
others. Sdly, 1 shall point out to you the 
evidence that Allan Breck was the actual mur- 
derer, which I admit to be a fact that was in- 
cumbent on us to prove, in ordtr to convict this 
pannel of wilful accession to it: and, lastly, I 
shall sum up the evidence that has been 
brought of that accession, and examine the 
force of the defences or excuses which the 
pannel has endeavoured to prove. 

As to the first of these, the situation of the 
pannel himself; that, gentlemen, you partly 
know, and have heard proved : he is a bastard 
brother of Charles Stewart late of Ardshiel, at- 
taiutcd, who, out of his own tenants, and those 
of Dongal Stewart of A|>pin, hit chieftain, 
levied a regiment or battalion, at the head of 
which he went into the lata rebelliony accom- 



175] 



25 GEORGE 11. 



Tri^ of James Steiuartt 



[178 



panied, amon^otlien, by this iiaDuel, who bad 
the benefit of his majesty's act of grace or in- 
demnity ; whereby be was left at liberty to re- 
main with his family in the country, whilst 
Ardshie! himself, the attainted person, maile 
his escape into foreign parts, leafiniif at home 
his wife and a family of children, who, as Mr. 
Campbell of Airds has deposed, were all young, 
his eldest son being now, as be tliinks, about 
eighteen years of age, and consequently, at the 
breaking out of the late rebellion, must have 
been alraut ele?en. 

The late rebellion, as you all know, waa 
finally suppressed by bis royal highness the 
Duke, in the spring and summer 1740 : in the 
year followingf, the act fesling the farfeited 
estates in the king was passed ; and, in 1748, 
the lands of Ardshiel, among others, were sur- 
veyed by order of the barons of the exchequer ; 
to the property whereof a claim was entered 
on behalf of Alexander the eldest son of Charles 
Stewart, the attainted person; which claim, 
upon answers made for the king, was dis- 
missed by the court of session : and thus it 
happened, that there was no factor appointed 
by the barons on the estate of Ardshiel, until 
Colin Campbell of Glenure was made factor, 
by commission, bearing date the 2dd February 
1749, upon that estate, and also upon the 
fteighliouring lands of Allan Cameron of Cal- 
lart, attainted, and, adjoining to these, that part 
of the estate of Lochiel which lies in the shire 
of In?erness, to the southward of Fort- Wil- 
liam, and betwixt that tort and the ferry of 
Ballachelish, of which you have heard so 
much, upon that loch or arm of the sea, which 
separates Lochaber in InFemess-shire, from the 
country or district of Appin in this shire. 

Now, as this factory was ufranted full three 
years after the rebellion, it is to be olMer? ed 
how the estate of Ardshiel was |>ossessed and 
managed in this interval ; anil this ap|>ears by 
the oath of Alexander Stewart of liineriiahyle, 
who hath deposed, '* That, het'ore the factory, 
as he believes, the tenants paid their rents \o 
the lady of Ardshiel. and that she again em- 
ployed the pannel to deal with them." 

It was during this period, timt the pannel, ate 
the same Alexander Stewart dqioses, who lia<l 
been a great many years airo tenant to his bro- 
ther Arasbiel in the farm of (jlentluror, and 
had been removed al-o several \ ears ago by 
hib brother, again took poMtession of tlie same 
farm; and that Ardshier?; laily anti the pannel, 
jointly, intnxtuced certain new tenants of their 
own choice, into different parcels of the land, 
which Ardshiel, the atuiiited person, had him- 
■elf occupied before the relicllion. 

Again, wlien Glenure had obtained this 
Ikctory, after he had been for some time abroad 
With the regiment to which he belonired, in 
Flanders ; and being now come home, was oc- 
cupfed with the treaty for his marriage with 
the young lady who is now his widow ; he did, 
«8 Mr. Campbell of Airda hath depoM^, for 
> eorae tine eospkiy the now peMwl» as his sub- 
teter, in levying Ike MM efArdihiil, end 



letting the lands ; anfl. to the nme pnrrae. 
the said Alexander Stewart deposcay «* That 
the factor gsf e tbe pannel the opportunity oC 
having the greatest influence with the teDanta 
of Ardshiel, more th'iD any other pcr^oB, by 
allowing the pannel to aet the lands, whidi be 
continued doing to Whitsunday 1751, if not at 
that time also : but adds, that the pannel'a eon- 
nexion with the family of Ardshiel, gave bin 
also a natuuil influence over the tenaota, even 
before Glenure'a factory." 

The use which the pannel made of tfaii in- . 
fluence, natural or acquired, appeara partly 
from the evidence of the same two geDtlemen ; 
for, upon this article, Mr. Campbell of Airds 
hath deposed, ** That the pannel told him, thtt 
whatever was made of these rents, over what 
was paid into the exchequer, was accounted for 
to the children of Ardshiel ; and, when be re- 
moved from Glenduror, he told the deponent, 
that he had reason to believe^ that the aaul ex- 
crescence of the rents would still be accoontcd 
for to them ; and, in that case, he would ba 
easy as to his own removal." 

And Mr. Stewart of Innemahyle dep«Mi 
upon this article, '< That the pannel waa again 
removed by the deceased Glenure, the factor, 
from the farm of Glenduror at Whitaunday 
1751, and tbe lands lett to Mr.Camphdl sf 
Ballieveolan : that as the pannel ia thedcno- 
nent's near neighbour, the deponent had trt- 
quent opportunities of conversing with bia 
touching his said removal : that the pannel did 
not exfiect to have been removed, and aecned 
dissatisBed that he was ; and said, he believed, 
that Glenure wotdd not have removed him, if . 
(Mr. Campbell of) Ballieveolan had not senght ' 
those lands from him: that the pannel further 
said, that the tenants cfenerally allowed aome 
gratuity to Ardshiel's children, and that these 
lands were the best farms on the estate, and 
mosit of the benefits accrescetl from them; 
and thoui^h he himself could be provided ef a 
farm elsewhere, ^ct the children would be de- 
prived of that benefit." 

lu what iiiaiiiier thi^ removal of the pan- 
nel, from this bentficial farm of Glenduntr, to 
t^hicli he had last entered vince the rebeilion, 
without any lai^iiil title whatever, was bruugbt 
alwiiit, ap|»ear8 from the instructions to Glennie 
from tne harons of exchequer, pniducett and 
proved before you ; the last of which is in 
thefie words : **'You are, on no condition what- 
ever, to lett a farm to any of the friemls (i. e. 
the relations) of the forfeitiutr person*." And 
thou|(h it lie true, that these instructions beer 
dateihe 25th July 1751, about two months afler 
the actual removal (»f the pannel from Glen- 
duror, these were nevertheless the true cause 
of that removal ; for it wasiiuown orexpeflted 
by the factor, that he would receive such in- 
structions, there having been notice given li 
the lords commissioners of the treaaury, ef a 
considerable possession of the esUte of Lnehitl 
having been lett to, or for the use of one of the 
brothers of tbe attainted perMm ; upon wludi 
their krdshipi had diraoled the bniou of Iht 




to pird^iie Mgmmi the like hernjr 
tli» fnmre, in ovAer to avoid the occa- 
of cocitimtiD^ that Iratlins: or intluence 
IliP raXf^r tnhthtUUiz ilnise eftaie«, thai 
Ifieed flci mach disturbance apd mis- 
public. 

it «rB« throuirh tiecesaky, and in 

» fi^iihral tltfti^iinrgc of the duty «if 

iktftl Mr« CamjilK'n of Glennref at 

or in Way 1751, removed the 

fitnii hit |ioS9eBsioit of I he Vnryi of 

, to the cnntinttattce whereof he had 

tiiie or daim wlinisoever ; nm\ also 

to rmptoy the paiinei no logger .is hi^ 

lor or tsvintauti m ruaaagiiig the t-state 

'lid. 

to cotioelve, that ihere was any 
iif jtni caiisc giren hy this condvTCt of 
fnr reiientiDent or hatred from this 
it tiad heen tnie» which the 
1 J In Stewart of Jnucrnahyle, 

he Wlieved, Glen tire would Dot have 
fajmielf« it Balliereotan had nut 
m f^tieited tliia po^sesiion of Gkndaror 
mild yet, that the pannel conceived 
and prosecuted such disposilion 
Otttrageoufi m;intier, hath heen now 
vou. But, Wfiiic I tncn- 
ntcnce orihis, 1 must pro- 
li canse of diflefeuce be- 
and of animosity eon«- 
1 1» tmm the aftei'proeeed- 
I the spring of this fnp»»fnt 
pmr ; whtn Hk having taken the re&olurion |o 
i wiitt f* • few of those tenants, who hnd been 
iMRMliieed to tli^tr po^ensions, as I liave tni^n- 
H ijuly Hiid this nunnelf in 
lie rehetltou Ann the date 
trs, that the pannel beinjj 
I'j would l€»i»sen his interest 
''i peopte, if he sliotild 
r persons in the po<i- 
ki..i4^etr had bestowed or 
Umk the rr^liMion to oppose these 
uliirli he profeculed, hy repre- 
I ttn*! : ing of it in the country as 

ny act ■'' ^^ nmon^ liecao*.^ the king's 
r tiioagtit tit w» remove four or tire tenants 
kmif taltodiioH itpon this estate, who had 
Am^ leases nor ohl pos&essiotis, to 
m point of righti or in point of 
In bo contiuiied : and this ground less 
to ihooe remoiPings the pamicl set 
i and c^Kidocted at hi«< own ex pence, and 
fifo ttitoarlf ^reat a^tation and trouble in the 
MVrculioa of it, hariag gone to Edinburgh 
m Apnl tol, on parpote to present the bill of 
mtftmmon of tbctse removings, whith you 
hrm bard, setting forth mo&t frivolous 
pmrn dmi artit ^n ih«H ^viOiout the knowledi^e, 
I tbr the expence by 
((I whose names he 
r that bill of !«u*£pf niton, 
i al Ivlinburgh an order 
Ibe Inll frum ib^ lord lluti ordinsry, that 
tra •hiiuld be put in to (he same, anit 
r oliyiiig^ «<cCiitioa in the iuterirn : 
XIX. 



A. D. 1752. 



[ITS 



ihsiMitrval 



■t%»Bbb to IX 

fihicti i 




MylirHipti 
lit teottivt 



MfOCI } 
be tin 



with which sist, and certain td vices he had re- 
ceived at Cdinl>urgh, fur making ajijilicntioa 
for those tenants to the baronti of E\che<]tter, 
when they should meet in the begmning of 
June, the panoel returned to his own liouse 
on the 27th April ; and then sent (or those 
tenants^ and gave them notice of his proceed- 
ings at Edinburgh on their account ; and that 
if they had a mind to continue iUtrlv pciBses« 
sions, they were advised to go to Glenure, and 
seek their possessious (or demand such con- 
tinuance;) and if he did not grant their desirei^ 
th^y should send for a notary, and f^o with him 
to protest against Glenure ; and if tbev pleased, 
he wouhl send for a notary, to wFiich they 
agreed : and accordingly the pannel sent for 
Charles Steivart, who bsth been examined on 
this fact, and sent him along with the tenauta 
to Glenure's Imuse, where l»e intimated tho 
sist, and took a protest against hiui on the ist 
of May lasL 

It was upon receiving this notice of a sus- 
pension presented, aud a sist granted, that 
Gfennre repaired to Edinburgh, and put in his 
answer to the bill ; upon considerMton of 
which, the bill wns refused or dis(ni«»5cd by the 
lord Haining ordinary; nod then Glenure re- 
turned to his own house on JSuiurday the 9lb 
May last, in order to take the neces^ry niea. 
Hures for executing the teraovings that ha4 
lieen thus opposed. 

This part of the panners proceedings it 
proved by the oath of Charles Stewart his 
notary, by the pauDel's own examinntions, 
which you have heard read, and by Duncan 
Maccoll in Ardshiel, one of those tensnts, whn 
bath now deposed, ** That, upon himscit adiI 
others being warned to remove from the hnda 
of Ardshifl, as at Whitsunday hst, he Ibi- his 
part h»d no intention other tiuu to snbuMt to 
the warnjog, till a paper was procured iVom 
Edinburgh, which he heard read by Char J est 
Stetvart, notary at Aucharn, as on a day ha 
was there, being along with his neighbours fnU 
vertised to meet there, where he and his neigh- 
bours were told by the panoel and Charles 
Stewart, the notary, that the puper brought 
from Edinburirb, contained advice for ttiose 
who bad been warned to remove, to cominue in 
their possessions ; and that they should go to 
Glenure^ and osk the same from hJm. And 
deposes, That he gave no alio wan ce or man- 
date to the pannd to make any application at 
Edinburgh against the removing: that, before 
be beard any thing of this paper from Ediu- 
burgtf, he had engaged to serve as bouman td 
the tenants Glenure was to introduce ; but 
that, on hearing of this paper, he preferred 
keeping by hts neighboor^, as he considered 
the being continued in hit possession, did the 
law flupfiort him in it, as more beneficial to 
him ! and adds, That the procuring the pap€r 
at Edinburgh cost him no money.'* 

To the same purpose, John Macconibicb, 
another of tbove tenants in Ardshiel, both de* 
po^ed, aud adds this further circumstanco^ 
«* That a» to bis agreeing with the iticotoitig 

N 



179] 



25 GEORGE II. 



Trial of James Stetoarit 



[ISO 



tenaots to be their boamin, he heard both 
Glenure and these teuanta say, that it was by 
Glenure's adfice that this was done :" which 
is, by the way, an instance of the humanity, 
with which Glenure acted on this occasion, in 
being at pains to provide bread lor those per- 
sons whom he did not think fit to continue as 
tenants on this estate of Ardshiel, where they 
bad been so lately introduced by the paonel. 

These then were all the causes or offence, 
that after the strictest enquirv, can be disco?er- 
ed to ha?e been ever given by Glenure to tliis 
pannel ; namely, that Glenure as factor upon 
this estate of Ardshiel, removed the pannel 
himself from the farm or possession of Glen- 
duror at Whitsunday last year, and gave over 
employing or entrusting the pannel to act 
VDuer nim in the management of the lands of 
Ardshiel ; and that he was taking measures for 
removing the few tenants lately introduced by 
the pannel, at Whitsunday thu year ; which 
measure he persisted in, the opposition that the 
pannel was pleased to make notwithstanding. 
V ery strange causes, it must be confessed, for 
the pannel's conceiving a violent, and even a 
mortal enmity against Glenure ! And yet no- 
thing is more certain, than that Tiolent offence 
may be taken, where no just, or even plausible 
cause for it hath been given : and, from the 
first murder recorded in sacred history, down 
to this now in question, often hath it happened, 
that wicked men have hated their brothers 

, without acause, that is, without a reason or just 
cause, though there was always anoccsMon, or 
a motive such as it was, for that hatred being 
conceived. 

Again, it is to be considered, that occasions 
of offence operate differently, according to the 
education, temper, and character of the party 
who meets with them ; and we hare now heard 
from tlie evideuce in this trial, what a wrong 
way of thinking this unfortunate pannel is 
possessed of, in holding it to he a cause of 
mortal enmity, that a man should he removed 
by another from his farm or possession which 
he hath no manner of title to hold or retain : 
vhich is a pr^udice or delusion, that, in a 
lower degree prevails elsewhere, but seeou 
to be in a particular manner prevalent in 
the Highlands, and was the cause of the at- 
tempt made by the Macphertons to assassinate 
Glenbucket some years ago, as well as the 
cause of the horrid murder into which you are 
now enquiring. 

And, for one proof that this pannel is deeply 
uoisoned with this most erroneous opinion, you 
heard, gentlemen, a little while ago, the objec- 
tion that was by him made to Alocander Stew- 
art senior in Lagnahaw, one of the witnesses 
in the list served upon him, and called up to 
give evidence against him, to whom the paonel 
objected , that this witness bore enmity against 
him, for that the witness wasformerlv in pos- 
session of the lands of Aocham, woich^the 
pannel now holds under Mr. Campbell of 

• Airda; and that the pannel had catised the 
witness to be removed from thai ponanioD, 



and succeeded him io it : an objectiMi 19 itasif 
insufficient in point of law, whidi eaimol sup- 
pose men to be so wicked aa to eoterlain mortd 
enmity for such a cause ; and thenfbro, aa yo« 
heard, it was over- ruled by the court ; oot* 
withstanding which we freely passed from itm 
witness, bemg satiafied that we had erideiiee 
enough besides, and unwillmg to leave mf 
room for the pannel to eompiauia or for you, 
gentlemen of the jury, to apprelMiid that ai^ 
one witness was used against him, of whosfi cm- 
dibility there conld be the smalleat np^Mojaii; 
but the very moving of such objeGlion oq Ike 
part of the pannel, affords one proof itf kii 
own sense of' the nature and degree df moh 
offence. 

Another signal proof of this i^neara ffomlbt 
oath of £ wan Alacintyre,latoherdi|i Qleniiiimr, 
who hath deposed, ** That ho engagvi) If Is 
herd to Mr. Campbell of BallieToolan ia Iba 
farm of Glenduror, for the year 17j»l ; aad 
that, the day after he entered into his a ci t i s a 
there, the pannel challenged him for ^oeap tii f 
thereof, and told him, that ho woold befit-Mdv 
with him sooner or later for doing it ; and iMi 
if he did not meet with resentment himatlf ■ 
his life-time, others, such as his firicndi^ Wfkl 
meet with it after hia death." Aed •«% 
'* That he himself was never in thepemMl^s 
service.'' This was surely canying thia dshh 
sion to a mO(St extravafi;ant pitch, and sneh Ci^ 
to any stranger to this odd way of tkinUeg, 
must have appeared incredible, till he heard 
the proof of a fact, which demonstralee hew 
deeply that opinion is r(K)ted in the mind of tUl 
pannel. 

And, accordingly, we have heard how thU 
was farther dis|>Jay(Ml by his words aed bf his 
actions on other occamons, in respeot of the 
deceased Glenure, tor the causes oir offence i 
have mentioned, by the evidence I shall OOV 
point out. 

And lirst of all, John Bceck Macooll, the 
bouman to Appiu (who though he Uvea u ■ 
desart, appeareid to me to have given hie efi» 
deuce in a most natural ingenuous nennvi 
and, by his own words and behavioar rehtsd 
in it, discovers a degree of sagacitv whiebf in 
a person of hia situation, surpriaed me ; end) 
upon the article 1 am now 8|>eaking o<^ he de* 
poses, *< That in a conversation tim dep oneei 
had with the pannel, as the deponent beat re- 
members, about two years age,'' ^whetfier he 
was herein accurate in the cbronwogy, in nol 
essential to the question in issue) ** muntinj 
being made of Glenure's being about to. lelie 
on himself the management of the estate el 
Ardshiel from the said pannel, and therej^ 
disable the pannel from being of any serfien 
to Ardshiel's children, he heard the pannel anji 
he would . be willing to spend a shot apeR 
Glenure, though he went upoq his kneca tp hin 
window to fire it: and farther depoees, tbetlm 
heard a waif (that ia a flying or nneeclRJft 
rumour or) re|)ort in the conntryt ^hat Aid*, 
shiel (the attainted peraon) bad sent hamm m 
menage, that he beliefed all his friends wem 



181] 





Jht Murder. 
WU allowed to ffti oo Ai 

«iiolher remirkable conversation of 
•aoef's vsL die sume spinit but earned a 
4ail fkriHer, is proved to jiive happened 
dratmui lAilt 175 1« withtn the panoel^s 
Mvir*koi»«« M Aneham, betwixt him and 
iC to o«tn Mrmnts, who all coociir in 
■filiftafr.^ T 'in Wore Maccoll, Dou- 

fiH■enK« ar '<('t^ Malleoli ; of whom 

im bilb tifjupwwu, *''TliAi he was present 
If % oottttmsloii tfnil hrt|fpened bet^^ixt the 
Joliv Begr tnd Doitj^nl AlaccoUs, both 
Co flic pannel, in his brew- house at 
, N^We day-lig:ht, upon a morning 
Ysit (or Cbristmnt*) last, as the deponent 
PDMObim : that the depc^nent was then 
te|ilo3fad hi diftirirng' th^ second draught of a 
Iff aqmiirirte, and the pannel ordered 
In (rife him, and people preaenl^ 
wliieh the deponent did : that the 
i« Otenure would not take the rent 
lilt itiMflta of Aucharn« part of the 
kecauae they had givert the 
lanrley, which Glenurc iilled:cred 
heve paid him: that the pan- 
it was hard to refuse the 
itf BitMtfy froiH tlie tenants in a scarce 
\ twf OMerveit that it would be of no 
fitem^^liai^ce to him, the i.nTmf'l (hough 
aAHMMr'bajek Ibe barky irison 

f v4ir Ir mild be to the t* [ subse- 

iw, i«l caie they were obh^d to pay 
% bear and meal,'' (to- wit, in kind 
foiti' i '* and i^ld the tenants 

►i»er» ly to he very ill off; 

ir, if GMmiro w*;ut on in the way he then 
•I w*j Rkely b« would be laird of Appin 
t a ^f^rf iliort i n<t that he knew unce a 

Ml€f <Mlllt ' ^Pt^io ^b<> would not 

ITImil^ tci ^u ou atflueha rate: 'Jo 
«lir tirponetit and the rest answered, 
lliM*w nu ooinmoneri in the country 
' Blrive or eoutend with Glenure to 

fW f » t>f iF na tion in the bit^w-house '\h flif* 
irjftti^ <!r eiqitained by the otiier two 
NMlMtM*tfHlt : and John Beg Muccoll adds 
IbiitCMhi^tTCt-, '' That afler he and Dug^aUl 
sqbU •■ 'le hrew-hoone, either 

_^ ^1^ **' ' iierenf^er J they talked 

mpl fer what the iiupor' • c>nversation 

I^M li# I mud that ibe ^\ a^ at a loss, 

^Mitr meannid^r it %% - u^enietit to 

dcsiiin^, nr a» E^ > ■- .igainat (he 

of ApptOf as nru t>f nig so faithful 
leL a^ he ei peeled them to be J' 
ba> fr*? '-T ^ ,ir conaideratioOt gen» 
liHlit Sn Beg Maccon was 

M4b tbe rf|Eh. >u i-.. conjecture; and that 
f«fMti«^ can rcceife no other con- 
, tbait that ttie (mnnel took that occa* 
ittiMli^fc tbe«««erfintaof his own, who 
•Mof tm* tr?tw, to resent agrthist Glenure 
'tnmon people of 
r < id had thus re- 

aimI ciJaiggcratad to tbem; ckf ftt 



A. I>. 1752. 



fl&2 






Teaat to feel their pul^t, and try how tbe^ 
would relish Stieh a proposal or insinuation. 

But farther fitill. the pannel continued tc? dia- 
cover the rnncour with wijich his* own heart waa 
filled a^gj^dinsC Glenure; the next instance of 
which (hat hnth apji^ared iipon the evidence, 
hftppened in April laat, when he was on hid 
road to £ldinhurgh, with intent to offer a bill of 
suspension of the removing of the tenants thai 
hath been mentioned: and. here three circum- 
ttancaa are proved hy the testimonies of A lei* 
ander Campbell and Ewan Murray, two of his 
landlords or innkeepers by the way, and Colin 
IVfaclaren, merchant in Stirling, who fell into 
company with the pannel at both their hoatet, 
and travelled io the panneWs company aonie 
miles on the road towards Stirling* 

Alexander Campbell in TeynalnJb hath de* 
posed, ** That in April last the pannel called at 
the depoDeot*8 house in the morning to have 
his horse corned ; and having calico for, and 
got a dratn, which was afterwards set down 
upon the table, one flaclareni a merchant in 
Stirling, who had lodged with the deponent 
the night before, being present, asked the pan- 
nel, if he would not help the deponent to a 
dram? and the pannel answered^ he did not 
know any thing that he would help the depo- 
nent or any of his name to, if it was not to the 
gibbet: and af^r some farther conversation, 
the deponent said, thbt Glenure, as he sup- 
posed, was the person of the (deponent ^s) 
name with whom the pannel had the greatest 
quarrd ; and the deponent did not know any 
good cause the pannel had for it. To which 
the pannel answered, that if Glenure had used 
the deponent as ill as he had used him ^the 

Cannel,^ hy turning him out of his possession, 
e would nave no less quarrel with him than 
he had. Aud, upon the panne^s interrogmto- 
nes, the witnrss added, that at that time he 
thought what the prinnel r>aid proceeded frotn 
malice, and that the pannel was then pifrfectly 
Bober,** 

This conrer^ation was confirmed by Colin 
Maclaren, the nierchant, who lodged in that 
house all night, who adds, *^ That the pannel 
then said (speaking of the Campbells) that he 
did not chuse to be an executioner, hut be 
could draw down some of their feel ; — and that 
at tirst, during this conversation in CimpbeH*f 
house, he thought that the pannel had been in 
joke, but afterwards it was like to become 
vety serloas; for the landlord and he cauie tu 
pretty high words toffelher.*' 

The next landlord, Ewan Murray, at the 
west end of Lochem, hath clepr>sed, " That in 
April last, the panne?, and Colin Maclaren, 
merchant in Btirling, came to the depunent's 
house, and tlie pannel lold the deponent, that 
Glenure had warned away sercral fnuiilies in 
ArdMifers estate to remove: .ind itu»t he was 
tnfbirned, that none of the i the thr- 

ieited estaien had power to n: tenants; 

and that he was going to Edtnburuh to take 
advice of lawyers about it \ and if he had not 
thAt poweri tbtt the piuiiiel would apply lor 



183] 



35 GEORGE II. 



TruU qfjanut Slewirt, 



[181 



suspension in his own name, and in name of 
ttie r. Bt of the leoaDts : and ibe conversation 
turuin^ upon an officer in the army that was 
braindi'd «iih cowardice, and liad been broke 
on ihatacciiiiiit ; the pannei said, that he bad 
reason to sa^', that Glenure was as flrreat a 
c'0.«ar<l, as that officer ; for tliat be, the pannei, 
had riiulif n^bd bim to lii^ht him, which Glenure 
deciinfd ; and ilesired the deponent to tell 
Glenure, that he had told him so : but the de- 
|ioiient answered, that he would not carry any 
such mcssaf^e tVom one |;entleiuan to another : 
aud from the conversation, the deponent on- 
derstood, that the arms with which the pannei 
had challenged Glenure to fight, was with 
pistols.'* 

And it is true, gentlemen, that this witness 
adds, upon the pauncl's interrojratory, ** That 
he thou{;lit the pannei was a little concerned 
with drink ;" but it* it was so, turn verdt voces. 

This conversation is again confirmed by Mr. 
Macloren, the pannel's fellow- traveller, in both 
the parts of it ; who adds this circumstance, 
that the latter part of the conversation hap- 
pened upon the road after they left that bouse, 
and Murray the landlord rode some part of the 
way along with them : and then Mr. Maclaren 
deposes to a tliird conversation betwixt himself 
and the pannei, in these words : '* that, after 
parting with Ewan Murray, in the course of 
their journey, the deponent found, that the re- 
moving was much at the pannel's heart, and 
the deponent endeavoured all he could to divert 
the conversation to another subject : that the 
pannei told bim, that if he failed in a suspen- 
sion at Edinburgh, he would carry it to the 
British parliament ; and if be failed there, told 
bim, after a little pause, and with an emphasis, 
that he behoved to take the only other remedy 
that remained." 

These last words, gentlemen, need no expla- 
nation ; for surety, after the judgment of the 
British parliament, no other legal or lawful 
remedy could remain. 

And, as to the condition of the pannei during 
these conversations, Mr. Maclaren farther de- 
poees, ** That he did not think the pannei 
drunk either in Campbell's house, or in Ewan 
Murray's house ; but after leaving Murray's 
house, the V drank two or three drams at l dram 
house, and afler that the deponent thought him 
much concerned with liquor ; and it was after 
taking these drams that the conversation be- 
tween Murray and the pannei, with respect to 
challenging Glenure, happened ; and that the 
deponent and the pannei had rode several miles 
together before the conversation about the Bri- 
tish parhament ; and the deponent thought 
him even then still concerned with drink:*' 
and very likely it was this that threw the pan- 
nei so much off his guard as to speak out, to 
his landlord and his fellow-traveller, so much 
of what lay deeply at his own heart, and to tell 
upon himself this matter of fact about the 
challenge be had given Olenara to fight him 
with pistols. 
Aucbappearing to hare been the temper and 



disposition of the pannei towards Glcnue in the 
month of April last, and before that tiaie ; I 
shall next point out to you, gentlemen, the evi- 
dence concerning that of his friend Allan Brack, 
who himself does not appear eier to have had 
any acquaintance of, or intercourse with Gle- 
nure in his life, but, by the pannel's own shew- 
ini;, was his kinsman, and had been bis ward or 
pupil ; and, bv Breck's character, and his then 
situation, as being engaged in foreign aervioe^ 
aud not at Uberty to Eve openly in this king- 
dom for any long time, though be went about 
among his highluid friends without any scruple, 
he was a fitter instrument of the vengeance 
meditated against Glenure, than the Maccollt 
the pannel's own servants, or any of the oom« 
mon people of A|ipin, could be. 

And, concerning this Allan Brack, John 
Beg Maccpll, one of the pannel's aervanlB, 
hath deposed, ** That, in March last, he i 



to the pannel's house, late in the cveniqr« 
dressed in a blue coat, red waistcoat, blade 
shag breeches, and a feathered bat," (that is in 
his French dress, which the witnesses call a 
side or long coat, in opposition to the blaok 
short coat with silver buttons belonging to the 
pannei, which he was afterwards seen in ; and, 
upon this his first arrival, the wimess proceada 
to depose,) «« That he looked into the kitcbcB, 
and went immediately to the room where the 
pannei and his family wera ; that afterwards he 
used to go through the countrv to diffeicnt 
places, and came frequently hack to the pao- 
nel's bouse: that once he remained tbore ■ 
week, which was tlie kmgest time that he 
stayed thera at one time." 

Here b then the intimacy still subsisting |ie- 
twixt the pannei and Breck, that natniallj 
arose from the acknowledged connection be- 
twixt them ; the pannel's house was his head- 
quarters in the country of Appin, from wbenot 
he made his excursions to visit his other friendi 
in those parts ; and, during the pannel's ab- 
sence on his journey to Edinburgh, Breck went 
over to see his relations in Rannooh. And it 
hath appeared upon the evidence, how tho- 
ronghly Mr. Breck espoused, and entered into 
the notions and sentiments of his old guardian 
and friend the now pannei, with reapeoi to 
Glenure. 

And on this head Duncan Campbell, change- 
keeper at Anuat, deposes, ** That, in the month 
of April last, the deponent met with Allan 
Breck Stewart, with whom he was not befora 
acquainted, and John Stewart of Auchnacoan, 
at the house of the walk-miller of Achosragan, 
and went on with them to the house ; that 
Allan Breck said that he hated all the name of 
Campbell; and the deponent said, he had no 
reason for doing so ; but Allan said he had 
very good reason for it : that thereafter they 
left that liuuse ; and, after drinking a dram at 
another house, came to the deponent's house, 
where they went in, drunk some drams, and 
Allan Breck renewed the former conversation ; 
and the deponent making the same answer, 
Allan laidy That if the deponent had any re« 
1 




Itf J ^^^^^ fof Murdtr. 

muA $ut Mi fnifiditv lie would tell them, that 

J Ik&fnlhr^ Ml lorn otil Uie pusiMessoni of 

Mriliiir< etl»le, he irciuld make bUck cfK;ke 

•f ihm liefi>re liiey entrred ititu potsesiion ; 

Iff tvhicb tbe ile(>oaeiit understood ehooling 

lMi,ililtiiMf • eommon \>hrMti in the «t»uii- 

I try : iImA JoTin Stewart said lie did not blame 

ijj^aigw «a mucii as Daltieveolan, for taking 

H^B fmmamious^ wbrreiui Gleaure was doing- 

^^Ei^t«erti€«: and Allan Breck replied, tbat 

^^BhIImIv be b*<i another ^ound of quarrel 

^HmI GiMiarc, for writings to colooel Craw- 

mi^lksl bit, Albn^ ivas come home from 

Fnsoe i ha^ that he wfts too <*UQtiiiig^ Tor him ; 

Utihaif wImo At Edinburgh, he had made up 

hii pisei intli general Churchill, and htd got 

hit pMVt itliicli lie had m his pocket-book: 

ikm Qm^tfmumi aiked a iiqfht of it ; that he 

•i»cbe4 libDOCiket*hook, but conld not find it ; 

v^mk iilttcti lie lore a leaf out of the book, and 

■aIiI, ibnv is vraa. And deposes, that he said 

iwvoAj tHMi mer, he would be fil-sidtss with 

0kfMit« mktn >ter he met hinii and wanted 

Ibiiii to meet him at a conte* 

c e ar e ra ation is contirtned by Anne 

.nttotlic ^aid Duncan Campbell, 

'< t, Tt -Isf- heard Allan Breck then 

Il« I shun Glenure, where- 

huix , L ; ^vbich she understood, 

dal l>e mwm t« do hurt or barcD to Gleaure, 

«f«T he «iw him." 

in i« further contirmed by Angun Mac^ 
,1k -miller mentioned by Duncan 
f«ert Stewart, a fourth 
t >iii[iany, who adds in- 
AlUu Bteck was much in drink at 
•f otleritig the abore cxpreasiof&s * but 
i«y aee nnt ihe leai to be regarded in this Iriat, 
%h« tlie oceaatofi of theM threats, the repe- 
liiaa eC thvin, and, butt of all, tha fiital cjtecu- 
linkal^ heett at the aumc time proved before 

like converftatioo of Allan Breck*s 
to hftve happened at the hou»e of 
llfteooil, change- keeper at Portua- 
tMtkf hf fbe landlord, and by Anne hU wife, 
«l# iipfc, '* Tb4l« one momiDg in Apnl 
t«l« Attan Emk beinff in hii house with John 
i«bit UmccolT, then servant to the de* 
Into the comjiaoy in a shabby 
i llial Allan Breck a«ked who he was? 
IB lb* Mil John Stewart etiswered, that he 
viiaB baaiest poor man, with a numerous 
taijr of aoiall children, and thut it would be 
fiHI dianty 10 any boily to ai»tHt him ; tipon 
wkilli Atlaii'flrrck dchiretl ihc $aid Jabn 8tew- 
«t la gite tli«< aaid Juhn Maccoll a stone of 
•■y, and be would pay for ii, which llie said 
Sikm Mtcwan iirfiini^i'^il in ihi i tiuu ihe tiaid 
lAien f u L dram, 

" "ii»tij i' 'I <, : , I,' V 'I ,, :'.;]■ tlie red 
lid givw him what was much 
mr^ that ihcf gave no great 
time eac'; aX thf* time ; but, 

the}' keAfd of ' murder, believed 

Okoti(«t a» he vtas oomtuouly caUed 



A. D. 1752. 



[IfiO 




I Colin Roy, which means Ited Colio, to iht 
country," 

A third and very remarkable instance of Al- 
lan Breck^s conversations on this suhjecr^ wat 
one which he held with two of the panner% ter* 
vants above-mentioned, Dugatd and John ^Ior6 . 
Maccolls ; whereof the former dep06e*| **Thal 
a^ he and John >]accoll were harrowtog in a 
field belonging to the pannet at Anchftrn^ being 
the same day, or the day after the paime! went 
for Edinburgh, (that h, on tlie 3d or 4^1 of 
April) Allnn Breck Stewart walked for a good 
time about the field ; and as they were loosing 
their horses, the said Allan Breck and they en- 
tered into conversation about France, and |)eo- 
pte from this country there; and John Blore , 
Maccoll aakeil, if there waa any prospect of any 
of them coming back? Upon Allan Breck 's 
answering, he was afraid tbay would not, John 
More said, he wished that none had ever come 
from that country ; in which the said Allan 
Joined him, saying, it bad dispersed ihe friends 
he most regarded ; and (then added) that it waa 
a particular misfortune, that the manacfement 
of any concerns they left behir>d Uiem, fell into 
the hands of one that w&s about to shew tbeiD 
no manner of favour; and declared, Uiat be ' 
meant Glenure ; mid told, that the commonerv' 
of Appin were little worth, when they did not 
take him out of the way before now ; and upon 
their saying, nobody would run that risk, not 
knowing who would stand by them, Allan 
Breck answered, that he knew^how to convey 
out of the way any person that would do »0| ' 
that he would never be catched ; and also Aaid» 
that they, and the tribe they were of, (meaning 
the Maccolls) were not like to he the least 
sufferers by Glenure^s proceedings.*' 

John IVlore Maccoll aweary to the same con- 
versation at the harrowing, and deposes, that • 
Allan Breck then said, If they, the cotn- 
mooers of Appin, were worlh tiiemselv^, rhey' I 
could keep out Glenure, and hinder him from 
oppressinjLf them ; in which case they would 
noi be banished from their natural possessions ^ | 
and, upon ihe deponent's answering, he dtd^ I 
n4t see how any body could pretend to strive or* I 
slriiggle with Glenure in that way, as he had 
the laws of the king and country for him, and 
nofiody to support or take them by the hand 1 
aAer their so doing, Allan said, he had it in'1 
his power to save or protect any budy that j 
would put Glenure from trampling upon ihe ' ' 
country in the manner he then did, * 

Here then was Allan Breck Ihe pupil, in^ 
spring last, a few weeks before the murder hap-« 
pcned, speaking the very same lunguige, tod 
u^iog the same argumenta« with two of theao' 
Maccolls, the servants of the panne), withal 
which the pannel himself bad been praciisinif^ 
upon them in his own brew-house about Christ- m 
mas likat ; and this conversation of Breck 's was 
not like the former, after drinking drama ml 
change ^houaea, but when be was sober and^ 
ct>ul, walking in the tields about the pAnnera^ 
house, which waa in effect his home. < 

And) to the evidence on this article, naaj be 



18' 



7J 



'25 GEORGE II. 



Trial of James StetMirtt 



[188 



added, what the panncl himself bath declared 
ut hiR fiivt examination belore the sheriff* sub* 
tititute, which has beeu proved and read id your 

tiresence, when, being interrogated, ** It' he 
lad any conTerMUion with Allan Breck con- 
cerning Glenure? be answered, That tlie said 
Allan asked tke dedarant, if be beard that Ser- 
jeant MoK (Cameron) was come from France, 
or if be waa ui the country of Appin ? To 
which tlie deckreal answered. That he did not 
hear be was in Appin » but be heard be was in 
Glenetif e last year ; whcreapon the sud Albin 
lold tlie declarant, that aerjeant More swore he 
woubi kill Ulenare, berause of the treatment 
lie gave the ImeetieD the estate of Mamore, 
pari of Lochiai estate. Declared also, thai the 
aaid Allan Breck threatened that be wonki chal- 
lenge Ballieveolea and his sooa so fight, be- 
cause of hia reaiof ing the declarant Ust year 
froB Glenduror, and being about to remove the 
other lenanta this year from some other parts 
of the cstau of ArdshieL" 

Now, aa to the mention here made by the 
eamiel of aerjcant More Cameron, I sliall 
nereafter have occaaioa to take notice of the 
oae the pannel made of it ; but have here onlv 
to obierve, that the oausea of offence, for which 
the pannel saya Breck threatened to fight Bal- 
lieveolan, were the venr nroe which tlie pan- 
nel himself, aa well as Brack, resented an high- 
ly against Glenura, namely, the removing the 
pannel bimwif from Glenduror the last year, 
and being about to remove other teoanta of 
Ardsluel this year: and though the pannel 
carefttlljF avoiiksayime any thing of Breck's 
threatanings against Glenore, efter he bad been 
actually murdeied, and bad attempted to throw 
the suspicion of that upon aerjeant More; yet 
here, by the pannel's own ahewing, Breck had 
eotered thoroughly into those quanrels of his 
for the actual removal of himacif, and tlie in- 
tended removal of others, and threatened to 
challenge and fight BaUieveofam upon that ae* 



And aa to the other ground of qnarrcl agniaat 
Gleniire, which Allan Breck mentioBa in ooe 
of the above ceav eia atiens^ neaaely, for his 
snnpoaid writing to coluaei Crawfuni, that he, 
AiUu, wai ooese home from France, I shall 
nM lake upon me to explain, or to geese in 
what manner Allan Breckceaaetobeposseaeed 
with such a conceit ; because we have beard 
no evidence coocciaiog the nsaneer in wluch 
he received sneh piece of faise informaiioo or 
inielligence ; for that it was false hath been 
fuUv proved belbre yea. 

ArsK of aU, coUnc4 Crowfiml hinelf ^^ be- 
iiK^ asked whether tkedeceeaed CoknCamp. 
bell of GIsMMC ever told kinft, that Allan Bveck 
deserter, and in this eoueinr. 



Slewart was a 
haih answered upen 

And next, Mr. 
Msed. ^'ThaA, ii 
maa ealanci Crowta^ 



in the negnlive." 
9i AM hmh de- 



it was so : that the deponent did enqnire, and 
wrote the colonel for answer. That he bend be 
had been in the cooatry, but that he waa than 
eone away : that this was in •the menik sf 
April, to the best of the deponent's reaseai- 
branee ; and it seems about that time AllaA 
Breck Stewart had gone to Hannech, whiek 
gave occasion to the deponent's being informed 
that he was gone away, and did not hear ef 
his having returned to the country till afhar 
Glenure's murder ; and thinks he wrote aha 
to cokinel Crawfuitl, according to the infecmn^ 
tion he bad got, that Allan Breck Stewart wat 
in use of coming crery year to the eemlry 
since Ardshiel went to FnMceL" 

And Alexander Stewart of Innemahyle de- 
poses, «' That he lemembers that Allan Break 
Slenart came over to thia cenntry a year at 
two ago, and stayed asmc weeha a m on g Ms 
friends ; but neither at that time, nor the krt 
time, did he seem, so far aa the deponent a^ 
served, to be in any apprehension of bei^ 
taken ; only, as he had been once in the anty; 
he did not chose to meet witli any of the knifli 
troops." 

And besidee all this, it hath appeared in the 
proof before you, that Brsck Stewart remalnad 
in the country, as usual, a lull month or asaM^ 
after be had" mentioned the aoppoaad nolist 
given concerning him by Glcnnre te eelenrf 
Crawfuni ; and it bath not been proved, or emi 
alleged, that in pursuance of that notiee, whn- 
ever gave it, tkero was any aearch made far 
Brack, or the smallest disquiet given tn hun# 
or any alarm or precaationa taken by byn,- til 
after the murder of Glenure. To aaj nathiap 
thereftro of the injustice of that cauae of m^ 
fience, had it been true, that Glenure, n goiA 
subject to his majeUr, formerly a military, ani 
still a dvUoflieer in his service, badi^vennn* 
tice to the commanding officer in a n«tfkb 
ing garrison, of auch a person' as BrecC S 
art, a late rebel, a deserter, or a French i 
saiy possabiy for raising recruits, 
faaely come into that oonntry; I have only le 
ebaerve on this occasion, that in fact it ia inGro-> 
diUe, that Breck Siewnrt himself, upon a bane 
surmise, which was net true, that Glenure had, 
given such notice to cokmel Crawfurd, 
upon which no molestation tbilowed te 1 
should have conceived or proeecuted a 
hatred against Glcnnre; and tberdore the I 
cense of that enmity must have beeitihe « 
main ouairel or cause of oflence, 
first taken up by the now pannel, i 
adepled and cse s ejed by Breck in the nannar 
that yon have heard. 

And for the truth of this obmnaiiun, wv 
have the authority of the pannel himself, wto 
had ihe best opportunity to be tboro u f hl y aa«' 
qeaim ed wnh Allan Brock's sentiments; fart- 




in the pannei's evasainaiion that hath I 

yen, he says, •• That bow soon the 4n>* 

\i heard of Gknnre^saauidcr.ii canwiMer 

hi s e y en t Mere hed dene it, h»- 

I BNckhedtaMhim.th«itheariii 

whindjiiiamtegii 



A. D. 1751. 



[lOO 



' froai Pranc€, upon 

e'i trtnUneni of Lrficluers 

» MIeriaff Willi Jobn Cameron 

ttkmt to Loch id. That ihe de- 

f<or tuipectio^ Atkfi Orecic 

bfCftiiHC he left the country 

Uikin^ tefeve o\ htm, m he 

if ibe suiA Allan ivas guilty of 

, lie belief PS it behored to be on 

littwrbwic^ ^iv«n to the ten«nli 

^ ArdtMd, auJ lie knovrs oo 

^aiul» the eTidetice you 
I 0f %k% estnirt of offeuce, such as 
L «iere taken hy tt>c jintinel and 
el( Stewart against the late Gle- 
in which their resent- 
I had been expressed and dis- 
itthe moplh of Aprd last^ 
Iweot la Ediaburgh to obtain a 
■jing the reinovings. And 
ted to examine the evidence 
! animoilties and tlireaten- 
rlbnl execiitioD thereof by the 
' Okoure, upon the rcry e?€ 
I or tb« 15th of May, when he 
' 1 to the remofiog^ of the 
ef he had, upon answers 
ibHlofitiRpenption oOered by 
>f«ftiae<>ordrsmtgR<'d ; whereby 
t eflbrt^ to prt* r<iul those rcntjor- 
t« tiis own authortfy or in- 
» ItMitits of Ardshiel, had been 

Apiril last, by the panners own 

lo his own house from 

I l!i€ order he hud obtained on 

lioo, th»t the isame should he 

1st or May of proceediog^ tQ 

after which, lie caHed ihe 

i. ihem notice whnt he had l»een 

■d aeni them with his notary 

\ lo (Jtetiure ; which wait ac- 

I •!! the l(»t of Mfiy , as Charles 

hath dejtofed. i 

gth of May, Glenure re- 

i^itomfrom l5dinbtirjfh, wbr- 

t^make an answer to that 

thm had been intimated to 

at anawer, had g^it the same 

Ml. I *r^v** out, in his 

ing himsHf 

^lunilaythe 

It settle the 

I estate, and 
re the 15th. 

lit is proved 

II S*tew»rt of 
in Glennre's 

uniiy, (K near ni*ijfh- 

I thc99 ai.'eoT«pani<d hy €b driest, 

inert aon-. * V' Brcfk 

to pri I lie ino- 



» Ilia Uf) f\ 



was come from 



Bilinbnrgb» with a warrant to remove Iti* 
tenants ; to which Allan Breck said, That if 
there was a warrant, tlier* wan no more to fm 
said ; but that if he ii»d no warranl^ he wonM 
not be allowed to remove them : and t!ie wit- 
ness adds, that he heard, on 8unday the lOtti 
of May, that Glenure was ^omg lo Fort-Wil- 
liam \ ' and AlUn Ilreck lelt his bouse about 
nine o'clock Monday morning^." 

This is conlirmed hy Jatnes IStewart the 
younger of Fasnacloicb, who adds, *' Thai 
ilreck was then io his French dress, and that, 
when he went away on Monday the llih, about 
nine in the mornings, he told the family that be 
wifi ^oiag; to leare the country soon, but vmM 
see them ag^Qin at Fasnacloich before he went 
away : and further says, that, on Sunday the 
10th, he heard, being in compony with Allan 
Breck, that Glenure bad fot an order from 
Kdinbur^h to retDore the tenants, and was gotie 
to Fort-William.*' 

From FBtmaloich, Allan Breck come directly 
the same ihy to the panners house at Atrdiani, 
where, soon after, he put off his French clothes, 
and put on the block or dark-cidoureil short 
coal heloflg^in^ to the panncl, with t»ilver buttons, 
with a bonnet and Irowser^, l>eingf, as several of 
the panners serrants haire de|jo^d, the second 
time Ihey ever saw him in that dress ; the only 
former lime having been, when Breck went in 
these clothes for some days to Rsnnoch in 
April preceding, whilst the pannel was a I Edin- 
bur^i. 

Ao«l now the paonel himself hath declared, 
•• T^ttt he Wfi* infrtrmed on Blonday the 11th 
of May, by his sou Charles, Allan Breck, and , 
Fasnacfofcb's daughter, that they heard Gk*- 
ntire was to ^o to Locbaber that day; and that 
one or other of them told him, that Gknore 
was to refnove tlie tenants of Ardsbiel.*' 

By the communication of this intelligence, 
it appeared, that the matter in dispute was com- 
ing^ to a crisis : the laborious efforts made by 
the panoel, in going to Edinburgh, of his own^ 
aeoordf to get a stop put to the removing, be 
now saw were rendered inelTectnal, by ineamr 
of Qlen lire's bavins^ gone ihithrr alter him : 
and it is p res um edible from the facts that pre- 
ceded, andthst followetl this day, thnt (his was 
the time when the patrnel antf Brpck, at bis 
own house, concerted* that Glenure should be 
cut off by thp hands of Breck, upon his return 
from Fort* WilHam into that country of Appio ; 
and, as it appeitra from the evidence, that the 
pannel at this time was low in caflb, tite facta 
tltat hare been pro red serve to evince, or to 
render ii further pi e^iumeable, that at this time 
it was concerted betrnjct the panoel and Breck, 
that the latter, as soon as hi« work wss door, 
should rt?t!rc to the depart of Koalisnacoan, and 
iher*^ wait, till either the paonel setit him a 
supply of mnncv ^ ' him off, or catiseil* 

the money to b* by his friend and 

rorrrspnndent, VViMiuit. .i^wart, merekaol ill 
Marvl«ur'j;-h. 

It i& triK', that fur some houn of this MoQ* 
dny the IHh^ tbt; [lannel went from bisowa 



191] 



25 GEORGE IL 



house, upon a menage from BIr. Campbell of 
Airds ; but he returoed home in the eYening ; 
•ad in the dispositioD that both he and Brack 
Stewart had long been in towards G tenure, 
which was now more inflamed by this fresh 
intelligence tJtey had receiTed, that Gleoara 
bad. got the better of them at law, and was 
about to proceed in the remofings, a very short 
consultation betwixt them might serve to make 
all this concert ; the evidence of which arises 
from the ensuing facts, joined with those pre- 
ceding this 11th of May. 

For it hath been proved, that on the morning 
of Tuesday the 12th Allan Breck set out from 
the pannel's house, dressed in his short clothes, 
and went directly to the house belonging to 
Stewart of nallachelish, adjoining^ to the ferry 
of that name, upon the road b^ which Glennre 
was to come from Fort Willuim into Appin ; 
and there Breck met his frienil Stewart the 
younger of Fasnacloich, who hath deposed, 
•< lliat he took notice to Allan Breck, that he 
had changed bis dress ; who answered, That 
he did it because the day was warm :" and 
adds, *< That the deponent was informed at 
Ballachelish, in compiany with Allan Breck, 
that Glenure was gone to Fort William." 

The same day Allan Breck went, accompa- 
nied by Fasnacloich the younger, to the house 
of Macdonald of Glenco, where his mother-in- 
law, the pannel, and Ardshiel's sister, also lived; 
and from thence, after staging about an hour, 
went a-cross llie terry to the house of Cameron 
of Callart, where another sister of the pannel 
and of Ardshiel lives, and where he lodged all 
thatni{rht; and next day, being Wednesday 
the 13th, came back, after calling again by the 
way at Glenco*s house of Camocli to Balla- 
chelish, where he remained the night following. 

And now, gentlemen, we are come to the 
fatal day, which was Thursday the 14th of 
May last, of which, and the days immediately 
following, the various events and incidents that 
have been proved before you, merit your par- 
ticular attention, as I endeavour to put you in 
mind of them, as nearly as possible in their 
order. 

On the morning of this Thursday the 1-Uh, 
about 7 or 8, as John Beg Maccoll, the pan- 
ner.s servant, hath deposed, " The pannel sent 
him off with a letter to Charles Stewart, notary 
public at Maryburgh, and told the deponent, 
that the letler was to make, or cause the said 
Charles Stewart come to the country of Appin, 
to protest against Glenure, in case he had not 
a sutficient warrant to remove the tenants of 
Ardshiel ;— and also told the de|ionent, he was 
to get some money from William Stewaft, 
merchant at Maryburgh, to pay four milk cows 
that were bought for him in the country ; and 
that if the money was not sent, he would not 
get the cows ; and that the pannel desired the 
deponent to make all possible dispatch : — that 
accordin)<ly he made all the dispatch he could to 
Fort Willium, where he arrived about IS o'clock, 
and delivered the pannel's letter to William 
Htewart, merchant ; who told him, that Charles 



Trial of James Stewart, 

Stewart, the notary, was not at home ; bolthat 
there was a notary along with GleDare« wko 
would serve the pannel as well as Glennre; 
and further toU the deponent, that he, the said 
William, had wrote to the pannel in the mon* 
ing ; that the said William did not gire hiB 
any money, but said, he wonld send aorfails 
for the cattle." 

The reason whv he got no money at thb 
time, is exphiined by William Stewart himwH 
%rlio deposes, '* That he gave no annrer ii 
writing, and thinks he did not ffive any toW 
answer, if it was not, that he oid him tall hm 
master, that he was not in cash, which (be nys) 
was the case." 

The letter itself, sent from the pannel Ivy thii 
witness, hath been prodnced, and proved neAn 
you ; and the postscript of it is in these wwdi, 
which I will now repeat, though they are ■■• 
serted in the libel : ** As I have no tiUM Is 
write to William, let him send down immediate* 
Iv 8/. sterling, to pay four milk cowa 1 boagkl 
for his use at Ardttiiel." — ^The pannd OMit 
have had a very pressing use for money, win 
he was thus urging the navment of Um prim 
before the buyer received the cattle; and let it 



be observed, that this fint expre» 
this demand of money from William SlewM^ 
was dispatched by the pannel on the minriiB| 
of the day on which the murder happcMi ai 
the evening. 

Again, you are here to observe the rminiiiw 
betwixt the pannel and this William Stawttf 
Marybui^^h, who appears, by the letter ivyeh 
he mentioned to the messenger as having ban 
sent by him that morning to the fmnnd, Is 
have entered with great zeal into the nanaah 
scheme for opposing the removing ot the lit 
nants ; for that letter also hath been j fnmi 
before yon, and contains these words : <* I iai 
Glenure has a mind to eject the tenants ; bH 
they ought to be deaf to it, and, ataUririBi^ 
keep possession, as they are in good hndi^ 
and it must end in exchequer ; ao that I kg 
tbey keep possession : as there will be ni 
troops, thev ought to repel force by fbroa^ aad 
take their hazard of the consequenoe, aa it SM 
be no more than violent profits." 

About noon on this Thursday the 14lh»ii 
Ballachelish elder hath deposed, *' Hia gMt 
Allan Breck went out with a fishing-rod nlai 
hand, and was fishing in a burn near the dqpa« 
neut's house ; but he did not see him take any i 
that he did not take leave of the depoocol, nd 
did not return, and he knows nothing of hni 
since." 

Archibald Macinnish, the ferry-man at Balla- 
chelish, deposes, «' That, after mid -day upSA 
Thursday the 14th of May hist, as the depe- 
ncut was sitting near the said ferry with aati 
ther man, Allan Breck came behind him, whL 
iHwsted (oi: hemmed,) and, upon the depOMal^ 
looking about, desired him to come to hia^ 
which the de|K>ncnt did^ and the said Allan ah 
ijuised of him, if Glenure had croiMd tha frv 
from Lochaber to Appin ? The depoaant I 
him he was sure he bad not: that Wfmt,^ 



►t tway toward* tbe big^h- 
m dun -coloured big coat, oiid 
rixf, Antl further dcftoseSf 
larr WB« e3rp»^cted hack upnn tlip 
y. Mid tbe dejiotient was sure be 
ibe TUursilay, as i I was currently 
In lli« coiitiiry, be was to \m\e a 
f villi iciiiie tfenilemen at Kiniullme 
I » ursday nigbt/* 

ISirfy*t)it , upportunity to le&rn 

m llie G4iutiii'^ ; aD«l thai his in« 
tlitc last article was just con- 
Ibe mations of Gtenure ; and that tbe 
^U knowTi^ is furiber proved by 
icbf clt.n ' ' u rat Kintalline, 
"i I Tuesday the 

Hujf, CU e to the dcpo- 

il Im rni*- Mipany were to 

I* .* i i"j then neict, and 

hm miebt be prepared for enter - 

■^UD: thai be arcr»rili(kjb;!y made pro« 

^^Mli ; that be toll titafGl^nore uas 

I^K kayiiL< ilmi nighty and that the 

(i(|liiMflKKul knew oCiL'* 

cmdiB^ly It bntii bei?n proved by the 

wrim «rer« in con^p.iny vrilb fJlenure, 

CJabidMI, wbo attinded bim n^ a clerk 

ft Jmii Mackenzie bis servant, DonaM 

', mtn of the nbenff's officers, that 

«Bd they crossed tbe terry td' Balla- 

lietwtxt four and tite in the afternoon 

ky t ^^U f^^^'f crossing the f'f rry, Bnt- 

I Mtr walketl nlon^ with Glenure 

dfft mile, till they canie to tbe skirta of 

laf Lrtierttiore, where Glenure, pur- 

m jyornev ifiroui^rh tiie wcmjiI, uhich 

Um M$cr liill on bta left hand, 

Etth«H : 'Ji the body Yvitb tivo 
iBtred bf bind his back, and came 
jr ; of wbicb %vounds be died upon 
t fir o'cltick Vbat same erenini^. 
jca aary for me to repeat tbe se- 

riL *> related by bis at* 

(» and ornd murder 

K^aqi«ij utea ny Allau Breek 8tewart, 
tmisfttil bis wisheM to meet Glenure 
iMOl p^*oe, it rouitt be conlesaed with 
Itlll4i nmte met biio, or rather, iu a 
M«ranlljr inaAocr, lay in wait b>r bim^ 
m oo^w^tmni indeed for that wicked 
Ibf eaecniliutr himself wbikt be went 
I, and iM i.iat from a proper 

rvlreat, r . ujuld be over, until 

pul IU A condition t/» leave tbe 
; lor wbicb ti supply of money was 



«f Ibe murder was quickly broui;bt 
of tli« panned by John Ma«;- 
i of the deceaseil, who went 
'v -)f Mr. Camjihefl of 

<>' pontiet seeing bim 
. utter was ? Ami the 
-> riiailfr was killed, 
-<l»i, expre9«ed ^reat 
>ncd, at what rmj^ht 
. ' Uoublf. riud prayed 






in ft* 



tutttnf I 
I 0t ««bii 



And John Beg- Maccoll, tbe pannert 
▼ant, wbo had been sent express that morning 
to Fort' William, and who was pres^ent at this 
circumstance, relates it in these words : *" That 
he was hardly an hour returned borne, when 
Glenure's servant came to the door, catling for 
the pannel ; that tlie pannel went immediately 
to the door, and asked tbe servant u bat was 
the matter? and what news be had ? To whicli 
the servant replieil, The worst 1 ever bad ; my 
master is murdered in the wood of Liettermore : 
upon which the pannel said^ Lord bless me I 
was be shot ? To which the servant answered. 
Thai be was i^hot, and said, tbe pannel ought 
to go and take care of bis corpse: that the aer- 
vant immediately went ofl'; but neither the 
pannel, nor any of hia family, went near the 
corpse; and the pannel said, that as be and 
Gteiinre were not in good terms, nud some of 
the people that were to meet Glenure bad arras, 
be did not care to ^o near ibem, not knowing 
what mi^\ii bajipeo And further said, that 
this was a dreadful accident, and be w as afraid 
would bring trouble on tbe cotmli'y ; add ap« 
pear^l to be "sorry for what bad happened.** 

Here it is evident, that as soon as the deed 
was over, the pannel's first rcilection, from 
whatever cause that sprung, was an appreheo^ 
hion, that it might bring himself into trouble or 
dani^er. 

Tiiat same night, at tbe panners houae« 
orders were given to the servants by bis wife, 
to bide all tbe arms about tbe hoo^e ; ami ac* 
cording I y John Beg- IVfaccoll and Duyatd Mac^ 
aoll hid a large Spanish gun, that used to stand 
in the brew- house, and four ssvords. Btil 
here it is remarkable, that none of tbe servants 
saw that night the other shorter ^un, but of a 
larger bore, asyouhare seen, both having been 
produced, and proied before you; concerning 
which Duga Id Maccoll deposes, '^ That Allan 
Stewart, son to tbe pannel, told him and hia 
teliow-servaat, that he him<^elf hud concealed 
the lesHser (or shorter) gun, that used to stand at 
the end of the girnel in the barn, under tbe said 
gimel, where he thought it would be safe/* 

Thiit same night, and after tbe murder was 
over, two witnesses have deposed, that ibey 
saw Allan Br^ ck Stewart on tli« hill above tbe 
bouse of Ballachelish, where be had loflged 
the night , be I ore, aud not far front the spot 
where tbe murder happened. These were 
Katharine Mackmnitib, servant to Baltacbeli^b, 
a wiincsa called by the punnel, who aaya, 
*' That in the evening of the 14th of May, »be 
saw Allan Breck 8tewarl at la goal-house in 
tbe moor of Ballachelisb, after Glenure was 
{filled ; and that Allan Breck then ask'^d her, 
wild! was tbe occasion of the stir in the lowii? 
and that she told hiin, Glenure was murdfred: 
and further asked her, who mi^rbi have com- 
tnitte<l the murder P and ebe told him, slie did 
not ku.iw : and farther saya, that abe told 
iMnald Stewart, (who is nephew aod»ou-ju- 
law to Ballacbehfih) where she saw Allan 
Breck ; but that she did not Icll bim to go ta 
the said Allan, nor did be d«irc ber/» 

U 



196] 



25 GEORGE IL 



Trial qfJam^ Sietvarit 



[196 



And lliis Donald Stewart deposes, « That 
vpoD the ereoiDg of Tliuradaj the 14th of 
jilay, about night-fall, Katharine Mackinnish 
called him out uf Ballacheliab'a house, and in- 
formed him, that Allan Breck wanteil him, and 
that h^ was a little above the house on the brae 
(or hill): that the deponent went up the brae, 
and met Allan Breck, who was then dressed in 
a prreat coat, and a dark short coat under it, 
with white metal buttons: the deponent told 
biin uf the murder, and aaid. It could not be 
but that he, Allan Breck, was about it: to 
irbich Allan Breck answered. That he heard 
of the murder, but had no hand in it : to which 
the deponent replied. He did not belie?e him : — 
that tne said Allan Breck further said, he be- 
]ie?ed he would be suspected of tlie murder; 
and upon that account, and as he waa a deserter 
Ibrmerly from the army, it was necessary for 
Jiim to Iea?e the kingdom." 

The events of Friday the 15th of May last, 
immediately following the murder committed 
00 the evening of Thursday, do no less merit 
your attention, and these begin ?ery early on 
that day ; for John Maodonald of Glenco de* 
poses, " That on Friday the l.^tli of May 
last, the said Allan Breck Stewart came again 
to the deponent's house at Camock, at three 
or four o'clock in tbe morning, and knocked at 
a window when the family were all in bed ; 
that tbe deponent went to the door of bis house, 
and there saw Allan Breck, who gave him the 
first notice he had of Glenure's being mur- 
dered the evening before in the wood ot^^etter- 
more ; and told him, that he was to leave the 
country, and to go the Moor- road leading to 
liannoch ; and camo to take leave ef the de- 
ponent and his step- mother, who is a aister 
of Ardshicl's ; and that the deponent did not 
ask Allan Breck any questions about the said 
murder." 

And with Gtonco concurs Isobel Steirart his 
step -mother, who also got up, and went out 
with her step-son, to receive Allan Breck'a 
nocturnal visit at the door : and she says, *< That 
she asked him, what news up the country ? 
To which he answered, a good deal of news ; 
that Glenurc was killed, or shot the evening 
before, in tlie wood of Lettcrmore : that lie was 
come to take farcwel of the deponent ; for he 
was to leave the country : and that she asked 
bim no more questions abunt the murder, 
though she askeii hiui to come into the house ; 
but he answered, he would not slay.' 

U|M)nthis incident it is an obvious reflection, 
that neither the pannel's sister, the lady Glenco, 
iior her s^ui, judged it necessary to ask any 
question of Allan Breck al>out the murder, 
M'hich he now related to them, as what had 
happened a tew hours before he came thus uu- 
aeasonably and abruptly to take leave : these 
circumstances superseded the question as su- 
|ierfluou8, who it was that did itP 

About ten o'clock in tbe forenoon of this 
lame Friday thr 15tb, Donald Stewart, the ne- 
phew and sun-in- taw of Ballachelish, deposes, 
*' That be oict James Stewart, the pannel, in 



Duror, not far from his own bouse ; and that, 
u(ioo the depooent'a regretting that sacb an 
accident, as Glenure's murder, should happen 
in the country ; the pannel joined with bim and 
said, that he .was informed, that one leijeanl 
More, alias John Cameron, had been threaten* 
ing harm to Glenure in France ; but did not 
inform tbe deponent who told him so : and for> 
tlier deposes, that, to his knowledge, serjeant 
More has not been in Appin these ten yean 
past." 

Now this very Donald Stewart, who ii a 
friend and neighbour of the pannd's, had, as 
you have heard, the night berore said to Allan 
Breck hiouelf, that he was surely the murderer, 
which was the sense and opinion of the whole 
country ; and yet here it is very remarkable, 
that, when the thing was recent, and as some- 
bmly must have doue it who was likely to be 
capable of such an enormicv, this pannel, for 
want of a belter shift, is endeavouring to start 
a very improbable hypothesis, and to threw 
the suspicion on this serjeant More Cameroni 
which, as it was destitute of any foundatioB in 
truth, gained no sort of credit or belief; and 
YOU are to consider, gentlomeo, if it could 
be started by the pannel, at this time, for any 
other purpose than to divert the attention and 
the suspicions of mankind from his friend 
Allan Breck. 

The same day about twelve o'clock, Alex- 
ander Stewart, travelling packman in Appin, 
and first cousin to Allan Breck, deposes, *' That 
the pannel desired him to go to Fort William to 
William Stewart, merchant there, and get fron 
him five pounds, or five guineas ; and tolil the 
depouent, that his friend Allan Breck was 
about to leave the countrr, as there were troopa 
coming into it, and that he might be suspected 
of Glenure's murder ; and that it was ineum* 
bent upon him, the pannel, to supply the said 
Allan Breck with money ; and the pannel de- 
sired the deponent to tell the said William' 
Stewart, that he must find him money, tliongli 
he should borrow it from twenty purses ; and 
aUo to tell him to give credit in live pounds 
sterling to John Breck MaccoU, bouman to 
Appin at Koalisnacoau, in case he came to de- 
mand such a sum : that in consequence of ibie 
mpssage, he went to Fort-William, where he 
arrived early in the evening, met William Stew- 
art, dclivci-ed his message ; that William 
Stewart told iiim, he had not money, but that 
next morning he would give him his errand." 

William Stc» art himself, who received this 
message, deposfs, ** That it was about ten 
o'clock forenoon, or betwixt ten and twelve, 
that be saw the packman at Fort-William ; 
and his wile swears it was about mid-day ;" 
and if they are both in the right, the packman 
himself must have been mistaken, when he says, 
thst he was dispatched by the pannel from An- 
charn, so late as about noon tliat day ; of which 
circumstance 1 shall hereafter have occasion to 
take some notice. 

William Stewart further deposee, «• That, tt 
tbui time, he asked the packmtni if he hid 




for Murder. 

eome by the road where that unlucky murder 

jftfCreoure had happened? and the packman 

I loJil him he did ; but the deponent did not 

* iilc hrm who wts suspected tor tt, nor had any 

IfUbircmirerutioD on thai subject^ there bein'if 

|Bmst inmny people pre^nt in the shop at the 

^^^tf* But tnis apology nottf itU«tandin£|^, (for 

^^Bbe pimple in the shop at Mar^burgU wouM 

^Itftheeo ready to liatcn to news about audi 

imoQ etent) this William Stewart, 

flti well acquainted with the cause ot 

bett%f%i the pannel and Glenure, 

tittle ioquisitive on this ocduioti of rt> 

message from the puniiel thedny after 

niarder happened, seems to he uo otherwise 

iMOOoCabte, than by the supposition that he 

Imw so wdl %iho were GleuufL'^a enemies ai 

tbttttime, that it was improper or unueces-wiry 

lor him to be inquisitive about ihe authors of 

hii murder. 

Dufnld Maccoll^ the panntl'si servnnt, de- 
|0M5, *» That about four o'clock in the iifter- 
MQHof thi« Friday the 15th of May tutt, thw 

Cael desireil the ilepunent to carry flie iirm« 
n tlt« Irouflea (at Aucliaru)| and hide thc-m 
in the moor; that accordingly the depoiieni, 
ti»4 John Bei; i^laccidl, took the tiiresaid lar^e 
|fa& from the hack of tlie sliei^p-hou^e under 
lk thatehf and the said four twuids from under 
lh« thatch of the barn, and fiiund the gun that 
uffd to stand in the barn under the prne!, 
ibre the said AiUn Stewart* the fiannerii son, 
ntd he hid it, and carried iheui to i\i^ iiuior, 
Ibd bid them iu the hole of a rock aljove the 
fttlitiMMS: that the large or Spatii&h g[uii, that 
iM to the brew- house, was charged with 
fowtler and stnall drops ; and that there w^» 
nribot ja the amall or lesser gun that usefl to 
ttaoit at the end of the g^irnel in the barn ; 
tiilt they overtook Katharine Maccoll, lervant 
to tliep«nnel, in the brae above the bouse of 
iacham, with a pock or sack» anrt suiTietliinf^ 
in it| under her arm. The deponent atikiHl her 
wbitihehad got in the sack ? to which she 
*Mwere<|, that it was Allan Breck's clothes, 
tod that she was goin^ to hide them ; and the 
dtpQoeot, and the said John Beg Maecoll, 
•w ber hide the sack in which the said clothes 

This is confirmed by the oath of John Befif 
Hiccofl, the other serraut, who says, " They 
iire desired by the pannel's wife to hide the 
»!• belter" (i. e. thsti they had done the 
MfiN before) ; and by the oath of Katharine 
MtQOollt who says, " That, upon the evening 
tftfui Friday, her mistress, the pannePs wife^ 
fi op a bUie coat and red waiskM>at, with 
ling' else into a sack, and delivered them 
tdepooeoti desiring her to hide them some 
ftritbout: that her mistress did not tell the 
)t to whom the clothes belmnred, hut 
Ibe deponent thought the said coat and 
were Allan Breck's : and she adds, 
time in summer last^ atter the above 
1 1 8uloiuou Bane MaccotI, servant to the 
&I, told the depone ntf thai the said Mrs. 
tf spouse to the panoeJi desired her to 



A* D. 175«- 



[196 



conceal what she knew about the above clothet, 
in case she should be asked or examined about 
them.^» 

On Satarday the 16th of May. as William 
Ste^vart's wife hath deposed, ** »hc being" soh- 
citoits to have the cows» bousfht for her bus- 
baud's use hy the pannelf towards stocking a 
farm they bad taken, g^ave the jiackujan, hit 
messenger, three i^uineas out of ber purses 
and the packman defioses, that he got the 
money from Mrs. Stewart, after he had seen 
William Slewan himself, on this Saturday the 
16th » who told htm lie would let him go imme- 
diately ; and that, havtnjf cr*'t the three 
guineas, he forth" illi returned to Aucharu, and 
arrived iliere in the evening, near to which 
place he found the panne I a prisoner ; but the 
panncl's wife, and the deponent, having had 
access to converse with the panuel apart, ihc 
flannel ajiked the deponent, what ntoney he had 
brought from Fort- William ? and, upon the 
ileponent's telling him that he had brought 
three guineas, the pannel pulleil a greeu purse 
out of his pocket, out of which he look two 
guineas, and gave them to his wife, who deli- 
vered them iuimediulely to the deponent ; and 
the pannel desired that the five guineas tthould 
he sent to that unhnppy man, ittesauing Altaa 
Breck, to see if he cuuld make liis escape ; 
and pitehetl upon the deponent, as a person 
that should go with the mtmey, — That soon 
after the psnnel was carried oil by a parly to 
Fort-WiTliam; and Mrs. Stewart told the de- 
poTjent, that he would Hud Alluii Breck in 
Koalisnacoan ; and, sometime after u^ht-fall, 
the deponent got his supiier at Aucharu, and 
then the panuel's wife carried the deponent to 
Ihe back of the brew-house, where there lay a 
sarkj out of which the s^id Mrs. Slewurt took 
a blue coat, red waistcoat, black breeches, a 
hat at^l some shirts, all which she delivered to 
the deponent, ordering him to go with the 
clothes and money to Koalisnaeoan imine- 
difltely, and deliver them to John Breck Mac- 
coll, bouman to Appin, if he did not meet Allan 
Breck himself; but directed the deponent not 
10 carry the clothes to the baumau's house, lest 
any body should see them ; that the depoueni 
accordingly set out, that same night, foi- Koa- 
litnacoan.^^ 

In the mean while, as John Breck MaccolT^ 
boumati to Appin, halh deposed* *• Upon the 
afternoon ^K this Saturday the 16th of May, as 
the deponent was in a Isr-hush (or thicket) near 
Aldavoim, at the foot of the heugh (or deep 
holloiv place) of Corrynakeigh in K«mhsna» 
coao, he heard a whistle, and, upon Wkingupi 
saw Allan Breck at a little di^itauce, beckoning 
to the deponent to come towards him ; which 
he did: that, after salutations, the deponent 
lotd him, he was afraid it was no good action 
that occasioned his being in such a remote 
place, and at such a distance from any com* 
mon road ; that Allan Breck answered, The 
place was not very far from a road : that the 
deponent, having heard the day before of Gle- 
Dure'd murder^ charged Allan Breck with 



199] 25 GEORGE II. 

being goilty of it: that Allan Breck asked tbe 
deponent, what he had heard about the mur- 
der? That the deponent answered, That he 
had seen no person from the strath (or Tale) of 
Appin ; but that two poor women, that had 
come up Glenco, were telling that Glennre was 
murdered Thursday evening in the wood of 
Lettermore; and that two people were seen 
going from the place where he was murdered ; 
and that he, Allan Breck, was said to be one 
of them. 

** That Allan Breck answered, he had no 
concern in it ; and that, if his information was 
right, there was but one person about the mur- 
der ; and that, as he was idle in tbe country, 
he was sure he would be suspected of it ; but 
that would give him little concern, if he had 
not been a deserter, which would l»ear harder 
upon him, in case he was apprehended, than 
any thing that could be proved against him 
about the murder. 

" That the deponent did not believe him, 
when hu said he had no hand in the murder of 
Gleiiure ; and, not caring to press it much 
upon him, told him, that, as ne was already 
8uspe<*teti. it was dan^rous to ha?e any inter- 
courtie with him ; and pressed him to leave the 

J»lace, lest he should bring the deponent and his 
amily to trouble. 

'* That Allan Breck said, he did not doubt 
but that the family of Ardshiel would be sus- 
pected of the murder, and it was probable the 
pannel, and Allan Stewart his son, might be 
taken into custody about it; and that he, 
Allan Breck, was afraid Allan Stewart the pan- 
nel's son's toujy^ue was not so good as hit 
father's ; by which words the deponent under- 
stood, that Allan was easier intrapped than tbe 
pannel. 

<* And, the deponbnt still insisting upon 
Allan Brock's leavmg that ncighbourhM>d, the 
said Allan Breck told him, he would not leave 
the town (as the witness expresses it, or the 

{dace) for right days, imless some necessaries 
le expected came to him ; and told the depo- 
nent, unless some money came for him berore 
next morning, be, the deponent, must go to 
Fort- William with a letter; that, though the 
deponent refused to go, Allan Breck looked 
about among the trees, and finding a wood- 
pigeon's quill, made a pen of it, and having 
made ink of Kome povider he took out of a 
po\«(ler-horn that was in his pocket, he wrote a 
fetter, whirh he told the deponent he must de- 
liver to William Stewart, merchant at Mary- 
burgh. 

<* And, noon the deponent's telling him, 
that he would by no means undertake that, as 
he was informed that every body that went to 
Fort- William %vas searched, Allan Breck said, 
it was an easy matter to hide a letter ; the de- 
ponent answered. If he was catched upon tbe 
streets what would he do with it? Allan Breck 
told him, that the letter must not be found 
upon him by any means, and, if he was catched 
with the letter, be must eat it before it was 
found; that the deponcot then told the said 



Trial of James Stea>arif 



[800 



ne mei Aiian jarecK ai luis ume, veiny 
'k short coat and trowsers lying apoa 
e, and produced to him, and provea !» 
en the property of the pannel. 



Allan Breck, that he did not know bathe woakl 
be obliged to go for some beer next dajr to 
Fort-William, m which case he might poiaibly 
carry the letter ; but at the same time told the 
said Allan Breck, that, if he shoukl be taken 
up, he would tell all he knew about him. 

«« That the said Allan Breck desired tbe de* 
ponent to go to Callart, or Glenco's house, ftr 
a peck of meal to him ; which the depoiieek 
refused, and at parting, the said Allan Breck 
told the deponent, he would see him next day.** 

The bouman further deposes to the dress a 
which he met Allan Breck at this time, being 
the black 
tbe table, 
have been the property ot the pannel 

Early upon Sunday morning, the 17tb of 
May last, as both the packman and the boB- 
man have deposed, they met near to tbe boa- 
man's house, whereof the latter at first denied 
to the packman, that he had seen Allan Biecki 
and u|>on the other's being surprized at thiii 
and saying, he was informed he wonld meet 
Allan Breck there, and had brought some ne- 
cessaries for him ; and the bouman enquiring 
what he had brought? tbe packman answeraC 
dwe guineas and some clothes; and told, that 
he had a great deal of trouble in getting the 
money ; that he had been sent by the paniMl 
to William Stewart at Fort Wdliam, froai 
whose wife he got three guineas, and that Ibi 
pannel or his w ife gave him the other two goh 
neas ; and that the panncrs wife gave hisB the 
clothes, and informed him that Allan Brack 
was to meet him at that place ; wberettpea 
the bouman owned to the packman, that he 
bad seen Breck the day before, and that he 
expected these things, and directed tbe pack- 
man how he might find Breck, if he would 
go to a hill he pointed out to him, near to the 
eugh of Gorrynakeigh, and whistle once er 
twice, be believed Breck wonld come to kia: 
but this the packman declined, telling, that ha 
had slept none " * '' ^ " 

moch fatigued 
bouman the five gumeas, 
the clothes at some distance, and would 
them to the bouman when he was going away ; 
and then went to sleep in the bouman's boaaet , 
After the packman bad slept some hours hera» 
he dined with the bouman his landlord, and 
tlod him, ** That the pannel, and Allan his 
son, were made prisoners the evening beliira^ 
and sent to Fort William ; and, upcm tbe bon- 
man's enquiring who was suspected of Glenure^ 
munler ? the packman answereil, that it was 
Allan Breck ; and that it was likel v the pan- 
nel, and Allan his son, would stand the firrt 
trial for it." And aliout noon this Sunday the 
packman went away, without seeing his con- 
sin Breck, aller havmg pointed out to the bon< 
man a fir-tree, at the root of which he had bid 
Allan Block's clothes. 

The bouman further deposes, (and indeed 
every word of his testimony meriu yonr afr* 
tention, and was given in a most lively, natnnl, 
and ccedibie manner) <*That, after be'kii 



ine pacaman ueciioeu, wiiing, vumt am 
I none for two nights, and was wmj 
tigned ; and upon this delivered to tbe 
the five guineas, and told, he had left 
bea at some distance, and would aheiv 



fir Mtitdtr* 

tell it|ioo ihm mme SnmUy «veiiifi^, 

^'■^"rking «l ihe M^ortow, and 

t>« A Han Brcckf he got ti\K 

I iiK i^liiit, and stivv Alkn 

ml i:e (torn tlie house; 

^ 1 comiag up to bim, 

him, if any message had cnme 

Tfcir depoopnt tuld bim, ihut his 

MQ bad i!Oiue «^iUi <i(e guineas and 

cMkea: Ibat Athui Breck coiiiplaiittid 

ir»« bill UlUe mooey, biH hoped ii would 

tbnt ihe de|K)i»eiit told the 

I wft'jai'rttivl be would stJirve 

4|if and that he ^^as nut able 

bim : 4iiut AlUn Breck ans^eri^d, lie 

oeouMio for victuals, bui vvanted a 

TCTf tmieli ; upon nhicb the depooent 

in bis hotise, Aud carried out Home 

ftociie milk and water in a no^cin, 

fve guioeaa, and i^ve boih to Allan ^ 

lb«t Ihe deponent then went tor ihe 

«kkli he alco gave the said Allan 

oonsi&ted of a blue long coat, 

black breecbefl, a bat, lome 

m4 iihtrt9« 

ibe deponeiit told Ihe said Allan 

llMlihe paiinclaad ht« son Allan were 

i Bcoiiunt o» Glenure's murder ; 

Breck answered, That that was 

lie eipecied \ bm it would not 

i» tti there could be no proof against 

lot cvfrtaaed aotne appreuension* Icsl 

ISie«v«n, ton to the panoel, might be be- 

~ by liaa nwd ioogue. 

^* Tb*t tbe dcpotieut desired the taid Allan, 

mm ibM be bad gnt all the ncr^iti^aries he ex- 

fisltd, li> CO about hilt business; and the 

mi Atks Bmk promised to ilo so, bui told 

Ik difJMitaL, that be must meet hitu, the 

■il AAm Breck, uexl morning; that he 

mA idivi^r ibe deponent Ihe clothes he 

Iha md Mian Breck had then on, to wit, the 

Ibsk dkn e<»l and trun ' mi lo tbe dc- 

MfMis tbe clerk '» ba< r lo be kept 

tf Ifcf 4tpmi<til, till he titintritM thetii to the 

fmmi\ miU t thai tbe depoaent promiseil to 

■fUdie nM Allan Breck next morning, but 

i4 ist Kc biirt ; and when the dtiponeitt went 

19 Mit moming, he found the* said short 

UldlCMt,lrowmrr>«, and the noggin in which he 

^■i cmnmk tbe drink lo Allan Breck, lying 

^^Klte IB tbe pbice where the deponent 

H^Pl^ «ilU AlUii Breck Itie night before; 

tillbM br b»lh aol ieeu Ihe said Allan Breck 

On Sliialay the 18ib of May, Allan Breck 
mirbiiiw, as' he bad praf>oKed« by a very un- 
N ^aiB itJ ff'^'''. I i' I moor<^, and orer 

lk» tnwiitatn- . and came thut 

iMtilftyiot! i tii^n Dig Carneroa 

11 ilimnrti^ I vub whom be retnain- 

I4AII Wwdm^MUy uuig. The uncle hath 

mid, ** Hm |ir««ied him earnestly to make a 
cbao IffCBSlf Mid Irll btin ill Uf Utiew of 
Cfbftisri!*! itiiirdm'. Tu lowered 

•nil i« o«tb| Tbat hi bift ui«>Dure, 

I tht oQolf hovrcrer frcf|uenl1y 



A, D. 1752- 



[208 



repeat^ bis tnstanceit, till Breck became ftngry^ 
and ihp iioele deaisitNl further eoqiiiry/' 

Four days after Breck left bis iiocle** bonse. 
that is, on the 2iMi o\ May, ** Ihe uncle haf«* 
iDg ocesiioti to bF ourteeo miles from his own 
House, (further down the country) and passing 
k»V Ihe Kide of a wood, he heard a whistle from 
tbe wiHid, and, l»okincr ah«>nt, saw Allan Breck, 
who then told His uncle, iliat bis only fear was 
l<« be appreht'udaK by the nalitary/as he bad 
beea a des^-rter The uncle answered, Ue 
was very sore tbe friends of Ihe deceased 
would procure bim bis discharge, if be could 
discover the murderer. And Breck replied. 
That ihey were at this lime in such fury and 
rage, tbiit be was very sure, were he appre* 
bended, he would be hanged." 

It is unnecessary that I should resume mi- 
nutely what tbe other witnesses said, who 
saw Breck Stewart in Rannoch or Athole, 
when he passed tbroitgb that country at this 
time ; bis appearances bespoke the situation 
be was truly in, that of a malefactor study tog 
10 conceal htniself, and making bis escape*, 

1 1 is however material, that you should fur- 
ther obberve, that after BrtfckStew^jrt bad thua 
disappeared from the country of Appin, where 
this murdrr was committed, every body in thai 
country, and in thai of Hannocb^ through which 
be retired , and in boib which he was well 
known, and had relations, imputed lo him tbn 
actual murder, and ti> no other person. You 
have already beard, that Donald 8(ewarl» the 
nephew of Balbcbelisb, charged him with it 
t'j his face on ibe night of Thursday the 14lh, 
when the blood *»f the deceased was'hardly yet 
cold, as Ibe bouiuan did on Ihe Saturday lollow- 
ing; and, un the Monday fiillowiug, Cameron 
bis uncle disr<.?ereil the same belief. And 1 have 
now lo adil upon this bead of tbe voice f>f tbe 
coimtry, or ihe Jama viantr, thai Bjiliachelish 
elder, who had been his landlord the night Iwj. 
Ibri* the murder, says, ** That, Ihe morning 
after Ihe murder was commititd, the deponent 
really thoughi, that Allan Breck Klewart might 
be the actor in this murder, because he did not 
return to tbe deponeut again/' And Maciu- 
nes, the ferry -man at BaUaciiel3sh,savs, **Tha| 
he beard no liody suii|)ccicit Jor the murder of 
fflenure, but the said ADsn Breck.** And 
Jnmes Mann, change-keeper in Rannoch, says, 
*' That, before Allan Breck came lo bis house 
in Msy I ist, it was reported in that country, 
that he was concerned la Glenure^s murder ; 
and that be himself suspected him at tbe lime, 
as be came unseasonably, aod was wanting 
provisions/* 

There are yet other eircumatances subse4|a«i)| 
to the murder, and to the pannePs cnnimitmani 
al Fort William, that deserve your considera- 
tion with the rest of the evidence ; one of these 
is deposed by Hugh Maclean, barber in Mary- 
burgh, who says, **• That one day being called 
by the pannel to shave him, be thinks upon a 
l^lurday, the pannel asked bint, what news he 
beard in the town ? The deponent answered, 
That be^ the panpel, was to be CArried to Edin- 



803J 



25 GEORGE II. 



Trial afJamu Slexart, 



\m 



bur^h on the Monday following ; whereupon 
the pannel said, that was a matter that gave 
him DO concern, and wished it had hapyiened 
sooner ; and was afraid of nc Ihing but that his 
servants mi^t be inticed to take money, and 
turn ap;ainst him ; and desired the deponent, as 
from him, to tell his serrants to say nothing* 
but truth, to keep their minds to themselves, 
and he wouM take care of them,* and accord- 
ingly the deponent delivered the pannel's mes- 
sage, in his own words, to two ot his servants, 
who were then in separate custody in the same 

Krisoii ; and that they were both of the name of 
laccoll." 

Again, gentlemen, you have heard read, and, 
I dare say, with much regret, the examination 
of the pannel's wife and daughter, taken before 
the sheriff upon oath, wherein they say, **Tbat 
Allau Breck Stewart came to the pannel's 
bouse no Monday the 11th, in bis Frtnch dress 
(that has been often described), and that he 
went away next morning, after taking leave of 
them, dressed in the same habit;" and yoa 
have heard by what a cloud of witnesses it was 
proved, that, from the evening of Monday the 
11th, till the morning of Monday the 18th, 
Allan Breck was seen in no other dress, than 
the short coat and trowssrs belonging to the pan- 
nel, now lying in coart ; and, bv the pannel's 
own servants and the packman, it has been prov- 
ed, that Breck's French clothes were, bv Mrs. 
Stewart's order, put into a sack, and hid in the 
moor near the pannel's house, from thence 
brought back by the same servant maid, by order 
of Mrs. Stewart, and by her delivered to the 
packman, by him to be carried to Breck at Koa- 
lisnacoan ; and that the maid -servant, who was 
employed bv her mistress to hide these French 
clothes, and to fetch them back again, was, by 
a message from her, desired to conceal what she 
knew alMot the clothes, in case she should be 
asked or examined aboot them. 

These, I think, gentlemen, are the most 
material facts and circumstances that have been 
proved before you, which I have resumed iu 
the order of time as they banpened, with intent 
to give you a just view of the case of the pan- 
nel, whom you are now trying; and I am per- 
suadtd, that the reflections which naturally 
arise fn^m these facts, in respect of the ques- 
tion before you, must have occurred to your- 
selves, when you heard the evidence given, and 
when I have again resumed it ; and therefore 
roy observations to you upon the whole shall be 
as few and as short as possible. 

1 have admitted, that it is incumbent upon 
roe in this trial, as against James Stewart, the 
pannel, to make out, that Allan Breck Stewart 
was guilty of the actual murder in question ; 
and 1 apprehend, that is done to full conviction, 
upon these considerations. 

And, first of all, gentlemen, here has lieen a 
very extraordinary and shocking murder, com- 
mitted within the county or district of Appin, 
in the most nortbem part of this county, of a 

f See p. 148. 



gentleman who had an estate and relations in 
that neighbourbood ; a man of a fair cbaractor, 
who was going about the duty of his office, ui 
the king's and the public service, inteoding no 
injustice to others, and apprehending no ham 
to himself; for he and all his atteaunts were 
unarmed ; and yet he is bereaved of bis life, not 
by an open enemy, upon a declared or a snddcs 
quarrel, but basely assassinated and shot be- 
hind his back, by a person lying io wait aai 
lurking among trees for that purpose. 

This, gentlemen, is a very strange and slMNSk* 
ing event ; and, as for every event there nnst 
be a cause, somebody most have done it, and 
upon some reason or temptation, such as it w»: 
and this is not like a murder committed ou tbo 
streets, or on the highways leading to a popn- 
lous city, but in the comer of a county, wbsrS 
the deceased was himself a gentleman of note, 
and where every body of any note is known to 
every iMdy: the deceased, therefore, mml 
have had one or more enemies fit or capable^ sr 
likely to have devised or perpetrated aoch aft 
action ; and who these are, you have beett noir 
for many hours enquiring. 

And, upon the result of that inquiry, what 
doubt can there be in the first place, that Breck 
Stewart was the actor ? His character, and bis 
situatioo as a deserter from the king's service^ 
and now actually listed in the French aervioe^ 
and in this country only as a sojourner, for a 
viAt to his friends, rendered him the most Ukely 
person then resident in that country, for being 
guilty of such a thing; nay, so much the only 
person likely that the pannel himself, wlwn lie 
cast about for some other man on whom tbo 
suspicion of thisjgruilt might be thrown, mentis** 
ed only one seijeant More Cameron, who is of 
a character and situation very similar to thatef 
Allan Breck, but with this very material differ- 
ence indeed, which rendered it impossiblo for 
that solution of the question to pass, that Ser- 
jeant More had not been seen in Appin for seve* 
ral years past ; and surely the absent wandcnr 
could not do it. 

But, next, and more closely, the only known 
quarrel that any body had with the ciecetsed, 
was that of this pannel James Stewart, about 
his own removing the last vear, and the ro« 
moving of other tenants of Ardsbiel this ycar| 
into which quarrel his former pupil or ward» 
and his intimate friend Breck Stewart, bad 
most vehemently entered, and discovered that 
on several occasions; and that heconsiderad 
it as a cause for deadly or mortal hatred, inso* 
much thai the pannel himself hath declared, 
«« That, if Allan was guilty of the murder, be 
believes it behoved to be on account of the dio- 
tiirbance given to the tenants on the estate ef 
Ardsbiel ; and knows no other cause." 

And more closely still, ^ou have heard the 
evidence of what passed immediately befbrs^ 
and after this muroBr, of the behaviour and ae^ 
tions of this Breck Stewart, who had fbroMriy 
disphiyed his hatred to the deceased, ftr tlHS 
veiy cause, frivolous and oiQUSt as it wae« Om 
the 10th of May.alFanmdoicb, witkis eaili 




fm Murder. 

Gleotiro-« hous«, he gets iotelHgence of 

;re^« molioos, a ad design « to proceed in 

*ng tbe teomnts oj Ardsliid, when he 

return from Fori-WiUiaro. On Mon- 

Jth be cornet to the ^nnel's bouse, 

J«yi aside his French dress, and jiuis 

i tmaatry dre» beloDging to the [^Qtid; 

mtliimine babU oext day, sets out to Bal- 

'' ' b^rd by the ferry ot er which the de- 

WAS to return ; from thence be goes to 

ftistera of the panovl^s in tbe neigb- 

I he returofi to iiallachetish on Wed- 

remaitis there that night, and till 

III next day^ when be lakes a tithing* 

hii hand, a fit pretext for going out 

1 for staying iome lime ; but, soon 

fiabiog'rod was laid aside^ and he 

of bis real game ; he calls aside 

n, and eoquirei if G I enure had yet 

the ferry^ and beinjf asaured be was not, 

iM otr» and was never again seen about 

it ferry, or tbe bouse of Ballacbebfib ; but a 

hours after, that same niii^hl, and when the 

bad been committed, be i a seen by 

Mackionish, ihe in a id servant of 

iib, at tbe eroal bouse in ibe moor of 

liab ! and if Donald i^ieivurt «paaki 

there siho he saw liiin, and charged bim 

Willi the niunler. Here was iben the deserter* 

nan a foreign soldier, and nne declared morlat 

aooiy of tbe deceased, enquiring for the 

^tttuvd a tittle before be passed the ferry ; 

iij,«aaik afWr tbe murder, fuuud in llie bill, 

ttVlDtlio apot where it happened, and adjoin* 

iac to the house where he bad lodged the nii^bt 

hum^i but to which be never returned ; but, 

toMeail of that, wanders in the fields; beats up 

Gfeaco and bis mother betwixt three and four 

b the moniing ; leli^ tbem Glenure was mur- 

fa«d,and be was going abroad ; takes leave of 

Ibtm St the floor; retires from thence to a deu 

tvidesarty tlie heugh of Corryoakeigh in 

KHlbaaeoon^ where be was to wait tor bis 

Ssiftafid bis promised viaticum ; and where 

Mttitrit not even venture to approach the bou- 

iMft'f house, ejccept to come lo ibe door or the 

^Hi4(hv in the night; and when he had got 

JkMt MoeBaaries ne waited for, withdraws, as 

llfiaposed, a<cross the kingdom, over a tract 

tfnaors and mountains uninhabited, till be 

Qtie to bis uncle^s bou&e, and is by him| as 

^ •§ every body else who knew him, re- 

pBiiatid believed to be tbe murderer. And I 

■dao iloubt, gentlemen, but, after the proof 

^ittlbese things which you have beard, you 

•iQi ie entirely satisfied, that he was truly 

*^; and, upon that persuasion, will proceed 

iilba main question that is directly before you, 

BitMiy, tbe eviijeiice of the accesision of ibis 

ftaod to that murder, which may be summed 

*f ia ilie aKicles following : 

*" of all, That it was the quarrel of tliis 

against Gleoure, thai bad been only 

tip and espoused by Breck Stewart^ for 

I Breck committed tbe murder itself, as 

late actor ; the i|uarril^ a« you have 

Of the cAUae of oflVoct so btgbly re- 



A, D. 1752- 



[S0» 



sented, was, that this pannel was blmself re<^ 
movad from his possession last year by Ole* 
nure, who at the same lime » iihdrew from the 
pannel, or forbore to employ him in the office of 
an assistant or sub-factor, which had giwetk 
him interest and intineuce with tbe lenanla of 
Ardshiel ; and that this year be was insisting to 
remove three or four tenants, whom the (laDnel 
had lately placed there; in all which AWstn 
Breck bad no personal interest or concern t 
a strange cause of offence, 1 admii, to bo 
90 highly taken up, and so deeply resented! 
but every provocation works, according to 
tbe temper or turn of miiftl of I he jiersofi 
who receives it; and what those of the pau- 
nel were in this respect^ you have heard 
from the evidence, and Imi c seen in bis ctm^ 
duct before yon, when he himself objecled lo 
Stewart in Lngnabaw, as an incompetent wjt- 
ncGs against bim; for that the iMiinesa 
bore him capital enmity, because be, tbe pan- 
nel, bad been instrumental in causing tbe 
witness to be removed from the pof^cssion at 
Aiicbarn, in which the pannel succeeded him ; 
nay, tbe pannel can ies this raadaess so f^r^ at 
to have threatened Ew;in Macintyre and bit 
relations, or posterity (a poar herd who bail 
never served the pannel himself), iur no other 
otl'ence, than that lie engaged to be ht-rd in 
CampbtiU of Ballieveolan, tbe tenant who sue* 
ceeded the pannel in the farm of Gleoduror, 
from which be was removed last year. 

Tbe second Anicle in proof is, tbnt, in con- 
seqtieoce of the deep resentment conceived by 
the pannel for this supposed injury of tbe re- 
movings, be dibcnrered, upon several ncca* 
sious previous to this murder, an intention op 
desire to lake away the life of Glenurc : thia 
he expressed to Appin^s bouman in u most in- 
veterate manner, that be would be willing to 
crawl upon his kne^ to a window to shoot 
Glenure: but tbei'eafteT he proceeds farther 
than expressions ; bis conversation with the 
Maccolls, his own servants, in tbe brew-bouse, 
about Christmas last, could be intended for 
notliing but to instigate tbem, either by ibem- 
selves, or by finding out proper instruments 
amor^g five common people of Appin, to cut off 
Glenure: and, when the late removings came 
to be in agitation last spring, which tbe pannet 
set himself in oppose witb all bis loigbt, it 
appears that bis malice and fury again !$t Gle- 
nure was increased ; witnesa bis conversation 
Willi bis two landlords on bis way to Edin- 
burgh, and wiib Mr. J>laclaren of Stirling, his 
fellow-traveller part of the way ; in wbicb, 
among other things, the pannel told tbem, that 
be bad actually sent Glenure a challenge to 
fight bim with pistols ; and told Mnelaren (whO' 
says he found tbe i emoving was much at tbe 
pannel's heart) that, if be should gel relief 
neithfr at Edinburgh nor at tbe British parlie- 
raeut, be would take the only remedy that re- 
mained. Now, to a man that laboured under 
tbia distemper of mind, it was natural or inci- 
dent, that, after be had returned from Edin- 
burgh ju the eud of April, with such degree of 




SOT] 25 GEORGE IL 

lUGcets as to obtain a list od bis Uil of suBpen- 
tion ; and had some bopei pven him at Edia- 
bnr^h, that when the baroot of Exchequer 
should meet they would couotennaud these 
remoftngs; when he had called the tenants 
together, and acquainted them with these ope- 
rations of his on their behalf, and sent them 
with a notary on the Ist of May, to intimate 
thesistto Glenure; and when, after this, he 
learned, on the 11th of May, that Glenure had 
Ifone to Edinburgh in his turn, got the sist re- 
mofed, wss oome back to the country, and to 
proceed in the remo? imrs ; that, from thia fresh 
disappointment and affront, that must lessen 
him m the eyes of those tenants whereof he 

. bad assumed to be protector, the resentment 
and hatred which he formerly bore Glenure 
should be yet higher inflamed, and drife him 
on to send out Breck, his emissary, to cut off 
the gentleman whom they both looked on as 
^eir enern^, in hopes of safety to Breck, the 
•dor, by his getting abroad, where he was to 
go however ; and to himself, the mandator and 
accomplice, by his remaining in appearance 
quiet at his own house. 

And tiie evidence, that in fact this was the 
case, consists of these further cireumstanccs, of 
which you have heard the proof; that the ac- 
tual murderer of Glenure, in the quarrel of this 
God, and in resentment of which this paunel 
discovered designs or intentions against bis 
life, when the quarrel itself was wrought up to 
the highest pitch, sets out from the pannel's 
bouse, leaving his own clothes and baggage 
there, dressed in a suit of the pannel's clothes 
filter for the purpose, as being less remarkable 
or distingtiisbed than his own ; goes directly 
and puts himself in the way of Glenure; passes 
bis time, whilst he waited for him, visiting the 
sisters of this pannel in that neighbourhood ; 
and with Stewart Ballachelish, who was also in 
the general interest of the pannel in respect of 
the removings ; retires, when the bloody deed 
was done, to a deep retreat that was not tar off; 
where he remains till this pannel caused to be 
sent him his baggage and a viaticum of money, 
such as he could afford or scrape together, to 
enable the assassin to get off. 

And that this aid and succour was sent in 
consequence of a concert betwixt them, pre- 
vious tojhe murder itself, appears from these 
circumstances ; that on the morning of Thurs- 
day, on the evening whereof the murder was 
committed, the pannel sent an express to Wil- 

' liam Stewart at Marvburgli, earnestly pressing 
him to send him eight pounds, as the price of 
cows not yet delivered ; and it hath not been 
explained, and far less proved, on the part of 
the pannel, who is a man of some credit and 
substance, though he had then but little cash 
in hand, what oilier pressing exi>;eiicy he then 
bad for an immediate supply of money, when 
be was living upon his own farm at Aucharn ; 
be has not sheweil you, that he had accepted 
m bill payable on Friday the 15ih of May, or 
ihetermofWhiUunday thisyear, or that be 
WM under distress of any kind, that iMairad 
" " iiapply/ ^ 



Trial of Jama Stenartf 



[aoB 



Again, as the messenger of Thnnday broog ht 
back no cash, there is another seut oo Friday, 
being the packman, the cousin-fferman of 
Breck Stewart himself, who carried two con- 
missions from the pannel : First, That by a| 
meaps he should send him five gnineM,aBA 
this, though William Stewart should borrow it 
from twenty purses ; and, 3dly, To tell Wil- 
liara Stewart to give credit in five pounds ster- 
ling to John Maccoll, bouman to Apoia at 
K<Mdisnacoan, in case he came to demaira tiicli 
a sum ; the pannel at the same time telling the 
packman, when he gave him this mfagt, 
that Allan Breok was about to leave the cow 
try ; that he might be suspected of GleniBM^ 
murder; and that it was incumbeot apon ImMi 
the panne], to supply Allan Breck in tnoii^. 

Now, gentlemen, to this message Iron the 
pannel to his friend William Stewart, by tht 
cousin of Breck Stewart, you are to join ano* 
ther corresponding circumstance dcpoacd by 
the bouman, to which I must call for yonr par« 
ticular attention; for, in relating wbai.pnind 
betwixt him and Allan Breck on the aftcnmn 
of Saturday the 16th, he swears, '* That Athn 
Breok then told him, he must remain tbcBa,l9l 
some necessaries he expected came to him} 
and that, unless some money csme for hlni h^ 
fore next morning, he, the Muman, nDuatga to 
Fort- William with a letter, which Allan Bmk 
then wrote to William Stewart, merchant la 
Maryburgh." Ooes not this as plainly wfmk 
out, * rebus ipsis et factis,' the concert h et w ht 
the pannel and Allan Breck, before they [itoiy 
as if you had beard it from witnc 
at their conference ? Breck 
upon an exploit, which, if performed, it' 
require a little money, of which he, it i _ 
was then destitute, or very scarce, to cniry I 
off the country; the pannel himself was ml 
then in cash ; but the assurances he saftto 
Breck must have been, that, without Tom tf 
time, he, the pannel, would send the money 
directly to Breck at Koalisitacoan, or elhv- 
wise send him credit upon his, the pannolV 
friend and correspondent, William Slawai^ 
merchant in Mary burgh. Their rcapeoiiia 
actions correspond exactly with this conesrif 
and arc unaccountable without supMslif 
it. On Friday the pannel sends to Williaai- 
Stewart for five guineas in cash, and an 
to give credit to Appin's bouman for five [ 
more, in case he should call for it. On 
day Allan Breck being with this bouman, ata 
I place distant from the panoel, tells the bomnaat' 
j that unlebs money came for him before ncfll 
I morning, he, the bouman, muat go to Fort^ 
' William with a letter, which Breck then 



to the said William Stewart, merchant at Mart- 
burgh ; and such a letter, that Breck teUitnn 
bouman, if he was catched with it, he mnstaai 
it bpfore it was found upon him. 

These circumstances are so pinching i^ 
the paunel, upon the capital point now inl 
that he has made an Atlemnt le 
awer or solution of thin difianlty 
bringing Katharine Maoinvriutt 
Ballatntlithi to danaaiu ti^ 



'•Allan fireck aI Uie g^at^iouse upan Thursday 
mgkt^ ** Ih^^'^ ^" '" '!t»siri?d tierlotd) DoonJd 
Stt^rnrt in I! hi ^u to ibe pannd, and 

«|flairr him in i. . nd Alluii mniiey ;" and 

ihal «bt* tldifer^d tlii« message to Dooald 
Stewart Uiat naiiiMitifhl. 

ilfmioi thin Duiiald Stewiirl hath deposed, 

.noi tibfti ICikiiiaiHue Aliu'tnntiib delivered him 

iflf ittrh fii^sas:e from Aliim, hut, ^' Thai ihe 

ctM iiim fHit, and told turn that Allau Breck 

.WitlMl himt ami was a Htite above the house 

im ibe br»e or htll, where the depaneot went 

mi met Altau Hrecic, who then lulU the depo- 

MAL, tie wai |{t>ing iiumediuielv to leave Ihe 

'4(imfiloni, and wa!} ufrnnt? then far Koalisiia* 

«a4ii ; iiod desired the de|ftoneiU tu acq^uaint the 

fk»M»*<l (hrtt he wau gone to ihat place, aiul tie- 

n, ir pOBsihle, to send hnn inuney thi?r*» ; 

; - deponent th^u promised to acquaint 

iarttes Sicwari of* the ahote nie^sa^.'* And 

ihtt Donutii Stewart further deposes, " That^ 

ifirr his coover»atlofi with the panoel about 

•efjttiBt More, he detivered the above nieasoge 

from Allan Ureck to tha pannel ; and Ihat the 

piatie) Jilt not 8;iy whether he was to send the 

iDoaey or not : thai thincouveriiaiioij happened 

•baul ten o*clpck in the foreauon of Friday 

tht IMli of May last; and that there waa 

oobody |iie«ent/' 

Aud, as 1 think Ihe only pUusibte tbiugr 
ftwH lor defence of the pannel coosivts of 
tIesetM'O festiuKiriies I htivtt juttt repealed, 1 
fiitt«t kt^ yoiir attention, gt^ntteuien, to tlie re- 
■aib I hiiTc 10 offer uiH>n ihein, that you may 
blhe betti^i' ahle to dtscero ivhat degree of 
^^kl or elferi ibey deaerve, or whether tbey 
^Mrrve aoy ut all. 

Aad, tirVi of al1» ibia Donahl Stewart in 
oepibew Mod aon-in-law to Ballacbehsb, and 
liiai in family with him ; and it appears the 
whole fimdy nre io the t^t^ncral interest of the 
Btoafl i i'vT John ^iewart the younffer **f fiaU 
wMibi the bnuher-iolnw of this Oonald« 
lHb^tfi<Me4l, ** Thai, in the timeof the spring- 
in tills place in Mny laat, he was sum- 
to be of the jury ; but that, at the 
it reipieMt of the piiooel, thnt he should 
W|in^(ent %\n\i ;i n<ULir\ nl liu- rriiiovint^ of the 
iRttQta froui the cstaie ot ArrlstiiH. he vinB 
'jp||g;oit tbai ei'fand to the pHiiueCs houne, bui 
lilUinH lo Appu), upon heuriuiZ' of the murder 
iMUttitted that day ;'^ and han further deponed, 
^TW he wu« ui Edinliur^li io Au|^iiiit lawt, 
Wi ma^ prevent ai eoOMulltitions of the paoners 
k»yfn* and Ht^eotfi louchiuyf hi« deteoee:'' 
lf«ti are therefore to weijifh Iheeredtt due to a 
lioflr witue>u» of that fumdy, swearmg lo a 
I bf iwtxt the punocfil and him > 
'ody pre^f nl, that tliey have 
H ii> lit.' provi'd for ilie panneK 
«' nirfufly ^iUm rveil to yon, ill re- 
V i.l^^Mce on ihene two wrtoe«<se«, 
II ibe servant maid of HaIU- 

»■...: i« a manifeat discrepancy 

ibeni, ttiousrh it ir not a U»ng time 

tact they depose to happened, and it 

kilh rrer amce beeu ibe subject of alteutioo 



A. D- 175i. 



[210 



fir 



and conversation in the country where thev 
hre i for the maid Mays, ^* 8he received the full 
meauao^e from Allan Brpck, and delivered it to 
Doojfcld Siewarl » and that i»he did not desire 
Donuhl to 1(0 u|} to Allan in the hill, nor dut 
Allan Bnck desire her to send Donald io hint 
thert:*- Ami yet Donald swears, *' That tlw 
ma(d informed him, that Allan Breck wanted 
bim, snd tohl iiiai v^here Breck was ; and that 
Breck himself tfuve him the meBsa^e to he de- 
hvered to Ihe pauriet ; which he didiverod ac- 
cordingly about fen o'clock next day to the 
pannel, whom he met alone in the lields/^ 8o 
that ihe whole of this tale, attetiipied to be 
proved by these two witnep^ses, nppejus ex- 
tremely suspicious, and thuir accounts haoit^ 
not well together. 

r.illy, Donald Ntewart'ti tale^ if it he true, and 
if it be also true, tliul tlie parkmau wiis not 
sent away by the oontiol to Kort-Wdharn, till 
iihout twelve oVIock on Friday » tnf}(ht «orve lo 
account for, or to have gfiven rise to the pnok- 
nmu'i meaaage on that day : hut how will it 
serve lo account for the lormer e:bpres« sent 
U|ion the tuoruini^ ol Thursday by the panneli 
to the same VViUiam Stewart at l^iarybarjrh, to 
■end him down immeditttdy eight pouuda itor* 
liiigf hy the hearerf 

4thly, If it be true, wbirh both Willianfi 
Stewart and his wife depose, that the packintin 
came to them at Tort- William, upon Friday 
betwixt ten and twelve, txs the husband snys, vr 
about mid-day, as the vf itesays^ llien the pack- 
man must have be^n misiukcn (u ihr h'>ur that 
he was dispatched by Ihe pannel from hia 
house, when he sjtys, it was about twelie 
o*clock that day ; and if Stewart and his wiftt 
are rathfr to he betievetl, tlial he ^^ot to Port- 
William by noon, he must have bcf n dispatched 
by the pannel long- before ten o*elock, when, 
Donald Stewart says» be dehveretl Breek'C 
tuessage to the panurh 

And, lastly, Ibut which affords a solid and 
satisfy iu|f reply to the defence founded on 
the-se two testimonies^ of the «oin-in law and 
servant-maid of Uallacheli*)h, t^ thsi coosidera- 
tictn, th:U suppoeinhf it true, tor Ariftiutenl's 
8ake, which they have sworn as lo iho sub* 
stance, that Breck sent notice 1»\ D^M»:i!d to 
ihe pnnnel, Ihat he was Qfoinif to I »i«n^ 

arid ivdoieil luimpy, how will th < ii«r 

what w,ii obseivfcfil a little while ago, *^of iU« 
pannei'S wriiinj: a letter uprm %uiti>rdav -itier* 
nrvon, lo he sent by the botnnno to iViltiam 
Stewart at iVIiirybur^h ?** For though here he 
a lale, I am sfaid lately invented by the pan- 
nel, of a mrsiiugp from Brrck to hifu after the 
murder, to teli the place of hi<« retreat, aod that 
he wHiited mouey, he bath forgot to provide 
wttueHsea tor proving another thing, anii tkat 
is a mes^iuge in return from (lie piioht-l lo 
Breck, to give Breck notice tiow the nion^y 
wfiLS to be f'lond i»r turni'ihett, imniely, by the 
panners Ifiving crcdti to him, or the bouman, 
upon William Stewart at Maryburgb ; tor, 
without such ootice, how could Breck, from 
the bottom of bis beugli ia KoabsnaooAu, ao 



Sll] 25 GEORGE II. 

exactly co-operate with what the pannel was 
doinji^ from his own hotitie at Aurharn, as to 
write a letter on Satiiniav to the same William 
Stewart, merchant in Marybtirfi^h, to he sent 
by Appin's h'luman, to««hich William Stewart, 
on Friday, the |>annel tends Breck's cousin, to 
bid him ^r\ve credit to Appin's bouroan for fi?e 
pounds, ii'he should call lor it? 

This circumslaiK^, therefore, which is quite 
unanswered, as well as the express on Thurs- 
day morning for money, before the murder 
happened, makes the evidence before-men- 
tioned remain in full force, the tales of the 
messaife to the panneL mentioned by these two 
witnesses, notwilh!>tandini;. 

There hath been hardly any thing else 
proved for the pannei'«4 tiofence, that merits 
a reply : it is of no moment, that this was not 
the lirst time that Breck Stewart made use of 
the panuel's habit or clothes above-mentioned ; 
he had usetf them once before in the month of 
April, when he went to Uannoch, whilst the 
pannel wan at Ediubnrs^h ; bnt it was not the 
le-is true, that this habit %vas far more commo- 
dious for the murderous purjtose he went about, 
when he lefi the pannel*s house on Tuesday 
morning the ISih of May, than his own French 
clothes would hare been. 

Again, it is true, that on the morning of 
Thursday, he writes a letter for a notary, to 
take protests against the removings, at the 
same time that be writes tor the 8/. ; and his 
counsel have said, that this was pursuing quite 
another scheme : but this is by no means con- 
clusive, to prove his innocence; he was galled 
'tnd incensed by these removings, and liis pro- 
test by a notary, after his bill of suspension was 
refused, would be of verv little avail ; and yet 
he writes fur one to attend, to be provided for all 
events, as it was a possible case, that the in- 
tended murder of Glcnure might have been 
prevented, by his going another road than the 
common one, or other accidents. 

And as little can it avail the pannel, that, 
after he was in custody, he wrote a letter to 
Mr. Macfarlane at Edinburgh, describing Allan 
Breck, and expressing a desire that he might 
be apprehended ; for this was a letter shewn to 
colonel Crawfurd, the commanding officer, and 
now appears to have been a manifest dissimu- 
lation, when, by the shewing of the pannePs 
own defences, he sent money to Allan Breck in 
order to help him to escape, on account, as he 
says, of his relation, and having been formerly 
his ward or pupil. 

When, therefore, gentlemen, you shall con- 
aider and duly weigh the whole facts and cir- 
cumstances proved before you, and which I 
have now resimied ; and when to these I have 
last mentioned y ou >liall add, that, besides the 
clothes and the money furnished to Breck, 
there is a strong presimiptive evidence, that the 
Tery lesser or shorter gun profluced before you, 
and prove«l lo have been the panuil'8,and which 
is of the wider bore of the two, was the ? ery 
iDatrumeiit w ith which the murder was com- 
Miitted ; fur dodc of the lerruits saw il upon 



Trial of James Stewart^ 



[ei9 



Thursday night, when they hid the arms ; and 
when they saw it on Friday night, wheo the 
arms were carried up to the hill, it was empty ; 
and captaii: Chapeau and others have deposed, 
it appeared to them to have been lately fired, 
when he found it ou the 93d of Alay. 

That the jiannel, on the first notice be re- 
ceived of the murder being over, discovered an 
apprehension that he himself might be brought 
to trouble on that account. 

That he made an attempt, tliongh a very an- 
availing one, to throw the suspicion ot the 
murder upon serjeant More Cameron, who 
had not been in that country for many years. 

That the pannel, being in custody, sent a 
message by his barber to his servants to keep 
their mind8 to themselves, and he would taks 
care of them. 

That his wife and one of his children have 
too strongly discovered their sense of the iin<- 
portanceof the article of the clothes furni8he4 
by the pannel to Breck, by 8we^^ing, that Breck 
left their house in his own French clothes, 
though the wife, at least, most certainly knew 
the contrary.* 

I say, gentlemen, when you put all tbest 
things together, you will form your opinion, 
and pronounce acc<irdiiTgly, whether this pan- 
nel is, or is not, guilty of accession to this 
horrid murder P In all circumstantial evidence, 
there is a possibility of innocence, even without 
supposing any of the witnesses perjured : for 
example, in the case of Stewart Abercrombie, 
which you heani mentioned in the debate on 
the relevancy in this trial ; it was urged for him, 
and very truly, that some other man without a 
hat, as well as he, might have been the mur^ 
derer of the deceased ; for there was no witness 
who could swear he saw him do it: and in the 
other case of Maccowan you heard mentiontd, 
who was convicted princif>ally upon a shirt and 
stockings being found in his |»ossession, which 
the poor woman had carried with her from 
home; it was possible that Maccowan might 
have got these garments immediately, or by 
progress, from some other fierson who had 
robbed or murdered the poor woman. But, in 
both these cases, the pannels were convicted, 
and suffered accordingly. 

And, in the present case, if, notwithstanduig 
what you have heard, you can believe, that 
Allan Breck Stewart committed this murdsr 
purely of his own accord, anil without any 
privity or previous concert with this |iannel; 

* Lord Coke, af^er reporting the famons 
Case, repeated after him by loni Hale, of erro- 
< neous conviction upon circumstantial evidenoe, 
and execution of an uncle for the murder of hit 
niece, says, ** We have refmrted this Case for 
a double caveat, 1st, to judges ; that they in case 
of lite judge not too hastily upon presumptions: 
and 2d, to the true and innocent man, tnat be 
never seek to excuse himself by false or uodon 
means, lest thereby be, offending God the an* 
thor of truth, overthrow binieirM tho anck 
did." 



213] 



for Murder* 



A. D. 1752. 



[S14 



ud tbe mid ic>ven by the pannel to carry bim 
off, was out of mere oompa^OQ, and a resolu- 
lioB firvt taken after the pannel had heard of 
the murder itself,* then surely it will be your 
doty to acquit the pannel ; for, better that this 
ier, atrociooa and scandalous as it is, should 
am onavenn^ed by human justice, than that 
one ianoeent man should suffer. 

Bat, on the other hand, if, upon the whole 
cfidenee, you cannot believe the psnnel inno- 
cm^ but are coonnced in your own minds, 
tfciC be baa bean knowingly accessary to this 
OMrder; then, doubtless, your duty to God 
and your country requires of you to pronounce 
kia guilty. 

Mr. Brova, for the Pannel. 

Gentlemen of the jury ; I appear for the 

pannel ; and, as this trial has already taken up 

m ficni deal of time, I shall not follow the ho- 

rakla and learned gentleman on the other 

,«• toaae things which I conceive to be 

to tbe matter in issue ; but shall 

losnm up what I have to say, hi as few 

vordi as the importance of the case, a^od variety 

of ■itmra to be considered, will admit of. 

As J am at all times under no small degree 
tf copcei n , aa often as I appear in any case of 
ihia nature ; ao I must acknowledge f am at 
frcsrat under greater concern than ever I was 
■ any former case, when I consider tbe many 
isftlvantagea which this unfortunate pannel 
takours under. 

In tbe first place, I am under the necessity 
tf entering the lists with a learned gentleman 
•f ficat abilities, and of much more experience 
iatkcN matters than I can pretend to. 

Bat, gentlemen, if I have undertaken what 
I as Bot sufficient for, the fault lies at the door 
tf the private prosecutor, who, beCore the pro* 
HCilisB was commenced, begun early with 
ffi*«ifa^ng the whole counsel at the bar, 
vkiM most experience in these matters, not 
■*ilhaB intention that they should assist in 
9iig on the prosecution, (for many of the 
' men who ^ere engsged have not ap- 
iat the trial) but with an intention that 
ibty ni^t not have it in their power to appear 
m tkt side of the pannel. 

A init prosecution .scarcely stands in need of 
■ aivorate to support it. What then shall be 
■id of a prosecution, where the prosecutor 
dnysirs of prevailing otherMrise than by de- 
priviag tbe pannel of those ^bo were most able 
Mdrfrndbim.' 

Fur my own part, I chose rather to have it 
■idof ine,that I had imprudently undertaken 
wkat f was not sufficient for, than »hat 1 had 
nciiaritably refused to give any poor assist- 
aaer in my power to a gentleman, who ima- 
fints that f can be in the smallest degree useful 
m bim. 

* See Mr. Burnett's observationa as to this, 
in chap. 14, of his Treatise on the Criminal 
Laflv Of Scotland, p. S85. As to art and part, 
iM foL 10, p. 807, of tbia CoUedion. 



I might also take notice of many other 
hardships which the panqel has suffered from 
close confinement, during more than four 
months, contrary to the great charter of liberty 
in this part of the kingdom, — from the unwar- 
rantable seizure of bis papers without any legal 
authority— and from the shortness of the time 
allowed him for making liis defence : but these 
thintrs have been so fully insisted on by the 
gentlemen who have spoke on the same' side, 
that it is unnecessary for me to repeat what has 
been already said. The facts have not been 
denied by the prosecutor ; and as every man 
must see, at first sight, what a prodigious loss 
it is to a pannel, to nave access, for so long a 
time denied to every person who was capable 
of assisting him in making his defence, so f 
must be forgiven to say, that if this trial waa 
at all proper for a circuit-court, (which may be 
doubted) it ought to have been brought on in 
the ordinary form, by way of presentment, and 
not summarily in the form or criminal letters. 
By the former method, the pannel would have 
have had upwanls of three months to prepare 
for his defence, instead of fifteen days, which is 
all the time the pannel has had, since the cri- 
minal letters were executed against bim. 

But, gentlemen, there is yet another disad- 
vantage, which this pannel labours under, 
which gives me more uneasiness than all those 
I have already mentioned, and which, 1 must 
beg leave to say, I dread more than all tbe proof 
which has been brouij:ht against him. 

What 1 mean is an impressioo, which has been 
industriously rai^ied, and artfully propagated, 
as if it were some- how necessary that tbe pan- 
nel should be found guilty ; and as if his being 
acquitted might bring a reflection on this part 
of the kingdom. 

Gentlemen, I do not expect, nor do I desire, 
that you should return a verdict contrary to 
evidence : but it is my duty to put you on your 
guard, not to allow yourselves to ble carried off 
by passion or prejudice : and though 1 have no 
doubt of the integrity or honour of any of the 
gentlemen to whom 1 now address myself; 
yet, upon this occasion, it is my duty to say, 
that if vou find the pannel guilty, either with- 
out evidence, or upon doubtful evidence, you 
will thereby bring the blood of an innocent 
person upon your own heads: — 1 say, nn in- 
nocent person ; for every man is hehl tn be 
innocent, till such time as he is convicted, 
not by doubtful, but by legal and complete 
evidence. 

And if the evidence is insufficient, uhich 1 
am hopelul I shall be able to shew, 1 am under 
no apprehension, that your acquitting the pan- 
nel can ever brim; any reflection cither upon 
yourselves or upon your country. It is the 
peculiar happiness of this part of the island, 
that, in capital cases, the law makes it neces- 
sary, that the whole of the evidence should be 
taken down in writing ; and as that has been 
fairly done in the present case, the auUientic 
record will satisfy every reasonable and think- 
ing person, that tbe grounds upon which you 



215] 



25 GEORGE II. 



Trinl ofJamet Steusart, 



[2IG 



liar^ procreded were solid ; aud if you bare lb e 
apprdbiitmn ot iiurb, yt^u ought to disre^rd 
wbot olbi'rs mtty sny of you. 

Having said so iimcb in tlie ^ncrBl, I tbalt 
now proceed lo cauddf r the crime wbich baf 
befo vburc**d aifainst the paiinel, mnd the efi- 
t)i>r»ce vrhii h bJin been bmutjht in support M' 
Ihiil chsr^e* As to Ibc crime itself, I readily 
a^ree w ilb i^very one of the gentlemen who 
hare spoke before nie, tbat it is of so atroeiouai 
a nalure, lUat wurds can hardly he found 
atroD^* ertoufifb Ut express, in proper colours, 
its enormiiy ; and f shatl nho admil, that it 
is hii^bly nggriivnlcd from the particutar cir* 
<^umHtances wbicb have been very properly 
mentioned by the b«iu<inrahle cfenlleman on 
%he other side. But then the prosecutor would 
do well to ohi»c7rve, that the more atrocioim tbc 
crime is, the more natural il 19 to presume, that 
the punnel wo;! not ifiiilty of iL And it is my 
duty to put you oti your guard, that a just in- 
di^uHtion at the lieinousues^s tif the crime may 
not lead you lo cortdeum nilbout proper evi- 
dence X ioi\ bo welder foul the crime may be, 
it IB much better that it should escape unpu- 
iitMbed, ib:fn that an innocent person should 
suffer for it. 

The crime charg^cd ngainst the pannel Is^ 
that he entered into a consspiracy with Allan 
Breck Stewart to murder CoHn Campbell of 
Glenure by the hands of the said Allan, and 
tbat the murder xvas accordingly 40 committed. 
Ami therefore, before the prosecutor can pre- 
vail, il heboves bim to prove, not only that the 
murder »as committed by the bauds of Allan 
Breck, but aUo, tbat tbe (Ninnel and be were 
preriousty in a coDspirocy to commit tbe mur- 
der in tbat manner 

The prosecutor pretends not to have brought 
any dii-ect evidence of either of these facts ; 
but Ibeg-uilt ttf hejth pannelsi i« inferred from a 
▼ariely of circumstnnces, which it now helonj^ 
to nsto consider, so far as is necessary for ttie 
defence ef this pannel. 

Aud here I shall not dispute ibe g-eneral 
projumition hid down by my li>rd advocate, 
•* That crimes may be proved hy circnni- 
»tance<i.^* 1 achuit that any crime may be so 
provetl ; but then 1 humbly cootetid, that the 
circumstances oncht m be such, as necessarily 
inft^rthetrudt ttf die pannel. 

fn onler that this matter tnay appear in its 
prii|H'r h|;-ht, I must brg leave lo lay down ime 
. general rule, which admits of 00 exception, and 
ought lo be stiicllj fnllnwcd in jud^mi^ of till 
cireumslantiale evidence ; which is, that where 
any fact proved spainst the pannel, is rn its 
own nature such, tbnt it will ualiiraJly aiU 
init either of a jfood or a bad cuo^truciioii, that 
GonKtruclion out^ht always to be received which 
IS f«tnurah!e for ibe panneL 

Tins is founded upon tbe first princtpic of na* 
tttral justice, which directs us, " To do to 
others as we wnnhi have them to do lo us:^' 
ftod as every one of you would think yourself 
hftfdly used, if a bad construction were put 
upou any action of yours, which would mta- 



rally bear a gtM>done, the psnnel asks no morw, 
than tbat you should judge of his action* by Ibe 
same rule. 

And here, gentlemen, I do not m^aii, iImI| 
in a circumstanliale evidence, il is nec^svary, 
tbat every circumsianee taken separttHy 
should be conclusive r if that were nereasary, 
few crimes could ever be proved. But wbst J 
intend is, tbat, in till crimen ivhatever^ it is nt* 
cessary that the pmof sboutd be certain iiii 
conclusive; and as the law justly rejects alt 
arg-umenls drawn from conjeutures «nd forced 
consM^uences, il is not kii Hi cienl I o convict t 
pannel, thai be might bste been guiliy of ttM 
crime chunked ; but ihtf proot oujjbi to besadi 
as to leave no room lo doubt that he was m : 
and though it is not necessary, in a i irciiiD- 
stanltate evidence, that every circumiit»0€«, 
considered apart, should be conclusive; yttl 
conceive I may lay itdown as aecrtain priM» 
pie, that where tbe whole of the drcumstaoiOlf 
are such, tbst they nnt^Ui nulurally havt hti^ 
pened without inferring the *^\uii of tb« fmaakt 
such circumsiancefl, however numerous, oogte 
to have do authority against bim. 

To apply tbix rule to tbe present rate, I MM 
hopeful I shall be able to satisfy you<, gentle- 
men of the jury, tbat the facts charged agaioil 
the panuel are either not proved^ or they ir% 
such, tbat all of them might have usturallj 
happened ; and at tbe same time the paniiet be 
eotirely innocent of tbe crime ai which heia 
accused. 

But before I proceed to consider pvrttculirljr 
tbe several articles of the proof brought agtrail 
Ibe nanntl, it will be Decef»$iary to put yaa \m 
ininrl of somethings v^hich hapjiened preriooS 
to tbe murder, a« these ma\ tend lo exptain 
many things which occur in the proof, iifd 
wtiich shall be afterwards pariicukrly taken 
notice of. 

You have already beard, from ibe gentle* 
man who spoke fir^t on ihe ssme siiU- with me* 
that, m the m<»nlli of frVUrunry 1749» ihed^* 
eeut^etl (J<diii C^ditiplicll yf (jleuure Wd» appoint^ 
ed tactor by the barons of exeheq cr, iipcm ths 
forfeited estates of Lochiel, CsHart, and Ard' 
shiel ; and, as the pannel, who was then teua 
(if part of the esiate of Ard»biLd, bail alwa]^ 
lived in great friend^^hip with Glenure, iind hul 
as fair a character as any genilemau in ibm 
part of the country, I lie management uf the 
whole estate of ArJt«litel was cNiinmittetl lu Mm 
by Glenure, and . bis bill was laken for ihift 
yearly rent at which the estate bad been ratetl 
after survey by tbe barons of exeheqaer» 
leaving it to tbe pannel to apply tbe surplus t# 
the use of Ardshiel*s cbddren. This is proved 
by Nevernl letters and receipts produced, and ill 
particular from G tenure's leiier to tbe panndf 
dated the mb December 1749, iu which he 
wHles as followt^: '* This moment I bad yourli 
by your servaui, wiib tOL 18*, 5d. sterling^., 
and the warraut L formerly gave yrni, tl^ 
ceive inclosed your note. Your payoients ire 
very good, for' which I em obliged to yoo. I 
intend, God friiling, to be at fidinbargb oa, m 



lanM 
ay*V 



11 

I 



BI7J 



Jnr Murder. 



i4iy or two belure, the 25th current ; thai is, 
I iuteiid to set om from this place this ilay, or 
li*aioiTow eiiflit days ; and will go by tilas- 
mr, and make no Hto|i by the way. Remember 
Mv Ardsbiel'a dischariees, and all yonr other 
laaliBg. I heartily wish you a i^rood journey .'* 
"iMMtbe month of April 1751, Glenureap- 
1 to the panoel to gi? e up the farm of Glen- 
r, vbieli he then possessed, to Mr. Carop- 
sf Ballieveolso, Olenure's particular 
who, it appears, had offered an addi- 
reiit ; and though the pannel had not 
kmm lefally warned, and so was not oMiged 
Is icnwve tor that year, yet he reailily agraed 
viA Gteaure*s propojial, removed from the pos- 
MROQ, and took from Mr. Campbell of Airds 
ike fcm of Anebaru, where his family now re- 
■dca; hot h« still continued to uplift the rents 
m fomerly from the tenants of Ardshiel, and 
tibewiK to possess a small farm called Letter- 
more, wb'ioi he had subset at about 6/. sterling 
pcramum. 

In the month of April last, Glenure exe- 
cflled a warning, and obtaioetl a decreet of re- 
moving i^iost DO l«*ss than five or six tenauts 
sf the estate of Ar4lsliiel, and also against as 
■any tenants of the neighbouring estates of 
Larhiel and Callart, decern inir them to remove 
frsm their respective possessions as at the term 
sf Wbitaooday last ; and, among the rest, the 
funera two aub- ten ants in the farm of Letter- 
Bore were also decerned to remove 

This was comp:ained of as a very irreat 
Wriahip in that part of the country, more 
dferislly as the tenants in possession paid 
tknrmiU regularly, and were willing to take 
Ibcaaiks to the government ; and although the 
fiHcl*! private interest in the matter was not 
pcai, jfet, as be foresaw that a procedure so 
me might be attended with disagreeable 
Mftanices, he went and ot^n expostulated 
viikQicvure upon the subject; but ne having 
ymM4in his resolution, the tenants upon all 
Ac ibif fsifttea transmitted memorials of their 
a* Is he laid before the barons of Exchequer ; 
■ Mi, ai the pannel waa then occasionally at 
iMofgh, about some private affairs of his 
•*B, be presented the memorials to one of the 
kvms who disapproved greatly of Glennre's 
ttainet, but could do nothing towards piitlinir 
•«sf to the removinifS, as a quorum of the 
^sas could not be held till the next Exchequer 
ta« ; though at the same time, he nndertf»ok 
kicpie^nt the caae lo the whole barons, add- 
^r, that he made no doubt but they would 
five an order to the factor to continue the te- 
■Ms in possession ; which in part apfienrs 
htm a letter wmte by the pannel to Charles 
Aewart, writer, dated 2rth April 1758, and re- 
ferred to in the inventory subjoined to the libel, 
h the foltowing words: ** Yesterniglit I ar 
lived liere, after a very tronhlesome jaunt ; and 
•itfw bnrona coald not be got together, put it 
OM of my power to procure an nnler for uur 
Iheior; but baron Reunedy, who I found very 
Imdv mid aeemed lo sympathise much with 
Ihi iMMli' CMC, five It M bii prirale oploiim, 



A. D. 1752. [218 

that they should sit their possessions for this 
year, and that all justice would be done them ; 
and thouifht they should take a protest against 
the factor's proceeding in a body, 1 mean the 
Mamore and Appin tenants. The same advice 
1 had from all I advised with, who were not a 
few, and all were of the same mind, that the 
tenants had a good chance, once their affair 
came before the barons." 

Upon this the pannel advised with counsel, 
how the tenants might be kept in possession 
till the Exchequer term, and by their advice 
applied to the court of session for a suspension 
of the removing; and, a bill of suspension hav- 
ing been accordingly presented, a sist waa ob- 
tained, and the bill vdained to be answered; 
which sist was intinnned to Glenure, upon the 
pannel's return to the rx>untry : but, answers 
having been thereafter made to the bill by 
Glenure, who had gone to Edinburgh for that 
purpose, as the pannel had, through ignorance 
of the forms, carried off with him the principal 
bill with the sist upon it, the answers were ad- 
vised without the bill, and the bill refused by 
an interlocutor the 5th of Mav last. 

Upon Saturday the tfth of May, Glenure re- 
turned to hie own house in the country ; and 
so soon as it came to be publicly known, that 
the bill of suspension was refused, and that upon 
Friday the 15th of May, being the term-day, 
Glenure was to execute the warrant of ejection 
against the tenants of Ardshiel, it was resolved, 
in consequence of the advice the ponnel had 
got from Edinburgh, that tM^ tenants should 
take a protest against Glenure, in case he 
ahould attempt to put hi* warrant of ejection 
in execution ; and that they should cominue in 
possession notwithxUuiling thereof, till such 
time an their case should be fully heard before 
the barons, and that their directions should be 
known. 

ActMn-dingly, in prosecution of this plan, 
njHm Tuesday the 19ih of May, the pannel 
wrote a letter to Alexander Stewart, writer in 
Glenettie, desiring him to come and act as 
notary to the protest intended 1 to be taken 
against Glenure ; and at the same time he pre- 
vailed upon two gentlemen of character in the 
neighbourhood, viz. John Mtewart younger of 
Ballachelish, and James Stewart younger of 
Fasnacloich, to undertake to attend as wit- 
nesses, and a>&sist at taking ihe protest ; but the 
said Alexander 8cewRrt, the notary, having 
happened to be out of the way, when the pan- 
nel's servant went to his house, and this hav- 
ing lieen notified to the pannel u|>on the morn- 
iog of Thursday the 14tb of May last, (the day 
on which Glenure was murdered) he dispatclira 
a servant of his own very early, with a letter to 
Charles Stewart, writer at Aochintonr, inform- 
ing him of the dtRaptiointinent he had met with 
by the alisence of the notary to whom he had 
flrvt wrote, and desiring him (the said Charles) 
to come to his house with all possible expedi- 
tk>n thttt night, in order to act as notary to the 
protest intended to be taken againit Glennra 
next day. 



919] 



25 GEORGE U. 



Trial of James Stttioartf 



[SSO 



In this sitiiatioa mutters stooil upon Tburs- 
i\Ay the 14th of May last, beinjr the day upon 
\«hich this most execrable murder was com- 
mitted ; and therefore, the facts previous to the 
murder being adjusted, 1 shall now proceed to. 
consider the evidence which has been brought 
f(ir proving lioth branches of tlie libel ; 1st, 
That the munier was committed by the hands 
of Allan Brock ; and, 2dly, That it was com- 
mitted in conseouence of a previous conspiracy 
betwixt him and the iiannel. 

And here it is highly necessary that you 
should be greatly on your guard, to distinguish 
accurately between the facts charged against 
the pannul, and those charged against Allan 
Breck; which is the more necessary, as in 
the libel the facts are so intermixed, that it 
is no easy matter to distinguish the one from 
the other. And though I roust admit, that the 
learned gentleman on the other side has been 
very candid in summing up the evidence; yet 
I could have wished he had been more careful 
10 distiuguish the prpof, so far as it relates to 
the different pannels charged in the libel. 

With rei^ard to the first question, concerning 
the ijruilt of Allan Breck, 1 shall not take up 
much of your time; for, though it is incum- 
bent upon the prosecutor to prove that the 
mur4ler was committed by the bands of Allan 
Breck, yet it is not absolutely necessary for 
the pauiiel to maintain the innocence of that 
person ; as it is of no importance for the prose- 
cutor to prove that the murder was comniitte<l 
by Allan Breck, unless he shall also prove that 
the pannel was accessary to it. 

And therefore I shall very shortly state the 
objections against this part of^ the evidence, 
leaving it to your own consciences to determine 
you, how far the evidence brought by the pro- 
secutor is sufficient. 

And the first circumsttance charged in the 
libel is, '« That, upon Monday the 11th of 
May, Allan Breck having been informed that 
Glenure had gone that day to Lochaber, and 
was to return by the ferry oV Ballachelish uj>on 
the Thursday after, he had laid aside his 
French clothes, which were remarkable, and 
had disguised himself in a black coat and trow- 
sers belongin}if to the pannel, with an intention 
to commit the murder." 

But, in the 6rst place, it is not proved, that, 
upon Monday the 11th of May, Allan Breck 
had bt'cn particularly informed of Gienure's 
motions; fur though it does indeed appear, 
from the depositions of some of the witnesses 
referred to by the prosecutor, that Allan Breck j 
had heard of Glenure's having set out that day 
for Lochaber, yet it does not appear that he 
had got any information what road he was to 
take, or at what time he was to return : none 
of thtt witnesses have said so, and, in cases of 
this nature, no fact ought to be presumed 
without proper evidence. 

3dly, Though it is prove<l that Allan Breck 
did change his clothes upon the day libelled, 
yet it is not natural from thence to presume, 
that this was done with tL^ intentiou to com- 



mit the murder. It clearly appears, froin 
the depositions of the witnesses relative to 
this article, *^ That, upon former occasions, 
Allan Breck had been in use of laying aside 
his French clothes, and putting on tlie drev 
of the country." And, in particular, it is 
proved by the depositions of the three Maccolls, 
(who caimot be said to have been partial for 
the iMuinel) " That he had on these very clethea 
belonging to the pannel, when he went to Ran- 
noch in the month of April last :'* and Ume- 
fore, as it was no new thing, but a commao 
practice of Allan Breck's to lay aside his Frendi 
clothes, and put on the dress of the country* it 
is wrong in the prosecutor to lay hold of thii 
circumstance, which is m itself mnocent, and 
to wrest it into an argument against the pannd ; 
especially as it ajipears from the depositious of 
the same three witnesses, " That Allan Breck 
wrought with them in the pota toe-field tht 
greatest part of that afternoon upon whioh b« 
came to the pannel's house," which was a veir 
natural reason for laying aside his Freon 
clothes, as not being proper for that purpose. 

The next circumstance charged against Allan 
Breck is, '* That, for louic days before tbo 
munier happened, he had hovered near to the 
ferry of Ballachelish, at which it was known 
Glenure was to pass ; that, during that period, 
he had been twice at the house of Ballacoelish, 
twice at the house of Glenco^ and once at tht 
house of Callart." 

But, in the first place, it is not proved, that 
Allan Breck knew that Glenure was to pan at 
the ferry at Ballachelish ; and therefore it is 
ridiculous to talk of hovering or lying io wail, 
when it was not known at what ferry Glenun 
was to pass. 

3dly, If Allan Breck had known tliat tb« 
defunct was to pass at Ballachelish, and bad 
intended to lie in wait, he would have kept 
close at Ballachelish, and would not have flono 
either to Callart or Glenco, which are eadi of 
them at three miles disUncc, the first on the 
north side, and the other on tlie south aide of 
the ferry. It is much more natural to pre- 
sume, that Allan Breck went to these plaon 
with an intention to visit his friends who lived 
there. And this is another instance where tht 
prosecutor wrests a circumstance, which is in 
Itself innocent, into an argument against tht 
pannel. 

The tliiid and strongest circumstance against 
Allan Breck is, *' That he absconded that very 
night upon which the munier happened, and 
left the country soon thereafter." 

But this circumstance has hern in like man- 
ner obviated by the proof brought in Itehalf 
of the pannel. It is clearly proved, tliat, 
in the year 1745, Breck wa** a soldier in the 
regiment commanded by colonel Lee ; that| 
immediately after the battle of Preston, he de- 
scrteil to the rebels; that he remained with 
thi'm till they were happily, defeated at the 
battle of Culloden ; and that, since that time, 
he had been in the French service : and there- 
fore, as Breck must baft foreieen, tbati upon 



»1] 



Jbr Murder. 



Um Bianler of Gknare, a rery strict search 
wouM be made, it was very natural for liim, 
thon^h innocent, to abscond and leave the 
coootrj, and accordingly it appears from the 
poaf, that be ^ve this account of the mutter 
ta etcrjf peraon whom be had occasion to con- 
vfita «ilh upon that Nubject ; and therefore, as 
this dreamstance, as well as all the rest, may 
■alafiby bear a construction favourable for the 
naaat^ it i» wrong' in the prosecutor to put a 



Aniction upon "an action which will 
ivalj bear a good one. 

The only other material circumstance from 

wbicb the ipuilt of Allan Breck is inferred, is, 

that, before the murder, he had, ui>on different 

aecaaooa, nsed threatening or resentful expres- 

■aoB acainal the defunct : but, as it seemed to 

be adaaitted by the learned gentleman on the 

e, that expressions alone were not suf- 

L to infer the crime, I slmll have occasion 

10 emndcr more particularly the effect of such 

aiyisaw o iM under the second branch of my ar- 

gameat, arfaich properly relates to this pannel. 

And wfaacerer mav be your opinion with re- 

£rd lo Allan Breck, I must humbly contend, 
it Ibcre ia no sort of evidence that the pannel, 
BOW at the bar, was in any previous conspiracy 
to conmit tliia heinous murder ; and, as far as 
the nalore of the thing could ailmitof it, the 

Gwel haa profed the improbability of his 
Dg any way accessary to it. 
In the first place, the character of the pannel 
focs far to protect him from any suspicion of 
Hiikind. Though that part of the evidence 
VIS Del taken down in writing, yet he has 
fntcd by witnesses, beyond all exception, and 
CM appeal to vour own consciences for the 
Mb or it, that iiis character in private life was 
Micr stained by auy dishonourable action. Is 
"*( then to believe, that one of such a 
r can at once plunge himself into the 
I guilt, hy committing the crime of as- 
'^ which is of all others the post 



*WiHrto human nature? 
iir.The i 



Sir, The pannePa guilt is still the more im 

pMfe , as he conld not possiblv propose any 

y^by it. He was a man or too good un- 

VMHluig, not to see that Glenure'd place as 

■(i» voold soon be supplied ; that the strict- 

M Kareh would be made for the authors of 

V eaoroioiia crime ; and that his family, as 

■>Y nearly connected with the forfeited per- 

>■■ woald be first suspected : is it possible, 

^ in aoch circumstances, it could enter into 

^ imagination of the pannel, to commit a 

oine of so black a natnre, when he could not 

•sly nap no benefit by it, but when it liehoved 

Mcosarily to involve his own fiimily in inevita- 

he distress and ruin ? 

But, 3fllv, There is another circumstance 

reoflkers it incredible that the pannel 

I have lieen in any previous conspiracy to 

oanmit this murder ; for it is clearly proved, 

Ibatatthat ^ery time he was pursuing quite 

esatrary measores; that he had provided him- 

Hif, and was cndeavooriug to provide the other 

•ndit is further 



A. D. 1752. [222 

proved, not only by verbal, but also by written 
evidence, which cannot lie, that his intention 
was to proceed in a legal way, by taking a 
protest agfaiust Glcnurc upon the term-day, in 
case he slioiihl attempt to put his removing in 
execution. This is dearly proved by the pan- 
nel's letter to Charles Stewart, the notary, 
dated the 14th of May, being that very day on 
which Glenure uas murdered: which letter 
ought to have the greater weight, as it is not 
produced by the panncl/but by the prosecutors, 
the same havinj;^ heen recovered by them out 
of Charles Stewait's hands. 

In this letter (tvhich greatly deserves your 
attention) the pannel u rites to Charles ^)te wart. 
That, by the negligence of his servant, be had 
been disappointed of the notary he first intend- 
ed, *' which he reckons a very great misfor- 
tune." And then the letter concludes in these 
words: ** The uext best thing I can think of 
is, that you be here this night, without fail, if 
you should hire a horse ; as every thing roust 
go wrong, without a person can act, and that I 
can trust. This is such a tie upon all the 
members of our family, that I'll press you no 
further, but do depend on seeing you once this 
night." 

it is indeed true, that this letter does not 
particularly mention that the pannel's intention 
was to take a protest afifainst Glenure; but 
then, this is fully explaineil by the depositions 
of the witnesses, particularly hy the oath of 
Charles Stewart, who fle|)Ofie8, '*' That he re* 
ceived a second letter from the pannel, of date 
the 14th of May, dosiring him to attend the 
next day at the ejection ; hut he declined the 
same, oecause he did not care to disoblige 
Glenure." 

This is further confirmed by the oath of 
John Beg Maccoll, the person who carried the 
letter, who deposes, ** That, upon Thursday 
the 14th of May last, the pannel gave a letter 
to the deponent, to be delivered to Charles 
Stewart, notary public at Mary burgh ; and 
tuld the deponent, that the letter was to make 
or cause Charles Stewart come to the country 
of Appin to protest against Glenure, in case 
he had not a sufficient warrant to remove the 
tenants of AnIshicI : that the pannel destretl 
the deponent to make all possible dispatch, 
and desire John Breck Maccombie at Kin- 
talline, and J jhn More Maccoll, servant to the 
pannel, who was then at Kintalline, to ferry 
the deponent, from Kintalline to Onicli, being 
much shorter than the ferry of Ballachelisb : 
that he sat oot from Aucnam about 7 or 8 
o'clock in the morning, and made all the dis- 
patch he conld to Fort William, where he ar- 
rived about twelve o'clock. Deposes, that, 
when he came to Fort William, he delivercil 
the letter he got from the pannel to William 
Stewart, merchant in Maryburgh, who told 
him that Charles Stewart the notary, was not 
at home, he having gone to the braes of 
Lochabrr in the morning ; and told the depo- 
nent, that he, the said William, had wrote to 
the pannel in the morning, and that there was 



82S] 



25 GEORGE II. 



Trial ofjMmet SieoMrf^ 



[S24 



R notary along with Glenure, who would aer? e 
the pannel, as well as Glenure.*' 

And it is further proved, that the panncl had 
gone so far as to provide proper witnesses to 
be present at taking that protest, as appears 
■from tlie deposition of John Stewart younger 
of fiallachelish, who deposes, *< That, in the 
time of the spring circuit in this place, in 
May last, he was summoned to be of the jury ; 
but, at the earnest request of the pannel, that 
lie, the deponent, should be present with a no- 
tary at the removing of the tenants Imro the 
estate of Ardbhiel, he was going on that er- 
rand, to the pannel's house ; but returned to 
Appin, upon hearing of the murder of Gleunre 
4;ommitled that day. 

And this observation, that the pannel had at 
this time no thoughts of the execrable munter 
of uhich he is now accused, is further confirm- 
ed from William Stewart's letter tp the pannel, 
dated the same 14lh of May, recovered by the 
prosecutors from out of the pannersreimsito- 
ries, which concludes in the following wonls : 
<' I find Glenure has a mind to eject the te- 
nants ; hut they ought to be deaf to it, and, at 
all risks, keep possession, as they are in good 
hands, as it must end in the exchequer; so that 
I beg they keep possession : as there will be 
no troops, they ought to repel force by force, 
anil take their hazard of the consequences ; as 
it can be no more than violent profits, which is 
often modified in inferior courts, besides the 
•«s(chrquer, who will insist for no such : their 
chief design beiuff to have a sett of peaceable 
tenantry, and a well-paid rent : ao that the peo- 
ple might to be assured they will he supported 
as far as law will, which, do doubt, must de- 
termine in their favours." 

From the depositions of these witnesses, 
joined with the letters which have been read 
in your presence, it is incontestably proved, 
that the plan concerted between the pannel 
and his friends went no further, than to take a 
protest against Glenure, in case he should at- 
tempt to execute bis warrant of ejection against 
the tenants ; or, at furthest, that the tenants 
should continue iu possession iiotwithstandiiicr 
the warrant, ami run the risk of violent profits. 
And it is of great importance in the present 
•rgnment, that these two letters are dated upon 
the morning of that very day op which the 
nurder happened ; a circomMance utterly in- 
consistent with the libel, uhich has no other 
footing to stand upon than this, That the pan- 
Del dad Allan Brack hud concerted the murder 
previous to the time when Allan Breck changed 
his clothes, which, os has been already observ- 
ed, was four days before the murder. 

Amidst such glarin{;impn>habiliiies, it wouUI 
require the stroniufest evidence to convict the 
pannel. And this leads uic to consider the 
several facts, according to the order in which 
they are laid in the indictment. 

And the first thing char|i;ed in the IiIm-I is, 
ibat the pannel had conceived an uiijnsr re 
■CDtmeot against the defunct, for three diflfer- 
ist, Bmmmo he had accepted the 



factory of the estate of Ardifaiel ; Sndljrt Be- 
cause he had removed htm froiD the hurm of 
Glenduror; and 3dly, Because that, in the 
month of April 1752, he had takeo measures 
fur removing oertain other persons, who were 
tenants and possessors of that estate. 

The first is clearly disproved by letters and 
discharges under the hand of the deceased, 
which have been read in your presence ; and 
from which it appear/;, that, for several years 
after the date of the factory, the deceased and 
the pannel were in perfect good terms ; and 
that Glenure had such confidence in Ihe.paa- 
uel, that he had employed him to uplift the 
rents from tlie other tenants. 

The second ground for resentment is dis- 
proved by the oath of Alexander Stewart of In- 
nernahvle, who deposes, " That the tioM 
when I lie pannel removed from Gleaduror, he 
told the deponent, that he had had a meeting 
with Ballieveolan, and that there was a com- 
promise betwixt them : that he did not hear of 
any warning, but that be removed voluntarily." 

And therefore the only ground of resent- 
ment which remains, is, that the defunct bad 
taken measures for removing some of the other 
tenants of the estate, as at the term of Whit- 
sunday last : and though it may be true, that 
the pannel has, upon different occasions, con- 
plaine<l, in strong terms, of the hardship of re- 
moving these tenants ; yet it is impossible Is 
believe, that so trifling a cause of resentment 
could have so strong an effect, as lo push on 
the pannel to tlie barbarous murder of which 
he is now accused ; more especially, when it 
is considered, that he is noways related to any 
of these tenants, and that none of them are so 
much as of the same name. 

The prosecutor has been pleased to lay great 
stress upon certaiu foolish expressions alleged 
to have been used by the panuel upon tlie sub- 
ject of these removmgs. 

It must occur to every mau, how extremcij 
dangerous a proof of this kind is : there are 
very ^e^ witnesses who can repeat exactly the 
particulars of any conversation, and still fewer 
who e^n recollect these particulars at any dis* 
tancc of time. In such cases, much may de- 
pend upon the tone of vdice, or (gesture of the 
person who speaks ; and the variation of a cir- 
cumstance may alter the meaning of the Hhole 
expression. 

Besides, there is an obvious disadvantage 
which this pauoel labours under, and of whi», 
in the present case, he hai no small reason to 
complain ; which is, that the particular ex- 
pressions charged against him are nut taken 
into the libel, neither are the circumstances of 
time and place mentitined ; by which the iianf 
nel is deprived of the op|K)rtunity he OMflrlit to 
have had ot bringin*^ a contrary proof, if 
the paiticular expressions were kn<»wu tolttc 
pnisecutur, it was hut just that iliev sbeold 
have been taken into the libel ; and, uu tha 
other hand, if they were not knawu, no aoch 
thing ouyht to have been at all mentioned. 

And indeed, with regard to some of tha as- 



Jw Murdit. 

•t b lm|ioflftUite io believe, itiiit Die 
I9»d ibe words d<»pr,<ied to bv ibe wit- 
Thas, in particular, tbe slnmi^est ex- 
I is Uiil fSep«i«pil \f\ hy Jdtiti >hcc4»ll 
VI ho dtfpiMefi, ** That, ftbtnit u%o 
I agov be beard the fannel say, that he 
I ffpeod ft ib»t Mtt Ctti'tiure, though he 
v«m «• bb ku€e« to lb«> «%tiit)o\y to tire U.'* 
B«l M ibb etiifesjiion ia nnly deposed to by 
•, who 4e«>m« 1(1 liaTe becD abiin< 



It fbrvrnnl in ^^ '< ti^ftinst the piinnel; 
« (t yctf^ly ini i4t, lit tbe time de- 

^■{#4 111 ' ^ i , in(;(ian[iel woubl hare 

iiHjthi -■$ it is deady pro veil, 

bjf ibe drpx^ujuu^ «H ihe oiher M'iint*;i«(fs, tbut 
l&t 4«i:ea9t^ ftnd the pdniKl were then in sitrict 
pil»br|i lOfffther ; nnil thitt at that thne the 
iBit4 bia iuch conHdiiice in the pamiel, 
be was Ibeti eDiptoying hiin as sub'tselor 



ba rery Icdtous*, aiKl is iinueoes- 
tv tnalce jHirticular ohscrvaiions 
expre&9iun» dt'posed to by the 
e&; at (he same time it is 
k tor roe to recollect ihein, as 1 
ipfMirtODity to know them, till they 
p*ed to by tbe witnesses Ihrmsehes* 
It 10 aiiiMrtifint f«ir me, in gftieral, to nbserve. 



- • It i» r«^fe«enieil in Ibe ' Sapplemrnr/ thnt 

mmmm lArtol thi^ nrfirunient (p. 'iCiO, hne 15 

if iIm report of the trial rctVnetl to in the 

*S«fifi|rciieiil)* Mr. Brown ui*!* internipterl by 

INaMBia CattipMt of 8(juih«Hu(t« imi* f\\' the 

pTf^ wbo iaid aloud to liim, '* Pr,iy Sir, cut 

iboft; we have enoiif^h of vi, and en? ipiite 

limli tbr irtnt huvirig l^ited loti^:^* iipDU 

aiidi ibr author of the Supplement remarks : 

* Ita mifirtefMlenteit rxclHuiatory iiilrrruptidn 

iMMOetMl Mr. Brown, shocked \\\e an- 

ftitcc,amJ itbo^ed plainly the $icttkd minds 

<C •••afrtlki. It is very triu% that the trial 

M li««d 1410^. But who were tht^y that 

iMkftnl it BO much? Surely not the pan- 

m% bwyera and witnes^ies: lor the depofii- 

imiif tba iviiiiesfps tor ttte priiseeiitom lake 

^t09 pftK^* whricni those for the pannel 

l||| fl l^l^i and th^ Lord Advocate's* speech 

H ^ jcry ftfainst the rmiinel, tills up 78 

Mn| but that of' l^ir. Drown for him, only 

U*. s^lliftl in this lonif diet of the court, nine 

)nr» al l€»«t of tbe time suent was employed 

Utbe fiioa«:utoni for one botir i>y the pannej. 

mm hitli reascm theo had South^hall to be- 

icra «o bbomaoely, and do a thing, that, 1 

mm taidi nrref happened before in a court of 

jfKtket • f >nc or two mora oj the jury spoKe on 

ibii c3CU«(0rdiiiary oeeanjon ; but wnether se* 

«ftiiiii|^or mfifmng South-halt's motion^ was 

aai Ikefi 4iilioet)j naanl hy many, ft seems 

U W afretd iqpoo ttow, ihst it was to desire 

iff. Brwiiii to prnc!*'* rl ; which lie did, after 

ilHnaiiiy bi for having been thus 

litttTUplutt ; chrtk that behoreiMo 

a^ I make him forget 

^ ( j^ that he would 

aiL V ilvtie/* 

\ , 



A. D. 1752, 

tluit some of tbeoj may bear an innocent mean 
ing"; that others of them appear to have heeij 
uttered when the pan net wus in drink ; and 
iliAt none of them ure so strong, as that de 
pOKed to by tlie bouman* which h>is been %{m 
ready answered. 

And though it sbonhl be admitted, that tha 
pauiiel had, upon dilTerent occasions:, ejcpre!sse<0 
iumself foolishly in terms which implied re- I 
sexitment against the defunct; yet this, by it- J 
self, is by no means sufficient to piore, that th«,f 
pannel was accessary to the murder which af- 
terwards happened. 

And here I have only to appeal to your ownl 
hearts, and ask^ bow often you have heard re*,| 
sentful expressions thrown out iu conversation^] 
where you were yourselves conscious, that no-, I 
thing was seriously inteniled ; and though it 1 
may be true, that such expressions may Server,] 
as a weight in the scale, with other circum**] 
sunces, to convict the paaoel ; yet this holdft, 
only where these tHber circumstances caonol i 
naturally admit of an innocent construction,, I 
but can never apply to the present case, wlk^rr, , 
I am hopeful, I shall be able to shew, that ttia 
other citcum:)tances provetl against the panuii j 
have no shadow of relevancy in theni« ' 

At the same time, it is a circumstance of | 
some weiirht in the present case, to take off the 
etfect of these expressions, that it is not pre- 
tended, thai the murder was comniiUed by the 
paune)^ on the contrary, the libd >4els forlh^ 
thut the murder was committed hy tbe hands 
of Allan Breck: and however it may be true, , 
that expressions importing resentment, proved \ 
against the panue), may go hi to presume 
guilt, where none other fs coodesceuded on as < 
the actor and perpetrator of the murder ; yet 
that will noways apply to the present case, 
where the very libel, upon vihich the pannel is 
nccueiei], sets forth, that the murder was not 
commilled by the pannel, but by another. 

The second fact charged in tlie libef, it 
fnunded oo a concert supposed to have been 
entered into betwixt the pannel and Allan 
Breck, upon Mtmday the 11th of (^lay ; tri 
ronsei^ueoce of uhich concert, it is alleged, th« 
murder happened. But as the prosecutor baa 
brought no evidence of any such concert, oc 
lliat AIIru Breck and the pannel had any con- 
ference whatever upon the subject that day ; 
sr> it is proved, as strongly as the uature of llie 
tiling can admit of, by the prosecutors owa 
witnesses, that do such thing could possibly 
have lieen concerted that day. The sum ot* 
the evidence relative to this matter, Is, that 
Allan Breck came to the nnnnel upon Monday 
the 1 1 ill about mid-day, the panuel t»eing theit 
sitting in a 5eld of potatoes, Jii compauv wtlti 
three of his servants : that, alter they had sit 
lor a quarter of an botir together, a meMiage 
cat»e from iMr. Campbell of Airds, desirinip 
the pannel to come to him at Keil, which ti 
about two tDiles distant from the pannuPft 
house: thai, in consequences of this loesaage, 
he immediatelv went tp Keil, leaiing Albn 
Breck with his serraiiU; that b« naoainad 



S»7] 



25 GEORGE 11. 



Trial of James Siewifif 



tSS8 



il^itb Airds all that afternooD, and did not r&- 
tuni to bis own house till late at night, the fa- 
mily being then at supper, andsereral strangers 
alonff wiui them : that the pannel and Allan 
Breck bad no conversation together in private 
that night : that they slept in separate places, 
and that the pannel had left his house next 
morninff, before Allan Breck ffot out of bed. 

As this is a very roateriaicircumstance, in 
respect it is admitted upon all hands, that this 
was the only occasion the pannel and Allan 
Breck had of conversiniB^ together, between 
Glennre's return from Edinbnrffb, upon Satur- 
day the 9th, and the murder, which happened 
upon the Thursday thereafter, I must beg 
leave to resume, particularly, the evidence on 
this head. 

John More Maccoll deposes, " That, upon 
Monday the lUh of May last, he saw Allan 
Breck come to Aucham, dresseil in his lonff 
clothes, and came directly where the pannel, 
Allan his son, John Beg Maccoll, and the de- 
ponent were covering potatoes: that, when 
Allan came up, they were resting themselves, 
and sitting by one another : that Allan Breck 
flat with them ; and all the conversation the 
deponent observed, consisted in some questions 
about the welfare of the people of Glencrearan ; 
and that he did not observe tne pannel have any 
private conversation with the said Allan Breck ; 
for that, a very little'time after Allan Brock's 
arrival, the pannel had a message to meet Mr. 
Campbell of Airds at Keil ; and that this hap- 
pened after mid-day : that the pannel imme- 
diately, upon receiving the above message, 
went away, in order to meet Airds ; and that 
nobody went along with the pannel, Allan 
Breck having stayed with them." 

John Beg Maccoll deposes, '* That when 
Allan Breck came, upon the 11th of May last, 
to Aiicharn, the pannel was seeing the depo- 
nent, John More Maccoll, and Dougal Mac- 
coll, working at potatoes ; and that Allan 
Stewart, the pannel s son, was likewise there : 
that, when Allan Breck came, they were all 
sitting together ; and that he seated himself by 
the pannel, and had some conversation in Eng- 
lish, which the deponent does not understand. 
Deposes, that Charles Stewart, son to the 
pannel, and -— Stewart, daughter to Fasna- 
doich, came to Aucham from Fasnacloich a 
little after the said Allan Breck." And further 
deposes, " That when Allan Breck came back, 
upon Monday the 11th of May last, to the 
place where the paunel, deponent, and others, 
were covering potatoes, as above, they had sit 
together but fur about a quarter of an hour, 
when the deponent went to work at potatoes at 
a greater distance; and before he went away, 
heard a message had come for his master to 
meet Airds at Keil, and heard his master 
speak of p:oing there ; but when he went, or 
who went along u iih him, the deponent does 
not knoiv : that tlie deponent continued work- 
ing at the potutoea till the evenmg, and the 
pannel was not come home when be came from 
kia work : that the pannel cane home at bed- 



time, accompanied with John More MaciK- 
chattan, who lay with the deponent thai 
night." 

Dougal Maccoll depones, '* That when the 
deponent came home from the wood, upon 
Monday the 11th of May last, the paniid was 
not at home, and the deponent was told, he was 
gone to Keil, to meet the laird of Airdi ; and 
that the deponent had gone to bed before th« 
pannel came home that night ; and that early 
upon Tuesday morning, when the deponent 
sot up, he saw the pannel without, who toM 
him, that he was going to Appin's house; and 
that, to the deponent's Icnowledge, Allan Brecki 
or the pannel's sons, were net then up : that he 
saw the pannel go towarda Lettershonay where 
Appin lives. Deposes, that Allan Brack left 
Aucbarn before the pannel returned from Lel- 
tersbnna." 

Katharine Maccoll deposes, " That the pan- 
nel went in ttTc afternoon of the day (vie. 11th 
May) to Keils, to meet Mr. Campbell of Airda ; 
and that it was late at night before he canae 
home; but that the family had not rapped 
when the pannel came home; and that the 
mumel supped in company with Allan Biedc 
Stewart, Fasnacloich's daughter, and AroU- 
bald Cameron, nephew to Fasnacloich^ end the 
pannel's family." 

Archibald Cameron deposes, *' That, upon 
Monday the 1 1th of May last, the deponeet 
came from Fasnacloich's house to the pjuioel^ 
house, after mid- day: that, some little tine 
after he came there, he saw Allan Breck 
Stewart: that the pannel was not at bone 
when the deponent came first there, but cane 
home before night- fall: that the depoDcnl, 
pannel, Allan Brack, and the family, sat in one 
room, and supped together : that he did not ob- 
serve Allan Breck and the pannel speak in 
private that night: that the deponent and 
Allan Stewart, the pannel's son, lay in one beds 
and Allan Breck and Charles Stewart, son to the 
pannel, in another bed in the same bam : that, 
to the best of bis remembrance, they all went 
to bed much about one time, and got up toge- 
ther next morning : that the deponent did net 
observe the pannel about the bouse next i 
ing when he got up." 

And the depositions of these witne 
corroborated by Donald Campbell of AinK 
who deposes, " That, upon Monday the 11th 
' of May last, the deponent sent to the panneli 
desiring him to come to him at Keils, a hrm 
belongmg to the deponent, at about a mile's 
distance from the paniiePs house: that fbe 
pannel accordingly came there to him that 
afUrnoon, as soon as he expected him : that 
the deponent's business with him was for bis 
assistance in setting that farm : that the farm 
was accordingly set, and the pannel himself 
took part of it, and conducted the deponent e 
part of his way home, and then they parted : 
that, before parting, he desired the pannel togo 
next morning to Appin's house : that the pan- 
nel accordingly diil so, and the deponent wd n 
letter from him from that place." 



JuY Miirden 

wlial Tiaa betn said, therefore, it ap* 

Eifti the prdseciilor lias iiol only nut 

L llttt opoo the 1 tth of May there was 

*~|f oOiicefied wtih regard to the murder 

the paontfl and Allan Breck, hut, on 

CMilfUi, it in proTedf a» strongly an the 

are«C tJie thinf can admit of, that no such 

or couU he concerted betwixt I hem 

I ftnd \{ this is oace estahh^hed, it 

llie fo«ii»dation upon tvhich the wlmle 

; as it ii not pretended, that the pan- 

I Alhui Brick hati ever any other opuor- 

•f eooirerainii^ lui^ether, helwjjtt Ule- 

from Edinburgh and the time of 

Tbe ikini article charged tu the indictnoent 
I n^ TMi, IB iwrauaocc of the concert entered 
\ Wfoti^ Ibe 1 1th of Mav, the pannel had fur* 
fireek with a suit of hiti own 



A.D. 17552. 



[S30 



I oHer to serve aa a diagui^, that he 
I W ntthled to commit the crime with the 

aalclj. 
t Miilw irst place, it must occur to t'ftty 
I vbokian me^ that this is a mostimproba- 
'p| ^ if it had been intended that Allan 



hsM be di^ui^eej at the time of com- 

lb« Gime, it is impossible it could he 

Vf ialcnikii, that lie should be disguised 

mt bdoogiog to the pannel ; for^ how- 

ifaw m^l bare sen ed for a disguise to 

Br«dE« il might aerie eaually for a point 

* — *^ "painai the pannel : aud therefore 

rie potsitioii can ijfain credit with 

aotesei it shall first he supposed, that 

ia not only the most wicked, but also 

_ fooliah aiuoti^' men f which will not 

^«Mily er»4iied by you» ^^ ho haTe been wii- 

avKilo ibc idccent appearance he has made at 

iiitraL 

94f » k» tb« story ia improbable, so it is 

liiMitittA of all foundation io truth ; for 

red b^ any of the witnesses, that 

ftaroiaheu or gave the cloihes to 

he 
put on a suit 
bckmgiag to the pannel, or his 
Ibi Alooday before tike murder ; yet 
dvmb be ri4icoWia Io nay^ that a party could 
ktiiifiqlaBl u aoccssary to a murder, because 
te tb» iDianlerrr had on bis clothes at the 
tei ivh«B Uie crime was commiiteii. 
Aod,hwt1y, upon this head, the circumstance 



idl : and though it is proved^ that 
bia French clothes, and i)ut on a s 



iffbuiguig the clotbaa has been fully account* 
illk m ibe foroitr part of the argument ^ and 
■ il bflp l««o efearly prOTetl, that Allan 
hmk bail bico foroaarly iq use of 
tea tatjr dolbea, tlie accideot of hii 
IMb •■ ad the time when the murder ¥ 



and 
Allan 
wearing 
II haviug 
was com- 
ba? a DO weight against the pannel. 
Tbf fowili article cbarc^ed in the libpl is, 
IWltii|iooj^«iDoniiiiff of tbat day upon which 
lbt»ytteMiaiuK!Pi^ tbe pannel had st'ut John 
iob« A aervanl of bia owti, to Fort- 
bi ^f4tsf Io watch, and gire intelli* 
mmm tbe niotioni of the deceased ; 
i£09 bats b«cii takes to prore this 



Bnt^ tinluckily for the prosecutor, this fact 
happens to be contradictetl by every part of tha 
evidence. 

In the Brit place, it appears, from the oath of 
John Beg Maccombich, ** That it was known 
over the whole country, that Glenure was to 
have been that evening ai Kintaltine, which 
lies on this side the ferry of Ballachelish ;'* 
and therefore, if the pannePs intention had 
been to watch Glenure*s motions, it is natural 
to ask, what good reason there could be to 
order his servant to cross the ferry, and go on 
to Fort-VVilliam, when, by waiting at the ferry, 
be was an re to get inteUigence of Glenure*9 
motions? 

2dly, The fact is contradicted by the depoii* 
tions of Fergus Kennedy and John Mackenzie, 
two witnesses also adduced for tbe prosecutor, 
who concur in deposing, *^ That John MaccoU 
met Glenure and his company in their way 
southward, about three miles from Fort-Wil- 
liam.'^ — 1/ his errand had been to watch and 
give intelligence concerning G!eniire*s motions, 
he would have certainly returned immediately, 
and have given iotelhgeoce accordingly. But, 
instead of this, it appears, from the depositions 
of these witnesses, compared with the oaths of 
William Stewart and his wife, that John Mac- 
coll did not return, but went on toForl^William ; 
which is utterly mconsistcnt with what tbe 
pruf^K!Utor supposes. 

And lastly^ this circumstance is flatly con- 
tradicted by theoathof John Beg Maccofl him* 
self, who expressly deposes, ^* That, when he 
went to Fort-WilUam with the above letter io 
Charles Stewart, the notary, he had no orders 
from bis master to em|uire after the motions of 
Glenure, or to acciuaint nny bmly thereof; but 
had been sent to Fort-Wttham, iu order to bring 
a notary from ihence, to take a protest against 
Glenure upon the day foltowiog :'^ and as that 



part of his evidence is confirmed by the n&u- 
nel's letter to Charles Stewart, produced by 
the prosecutor ; so the remarkable haste with 



which John Beg Maccoll went to and returned 
from Fort- William, clearly shews, that it wfta 
no sham errand, but that the pannel's real in* 
tention was to proceed in a l^^l way, by 
taking a protest against Glenure, in case be 
should attempt to execute the ejection. 

The next circumstance chained in the ]il>el 
ia, That when John Mackenzie informed the 
pannel of the murder, he appeared no waya 
coocernetl nor surprised ; and that neither he, 
nor his family, went to look afier the dead 
body. 

But as this circomstanoe is extremely tnflingi 
so the first part of it is clearly disproved by 
the osth of John I^Iackenzie, Gfenurc^s servant, 
who deposes, *' That immediately atler the 
murder, he went to Jameti Stewart's hou5« iu 
Duror; and James seeing him weeping, ask e<l 
what the matter was ? and the deponent told 
him, his master was kilted i whereuiHin Jamea 
Stewart aaked him, by wbom» and how it waa 
doueP To which be, tbe depooHit aniwere4» 
tbat be did not know by wboin £ amt belieroit 



231] 25 GEORGE 11. 

It to be a shot from a gran or pistol.*' And 
further deposes, ** That when he satr the pan- 
nel at his house in Aucharn, as aforesaid, the 
pann^l H-riinj; his hands, expressed great con- 
cern at what had happened, as what mij^ht 
bring inn«»ccnt people ti» trouble, and prayed 
that innocent people might not be brought to 
trouble." And, to the same purpose, the said 
John Beg Maccoll deposes, '* That, when John 
Mackenzie informed the pannel of the murder, 
he said, It was a dreadful accident, and he 
was afraid it might bring trouble on the 
country ; and appeared sorry tor what bad 
happened.*' 

It is indeed trne, that the same witness 
has deposed, ** That neither the pannel, nor any 
of his family, went near the dead body :" but 
as this IS a circumstance of no manner of 
weiglit ; so the witness has accounted for it in 
a Tery natural way, viz. That as the deceased 
and the ]>aimel had not been in good terms 
together, the pannel did not chnse to go to the 
place where the hotly lay ; and more espe- 
cially as he knew that some of those who were 
to meet Gleoure had arms, and it was impossible 
to know /what unreasonable lengths their re- 
sentment might carry them : at any rate, it 
shews bow much the prosecutors are pinched 
in point of argument, when they are obliged to 
found upon it, as a circumstance agpiinst the 
pannel, that he did not go from his own house, 
which is about two miles distant from the place 
where the murder was committed, merely to 
assist at the funeral of a person to whom be was 
DO-way related. 

Theftfth article charged in the libel is,ThA, 
tipon the second day atUr the murder, the 
pannel had sent five guineas by the nackman to 
Allan Breck, in order to enable bim to make 
bis escape. As to which, gentlemen, I do ad- 
mit, that, if at this time the pannel had been in 
theknowlc<lge that Allan Breck was the mur- 
derer of Glenure, his furnishing him with mo- 
ne^ in order to enable him to mako his escape, 
might have been considered as an offence de- 
serving punishment. At the same time, how- 
ever wrong this would have been, it might have 
admitted of an excuse, from the connexion and 
relation which the pannel had to Allan Breck. 
And it is now proved, by the concurring testimo- 
nies of two witnesses, that the pannel had been 
left his tutor ; and therefore it is much doubt- 
ed, how far the pannel's sending money to Al- 
lan Rreck, though be had known him to be the 
murderer, would have been punishable. 

But however the law might have stood upon 
that supposition, it will not apply to the present 
case. The pannel denies he knew any thing 
of Breck's being the murderer : and as he was 
well acquainted with bis particular circum- 
stances, of which he has now brought full evi- 
dence, by the concurring testimonies of many 
witnesses, that he bad been first a deserter, next 
a rebel, and was then in the French service ; 1 
conceive it was noways criaiiiial in the pannel 
to advance this trifling sam, in order to eoa- 
JMf bim to make hit ctcape : h wu ddng no 



Trial of James Stewart^ 



[sse 



more than what any good-natured man would 
have done to his friend in the like circum- 
stances : and hard will be the case of the pan- 
nel, if he should be condemned merely fordoing 
a good-natured deed, which had nothmg crimi- 
nal in it ; more especially as he had reason to 
believe the message which was sent him from 
Allan Breck, importing, that he had no acces* 
sion to the murder, but judged it prudent for 
him to leave the country, in respect of his par- 
ticular circumstances, explained as above. 

And inileed bis majesty's advocate does not 
seem to lay much stress upon this cnrcimistance 
by itself: but then be has attempted to rear up 
certain arguments, tending to shew that the 
sending of this money must have been in con- 
sequence of a previous concert with Breck. 
And, in the first place, it has been said, that the 
pannel could not have known to have sent the 
money to Roalisnacoan, if it had not been ia 
consequence of such previous concert. 

But, with submission, there is a very satisfy- 
ing answer to this objection, viz. That upon too 
day after the murder, the pannel had received 
a message from Allan Breck, informing hhil 
where he was, and desiring him to send whit 
money he could spare, to enable him to make 
his escape. This is distinctly proved by the 
concurring testimonies of no less than four wit* 
nesses, whose depositions, as they connect with 
one another, fall now to be attentively con- 
sidered. 

Katharine Macinnes deposes, <' That, in the 
eveninc^ofthe Uth of May last, the dq[NmeBt 
saw Allan Breck Stewart at a goat4ioiue in the 
moor of Ballachelish, afler Glenure was killed : 
that Allan Breck then asked her, what was.tbe 
occasion of tlit-^ stir in the town ? and that aho 
told him, Glenure was murdered : and farther 
asked her, who might have committed the 
murder? and that she told him, she did nol 
know : and that the said Allan further deairid 
the deponent to tell Donald Stewart in Balla- 
chelish to go to the pannel, and desire him It 
send the said Allan money : and that she d^ 
livered this message to Donald Stewart that 
same night ; and that she told the said DooaM 
Stewart where she saw Allan Breck." 

And Donald Stewart, the next witnest, d^ 
poses, <' That, upon the evening of Thursday 
the 14th of May last, about night-fall, Katba* 
rine Macinnes came to the deponent, and toM 
him, that one without wanted to speak to himi 
that this message came to him in Balhicheliih^ 
own house : that, when he went out, the nid 
Katharine Macinnes told him, that it was Allan 
Breck that wanted him, and that be was a little 
above the house in the brae : that the dtponeol 
went up to the brae, and met Allan Brew^ who 
was then dressed in a great coat, and a dark 
short coat under it, with white metal buttom: 
the deponent told him of the marder, and said, 
it could not be but that he, Allan Breck, wap 
about it : to which Allan Breck answered, that 
he had heard of the marder, bat had no hand 
in it : to which the deponent reptU, he ihi 
■ot bdiefe bim: that the aaid AU«n "^ 



I SB] 



Jiif Murder, 

I lo!d the Jcponent, he was going iniine- 

lA Itavc tlie kirr^doin, was very scarce 

: tUeii for KoaUijuacoani 

It to acquaint ihe pannel^ 

m mtiW to koalisndooan, aud desire 

IfmmWe to aenU hitn money there ; aoil 

nrtit ihtfti promised to acqunuit J.imes 

of Ib^ abore mci^satre : that Allan 

he bcUef4'd lie would be siispecteil 

If tbe Munier -, and upon tliat accouiili and an 

bt WM» a dtf*L'rter Jurmeily from the arniy^ it 

vaa iMremry for hiftt to lejixt the khi^dum : 

aft**- '••- 'uiTersation wiib the paunel 

re, he Uelif ered the above 

Cc 1,^1^ .x.aii Breck to the pannel j and 

bi»el did tiot say whether or Qot he 

I IIm" iDoney ; and this conversation 

about tpii o'clock in the t'oreooon of 

« t^tli of May last; and that there 

Fms ttiliiiljr |ittf»ent/* And further deposes, 

1 " Tb^V 9yon the deponent's delivering the 

r from AlUn lireck to the pannel, 

llie p«ftiict aalEtd why AUosi Breck himself did 

I Tity, if he wanted it? To 

I, to the best of his remem- 

rrjjiiL^i, lutii Allan Brtfck told him, he 

f hf 0ii<|ie€ted Ibr the murdpr, and was a 

'■ '* " jninoelunsweredi That 

1 4 reck was not guilty of 

- — uif the above coDversa- 

itb the ^nnel, Alexander fe^tewart^ Dun- 

•tfimcli» avid several other possessors 

" iruch, were in the adjoining field 

ban at such a distance, that the depo- 

^aumol llitok they could hear the above 

I Uir depositions of these two wituesse<?, 
I c^tttkfct exucily toqctlier, it is disfinctly 

Ci'm what ttmniier the: pannel came to the 
lerfff^ of the pface where Allan Breck 
|MMi)ietr deposition*) are further supported 
•tiioo of John Stewart yoimger of 

sb, who deposes, *' That, the day 

Ari^ munler^ the deponeot wa» a* the pan- 
■it> ^» f , who, alter twelve oVIofk of the 
4rf, My Ibe depiriHif, that he had a messajfe 
nk BMmiiog from Allan Breck by Donald 
INiwt, U» aend hint money ; but does not re- 
■mfor wlieihtr the uanuel told him the place 
«4«« br was Hifccted to ^letid it ; and the pan* 
lal laid liic drpotieot, that he was resolved to 
M«l bin Qioiiey." 

A#d «ko by the depoattion of Alexander 
4k«ifi in AiichindatTi»ch, who deposes, 
L^fbai, loibe best of him knowledge, be saw 
I9l9win tu Ballarhf'lixh and the pannel 
, np9ti the «iar« lii*t* between Aueham 
biiMlfl rr^^v "• ''*» trioruin(i of the 15tb 

I Mid un^elf un*f at the time 
grOQiiu . ..ii' other tenants of the 

i leftme^ gfiitteutan on the other side has 

f^Wiaed t^ (ixctpt n^niiiiit thin part of the 

llkat ibr two uiittcr»at witnesses are 

I with thr fatoiiy of Ballacheli«h ; 

m of tlie facU, they are single 

I I ii4 UiM iiiey do out entirely agree 



A, D. 1752. [»SI 

a£ to the Import of the message sent to Doiuilit 
Stewart by Allan Breck. 

J must acknowledge, I am under no amatl 
difiicuTty to tind out any foundation for the first 
part of the objection. U is neither pretendett 
nor proved, that Halfachelish is at all related to 
ihe pannel ; and as it cannot be said that any 
valid objection could have been made againiit 
Batlachelish himself, if he had been produced 
as a witness for the paonel, far less does any 
objection lie aq^ainst the son-in-law or servant 
<d Ballachclish, ujion account of his betnj^ in 
the interest of the pannel, of whicb» howevet, 
of> sort of evidence has been brought. And as 
to the second part of the objection, that there 
are not two witnesies concurring* a« to the 
wliole of the facts relative to the message sent 
by Allan Breck to Donald Stewart ; — the 
learned gentleman would do well to observe, 
bow much of his own proof is founded only 
upon siagle testimony ; anil then let biiu shew 
cause, why his packman ond bouman, though 
siogle wlfnesseS} should be credited^ and the 
like indulgence should not be given to the 
pannel. 

At the sarae time it must be ob«erTed» that 
the two witnesses who have deposed with re- 
gard to this message, are not single ; they con- 
cur as to the material part, that Allan Breck 
had sent a message to the pannel, desiring him 
to send him a present supply : and though the 
two witnesses differ with regard (o the precise 
words used by the maid in delivering Allan 
Breck's message to Donald Stewart ; yet, aa 
they agree in every material ctrcujnstance, no 
regard ought to be had to IriHiog rariationa ; 
and it is believed the gentleman on the other 
side will admit, that the objection would hare 
been full as stron^f (if not stronger,) if the twa 
witnesses had both used the same words. 

And lastly. As to the obfterration that tbe 
witnesses differ among tbemselves, as to the 
precise hour when the packman arrived at 
Fort %Villiam, and demanded the money trom 
Williaoa Stewart, it is noways surprising, that, 
at so great a distance of time, wituesses should 
not be altogether exact as to hours and minutes. 
What appears most probable is, that William 
Btewart and his wife have both mistaken the 
hour, as, from their oaths, neither of them 
seem to be positive with regard to that inatter : 
and Stewart the packman seems to hare been 
more attentive to thb particular, since he not 
only swears a.<i to the time when he received 
hit message from the pannel, which he says 
was about 12 at noon, but also as to the time 
when he delivered it to William Siewartp 
which » as the packman says, was early in Ihe 
evening : and as this agrees entirely with the 
account which Donald Stewart gives of the 
matter, when be says, •* That he dehvered 
Allan Breck*s message to the pannel about 10 
o'clock forenoon ;*' so it is plam there could be 
no concert betwixt these two, not only as Do- 
nald Stewart is above alt suspicion of that kind, 
but also as the packmau has been kept under 
cluse coafioemetit by Ihe piroMCUtori and bad 



235] 



25 G£ORGE IL 



'Trial of James Sietoartf 



[SS6 



no opportunity of coDTentn^r with Donald 
Stewart from the time of the murder till he 
was produced as a witness : and I cannot help 
thinking^, that it would sound strangely to say, 
that the prosecutors should be allowed to give 
credit to this packman where he swears fur 
them, and, at the same time, to reject his testi- 
mony where it happens to'make a^nst them. 

The prosecutor nas been pleased te-lav great 
stress upon the oath of John Breck Blaccull, 
bouman ; and in particular upon that part of it, 
where he says, that Allan Breck had desired 
him to go into Fort William with a letter to 
William Stewart, in case some money did not 
come to him before next morning ; and this, it 
has been said, agrees exactly with the mes- 
sage sent by the pannel to William Stewart, 
desiring him to give credit in S/. sterling to 
John Breck MaccoM, bouman in Koalisnacoan, 
in case he came to demand it ; and it is pre- 
tended, that this is a clear proof of a prirate 
concert betwixt the pannel and Allan Breck, 
settling the manner in which he was to be sup- 
plied with money. 

But as the whole of this argument is founded 
upon the oath of the bouman, deposing to a 
long romantic story, in which he is altogether 
nosupported, I am entitled in law to plead, that 
bis oath is not to be held as le^l evidence 
against the pannel ; more especially as it ap- 
pears, from what has been already said, that 
his evidence is disproved in one very material 
article, in which he deposes to a very strong 
expression, as applied bj^ the pannel against 
Glenure, at a time when it is proved they were 
in perfect friendship together. 

Sdly, The oath of the packman, relative to 
this article^ is as little to be relied on ; for, 
though he has now ileposed, that the pannel 
had desired him to tell William Stewart, not 
only to send him 5l. but also to give credit for 
the like sum to John Breck MaccoU in Koalis- 
nacoan, in case he came to demand it ; yet it is 
remarkable, that, in the libel, which it must be 
preaumed was taken from his own mouth, no 
mention is made of the 5/. for which credit wu 
to bNB given to the bouman ; and therefore this 
must nave been a new discovery made 1^ the 
packman since printing the libel. And it it 
further remarkable, that this part of the pack^ 
man's evidence is contradicted by the oath of 
William Stewart, who expreasly deposes, that, 
at the time when the packman delivered his 
message from the pannel, no mention was 
made of the name of Allan Breek ; and there- 
fore no argument can be drawn from any thing 
either the paoknan or bouman have said upon 
this matter. 

But, Stio, soppoaing all the bouman has said 
to be true, viz. That Allan Breck had desired 
him to carry a letter to William Stewart, it will 
■ot follow, that he and the pannel were under 
«ny previous concert relative to that matter; 
for as Allan Breck was aoqaaintcd with William 
Stewart, and as nearly related V> hin as he was 
lo the pannel, it was natural for fain to have 
to William Siewwt 10 aupply him ID 
1 



his necessity ; and therefore his doing so will 
not prove that it was done upon any prevMua 
concert with the pannel. From the commis- 
sion Allan Breck had given to Donald Stewart 
upon the Thursday evening, he had reason to 
expect that the pannel would have sent him a 
supply with the first opportunity ; and as that 
had not happened, it was natural for him to 
apply to William Stewart, who was his ae- 
quaintonce, and as nearly related to him as tha 
pannel. 

The learned gentleman has been pleased 
also to found upon the |>06tscript subjouied to 
the panuePs letter of the 14th of Mayt to 
Charles Stewart ; in which he desires, "That 
William^ may send immediately Si. aterliufi 
to pay lor four milk cows he had bought tor 
his use at Ardshiet :" from which it is inlemdi 
that, before the murder, the pannel was pr^ 
paring money to give Allan Breck, in order to 
enable him to m&e his escape. But as that 
letter and postscript do not mention the nana 
of Allan Breck, nor to what purpose the mooej 
was intended to be applied, the observation doep 
not deserve any answer ; though at the saiM 
time it clearly proves, that the most innoecBt 
circumstances have been laid hold of, ani 
reared up into argumente against the panncL . 

Thus it appears, that no argument can bt 
drawn from the droumstanoe of the papneTi 
sending money to Allan Breck ; as it is nal 
proved, that the pannel then knew that the 
murder had been committed by him-; and far 
less is it proved, that there had been any pn- 
vious concert betwixt them concerning tbf 
sending of that money before the murder wap 
committed. And indeed, gentlemen, it ap- 
pears to me, that the circumstonces which at- 
tended the sending of this money, and in parti- 
cohur the difficulty there was in obtaining il. 
cannot fail to convince every unprejudiced IM> 
son, that this horrid murder had not (eei 
committed in consequence of any previooa can* 
cert betwixt the pannel and Allan Breck ; for, 
if that had been the case, it is impossible to be- 
lieve, that the money would not have bean 
more early provided. It behoved to occur tp 
both parties, that money would be necaBsary to 
enable the murderer to make his escape ; u4 
as it clearly appears, that neither the one Mr 
the other wu in cash upon Monday the lltk^ . 
when the time and manner of committing thf 
murder is supposed to have been concerted, it 
is impossible, that this important matter of pm* 
viding the money would not have been instants 
ly set about, or that it would have been debiyei 
till the hour when the execrable act wai to bo 
committed. 

The learned gentleman has been plcoMf 
also to lay weight upon another cucumatanoa^ 
viz. That, some days after the murder, twp 
guns were found concealed near the panoePi 
house, one of them loaded, and the other OB? 
loaded : and it has been insinuated^ as if tho 

I unloaded gun wa^ that, wi|h whicl| AVob 
Breck committed tbo imirder. .. B«^ thia^SHir 
cttinataiioe ii raolly ao trifling, that it 



yiiT Murder, 

ftDSWir. ft is Wfilt known, 
. of Ibe coiiDlry where tfie pannel 
*~^ tbeDifirniingAci ; and lliere' 
lyu inrpmin^, tlmt the g'utis 
I atnj llmt orders were ^if cu lo 
iinr when it m»s rnreseeD, th»l 
I U> he ruftile by the military ; 
^ oftlie giinff wag unloaded, It is 
'. urim Agination, Troin th<!hce to 
^^JeDC«, I hit thifi WAS the gua 
amrder wis committed. 
iff from the oailis of John 
siigml MaccoHi, both witaesaet 
k tti« prn««culor, that the little gun, 
ifbuttil unhmded, was in such tdt- 
rnl Itie lime when the murder 
' tbftl if if impossilde it could hare 
the tiead of any morial to use 
ime supposed by tlie prosecutor. 
klldeoMes, «'That be, the depo- 
^ iU aoout guDs ; but heard Atlan 
I Stewart the pannePs 80n> eom- 
t ibst the guns were in bad 



A. D. 175S. 



[238 



I depose, ** That neither of 
f in ipood order ; that the targe or 
~" m u«e, when goitjgr to he 
al half* cock; and that the 
t in mm to ftiap or miss ftre : that 
a& old worn flint in it, and 
thi9 flint in the taid gun, 
m WM ia use to aee it sUnd at the end 
prnd 10 ahore; but did not obsrrre 
r il lUul m Hint or not, when he took it 
^tli« ffjriiel ; that he knows no fault 
I nttle pun had, but its being in 
t^ mnd thut the lock was on the 
twhid it on the Friday erening : 
' carri^ it out odc morning, 
miiffaTe with him thrice at a 
d be sbot with it the fourth time^ 

r, captain IHvid Cha- 

tCaoapbell concur io deposiogi 

;• glut, ai the time when it was 

:K bad order, that, for want of 

) lock waa tied to llic stock by 

tbetttfbrep tipon the wljole, I 

» judge, how far it is poftsihli^ 

I order would hare been used 

I aUDpooed by the prosecutor ; or 

alieto carried back ao quickly, 

MBi to the pannH's housie at' a 

' pmon was on the waloh en- 

I Qtirdcr. 

of no tmportsncef that neither 

' Douirat Maccoft siiw this gun, at 

kV uid upon the 

f ipf these two 

^ il for itf so they 

|iltri>- illan Stewart, the 

,kaJ iIhiu tuhi liKrn,tli!it he hnd hid 

el ;" and a* they atxoriim^jfy 

h the day hiUowing^ it re- 

III bf auspicioo, %vhich might 

fr»m tho drcuuiMancf, tnat 

hid witli tht r^t of ibe arms 




I on the Tborsday evening. At the some timo 
the pannel must beg leave to say, that it wouhl 
rei^uire some explanation how it has hapjNfof^, 
that the lock of this little gun comes to be now 
inissiog, wbeo such care has been taken to pre- 
serve every other particular, which could pos- 
sibly furnish any hmidle for an ai^umeut 
against the pannel. A good deal of weight has 
been also laid upon another circumstance of the 
like nature with the former, viz. That, ujion tho 
day after the murder, Allan B reek's okithe* 
were hid, in consequence of an order by tko 
pannet^s wife t but as it is not easy to figure 
how an order given b^ the panners wife should 
bate any effect against the paunel ; so it is 
humbly thought that this circumstance may be 
easily accounted for.— It was foreseen, that ai 
Allan Breek was about to leave the country, 
he would be immediately suspected as guilty 
oftlie murder ; and, as there was great reason 
lo helieie that a search wouUl b« forthwith 
rnade in erery place where Breck was in use to 
visit, it was natural tor the pan net's wife tu 
put his ctothes out ol' the way, that they 
might uot be the ocoasioo of suspicion against 
the pannel or his family. 

His majesty ■ s ailvocate was pleased to found 
upon the oath of John ftlaccoll, bouman, who 
defMises, ** That Alko Breck bad said to him, 
that the ttpprehendini^ of Uie pannel and his 
son would not signity much ; but express^ 
some cN>ncern, lest Allan Htewart, son to tbe 
pannel, might be betrayed by his own tongue.** 
But as the bouman is only here deposing to so 
exi»res9Jon of Allan Breck*s, when be was en* 
deavouring to free himself from suspicion ; as 
tlie bouman is at best only a single witness ; 
and as the expression supposed to have been 
ufwl by Allan Breck does not imply, that 
either the pannel, or his bod, had been guittj 
of the murder ; this circumstanee, supposing 
it true, ought not to be regardt^l. 

And here 1 cannot omit putting you in mind 
of one circumstance deposed by Alexaoder 
Stewart the packman, which shews pretty 
clearly, that no regard ought lo be had to the 
oath of the boum^tu; and b<^ides it ia single, 
and not supporttid by other rvidencew The 
packman de()oses, ** 'fhat the bouman bad de^ 
sired him to conceal bis carrying the clothes 
and money to KoatJsnnroan -, told him that be 
could not nrofc it agninst him ; and that he 
could safely depose he did not d(>liver the 
clothes to him, since he only pointed out where 
they were.^' 1 leate to you, gentlemen, to 
judge, what credit oaa be given to a whttlwi 
whose principles were such, as to suppose that 
perjury might be avoided by so poor an evasion. 

It has been also said, *' That the panners 
wife, his two son^« and his daughter, have, in 
some things, contradicted eucli other, in tlia 
d^cl.imtions made by ibem aereraily at Fort* 

'fhtr pante' L help thinking it hard, 

thai extiAJni nitiotiB made by his owo 

family ahouiii mnti iweit received as erid 
uguinst him ; more etpeeiaHy as it has 



239] 25 GEORGE IL 

bitherCo held to be an established principle in 
•ar law, not only thateitrajudicial declarations 
by third parlies cannot be taken, or received as 
evidence a^nst any pannel, but also that those 
^ho stand in the relation of wife or children lo 
(he pannel, cannot be received as witnesses 
•gainst him. 

However, as these declarations have been al- 
lowed to be read in conrt, though objected to 
by the counsel for the pannel, he must ac- 
qaiesoe in the judgment given ; but, at the 
■ame time, I am fully persuaded, that, upon 
perusing these declarations, the jury will be of 
opinion, that the differences (if there are any) 
are so trifling, that they can have no weight 
against the pannel : andi though it should be 
supposed that the wife or dau^ter of the pan- 
nel, from a mistaken notion ot duty to a parent 
and husband, who had been always indulgent 
to them, have endeavoured to conceal that 
Allan Breck went from the pannePs house on 
Tuesday morning, dressed in a coat belonging 
to the pannel ; yet, as it has been demonstrated, 
it is hoped to your conviction, that there is no 
sort of relevancy in this circumstance, it can 
have no other effect, but to shew how ex- 
tremely improper it is, that so near relations 
should be examined against any man upon 
trial ; but can never be used as an argument 
against the pannel. On the contrary, gentle- 
men, I cannot help thinking, that these decla- 
rations afford a very strong argument for the 
pannel ; for as no less than sixteen different 
declarations appear to have been taken from 
tlie |iannel himself, his wife, and children, (one 
of his sons having been examined no less tban 
five different times) it is really surprising that 
so great a number of declarations, signed by 
different parties, all relative to the same matter, 
should agree so exactly together ; and, as all the 
attention of the prosecutor has not been able to 
draw from these declarations any thing which 
can fix the most distant suspicion of guilt 
against the pannel, it tends strongly to fortify 
the legal presnmption of bis innooeuce. 

As to the letter wrote by the pannel to John 
Macfarlane, referred to in the libel, I am still 
at a loss to discover what argument can be 
drawn from it ; for as that letter (which was 
wrote soon after the murder, and before any 
advertisement had been published by the friends 
of the deceased for apprehending Allan Breck) 
contains an exact descriiitioii of Breck's person 
and dress, and also of the phu;e where he was 
roost likely to be found, it rather proves fur, 
than against the pannel ; and it was but natural, 
at this period, lor the pannel to express an 
anxiety to have Allan Breck apprehended ; as 
it appears from the proof, that before this time 
it was the common report of the country, that 
the murder had bera committed by AlUn 
Breck ; and therefore it behoved naturally to 
occur to the pannel, that tlie easiest and shortest 
wsT to obtain bis own liberty, was to find out 
and secure the person by whom the murder 
was supposed to nave been eommitted. 
The learned gentleman on tbe othor side 



Trial df James Stewart^ 



[S40 



still insists, that it is not proved, that any other 
person, besides the pannel, had any quarrel or 
resentment against the deceased ; and it has 
been further said, <« That if Allan Breck was 
the actor in the ronrder, he was only revenging 
the quarrel of the pannel." 

But the weight of this observation is fuDy 
taken off by the evidence produced for the |nuh 
nel. It is clearly proved by the depositioos 
of Angus Macdooald, Duncan Campbell, Ro- 
bert Stewart, and Charles Stewart, «< That 
Allan Breck had sworn revenge against 
Glenure, upon a belief, that he h«l given in- 
formation against him as a deserter:*' And 
though colonel Crawfurd has deposed, <* That 
the deceased had never given him any such in- 
formation ;" yet this does not at all vary tbe 
argument, as it is undeniably proved, that 
Allan Breck still believed, that such information 
had been given, and upon that account bore 
deep resentment against the deceased: and 
therefore, supposing that the murder bad been 
committed by Allan Breck, (which is not ad- 
mitted) it will not follow, that it was done with 
a view to resent any quarrel the pannel might 
have had with the deceased; since it might 
have been done with a wicked purpose af 
avenging his own private quarrel: and, at tbe 
same time, it is very proper to be here observed, 
that tbe deceased had executed a warning, and 
obtained a decreet of removing, against a mat 
many of the tenants of Ardshiel and Locbid; 
and if it is true, that in that |>art of the country 
a step of til is sort is considered as a cause of 
mortal hatred, it was, at least, as much so ts 
the tenants removed, as it could poasiUy be la 
the pannel : and therefore it is wrong in tba 
prosecutor to say, that there was no ottier per- 
son who had any cause of resentment against 
the deceased, but only the pannel ; whereas it 
is plain, that every one of the tenants who bad 
been decerned to remove from their respective 
possessions, had at least as strong a cause of re* 
sentment against thedeccaseil, as that which is 
libelled against the paunel ; and besides, I 
might also observe, that it is |)roved, by the de- 
positions of the two last witnesses produced 
for the jNinnel, that one serjeant More Cameron 
(who in that part of the country is known to 
be of a most abandoned character) had threat- 
ened to shoot G tenure, or to be upsides with 
him, in case he should happen to meet him. 

Upon the whole, gentlemen, I flatter myadf, 
I have shewn to your conviction, that all and 
each of the circumstances proved against the 
pannel are such, that they can easily bear a 
good construction, and might have happened 
naturally, though he had been innocent of tbe 
crime laid to his charge : and when to Ihb it is 
added, that the character of the pannel in pri- 
vate life, renders it highly improbable Uiat 
he could have been accessary to so vib • 
crime; that he could not possibly reap ny 
benefit by it ; and that is proved by incontet- 
table evidence, that, at the very time when tba 
murder was committed, be was anxiously pnr-, 
•aing another measure, which was utterly in- 



HI] ^^^^gfififT MurcUr. 

MtHHt Willi IteiQfipofition ofltis beiti^ any 
Wf iePMM iry to ibe murder ; I persuade my- 
m IImI you will bt» ctreful to di? est your- 
•toi •f mny tmpresflitODS you may have re- 
Mfvd witboQt Jours ; lliat you will judge 
«^lh» «f iilence itniiartially as ii lies lieforc 
|««| •ad Ibftt, l»|Kiii the whole, you will find 
'*" mil not giijUy of tbe crime laid Co his 



A. D. 11S% 



[243 



^^„ A lime, ill case yoti shall have any 
_„/ ill ftmlitig the pnniiel not g^^illy, or in 
I jta tbAlt be of opinion, that tbt^re is a 
^ «f idevfiQCV in any of the circum- 
_i pmvcd agtioat Ibe paiinel, il is your 
m rtCuni a Special Verclici* upon tbe 



^ A ■pMJal renUcI uiuler the Crimtnal Lblw 

_^d, li^eIIlt to diflfer efisentially from a 

fcrdtct in the Law of En^fand. • In 

» ft apcctfll tenlicl must 6t\a facts aoG 

E of facts ; and witirre any toiitter is 

miict submitted Lo the court for 

kt point of taw, no loference of 

I on the record, however strong 

Bof tiio«e lacts may appear, can l>e 

I hj Ibe eourL The conclusion result* 

I tbe mrhole should be found anii slated 

^nry. See Feake's Law of E?ideuce, 

r tbe law in well lUted. 

Ifl Seoilftisd, the lefpil guilt of the fact 

I tbe pannel is established by the 

ttHir o4' ret*^vancy before remitting the 

i #'iili tbe hbel to the knowtedg^^e of the 

the ((uettioii tefl for their conii- 

I iii^ wbelMr the fact charged baa been 

' •• A e|ie<!tal v«rdiet/* thy% Mr. Bume (Com- 
■■I ■nits. Trial f«tr Critneti foL 9, c. 16* pp. 
Ml flMt vt v^i J " i« a return of certaia tiicts 
w C MMM Mttncd ai proved, without the iddi> 
Iff aay neitcrai inference from them, with 
Ibe pennePs guilt of the crime ti- 
ll n lol^reoce which is left to be made 
f JiMget ftcx»rdiaf to his opinion of the 
cmpiructiofi and cberaeter of the faelt 
Am In4 before bim. 

•• it il orcieafy that the vertJiet make a 
cbir asd ftbaotaie return of ceriaio facht fti 
ttOl a. retum in a dotibtful, or tirovi- 
, er alternattve shape, or such as leaves 
I svfMrmiiB matter of fact still to be eu(|utred 
Mi by tbe Court. For to settle the whole fact 
, Slbe frroperand peculiar province of the jury ; 
ibtt done by any other autho- 
Llf ibey eliidi leave it in any ways uncer^ 
Ho^i BQ uncertainty may arise in se< 
I weyt, AinI flni Ibe jury may report the 
^ III meli » forai, ae to leave tt doubtful, 
* tbe criHi* in queslian has been com- 
Aebftppeoed in the case of An- 
b vrbnee trial for u^iug fahe 
iiieaauf«s, the jury found his 
laud bii measures short, but found 
for ipetufying the deifrce of" the 
itbctber en great as to imply dole^ 
Mlyi and such as might be 
baeriititttfitioQ. In like 



facts proTed for and against the pannel ; and i 
in that case you ought to he particularly care- 1 
ful to omit DO circumstance which mty bavftj 
tkuy tendency to exculpate the paoneL 

Sunday, ^4 September^ 175^, (betwixt 7 and 
8 o*ctuck in tbe morning*) 

** The Lords ordain the Assize im^tantly to | 
iDctose in this place, aud to return their Verdict] 
upon Monday neit, the 2ritl» current, at 11 1 
o*clock before uoon ; and adjourn tbe Courl^ [ 
and hail diets thereof, till that time ; and ordain 
the hail fifteen assizers there to attend, and tbe 
pannel to be carried back to prison,*' 

tier, an alternative return of facts, may some* 
times issue in the acquittal of tbe accused. ; 
Thus, in a trial for sheep-stealing, tbe pannel 
cannot have judgment as a thief, if the jury { 
say, that ihe sheep io question were stolen of ' 
had strayed ; bow full soever the verdict be in I 
liiiding the pannePs poi«esi$iou of the sheep, 
and other presumptions ol' his dishouesiy and * 
evil conscience. Or again, ia a ca^e of rob* 1 
bery* as little is there a good conviction, if tho 
verdict bear that the pannel assaulted A. B., 
nneaning to rob him, and that io the course of | 
the scufHe, his pocket-book f itht-r was CHrried I 
off by the panne), or fell to the ground and wds 
k>«t- And here, I may refer to tbe trial of ^ 
William and James Carruthers and others, tii 
1731. These men were iudicted on a certain 
statute, for deforcing the revenue > officers, as 
also at common-law, for on asanutt and robbery, 
having carried oif certain armis and other things, 
belonging to the officers. Now as to this ar» 
txcle, the jury * fand firoveo that the above Ho* 

* bext Kneall aud his crew, at the time end 

* place libelled, brou^^ht iu some tire-arms to 
^ tbe house of the above JuUu Ilitl, aud thai 

* they were lost, or taken aw ay by the foivsaid 

* mob," Hentenee passed on this verdict, for 
seven years transportation, in terms of the sta^ 
tute, as on a conviction of the deforce me ut only, 
and nothing more. 

*^ In like manner, on an indictment of more 
peraons than one for the same facl* the verdict 
!• faultyf if it find that the thing was done by 
one or other of them, and do uot atford the 
means of discerning which of them was truly 
tbe guilty person. And on this ground chiefly, 
aa f tuke it, proceeded the aLnioUitor io the 
case of Buchanan and Lilburn in 1771, where 
the jury couvicieil the panoels in the precise 
terms of their own confession, which was thus: 

* That the panoels, irritated by the continued 

* attacks of the dog, and having each ol thera 

* the spit of a jack in their bunds, both or either 
^ of them in tbe fray, gave a istroke or stroket 

* upon tbe head of'^ the said Joseph Alurtme^ 

* with the spits in their hanils, of which stroke 

* or strokes, and tfie wounds thereby giieii, tbe 
' said Joseph Martine died the day tolbwiug, 

* in tbe house of the said liobert Andcrrson.* It 
could not be determines I ou this verdict, whe* 
tber both pannds had struck Ibe deceased, ^r, 

R 



Ur\ 25 6E0RGB IL 

the paoDel James Stewart Oaihy, ift and 
mirt, of the murder of Colin Campbell of 
Gleiiare. In witnesa whereof, our aaid chan- 
cellor and clerk have aobscribed these presents 
in our uames, and in our presence, place and 
date above- written. 

(Signed) " Colin Campbell, Chan, 
«« Ja. Campbell, CI." 

After readings this verdict the Court proceed- 
ed to i^ve judgment; which, beiae written 
down in the hm>k, and signed by the whole 
judges, was read by the clerk, and in the usual 
manner, repeated pronounced by the dempster 
to the pannel, as follows : 

to ioclose^l havioff been pronoiinced by the 
three judgpes, the lord Elchies said to the jury 
words to this purpose, — That as they had been 
much fatigued by the extraordinary length of 
the trial ; and as the case now to be left to 
them, was of the utmost conse<^uence, no less 
than life or death, it deserved their most serious 
and deliberate consideration: and that therefore 
a: long time (full twenty-seven hours) was 
given them to return their verdict And his 
lordship added, that he thought it might be 
very proper for them to refresh themselves 
with sleep, before they should proceed to con- 
sider the case, and make out their verdict ; for 
which he said, couches, &c. should be ordered 
into the place where they were to be inclos- 
ed." Upon which the author of the < Sup- 
plement' remarks, «* It would, doubtless, have 
oeeu commendable in the jury, if they had 
complied with this seasonable advice of the 
lord Efchies, considering that they had now 
been sitting^ in court about fifty hours without 
sleep; which as they wanted much, so after 
being refreshed with it, they might have deli- 
berately and with their eyes open considered 
the case of the poor pannel. The jury, how- 
ever, were pleased to refresh themselves only 
with wine and the like, and immediately 
thereafter to fall to their business, with the 
same drowsy noddles ; in which they made 
such dispatch, as to have it dressed up and 
ended soon after eleven o'clock of the same 
forenoon ; a time shorter than four boars at 
most. 

<« O horrid to relate 1 

" About man's life they d|d not hesitate. 

" In the afternoon of this day, Mr. Stewart 
younger of Ballachelish meeting Mr. Camp- 
bell of Ederline, one of the fifteen, on the 
street of Inverary, told him, that every one 
was surprised at tne dispatch the jury had made 
in examining <60 long a case; and asked Mr. 
Campbell, How it was poanble they couM do 
so much in so short a timer "" •• ^ — 
Campbell answcKd, We M« 
nipalory proof: mIBip^^ 



if IVwbtehllr. 



Trial of James Stemrif 

«'Thtt Lord Justice Qancirat 
Commissioners of Justiciary, bavinip cc 
dered the verdict of assise, of date the Mth 
current, according to the present alile, rotonM^ 
this day against James Stewart, paancl, wbero* 
by he is found Guilty, tfrt and part, of the 
murder of Colin Campbell of Olenure ; they, 
in respect thereof, by the month of John Mm> 
kenzie, dempster of court, decern and odjoigo 
the sakl James Stewart to be carried hock to 
the prison of Inverary, and therein to lymilo 
till the 5th day of October next, acoording to 
the present style ; and then to be delivered mm 
by the magistrates of Inverary, and koepcrif 
the said prison, to the sherifT-deputa of AnnfB» 
shire, or his substitutes ; and to be by mim 
transported to the shire of Invemeas, and do- 
livered over to the sheriff-depute of Ion 
or his substitutes ; and to be by them 
ported to Fort William, and delivered 
to the governor, deputjr-govemor, or oov- 
mander in chief, lor tlie time, of the aald gar- 
risen, to be by them committed to prison ia tht 
said fort, therein to remain till the 7th day af 
November next, according to ihepreaentatjle; 
and then again to be delivered over to tho 
sheriff-depute of Invemess-sliire, or hit aolili- 
tutea; and to be by them transported Orwllw 
f^rry of Ballaclielish ; and delivered orw ti 
the sheriff- depute of Argyllshire, or hia rab> 
stitutes, to be by them carried to a gibbtt to hi 
erected by the said sheriff ou a co na p ic iieoi 
eminence upon the south side of, and nearti 
the said ferry: and decern and adjudge the 
said James Stewart, upon Wednesday the 8lk 
day of November next, according to tho pra* 
sent style, betwixt the hours of twelve at noiB 
and two afternoon, to be hanged by the sack 
upon the said gibbet, by the bands of an exe- 
cutioner, until he be dead ; and thereafter ti 
be hung in chains upon the said gibbet ; aol 
ordain all his moveable goods and gear to b^ 
es«;heat and inbrought to his majesty*! 'oat} 
which is pronounced for doom. 

(Signed) " Argyll. 

"P.Grant. 
*' Ja. FEBOiuoif.** 

AiWr which the Lord Justice- General apoke ti 
the panud to the following effect:* 

James Stewart, yon have had a very kmg 
and most impartial trial : you have been pro- 
secuted with all the moderation comdatent wiA 
the crime you stood accused of; and jroor 
counsel have defended you with great abiii^i 
and with decency. The jury have unaoinooi* 
ly found yon guilty of having been acumiiy 
to thia horrid murder, which, upon duo com. 
deratkin of all drcumstancea, acoma to be ac? 
eordin|;jo the evidence. 



proof agaiofj 



— » naHMl,iBea aiiffiyt9le.3 
MUMthoMliti miM 



J^ Murdtf* 

It make yM< , how 

Di !■ of wltieh )ou uUud cnii- 
! tod moH intamfius iinircler eiiiJ 
»ii« tn tl^Cittoce of the laws of Gofl 
> sjt^ Ibt cuinmon |)nnctp1es of buma- 
\ Iflmitidd oi^eeircmnsliince mote, which 
I ycm? guih | ami ihat i:j^ your iogra- 
Iki tlial gsolLcinani who^ by your means, 
A* ii»Of«* Yon tiari, by your artilices, 
» kift oon^QOcTt tit tore he had time to 
I Mfbnueii of ihc circumatanues of the 
iifwiuoh lie wa« appomted steward. This 
you tbused Bt> mucbf as to raise 
v^wanmmy from the tenants for yoar own 
I : but whi'u, in obedience to the orders 
mpomrs, he was removing you and others 
hm Hxwm they t)id possess, then, accord* 
tiM oialioe at way t pre? ailing in unctTi- 
ifttUef tli« Highlands, voiir inveterate 
I : ao that it may he said of you, 
jm taA e«t his bread, and then abed his 

r y«dr crime from its true original 
rdl uae the words of our tlatute*bcHik, 

iwtJD't f 'I '-^; and lawless opprfis- 

fcmd i Mauds during* several 

'7**'- ,. liie laws made so loncf 

r, and iiifurced in 16'J0, 
i._ . ' thecliiis w^relKiuud to dc- 
^f«r timtai^, as securities for the peace, who 
I even to li€ put tn drath, if no redrew was 
To tht« ' !d that obntifjate and 

titicyr«l>U inand a>ersioiU<» the 

I in levckiil Hi^fhland c)an«i, and in 
' jour own, errr More the happy Ke- 
^ eod the establish meat of the crown Jo 
4t Fr»l«9taiit line, 

Ittibe yiear lTir>, there broke out a mr»9t 
Wivf^l and uoprovoked rebeUion, soon after 
^ aacmkia of bis late majesty to the throne ; 
• «liiii tli« pari your clan acted is well 
>B0m^m niAiiy hetM^ i^- -^ '>i*esenl tliut were 
of their cu ^axI of «h(» rd>el 

1 . a. This I mj- 
A royal indemnity 
FaBfybii»ed uv o Ireaaoos thi^n com* 

but, in the year 1719, your clan, un- 
mI of Ui«ir hves and fortunes havinjv bteu 
k only two year* before, did og^ain 
y aitd affiiMted a forri^ enemy 
V MU are saiu to have 
ii time very \oun^« 
iiR' jcMless spirita of the 
<Tt again pron^pted them 
'' r - "i ^. you and 



»aiiJi** 







)«« cbifi 


it impious 


iimcf - 


.^i *t-i^.i to the last. 


IW! 


lirsi permitted you 
v^hirb has posijibly 


nail 


bo» 


of your crimen. 


Mf 


<eu of the Al- 


V; "^^ ** 


d Up a great 


^■^tb'-'ccin 


Ktnij, who, with 


K 


^ and with 


B 


^ one blow, 


pii tad to aU yoorn )• 


l^» 1 ^IcmpUf. 



A. D. 17J^ [359 

If f9U bad lieeti successful in that rttbellknt, 
you bad been now tj'iumphant with your con* 
tcdemtcs, tramprnig* upon the laws of your 
country, the liberties of your fellow*siibjcctSy 
and OD the Protestant religion : you mi^ht bare 
been g^if log tbe law, where you now have re* 
ceived the judgment of it ; and we, who are 
this day your judp^es, might have been tried 
before one of your mock courts ot* judicature, 
and then you might bare been satiateil wtib 
the blood of any name or clan to which you 
bad an cTeriion. 

I have thoug-bt it my duty to pot you in 
mlud of these (acts, only to mark out thoM 
wicked paths which have led you to dettme-* 
tioo : and though you dou't now stand accused 
as a rebel I nor am I permitted to call yo4i a 
traitor* because bis majesty's undeserved 
mercy to you did several years ago restore you 
to the state of an Innocent man ; yet 1 may 
say, with great force of truth, that this murder 
iiafi been visibly tbe effect and consequence of 
tbe late relietbon. 

Vou may yet, during" the short time yo« 
have to liie, be of great service to your friends 
and neighbaui^, by warning them against thoM 
principles and practices which have broui|^ 
YOU to this untimely end ; and may the Lofi 
nave mercy upon your soul \^ 

Immediately after sentence of death had 
passed upon James Stewart, and tlie Lord 
Justice -Gene rat had ended hi) speech, tbe 

panuel said^ 

*• My lords, 1 t^imi ly submit !f) iliy bard sen- 
tence, 1 forgive* the jury, and the witnesses, 
who have s^woru several things falsely ajfaiuat 
me : and I declare, before the great Uod, and 
this asditory, that I bad no previous knowledge 
of the murder of Colin Campbell of Glen ore, 
and am aa innocent of it as a chikl unborn. I 
am not afraid to die ; but what grieves me, is 
my eh (j^racter, that after- acres should think me 
capable|of such a horrid and barbarous mnidert** 

ThereaAer the pan n el was ordered back to 
prison, and executed according to his sentctica; 
and the morning before be went to execulioQi 
he declared to the sheriff his ionoceoco of the 
tact for which he was convicted ; and did tho 
same at the gallows, with many protest atiooi 
of ilia innocence, calling God to witoeas thd 
truth of what be deiilared. 



Of this case Aniot^ in bis Collection of Cn* 
ntinal Trials, has inserted an abstract^ to which 
he has subjoined tbe following observations : 

** The guilt charged a£:ainst tlie pannel is, 
that he was accessory to, and art and part in 

♦ Wh"" ihp sentence was pronoanced 
agamRl J ^^art at Inverary, tbe ^ntle^o 

menwih i the trial tbe preceding dayf« 

having been ail lircd with il» did not lake notes 
tbe last day : but, as far as tbef cau recollect, 
the sub««tance of what tbe Lord Justioe-Geotr^ 
then said to the panne), was M is tbove ^ 
down. Fifrm€r Edithn, 



S51] '25 GEORGE IL 

conspiring the murder of Glenore, which was 
perpetrated by Allan Breck Stewart. There- 
tore, if there be not legal e? idence that Allan 
Breck was the murdvrer, the charge of guilt 
▼anishes, and it becomes perfectly unnecessary 
to consider the second proposition, viz. the pn- 
soneKs accession to the murder alleged to have 
been committed by Allan Breck. 

'* The only positive evidence relative to the 
perpetrator of this murder, is, that it was com- 
mitted by * a man with a short dark coloured 
* coat,' and this is, in some respect, applicable 
to Allan Breck, as be was seen on the day of 
the murder, not far from the place where it 
was committed, dressed in a dun coloured great 
coat, and dark short coat. Allan Breck did 
frequently use threatening expressions against 
the deceased, and he did display the most in- 
dubitable signs of tear and guilt. But it is cer- 
tain that his guilt, as a deserter, whs heighten- 
ed by his having been in the rebellion, and 
that bis life was thus forfeited to his country ; 
and the reader must determine with himself 
whether Allan Breck's fear of being apnre- 
kended proceeded from the desertion, of which 
he was notoriously guilty ; or from this recent 
murder, of which, even mdcpendent of guilt, 
he had reason to conclude he would be sus- 
pected, on account of his connection with the 
family of Ardshiel, and of his fugitive and wan- 
dering life. 

" The circumstances from which the prose- 
cutors inferred the prisoner's accession to this 
murder, may perhaps lie 6t enough to excite a 
suspicion of guilt in the speculations of the 
closet, but I apprehend them to be in the high- 
est degree improper and dangerous, to be pro- 
duced as evidence to affect the life or fortune 
of m prisoner in the tribunal of justice. 
) <* The circumstances were shortly these : that 
Allan Breck, a kinsman of the pnsoners, paid 
him a visit three days preceding the murder, 
sat with him and other company at supper, 
and slept in a bam : that Allan Breck put off 
his French clothes, dressed himself in a short 
coat belonging to the prisoner, or his son, ere 
he went to work in a field of potatoes ; and 
next morning, when he lefl the house, went 
off dressed in the short clothes, and let\ his 
own ; which, by the bye, he had done upon 
former occasions : that the prisoner, upon the 
search which was to be made for the murderer 
of Glenure, supplied with money, for the pur- 
pose of making an escape, his kinsman, Allan 
Breck, a fugitive, and a deserter: that the guns 
about the prisoner's house were hid, in a coun* 
try where it was a crime to be possessed of 
arms : that the prisoner had used repeated ex- 
pressions of resentment and of 'vengeance 
against Glenure ; and that, after the murder, 
Allan Breck expressed his apprehension lest 
the prisoner or his son should be betrayed by 
their own tongue. 

** These are ttie amount of the evidence against 
the prisoner, which resulted from a scrutiny, 
by no means warrantable, into his life and con- 
duct. The rigorous durance in which he him- 
self was conQncdy and his son and servants being 



Trial of James Siewart, 



\93l 



kept close prisonen in separate ■partments, 
have been already mentiooed. His repositories 
were thrice searched by the prosecutors rela- 
tions without legal warrant, and attended by a 
military force : and every circumstance of his 
life and conversation, for a period of two voan, 
was raked into with the most invidious industry. 
But this last mode of extraotiuj^ evidence, and 
the result which flowed from it, require to bt 
particularly considered. 

*' Where there is no positive evidence de- 
monstrating the author of a mischief which so 
individual has sustained, menacing ezpressioM 
may be justly admitted, along with other cir- 
cumstances, as a link of the chain of circan- 
stantial evidence a:|;ainst a prisoner. But, to 
lay much stress upon general expresskms of 
resentment, and even of vengeance, such as, 

* I wish he were hanged ;' * he is unworthy to 

* live;' ' I will cause him to repent it,' or the 
like, would lead to a conclusion equally false 
and fatal. In social intercourse, the energy of 
our (expressions of applause or of censure, of 
gratitude or of resentment, is often proportioned 
to the strength rather of our language than of 
our feelings. But, if a deep and mortal 
he meditated, I apprehend the deviser, in 
of suiting his expressions to his purpose, v 
endeavour, by the smiles of his countenance, 
and the smoothness of his language, to conceal 
the rancour of his heart. 

** Let any person who has laboured under 
embarrassed circumstances, who has felt ibr 
the distress, for the impending ruin of his ft- 
mily'; «»lio has been chastised by the rod of 
power, reflect upon the expressions of resenl- 
ment and of anguish which may have escaped 
him when his heart was open to a friend, wlica 
his passions were inflamed by liquor; and 
then let him condemn (if he can) the prisoner 
as a murderer, on account of the expressions of 
vengeance which arc proved against him in tht 
course of this Trial. 

** The only part of the evidence affecting the 
prisoner which makes a serious impremoo 
upon me, is what fell from Allan Breck in tbo 
wfK)d of Koalisnacoan, that he was afraid lest 
the prisoner's son * might be betrayed bv bis 
own tongue.' * The following reasons, how- 



* *' Unless that rule in the scriptures, of visit- 
ing the sins of the father upon the children, is 
to he inverted by our law, and the sins of tbo 
children are to be visited upon the father, I 
•entertain a faint suspicion that a mistake has 
been committed in the course of this Trial, mod 
that (if any of the family was guilty) the pri- 
soner has been hanged instead of his son Allan. 
The circumstances of the little gun in the de- 
positions of DugalJ and John Beg Maccolls, 
and Allan Breck's fear lest the prisoner's son's 
tongue should btrtiny him, afford a more point« 
ed evidence against the son than any which it 
adduced against the father. Besides, it ii 
worthy of remark, that the prisoner's son bad a 
coat precisely of the same make and ookNir 
with that which Allan Breck wore on tht day 
Glenure was murdered." Arnot. 



f(ir Murder, 

» doubt llie saleCy ftiid propriety 

I •» ej|(ff^%ioti bL this 1 lie t'sutt* 

Dg flwuy the life aru! fa me of a 

The %vilne!is who <Je|i«sed lo ii 

lirfpr llie ruil uf power ; he had been 

c!o!(e cuMody in Fori Wtlham, aod 

railed that he himiielf might be 

Iriiil for thiii murder. 2do, The 

an IVoiij Allan Bre<;k*8 exprea- 

Igr fioin miscortceptioii, or want 

fi' ) from the mistake 

itcd the eFidenoe, 

In uj'iifji j;»r>i (iaiereoce in ihe coii* 

|l>r tlrawo rriMii Alhtn Brc^rk^a words* 

, if AUan Breck, instead of laying 

tJbe prisoner's son * might be 

\%y Ilia own (on^uc/ did stiy^ lie wa« 

Einer'a son * might Hill a\ictiio to 

lie ;* ill this case, Allan Breck 

aid no more than >%httt was nolo- 

i_»Dil true, viz. that tJte resentful 

~^ by the prisoner and hia son 

! would hear hard upon them, 

I, upon the Mbole, i^KiiaU^ out the 

two aUerntions being: adopted in 

al (aw of Scotland : Imo, That the 

jliould here, aa in £nj;tand« have a 

Dging a certain numljer of llie 

|]gned« 2do, I'hai, in 

lof Scotland, where the di^trict« 

tribes or clans, between many 

ale feuds did subsist, a prisoner 

I in bis power to say, ^ I who am 

"* not be tried by a jury of Camp- 

\ CDunler of a Campbell ;* or, * I 

IBccr of e&cise^ will not be tried 

sorfier of a stimg^ler, to a country 

it Itiv merchants^ fanners, ^c. are 

And, OS the lawyers for the 

' it til Ibeir power to bring a prisoner 

liltaCricI where he lite^* or where a 

[ftiettn committed^ to stand trial before 

V at £dinhnri;h| so 

ive it JO his power 

^pfrjimittH wtiicb may he enter- 

lliai to a iiarttcuUr distiicl« and to 

1^ tried at bdinburgb.^' 



A. a 1752. 



[251 



Ho wing paasag«a are extracted from 
a^fikflBCfil (o the Trial of James 

happy periodi until the fatal 

. James Hte wart beliavfd, in 

, &a like a good Cbri^tian^ that liia 

1 were forced to commend him, 

*ij him, bur the thoughts of 

kind wife, with a pretty nu- 

|r« not provided for ;* and a rea- 

for his awn character, because 

ignomitiJous manner of his 

) altrgeii eau«e given fur it. To 

' Niiirrrt:4|/», six year* ago, had left 
Mate; a^id tb« ejtpeooe of ihU trial 
lallliejsaii aciiiurrd siaoeJ' jiJuppU 



die, he said, on a gallows, for having actal a 
part in an assassination, was, he lielieved, what 
few lh;jl knew bim could iver have thought 
was to be his end. This he regrettrd at firti 
to bis 1i lends who came to see him in his con^ 
demned ii^tate ; but atier being assured by tW 
gentlemen who hail been lits counsel, that they 
hnd k\\ kept notes of their pleadings, in ordet* 
io the pulilishinij; bis trial, be became quite sa- 
liaOed and easy m bis mind. * If that shall be 

* dt>ne» (said be), ihe world wilt have an op- 
' portuiiiiy of seeing nud judging oi' my sharft 

* in the murder, a crime I ever abiiorred, and 

* the jtistice done me in the tria!.* Ru ipim 
nunc hquitur. At bit receiving the holy sa^ 
ciameni, from the bands of a worthy clergy « 
man, the necessity of cod Cession and repent* 
ance was strongly set forth to him, and the ques- 
tion then put, * Are you guilty of the murder 
'of Gleuuref* He answered, in a mosl 
solemn manner, * 1 am not guilty of it, even in 

* the smallest degree; If J be, may this which 
^ 1 am ttbuut to do, tend io my eternal d;imna* 

* lion !* In a word, he gained the esteem ami 
reigard of every body ; and his military guard 
admired and pitied him so much, that many of 
Ibem shed tears at his death; thereby con- 
viucing me, that tlieir hearts are not so caMoiDi 
as is commonly thought. 1 appeal to them*. 
selves if this be not true. But let the dyinif 
man first speak Ibr himself, when come to the 
last period of his hfe. The hour of death, you 
knovr, is the hour of truth !'' 

The DviNG Speecu of James Stewart. 

My dear countrymen ; The several mottrea 
that induced me to offer the world a narrative 
of my uDcommoo misfortunes, are as follows: 

Fii^t of all, My itinoceoce makes my suf* 
feringa easy, and alletiates all afflictions, be 
they never so severe in the eyes of man. 

Secondly, That my silence upon thia ooca* 
sioD might uot be constructed to my prejudice 
by my prosecutors ; as my silence at the bar, 
when i was hearing some of the evidences aver 
untruths against me, was said to have pro- 
ceeded from conviction of guilt, and that if [ 
should challenge them, they wouUt say more 
than they did. 

Thirdly, In order to let the world know the 
liardships put upon me since my coaiinemdnta 
contrary to the known laws of this nation ; 
which effectually disabled me from maktug 
many defences 1 otherwise might proiJuce, 

Fourthly, That it came to my ears my pro- 
secutors had spread a false report, that 1 made 
a confession of that crime when in Inverary 
gaol after receiving my ban I sentence. 

Fifthly, That I might offer my public advice 
to my friends and relations u|>oa this uielatt^j 
clioly occasion. \ 

These are tfie chief reasons for the followrtn^ ^ 
narration of facts ; which 1 hope lo make 
appear so clear, as will convince the unpre* 1 
jvidieed pari of mankind how much 1 am iii« 
jured, and that I die, as I endeavoured to live, 
an bouest man. 



£53] 



25 GEORGE II. 



Trial qf James Stewart, 



[9S6 



As to the lirtt article, of my beine art and 
|»art, accessory to Glenore's murder, I poii- 
tiveiy flea y, directly or indirectly ; nor do I 
ktiow who was the actor, further than my sus- 
f icioa of Allan Breck Stewart, founded ufion 
drcumsiances that have caet tip since the 
murder happened: and I do declare, that it 
was not from any conviction of his being guilty 
of that crime I sent him money to carry him 
oiTthe country ; but out of charity and friend- 
ship J had for him, not only as a relation, hut 
likewise w a pupil left to my charge by his 
lather ; and as a person who kept close by my 
brother in his greatest distress, when lurking, 
before he got off the country ; and that I knew 
he was a deserter, so durst not stand a precog- 
nition. I also declare, it was without my 
Icnowledge he carried any part of my cloth^ 
with htm, from my house, upon the Tuesday 
before the murder. Nor did I know where he 
was, or where he had gone to from that time, 
until Donald Stewart, nephew to Ballachelish, 
came to me Friday after that unlucky action 
happened, and told Allan Breck was at Koalis- 
naooan, and hegjged I might send him some 
money to help him off the country, as he durst 
not appear publicly, fbr fear of being secured 
for the above reason of his being a deserter ; 
and the said Donald Stewart toM me, that 
Allan Breck assured him he had no hand in 
the murder. 

I likewise declare, tliough it is set forth in 
my indictment that Allan Breck frequented my 
house and company most of any place since he 
came to the country in March last, that 1 did 
not see him but thrice from his commg till he 
went away from the country. The first time 
was, two nights before I went to Edinburgh 
in the beginning of April last. The next or 
tecond time was about eight days afWr my 
return from Edinburgh, which was about the 
last days of April, as I best remember, when 
he stayed but one night that I was at home. 
The third and last time was upon the Monday 
before Glenure*s murder, that he came to my 
bouse about one of the clock after noon, and 
Stayed that night ; and the next morning I went 
from home, whiob was Tuesday, before he was 
out of bed: nor did I see him that day, or 
tince. Nor can I remember Glenure's name 
was spoke of in his company either of the two 
last times, unless it was he that told me 
Glenure was gone forLochaber upon the Mon- 
day ; as to wnich I cannot be positive ; but I 
am very sure there was no word of destroy- 
ing him in any way spoke of. The first time 
he must have heard me talk of Glenure, as 
I told him I was going to give in a memorial 
tor the tenants to the barons of exchequer. 

It is also set forth in my indictment, that it 
was of my own accord, and not at the desire 
of the tenants, I went to make application for 
them in law. I do declare it was their desire 
that all lawful ways should be taken to keep 
them in possession ; and do assure myself ibat 
nothing obliged them to lefuse that, but fear 
and ignorance ; belief ing, that if they ihoold 



own it, they would be made priseners ; as all 
the poor people were put in such a terror by a 
military force kept in different parts of the 
country, that they, I mean the poor country- 
people, would say whatever they thought 
pleased my prosecutors best. 

1 declare what John Dow Breck MacooH, 
bouman in Koalisnacean, deponed in regard to 
my coming to Glenure's window, was ialso ; 
and that at the time he condescended on I 
should have said so, being two years ago, I 
was in very good friendship with GleoniOi 
which his letters to me about that time testify. 

Ah to the story John More Maocoll, Dougal 
Maocoll, and John Beg Alaccoll, my servanli 
told, they beard me say in my brew-boose^ 
that if Glenure did live five years, he would be 
laird of Appin ; and that I saw people in Appfai 
that would not allow Glenure to go on at such 
a rate ; this I do not remember. Bat this I 
can safely say, tliat John Beg Maccoll came 
into the gaol at Inverary to see me, next day 
after my sentence was passed, crying and 
tearing as if be wa^ half- mad, and told me, 
that the night Dougal Maccoll and he bimodf 
were on their way to Inverary, at the strath ef 
Appin, Ewan Roy Maccoll, poriioner of Glas^ 
drim, and the said John More Maccoll brought 
two bottles of aquavitse into the bam where 
they were confined, and wrougrht upon theni 
to make up that story; and made them.twliefe 
that it could not hurt me, and would gain them 
friendship at Barcaldiue's hand. I truly be- 
lieve, though it were truth, that it coold net 
hurt any other person, though any thing was 
proof enough against a man so ill looked upon 
aa I seemed to be. 

Alexander Stewart, packman, deponed wt^ 
Teral falshoods ; partieulariy in regard of the 
five guineas he aaid I desire<l him to tell Wil* 
Uam Stewart mercliaut in Mary burgh, to give 
John Dow Breck credit in, for Allan Brtck's 
use; and his saying I desired him to get only 
4/. sterling from William Stewart, fur paying 
milk-cows bought fbr his use at Ardshiel ; 
whereas he was only desired to get 8/. sterling 
fbr paying these cows, as they in truth were 
bought for William Stewart's use. 

I declare the reason why I did not challenge 
them at the bar was,, that my lawyers desired 
me, though 1 heard a witness swear falsely, 
not to sfteak, otherwise I should be worse 
looked u|>on : so that I hope the uubiassed will 
believe that my silence did not proceed from 
fear, as alledged by my enenues ; but in obe* 
dieuce to the advice given me by my counsel, 
which I waa determined to follow whatevor 
should happen. 

That tliere were plenty of bribes or rewards 
offered to severals, I am well assured. Perti* 
colariy, Donald Ranken, herd to Ballachelisfa, 
a young hoy, was offered eii^hteen hundred 
merks ; which are his own words: but he WM 
kept close prisoner at Inverary, so that nooo of 
my friends had access to put any questions' to 
him. John Maccombich, lata mdler in IM 
of Ardahkli waa ofiend his fonttcr poo* 




fno^ Murder* 

\ ^CIIm fbillf fur lelttflg nny thing vroulil 
r ibtir liir«. Duncan Muceombich and 
iUcooll« both III L4i{^naha, were of- 
Ifcml u ifiucli meftl ai thrjr pleased to cnH for 
aiPtfl-Wiltittiii, if th<?y woulil make any ilis- 
€ t>f r ie 4 . 1 tiow letive itie world to jndf^e, 
utatliBiice II inaii Iih<I fur his liCt*, whtn sucb 
Iwibaf wre oflTeird to p*ior, ii»uoraHt country* 

Kf mt wtiAt assurance can any man have 
iH bnlies prpvaiiej with some of Iho'fc 
vliMmafceuaibP 

Ailir 1I10 miciHnmon harilhhi|>s put upon me 
Mrfer mj eaufioemeut, thi^y were many ; »uch 
at, banif Imkem into custody without any writ- 
Its w«irstil^ iiririn ilir i6th day of May last; 
^agfwti thr*»ui: M Fot t-\Vil)iam, where 1 

ins fc<|i€ ctir«^ , - notanowed to see any 

a^mj CnEn4i« or any that couhl give mcconn* 
ael, tfiiitk aluHil the 20tb of June, there came a 
UtlvrCrwni Mr. IVilhaiit HiIrou, directed to my 
wlfk, villi liir act of parliament dischart^ing 
9§mm i■^praaaalent louger than eight days; 
»ll^, wfcca th^wn to colonel Craw Turd, who 
tlUi osnttfttiiletl the Kirt and troops, he al- 
Jbired my wife and sotue others to see me: 
^WMiU ftnt allow snch nsi 1 thought could 
wmi nse to rne to come near me ; parli- 
If. w,...^.., ....^-v^f^rof Ballachelish» 
f cait '■ vices to me, would 

latbtf ad,. '.. , I . . . -'I Charles Stewart 

r, nr H ilham 8tettart merchant in ililary* 
gt*l any admitiauce. In t»hort, any 
«lio mmH Im iupiK>«<i'd to be of auy (ierrice to 
tm is Hiakio^ my dt-fvnceii, were not perniilted 
IBM la na. 1 do not impute this usage to 
oIhkI Crawfurd, for whom 1 retain a very 

0«ai rf^r**^* ^0^ ^^^ *1^*1 "^' ^'^"^ humanity^ 
Ll \t9 tm€ gut a very bad im(>re«isioti of Tt'ie 
b . ed prosecutors. And when 

fv Fort- William some time in 

Iwi^^tTiniiii; ot July, »he new governor would 
i^iaD9 to cQtue aesr me, luru^l tny wife 
ttlOiinMil the fort, and dist hartred her to stay 
■ Miiybvirgb. And in that close situation 
ii^flaftf itotil my indictment came to band 
ll«ttdie latter end of August ; su had no way 
ilBiAbi ii|i my defences; nor dur^t auy of my 
thcDds in ibc country offer to do for me, 
sllisrwbA would he laiil up prisouers ; and 
^tm vlio 1 expected liad inoRt to say for my 
Aial|HUiOtt« were taken prisuneni, and kept 
dtot lilt my that, to had not access to put any 
fMttiaiM III ibom,* by wliich they were not 
nady liiiiiake iheir sn«vi«rH when called at the 
lir» 1 am far fiom vhar^jiog the governor 
wkk Ibii bard uia^^c, who appears to he a 
but bud his orders so to 



A. a 1752. 



[258 



mktu 



Whan cny trial cams on, I found il was nol 

laljf Glamuv'* n>ni,i^.r | {^m\ to answer for, of 

vIkIi 1 ibar \- ron^cience could easily 

civ«r tzie, but - in d follies of my fore- 

T«ra charged agsiu»t ma* such as the 



aiUnittatiee to the 
js fsfufcd/*— See 



ttira 



reKetlion 10 1715, in 17 19^ and 1745 ; bo could 
not be allowed the character of an honest man: 
not wit hidtan ding that I firmly belieTe, tberar] 
was none present but who wai either himself, 
or came ol people tliat were concerned in re- ' 
bellion some time or other, God forbid they j 
should be all called villains upon that account^ 
as the greatest sinner, upon bis repenting, may 
turn saiat> 

I was a schoolboy in the year 1715, and was 
but little more in the year 1719 ; and if I hsd | 
the misfortune to be concerned in the year ' 
1745, I was indemnified; and have done no* 
thing since to incur the goveroment's dbplea- 
sure, that I am cooscioui^ of. 

Another surprising charge against a man ill i 
a Christian oouutry came in against me; which ^ 
was, that I was a common parent to fatberlees^ 
children^ and took care of widows in the coun- 
try, which gained uie great influence over tho t 
people, by which they were much led by me ; 
or ^ome words to that purpose* I hope soon 
to appear before a judge who will reward cha- 
rity and benevolence in a diOerent way : and I 
only regret how little service was in my power 
to do, not only to the fatherless and widows, , 
hut to all maiiKind in £;eneral ; as 1 thank God 
I would make ait the race of Adam happy if I i 
could. 

Another charge, aud a heavv <)ne, was, thftt 
when subfactor to Glenure \ exacteil nior« | 
rents of the tenants than was paid to the ex- 
chequer, and which superplus rents 1 wrong* 
ously applied, eiiher to my own use, or to tb# j 
behoof of my brother Ardshiel's children. 

I own 1 did get some acknowtc^lgments from ' 
some of the tenants, with the knowledge and 
consent of the factor G tenure ; and do declare^ i 
that ] was as assiduous as in my power, in 
acting for the benetit of said children, and that ' 
1 did account to their behouf for all 1 could ! 
make of these lands, over and above the renl ] 
paid to the factor : and thought it no crime s(» | 
to do ; but to the contrary, thought it my duty, 
to which 1 was bound by the tii.8, not only of J 
nature, hut also of gratitude, being the dis* 
tressed of&pring of a very afiV ctiuuate, loving | 
brother, to wliom 1 was under many obtiga* [ 
Lions; and whose niialortunes (lam well as* | 
sured) proceeded from a conviction of his doings I 
his duty, ivhich may be conarued by some td < 
be owing to the prejudice of his education. i 

1 do declare, that 1 made no confession of 1 
the crime alleged against me* at Invirary, or . 
elsewhere ; and that i had it not to make. I 
Nor can I remember, that any then^ asked mft J 
Ihequestiou, excepting IV] r, AlcTitander Camp* ^ 
bell minister ; w ho, 1 am persuaded, could not < 
be capable of being author of that fa]i« calum- 
ny, which must have been raised by some ma- 
licious persons. May God forgive ihem ! ft ' 
is very true, that ) told Air. Campbell ] had no I 
personal love for Glenure, and iliat 1 was sorry 
how few in his neighbourhood bad. Eut 1 1 
hop^' no man ivould construct that as if J hadij 
an intetition to muider him* 

1 aUo told biiD« Uiat 1 had (he charity to bt> 



S5U] 25 GEORGE II. 

lie^e, that the bulk of the jury (lioiigbt 1 had 
some forcknowleflge of the murder. Yet I 
ttill think, and not without some reason, that 
they ^ve themselTes too little tiaie to coniider 
the proofs of either side, but gpave in their ver- 
dict upon the prepossessed notion of guilt. 
What must convince all welt-thinking people 
of their being so pi*epossesscd, is their stopping 
one of my lawyers twice in his speech to them 
after the witnesses were examined. Mr. Gamp- 
bell of South- hall, if I noticed right, was the 
first that interrupted my lawyer. There was 
tome other who also spoke, and who 1 did not 
know.* I am told this is not often practised 
in Christian countries; but there are many 
ways taken upon some emergencies for an- 
swering a turn ; and it appears I must have 
been made a sacrifice, whoever was guilty. 

As to what Alexander Campbell in Tayna- 
loib deponed, That I did not know what I 
should nelp any of his name to, if it was not to 
the gallows ; I' do remember part of what 
passed, lbou£;h my memory is not quite so 
eoud as Mr. Campbeirs, or Colin Maclaren*s : 
nut this far I can safely say, npon the word of 
a Christian going into eternity, that I had no 
other intention in what I said, than a joke; 
and if I bad any grudc:e at himself for being 
Campbell,' 1 was undtT no necessity to go into 
his house, as there was another public bouse 
within a gun-shot of his door. 

As to what Ewan Murray and Colin Mac- 
laren deponed, in r<^gard to my telling them, 
that [ had given a challenge to Gienure ; I own 
I was wrong in telling them that story, as it 
Was a thing they had no concern in. 

And as to what Colin Maclaren deponed I 
should have said upon the road, after partings 
with Ewan Murray ; 1 solemnly declare I dio 
not remember one word that passed, being 
much the worse of liquor, as he himself owned 
apon oath. 

I do declare, that I frankly forgive all these 
evidences and jury, as freely as 1 want for- 
giveness of my sins; and do from my heart 
pray, that God may pardon them, and bring 
them to a timeous repentance ; and that they 
may not he charged with my innocent blood, 
as 'i never intended any of them the least 
harm. 

My dearest friends and relations ; I earnestly 
recommend and intreatyou, for God's sake, 
that you bear no grudge, hatred, or malice, to 
those people, both evidence and jury, who have 
been the means of this my fatal end. Rather 
pity them, and pray for them, as they have 
my blood to answer 'for. And though you hear j 
my prosecutors load my character with the 
greatest calumny, bear it patiently, and satisfy 
yourselves with your own conviction of my in- 
nocence. And may this my hard fate put an 
end to all discords among you, and may you 
all be unite«t by brotherly love and charity. 



Trial of James Stewart. 



[960 



* ** Two of the jury did speak, when the pan- 
nel's lawyer was summing up the proof, which 
disconcerted him." See Su^lement, p. 61. 



And may the great God pnrfeet yoa ail, aid 
guide you in the ways of peace and coocord, 
dnd grant us a joyful meeting at the grett diay 
of judgment. 

1 remember Mr. Alexander Campbell 
minister at Inverary, for whom 1 have a grett 
value for his kind and good advices, told m«, 
that the fear of discovering any of mr friendb 
might be a temptation to me from making any 
confession of my knowledge of that murder. 

Therefore, to do my friends justice, so far m 
I know, I do declare, that none of my friends, 
to my knowledge, ever did plot or concert tbtft 
murder ; and I am persuadeil they never eos^ 
ployed any person to accomplish that cowardly 
action ; and I firmly believe, there is none of 
my friends who might have a quarrel with thtft 
gentleman, but had the honour and resolutioft 
to offer him a fairer chance for his life, than to 
shoot him privately from a bush. 

Mr. Brown of Colston, Mr. Miller, Mr. 
Stewart younger of Htewarthall, and Mr. 
Mackintosh, were my counsel, and Mr. Stewart 
of Edinglassie my agent. I do declare, that I 
em fully satisfied they did me justice; and 
that no part of my misfortune was owing to 
their neglect, or want of abilities. And as 
they are men of known honour, I hope tbey 
will do justice to my behaviour during the 
trial. 

I c[ive it as my real opinion, that if Allat^ 
Breck Stewart was the murderer of Glenare, 
that he consulted none of his friends aboot it. 

I conclude with my solemn declaration, tluik 
I tamely submit to this my lot, and severe sen- 
tence ; aud that I freely resign my life to the 
will of God, that gave me my first breath ; 
and do firmly believe, that the almighty God, 
who can do nothing without a good design, 
brought this cast of providence in my way for 
my spiritual good. 

I die an unworthy member of the episoopal 
chuiTh of Scotland', as established before the 
Revolution, in full charity with all mortals; 
sincerely praying Go<l may bless all my friends 
and relations, benefactors and well-wishers; 
particularly my poor wife and children, who 
in a special mauner I recommend to his ditine 
care and protection ; and may the same God 
pardon and forgive all that ever did or wished 
me evil, as I do from my hipart forgive them. 
I die in full hopes of mercy ; not through any 
merit in myself, as I freely own I merit no 
good at the hand of my offeniled God ; but 
my hope is through the b'looil, merits, aud me- 
diation of the ever blessed Jesus, my Redeemer 
and glorious Advocate, to whom I recommend 
my spirit. Come, Lord Jesut>, come quickly. 
James Stewart. 

Mr. Coupar, minister, showed me sooM 
queries a few days a^o, which ho was desired 
to put to me. They arc all answered already 
in my speech, excepiiug two ; which are» 
Whether I knew Allan Breck's route from Bnl- 
lachelish to Koalisnacoan, and from thence to 
Rannoch, before the murder happened P An- 
swer, I declare before God, 1 dia not. Whe* 



161] 



Trial ofM. Sfuires and S. Wills. 



A. D. 1753. 



[S62 



Ihcr I iDlereeded with James Drammoad, in 
the Tolboolb of Edinburgh, to persuade or en- 
tioe his brother Robert, who was already out- 
jawedl, to murder Gleuure, and that I would 
gite him m good gun for that purpose, and 
money for carrying him off the country, and 
•that Ardshiel's interest would procure him a 
t&mmimioo in France ? Answer, I declare be- 
IsR God, there never passed such words be- 
twiit James More Drummond and me, or any 
to that effect. James Stewart. 



** Notioe has already been taken of this James 
Jfoie Drammond ; a fellow nursed in villany ; 
wbe havinff been disappointed in the scheme, 
lie owned, lie had laid for procuring* favour to 
Umaelf, did, in order to supply the want of his 
ma 9oe€ testimony against James Stewart at 
loTcrary, send thither one in writing, declaring 
ai above in the postscript of the dying speech. 
This dcdaration had been perused, and was 
tested npDQ by one at least of the lawyers of 
Ihe edier lide, as mav be seen in the penult 
wd feUoving lines or the 84th page of the 
trial; mad was, it is said, banded about among 
tbcjnijioen in court. It was acknowledged 



afterwards by Macgregor himself, who had 
the impudence to call at a gentleman's house, 
November 17, the day after lie maile his escape 
out of Edinburgh castle ; where being chal- 
lenged for making such a declaratiun, he did 
not pretend to deny it, but averred, that every 
thing lie had said in it was true." Supplement 
to the Trial of James Stewart. 

The notice which had been already takcQ 
of James More Drummond, alias Macgregor, 
in p. 4 of the Supplement, is, that he was a 
sou of the noted Rob Roy Macgregor, (as to 
whom see Home's History of the Rebellion) 
that his name had been inserted in the list 
of witnesses against the prisoner James Stew- 
art, when he, Drummond, was a prisoner in 
the Tolbooth of Edinburgh, having been 
only three weeks before (viz. Aug. 5,) found 
guilty of a capital crime, and ordered by the 
lords of justiciary to be kept in close prison till 
sentence 'should be passed upon hint, that he 
was not carried to Inverary by reason of an ex- 
press prohibition from above, but was removed 
soon thereafter from the city prison to that of 
Edinburgh castle for the benefit of better air. 



.530. The Trial of Mary Squires and Susannah Wells, Widows, 
for an Assault and Felony committed on the Person of Eliza- 
beth Canning, at the Sessions-House in the Old-Bailey, before 
the Right Hon. Sir Crisp Gascoyne, knt. Lord Mayor of the 
City of London, the Hon. Mr. Justice Wright, the Hon. Mr. 
Justice Gundry, the Hon. Mr. Baron Adams, William More- 
ton, esq. Recorder, and others his Majesty's Justices of Oyer 
and Terminer of the City of London, and Justices of Gaol- 
Delivery of Newgate, holden f<Jr the said City and County of 
Middlesex, on Wednesday the 2 1st of February, and continued 
till Monday the 26th: 25 George H. a. d. 1753.* 

Mary squires, widow, and Susannah 
Wdlt, were ioilicted ; the first, for that 8he, od 
Ihc 8d of January, ib the dwelling-house of 



* The atory of Elizabeth Canning excited 

a moat lifely and extensive interest. Her ve- 

ocity waa aiaintaioed and denied with the ut- 

iMMt vcbemenco of opposition. It occasioned 

duly litigations in the news-papers, and other 

fariodacal nrinta, and gave rise to numerous 

Uparate poblicaiions, of various sorts and di- 

Mfnsiang. The eager siinplicily with which 

Ac partizans of the girl (like the foolish con- 

wltera of a conjuror) ha<l by their questions 

^Hfgislnd to her materials for her answers, is 

wdl exhibited by Mr. Ramsay the painter, in 

m mmj which he published under tlie title of 

M Ladw lioMi « Ckigy man to a Nobleman, 



Susannah Wells, widow, on Elizabeth Cannings 
spinster, did make an assuult, puttinji^ her the 
said Elizabeth Canning in corporal fear and 
danger of her life, and one pair of stays, value 
10s., the property of the said Elizabeth, fium 
her person, in the dwelling house, did steal, 
take, and carry away. And 

The latter, Vor that she, well knowing hrr 
the suid Nary Squires to have done and com- 
mitted the felony aforesaid on the said '2d of 
Jajiuary, her the said Mary did then and there 
feloniously receive, harboiir, comfort, conceal, 
and maintain, agaiuKt his majesty'^ peace, aiid 
against the form of the statute. 

Elizabeth Canning sworn. 

Elizabeth Canning, I had been to Sali-Petra 
Bank to see an uncle and annt ; his name is 



S63j 



25 GEORGE 11. 



Trial ofM. Squires and S. WellSf 



[204 



Thomas Collej. I set out from home about 
eleFen in llie forenoon, and stayed there till 
about nine at night, on the Ist of January ; 
then my uncle and aunt came with me as far as 
Aldgate, where we parted ; I was then alone, 
8o came down Houndsdiich, and OFer Moor- 
ilelds by Bedlam wall; there two lusty men, 
both in i^reat-coats, laid hold of me, one on each 
aide ; they said nothing to me at first, but took 
half a guinea in a little box oat of my pocket, 
and Zu that were loose. 

Q. Which man took that?— Canning. The 
man on mv right hand. Thev took my gown, 
apron, and hat, and folded them up, and put 
them into a great-coat pocket. 1 screamed 
out ; then the man that took my gown put a 
handkerchief, or some such thinjjf, to my month. 

Were there any persons walking near you at 
that time? — I saw nobody. They then tied 
my hands behind me ; aAer which one of them 
gave roe a blow on the temple, ami said, Damn 

Tou, ^ou bitch, we'll do for you by and bye. 
having been subject to convulsion -fits these 
four years, this blow stunned me, and threw 
me directly into a fit. 

Are these fits attended with a struggling ? — 
I don't know that. 

What happened afterwards ?— The first thing 
that I remember after this was, 1 found myself 
by a large road, where was water, with the 
two men that robbed me. 

Had you any discoufse with them ?— I had 
none ; they took me to the prisoner Wells's 
house. 

About what timd do you think it might be F 
—As near as I can think, it was about four 
o'clock in the morning. I had recovered from 
my fit about half an huur before I came to the 
house. They lugged me along, and said, You 
bitch, why don't you walk faster? One had 
hold on my right arro,aud the other on the left, 
and so pulled me alontr. 

Can you form any judgment in what manner 
you was conveyed to the place before you re- 
covered of your fit ? — \ think they dragged me 
along hy my petticoats, they beinc^ so dirty. 

When you came to ^^'ells's house, was it 
day-light? — No, it was not; I think it was 
dajvlight in about three hours, or better, after I 
WM there ; which i:$ the reason 1 believe 1 was 
carried in about four o'clock. 

When you was carried in, what did you see 
there? — 1 saw the gypsey-woman inquires, 
who was sitting in a chair, and two young 
women in the same room ; Virtue Hall (the 
evidence) was one ; they were standing against 
a dresser. 

Did you see the prisoner (Wells) there? — 
No, I did not. As soon as I was brought in, 
Mary Squires took me by the hand, and asked 
me if 1 chose to go thf*ir way, saying, if I did, 
I should have fine clothes. I said, No. 

Did she explain to you what she meant 
^y fi^oing their way?— )fo. Sir. Then she 
went and took a knift out of a drever-drawer, 
and cut the lace of my ttoy t, and took them 
from me. 



Had yoo, at thst time, any apprehensions of 
danger ? — I thought she was goiujpf to cut my 
throat, when I saw her take the knife. 

Did you see the prisoner (Wells) at that 
time? — No, I did not. 

Was any thing else taken from yoo ?— There 
was not then ; but Squires looked at my pettH 
coat, and said, Here, vou bitch, you may keep 
that, or I'll give you that, it is not worth mucb^ 
and gave me a slap on the face. 

Had she the petticoat in her hand ?— No, it 
was on me. After that, she pushed me up 
stairs from out of the kitchen, where we were. 

Describe the kitchen ?— The kitchen was at 
the right hand going in at the door, and the 
stairs are near the fire. 

How many steps to them ?— There are ^Nir 
or five of them. 

What did they call the name of the place 
where they put you in ? — ^They cxdl it the hay^ 
loft. The room-door was shot as soon as I 
was put up. 

Was it fastened?— I don't know that; it 
was at the bottom of the stairs in the kitchen. 
AfWr she shut the door, she said. If ever die 
heard me stir or move, or any such thiof, 
she'd cut my throat. 

Did you see any thing brought up to eater 
drink ? — I saw nothing brought up. When 
day -light appeared, I couM see about the room $ 
there was a fire-place and a grate in it, no bed 
nor bedstead, nothing but hay to lie upon ; 
there was a black pitcher not quite full of water, 
and about twenty-four pieces of bread. [A pitcher 
produced in court.] This isthepitclier, wbicb 
was full to near the neck. 

How much in quantity do you think these 
twenty-four pieces of bread might he? — I be* 
lieve about a quartern loaf. 

Had you nothing else to subsist on ? — I bad 
in my pocket a penny mince-pye, which I 
bought that day to carry home to my brother. 

How long did you continue in that room ?-« 
A month by the weeks, all but a few hours. 

What do you mean by a month by the weeks? 
—I mean a four-weeks month. 

Did anjr body come to you in the room dur- 
ing that time ?— No, Sir, nobody at all. Ola 
the Wednesday before I came away, I saw 
someboily look through the crack of the door, 
but don't know who it was. 

Did you, during the time you was in thie 
confinement, make any attempts to come down 
stairs, or make your escape ? — No, Sir, 1 did 
not till the time I got out. 

Had you anv thing to subsist on during the 
time, besides the pieces of bread, penny -pye, 
and pitcher of water ? — No, I had not. 

At what time did you g^t out ? — I got enl 
about four o'clock in the afternoon on a Men- 
day, after I had beeu qonfined there four weeki^ 
all but a few hours. 

How did you get out? — I broke down a 
board that was nailed up at the inside of a win* 
dow, and got out there. 

How high was the window from the groond F 
— ^deecribeditbythehcightof aplaeeiv 



for an Auatdl and Felony. 



A. D. 1759. 



[866 



liSettionK-iioii^r, which was aboiil flight or 

ffinri ill J 4 1 \ Fiftl I ip»t my head oat, and 

1 bj the \fall, autl tfot my body 

hat 1 fnrned [iiyaell rotinil, and 

ifito a Utile ourrow |ilace by 4h lane, 

fr-H brliiud i«, 

• *e jufnfi hurt yoa?— No, il was 

;tii thm ?— It was. 

you do for clolhing-? — I took tn 

' ' J Hiti and n huodkerchiert that 

d'tf and hv in a grate io the 

^i Eiriiijt^ed in court.] 1 made my 

m% gelting' out , the handkerchief 1 

- Oij^ hemil instead uf a cap, it ivas ?ery 

I jroo lk#e any hody when you jumped out 
Um wtii4ow f — No, nobody at atl ; then I 
i Oft Ibe liack-tide the house up a lane, and 
\ ft tittle brook, ami over two tields, as I 
1 dill not take notice how many 
t^^alh-way brought nie by the 
i*«dr. Ttirn I went by the road straight 

If^ knew the way ? — I did not. 
- mil no Cftll at any house ? — No» I did not. 
Ililni» Im o'clock I u»i na 1 came oirer iVIoor- 

' uit a quarter after to my 
nnaribury, 

y b<»dy with your rols' 

— No, ! did not. 

.^^ wifli Hrst? — 1 met with 

At ; then I saw my mother 

J. 8he went intu a til di* 



iBotker 



tb top: 
ttiA lllr 



lirifflili^l 

11^ ' 



oil £r^ipe io aecount to any body how 

n treated ?— Yes, I did to Mrt. 

who catne to see me, that I had 

bread and water. Site waa lO 

the ctiuUi not uvk me any questiona 

Mr. Wiutlfbnry came in, with 

i senrant hd'ore I went to live with 

; he took me by my hand, and asked 

1 had been f 1 said^ Sir, in Hert> 

' ir| ; he aftid, Bet, bow do you know 

J. because I saw my mistresses 

^u by, which she used to go into 

into Hertf(inl«hire, that was Mra. 

I I kuew the coach, because J 

•0 carry ibiogi to it, and fetch them back 

li jton isked any questions about the room 

J IMl Big^bt, and wliat v'fU had to subsist 

I— Yen, Uiere were many people came in, 

1 I loM thi?m \ hnd a jutf which was not 

! fo i ! 'V axked me how much ? 

imi 1 •- Hiter than a g^allon of it: 

Ibty «a^ ' j^»t out Y HUd I said, 

1 livkr tind had toni my 

WriiiKcitmg out, ivuirii bied all the way com* 

Wliai iliingi did you observe io this hay- 
Mi?— Tlicf« was a barrel, a saddle, a basun, 
smI b ibbicco-maQy* 

Wb«t da you mean by a tobftcco-oiould Y — 1 
AMO %mek a tbioK that they do up peiioy- 
»flnkiifftobiic€owith« 



[Cros8^xamination<] 

How lonf^ niii^ht these two men continut] 
with you in Moortit^lds? — About half an hour. 

Did' any body pass by at the lime f — Nohodjf 
at all. 

Was this boXf that contained yonr huirgfuinea| 
taken out of your pocket?— Yes, 8ir, it was. ' 

Had you any thing else in your pocket ? — I 
had a pocket-handkerchief with a pye in it, 
which 1 did not lose. 

Was there any light near this place where ! 
you was ilr^^t attacked ? — There was a lamp. 

Jlafe you recollected how lonff you lay in 
this fit betore yoo CAme to yourself?—! C4inool 
be sure, but it was about lislf an hour before 1 
arrived in Wells^s bouse. 

During the time of your first being attacked, , 
whether you had any degree of sense at all F— < 
Not till half an hour before I came I o that house. 

Had you sense enough of any sort lo know 
by what means you was conducted ? — I think 
they dragi^ed me along: by my petticoats^ tlvey 
were made so dirty ; but J was not sensible. 

Was you in any surprise when she took yoor ] 
stays f — 1 wasiu a great surprise, and atrofii i 
tremble. 

Then how can 3'ou tell who was there at the 
time? — ^The terror made me look about me ta 
see what company was there. 

How long did the two men stay in the roomf j 
—They btayeU no longer than till they saw my 
stays cut off, then they went away, before I 
was put up in the loth 

Did not you make an attempt to get out be* 
fore tliat Monday you talk on ? — I did not 

How came you not to make an ntlcippt be»4 
fore? — Because I thought they might let mo^ 
out ; it ne^er came into my head till thftl 
morning. 

Where was you sitting, when you saw some- 
body peep through the crack of the doorf^ — I 
was walking along the room. 

How wide was this crack ? — It was ibout 1 ^ 
quarter of an inch wide. 

Did not you, in the whole twenty-seven days, 
perceive where you was? — t did in about % 
week after, by seeing the coach go by, ^^l 

Was not you extreme weak ?--l was pretlj 
weak. "f* 

Was you ever that way before ? — Nik" "^l 
never was. . r 

Did not you pass maov houses tn your vray | 
home ? — I did, and asked my way of people on 
the road. 

How came you, being in that deplorable 
csoodition, not to go into some house, and relate 
the hardships vou had ffone through ? — I I 
thnuj^ht^ if I did» may be Imight meet some* 
body lielonging to that bonse. 

Did you see the prisoner (Wells) while yon j 
were in thatconlinement? — I never mw her in ( 
the house stall till I went down afterwardtt 

Had you any of your fits while in that room t 1 
-*I had not, but waa liuotiiig and sick. I 

Squire*. 1 ne?er saw that witness ia my life» 
time tiU Uii# day three weeki. 



S67j 



25 GEORGE II. 



Trial ofM. Squires and & WdU^ 



[268 



Uovr was the prisoner (Squires) dressed, 
wheo you was carried in ? — She was sitting in 
her (To^Df with a handkerchief about ber head. 

Did joa never, during all the time, try if Ibe 
4oMr was fastened or not? — 1 did once push 
•gaiuRt it with my hand, and found it fast 

Had you used to hear any body in the 
kitchen F — 1 beard people sometimes blowing 
the ftre, and pttsing in and oat. Tliere was 
another room in ivhioh I beard a noise at 
nights, but the house was very quiet in the 
day-time. 

Did you eat all your bread ? — I eat it all on 
4he Friday before I got out ; it was quite bard, 
and I used to soak it m the water. 

When did you drink all your water P — I 
drank all that about half an hour before I got 
out of the room. 

(Upon being asked where she did her ooca- 
■aions while in the room, she answered, she never 
had had any stool while in eou6nement, she 
bad only made water.) 

Virtue Rail examined. 

Hall. I know the two prisoners at the bar ; 
Wells lived at Enfield -Wash ; I went and 
lived there as a lodger. Mary Squires lived 
in the boose, and had been thereabout seven or 
eight weeks. 

Q, How long before E. Canning was brou^ 
in ?~^HalL Abont a fortnight before, which 
was on tbe 9d of January, about four in the 
morning ; .she Was brought in there h}f two 
men ; John Squires was one of them, he is son 
to Mar^ Squires ; the other man I don't know 
any thing of; 1 never saw him before. 

How was she dressed when brought in ?— 
She had no gown on, or bat or apron. 

Who was in the house at the time? — There 
was I and Mary Squires, the prisoner and her 
daughter. The gypseyman said, Mother, I 
have brought you a ^rl, do you take her : 
then she asked £. Canning, whether she would 
go her way ? 

What dfid she mean by that f— She meant 
Ibr her to turn whore ; but she would not. 

-Do you mention this by way of explanation, 
or as words that she said r — As words that she 
•aid ; then Mary Squires took a knife out of a 
drt»iRer-drawer in the kitchen, and ripped the 
lace of her stays, and pnlleil them off, and hung 
them on the back of a chair in the kitchen, and 
pushed her up into the room, and said. Damn 
70U, go up there then, if you please; then the 
man that came in with the gypsey's son, took 
the cap off E. Canningf's head, and went out a 
doors with it ; the gypsey-man John Squires 
took the stoys off tbe chair, and went out with 
them. 

Where was E. Canning, when the two men 
took away tbe things ?— She was then up in 
the room. 

Had you ever been in that room?— I had, 
before she was brought there, several times. 

What was the uame they call it by ?— They 
call it by the name of tbe workshop ; there 
wai a great deal of hay in it^ they only p«t 



lumber in it : there was a great many pieces 
of wood, a tobacco -mould, and this black jug; 
about three hours after the young woman was 
put up. Nary Squires filled the jug with water, 
and carried it up. 

How do you know it was three hours af\eip 
—Then it began to be lightish. 

Did you hear auy talk between them aflcr 
she I was iu the room? — They took care I 
should know but little. 

Has Susannah Wells a huslraod? — No, sho 
has not : when I went out of the kitchen, I 
went into the parlour ; Wells said. Virtue tid^ 
the gipsey<man came in and told me, th«t his 
mother bad cut the stays off the young woman's 
back, and he had got them ; and she bid no 
not to say any thing to make a clack of it| 
fearing it should be known. 

How long was you in that house ? — I wis 
there a quarter of a year in all, if not more ; I 
was there the whole time E. Canning wif 
there ; but I never saw her once after she wat 
put up into that mom. I was the first that 
missed her ; I asked the gypsey-woman onoi^ 
whether that girl was gone ? She anaweied» 
What is that to you, you have no busineH with 
it : but I durst not go to see if she was gone.; 
if I had, very likely they would have served 
me so. 

Did you ever see the other man after that 
night? — No, I never did. 

Who lodged in the house at tbe time bcsidci ? 
—There was Fortune Natus did. 

Did Mary Squires continue in the bouse hwf 
after this ? — She did, till we were all taken ujb 
which was, I think, on tbe l*hursday after tbe 
young woman was gone. 

What was you in that bouse ? — I went tboe 
as a lodger ; but 1 was forced to do as they 
would have me. 

Mary Squires. What day was it that tbs 
young woDuin was robbed ? 

Court. She says on the morning of the Sad 
of January. 

M. Squires. I return thanks for telling mc^ 
for I am as innocent as the child unborn. 

Wells. How long were these people (mean- 
ing the gypsies) at my house in all, from fiial 
to last ? 

Hall. They were there six or seven weeks 
in alt ; they had been there about a fortnight 
before the young woman was brought in. 

Did you ever see this cap or bed-gown b^ 
fore ? — Not to my knowledge. 

Thomas ColUy sworn. 

Colley. I am E. Canning'8 uncle ; I live at 
Sah-Petre Bank ; on the New -year's day sIm 
dined and supped at my house, aud went away 
about niiip in the evening, as near as I cas 
guess ; I and my wife went along with her to 
Uoundsditch, almost to the blue-Ball ; tbcfO 
we parted with her, about a quarter or very near 
half an hour afier nine o'clock. 

How was she cloth^?-^he bad agow% 
bat, and white apron on. 

2 




Jbr an AstauU and FeUmy* 
SUmbeth Cunning gw^rn. 



A* D. 1753. 



[270 



Canning, E, Canning that Ims gifen her 

Viirfrnr*' h my ilaoghter ; after ebe was miss- 

1 I Nei»-year*3 day, I adv^rtiiieil her 

I ^ L*s ; »he cmme biick on the day before 

• ^mi^ i^harlrs^s >I«riyvdom, about a quarter 

leu u*cl<ickat nifi^fit ; she liad nothing but 

bed-gown and a cap; 1 feiJ into a 

tly ; my dau lighter is subject to tits ; 

vrfi« ■ i;aiTet-cieling feU in U|Km her 

-Mhicb first occasioiieil llieni ; and at 

when any botly speaks hastily to lier, or 

my "-uriH ize, she is »efy liable to fall in 

«he Ua^Jiometimescoohiiued in one seven 

;lil hours, sometimes three or lour; fche 

seDsibie during the time she is in one, 

va more than a ne^v-born babe ; when 1 came 

to myself, my daughter was lalkinir to Mrs. 

Wooilward aud Mr* Winilebury ; they asked 

W where she had been ? she said on the Hert- 

Ibrdtbire road, winch she knew by seeing a 

going by ; she t*af e the same account 

here. When site came into her warm 

m waa fery sick, and ii»d no free pamage 

her fbrsKKiI or urine, till she was sup* 

plied with glv^ers, for se^'en days after she 

ttmt hmne, but what fi-aslbrced by half a cup* 

fm ft a time* 

John WintUburtf sworn, 

Wmlffbufy. I fa\T EH^stWth Canning the 
ai<^bt she came home ; she appeared in a rery 
m fondiliun, and bud this dirty bed-gown and 
Cip OQ. Hearing she was come home, 1 went 
taher mother^s house, and ftaid, Bet^ how do 
lott do? She said, ! am very bad. Said I, 
Where hatt; yim been? 8he said, I have been 
lomcwbere on the HertfordsbiiT road, because 
Ihtfe seeti the Hertfordt>hire coach go back< 
Nrdt and forwards. 

4. Hare yon heard the evidence she has 
fi^B here in court .^ — WintUhury, I have; 
ibffave the same account Uiat nijrht, but not 
^wfe so fully that tii^ht, as she did before the 
atiiiHf ahlermijn on the Wednesday after; hut 
^larreea with whiit she has said here. 1 found 
iNrin a great Uurry, so did not ask her many 
fMoQS that night. 

Jouph Adamton sworn. 

iiam$on. 1 ^lave known Elizabeth Canning 
i|youugerson»e years. I never saw her after 
iktcame homci ^>1l t^^ ^^y ^'^ wettt down to 
like the peuide up. I, and several neighbours 
•f «t, ai^'reed to go to the [dace, aome on horse* 
bek, And some in the coach with E, Canning. 
1 Wis down about au hour, or an hour and 
Mf, before the coach came, and hiiil secured 
•II the people we found there. 1 seeing the 
J^iim benwe she wa^ brought in, thought she 
^ capable of giving some account of it: I 
keil to uieet her find asked her about it ; 

^ • * the room with some hay in it, a 

tiiii in the corner of it, an odd sort 

•'f -i. ' P..|MN room. 1 went with her to the 
Wasc, Mud carried her ont of the chiise into 



the kitchen, und set her on the dresser, and of- 
tiered all the people to bt brought to her, to see 
U nhi} knew any of ihern; she was then very 
weak. 1 took her in my arnns like a child. 
Upon seeing Mary 8qnires, she said, That is 
the woman that cut my stays off, andthreateu* 
ed to cot my throat if I made a noise, . 

Q, l>id any of the people aeem un#f ITing to 
be inspected ? — Adamson, Yes, Ihey were very 
un witling to be stopped, %vhen we went down 
in the morning, particularly Mary Squires ; 
after the girl had saiij thi«i of Squires, Squires 
said to her, She hoped she would not swear 
her life away» ft)r she never saw her before. 
E, Canning pointed to Virtue Hall, and said, 
That young' woman was in the kitchen when 
I was brought in : she pointed also to another 
young woman, and tJaid, she was there at the 
time. Then we carried her up to examine the 
housb ; she saiii, none of the rooms ^he had 
seen, was the room in which she was confined. 
Then 1 asked if there were any other rooms; 
they said. Yes, out of the kitchen (I had before 
been in it, but did not say so then, because I 
hftd a mind to see if she knew it). We had 
her up into it ; she said, This is the same room 
in which 1 was, but here is more hay in it than 
til ere was then : I laid my Ifiind upon it^ and 
said, It baa lately been shook up, it lay hollow. 
She was then pretty near a casement ; said 1« 
If you have been so long in this rooin^ doubt* 
less you are able to say what is to be seen out 
here. She ilescribeil a* bill at a distance, which 
is Chinkford-hill : 1 believe she could not see 
it at the time she spoke about it, for I was be* 
tween her and the casement, with my back to- 
wards the casement. Rhe also ssid, there were 
some houses on the other side the lane ; then 
I opened the casement, we locked, and it was 
05 she had d^cribed. I askt d where was the 
window she broke out of? she sheweii it ug 
(there were some boards nailed up against it), 
aod said. That is the window I nied to see the 
coach go by at: then we pulled down the 
board ; it was big enough for me to have got 
out of it ; it appeared to me to be the same 
window, before she came to the house, for I 
saw some of the plaister brokt* off on the ottt- 
aide ; that window was one story high. 

Edward Lj/t>n sworn. 

Lyon. The young woman lived servant with 
me till she was missing. I live in Alderman- 
bury, I was one of the pei^sons that went down 
to Wells's house. I went after the rest of the 
gentlemen on the Ist of February ; we were 
there some time before she came, aiid had taken 
the people up ; when she came, she was car- 
ried into the kitchen, and <:et on a dresser, and 
the people ^et all wround her: 1 said to her, 
Bel, don't be frightened or uneasy, you see 
your friends about yon, and on the other hand . 
don't be too sure, without you really can swear 
to what you say» therefore be very careful. 
She pitched upon !\Iary Squirei^ to be the per- 
son that cut her stuys on ; she pitched u|)on 
a young woman that was said to be daughter 



2T1] 



25 GEORGE 11. Trial ofM. Squires and S. Jf^elU, 



[878 



to Mary Saairef, and nid, she was in the 
kitchen at the time, and likewise Virtue Hall, 
but said they did nothing to her. This hiack 
jag was brought down, a bason, and the to- 
bacoo*mould : she said, they were both in the 
room where she was confined ; she had de- 
scribed this jug before, and said it was broken 
at the mouth, as it now appears to be. 

Robert Scarrat sworn. 

Scarrat, I went down to Enfield- Wash; 
there were six of us in all : her mother and two 
women were with her in the chaise ; she de- 
scribed the fields, and likewise a bridge, that 
night she came home, near the house ; I ask- 
ed her, if she perceived a tanner's house near? 
she said, she believed there was. 

Q. Ha? e you heard the other evidences that 
went down give their evidence? — Scarrat. I 
liave, and what they have said is the truth, 
which I heard also ; I also heard E. Canning 
examined before the sitting alderman, she gave 
the same account she has done here. 

Was John Squires in the room at the time 
she pitched upon his mother and the rest ?» 
He was ; she said she could not swear to him ; 
he had his great coat on at our first going there, 
but he had pulled it off; she said, he looked 
like the person, but she could not swear to 
him ; they made him put his great coat on 
betbre the justice ; then she ssid, he looked 
more like one of the two men that brought 
her there. 

Edward Rostiter sworn. 

Rouiter. 1 went down with the rest on 
the Thursday. 1 heard £. Canning examined 
before Mr. Tashmaker the justice ; she gave 
the same account then as nowc; she said, Johu 
Squires was much like one of the men, when 
he had got his great coat on ; she said she did 
not see vVells iii the house, but she once saw 
her out at a window, but did not know she was 
the woman that belonged to the house. 

Sutherton Backler sworn. 

Backkr, 1 am an apothecary ; I saw £. 
Canning the day after bhe came home, on the 
^th of January about noon ; she was extremely 
low and weak ; 1 could scarcely hear her speak, 
her voice was so low, and her pulse scarcely to 
be i'elt, with cold sweats ; »hc told me she had 
no passage during the whole time of her con- 
finement ; she was then in such a condition, 
she had a glyster administered the same day ; 
she had many glystcrs given her, which after 
some time relieved her. 

Q, Whetliera person that is extremely costive 
caimot subsist longer without food, or with lesit 
food, than a person that is not so ?^Buckler. 
I cannot answer to that. 

Each of the persons that said they went 
down to take the prisoners, were aske<l where 
they went to ? and answereil, to Eofield-Waah, 
the house of the prisoner Wells. 

Mary Squires said nothing in her defence, 
but called the following witneiscit ' 



John Gibbons sworn. 



Gibbons. I live at Abbotabury, six miles from 
Dorchester ; 1 am master of the house called 
The Old Ship ; on the ist of January 1753, 
the prisoner Squires came into the boiise ; 
there was George her son, and Lucy her 
daughter with her, as she called them ; she 
came with handkerchiefs, lawns, muslins, and 
checks, to sell about town ; she stayed there 
from the Ist to the 9th day of the monlli, and 
lay at my house. 

Q, How long have you kept that house P— 
Gibbons. 1 have kept it two years, come Lady- 
Day. 

Look at the woman, are you sure thai is 
she ?— [He looks at Squires, and says, 1 an 
sure it is.] 

[Cross-examination.] 

How long have you known her?^I bare 
known her three years, and have seen her 
there three years ago. 

How long have you lived there P — I was 
bom at that town : 1 am a married man, bavt 
a wife and one child ; 1 was bred in the ftrm- 
ing way at Fisherton. 

By what do you recollect the day P — There 
came an exciseman to officiate there for one 
John Ward that was sick, and I put the day 
of the month down when he came ; the excise* 
office is kept at m v house ; the man that < 
was Andrew Wicks, or Wick. 

Did you see the prisoner sell any of t 
goods you mentioned ?— No, 1 did not ; thsf 
offered them to sell to me, and others ; ny 
wife bought two check aprons. 

William Clarke sworn. 

Clarke, I live at Abbotsbur^, and have ftr 
seven years ; I remember seemg the gypsev 
there ; the last time 1 saw her was on the lOta 
of January last ; I met with them on the road ; 
we went some way together ; we parted at 
Crude way- foot, four miles from Abbotsbaryi 
and three from Dorchester. 

Q. Where were they going? — Clarke, 1 
cannot tell that. 

Had you ever seen her before ? — f saw her, 
and her son and dau}i:liter, three years age 
come March, at Abbotsbury ; they came with 
handkerchiefs, lawns, and muslins to sell: I 
saw the landlord's wife at the Ship buy soma 
aprons of them the last time they were there. 

[Cross-examination.] 

How came you to take |>articular notice of 
the day? — By keeping; my other accounts; I 
carried goods out with me the same day t* 
Porters ham. 

Have you your book w ith you ?— No, I haf* 
not ; hut I cannot forget the day, because 1 dt 
not go so often. 

Which way were they going?— They 
making for London ; they talked so. 

Did they give you any account to 
place they were bound next ?— They did not; 



S73J 



Jot an Auaidi and Feimy. 



A. D. 17M!, 



fS74 



_ mi 111 iff man'i house (poiQlIng to 
i) at /IU¥)Wbury* 

joo u%^ them lliere ?— I did, on the Isl 
nuy : I commtHilj go there of an avta ' 
hmwe « |>(it hi' liquor, 
jofi rememl»er when you kept ChrUt- 
ij ? — I do pot. 

toa gtf « »oy account of New Stile or 
N&, I cannot ; btit if ] was lo die for 

rU spcuk ihetrulU. 
wms the clothfcl there j* — The ^ame as 
lite »an irt >i tiluc co»t and a red want- 
hmA a great coat with hiiu. 
WImI 9xe ta he T*^ lie is about Arc foot 
•r tig^ inebea high ; the girl was in a 

rrnnv yoa aaw her the time you men* 
f — I nuAcitakc to swear positifely to thai, 
1 tmm bertbrreon the isit of January last, 
Jukvt on the Oth or lOth afternanls ; and 
llirai going' about the town iu the tiuie. 

Wild 9m jtm f — I am a house* keeper, and 
about %i\ yearii ; I am a 



mean last 



Tkemai G revit U sworn. 

Qrtwiiig. I lire at Coonihc, three milpa from 
' \ I kerp a public-house there, the 
|tf me Lamb ; I saw Mary Squires at my 
I oai ibc t4th of January. 
flow tiMoy miles is Coombe from Dor- 
r ? — Grtxilk, i cannot tell. 

ma with her tJiere ? — Tliere was her 
licf brother, as shf* said ; Ifiey sold 
y kwiTS, and such thm^. 
' did ahe atay at Coombe f — They 
\ tot one uight. 

[Crota -exam [nation*] 

^HVll Jaoiitry do you mean ?— I 
■Wwiry.ttf^ «vedc8 ago W%i Sunday 

Bwiasie you to take such particular notice 
rfif— TbtTif wu a carpenter at roy house; 
btefipMiS the biiFgcat part of his money ; it 
^My lioBday night* 1 would have him ^o 
4iol bia ImtbeMi and put htm out of the 
Wviiwii or threv ttmesp and aftcrr that he went 
wm lb« way to another hotise, and pawned 

wkoefiaes shewed their tub- 
, m lh« cause of their coming to gtf e 

Mn IiUitr sworn, for the Crowu* 

I aril ftsb aud oysters about Wal- 

K istd Thmibalds. J know the pri- 

wpI\ hv jiicrht ; the la&l lime 

Qrr lite time the* was 

U 1 uite; before that I 

I km 9ef €ral timet every day up and 

f brftTT? the was tnketi* 

' un of that ? — Inner, I 

<- wfvka before ; that 

LHalk^il li Mi«i, pretending to 

iiieoucet 

I JOOMC any guodi mc had to sell ?«— No^ 

XLX. 



I did not ; I always saw her by herself. I 
saw a young man tn blue-grey when sfje waa 
taken up> and two youug women^ all takeo iu 
the fiousc of Welitt 

Wells being calleil upon to make her ile- 
feuoe, said. As to her character, it was but an 
iodifierent one ; that she had an unfortunate 
husband, wfto was hanged; and atl4ed, she 
never sax? the young woman (meaning £. 
Canning) till they came Ui take ii$ tip \ and as 
to Squires, she nercr saw her above a week 
and a day before they were taken up. 

Mqutres Guilty, Death. ^Vells Guilty. 

Squires, the last ^ny of the sessions, being 
asked what she had to say before ahe rccdved 
sentence, answered, '♦ That on New-year*e day 
I lay at Coombe at the widow Gre?ille*s house; 
the next day I was at Sto[»tage ; there were 
some people n ho were cast away, and they ram# 
along with mu to a little house on the top of the 
moor, and drank there; there were my son and 
daughter with me. Coming along Popham- 
lane, there were some people rakiDi; up dung. 
V drank at (he second ate-honse in BasinfiTstoke 
on theThursday in theNew.yearweek. On the 
Friday I lay at Bagshot -heath, at a little liney 
house on I he heath. On the 8atuiday t lay nt 
Olil Brentford at Mrs. Edwftrd»*s» who liella 
greens and small beer, I oould have told this 
before, but one pulled me, and unoiher pulled 
me, and would ni)t let me speak. I lay at Mr?<. 
EdwardsV on the Sunday and Monday ; and 
uti the Tuesday or Weiluesday after, J came 
from tbetice to Mrs* Welk'a house at Enfield,'* 



The time drawing near for the Report of the 
convicts, sir Crisjt Gascoyne laid before hia 
Majesty 1 not only the whole Evidence piren at 
the Trial ; hut also the several 1 nfunnatioos and 
Certificates he had received since her copvic- 
tiiiu, accorapaDied by the folio wiog Memorial : 

To the KiN0*s Most Excellent Majesty. 

*^ May it please your majesty to permit your 
dutiful subject, the lord mayor of your faithful 
city of London, with the most profotmd hu- 
mility and respect to represent to your majesty, 
that before the Trial of Mary Inquires, for tha 
robbery of Elizabeth Cauniog, and of Susannah 
Welli,'^ as accessary, many unfair representa- 
tions were printed and dispersed, which could 
not fail to excite public prejudice against iheui , 

'» The fotal consequence whereof, iu depnt- 
iug those unhappy wretches of a material jiart 
of their evidence^ engaged me, from the hi^j^h 
station 1 have the honour tr> bear, to expre&« 
my duty lo your majesty, and the public, by 
tnaking this inquiry, 

*^ lo which the utmost caution has been ob- 
served.^All the witnesses have been strictly, 
separately, and publicly examined, aud iheit 
credit well certified. 

'^ Many other informations, to the same 
effect, have been offered ; but I declined trou* 
bling your innjesty with further evidence, %% 
liumhly appRhendlng it totally unuectssary, 

T 



275] 



26 GEORGE II. 



Trial of John Gibbont and others. 



[876 



« In the course of this inquiry, Virtue Hall, 
a principal witiiess, Yoluntarily and publicly 
retracted the whole of the evidence she ga?e 
upon the trial. 

" To this I presume, hv your n^^esty's 
leare, to add, that amidst all the exaroinatioDS 
I have taken, there has not appeared any va- 
riation or inconsistency, or the least circum- 
stance or suspicion, that could lead me to doubt 
the innocence of those unhappv convicts. 

*< All which is humbly submitted to your 
majesty's great wisdom and judgment, by 
your mtyesty's faithful subject, 

" Crisp Gascoyne, Mayor.*' 

«> On the 10th of April following, the Report 
was accordingly maue of the convicts under 
sentence of death ; when his majesty was gra- 
ciously pleased to respite the execution of 
Mary Squires for six weeks ; and to refer the 
consideration of the evidence on both sides (for 
evidence against her had been presented) to his 
attorney and solicitor-general. — Soon after the 
attornejT and solicitor-general made their Re- 
port, with their opinion, That the weight of 
evidence was in the convict's favour : where- 
upon his majesty was graciously pleased to 
grant her a free pardon.'' Thus far from sir 
risp GasGoyne's Address to the Livery, p. 
26, 27. 



The friends of Canning, in their Refutation 
of sir Crisp Gascoyne's Address, say, " Bat 
of the purport of this Memorial, and what in 
particular was annexed to it, the friends of 



Canning were totally ignorant till the publica- 
tion of The Address ; and therefore ooohl not 
examine any witnesses with a nartic«lar Tiew 
to contradict it. They had indeed, upon the 
recantation of Virtue Uall, taken some aflida- 
vits to prove, that the gypsey was at Enfidd 
when the robbery was committed ; and the 
duke of Newcastle (on whom the][r waitedl 
having acquainted them, that his m^|esty had 
referred the consideration of the cTidenoe on 
both sides to his attorney and solicitor general, 
they took many other affidavits to profe the 
same facts; but when these affidaviti wwe 
presented to the attorney and solicitor gencnl, 
they rejected them, because they were not at 
liberty to examine any evidence that was tahn 
after the da^ of reference : It necessarily Ill- 
lowed therefore, that the weight of evimiea 
was in the convict's favour ; and so it was n- 
ported, and she pardoned. Upon thia view 
of the case, however, it does not become ia 
any degree more prolmble, that she was inno- 
cent." See the Refutation of au* Crjap Git- 
Coyne's Address to the Livery, in fo1k>, p.~18. 

These friends of Canning likewise gave ai 
answer to sir Crisp's Memorial presented to 
tht king, Sec. But sir Crisp's AddreaSy and 
Canning's friends' Refutation of it, make two 
large folio pamphlets; and* the many other 
pamphlets published on lioth sides at that timc^ 
are too numerous to insert here, or take any 
notice of; and, as Canning's friends thought^ 
did not clear up that mysterious affair ; jpn- ' 
bably the following trial of Canning, for neqnry, 
may be said to have done it. Former jEMUm*. 



53L Tlie Trials* of John Gibbons, William Clarke, and Thomas 
GuEviLLEjt for Wilful and Corrupt Perjury, at tbe Sessions 
House in the Old-Bailey, held on Thursday the 6th, Friday the 
7th, Saturday the 8th, and Monday the 10th Day of Septem- 
ber, before the Right Hon. the Lord Chief-Justice Willeii 
William Moreton, esq. Recorder, and other his Majesty's Jus- 
tices of Oyer and Terminer : 26 George IL a. d. 1753. 



Robert Qroom, 
John TrimoMry 
Joseph Tenniswood, 
Richard Graham, 
John Allen, 
flenry Bland, 



Jury. 

William Remnant, 
William Champion, 
Barnard Townsend, 
Bartholomew Pain, 
John Merry, 
ftiamuci Watlington. 



According to the course of Uie court, 
the Trials of Gibbons, Clarke, and Greville, the 



* Mem. Sir Crisp Gascoyne, knt. lord 
mayor of London, withdrew when these trials 
bame on, as he always declared he woold. 

t *• These Abbotsbury witnesses were in- 
dicted for perjury, for the evidence they gave 



three Abbotsbury witnesses upon the trial of, 
Mary Squires tur the robbery of Elizabeth 
Canuinflf) being called on, the ri;;ht honourable 
the lord mayor quitted the chair, and retired 
out of court. But in order to remove the in* 
dictmcnts into the court of King*8-bench, and 
to supersede the jurisdiction of this Courts 
three iiarchmcnt writings, said to be writs of 
Certiorari, were presented to the Court : where- 
upon Mr. Davy, of counsel for the defendaoti^ 

in the trial of Squires and Welk. Canniog'a 
friends had moved the court of King's-beuch 
for a Certiorari to remove the indictment, whiok 
had been refused. But tbe attorney for bm 
iuif ted, Uiat according to ancieiu pra^^oa, • 



pn 



Jot Wilfid and Corrupt Perjury* 



1753. 



bforroed ihe Court, tbol he was g really suiv 
kritcd at this ittemiit, tidt mily as the court of 
fcteVbericb had, on the last day ot last term, 
ibidlttteUr refused to grant these wi its^althouijh 

Kpjtpd lot hy the prosecutors ; but as the de- 
iidants bad actpu so ?ery fairly, as to have 
flf^A them (what tbey wei e not obhged to give) 
m^l days notice of trial, and had tiow ti?ar 
t& hnndred wirnesses atieitdiu^^ noany of them 
IrMfllt from g^eat distances, at a vast expetice, 
ilP manifest the innocence of the defendants lo 
Ike worid. Upon which the per^n who at- 
Wfilh t!»esc wriN, being asked by the 
Who he was? How he came by them ? 
how those writs had been ubtaiaed? fie 
led the Court, that he was clerk to Mr. 
I, (an atloroey) who was out of town ; that 
Ifcbftd the writs delivered to him by Mr. Miles's 
Ivoilier, ihe distdler ; and that he himself 
Imw nothing further of the matter. Which 
r not being satistactory to the Court* the 
Cauit wag pleased to order bim to take the 
wnti back again, to recotnmend an iumury 
bow these writs had been olHaiued, and the 
tnik to be called on. Whereupou the jury 
were charged with the following indictment 
ifiinit John Gibbons : 

Fm&T iNPtCTMENT. 

London* The jurors for our lord tlie king 

Certiorari might he obtained by application to 
t jiNtge during a vacatiODf at the instance of a 
preaecutor in a criminal cause, as a t\iatter of 
ii(hl; because it is the king's privilege, who 
in criminal causes is the plaintiff^ to sue in what 
cwjrt he will. Therefore the attorney for 
Ckaoifig was un nil ling to try tbem at the Old 
Bdley, where sir Crisp Gascoyne bad a seat ; 
lad went down to Tottt ridge, to lord chief jus- 
tice Lee*8| and got his hand to the Fiais ; upon 
*hieh the Certioraris were issued out to re- 
Wift the indictment into the court of KingV 
kflch ; and next term a nintion was made to 
taforce a return of them. Upon this motion a 
roll was rnade, for the Court at the Old Bailey 
l^i&ew cause, why a return should not be en- 
fcfeed. The allomey against her prayed a par- 
ticaiar day, which was allowed ; and be under- 
Hok to be ready on that day. He moved, (hat 
IbGertioraris might be superseded; alledging, 
^ tfie lord chief justice had been impo<}ed 
^an in signing the fiats : but bis lord&bip not 
Nii|P presetiti a rule was made for hearing the 
Mtlof that suggestion at a future day. Un 
1^ future day the counsel for the country- 
Qeo niof ed, that the writs miijht be superseded, 
h (be absence of the lord chief ju&tice. But 
U the motion to supersede these writs was 
fooiNled on a suggestion, that the lord chief 
ioniee bad been imposed upon ; and as none 
^ Mt kkrdship could know, whether be was 
upon or no ; both motions were or- 
to sund over, till his lordship shouhl be 
Lt: hut as be died without ev^r coming 
court al'terwardsi the writs are not super* 
Mad to this hour.'* Refuution of air Crisp 
C««oojDe*i Aildress to the livery, p* SO, 91. 



upon their oath preseut, that at the delivery of 
the king's ffaol «f Newtjate, holdeu for the 
county of A]idd1escK» at Just ice- hall in the 
Old Bailey, iu the suburbs of the city of Lon- 
don, on Weduesday the Slst day of February, 
in the 26th year of the reign of our suvereijfa 
lord George the second, king of Great Britam, 
&c. before sir Crisp Gascoyne, knt. mayor of 
the city of LondoUi sir Martin Wright, knt. 
one of the justices of our said lord the king, 
SBsigued to hold to bold pleas before the king 
himself, Nathaniel Gundry, esq, one of the 
justices of our said lord the king of the court of 
Common Pleas, sir Richard Adams, knt. one of 
the barons of the court of Exchequer of our said 
lord the kiog, and others their I el lows justices 
of our said lord the king, assigned to deliver the 
gaol of our said lord the king, of W wgate, of the 
prisoners therein being, Mary Squires, late of 
the parish of Enield, in the county of Middle- 
sex, widow, was tried and convicted upon an 
indictment against her, for that she, on Ihe Sd 
day of January I in the 36th year of the retgn 
of our sovereign lord George the 2nd, king of 
Great Britain, &c. with force and arms, at the 
parish aforesaid, in the county albresaid, in the 
dwelling- ho use of one Susannah Wells, widow, 
there situate, upon one Elizabeth Canning, 
spinster^ in the peace of God and our said lord 
the king then and there being, feloniously did 
make an assault, and her the said Elizabeth in 
bodily fear and danger of herlilistheo and there 
feloniously did put, and one pair of stays of tlie 
value often shillings, of the goods and cbatlets 
of the said Elizabeth, from the person and 
against the will of the said Elizabeth, in the 
dwetling-house aforesaiil, ^l^^u and there vio- 
lently and feloniously did steal, take, and carry 
away, against the peace of our i^aid lord the 
king, his crown and dignity. Upon which 
same trial, one John Gibbons, late of Abbots* 
bury, in the county of Dorset, uctualler, ou 
the 21st day of February, in the year aforesaid, 
to wit, at Justice-hall aforesaid, in lite parish 
of ISt. Sepulchre, in the ward of Farringdon 
Without, in the city of London, came in hii 
own proper person as a witness on the be- 
half of the said Mary Si[uires, of and upoD 
the matters contained in the said indict- 
tuent I and Ihe said John Gibbons, then 
and there in the court aforesaid, before the 
said justices last abovO' named, and others 
their fellows assigned as atofesaid, upon the 
trial aforesaid, was in due munner and form 
sworn, and took his corporal oath unon the 
holy gospel of God, as such witness (the same 
Court then and there having a sufficient au- 
tboriiy to administer the sume oath to the said 
Mm Gibbons in that behalf.) And the said 
John Gibbons, on the said 2 1st day of February, 
in the year aforesaid, not having God before 
bis eyes, but being moved and seduced by the 
insligalion of the devil, and wickedly and un- 
justly devising and intending to pervert justice, 
and to procure the b lid Mary 8t|uires unjustly 
lobe ac()iiitted of thcsaid crime laid to her 
charge to the aeid indictment^ tbeo and there 



279] 



26 GEORGE n. 



Trial of John Gibbons and ntherst 



[SSO 



upon the trial aforesaid, upon his oath afore- 
8ai<^, falsely, inaliciously, wilfully, wickedly, 
and corruptly, did say, depose, swear, and 
give in evidence to the said Court, and the ju- 
rors of the said jqry , upon the trial aforesaid, as 
follows, {that is to say) on the 1st day of Ja- 
nuary, 17^3, (meaning the year of our Lord 
17.53) the prisoner Hquires (meaning the above- 
named Mary hSquircs) came into the house 
(me.r.iin|r the house of the said John Gibbons, 
at Abiiutsbnry aforesaid, in the said county of 
Diirsiit.) There was George her son, (meaning 
George the sun of the said Mary Squires) and 
Luc V her daughter (meaning Lucy the daugh- 
ter ol the said Mary Sciuires) with her f mean- 
ing the said Mary Squires.) And that tlic said 
John Gibbons, upon the trial aforesaid, upon 
Ills oath aforesaid, on the saiil Slst day of Fe- 
bruary, in the year aforesaid, at Justice-hall 
aforesaid, in the parish of St. Sepulchre aful-e- 
aaid, in the wsrd of Farringdon Without 
aforesaid, did falsely, maliciously, wilfully, and 
corruplly, say, depose, swear, and give in evi- 
dence as follows : she (meaning the said Mary 
Squires) came with handkerchiefs, lawns, mus- 
lins, and checks, to sell about town (meaning 
Abbotsbury, in the county of Dorset); she 
(meaning the said Mary Squires) stayed there 
(meaning at Abbotsbury in the said county of 
Dorset) from the Ist to the 9th day or the 
month (meaning from the 1st to the 9tb day of 
the naonth of January, in the said year of our 
l^rd 1753,) and lay at my house (meaning 
the house of him the said John Gibbons, at 
Abbotsbury aforesaid, in the said couuty of 
Dorset.) And the said John Gibbons, then 
and there, upon the said trial being demanded 
to look at the said Mary Souires, then a pri- 
soner at the bar there, and being asked whe- 
ther or not he was sure that she was the same 
Mary Squires, whom he had so as aforesaid 
deposed and sworn to have come to his said 
house at Abbotsbury aforesaid, on the said Ist 
day of January, in the said year 1753, and to 
have stayed there from the said 1st day of Ja- 
nuary aforesaid to the 9th day of the saiti 
month ; he the said John Gibbons, upon the 
trial aforesaid, upon his oath aforesaid, in answer 
to the said demand and question, did falsely, 
maliciously, wickedly, wilfully, and corrnptlj^, 
further say, depose, swear, and give in evi- 
dence as follows : 1 (meaning himself the said 
John Gibbons) am sure it is (meaning that he 
the said John Gibbons was sure that the said 
Mary Squires, then a prisoner at the bar there 
upon the said trial, was the same Mary Squires, 
whom he the said John Gibbons had as afore- 
said deposed and sworn to have come into his 
said house at Abbotsbury aforesaid, on the 
said 1st day of January, in the year of our 
Lord 1753, and to have stayed there from the 
said 1st day of January, aforesaid, to the 9th 
day of the said month.) Whereas, in truth 
and in fiict, on the said 1st day of Jaooary, in 
t)ie year of our Lord 1753, the said Mary 
Squires did not come into the bouse of the said 
ypbn QiUmaat Ahbotshary, in the nid eomity 



of Dorset. And whereas, in truth and in fael, 
the said George, the son of the said Mary 
Scjuires, and the said Lucy, the daughter of the 
said Mary Squires, or either of them, were not 
in the house of the said John Gibbons, at Abbota- 
bury aforesaid, in the said county of Dorset, on 
the said 1st day of January, in the ^ear of our 
Lord 1753, with the said Mary Squires. And 
whereas, in truth and in fact, the aaid Harjr 
Squires did not stay at Abbotsbury, in the said 
county of Dorset, from the Ist to the 9th day 
of the mouth of January, in the said year of 
our Lord 1753. And whereas, in truth and in 
fact, the said Mwry Squires did not lie at the 
house of the said.u>hu Gibbons, at Abbotabory 
aforesaid, on the said 1st day of January, in the 
year of our Lord 1753, until the 9th day of the 
same month. And whereas, in troth and in 
fact, the said Mary Squires did not lie at the 
house of the said John Gibbons, at Abbotabory 
aforesaid, on the said 1st day of January, in the 
said year of our Ijord 1753, nor on the said 9th 
day of the said month of January, in the year 
last-mentioned, nor at any time between the 
said 1st day of January, in the said year of onr 
Lord 1753, and the said 9th day of the mom 
month of January. And whereas, in tralh 
and in fact, the said Mary Squires, on the sudd 
1st day of January, in the year last before men- 
tioned, was not at the house of the aaid John 
Gibbons, at Abbotsbury aforesaid, ,nor at any 
other house or place at Abbotsbury afortiii^ 
And so the jurors aforesaid, upon their 
aforesaid, do say, that the said John Gib 
on the said 31st day of February, in the 96th 
year aforesaid, at Justice-hall aforesaid, nnan. 
the trial aforesaid, in the court aforesaid, (ttn 
same Court then and there having a compeMnt 
authority to administer the said oath to theaii 
John Gibbons in tliat behalf) falsely, malicioaa' 
ly, wilfully, wickedly, and corru|Kly, in man* 
ner and form aforesaid, did commit wpfql ani 
corrupt peijury, to the great displeasure tf 
Almighty God, to the evil example of al 
others in the like case ofiendin^, and ^ 
the peace of our said lord the kmg, his < 
and dignity. 

All the witnesses, on the back of the bilb 
were called out to give evidence ; but no ens 
appearing, except Mary Woodward, and ihi 
declaring she knew nothing of the matter, ai 
officer was sent to the prosecutors to attni 
the Court ; but none of them ap|iearing, the 
jury acquitted the defendant. 

A second indictment to the samepnrpoae was 
read against William Clarke ; but he waa ac- 
quitted for want of evidence. 

A third indictment was preferred aniiit 
Thomas Greville, for swearing he sawMaiy 
Squires at Coombe on the 143i of Jannarys 
and he was acquitted likewise for want m 
evklence. 

During the time a messenger waa seal it 
theproaecutora to attend the (^rt, 
Bir.Davy, eoonael Ibr the 



SI] 



^r Wilful and Corrupt Perjury, 



A. D. 175S. 



[2S2 



tkal opfiofiimtly of ftddreisiog him&elf to the 

M J loni ; 1 hare the honour to a|»(>esr be- 
fymmr Inr^UtkLi in h*-liair nf the tbree de» 
\ Un perjury, sup- 
Iti : : M It'll by lli«;m in ibis 

opiHi the triAl ot Miiry Hquires, for the 
rj of Eli^eabelfi Canmug, tit EnMd- 
f«Ji, is Juiiuafv last. 
Glibofi« tmU CiArke are uliari^ed i^ith faUely 
wmnm^t that ^lary Squires was at Abbots^ 
IflT fnm the tst to ll»e 9ih of January; 
40i Om lile, that she was at Coomhe on the 
IMk. 

If ibclr liTstimony wan true, Mary Squires 
»M w^vsily 4iccuned ; hut it wat hers, god 
ikdiff mi^foftuae, that it then obtaiaed ao 



m 



Tbrj w«re alrangrera, uoknowd to every 
llic trial. — Canniiij^ wikg positive, aod 
ItKii^ bt iwltiir meanji coo firmed in her efi- 
ifw, ffifaiin was cunvicled. 

Uji9» ^ chari^e uf perjury, great care 
hub &^r« labeii, attended with gfreat expence, 
mt ollirr Mde, to search thia m after to the 
houoa ; rtrry eircuniitatice hath been aeruti- 
msnt, ^inl nfiihiti^ outitted to iofettigate the 
fi^OB tliiiitiuifhiy . 
Il Iwth m long IV bile been the general sub- 
•f o«if«gruition, and hath eogagetl the at- 
«f llie public, more, perhaps, than auy 
trMjXffllon eier did before. 
BftresRlbe oiuica of do less than filly ivit- 
ittrfoffwd upon each of their indict - 
I y«t 4nfy ont: of them, a poor woman, 
oideooe ia im material, appears to pro- 

nb ik aaft bti Diay occasion various con- 
MaHitA ^ &iitl many false reasons \tilt probably 
W iimi Bli il for not prosecuting these indict- 

It «Bj }>erliaps he attributed to a compro- 
wim^^% ORAj be said, that these defendants 
wr li W acquitted by consent, and that the 
InfiiiBm atgaiosl CiinQing Is to be dropped. 
Oii caaooi easily imagine what rumuurs 
tttid mmj rmlae. 
Fit tliMi rcMOOf and to prevent any imptita- 
•poQ tbme who are concerned for the de- 
lsM«t I beg leave to assure your lordship, 
Isfl who bear oie, that the delendants now 
ared for trial ; that iheir witnesses 
* lortlihip, ready to give iheir tcsti* 
\ iiich clear, ample, convincing cir- 
• would demand universal &s* 
f«)ly prove i\\^ innucence of the 
I dafeodsaUt aod the fj^kiiy of Ehzabelh 
p'iilory in rvcry particular. 
' ans wiincsKv, more in number than 
letar appeared jo any one cause, col- 
li^gcilier at a vast eirpeote, and frooi 
at rmote placn* 
Qeva m uibcr evidence also ready to be pro - 
ibaid, attdi aa, in ita nature, cannr^t deceive. 

Tbr pnaecuCom havn beeu invited to meet 
1^ lim before your lordship and the iury ; 
iii tw dssnnil vrara the friaads of the defca- 




dants that this matter should be fairly tried^ 
that ihey haveoifercd to bear part of the charges 
of this prosecution. 

The public halh been a long while amused 
w ith promises, that, in the trials of these in- 
dicttnents, the guilt of the present Uelendaols 
should be cleurly manifested, and the whole of 
this mysterious transaction unravelled. 

The liine is come to perform these promiaev, 
and thousands expect it. 

Why do all these boasters now hide their *| 
faces? Because they are covered with coufusioo* 

They are aware how dangerous it is to pur- 
sue a prosecution, founded in the foulest and 
most daring perjury ; and wisely withdraw 
themselves from a trial which would involve 
them in ruin. 

Had 1 considered the case of the defendants 
alone, without regard to any other person, I 
should have thought it needless to give the 
Court any trouble upon this occasion* 

Thejij are private countrymen, without any 
couDeiiona in this part of the world, and to- 
Ully unconcerned at any reports which may 
prevail here : — within the narrow circle of their 
acc|uaintanGe, their characters will remain uo^- 
hlemished, let lame do iu worst ; because the 
charge agaiast them is the attestation of a fact, 
which aQ their acquaintance, all their parish, 
and their whole country, know to be true. 

Bui there is oue, whose near relation to thia 
great city makes it necesoary for me to say 
thus much. 

It is impoesihle for him to he unsolicitoua 
for puhhc approbation, after having dona so 
much to deserve it. 

Yet all the reproaches which malice eoiitd 
sugpst to little, dark, designing men, have 
t>eea levelled at the chief magistrate of this 
city, only for doing what the love of justice 
and humanity inspired him to do. 

For his sake, therefore, I have thus trea* 
passed upon your lordship's patience, and only 
beg leave to add a few %vords more, to shew 
how unmerited those reflections were. 

As his lordship was at the head of the com« 
mission at the trial of Mary Squires, and was 
totally uninfluenced by the infamous endea- 
vours which at that time had been used to give 
credit to a most improbable narrative ; he was 
directed, merely hy a regard for truth, to 
make further inquiry into a story pregnant 
with absurdities, una unlike any transaction 
that ever went before it. 

And the evidence of Elizabeth Canning de* 
pending entirely upon this question, whether 
the account which these three men had given 
was true, where could his lordship so pro- 
perly direct bis inquiry, its to those placea, 
where they swore they bad seen her ? 

The success of that inquiry answered the 
wishes of his hiimauity ; and the most indu- 
bitable proofs oftheconvict*s innocence warmed 
the royal heart to mercy. 

One should have thought, that this conduct 
of a magistrate^ whose sole motive to it was a 
desire of rescuing a wretched, friendless ctwr 



SS3] 



27 GEORGE IL 



Trial of Elizabeth Canningf 



Tict, from the miieries into which penary and 
popular prejudice had throiTD her, should at 
least exempt him from censure. 

But his enemies could nexfiv forgire him the 
merit of this action: as it raised him still 
higher in the esteem of good men, he became 
more the object of ea?v ; and no arts were un- 
essaved to diminish the reputation he had so 
justly acquired. 

Had my lord-mayor been present, I should 
not have said so much ; hut I ha?e been the 
more encouraged to it from observing, that his 



[S84 



lordship withdrew himself as soon ai these 
causes were called, because he was pleased to 
tliink it improper for him to preside, where any 
thing that miffht bethought to oonoern himidf 
should come before the Court. 

I have an apology to make for ^?iog your 
lonlship any trouble, where there is no prose- 
cution ; but as the Court waits for the ^ara 
of a messenger, and no business is now pro- 
oeeduig upon, 1 hope I have, given no of- 
tence. [Vide Sessions- paper in Gaaoovne's 
mayoralty, September 1753.] Former^E^timL 



53S, The Trial of £lizab£th Canning, Spinster, for Wilful and 
Corrupt Perjury, at Justice-Hall in the Old Bailey, held by 
Adjournment on Monday the 29th of April, Wednesday the 
1st, Friday the 3d, Saturday the 4th, Monday the 6th, Tues- 
day the 7th, and Wednesday the 8th of May, before the Right 
Hon. Thomas Rawlinson, esq. Lord Mayor of the City of 
London, Sir Edward Clive, knt. one of the Justices of hb 
Majesty's Court of Common Pleas, the Hon. Heneage Legge^ 
esq. one of the Barons of his Majesty's Court of Exchequer, 
William Moreton, esq. Recorder, and others the Justices, &c.* 
27 George II. a. d. 1754. 



At tbe General Seasion of Oyer &nd Terminer, 
holden for the city of London, at Juntioe-baU, 
in the Old -Bailey, within tbe parish of St. 
Sepulchre, in the ward of Farringdon Without, 
in London aforesaid ; on Wednesday tbe 34th 
day of April, in the S7th year of the reign of 
our sovereign lord George the 2d, king of 
Great-Britaio, &c. before Thomas Rawlinson, 
es<|. mayor of the city of London ; sir Edward 
Chve, knt. one of tne justices of our lord the 
kiog, of the Court of Common -pleas ; Heneage 
^^99^j esq. one of the barons of the Exchequer 
of our said lord the king ; William Moreton, 
esq. recorder of the city of London ; fUbert 
Scott, esq^. Samuel Fludyer, esq. aldermen of 
tbe said city, and others their fellows justices 
of onr said lord the king, Assigned, £c. and 
continued by several mesne adfournmeDts to 
Monday the 13tb of May followiug. 

On Monday the 29th of April, 1754, the 
Court being opened, the prisoner Elizabeth 

* Taken in short-band by Thomas Gurney, 
Samuel Rudd, and Isaac Barman, all eminent 
short- hand writers, appointed by the Court for 
that purpose ; and afW being carefully exa- 
mined together, faithfully transcribed by the 
said Thomas Gurney, many yean short'^and 
writer at the said court. Prmted by the au- 
thority and appointment of the right hon. 
Tbomas Rawlinaoiii esq. Uui'Duyw. 



Canning was set to the bar, in order to take b|r 
trial upon the following indictment, which hid 
been preferred against" her in the Janeseariaa 
1753, 'and to which she had appeared aid 
pleaded Not Guilty, in the February lewiod 
following. 

Gentlemen of the Jury. — William ManniBf, 
John Wildiog, William Webster, John Lang- 
ley sworn; James Waugh, Charles Hoon^ 
challeoged by crown ; Richard Frome,8worB; 
Robert Smith, challenged by defendant ; Johi 
Scott, William Evered, sworn ; William Naahi 
challenged by crown ; John Carter, swora ; 
John Potter, John Kent, John Rogers, WilfHUi 
Martin, Richard Ltnch, Robert Rampahireb 
challenged by crown ; Joseph Russell, sworv; 
Stephen Prew, challenged by crown; Joht 
Nemes, challenged by defeniiaut ; WilkbiM 
Brathwait, challenged by crown; WinihM 
Walker, sworn ; John Mitchell, Martin Newth* 
challenged by crown ; Benj. Gian? ille, chal* 
lenged by defendant ; Edward Baxter, John 
Whipham, challenged by crown ; WilliaA 
Parsons, sworn; Thomas Stracey, Danid 
Destleu, challenged by crown ; Edward Df* 
moke, sworn ; 

Clerk of the Arraign*. Ctytt^ count tbtM^ 

Jury. 
William Manning, Richard Frome, 
William Webster, William £? ered, 



Jhf Wilful and Corrupt Perjury. 



A. D. 1754. 



[386 



RoMeD, 
Fanoott 

Dgley, 



John Scott, 
Jobo Carter, 
William Walker, 
Edward Dymoke. 



Arr. Cryer, make proclamation. 

OycE, oyez, oyez ! If any one can 
ly lords the kinj^'s justices, the king's 
the king's attorney, on this inquest to 
^ of any crimes or misdemeanors done 
liltod hy thti defendant at the bar, let 
ime forth, and tbey shall be heard, 
e the king. 

Arr, Gentlemen of the jury; tbede- 
it the bar standi indicted by the name 
Mlh Canning, late of London, spinster; 
I indictment sets forth. That at the 
Mtsioa of the peace lioldeu for tlie 
ef Middlesex, at Hicks's-hall in St. 
*raci« in the county aforesaid, on Mon- 
: 19tk da;^ of February, in the 26th year 
itign ot our present soyereign lord 
the 3d, by the grace of God, of Great- 
Ffuce, and Ireland, king, defender of 
I. and so forth ; before Liike Uobinson, 
m John Cross, baronet, Thomas Lane 
«e Galliard, esquires, and others their 
jystices of our said lord the kiusf, as- 

keep the peace in the county afore- 
4. also to hear and determine divers 

trespasses, and other misdeeds com- 

1 the flame county, by the oath of £d- 
Aoe, gent. John Jennm^^s, George Fry, 
Reynolds, Tbcmas Foreman, Arthur 
k, Isaac George, Lewis Powell, Wil- 
eeda, Henry Iiaines, John Greenbill, 
I Hibbins, John Biooke, Thomas Bow- 
Ucbard Westmerland, Elias Lock, 
Dolman, John Knowles, Henry Car- 
VfiUiam Fort, Thomas Woorell, Job 
id, end Robert Rewell, good and lawful 
ttie Gonntv aforesaid, then and there 
■i charged to enquire for our said lord 
\t for the body of the said county ; it 
mted that Mary Squires, late of the 
f Enfield, in the county of Middlesex, 
flo the Sd day of January, in the 26th 
the rei|p of our sovereign lord George 
king ot Great-Britain, &c. with force 
«, at the parish aforesaid, in the county 
i, in the dwelliog-house of one Su- 
l¥eUb, there situate, upon one Elizabeth 
:, spinster, in the peace of God and our 
1 the king then and there being, feloni- 
d make an atsaolt, and her the said 
tb in bodily fear and danger of her life 
d there fekmiously did put; and one 
Aays of the value of ten shillings, of the 
ad chattels of the said Elizabeth, from 
■on and against the will of the said 
th, in the dwelling-house aforesaid, 
mI there, Tiolently and feloniously did 
ke, and carry away, against the peace 
nid lord Ihe king, his crown and dig- 
nd therenpoo such proceedings were 
t aftcrwarda (to wit) at the delivery of 
efeiir mid hwd the king, of Mewgate, 



f 



holden for the county of Middlesex, at Justice- 
hall in the Old-Bailey, in the suburbs of the 
city of London, on Wednesday the 91st of 
Feoruary, in the 26th year of the reign of our 
said lord the king, before sir Crisp Gascoyne, 
knight, mayor of the city of London ; sir 
Martin Wright, knight, one of the justices of 
our said lord the king, assigned fo hold pleas 
before the king himself; Nathaniel Gundrv, 
esquire, one of the justices of our said lord the 
king of the court of Common Pleas; sir 
Ricnard Adams, knight, one of the barons of 
the court of Exchequer of our said lord the 
king, and others their fellows iustices of our 
said lord the king, assigned to deli?er bis jgaol 
of Newgate of the prisoners therein then bein^; 
and before whom the indictment aforesaid, 
against the said Mary Squires, was then depend- 
ing ; came the said Mary Squires in the same 
indictment named, under the custody of sir 
Charles Asgill, knight, and sir Richard GlynUp 
knight, sheriflb of the said coanly (into vihose 
custody in the gaol of Newgate aforesaid, she 
the said Mary Squires, for the cause aforesaid, 
had been before committed): and the said 
Mary Squires being then brought to the bar there 
in her proper person, and beinff then and there 
asked now she would be acc^uitted of the pre- 
misses specified in the said indictment as store* 
said, she the said M ary Squires did then and there 
say, that she was not guilty thereof; and there- 
upon for good and ill she put herself upon the 
country: whereupon such proceedings were had, 
that afterwards (to wit), at the same session of 
the delivery of the gaol aforesaid, holden for the 
county aforesaid, at Justice- hall aforesaid, on 
the said Wednesday the 21st day of February, 
in the 26ib year aforesaid, and before the same 
justices of our said lord the king, in that be^ 
half aliove-named, and others their fellows 
aforesaid, by a certain jury of the county be- 
tween our said lord the king, and the said 
Mary Squires in that behalf in due manner 
chosen, tried and sworn, the issue aforesaid was 
tried. And the said present jurors for our said 
lord the king, now upon their oath aforessid, 
do further present, that upon the said trial be- 
tween our said lord the kin^ and the said Mary 
Squires, at London aforesaid, (that is to say) at 
the parish of St Sepulchre, in the ward ofTar- 
ringdon without, in London aforesaid, (to wit) 
at Justice-hall aforesaid, in open court aforesaid, 
the said Elizabeth Canning, late of London, 
spinster, did appear as a witness for and on be- 
half of our said lord the king, against the said 
Mary Souires ; and the said Elizabeth Canning 
then and there did, before the said justices last 
named, in open court aforesaid, take her corpo- 
ral oath, and was duly sworn upon the holy 
gospel of God, to speak the truth, the whole 
truth, and nothing but the truth, of and upon 
the premisses so as aforesaid put in issue he- 
tween our said lord the king and the said Mary 
Squires (the same justices then and there hay- 
ing a competent authority to administer an oath 
to the said Elizabeth Canning in that behalf.) 
And the said Elizabeth Canning being so 



£87] 27 GEORGE 11. 

■worn, and not hiring the fear of God before 
her eyes, hat being mored and seduced by the 
inftigatioo of the devil, and hariog no regard 
tfbr ibe lans and statutes of this realm, nor fear- 
ing the ponisbments therein contained, and on- 
hwfully, viickedly, malipously, and delibe- 
Tately advising, contriving, and intending to 
pervert the doe coarse of b«r and justice, and 
to cause and procure the said Mary Squires un- 
truly to be conficted of Ibe felony and robbery 
charged upon her in and by the indictment 
aforesaid, afterwards, (to wit) upon the 21st 
day of February, in the 26th year after- 
wards, before the justices of our said lord the 
king last above-named, at the same session 
of delivery of the gaol aforesaid, at London 
aforesaid, (that is to say) at the jiarish of St. 
Sepulchre aforesaid, in the ward or Farringdon 
Without aforesaid, in London aforesaid, did 
falsely, wickedly, voluntarily, and comiptly, 
by her own proper act and consent, and or her 
cwn most wicked and cormpt mind, upon her 
said oath, so by her taken as aforesaid, say, de- 
pose, swear, and give in evidence (among other 
things) to tbe jurors of the jury, who were 
then and there in due manner chosen, tried, 
and sworn to try the said issue, Tliat she the 
■aid Elizabeth Canning had been at Salt-Peter 
Bank to see an uncle and aunt, and stayed 
there till about nine at night, on the 1st day of 
January (meaning the month of January in the 
■aid indictment mentioned): that then her 
uncle and aunt came with her as far w Aldgate, 
when they parted : that she the said Elizalieth 
Canning was then alone, so came down 
Houndraitch and over Moorflelds by Bedlam 
wall : that tliere two lusty men, both in great 
coats, laid hold of her : that they took her to 
the prisoner WcUh's house (meaning the dwell- 
ing house of the said Susannah Wells in the 
said indictment mentioned, situate at Enfield 
aforesaid, in the county aforesaid). And tlie 
said Elizabeth Canning being then and there, 
at and upon tbe said trial, asked and examined 
upon her said oath, at what time she thought it 
might be that she was taken to the said 
Susannah Wells's honse ; she the said Eliza- 
beth Canning then and there, in the said <»urt, 
at that trial, falsely, wilfully, and corruptly, 
upon her said oath, said, deposed, answered, 
and gave evidence to the jurors of the said jury, 
so as aforesaid chosen, tried and sworn to try 
the said issue, that as near as she could think, 
it was about four o'clock in the morning (mean- 
ing the morning of the said 2nd day of Ja- 
nuary^. The indictment, gentlemen, farther 
sets forth, tliat the said Elizabeth Canning, 
being so sworn as aforesaid, did then and there, 
upon the said trial, farther falsely, voluntarily, 
and corruptly, by her own proper act and con- 
sent, and of her own most wicked aud cormpt 
mind, upon her said oath so by her taken as 
■foresaid, say, depose, swear, and give in evi- 
dence (among other thiiiss) to the jnrors of the 
■aid jury, so chosen, tried, and sworn to try the 
said issue as aforesaid, that she the said Elizabeth 
Canning saw the gy psey woman Squires (roean- 
1 



Trial ofElixabeik Canmng, 



ISSS 



log the above-named Mary Squiics) sitting m a 
chair (meanmg sitting in a chair in the said 
dwelling-house). That as soon as she the said 
Elizabeth Canning was brought in, (meannig 
into the said dwdling-hooae) the said Mary 
Squires took her by the hand, and asked her if 
she chose to ifo their way, saying, that if she 
did, she shonhl have fine clothes. That sbu 
the said Elizabeth CanniiHBr »d, No. That 
then she the said Mary Squires went and took a 
knife out of a dresser -drawer, and cut the lace 
of ber the said Elizabeth Canning's stays, and 
took them (meaning the said Eluubeth Cao- 
ntng*s stays) from her. That she the said 
Alary Squires gave her the said Elizabeth 
CanniM^ a slap on the face: that ahe tbe said 
Mar^ [Quires pushed her up stairs (meaniDg 
certain stairs leading from the kitchen of the aaS 
dwelling house) into a certain room called the 
workshop, bekmging to the said dwelling-houat 
from out of the kitchen (meaning the kitdien of 
the said dwelling-honse) where thejr were. 
And the said Elizabeth Canning bemg thea 
and there, upon the said trial, asked ai^ exa- 
mined upon her said oath, concerning the name 
of the place she was put into ; she the sakt 
Elizabeth Canning then and there, at that trial, 
falsely, wilfully, and corroptly, upon her said 
oath deposed, answered, and gave in evidence 
to the jurors of the said jury, so as aforesaid 
chosen, tried, and sworn to try the said issue, 
that they call it (meaning the said room called 
the work -shop) the hay-lof\ (meaning by 
such answer so given to such question, that 
she I he said Elizabeth Canning had been 
pushed up the said stairs hy tlie said Mary 
Squires into the said room called tbe work- 
shop). The indictment, irentlemen, further 
sets forth, that the said Elizabeth Cannmff 
being so sworn as aforesaid, did then and 
there, upon the said trial, further fidsely, 
voluntarily, and corruptly, by her own proper 
act and consent, and of her own most wicnd 
and corrupt mind, upon her said oath, so by 
her taken as aforesaid, say, depose, swear, and 
give in evidence (among other things) to the 
jurors of the said jury so chosen, tried« and 
sworn to try the said issue as aforesaid. That 
tbe room-door was shut as soon as the aaid 
Elizabeth Canning was put up: that afler she 
the said Mary Squires shut the door, she said, 
that if ever she heani the said Elizabeth Can- 
ning stir or move, she would cut her the aaid 
Elizabeth Canning's throat. That when the 
day light (meaning the day-light of the 2d of 
January) appeared, she could (meaning that 
she did) see about the room (again meaning 
the said room called the work-shon) : that there 
(again meaning the said room called the work- 
shop) was a fire-place and grate in it: that 
there (again meaning the said room called the 
work-shop) was a black pitcher not quite foil 
of water, and about twenty-four pieces of bread ; 
and that a certain pitcher then and there pro- 
duced to the said Elizabeth Canning, at tbe 
time of her gif ing her evidence as afuresaki, 
was the pitcher, and that it was full f ' — 



S89] 



fir Wilful and, Cfrrrufi Perjufif^ 



A. D, 1754. 



[290 



Siixilbtlli CAnnmc^ '-m*-' ifien ami there, at ] house pq ibesaiiJ ad <>» Jnauary ; ami *vliereoj,J 

\ X\ti* s4it| ! 

ill' 



rre, 



ftlM nT witpr) In netr ilie neck. And the said I nrng was oat taken or brooglit into ihe «ai4l 
• - - i»ifn ami there, at ] house pQ the said 2d <>♦ J HDuary; and *vlieretti,J 

^^* a^keit and exa^ in trutb and iu <iict, ^he the said iilliziheilil 
i^vv loinr *.iiM ,-*iij_ I Canning was not on the t^aid id day nf JaDuary^j 
'[) ; ! or at any <»ll»er lime in llie said month of Ja*] 
nuary, iti the said ttous^ ; and whereas, in IrutliJ 
mnd in fact, she the «aid Elizabeth Canuinfl 
did ooti on ih&said 'id dav of Juijuary, see ili«1 
said Mary &k}uirca Ln tlie said hnuiie; on4| 
whereaSf in truth and iu fact, she Ihe &aii|l 
t^lisiab<»lh CanutQ^ did not, at any other tiinel 
in the said month of January^ see ihe taidj 
Mary Squires iu the said home ; and whcrdfj 
as, ui truth and in fact, she the said IMaryj 
Squires, on the said 2d day of Janunryfl 
wvi^ at Abbutshury in the county at' r><ir»ct|l 
and was not on that day in the said houfieil 
nnd wtierea^, in truth and in fact, ihc saitli 
Mary iSf|nires diti not lakr her the said Elixftf^ 
he til Canninu;- by tite hand, and ask her if stii 
uliose to go their way, sayinj^, that if khc 
she should have fine rlothes ; and nhereas, ii|l 
Irutb and in fact, the said Mary S(|nires diiH 
not Iflke her the *^aid Ehzabetb Cantting byi 
the band, and ubk her if •the chose to go their 
way; and uherea^, in truth aud in ^ct, Uif 



lurt, at that trial, tiaWiyi wilfully, 
A, ojimi her said oaih, said, de- 
»«nd jjatr: in miilcnre to the 
jury, bO :i»i idort^siiid choaen, 
tini, atitl ^uuvii to try ibe ttatd i^sne, a iiiunth 
1^ Um iirrckiii, all hui a fL*w hours. The in- 
Ml»«i*i ' 'mt sets forth, that 

: hfinGT sd B\f om as 
nitrt' u|it>niht' $did trial, 
ly, folunliiiily, and cm * 
'""^ '^' * 'd consent, and 
^it ntinf), upon 

.! -- _ aid, say, d*;- 

and i^ire in evidc^nce (ninoitgat 
to the jurors of the ^aid jniy, so 
aud sworn to try the said i^ne 
at ntnrr^Ati, th?it im the Wednesday (meMnioisr 
^^ Itb dny of the f^aid uiontli of 

J* iho Hjiid Ehzabetli Canning 

. . uUu saw homeboiJy look ihrougb 
i the door ^^'T^lin meaning ijie door 



I,. 

kr! 

ciNncm, iii«d< 



a«il room catli 
laid Elis^abeth 



akMit 



ilbcirja 

CAnAioiT bi 

U(» at 

\Uaw '■ ' ■ 



lit i: 
and 



' I k -shop) ; that 

< ' t out, (mean- 

u (I tlie workshop) 

loan, on u l^louduy, 

li iiiky of the said 

the $aid E]iznl»eth 

! there four tvceks, 

lie the said Eliza- 

1 a board ibitt was 

ot a window, (mraaing 

af^indf to Che ssiid room 

d got out tbire (itieaii- 



«il kaj-li^M, ('i^airi 



said Mary Squireji did not go and take a knifir 
out uf a drrsser-drawer, and cut the lace of hec 
the sail] Eti/abetb Canniui»'s slays ^nd tak 
thetn from her; and whereas, iu truth and i|i| 
fact, the said Mary Sijuires did not cut the Inct 
of ber the .vuid t.li/iiUeib Canning's syiyM^I 
atid wbtreas, in truth and in fuel, the saill 
IMary Si]uirt^ did not take ihe said Etizabctlil 
Canning's slayi from her; and whereas, ill 
irutb and in fart, the said Alary Squires did not 
ifive the said Eiizabeih Cannins: a slap on the 
face ; and whereas, in Irutb and in frtrt^ the 
said Miiry 8<fuires did jiot push the ^ 
j<low) : that she the said I ^>clb Cannin*^ up the said stairs leai ii , 

£ touk »n old sort of a bed- I the said kitchen inU^ the s»id room lulled tiipl 
handkerchief, that were in the I warkshop; and, whereas, in Irutb and in facLI 
mi;iiiing the said room ! the said Mary Squires did not push Ihe said I 
^ — * — ** "^^ Elizabeth Cunning; upon the ssid stairs into t|ifr| 
said room called the workshop ; and whereas* ' 
iu truth and in fui't» the tiaid Mory !^quires did 
nut push the said EIlzAbetb Cannint^ up any 
stairs into the said room called the worKsbop, or 
hay-loft, or into any other room or plm r' uluii- 
soever; ajul \ihereas, in truth and ^ 
said Mary Squires did not say, that ji r i 

heard the said Elizabeth Canning stir or move^J 
she wuuld cut ber throat ; and whereas, in trutb ^ 
and in fact, when ihe day-lit^ht of the said tf^* 
thy of January appe^r^d, she ihe said Eliza- 
beth Canning could aa)^ee about the said room 
called the work^him; and whereas, iu truth 
and in fact, the said Khzuhetlj Cannintf did not, ^ 
on the satd '^d day iif January, sec about tin 
s^id room called the workshop : ' " * - 
in truth and iu fact, the said El< 
was not, on the sai«l '' ' ' * • ' ^ 

said room culled the j. 

or I»I;K O 111 ^^rl!^iTl,r t ....... ; 

Md HI lad J 

I _ i.ot, ai any •■ e j 

bet Mre?u tbe said ^d day^ of Jiuuary^ aaU lb#| 
U 



iHe w>jik--<hnp) atnl lay in a grate of the 
(tynaiiini^theclMiimeyoftbe said room 
le work -3( bop). And the said Etizabetb 
Cmmn^ bcin^ tbeu and there, at and upon 
(kt inokl. aak*-d ami < xamined lipon ber said 



Olik, cofto*fri»ui' 


tbe time she drank all ber 


•%itr. 


the water she so as albre- 


«i4fii 


nir lo lidve been in the said 


Hiiitii 


^eth Canning tlien 


tt^llSi. 


t'li trial, falsely and 


somppti 


..Aii imib, KaitI, ileposed, 


mtmm^ 


' videncc to the jurors of 


«<f^.i 


1 chosen, tried, and 


mwn 


that she drank all 


tliat OmstHug nji 


nhc so as aforesaid 


fiitmni^ancvt 


t m tbe said pitcher) 


aliMt bolf 2n f 


' T'^tt out of tbe 


fiviii (mtfAii 


led Ihe wfirk- 


CMdkltxabr 


■ i tact, she the 


out, about 4 o'clock 


iillia ixioirri 


li dav of January, 
lid aw ell ini;- house 


.y»fit. 


of thf^ 


M ; and whesreas, in 




*lm tbv aanl Eb^^abetb Can- 



SOI] 



27 GEORGE II. 



Trial ofElizabet'h Canning, 



[998 



nM 29th day of January, in the said room 
called the workshop, or in any other room or 
place helon^ng to ihe said dwellini^'- house ; 
and whereab, in truth and in fact, there was 
not, on tlie said fid day of January, any black 
pitcher, and about 24 pieces of bread, or any 
other numlier of pieces of bread, in the said 
room called the workshop ; aud whereas, in 
truth and in fact, the pitcher so producetl to the 
said Elizabeth Canning, at the time of her giv- 
inif eridence as aforesaid, was not, on the said 
2d day of January, in Ihe said room called the 
workshop ; and whereas the ^aid pitcher so 
produced to her the said Elizabeth Canning as 
aforesaid, was not, on the 2d day of January, 
foil of wattfr, to near the neck ; and whereas, 
in truth and in fact, the Said Elizabeth Cannini; 
did not drink uU the water, in and by her said 
evidence pretended to have been in such pit- 
cher, about half an hour before the tiiine, she 
80 as aforesaid gave in evidence, that she got 
out of the said room calleil the workshop ; aud 
whereas, in truth and in fact, she the said Eli- 
zabeth Canning did not, at any time on the 
said 29th day of January, or at any other time 
between the said 2d day of January and the 
said 29tli day of January, drink any water out 
of the said pitcher, in the said room called the 
workshop, ur in any other place or room be- 
hingiiig to the said house; and iihereas. in 
truth and in fact, the said Elizabeth Canning 
did not continue in the saitl room called the 
workshop a month by the weeks, all hut a few 
hours; and uhereas, iu truth and in fact, the 
said Elizabeth Canning was not, at any time 
in the said month of January, confined in the 
said room culled the workshop ; and whereas, 
in truth and in fact, the said Elizabeth Can- 
ning tvns not, in the said month of January 
confined in any other n»oin of or belonging to 
the sniil houseof the said Susannah Wells, for 
one month by the weeks, all but a few hours, 
or for any other spoce of time ; and whereas, 
in truth and in fact, she the said Elizubelh 
Cannincr did not, on the said Wednesday the 
said 24ih of January, see any person look 
through the crack of the door ot the said room 
called the workshop ; and whereas, in truth 
and in fact, the said Elizabeth Canning did 
not, at any other time in the said month of Ja- 
nuary, see any |ien(oii look through the crack 
of the said door ; and whereas, in truth and in 
fact, the sniil Elizabeth Cunning did not break 
down apy board that had been nailed up at the 
inside of any window (iff or belonging to the 
said room called the iMM^shop ; and whereas, 
in truth and hi fact, sIM; the said Elizabeth 
Canning did not get out of the said room called 
the Workshop on Monday the said 29lh day of 
January ; and whereas, in truth and in fact, 
she the said Elizal>eth Canning did not get out 
of the said window ; and whereas, in truth and 
in fact, she the said Elizabeth Canning did not 
get out of any window of or belonging to the 
Slid mom calle«l the workshop ; anil whereas, 
in truth And in fact, the said Elizabeth Can- 
ning did not take au ok! sort of n bed-gown and 



a handkerchief, that were in the uid 
called the workshop, aud lay in a grate of the 
chimney of the said «-oom ; and whereu, in 
tnith and in fact, she the said Elizabeth C^* 
ning did not take any bed-gown or handker- 
chief oat of a grate in the chimney in the said 
room ; and whereas, in truth and in fact, there 
was not any grate in the chimney of the nid 
room on the 2d day of January ; and whereaa, 
there was not any grate in the chimney of the 
said room, at any other time, during the time 
she the said Elizabeth Canning so as afbrenid 
gave in evidence that she continued or had been 
confined in the said room called the workebop; 
and whereas, in truth and in fact, there waa not, 
on tlie said 2d day of January, or at any other 
time between that day and the said 29th day ef 
January, any grate' in the fire-place of the 
said room ralle<7 the workshop, as she the said 
Elizabeth Canning, by her false and cormpl 
testimony aforesaid, at and upon the said trial, 
did most falsely, voluntarily, and corrnptly, by 
her own |)roper act and consent, upon her vaid 
oath, so taken as aforesaid, say, depose, swear, 
and give in evidence to the jurors of the said 
jury, in manner aforesaid. And then, gentle 
men, the indictment in this place conandcs. 
That she the said Elizabeth Canning, at and 
upon the said trial, upon the said 21st day of 
February, in the 2(>tli year aforesaid, at Loo- 
don aforesaid, (that is to say) at the said parish 
of St. Sepulchre, in thesaid ward of Farringden 
without, in London aforesaid, before the said 
justices of our said lord the kiufir last above- 
named, and others their fellows aforesaid, by 
her own proper act and consent, and of hk 
own most wicked and corrupt mind, in manner 
and form aforesaid, did falsely, voluntarily, 
and corruptly', ofton her said oath, so taken as 
nforesuid, commit wilful and corrupt perjury, 
to the great displeasure of Almighty God, n 
conteu)pt of oitr said lord the king and bis 
laws, to the evil and pernicious example of all 
others in the like case offending, and agaia!^ 
the peace of unr said lord the king, hiscrowtt 
and dignity. The indictment, gentlemen, for* 
ther charges, that at the session of the delivery 
of the gaol ot our said lord the kin jf, of New- 
gate, holden for the county of Middlesex, it 
Justice-hall in the Old-Bniley, in the aiibnrhi 
of the city of Tiondon, on Wednesday the Sltt 
day of February, in the 26lh year of the reign 
of our said sovereign lord George tbe second, 
king of Great Britain, &c. before sir Crisp 
Gascoyne, mayor of the city of London ; nr 
Martin Wright, knight, one of the justices ef 
our said lord the king, assigned to hold pleas 
before the king himself; Nathaniel Gundrv, 
esq. one of the justices of our said lord tw 
king of the Court of Common Pleas; air 
Riohanl Adams, knight, one of tbe barons of 
the CyfMirt of Exchequer of our said lord tbt 
king, and others their fellow justices of our aaid 
loni the king, assigned to deliver the said gaOl 
of Newgate of the prisoners therein being; oat 
Mary Squires was in due form of law, tmd 1^ 
a jury of the country, duly taken between ow 



I 



m] 



Juf Wilfid and Corrupt Perjury, 



A. U, 1154^ 



[294 



mM ior4 Ili9 kh%^ und Uieftaid Mary Squires 
lilh»lb<^t»"" ";..w, MioUier indictmt^nt, for the 
(anninir, Kpiiislcr^ of a 

-:L1« vi' It'll vinlllii<rs^ uf illC 

1 of lier 1 ^izaljeth, 

fdi^ ^ i;*use of oiir - liWrlls, 

«i{d<iw, Biiuatr m the parish of Koiieldf in tbe 

vUoyunty of ,HtiJd(t;s4fXf on the said 2d day 

if Jtonf *e '26lli ye«r aforesaid; and 

lltft«Ao i lA6t iiientioneil triafi Elisca> 

kl^ Caiuiui^, lale of Lcmdon, spinster, did 

umI there appear lut a witties«i fur and in 

'■d lonl ihe kiu^, »!jraiust the 

> ; atid she tlie ^id ElizHbeili 

iig ttin tutu and there, before the said 

jipiittl te»t'tijentioned, iu open court iifore* 

■idyteke brr f-'p^^r >i oath, and was duly s worn 

I IIm bolv I God, that tho evidence 

tW *h -.-. ^- e for our said lord the 

I uifeiwl the Kiud Mary Haitirt.^, should be 

.ratia. IYk; x% hole lrutU,*atid nothing but the 

Ust'tiifniioned justices then 

: ;i competent auihorlty to ad- 

' i^ satd oatli to her the said Eliza- 

t Caii«iiiB in that behalf) ; and she the said 

Hanninij Motf so sworn, and not 

m ft^r of Gild before her eyes, but 

' , ■ ■ red by the instii^'ation of 

I i 1st day of Felmary, 

^U*r /rjm \*:\v :imit Slid, at London aforesaid, 

{!• wii) at if»e parish of Ht, Sepulchit-» in the 

d iif r- ' -- • !on U'ithout aforesaid, in Lon- 

ilii lore the &aid justices last- 

, i.. i.,~ ftn coartal#resaid^ did falsely, 

liiliilgly, aod corruptly, by her o^tn proper 

— ' — ■ coiistnt, say, depo^kC, swear, ami givir 

r tu the jurors of the satil jury, ac- 

I ihe pitrporl anit effect fid Jo win |; ; I 

Jn^ hr^fceh the said Elizuhelh Canning) 

I to SaH Petre-tiank to see an uncle 

hji naiti« ta Thomas Colky .- J 

aniii^ herself the stiid £iiz:d»eth 

je) Mi out from home about i^leveu in 

Utf^fQQOOo, and stayed there tdl ubout nine 

•|j^|lu« ufi the lilt dsy of January (meaning 

ii igL dmy of January now lai»t past) ; then 

Mff 90^ »i»d Htr- • f "T r' with inc (again 

iMfnu^lf li ! Ji/Jibeih Can ti tug) 

Aldgilf, ...i. vo parted: 1 (^gaiu 

berM^ll the said Elixaheth Cauniu^) 

mI mk. h(> came flowa Houndjiditch, 

^ds by Bedlam wall; there 

Hith in (.rreat coah»i Uid [lold 

And ihiii the «aid Elizabeth Canning, 

f to Kwarn, (hit then anti there, uj»on the 

last-inrnttoned trial, falsely, wdlingly, 

loBrrii|itJy, hy htr own proper act and Ciin 




,iiy, d<. 
B Juror* 

at^i 



Cmnimsi 



Ilia ilii(Jl ..,. . 
aitoate at 

•foresaid). 



tr^ and ijiie in evidence 

■ ^ jury, according ta the 

i:^, (that ii Iti say) 

^0 fneii) look me 

Ii ii4c said Elizahelh 

r WeUft^at hou^'C (iiifan 

-<^i of llir 8aid Su»anoah 

Enth lit iitiHt'^auf^ in the 

Auti thui ?iht- the said 



i C«AuiDg bcitig then and there, upoo 



the said trial, asked and examined upon be 
said Oiith, concerning tlie time of her hetng i 
tiiken to the said house of the said Sosannali 
Wells ; she the said Elizabeth CAuntng, hrin^ 
BO swurn« did Iheti and there fni ther Iklselyij 
willingly, and corruptly, by her own proper 
act and consent, say* depose, answer, and give^ 
in evidence, accordhig to the purport and ef«1 
feet following, (that it to say) As neur as IJ 
(again meaning heraelf the said Elizahetll] 
Canrting) can think, it was about four o*c'oc 
in the morning (meaning the morning of th 
Ud day of ihe said month of January)* An 
that she the »^aitl Elizabeth Claiming being ihe 
and there, u)»on the said trinl, ssked and exft«] 
mined upon her oath, concerning what sba 
saw at the said hous-e of the said KoKunnahn 
Wells, at the time that she as aforesaid gave 
in evidence that she wa^ takeu there ; stie the said 
Elizabeth Canning, being so Nwuru, did then 
and there further falsely, willinjfly, and cor- 
ruptly, by her own proper act aiid conaentt| 
aay, depose, answer, and give in evidence, &c«l 
cording to the purport and eftect followin^fl 
(thai is to say) I (again meaning herself tlie| 
said Elizabeth Canning) saw the gyp^tey wf|-< 
man Squires (meaning ihe said Mary Sfjuirca), 
who was sitting in a chair (meanini; sitting m 
a chair in the said house). And that she the 
said Elizabeth Caiming, being so sMOrn, did 
then and there, upon the said last-mrniioued 
trial, fulsety, wiUinglVt ^nd corrupUy, by her 
own proper act and consent, *ay, depose, 
swear, and give in evidence to thejurun oi the 
said jury, according to the purfiort and eiFe«t| 
lollowing, (itiat is to say) 4!i tioon as I (again 
meaning heiiielf the said Elizabeth Cunning) 
was brought in (meaning into the said liouse,) 
IVtury Squires (again meaning the said Mary 
Sijuires) look me (again meaniitg herself the 
aaid Elizabeth Catmiug) by the hand, and 
asked tne (again meaning hcri^elf the ^aid 
EUxabelh Canning) if I (again meaning her- 
self the said Elizabeth Canning') cho^e to go 
their way, saying, if 1 (again meaning ber* 
self tl^ said Elizabeth Canning) did, I (again 
meaning herself the said Elixahetli Canning) 
shouM have tine clothes; I (a^jrain meaning 
herself t1i«! ssiti Elizabeth (Janninhf ) said. No. 
And that she the said ElizAheih Canning, heiog 
so sworn, did then and there, upon the said 
last mentioned trial, falsely, wilhngly, and cor* 
luptly, hy her own proper uci and conseol, saVi 
depose, swear, snd give in evidence to tha 
jurors of the said jury, according to tlie pur'* 
port and eHVct followitig, (that ts to say) Theiil 
ahe (agsiin meaning the siiid Mary Squiret)^ 
wentund took h knife out of a dresser- drawer* 
and cut the lace of my (meaning her the said 
Ehzalielh CannmgV) stays, and took them 
Irom me (meaning herselt the said Elis^abetk 
Caiiiiiiiii) And thai she the sM EivA 
heth Canning, being so aworo, did the 

and there, upon the ftiiid last ttp- ^••■'1 tnal| 

falsely, withugly, and corrupt > ' own 

proper act and consent, nay, dt | i , iiiid 

f^ive io efideuc« to the jurori of the said jarj. 



S9S] 



27 GEORGE n. 



Trial of Elizabeth Cannings 



according to the purport and effect following, 
(that is to nay) She (meaning the said Mary 
Squires) pushed noe (naeaning herself the said 
Elizabeth Canning) up stairs ^ (meaning certain 
stairs leading ont of the kitchen of the said 
house, up into a certain room adjoining and be- 
Jonging to the said house) from out of the 
kitchen, (meaning the kitchen of the said i 
house) where we (meaning herself the said j 
Elizabeth Canning, and the said Mary Squires) 
M'erc. And that she the Kaid Elizabeth Can- 
ninfif, being then and there, upon the said trial, 
asked and examined upon her said oath, con- 
cerning the name of the place she was put in ; 
she the said Elizabeth Canning, bemg so 
sworn, did then and there further falsely, 
willingly, and corruptly, by her own proper act 
and consent, say, depose, answer, and give in 
evidence to the jurors of the said jury, accord- 
ing to the purport and effect following, (that is 
to say) They call it the hay -loft, (meaning a 
certain room belonging to tne said house, into 
which the said stairs lead.) And she the said 
Elizabeth Canning being then and there, upon 
the said trial, asked and examined upon her 
oath, how long she continued in that room ; 
she the said Elizabeth Canning, being so sworn, 
did thenf and there further falsely, willingly, 
and corruptly, by her own proper act and con* 
aent, say, depose, answer, and give in evidence 
tu the jurors of the said jury, according to the 
purport and elTect fellowmg, (that is to say) A 
month by the weeks, all but a few hours. And 
that she the said Elizabeth Canning, being so 
sworn, did then and there, upon the said last- 
mentioned trial, falsely, willingly, and corruptly, 
by her own proper act and consent, say, de- 
pose, swear, anu give in evidence to the jurors 
of the said jury, according to the purport and 
effect following, (that is to say) 1 (again mean- 
ing herself the said Elizabeth Canning) got out 
(meaning out of the said room) about four 
o'clock in the afkernoon, on a Monday (mean- 
ing Monday the 29th day of the said month of 
January,) after I (again meaning herself the 
said Elizabeth Canning) had been confined 
there (meaning in the said room) four weeks, 
all but a few hours. And thai she the said 
Elizabeth Canning, beinff so sworn, did then 
and there, upon the said lastpmentioued trial, 
falsely, willingly, and corruptly, by her own 
proper act and consent, say, depose, swear, 
and give in evidence to the jurors of the said 
jury, according to the purport and effect follow- 
ing, (that is to say) I (again meaning herself 
the said Elizabeth Canning) took an old sort of 
a bed-gown and a handkerchief, that were in 
the hay loft (meaning the said room,) and lay 
in a grate in the chimney (meanin|( the chim- 
ney of the said room.) Whereas, m truth and 
in fact, KJie the said Eli'icabeth Canning was 
iiot taken l>y two men to the said house of the 
aaid Susannah Wells, about four o'clock in the 
morning of the said 2d day of January, or at 
any other time of that day ; and whereas, in 
truth and in tact, abe the aaid Elizabeth Can- 
■)iiDg did not, al asy time od the mid Sd day of 



January, see the said Mary Squires in the said 
house; and whereas, in truth and hi Tact, the 
said Mary Squires, on the said 2d day of 
January,- was at Abliotsliury in the county of 
Dorset, and was not at any tmie on that day in 
the said house; and whereas, in truth and ia 
fact, the said Mary Squires did not, on the aaid 
2d day of January, uke the said Elizabeth 
Canning by the hand in the said house, and 
ask her if she chose to go their way, saying, if 
she did, she should have fine clothes; and 
whereas, in truth and in fact, she the aaid Mary 
Snuires did not, on the sard 2d day of January, 
take the said Elizalieth Canning by the band; 
and whereas, in truth and in fact, she the sakl 
l^Tary Squires did not take a knife out of any 
dresser- drawer, or any other drawer, and cot 
the lace of her the said Elizabeth Canning^ 
stays, and take them from her ; and whereas^ 
in truth and in fart, the said Mary Sqniree ittd 
not cut the lace of her the said Elizabeth Can- 
ning's stays ; and whereas, in truth and ia 
fact, the said Mary Squires did not pnah the 
said Elizabeth Canning up any staira belong- 
ing to the said house ; and whereas, in trtm 
and in fact, she the said Elizabeth Canning 
did not continue, or was in anywise confinei 
in the said room belonging to the said hooWi 
into which the said stairs lead, for a month bj 
the weeks, all but a few hours ; and wiierte 
the said Elizabeth Canning did not continue, or 
was any ways confined in the said room, or in 
any other room belonging to the said booiai 
fbr a month by the weeks, all but a few hoars, 
or for any other space of time ; and whereaii 
in truth and in fact, she the said Elizabeth 
Canning did not get out of the aaid room 
about 4 o'clock in the afternoon of the aaid 
29th day of January, or at any other time of 
that day ; and whereas, in truth and m foot, 
she the said Elizabeth Canning did not take 
any bed-gown or handkerchief out of any 
grate in the chimney of the said room ; and 
whereas, in truth and in fact, there waaao 
grate in the chimney of the said room on the 
said 2d day of January, or on tlie 29th day of 
January, or at aiiv other time between the Si 
and 29th days of'^ January, as she the aid 
Elizabeth Canning by her false and corrapt 
testimony aforesaid, at and upon the aaid lait- 
mentioned trial, did most falsely, ?o1untarilyi 
and corruptly, by her own proncr act and con- 
aent, upon her said oath, so taken as aforesaid, 
say, depose, swear, and give in evidence to the 
jurors of the said jury, in manner aforesaid. 
And so the jurors aforesaid, now here avrom, 
upon their oath aforesaid, do say, that she the 
said Elizabeth Canning, at and upon the said 
trial, upon the said 21st day of February, in 
the 2Gth year aforesaid, at London aforesaid, 
(that is to say) at the parish of St. Sepulchre, 
in the ward of Farringdon Without, in London 
aforesaid, before the said justices of our aaid 
lord the king last above-mentioned, and otben 
their fellows aforesaid, by her own proper ael 
and consent, and of her own moot wicked and 
oorropt mittdi in manner and fom afbraoaid, 




for Wilful and Corrupt Perjury. 



A, D. 175i. 



[298 



dii faMy, volaQtarily, and corruptly, upion 
Rid oaltif so taken as aforesaid, comaiit 
I &Dd corrupt p<frjury, to llie great ilts- 
are of Almighiy God, in conieiopt of our 
ord tbe king' and his laws, to ihe evil ami 
CIO us example of all others in i he like case 
Eting^ and against the jjeace of our said 
be kingf bis crown and dignity.* 

(Juscoyne. May it please your lord- 
mnd you gentlemen of the jury ; I am 
^1 in this ca^e for the king, against the 
ler at the bar, viho stands before you iu- 
' of wilful and corrupt jierjury : and the 
lent sefs forth, that, at the general - 
of tbe peace held for the county of 
|)e»ex, on the 19th of February, in the 
ye^r of his present majesty's reign, an in- 
lent was found against one Mary Squires, 
for having, ou Ibt; id day of January, m the 
cime year, with t'uice and arms^ assaulted the 
prii4iner at the bar, and having put her in feor 
of ber life, feloniously and with force took and 
ttalefrom ber peraon, and against ber will, in 
tbedwellioQf bouse of one Susannah Wetls^ iu 
lie parish of Enfield, in the county of Middle^ 
«Ii a pair of stays of the %'alue of 10s. the pro- 
perty of tbe prisoner at the bar : and tbe in* 
^ktment charges, that at tbe gaol-delirery of 
Newgate, on tbe 21 &t day of February, in the 
■im^year, which was the year 1763, Mary 
Squirtf was arraigned upon the indictment so 
fbund against ber, and ba?iug pleaded Not 
Coiky, tbe prisoner at the bar appeared at tbe 
trill, and t»eiiig duly sworn as a witness, did 
maliciouily and deliberately, and in order lo 
jknxrurc the said Mary Stjuires to be tonricled 
of the felony and robbery charged on her, 
Uk^iy uDil corruptly depose and gire in evi- 
<fe>cc, that she the prisoner at the bar, on the 
III day of January 1753, had been at a place 
(died Saltpetre- Bank, to see an uncle and 
iUBi 'f that she stayed there till about nine at 
«i|ht; that ber uacte and aunt came wilb ber 
(r^m thence as far as Aldgate, where tbey 
fined ; that she tbe prisoner at the bar being 
tbiQ alone, and conrting o?er Moor fields by 
Bedlam wall, two men laid bold of her, and 
»oak her by force from thence lo tbe house of 
Suaonnh VVelts at Enfield; and beiitg there, 
till Mary Stjuires took ber by the hand, and 
ibd ber if she would go their way, saying, 
llttifshedid, she should have line clothes; 
>bt she refused; and that thereupon Mary 
Sqvires, nith a case knife, cut the lace of her 
iti)«, aud look them from ber, gave ber a slap 
<ui the face, and pushed her up fktairs into ami- 
Ibcr room, which they called rhe ba^-lofl ; that 
41 acnyn as she was there, tt^e door of the room 
ftisshut upon her ; and that she was threatened 
by Wary S(]uiit»s, that if she heard ber stir or 
iMtfe, she woiild cut ber tiiroatr and the in- 
dictment charges, that thf prisoner at tbe bar 
asked on tbe trial of Mary Squires, bow 
'abe bad continued in that room, she falsely 

• See 5 Terra R<f« ill. 



and wilfully swore, that she was kept there a 
mouth, all but a few hours ; aud that upon tbe 
29th of January she broke down a hi^ard that 
was nailed up at the inside of the window, and 
got out there ; whereas in truth, as the indict- 
ment charges, the prisoner at the bar was never 
taken or carried to the houKe of Susannah 
Welts ; and that, in truth and in fact, Marv 
Squires was at that lime at Abbotsbury, in the 
county of Dorset : and tbe indictment chargeVp 
that in truth and in fact, Mary Squires did not 
cut tbe luce of tbe prisouer's stays, aod take 
them from ber, or slap ber on the face, or push 
her up stairs into another room/ or say, that if 
she heard her stir or move, she would cut 
ber throat; and thai in troth, the prisoner at 
the bar %vuj not in any room or place belonging 
to the house of Susannah Wells ; and there- 
fore, that she was ou the trial of the said Alary 
Scjuires guilty of wilful and corrupt perjury : 
all which is said to be done, to the great dis- 
pleasure of Almighty God^ in contempt of tbe 
laws of this land, and to tbe eril and pernicious 
example of all oiliers in tbe hke case offending, 
aod against the |>eace of our lord the king, his 
cruwii and dijjnity. To this, gentlemeu, the 
prisoner has pleaded Not Guilty : we shall call 
onr witnesses, and if we prore ber guilty, you 
will find her so. 

Mr. (afterwards Serjeant) Datnf. May rt 
please yonr lordship, and you gentlemen of 
tbe jury ; 1 am count^el for tlie prosecution 
agaiuTit tbe delendaut at the bar, who now 
comes before you to be tried for wilful and 
corrupt perjury ; attended with so many cir- 
cumstances of asrgravatiun, and calculated to 
produce such futiil effects, that it is to be la- 
mented the law has not made it capital, Fnr 
it was commilted to support a groundless nro- 
seculion for felony, and, under colour of jus- 
tice, to take away the bfe of au ainoceot [ler- 
son. Than which it is bar^l to conceive an 
offence more ihocking to humanity, or more 
dreadfuL 

Gentlemen, tbe Indictment sets forth, that 
the defendant, maliciously and debberately in- 
tending to pervert tbe due course of law aud 
justice, and to procure one Mary Squires un- 
truly to be convicted of a robbery, did, upon 
tbe tut of February 1753, in tliis court, gite 
false testimony ag:iinst hnr. It contains se- 
veral particulars of tbe deteudant*^ evidence 
upon that occasion, and aveis, that in each par- 
ticular she was guilty of perjury. What could 
tempt one so young to such accumulaled wick- 
edness, though the prosecution is not concerned 
to account fur it, may be easily conceived upon 
recollecting what had happened. And, indeed, 
one would give way to any charitable sugges- 
tion, rather than suppose ber heart ko thorough- 
ly polluted, as at first to design a sacrifice. To 
preserve her character, it became necessary to 
frame an excuse for her absence from her 
luaster^s service during tbe space of a month, 
fixim tbe 1st to tbe 29th of January. To what 
such absence i^as really owing, 1 am Dot id- 



S99J 



27 GEORGE II. 



Trial of Elizabeth Cannings 



[300 



clined to sufi^i^ett, lest I should wroni; her. 
But her flifjht wai suddeo, unexpected, aud 
alariuio^. 

An ill-concerted stor^ for this purpose, or the 
forgetting: some material circitmstaDc^s in one 
inteuted with a greater appearance of truth, 
was, in all likelihood, her first step lo the crime 
lihe is now to answer for. And a too great 
forwardness in satisfying unexpected inquiries, 
the effects of distrust and curiosity, might lead 
her unwarily into a description of places and 
persons, unthought of before, from which, 
once fixed, she thought it dangerous to deviate. 
But au additional temptation fell in her way, a 
temptation too strong to be resisted in the situa- 
tion to which she was reduced ; and this was a 
scheme to raise money. For those, who were 
weak enough to believe all the absurdities to 
which their own credulity had given rise, were 
fio affected with her unprecedented sufferings, 
that they proposed a general subscription, as 
well to punish the infamous wretches, who, it 
was said, had endeavoured to starve her out of 
her chastity, as to reward her purity. Here 
then she was under a necessity, either to re- 
nounce those golden hopes, by retracting what 
she had declared, and so to ruin her character, 
or to persist in it through perjury. And having 
by this time subdued all remaigs of virtue, she 
preferred the offer of money, though she must 
wade through innocent blood to attain it. 

The project succeeded to the utmost of her 
wishes. For, by the help of prejudices most 
artfully, industriously, and (I may add) infa- 
mously inculcated, she made her way to the 
conviction of Mary Squires, and Susannah 
Wells, (the former fur robbing her of her s|uys, 
and the other fur being an accomplice in that 
robbery) and so she became the object of al- 
most uuiversal compassion. The unfair means 
made use of upon that occasion, by advertise- 
ments in the daily papers, and in printed bills, 
every where dispersed, with the names of six 
reputable tradesmen, attesting the truth of a 
btory, of which they were nut able to prove a 
single syllable ; and all this for the sake of 
prejudging those unbap|>y v»umen, who in 
consequence of it fell a sacrifice ; would pass 
unnoticed in this trial, had not the same un- 
justifiable methods been continued to the pre- 
sent hour. An appeal to the public concern- 
ing matters triable by juries, has a direct ten- 
dency to shut up the avenues to conviction, 
and to enervate the arms of justice. But it is 
tbe happiness of this prosecution to be brought 
before a jury of citizens, whose characters give 
the greatest room to hope for an impartial 
trial, notwithstanding all the arts which have 
been practised to inflame their passions and 
corrunt tbeir judgment. And if 1 am not 
greatly mis- instructed, the prejudices must be 
strong indeed, that can resist the proofs of this 
woman's guilt. 

Gentlemen, betbre 1 open the evidence we 
have to offer, 1 must beg leave to trouble you 
with repeating what the defendant swore u|Km 
the trial of ^wt^i Squirca, and with lemarkiDg 



some of the objections to which it stands ex- 
posed, without anyother proofs to eontradict it 
She swore, ** That on the 1st of January, 
1753, about nine at night, two men seized her 
in Moorfields ; and without speaking, robbed 
her of half a guinea, and three shilbngi, and 
her gown, apron, and hat, which they foMed 
up, and put into a great-coat pocket. That she 
screamend out, and then one of the men stopped 
her mouth with a handkerchief. That ifaey 
then tied her hands behind her ; after wbidi 
one of them gave her a blow on the teinple, 
which stunned her and threw her directly uito 
a fit. That this transaction in Moorfields lasted 
half an hour ; but nobody passed by in all thst 
time. That she remained totally insensible for 
six hours after ; when she found herself bj s 
large road, with the two men who had roAed 
her. That they dragged her to the house ef 
one Susannah Wells (who was at the ssme 
time tried as an accessary to Squires) at En- 
field-Wash, (which is "between eleven sod 
twelve miles from Moorfields) where she ar^ 
rived in half an hour after the recovery of bar 
senses. And it was then about four o'clock !■ 
the morning. That she there saw Mary 
Squires, and two young women in the Idtebea. 
And as soon as she was orought in, Squires took 
her by the hand, and asked her. If ahe chose 
to go their way, ssying, if she did, she should 
have fine clothes. That upon answering, No, 
Squires cut off her stays, and took them from 
her. And immediately the two men went 
away. That Squires then called her ' bitch/ 
gave her a slap in the face, pushe<l her ap < 
suirs into a hay- loft, (a few steps from tbe 
kitchen) and shutting the door upon her, 
threatened to cut her throat if she beard her 
stir or move. That when day light appeared, 
she saw about the room, in which there was a 
fire-place, and a grate in it, no bed or bedstead, 
nothing but hay to lie upon, a pitcher almoit 
full of water, and about twenty-four pieces of 
bread, to the amount of a quartern loaf in the 
whole. That these pieces of bread, and tbi* 
water, between three and four quarts, was all 
sbe had to subsist on, (except a penny mince- 
pye, which she had in her pocket) for the 
whole time she remained in that room ; which 
was from Tuesday the 2d of January, at foor 
in the morning, till Monday the 99th at four is 
the atWrnoou. And that she had no stool in aD 
that time. That no one came to her, nor did 
she see a human creature, except once she uM 
somebo<ly look through a crack of the door. 
That she had eat up all her bread on Friday i! 
the 26th, and had drank up all her water oe 
Monday the 29th, at half an hour after three • 
in the afternoon ; and at four o'clock she roads | 
her escape, which she had never attemplfld 
(nor did it ever once come into her head II 
attempt) till that day. That the manner of her 
escape, was by breaking down a board whioll 
was nailed up at the inside of a window, abool 
eight or ten feet from the ground ; from which 
she jumped dpwn, without the least hgrwi^ 
being soft clay ground. But before slw kft 



301] 



fift Wilfvl and Corrupi Perjury. 



A. D. 1754. 



[909 



ike rsoni, tbetMk a bed-gown and ahandker- 
cbief, wlHch the fbuod id the chimney grate. 
Tint hMMin^ nefer bwn on that road l^fbre, 
ikc eoqaireil lier way of |ieople she naef , nnd 
m walfceil od the f(reat road to her mother's 
kMW, (about twehre miles) without seeking 
frfkgie ia anv of the honsen on the road, for 
lavibe ahould meet with somebody belonging 
litkt bouse she had escaped from. That she 
■lifii at her mother's in Alderraanburv, at a 

a|ioat teu at night ; and she told her 
that her confinement was somewhere 
■ iba Bcrtfordshire road, which she had dia- 
cstercd while she was under confinement, by 
Mag a coach go by, which she knew fre- 
maHKk that road. And being called upon 
bv the Court to particularize the furniture of 
IM raooi she was confined in, she mentioned 
a banel, a aaddle, a bason, and a tobacco- 



"Ma, Mtlemen, was her e?idence. Now I 
waaM sak «ay reasonable, unprejudiced man in 
ibe warW, whether he ever heard a story so 
iatifvfj Anitu te of all human probability. Is 
if aal a heap of monstrous absurdities, with 
ftlthsod glaring in every circumstance ? What 
iadnee the two ruffians in Noorfields to 
f io this extraordinary manner? Did they 
to rob, or kidnap her, or both ? If only 
Itfsby why did Ihev kidnap herP Jf only to 
kidnap, why r»h her? If both, why lose 
kdf aa hour in stripping her in so jHiblic a 
phec, when multitudes Si people were conti- 
aaaHy pasaiog by ; since they niit;ht have done 
il SKorely at the end of their journey ? Hav- 
iag robbed sod stripped her, what temptations 
bad tbrjT to take the pains and run the hazard 
af arrjriBg her twtlre miles, in a fit, (supposing 
il piwhh) through se? eral turnpikes and vil- 
^ps, wbcre it was a thousand to one, that 
tbiy waoM be discorered and apprehended ? 
Ybe mmm difficulties occur at £nfietd-Wash. 
Whit ikit was in the house, was any thing 
tnaacM, whereby one can trace the motive 
if bfr being brought or confined there? At 
inl» bidced, ahe was asked, whether she would 
foibeir way ; and if she would, she should 
am Ine doilies. — ^Tbeir meaning in this was 
faA aaazplahiedy and no further persnasians 
«Bit used to tempt her ! Advantage taken of 
■eiMiae refusal,— she was instantly locked op 
fr a iDOuth upon bread and water ! Not the 
hvl inquiry hi all that time, what effect this 
kaid uaage bad upon her; or what was become 
•f hsr ! Whether she was dead, which might 
hava been expected, if she remained in the 
i escsped, which it was more rea- 
ippoie. For, see how wonders 
■uhiply f The means of escaiie were left open 
to bcr evoy momeot of the time, at the hazard 
af their Kves ! those mesns unemployed, and 
*^ \\ of, for the preservation of her own • 



la h not amaiing she should manage her al- 
mwmtm af bread and water (scarce sufiicient 



ftr • wesk'a aabsislanoe) with such provhlence, 
*at the fbraiar lasted till within three days, 
and Ihn Mar, (whioh aba couM kas en- 



dure the want of) though less in proportion, 
till with half an hour of her coming away*! 
And yet she had never received the least iBl»- 
mation, how long ahe was to remain in confine- 
ment, or whether she was to have any sup- 
plies ! That she should survive all this treat- 
ment, too hard for the best constitution, and find 
strength to walk twelve milea immediately 
afterwards, without the least refreshment or 
rest! 

These are not all, nor the fif\ieth part of the 
objections, to which this unexampled tale is 
liable. It would be mis-spending time to enu- 
merate them— they are obvious to everyundcr- 
standingf. Does there need much evidence to 
contradict this ? Does not common sense, and 
the observation of all mankind upon the course 
of nature, refute it in every instance? Yet 
such arts have been practised to engage men to 
believe it, that there are, at this day, uousands 
who embrace it as zealously, as an article of 
religious faith. Insisting upon the mere possi- 
bility of this romantic story, and having an im- 
plicit faith in the defendant's sincerity, be- 
cause her character (they say) is clear of any 
other imputation, they have been drawn in a» 
conclude upon the truth of all she has sworn. 
Such are incapable of conviction ; upon whom 
neither argument nor evidence can have any 
effect. 

Let me imagine a case, better authenticated 
than this before you, bnt in favour of which 
men have no prejudices ; and see u hat reception 
it would meet with. Suppose a pretender to 
the art of flying (an art which some soarini; 
geniuses of the last age thought practicable) 
shonid swear to have^ taken a month's tour 
round the extremity of the atmosphere, with- 
out breathing in all that time. Were no arts 
used to mislead men's understanding, were 
they lefl to judge for themselves, no one woukl 
believe this even upon the faith of fifty wit- 
nesses. For, however unlikely it is, that Hf^y 
disinterested men should concur in a fabhood, 
it would be still more unlikely, that a mau 
should be flying fi)r a month without drawing 
breath. 

But, gentlemen, this prosecution will not 
rest upon improbabilities. It was commenced 
upon the clear proof of facts ; sufficient to con- 
vince every man, whose judgment is not capti- 
vated by prejudice. 

The evidence to be produced against the de- 
fendant is of several kinds. First, To shew 
that Mary Squires was in another place, above 
130 miles from Enfield-Wash, at the time of 
the supposed robbery there. — But lest the be- 
lievers in wonders should think this insuflicient, 
and insist upon the possibility of Squires 
being in two places at once ; we shall, in the 
next phice, under various heads of proof, attack 
the whole of the defendant's evidence, 4nd 
shew that in every part of it she is forsworn. 

Gentlemen, because there may be no uncer- 
tainty in that part of the case which relates to 
Squires, she will attend here in person, to be re- 
ferred to by the witnesias. And you wiH ab ' 



SOS] 



27 GEORGE II. 



Trial ofEUzabeth Camm^, 



[AM 



■enre, (to OK her own Un^^uaffe lotbedefen- 
^aoty when she first charged her with the 
robbery,) that the Almigfatjr has not created her 
likeoess. So it is impossible, either for the wit- 
nesses, or the defendaot, to miiitake her for ano- 
ther. She is one of thai tribe of peopte called 
gypsies, and strolls about the country as a 
hawker and pedlar. She is a widow, and has 
a son George, a young man, and two daugh- 
ters, Lncy and Mary, both young women. It 
happened, that in the latter end of the year 
1752, this gypsey, with her son and her daugh- 
ter Lncv, travelled on foot into the west of 
England with smuggled goods, such as they 
meet with in sea>port towns, and sell again to 
people in the country. The material questions 
with respect to these people will be, where were 
they upon the 1st aud 2nd of January 1753? 
And when did they anve at Enfield Wash ? 

In order to give ^ou the clearest satisfaction 
in this matter, it will be necessary to go a little 
farther back than the Ist of January, and trace 
them down to the time of their liNeing appre- 
hended on the first of February. 

Gentlemen, it will be worth your observa- 
tion, with what degree of certainty the wit- 
nesses swear, not only with regard to the 
identity of the three persons, (who will be all 
in court to be referred to) but also as to the pre- 
cise times of seeiner them. And, if it should 
appear to you, that they can be under no mistake, 
either as to persons or times ; it will only re- 
main for your consideration, what credit should 
be given to their oaths. They are forty in 
number ; tltev are totally disinterested ; and of 
unexceptionable characters. 

Upon Friday the 29th of December 1752, 
in the evening, these three foot-travellers, 
Mary Squires George and Lucy Squires, came 
to lodge in a little inn at South-Parrot, in Dor- 
setshire ; and went forwards towards Abbots- 
bury, the next morning. The landlady of the 
iuu will tell ^'ou, she is certain as to the time, 
from an accident of some guests leaving a 
reckoning to pay, which she entered in lier 
book that evening : a book, wherein she had 
seldom occasion to make entries ; but when- 
over she did, it was her custom to ascertain the 
time by her almaoack : and she remembers to 
have referred to the almanack, while they were 
in the house. You will find them the next 
morning, Saturday the 30th of December, be- 
tween eight and nine o'clock, taking refi-esh- 
ment upon the road, at a place called Win- 
yard's Gap, about a mile from South-Parrot. 
The person who proves this, saw them the 
evening before as they were going to South • 
Parrot, and was so struck with the old woman's 
hideous tace, that she compared her to a pic- 
ture then in her house of mother Shi pton. The 
same day at two in the al^ernoon, they came to 
Litton, about nine miles from Winyard's Gap, 
and three from Abbotsbury. There they lay 
mt an alehouse, and stayed till Monday after- 
noon the 1st of January. This will be proved 
by five witnesses, who will give yoo a parti- 
cular account of them during all that time. 



Monday the 1st of Januaiy, ia tht 4 
they came to Abboisbury, a aet-port 
Dorsetshire ; where tney were very wd 
known by a great manv people, havhif bm 
often there before. Tliere tbey aujvd 
Tuesday the 9th. This will be pi 
less than eleven witnesses : and u i 
sible these people should be under i 
as to their persons, it will be material I 

that it is equally impossible they ahdoM ^ 

take as to the time. It happened, that tkai^l 
ciseman, stationed at Abbotiibary, wm tihii|l 
a few days before the coming of tbcK Mril 
there; and another oflicer was placed wm 
stead, who lodged in the same houee wi|lij|li% 
at one Gilihims'F, and came there oa thi'M 
same day. You will find this, aot oaM|r8 
exciseman himself, and several of the iir 
who remember his and their comioff ^ 
shall also produce the books from the 1 
office, by which the time of this maa'ai 
to Abbotsbury will appear with 
tainty. There are, besides, several 
cumstances, which lead the witneawi Wim* 
actness k\\* time, as well here, aa at tba fi|r 
places before- mentioned. 

Before we leave Abbotsbury, itwill bepmr \ 
to let you know that Lucy Squirea, tboq|li it j 
daughter of such a deformed woman, is ««yj 
far from disagreeable, and had an arquaijiiiMp| 
there, who was dear to her. This was W$\ 
William Clarke, a shoe -maker of 'that |~ 
who met them at Litton, and travelled m 9| 
day and a half's journey with them fmi /' 
botsbury. The reason of my taking i 
this circumstance will appear hereafter, i 
you find them at Basmgstoke. With 
Clarke they left Abbotsbury on Tucadi^jl 
9th of January, and went to Porteraban, «bi . 
they ky that night. Wednesday the lOlb Af 1 
went to Uidgway ; where Clarke took uHf] 
willing leave of his Lucy, after obtaiBH|lvJ 
promise to send him a letter soon ; tbeyfiri^i 
Kidgway that night; and, the neat 
Thursday the 11th, you will find them en 
the waters by Dorchester, which wen 
high after great rains. They had reocifffitf ] 
account, that the other dangbter Mary VIlAI 
and so travelled faster from this time toblif 1 
home. Friilay the 13th they lay at QMfc ] 
Saturday the 13th at Martin, in a fi *' 
barn. Sunday the 14th at Coooibe: 
whence thev proceeded the next dayial 
road to London. 

The next account you will receiTe ef t 
will be Thursday the 18th at BaauigiUhPf] 
which you will observe, according to th^n 
of travelling, to be four days jannM]f ftl 
Coombe. And here you will find a piaoi 
evidence very material, and coneluaive vilb 
gard both to persons and times, and whkh' 
confirm the rest of the evidence before it !§,■ 
utmost degree of certainty^ I meotMiiii| 
fore, that Lucy Squires bad prowlni ) 
sweetheart, William Clarke, to aead UGi 
letter on the road. It waa at Ab plan ^ 
performed her promise. But beiDg an ^"-^-^ 
1 






joa] 



far Wilful and Corrupt Pmjury. 



A. p. 1754. 



ffirit *he was olitigfed to bave rt^cour&e to tke 
IftndUdy (tf tbe iun to write tor her. The 
l»lt«' i« dttted Uom Basingstoke, tbe 16th of 
jAoumrv 1755. Tbe lanillady, Mrs. Monis, 
niiJ (cli^oii it was wrote by her at tbe lime it 
htrntn da<e, It will appear with ilie Basjo^- 
UtitafHist-mark upnu »t. There being no direct 
fMllrom BiiHinf^sioke to Dorchester, the letter 
wiaput into (he Londtin bag ; and Ibtfrefore 
lilt Lomlon pota-m^irk isali$o U|ion it^ hy vihich 
it w%i\ flfipear, that it caci^ into the generaJ- 
f«t office on the 19th M* January. It hap- 

CMihat ihi<« letter (^^liicb will he read to you 
Um course uf the evidcncL) refers to lU*; cir- 
eamsfaiiDe of Clarke*!* truvelliog with thetn 
ijrora Abbots bury, 

Friday ibe I9lh they went lo Bagshot ; and 

Saturday the 2uth to Hreniford ; where George 

M bia iDOther the Sunday mornjug, to go to 

bk sister Mnry, whom he fouriLl well enoue^h 

recovered to ^o with him to Brentford toe 

Monday to her mother. Tuesday the 33d they 

lay at a house called the Seven SiVters at Page- 

giHn by TotieDhain. And lire oejit day. Wed- 

flCtday the SHh of January, they went to En- 

fteU-Wash. Here they were si rangers ; aod, 

ia^iriog for lodging, had the ill tu«k to be re- 

osmrnetided to Husaonah Weils, whom they 

bad nerer aeeo before. 

Happy for that woman, that these unfortu- 
oitr straiiurers came to her house ! In all hke- 
libood she owes her hfe to that accident. For^ 
^ there been no old woman in her hotise, 
Mdfs herself; nay, had she not (another ac- 
Wiut 44ir which she is indebted to Frovjdeueel) 
Chir^ifed seats witli the old gypfiey at the tire- 
Mt^ live minutes before the defendanfii arri%'a1 
*lisre an tbe Ist of February — there is loo much 
nuMi lo believe, that Wells herself had been 
'tKiiied of lliia felony. Had it ao happened, 
•kt iiame evidence, ' which was applied to 
H|BtPN| would ha?e served for her conviction, 
m she had no alibi to save her lite. The de- 
Mttdaot had then been prosperous in [>eijury ; 
iid the means of detecting liev had been boroe 
^O'Sii by popular clamour. 

Squires, her son and daughter, remained at 
Wellft's, from the*24th of Jauiuary till the ist 
if February; when they wei^ apprehendeil. 
^knt h'ippened that day will fall under ano- 
tWrliead of evidence. 

I liM^e now done tt ith that part of tbe prose- 
Mr** ca^e, so far as it relaf** to the inoo* 
4iiGe of Mary Squires. Upou which I shall 
Hly obsenre, that, if the evidence brouQ^tit to 
lD{>pnrt It is clear and convincing, it will be 
loo late lor the defeodant to shelter lierself 
Bader any pretenee of a mistake. For whether 
ibe was robbed by Squires, or not, was the 
malerial cjucstion upon that woman's trial, 
hc»r fate depended upon the defendant's 
life testimony. Ami it is worthy observa* 
ibti ibere was not the least doubt sug- 
wben she was giving evidence against 
It remarkable per^un in tli« world. 
|.»iTi#if,. the neit bead •**^ **idcoce will 
^vbal wttuM olf iM i&ieot 



to eofiviitce all mankind) thai the defendant 
could give no account of ibe room she |ire- 
tended lo have been confined in for a whole 
month together; and that the place she aher^ 
wards fixed upon, ami positively swore to, wai 
not in any resipect answerable to her first de- 
icription of it ; sad thst her ilescriptioii of the 
room upon tbe trial of Stjuires, was in conse- 
quence of its being shewn to her some little 
time before. You will &lso find her evidence 
flatly contradicted, in a variety of material 
circumstancest by her own ioformatiDn upon 
oath at another time. 

It has been urged in the defvudaol's hehalf, 
with much shew of reason, that her giving ail 
exact description of the place of her cootSne-' 
ment is a strong proof of her having been there. 
But on the other baud> if her dc^criiHion of ] 
the place of her confinement was us unappli- 
cable to the room she ventured afterwards to 
swe«i- to, as it was to St. Paul's cathedral, is it { 
not aa unanswerable proof, that she was not ( 
there ? For can it be imagined, she should bdjj 
alone in a room for ^H days, without any ob- 
struction of her senses, and at the end of that I 
lime as ignorant of it, as if she had t»ever seeUt | 
or heard ol such a place? 

It was on Monday ni^ht the S9ib of Ja» 
Duary, according to her account, thnt the d^ j 
fendant returned to her mother CJn Wednes- 
day the S 1st she applied, with several of hef j 
friends, to Mr. Cbitty, the sitting alderman, [ 
for a ivarraot against Wells, upon suspicion of I 
having robbed her. For at that time she did f 
not pretend to certainty. The alderman havini^f I 
heard her story, thai declared his doubts,] 
and called upou her to authenticate it by a par- ' 
ticular description of I he place she had been in. ' 
8he swot e it was a little, square, dark room, iti i 
which was an old siool or two, an old tables I 
and an old picture over the chlianey. And j 
this was all the description she gave, Na f 
mention of any bason, saddle, tobacco-mould, I 
or barrel ; and so far frooi any pretenee of bay, | 
that she complained of having been forced tu J 
lie every night upon the bare fioor. Hlie also | 
swore, that her modicum of bread was in five j 
or bix pieces, (not four-and-twenty) and thml 1 
she left some of the water in tlie [Htcher, when 
she came away ; that she escaped by the help j 
of a pent-house under the window, upon whict 
she slid down, and from thence jumped upon i 
bank on tbe back»side of the bouse. 

A IV arrant being obtained from the alderman, j 
it was agreed upon by her friends, who bad! 
heard this, to go down to Wells's the next^j 
morning ; and after securing all tlic people in f 
tbe house, to inquire whether aoy room there I 
was answerable to the account she gave ; re^ j 
volving, if the) found she spoke trtttli, to mx\^ ] 
port her to the utmost of their power; if other*! 
wise, to drop her. The next morning they aU j 
set out for EnbeId*Wasb, and immediately se- 
cured alt ilie people in WetU'st house; there J 
were Mrs, Wells, Mary Squires, her son and! 
two daughters, Virtue Hall, and Fofttme ^jft« j 
tii&, and bii wile Judith Natus. 

X 



SOT] 



^ GEORGE IL 



Trial qf Elizabeth Cannings 



[SOB 



It will be proper here to describe this house, 
aD(l the lereral rooms io it. At the entrance 
into the house there is a stair-«ase, the bottom 
of which is within two or three yards of the 
street-door ; this sUir-caie leads to three rooms 
OD the first floor, in one of which lay the old 
KTpsey and her two daughters, in another 
Gosrge Hqoires, and in the third Mrs. Wells 
and her daughter, and Virtue Hall. Below 
Htairs, on the left side of the Kttle passage from 
the btreet-door, is a parlour, in which all the 
family were placed, as soon as they were 
seized. On the right hand of the passage is 
the kitchen, from which a door opens to a little 
fli^;bt of seren or eight steps, leading into a 
sort of lumber ruom or workshop, where Natus 
and his wife lay upon a bed of hay. These 
stepH or stairs are inclosed in the room, there 
being no door but at the foot of the steps, 
which separates it from the kitehen. And this 
place, which some call a workshop, and others 
a hay-loft, (on account of some hay usually 
kept there) the defendant was pleased to fix 
upon as the place of ber confinement. 

The arrival of the defendant's friends was 
above an hour before her ; but no room could 
be found like what she had represented. There 
were two persons, one called Adamson, the 
other Scarrat, who (for reasons best known to 
themselves) were extremely desirous of recon- 
ciling every difficulty ; and they would have 
it, that this lumber-room most be the place of 
confinement. But some obstacles were to be 
removed. There was a quantity of hay, not 
less than half a loail^ in the room ; and not a 
word of bay had been mentioned. These two 
ffcutlemen imagined she might have forgot it, 
and proposed that one of them should ride back 
to meet the defendant upon the road, in order 
to ask her about it. They cast lots, who should 
go u|)on thiM honest errand, and it fell to Mr. 
Adamson. In a little time Adamson returned 
brandishing his hat, and exultinjr, * We are all 
right ; she says, there is hay in the] room !' 
She had never said so before; and, if she for- 
got to mention it, she also forgot the use of it, 
for the whole month while it was before her 
eyes. For she lay upon the bare boards ! 

But this was not the only difficulty which 
required the skill of Adamson and Scarrat to 
solve. The room is neither square, nor dark, 
uor little. It is thirty five feet three inches and 
a half lonir, by nine* feet eight inches wide : it 
is extremely fi^ht, not only from the windows, 
(but one of which she pretended was boarded 
up) but also from the roof itself, which is of 
pantiles, raised above the walls, so as to let in a 
great deal of light from the top. There was 
no grate in the chimney, nor the least sign that 
a gi-ate had been there. For, in the first place, 
there was no hearth to it; and besides, the 
whole chimney, from the bottom upwards to 
the mantle-piece, was full of cobwebs and 
nastiuess. It is impossible therefore that a 
grate or any thing ebe could have been there 
witliin three days before, or indeed, as many 
months. There was a large chest of drawers 



by the side of the wall, which she bad said oo- 
thing of. Did she forget this too f Perhaps 
it had been put there since her escape the Moa- 
day before. Remove it, and see whether it 
has the marks of lon^ stondidg. The experi- 
ment was made, and immediately fifty spiders 
ran out, to give testimony of a hmg, uadistnibed 
possession. Instead of any pictures over the 
chimney, there waa an old broken caoemenl^ 
which filled the whole place, and had the lifca 
vouchers for its long standing ; the oobweks 
uniting it to the wall. Where was the stool 
and table she spoke of P Nothins^ like either Is 
be found. Where was the pent-house, or shed 
of boards under the window, by which she 
escaped? The wall on both sides perpendi- 
cular ; the windows but eight feet fimn the 
ground on the outskle ; and there never was 
either |)ent-house, or shed, or any Xhm^ ein 
by the wall. On the right-hand side comip| 
into this nasty room, was some hay made ii 
the form of a bed, with a little bar of wool Vf 

"lie 



way. of bolster. And Natns's wife was 
just rising from this bed. Near this bed's- 
head was a hole, through which a jack-tiM bad 
formerly run from the kitchen. The hole was 
almost lai|re enough to thrust her head through, 
and looked quite over the kitehen. This she 
never observed ; for she saw nobody but oBoe 
during the whole month, and then it was 
through a crack of the door. Over this bole 
were the pullies of the jack-line, which she 
also forgot to mention. 

In short, she forgot almost all the things 
that were there, and supplied her defect of 
memory, by naming several thin|^ which bad 
never been in the room. By this time there 
was a great com|nin^ of people in the bouse; 
some led by curiosity, some hy justice, and 
some by motives which must be left to them- 
selves to assign. At last the defendant arrived 
with her mother in a coach. She was imme- 
diately conducted to the kitehen, and set on the 
dresser. The door leading to the lumber-roooi 
was then open, on her left hand, and within 
three yards of her, so that she could then aeeaU 
the stairs, and a considerable part of the room ; 
yet she took no notice of it. Nor did she drop 
the least hint that the kitehen she was then io, 
was the place where her stays were cut off; 
though she remained in the kitehen five or sis 
minutes. She was then nlaced on a chair, 
with the door of the lumuer-room open o« 
her right hand, wliere she could see up into 
other parts of the room. Still, not the least 
notice taken of it. It was then proposed to 
carry her into the parlour, where all the fami- 
ly were pri84)uers, in order for her to fix upon 
the person who cut off ber stays. 

In the mean while the prisoners were dis- 
posed in the room so, as she might have a 
distinct view of them all. Mother Welle was 
placed on the riGrht side of the chimney, and 
the gypsey on the left. But, a few mmiitas 
before the defendant's coming into the parlour, 
the two old women hail changefl places, and 
the gypiey then sat on the right side of th« 



309] 



Jot Wilful and Corrupt Perjury* 



A. D. ns^. 



[310 



Cihjauiey, Waning over tbe firet almoat double, 
•ad «moktPi( her pipe. In this silualion were 
they, w lien the ilG^nilant entered ihe ruorn j 
^iJ ill a momeutf withoul seeing her face, 
l^iuling' 10 the ^yp«ej, she said, This is the 
iroioan who foW»ed me of my nays. The poor 



dictmentf yet thii is aot aI), For^ instead of 
relyinof upon circumsianee^, hnwpfer bhIis- 
fuclorvt we shall ijo furilifr, and shew by di- 
rect, positive evidence, ihat the defendant waf 
not in tbif room in the month uf January > 
Natui, a pnur lubouiing man, and his i^'ite. 



fhtd woinan smokiiicr her pipe, was inatlenii?e ' will tell you^ tliai this bed of hay waa their 



I to wh at vraa said. But one of her daughlers , 
■^Mntedy L^rd I mother, the young woman 
^^^^it robbed her. 

^^RmL^diately the ^ypsey starting' from her 
cbiir, «nd looking in astonishment lull at her, 
cipotetl her hideous face, which till then was 
cof ered with a clom. * I rob you ! Take 
oit «vhmt you say ; if yon have once seen my 
laoe, you cannot mistake it, for God never 
Hide tuch another V And being told that this 
fict was commiited on the l&l of January, the 
old woman immediately, without the least he- 
iiution, declared abe was then above ane hun- 



only lodifing during Ihat whole month, and 
for live or six weeks before ; aod that they lay 
in this ?ery room every ni^ht ; and this will k>e 
confirmed by the evidence of several other wit- 
nesses. They \V\\[ all lell you^ that this room, 
being the repository of Wrs, Wells^a hay, with 
which her horse was fed, and nf pollard for the 
ie<Hling her pig, waa visited by some or other 
of them every day. That this black pltt^lier, 
which the defendant says was in the room for 
all the time she was there^ was in constant use 
in Ihe family, aod filled with water from a 
neighbour's pump almost every day, during the 



dred miles off*, in Doraelshire. And George i time the defendant pretendB to have been in the 
Quires then said, they were at Abboubury r house* That none of them ever saw the de- 
M tho 1st of January, and for several days 1 feadant, or heard of her, till the came down oti 
.iw D.^#„.t«.w.„= «r :„»«r,^r..,o ,«^^^ *^ -.^ I the 1st of February with Mr. Alderman Chitty'i 



ifbr« Protestations of innocence were to no 
Mrpote; the defendant remained positive, and 
Bliry Squires must suffer for it. 

Tm next thing to be done, was to fix upon 
lbs raom. iu the firiit place, the defeuilnnt 
iulTered herself to he led up the great stuir- 
cut from the street door, and so into all the 
noma forward. But neither of these was the 
VMai« Not the least noiice taken that the 

£K« iibe was conBoed in was conlii^uous to tbe 
tclin], and but a lew steps from it ; not at at I 
liketbb stair-case. At last she was conducted 
lo (he lumber-room ; and, alter |iausiog for 
aoQ»e time, she declared lb»9 was the place ; 
bot that there seemed to he more hay than she 
W obneived during ber eonliuetneot there. 
Tbe witnesses, who had heard what shs swore 
hhtt Mr. Alderniati Cliitty, and hud made 
t&eir observations upon this toum ju^t before 
bcr ^iDiog down to £nfield-Wash, were aato- 
'""* bbe then recollected one of tbe three 
and the barrel, basou, and tobacco^ 
M^uld ; neither of which fihe had mentioned 
^n^. But she remembered nothing of the 
dMitof drawers, the broken easement over the 
*k«naey, llie hay-bed, the bole in the walU 
Mr tbe pulley. One asked ber, Why she had 
»i* openefl the window casement, and escaped 
ibil tray, fteeing she might have done it with- 
*t the least difficulty ? Her answer was^ 
ill took it for grauteu it was nailed, but bad 
•ner tried it 

The effect these observations had upon such 
^^ her friends, as did not go there with a re- 
*o)tttiaa to assist ber in all events, is eas^ to 
»€. They were satisfied she was an un- 
and withdrew their assistance. Their 

AiiBai«reMr. GaweuNash, Mr. Hague, 

taJMf. Aldridkj'e, citizens of established 

'^Ulation; who will give you a very f;iilhful 
tod circumstantial account of this whole traiis- 
adioo. 

Though what baibeeo already opened would 
M ikuidaiiUy suffideot to maimain thia iu- 



warrant 

Ezra WbifBn, who keeps an inn in the 
neighbourhood, will be produced a witness to 
prove, that he bought of Mrs* Wells a sign, 
which formerly hung at her door, when she 
kept a public-house; and on the ]8tb of 
January he took it out of this workshop, aud 
Natus^s wife was then lying there upon a hay- 
bed. He will fix the precise day by a very 
particular circumstance, in which he will h% 
confirmed by another witness. 

John WhifBo, his son, went with htm to 
bring away tbe sign ; aud stayed below in the 
parlour, while bis father went up into tbe room 
for it 

Three witnesses will be jirofluced to pr^ve 
their lopping trees by tbe siue of Mrs. Wetla't 
house on tbe :Stb of January ; ond at that tery 
time they bad some conversation with two 
women. Virtue Hall, and Sarah Howit, another 
witness, then loukiog out at the window of this 
very room, where the defendant is supposes! la 
have been confined. And the time of their 
lopping the«e trees will be fixed alto by a fiAh 
witness to thii fact. 

Such of these witoetaes, as have been in tbe 
workshop, will give you the same account of 
it, as you will find by the other witaesseato the 
former head of evidence. 

After proving tlie defendant perjured, not 
ouiy with regard to tbe person whom she 
cbarifed with having robbed ber, but also as to 
the place in which she swore she was confined ; 
we shall need an apology for proceeding fur* 
ther. But to cut ofi* all pretence for excuse, 
we shall beg leave in another instance to shew 
the defendant's guilty by ber own testimony. In 
her evidence at tbe lUd- Bailey, set forth iu 
this indictment, she swurc tha't she drank up 
all the waler in the pitcher, about half an hour 
before the time of her escape. Before Mr. AK 
derman Chitty she swore that she did uot drink 
it ill, but soute of it remamed io the pitcher 

a 



311] 27GE011GE II. 

when site came away. But in an informatioD 
•he made before Mr. Fielding, a justice of 
}>eace for Middlesex, (which we shall produce 
for this purpose) she swore that she had drank 
up all the water on the Friday, and so had not 
a drop to drink from that lime till the Monday, 
on which day she escaped. The pain of thirst 
has lieen felt by almost every one, at some time 
or other ; and whoever has endured it for three 
days and nights, will be sure to remember it ai 
Idns: as he lives. 

These self-contradictions therefore could not 
arise from mere mistake ; except only it was 
ibr^retting' at one time, what she had sworn at 
another. A liar, says the proverb, should have 
a good memory. But he who is resolved to 
speak tnith, needs take no pains to recollect in 
what manner he had told his story before. 

Gentlemen, to all this evidence we shall add 
two circumstances, which you may possibly 
think worth your attention. Soon aher the 
defendant's supposed return to her mother, she 
was visited by a midwife, who was an old ac- 

Suaintance; to whom the mother, in the 
aughter's presence, related the whole story. 
The midwife's curiosity took place of her pity, 
tfnd she desired to see the shift which the iJe- 
fendant was supposed to have worn for a month. 
7he observations made upon it will best become 
the witness herself to tell you. They lead to 
suspect strongly that it had not been worn so 
long as was pretended. On the contrary, it 
looked as clean, as if it bad not been worn three 
days. 

The other circumstance is a striking one. 
After the conviction of Squires, there was a re- 
examination of the case before the late lord- 
mayor, in order to pave the way to the throne 
for mercy, which proved effectual. The de- 
fendant was present at that inquiry, and the 
bed-gown which she pretended to have taken 
out of the workshop, as also the pitcher, were 
both produced. She was very desirous of 
taking ihem with her, which my lord-mayor 
objected to, and proposed that they should be 
deposited in some public place to *be seen by 
any body, because they might possibly lead to 
a discovery. What induct^ the defendant to 
be so extremely anxious for the possession of 
this tattered bed-gown, and broken pitcher, is 
hard to say ; but she was so much bent upon 
it, that she unwarily claimed a property in the 
bed-gown, and said. It was her mother's, if 
it was her mother's bed-gown, how did it get 
to Mrs. Wells's? 

Tills, gentlemen, is the nature of the evi- 
dence we have to lay before you ; upon the 
wi'iglit of which there can be no doubt out you 
will find the defendant guilty. 

Mr. WilUt.* 1 am counsel in this case for 
the crown ; and though I cannot help feeling 
•ome concern fur the unhappy situation of the 
prisoner at the bar, yet 1 own I r^ce» for the 

• Id 17.06 Solicitor Ocaenl s in 1707 a 
Jlkllgtfor B R. 



Trail ofElizabfih Cannings 



[319 



sake of truth, and for the sake of the deluded 
multitude, that this matter is at length to re- 
ceive the most solemn and impartial examim^ 
thin. For, in what light soever we consider 
the prisoner's history of herself, either as a 
gross imposition on the worid, or, as othen 
would have it, a wonderful and miracofoot 
truth ; most certainly it is a fact about which 
mankind have been much divided, whifch hat 
been the cause of great nneasinest and diatrao- 
tion in this country, and concemm^ which the 
minds of the people ought to be quieted. 

Nor can we wonder at these dissentioai 
among the populace, when many able wmk 
great magistrates have engaged in this dis- 
pute ; some of whom have with great warmlh 
and eagerness declared themselves implicit bs* 
iievers of this amazing story, whilst others havs 
looked upon Elizabeth Canning as the moil 
vile and abandoned impostress. 

I do not mention this with an intent to throw 
reflections on the patrons of either side of lbs 
question ; the wisest of men have been de- 
ceived, nor will it be any imputation on their 
character, that they have been S0| ihiImi 
there is any reason ibr conjecturing, that cilhsr 
through partiality, prejudice, or other atiU 
worse motives, they have wilfully shnt their 
eyes to the truth. 

Far is it from me to insinuate that eny 
thing of this sort has happened in the prsssit 
instance: I verily believe that the fountain of 
justice in this kingdom has flowed, ttiroii^ 
all its channels, unstained, uncorropted, and 
clear from all manner of pollution. I hope 
that those who have sat under his majesty's 
commission of the peace, have acted merely 
and singly in that capacity, and have not de« 
scended from the dignity of magistracy, to be* 
come advocates for either party. But lie that 
as it will, it is not our dut^, as counsel ibr the 
prosecution, to take notice of collateral di^ 
cumstances or eztraindicial behaviour in any 
one ; it is our business only to hi)r the partieo- 
lars of the charge a|piinst the prisoner bcftrs 
you ; and if the weight of evidence appears 
clearly to be on the side of the crown, I da 
not doubt but that the truth will be irresistibhi 
and that we shall have your verdict for the con- 
viction of the prisoner. 

And, gentlemen, the prisoner stands indicted 
of one of the most heinous of crimes; an en- 
deavour, by wilful and corrupt forswearing her- 
self, to take away the life of a guiltless person ; 
and without aggravation, in the black cata- 
logue of offences, I know nut one of a deeper 
dye. It is a perversion of the laws of ner 
country to the worst of purposes; it is wrest- 
ingthe sword out of the hands of justice to 
shed innocent blood. 

Let us reflect a moment on the sad catas- 
trophe which mij^ht have ensued. On her evi- 
dence Mary Squires was condemned to he exe- 
cuted, and had suffered the judgment of tin 
law, but for the wisdom and clemency of bis 
uigcsty, ever careftll, ever tender of the livce 
evea of the meucst of his sobjeels. Duriag 



I3I33 



jGr Wilful and Corrupt Perjury. 



A. D. 17M. 



[SU 



^ tbe A|y|4tcariori iHut f¥iis made to the (hrone for , 
» iwtfc^ *t'* ^*Tf» prisoner abate aufjbt oHier re- 
. Ptttf! liSt tlie UDhii|ipy convict? No; 

[^■|CLi ^. . ..Jit nerer inlbe least relenteil» Got! 
^^Htf , tti«t the measure she has meted another^ 
HBid this tli&y be measured to tier again ! 

Wlieo I I hi ok of Ihe age of the ^urhoner at 
tUt bar, scarcely yet above Dioeteen years old, 
I tto hardly per^aade myself that haman oa- 
ttttf cotihl &o early attain to such a piteb of 
wtdeditess : but when I attend lo the very 
tfnog nod coDTinctng proofs we hate to pro- 
due apinfit her, 1 must gtve tip rtiy reason fo 
■I iDeredulrty, if 1 any longer doubted, whe* 
ibef -'. u'liilty urnot. 

A aicii, the whole we bare to lay 

befaic *uii iu ^upportof this heavy charge^ will 
aitanfty arise under one or other of these con- 
ii4er«tiiiDs r the numberless loconsistencieS| 
mil even ctjntraiyct'iona of herself in her owo 
tiideacef as tak^n at different times before dif- 
fenml magistrates; the improbability of her 
tHoryr the t<*stimoQy of a multitude of wit- 
owes of credit and character, who contradict 
bir ttiHrrially in almost e?ery circumstance 

men, in order to make jou scnsi- 
hk huvi tit -(|tientty Canning bas ?aned in her 
«iD account ot t&ese facts, it will be neces- 
mij to inform you that she hat been examined 
01 Mih four several times. On the 3 1st of 
^^luotry before alderman Chittyf when a war* 
^HWitis granted, fnr the apprehendjfig^ IVIrs. 
■iWilk; on the Kt of Kebmary before justice 
TV»l»ni»ker, after she had been down at En- 
fittit-W^th ; on the 7th of Fibruary before 
'lelding ; and on the 21st of Febiuary 
111 of 8()Liires ; on which last exami- 
uum we hafe assigned the perjariea men- 
tiVQeil in tbe indictment 

In tracing her through these several exami* 
lttian<, we shall have an opportunity of 
^•coti rii»g what variations from time to lime 
llieretre in her story, what new circumstances^ 
iaft|)lements, or embeMisbmenls were aildeii to 
J^fin^t relation ; and then we i^ball be able to 
jihlgt icDpiirtiiilly wlrether all these are recon- 
ciliiMe witti truth. 

Before alderman Chilty her evidence wa« 
joapty this ^ thnt she was robbed by two men 
<• Moor fields of her inoney» hat, gown, and 
^p: that there she received a blow on hfr 
"iil« which stunned her^ hut did not so I'ai 
^ive her of her senses, but that s,he remem- 
^ her being afterwards carried through 
BUiojMgate'Street ; that she then was dragged 
^ inorUer Wells's, and there strip! of ber 
••yi, and bet'ause she would not go ibeir way, 

£tt is termed) confined in a little, sijuare, 
It^ or darkish room, which had nothing in it 
fctit in old grate, an old table, a tiloo! or two, 
•oil irfome pictures over the chimney : that 
there were tour or five pieces of bread and some 
Water, ou which she lived t!ll she made her 
*arape; and thnt she lay atl the time on tne 
tiartf hoards : that she got out of tbe window ou 
I small shed of boards or peutOiuuse, down 



which she slid, baviiig clothed herself with an 

old befl-gown tod handkerchief, which §hele<»k 
from tbe grate. 

This is the short account she gave at fiwrt 
before the alderman, for her story had not tben 
received half its decorations. The circoni- 
stance of her being[ subject to fits was not then 
mentioned : no bmt of any gypsey*» being 
concerned, much less any description of Mary 
Sf|uires, the most remarkable woman in her 
person that ever perbap«h existed: not a word 
of any hay being in the room ; though it np* 
peared, on her coming doi%n to Enfield, that 
there was above half a toad, which bad been 
laid- in the summer before. Let any one then 
believe, if they can, that, during her long con- 
finement, she could overlook such a quantity of 
bay, and continue night after night to take upr 
ber hard lodging on the bare hoanls \ 

In her examination before justice Tashmak^r, 
ber story receives several new improvement*. 
Sshe had seen Mrs, Wells's little work-house, 
so uow drops the unfortunate circumstance of 
its bluing a little square room : had she ever 
seen it before, she could not have so described 
iL She now recollects more particulars of 
what tbe gypsey said to ben that she pro» 
mixed her, if she would go their way, she 
should have fine clothes eiiuugh. This attack 
(if it deserve the name of an attack) on the poor 
innocent girl's virtue, was a proper subject to 
excite the compassion of the public, and a 
pretty use was made of it lu the several adver- 
tisements, which were printed at that time, to 
rai«5e subscriptions for her. 

She now swears, that al'ier she caioe to Mrs. 
Wells's, a man unknown to her took away her 
cap. This expressly contradicts her former 
evidence, in which she snys bhe was robbed 
of her cap in Moorfields. fibe now inlroiluced, 
for tbe first lime, the circumstance of the fa- 
mous broken-mouthed black pitcher, on the 
water in which, and some pieces of bread, she 
lived till the Wednesday before isbe made her 
escape, when the whole was consumed. No 
wonder she could now describe the pitcher, 
which wa»i artfully conveyed into the work- 
shop bv her friend Adamsou before her arrival 
at Enfield Wash. 

As to the circumstance of her provision last* 
ing ber only till Wednesday, it neither ogrees 
with what she aftcrwiinls swore before justice 
Fielding", oor with her evidence on the trial of 
Mary Squires. Troth is always consistent, but 
falshood and fiction must be judged by another 
criterion. 

We are now come to ber examination before 
justice Fielding: I know not through whal 
meibum tliey were conveyed, but she had cer- 
tainly tiien rereivcil some new ligbi», and ii in- 
fititiely more learned and artful in the manner 
of her tc lling her st ry . The men, she swears, 
in Moorfields feloniousTy urd vitdt-nlly took 
from hf^r a shaving hat Sec. These worda» 
' feloniously and violenti),* are not the txpref- 
sions of a poor illiterate girl^ perhaps they tire 
the suggestion of her solicitor. 



315} 



S7 GEQRGE IL 



Trial of Elizabeth Canningf 



[316 



She DOW swears, that the blow in Moorfields 
threw her into a (it, which fleprived her of her 
senses ; and that she was used to ba?e fits, 
which lasted six or seven hours. This was an 
useful and necessary embellishment of her 
story, as a fit accounted much more naturally 
for a six hours insensibility, than a blow which 
only stunned her could do. That on her reco- 
very she found herself in a high road, but that 
she was so intimidated, she durst not call out. 
Jt was proper to grive a reason for not dointj^ 
what any body in her circumstances naturally 
would have done. I own I always admire and 
suspect an affidavit, which assigns a reason for 
every thing which is sworn in it. 

She then swears she was shoved into a back 
Toom without any furniture at all in it. I will not 
.Hlwellon this trivial mistake in her account ; and 
yet surely, in the imagination of a girl who had 
had ber education at an alehouse, stools, tables, 
and pictures, would be deemed furniture. But 
it is material to observe, «he now says, that on 
Friday, and not Wednoday , she had consumed 
all her bread and water. This alteration of her 
evidence from Wednesday to Friday must have 
its design : weak and ill as she was, could she 
have been able to walk from Enfield to Lon- 
don in less than six hours, which is eleven 
miles, if she had received no sustenance for 
five days before? Whereas shortening the 
time of ber being without any refreshment, 
took off a good deal from the improbability of 
this part of her story. 

In her evidence on the trial of Mary Squires, 
she adds still some new circumstances. She 
saysvon her recovery from her fit, she found 
herself in a great road, where there was water. 
This addition was not without some view, and 
I think there is no difficulty in finding out 
what it was. It supplied the world with a 
reason, why she and her friends at first di- 
rected their inquiries towards Enfield- Wash. 
A barrel, saddle, bason, and tobacco- mould, are 
now recollected to have been in the room : 
strange, we should never hear any thing of 
them before ! 

She now swears, she had not drank all the 
water till about a quarter of an hour before she 
escape<l. This amendment of her evidence was 
with the same intention as the former altera- 
tion from Wednesday to Friday ; that is, to 
lessen the imurolKibiTily of her being able to 
walk from Euneld to town, without once stop- 
ping to take the least refreshment. 

These are some of the most glaring contra- 
dictions in her own evidence, which must strike 
every body who reflects that these were parti- 
culars iu which she could not err either through 
forgetfulness or mistake ; I will not say more. 

But to this we may add the improbability of 
ber whole story, which is as it werefelo de te ; 
at least, it is such a tale as requires the strongest 
proof in the world to compel us to believe one 
tittle of it. The two ruffians to continue with 
ber half an hour in so public a place as Moor- 
fields, and though it was so early io the evcn- 
ingi (an hdiday-eveoiDg too) yet when the 



screamed out, for nobody to hear ber ! but why 
first rob her, and atierwards kidnap her ? Was 
it their design to rob her only ? or, to rob ber, 
and afterwards carry her where (in thegypsey 
language) thev hopol they should oblige her to 
go their way Mf a robbery ooly was designed, 
would they have carried with them the strongest 
evidence of their guilt ? If their purpose was 
only to add this poor girl to the herd of wicked 
wretches at mother Wells's, what reason was 
there to begin their seducement with a rob* 
bery ? At these kind of houses a young woman 
may be easily stripped of ber money, and yet 
no robbery committed : mother Wells might 
soon have made herself Canning's cash- 
keener, without the aid of a blow to stun ber, 
or the terrors of a case-knife. If her mordcr 
was intended, why not have done it cm the 
road ^ Why not on her first arrival at EnfieM- ' 
Wash ? Why was she supplied with any bread 
and water at all ? 

Her fit likewise is of the marvelkius kind ; 
it continued on her near aix hours ; went away 
in an instant ; and though she was used to have 
fits on any fright, yet she never had another 
during her long and terrifying confinement 
How amazing Uiis ! What ! a girl used to fits 
on frights not have a fit for a month tocher, 
when she might naturally expect, dunng all 
that time, every next miuute would be her 
last! 

But let us now follow this wonderful girl to 
Enfield ; not forgetting one very extraordi- 
nary circumstance in her evidence before the 
alderman, that though she was stunned in 
Moorfields, yet she remembers afterwards hrr 
being carried tlirou|g[h Bisbopsgate-street. Is it 
creilible, on her coming thither, that the gypeeyt 
an artful procuress, hackneyed in the ways of 
women, should only slightly ask ber to go their 
way, and, because she faintly said No, should 
give over all further attempts ? Was this acting 
uke the president or lady abliess of such a 
house as mother Wells's ? 'Was this any proper 
trial of the prisoner *s virtue? I hope, for the 
honour of the female sex, that there hardly 
ever was a young woman not above eighteen 
years of age, who did not say No, once at least, 
especially if solicited by an ugly, old decreptd 
hag. And yet this faint, this half- consenting, 
no refusal, is the only reaM>n given for her 
long and barbarous confinement. Her confine* 
mcnt ! To whst purpose was it ? What ! starve 
a young woman out of her virtue ? Rich food 
and strong liquors may do much ; but bread 
and water, cold and hunger, are not apt to in* 
flame the passions. 

This bread and water ; a broken |iitcher of 
water, and just twenty -four pieces of bread, 
about equal to a quartern loaf; before alder- 
man Cbitty these twenty -four pieces were not 
above four or five. But be they more or lesip 
when was the pitcher of water and these con- 
veyed into the room.^ Was there any expecta- 
tion of snch a guest ? No. Were they carried 
in after Canning came thither, and before abe 
was shoved into the workshop ? There waa not 



J6r fVilfiJ and Corrupt Perjury. 



A. D. 175*. 



[318 



to msikt such a pirticuhr provi- 
tiippofiUion tiiat lUey might be 
the rootu alter Caotiin^ ^vas 
IF ex[trps$1y swears, tlmt no 
the room'frora the lime of her 
^ll fehe made her escape Virtue 
iriri Uvr information says, thai the 
water was conveyed in there aftei"- 
I 1 fthall lay her evlilence out of the 
'ally 3^ she h in this circumstance 
ecMU iiy thtt prisoner, 

it Virtue Hall's name, I 
king notice of an argrinuenl 1 
favour of the prisoner's inno 
ih[% That Cannin«^ and Virtue 
il«ter together before Virtue Halloa 
mm\ yet they u^^rce in almost 
.nce of the story, «od ihere- 
•ftileiK'e niusi te true. But 
ihtfl is a very easy aod nh- 
does tiot at alt A[)pear, but that 
irtue 11 till were together before 
exatninatton { at least, it is cer- 
haf e found out snmc means of 
their sentiments to each other, 
swer the same end. It is Tery 
,t ViriHu Hair« confess ton was 
t (lot u hat reason I know not) 
jUKtice pieltting. 8he was 
1 retire uith her solicitor, 
aln- /s solicitor: her iutm- 

i into writings and wa^ two 
[f After thi», w bat mi^jhly 

Utat when she came jnto the 
*iin. ^he should re(»eat her 

thilities: wn% 
111 subfiUt so 
il a rtuautity uf bread and 
ka, wautin(r noly a few hoars? 
I %kn* iliould husband her store so 
bAf e ttome of her bread left, accord- 
it acx^«Mint| tdl tike VVodneMlay ; 
lier iMstf till Uie Pridav before she 
|N*; and that sho should save 
'tuinicuhnis pitcher till the last 
li*enty*fourth part of a six- 
day flufficient to satisfy her hun> 
i-n-- -»M i^M .li., ^i^f^riht imme- 
1 in order to 

u. i:^ uncertain futu- 
nome revelation from 
e of the faithful? Perhajta 
Vom hearen up|H>ured to this mirror 
vtnue, and iulormed her, if she eat 
f^ bread a day, her small plt- 
ftdt itst her till the time eh(^ was to 
Her mother, we know* is » 
womJin ', a coiisulier of con- 
of dreams ; perbaftf the 
■iso what was to tiappen^ and 
:ii when 
iie was 
'. uk the 
ircum* 
uf some 
the pri- 



tikil conduct at 



sooer's mnst appear to exceed alt boaiMis of 
human probability. 

That ihe i^hould have no evacuations exce^ii 
by urinCf is another strange circumstance, 
which decorutpn this romantic g'ir^s story. 

But aiiothtr thinjjf ; how came she to makt 
her esca|}e so easily at lai^t, and yet never before 
once attempt it ? Were tlkcse dragons always 
on the watch ? Surely, if they sat up all night, 
Ihey must sleep io the day-'time, and the pri- 
soner tells you the bouse was then very ^uiet. 
£?en the eveniog she made her escape, it must 
astonish us to find, that a ^iH, who had been, 
kept so long without her proper nourishmeiitt 
should stop no where on the road to take the 
least refreshment, though she passed by se- 
veral bouses, and met several persons* 

But these wonders, if possible, will grow 
more and more wonderftd, when we come nejtl 
to examine the pUce of her supposed imprison- 
ment. This room, what was it but a weak 
erection of bth and plaister? cracks and cran- 
nies innumerable in the sides of it, at»d the 
whole buildiog so slight, that a boy of ten 
years old might io au hour's time have demo- 
]isheil any part of it. The window towards the 
east neither boarded nor fastened ; hut three 
feet from the fljor, and but nine from the 
ir^ound. The casement so large, that a very 
fat man mtirht hare got out of it; so httle a 
way from the ground^ that a child might have 
slipped down without hurting himself. And 
yet in this cage, wiili the iloor open, was thia 
extraordioary i;irl lonfmed fur a month, with- 
imt once trying to get out. The story indeed 
is all of a piece, it is all witchcraft and eu- 
chantmf-nt. 

But, if she was afraid of breakino^ out, why 
shtiuld she not call out of the window far ;i4- 
sistance ? It was near at hand ; the Hertford* 
shire road was not above sixty yards froru the 
north wiiidotr, and she frequently saw the 
I'uadiman pass by, who used to drive her for- 
mer mistress. Besides this, there is a little 
lane directly under that window, which was 
used every rooroing and night by the farmerf 
and their servants, who went that way with 
their cattle to the marshes. There is likewise 
a pond not above seven or eight yards from the 
window, where the townsmen watered their 
horses^ and in frosty weather it was a sliding* 
place fur all the boys and girls io Ihe viHagpe, 
Had she made the least alarm, there were 
many reaily to have come to her assistance ; 
but we hear of no endeavours of this kind : 
May be, the gypsey iind put a spelt upon Iter I 

But perhaps I am talking of impoMjIuhlira 
Io persons, » hose credulity is great imnugh to 
bfheve whatever is artfully tuld them, how 
monstrous and absurd soever it may he in 
reality. f know the preseol ege to be, ill 
some respectii, a very credulous oob. Mr. 
Davy'e story of a flyi»|r «»«" toigbl ootf, for ' 
aught I know^ be credited \ it ii uot loof eioo* J 
the bottle hero* dreir likr him a poai«roaa t" 



919] 



27 GEORGE U. 



Trial qfEOuiah Cmum^, 



can 



tondttiee; tfaid harmne Ukewiie has had bcr 
admirers and protectors ; but, for my own part, 
1 would as aooD believe either of those atones, 
■a harsy which is equally incredible. 

But should these improbabilities! I might 
almost say impossibilities, find credit with you ; 
jrct surely, gentlemeo, yau cannot be totally 
inattentive ta the testimony of several peraons 
of credit and character, who contradict the 
lirisoner ia almost every circumstance of her 
narrative. 

As to her deacription of the room, what say 
Mr. Nash, Hague, AMridge, and Mr. Whhe 
the sheriff's ofiicer? They will give you such 
ait account of it, as must amaae you. The 
three fint were her friends, who went down to 
Enfield- Wash on the 1st of February, with her 
master Mr. Lyon, to assist in this notable dis- 
coverv ; they will give you the reasons why 
they nave not continued to be her friends : that 
the room Canning fixed upon as the place of 
her confinement, was a long, light room, not a 
little dark, square one : that the dimensions of 
it were above thirty long, and only about nine 

well known at the time when this trial occur- 
red, and of which the fidlowing account was 
published in the Gentleman's llagazine, for 
January 1749 : 

<< Monday 16. 

*' A peraon advertised that he would, this 
evening, at the Theatre in the Hay-markiet, 
play on a common walking-cane the music of 
every instrument now used, to surprising per* 
fectioo ; that he would, on the stage, get into 
a tavern quart bottle, without equivocation; 
and, while there, sing several songs, and suffer 
any spectator to handle the bottle ; that, if any 
spectators should come masked, he would, if re- 
quested, declare who they were; that, in a 
private room, be would produce the representa- 
tion of any person dead, with which the party 
requeating it should converse some minutes as 
if alive, &c. to begin half after 6. 

** Accordingly a great company came, 
waited till f o'clock ; then growing impatient 
and noisy, a person came More the curtain, 
and declared, that if the performer did not ap- 
pear, the money should be returned ; onein^the 
pit then crying qut, * For double prices the 
conjuror will go into a pint bottle,' a tunnult 
began, and a person in one of the boxes threw a 
lighted candle on the stage, the greatest part of 
the spectators hurried out, and the mob break- 
ing in, they tore down the inside of the house, 
and burnt it in the street, making a flae of the 
curtain, which was placed on a pole in the mid- 
dle of the bonfire. Dunne this confusion the 
money, which was aecured in a box according 
to contract with the owner of the house, was 
carried off. Several |ieraons of high rank being 
praaent, the pick-iNxJcels made a good booty, 
nnd a great general's rich sword was k>st, tor 
Ihe reowery of wbteb a reward ef 90 guineas 
waa advertiaed* 

* Cur in theatnim (hoc), GatOj icvcre ve- 
viitir 



that there waa a Urgt euantiljr of 
maty hay-ned: 



feet broad : 

hay there, and an old maty hay-bed: that 
there waa no grate in the room, 'and the 
chimney so overspread with oobwebe, thai k 
was impossible ther9 ahouM have bei^ a grala 
there for aome montha before : no pietorea over 
the chimney, nor any marka that thete ever 
had been any, but in their plaoe an old easa^ 
ment joined to the wall by cobwebs : that than 
were in different parts of the room three aU 
saddles, a nest of old faahtoned drawers, and a 
tub of ptiUard : that, on removing the cheat of 
drawers from the side of the wall, they found it 
so affixed to it by filth and nastinesv, that thay 
are certain it could not be lately brought thert: 
that they observed, under the pulley of an aM 
jack-line, a large hole in the wall. Which hid 
communication with the kitchen, and caa* 
mended a view of every thing that waa dm 
there. This hole likewise had eaoaned 0» 
ning's notice, though it will be proved to ban 
been in the same condition for maifiy jrennpaiL 
That, on the most careful examination, they 
could not find that there either waa, orevarhad 
been, any shed or pent-house under the aerth 
window, or any thing which could peanMy ke 
mistaken fiirit: that the ro«m had a lighl case- 
ment in it, large enough for a person la get 
out; and that Canning beins: asked, why she 
did not make her escape this way, nio, she 
believed it was faatened, nut that she had neisr 
tried. 

These were the circnmstancesthat ataffgcni 
their belief; nor could they account ftr the 
prisoner's remembering none of these thisgSi 
thouiph, during her long continuance tMn^ 
ahe had leisure enough to have marked every 
cranny in the room, and to have counted erciy 
nail in the floor. 

These witnesses and others will inform yaa, 
that on her coming down to EofieM, aha em 
first carried into the kitchen, and aet on the 
dresser; and though the door waa open whMh 
led to the hay-loft, yet she never onee ini- 
mated that this was tlie place where her Slays 
were cut off, but suffered herself ailerwardi ti 
be carried over the rest of the houae in acsrch 
of the place of her imprisonment. These wi^ 
ncsses, and particularly White, will speak ti 
the busy ofiicionsness of Scarrat and AdamsMi 
in pulling down the boarda of the north wiadoVi 
and in conveying the pitcher into this room kt- 
fore Canning caiiie there ; and that one of UmB 
was then dispatched to meet her on the roeri^ 
with what view one may easily guess. 

But in order to give you more eonvinciag 
proofs that Canning never waa at moth* 
Wells's in the mouth of January, Fortaaa 
Natua and Judith his wife will aaanre yon, thil 
they lay in this very room at the time the pri* 
aoner pretends she waa there. Thia fact tmf 
both asserted on the 1st of February, and tW 
they would have given in evidence on Squint 
trial, if the furnua temper of the times wenii 
have permitted them, without the banard of Ihrir 
Uvea, to have come into court ud eivea thrir 
teatimany. 1 wiU notaay what we tht hhI 



»ij 



Jvr W'dful and Corrupt Perjury. 



A.D. 1751. 



Cd» 



•tteodiots of frAud ami imposture ; bul tUus 
ffodi ia cerUio. truth wants not a party- mob 
to tupfKirt iL 

Ao«iiher very remarkable piece of evidence 
in this |itirpr»»e is the attestttlion of three 
ikooe&i day 'labouring uaen, who on Ibe Bib of 
Jiotuiry were lopping a tree jusi urer-a^ainst 
the east window of um room, and satv Virtue 
fiilK and hamh Hnwit looking- out of the case- 
iMIt; they bad a deal of cbat \^iih tbese twirls, 
ml in spill r ibrew dirt ai iheui : Karah Howit 
ttiJi coiitirtn this, wbois oneof niolber Wells's 
4iugbters. The lime w\\\ be tixed by John 
Ciitaril^ a pubtican, wbo used at that season of 
the ^ " ' *'• 'j'we his uei|;:liboursand cudtomers 
it uiineut. 

<J..u i.. . -1 W birtin will itiU you, be went ioto 
ttiii workshop with mother W'Ah herself on 
tk« irtb ol' January^ to fetch out the iroot of a 
■gii*arin he had bought of her, and ibai be 
thro oltbervtfd Fortune Natus^s bay-ljed^ at the 
(wtnf whit h lay (bis sign-arm. His evidence 
^il) be supported likewise by bis sou's ; and 
the lime will he ascertained by a note of band, 
»hicb i»aik jtjst iheji l^ecouie payable^ and for the 
iiscbarge of which be was ]^ihu|t to VVormteigh 
Is Wrmw so«ie money. Eacra \V biffin will ac- 
qui ' ' r>w he came not lo be examined at 

•^I s*6 iriah 1 am sorry be has so 

gii^^* * i^.i^uu for his absence. If the avenues 
vkicb lead to the seat of justice are to be sur- 
nuoded und guarded bv an inflamed mob, 
Vhal security is there for our lives and proper* 
<i»: H hi re is all our boasted liberty ? 

i White^ a poor labouring man, will 
iuit in the month of January lie was at 
iBirtber VVellsV almost every nigtu in the week, 
ud that he frcquenlly saw the people of the 
ftoily go in and onto! this mom ; though ^tis 
toe fie waa never in it himself. 

Jotia How it, and indeed alt the people who 
•«tf at the house, will affirm that mother 
' .-pi hay in this roam for her horse, and 
i>)r her poultry, and that some on« or 
-Hrr lit them went in there every day. If all 
tbii last set of witnesses are not f orsworo, if 
^tooe of them speaks the truth, what must 
^ think of Cannit)g*s assertion, that there 
*ii nobody in the room during the whole time 
iht was kept there? 

As to the taking of the bed-gown out of the 
pile, two gentlemen of fijinre and reputation 
^1 acquaint you, that the prisouerf on her exa- 
iuiatian at tlie Mansion-house, insisted upon 
^ag away the b«d-gown with her, and s&id^ 
U was her moiherN. If her mother's, how 
^Id it be found at Mrs, \Vells*s, or taken out of 
^graie, when there was no grate in theGbini' 

Old Mrs. Canning*! midwife will inform yon« 
Ihii the daughter's shift, uliich she pre lend eil 
l^bad worn a month in that nnsty place, was 
iotihrty irnough to have been worn by a clean* 
if person a wet^k ; that it was not draggled in 
tie least, nor had any spots of dirt on it. 8ome 
0lber parlieulars you will bear from her own 
OkOtilbf which perhapt may lead you to gucae 

VOL, XIX. 



what wai the prlsonerV employment during 
this long recess from the world and her friendv. 

But if to all these circuiustanccs we add the 
incontestable proof we have to produce of Mary 
Squires and heT son George and daughter 
Lucy being at Ab(»olsbury on llie ]sl of Ja- 
nuary, what opinion ought we to have of the 
prisoner's veracity f Let it be remembered 
likewise^ that this it no new-invented story ; 
tur at Enfield-Washt as anon as the gypaey 
was charged by Canning with ha¥ing cut on* 
her stays on the fii-st of January, she imme- 
diately answered, Tliatcan'tbf , for I was at that 
time above a hundred miles off, at Abbotabiiry. 
This fact of the q-yj^sey's being then at Abbots- 
bury will be atli^sled by above thirty witnesses. 
The une.vceptionableness of their chamctera, 
tlie amazing consistency of their evidi'nce, their 
remoteness of hiibitatiuo, and ignorance of 
each other, as well as their having no induce- 
ment to swear faliety, will, J am certain, not 
escape your |iarticu]ar observation. 

These witnesses speak not only aa to Ibe 
person of Mary Squires, hut also to the per* 
smis uf the son and daughter, who travelleili 
with her ; they conversed with them ; and se* 
vera] of them have known the old woman for 
many years last past, which removes all poiai- 
bility of iuiagiuiDg they are mistaken. 

These witnesses take up the gvpsies at South- 
Parrot, on the 29th of December, about eight 
or ten milea beyond Abhotsbury ; and from 
thence from place to place, step by step, bring 
them to Enlield-Wash, but not till the a 1th of 
January. 

At Abhotsbury Ihey stayed from the 1st of 
January till the 9th, appeareil pubhcty, and 
were present at several dancmg matches s 
Lucy had a sweetheart there, who accom^ 
panieii her part of her journeVi Af^*l ^^ ^n 
evidence for the old woman on her trial. Th« 
time will be fixed to a degree of demonstration 
by the eiciiie books, to %vbich Gibbons, who J 
keens the Ship ale-house there, referred himself' 
on his former L^xamiuation. The young man 
who officiated for the exciseman lay in iho 
same room with George Squires, and is now» 
attending to be examined. A nnml>er of little , 
circumsitances will contirm their testimony, 
and leave the truth of it incontestible. A 
piece of nankeen left at one place, a dead horse 
seen at another, a letter wrote by Lucy*s di- 
rection at Basingstoke, and %vhicb will be pro^,^ 
duced with the post-mark on it, are some of 
those unerring tokens, by which truth is al- 
ways to be distinguished Irom faUhood. 

If the gy psey was at Abhotsbury on the lai 
of January, God (I hope) will forgive the 
prisoner, for she has sworn that l>«uh the 
mother and daughter were then at £o6etd- 
Wash. 

After all these contradictions, absurdities, 
and glaring fahhoods, need 1 remark that tlitt 
prisoner (conscious of her guilt) did not sur* 
render herself till she was in danger of an out- 
lawry ? The fugam fecit it by our law con- 
f idered alwayi as a strong pro<»f of guilt, lud j 



I 



5?S] 



27 GEORGE II. 



Trial of Elizabeth Ctmmngt 



[3S4 



is allowed as evidence in all criminal proieca- 
tions. And now a qaestion noay be asked, 
Wliat could be the prisoner's inducement to all 
this ? Mr. Davy has sugfcfcsted gain ; and 
doubtless she and her associates have had a 
pleniifid harvest. Perhaps this was only a 
secondary motive ; the primary one might be 
the concealment of some things from the 
world, which would have placed her conduct 
in no very advantageous light. But another 
question may be asked, where was she all tliis 
time ? Certainly it will appear she was not at 
mother Wells's, which is all that is necessary 
for us to shew in order for the conviction of tlie 
prisoner. 

It was agreed upon by tiie counsel on both 
sides, that the witnesses should be examined 
apart, and, when examined, not to return to 
the others. And they gave each other a list 
of their witnesses* names. 

William Chetham, (lie produced the copy 
of the record of the conviction of Mary Squires.) 
This I examined at the office at Hicks's-hall ; it 
it a true copy. 

Cross-examined by Mr. Williams, 

Itlr. Williamt. How did you examine it? — 
Chcthum, I examined it with the clerk of the 
peace. I read ibis, and the other was read 
to me. 

Did you read the record ? — I looked upon it 
when the copy was read over, and saw ttiat it 
was right. 

[The copy read in courts The purport of 
which was, that Mary Squires had a bill of in- 
dictment found against her at Hicks's-hall be- 
fore the grand jury for the county of Middle- 
sex, for putting Elizabeth Canning, spinster, 
in bodily fear, in the house of Susannah Wells, 
widow, at Enfield- Wash, and stealing a pair 
of stays, value ten shillings, on the 2nd of 
January, 1752. And that she was tried for the 
same at the Old-Bailey, in the February ses- 
sions 1753, and found guilty of the indictment.] 

When he was asked, if he saw Elizabeth 
Canning sworn upon that trial, Mr. Davy an- 
sweredy That was admitted. 

Thomat Gurney sworn. 

Mr. Dary. You are the short-hand writer, I 
believe, that took the evidence here at the 
.Old- Bailey, upon the trial of Mary Squires 
for the robbery of Elizabeth Canning?— 
Cumci/, Yes. 

I suppose you have got the minutes you 
took at that time.'— 1 have. 

Please to mention the evidence she gave. — 
The contents are in the sessions- paper. 

You are to give an account of all the evi- 
dence she gave at that time ; you may refresh 
gour memory hv looking oq your minutes. — 
he said, she had been at Ifiiilt-Petre Bank to 
aae her ancle and aont there; her uncle's 
name was Thomas CoUej. She went from 
k-i- -«'— ^ Vfllodc. aild iteTcd there 



then came homewards; her ancle and aunt 
came wiih her as far as Atdgate, there they 
partdl with her ; and she had nobody in com- 
pany with her ; she came down Hound8ditch» 
over Moortields by Bedlam wall; two mea 
came to her by Bedlam gate, better than a 
quarter after nine o'clock ; they took hold on 
her, and said nothing. Then she was asked, 
what sort of men they were ? She said, they 
were lusty men. She was asked, if she lost 
any thing ? She said, half a guinea in a little 
box, and three s!iillings. She said, the man 
that stood on the right band took it, and todc 
her gown, apron, and hat, folded them up, and 
put them into a great-coat pocket ; she 
screamed out ; then one of them put a hand* 
kerchief, or some such thing in her mouth ; it 
was the man who took her gown that did that, 
and that she saw no other persons b}' at that 
time ; they then tied her hands behind her ; 
after that one gave her a blow on the temple^ 
and said. Damn you, you bitch, we will do for 
you by and bye. Then she was asked abont 
her having fits ; she said, she had been troubled 
with fits four years, that they were convulsive 
fits. She gave an account, that the Uow 
stunned her, and flung her into a fit. She wat 
asked, whether those fits were attended with 
strugifling ? She said, she could not tell. The 
next account she gave was, she found berMlf 
by a large road where there was some water, 
and the two men that robbed her were with her: 
She said, they lugged her along, and said. You 
bitch, why don't you walk faster? that one 
held her by one arm, and the other by the 
other, while they pulled her along, and took 
her to the house of Susannah Wells, which 
was about four o'clock in the morning. When 
she was asked, if she could ibrin any judgment 
of the manner in which she was carried to the 
place ? she said they dragged her along by the 
petticoats, she thought, they being so mrty: 
that when she came there, it was not day- 
light ; that it was day-light about three boon 
after; that she believed it was then about four 
o*clock. and that she then saw the gypsey-wo« 
man. She was then asked the woman's name} 
and she said Mary Squires. 

Was Mary Squires then at the bar? — She 
was. She then went on and said, there were 
two young women there, but she did not see 
the prisoner "Wells then ; that the young 
women were standing up, and the gypsejr- 
woman was sitting in a chair : that when she 
wa^ brought in, she took her by the hand, and 
said, if she chose to go their way, she should 
have fine clothes ; that she said. No. She wa« 
then asked, if she explained the words, Qo 
their way 1' she said, she did not : that thea 
the gypsey took a knife out of the dresser- 
drauer, and cut the lacing of her stays, and 
took them from her. She was then asked, if 
she was under apprehensions of danger at thai . 
time? she said, she thought they were going 
to cut her throat. She was asked, if she eair 
Welh there P ihe said, No ; and that Mary 
Squim looked at her pettwoaty and uid, Bcre, 



915] 



Jkr WUfiJ and Cormpt Perjury. 



A. D. 1754. 



[326 



jpoa bitch, tain thmt, or I tfill ffive yon that, 
■ad tfave her a slap on the face. She was 
Mkeu, if ahe had the petticoat io her hand ? 
fbe said. No, it was od me : afterwards, she 
aid, she pushed her up stairs. She was asked 
la describe the kitchen ; she said, it waa on the 
ijffat hand goinn^ in, and the stairs by the fire* 
wm. She was asked, what they called the place 
vhare abe was f she said, the hay-lbft, and 
that it vraa not then day- light. She gave an 
aoeonnt that the room door was shut, but she 
dU Ml kaow whether it was fast or no ; that the 
dser waa at the bottom of the steps in the kitchen. 
She aaid, that if she (the gypsey -woman) heard 
haradrar move, or words to that purpose, she 
and aba would cut her throat. She was asked, 




vkaiaoit of a room it was? she said, a long 
, with a fire-place and a grate ; that there 




and aaoot twenty-four pieces of bread. 

im tbao aakcd, bow great a quantity of bread 

tkere waa ? She said, about a quartern loaf ; 

■i tbat abe had a penny mince-pie in her 

iKkali tbat ahe bougnt to carry home to her 

Mlhar. Then she gave an account that she 

meoofiiied there a month by the weeks, all 

kta few boors ; and that she saw nobody in 

tta room all that time, only she once saw a 

fOMokiok through the crack of the door, but 

Ai aat know who it was. Then she was asked, 

V Aa bad made any attempt to get out before ? 

8tt aaid. No. Then she waa asked, what time 

dM gal out? she said, about four o'clock in 

Ibi afcin oon on a Monday. Then she was 

liai again, how long she had been confined 

ibmf she said, four weeks, all but a few 

iMas; she said, she broke down a hoard from 

^■iadow, and i^ot out. She was then asked, 

^higb that window was from the grouud ? 

^Iheo pointed to a place in the court, which 

*iiaboat eight or ten fleet high : she gave an 

■mant, that she first put her head out, and 

fUlMl bold on the wall, then got her body out, 

Mdtbco jumped into a little narrow place by a 

hae. She was ask«d, if she did not hurt lier- 

«tf? aha said, there was some sofl clay : 

tei she gave an account that it was day- 

I^L She was asked, what she had lor 

deikiog? alie said, ahe took a bed-gown and 

kadkmhief, which lay in the grate in the 

ddflinay. Then she waa asked, if she saw 

lav body when abe got out? she said, she 

jM not. Then she went up the back of the 

e, crossed a little brook over two fields, 



II ibe thonght, and there got into the road- 
way, than aba went straight up the road to 



She gives an account, that she did 
M know the way, therefore aaked her way 
ti Loudon. Then ahe was asked, if she 



by Ibe wayP aba said, she did not call 
ilHj mom; Woomiiig over Uoorfields, 



the clock struck ten. She was asked, if she 
acqiuinfed any body with it ? she said, No, 
she got to her mother's in Aldcrmanbury a 
quarter after ten o'clock ; the first persou 
she met with was the apnrentice, then ahe 
saw her mother and the children; her mo- 
ther, she says, went into fits directly. 

As far as you have mentioned, are yon 
able to say, upon your oath, that that was 
the evidence that the ffirl, upon her oath, 
then g[ave in court ? — The substance of it is 
the evidence she gave in conrt. 

Cross-examined by Mr. Morton. 

Mr. Morton, What day did she say she 
was robbed ? — 1 have it iu my minutes that it 
was the 1st of January, which was the day 
she went to see her uncle. 

By Mr. Da«y. 

Now describe what she observed in the hay- 
loft. — Gurnftf, There was a barrel, a saddle, a 
basoo, and a tobscco-mould, in the room where 
she was. She was asked, what she meant by 
a tobacco-mould ? she said, what people do up 
papers of tobacco in. 

Now please to go on where yon left off*.— 
She was then asked, if she had given the ac- 
count to any body at that time ? she said, Yes, 
to BIrs. Woodward, who came to aee her ; she 
told her she had lived upon bread and^ water. 

Did she say Mra. Woodward was so fright- 
ened she could not ask her any queations ? — She 
said, she did not ask her any more questions 
then. Then she says, Mr. Wiotlebury came in, 
with whom she had lived servant : he took her 
bv the hand, and asked, where she had been ? 
she said, on the Hertfordshire road : he said. 
Bet, how do you know that ? she said, Because 
1 have seen my unstress's coachman go by, 
knowing them to go to Hertfordshire; she 
said, she knew it, for she used to carry things 
to the coach, and fetch them back again. Then 
she was asked, if she was asked any questions 
that night about the room or jug ? she said, 
she had told them there was a jug not quite 
full : that they asked her, how much ? she 
said, better than a gallon. She was asked, 
how she got out of the window ? then gave 
an account how she tore her ear in getting out. 
Upon her cross-examination, she (rave an ac- 
count, that the two men were with her about 
half an hour in Moorfields, and that nobody 
else was by, and there was a box taken out uf 
her pocket : then bhe gave an account, that 
she had a handkerchief which she did not lose. 
She was asked, if there was any litfhtnear the 
place where she was first attacked ? she said, 
there was a lamp. She was askeil, how long 
it was before she came to hcrsell'l' she could 
not be sure, but she came to herself half an 
hour before she came to the house of Wells. 
She was then asked, if she had any degree of 
sense? she said as before, she had none, only 
about half an hour before she q^t to Mrs. Wells a 
house : then she was asked the question again, 
to which aha answered as before. Then she 



«7] 



27 GEORGE 11. 



was uked, if she bad WDBe eoougb of any 
tort lo know by wbat means sbe was conducleil 
tbere? sbe saici, she tbougbt they dragged 
her alone by the petticoats, for they were 
dirty. Then she gave ao acconut, tliat she 
was in a p;reat surprize and all of a tremble, 
and the terror made her sensible. Then she 
gave an account, that the two men stayed there 
no longer than till they saw her stays cut off; 
then Uiey went away, before she was put in the 
bay-loft. She said, she did not attempt to get 
out of the hay*loft, till Monday : sbe was 
asked, why she did not ? she said, she thought 
they might let her out, and that it newer came 
into her head till that morning. Then she 
was asked, where she was sitting, when she 
saw somdKNly peepioff through the door? 
she said, she was walking along the room : 
sbe said, tbere were four or five steps up, and 
that she did not iu all the time perceife where 
she was, till about a week atller she was there, 
and that was by looking out of the window and 
seeing the coach. She was asked, if sbe was 
not extremely weak ? sbe said, she was ; her 
words were, I was pretty weak. Then she 
was asked, whether she was that way before? 
she said, she was not. Sbe gives an account 
of passiug by many houses, and asking the 
way of the people on the road. Then she 
was asked, why sbe did not go into any bouse P 
she said, she tbougbt she might meet some- 
l)ody belonging to that house, that might know 
her, and take her back again. Then she was 
asked, over again, the first time of her making 
the discovery : sbe said, it was in her mother's 
house; and then she gave an account where 
her mother's bouse is, the corner of Alder- 
nanbury . Then she gives an account to ques- 
tions asked before, whether sbe saw Airs. Wells 
at the time she was there ? she then said, she 
saw her afterwards when she went down to the 
house. She was asked again about it, whether 
she is ceitain to the prisoner Squires ? and she 
says, she is sure she is the person who cut her 
stays off, and she was sitting iu a gown and 
a white handkei chief about her head. She 
was asked, during her whole confinement, 
whether she tried lo see if the duor was fast? 
she said, she hud pushed against it, and found 
it fast. She was askrd, whether she lieani any 
nuise in the kitchen? she said, she hoard peo- 
ple blowing the fire, and passing in and out ; 
and theie was another looni sliu heard a noise 
in of nights, but that it was very ipiirt of days, 
being a house of entertainment iu the niglit. 
She said, that she eat all her bread on the 
Friday before sbe uot out. Then she was 
asked, how she eat it? she said it wiui quite 
hard, that she was forced to souk it iu the 
water, and that she drank all tier water ulNiut 
half an hour before alie got out. Thru aha 
was asked where abe did her oooeaiiMii ? alio 
eeid, she bad nerer b Hool tetog tin tiiae ihe 
wee there, onlw « 



Trial of Elizabeth Cannings [328 

[CrosB-examioed.] ' 
Nr. Morton. Were Mr. Nasli, Mr. Hagnet 
end Mr. Aldridge, examined as wiloeiseii?^ 
Gurney. They were not. 

Etiher Hopkins tty^om. 

Hopkins. I live in Doraetshire, at South- 
Parrot. 

Mr. Willes. How far is that from Abbots* 
bury ? — Hopkins. I don't know, it is the lowest 
part of Dorsetshire ; it is about a mile fhwi 
Winyard's Gap. 1 keep a house of eotertein- 
meutfor travellers of all sorts. 

Look at that old woman siuing there; de 
you know her ?— 1 really believe in my cee- 
science, this is the old woman that waa at bbt 
house on the 3dth of December 1753, with 
her son. 1 remember the son partioolaily 
well : they lod<^ed there one night, tod weal 
away the next morning. 

Do you remember wbat day of the wei^it 
was? — 1 cannot say that I can. 

How do you remember the day of the 
month ?— Because tbere were several gentle* 
men tbere in company at that time, and two of 
them left the reckoning to pay, and I pat dewB 
the day of the month, and 1 keep my book by 
the almanack. 

Do you remember any thing of her dangfalCT 
being there ?— 1 don't remember whether it 
was the daughter or not ; 1 remember the oM 
woman ; 1 think 1 never saw a woman mere 
particular in my life ; she told me the young 
woman was her daughter, and the other was 
her son. 

Did they tell you where they were goipg 
next morning?— No, they did not. 

Look at the young man and young womu 
behind her ; do you know them, or either of 
them ?— That is the man (pointing to George 
Squires) to the best of my knowledge. 

Cross-examined by Mr. Morton, 

Mr. Morton, I think you did not eeem to 
speak |K>sitive1y to the old woman ? — E. Hagh 
kins. 1 never saw a woman more like her u 
all the da> s of my life, and 1 really believe she 
is the woman. 

Have you not many passengers lie at year 
house?— Some or other lie at my house every 
night. 

What was her business? did she sell any 
thing ?— 1 aske<l them wbat they soki ? they 
told me, hanUware. 

Did tliey sell any thing in your honee ?— 
No. 

Did you see any thing they hail to sell ?— 
The man canrie«l a bundle or bag, not very 
large, under his arm. 

Ilad they e horse? — I suppose they had 
not. 

lied you ever seen the old woman before ?— 
N0| 1 had not. 

il^icf F^rnkam sworn. 



rnJ^mn. Ilivtat Winyard'e Gap ; itiia 
mtik ftwi Bo«lh*nmt| u tha Iqmt 



q 



^ Wilful and Corrupt Perjury. A. D. 1754^ [330 



put df Dor9H«liir*e, ftuti ftbotit tea from Ah- 
UttlHirf } it Ur« btftwcen I hero, 

Mr. u«acBf«ir. How far is it from Lirton ?— 
JL Fkrmkem, t *{n not justly know^ 1 b<rlieye it 

litl0till' 1 H rnUes. 

Looltai ^oinan; do you know lier? 

'—I rrsDCQibcr J saw her ouce oa & Saturday 

between tight tind nine o'clock* a 

li^aAcr New Chrislmas 175Q; she came in 

M Wf bociir for refr«shnieui: I keep a public 

hmm^t I t€K>k particular nuiice of her, and 

brr to a picture that I had in the 

of old mother Hhipton ; there was a young 

nimi wcinaan with her. 

ijmk «l Ibat tii»n.«l see him j I kuow him 

ftrlbetJy «i#tl ; it is her sou. 

LmoIc fti the yuuni^ woman near him.— >I 

ittfk, to my knon letl^e^ the is the same per- 

Iso ; lliey utrnj «<! whU me almost an huur that 

P Mn ri i iiif I I net er saw them before or since ; 

^^mj mA Mit aaart of beer and some bread and 

Omtrn^ «od IcM me they would come to see me 

tipya Im OM Chrislmagi hotidays ; they asked 

rn^htrn fir it was to LitioD» and went up the 

r«nf ai lltffie of them together towards it; 1 

wmeenm^ I know the old woman and her son. 

HviP Ur u l*itton from your house? — U is 

lia«rclrrcti cniics. 

Ha4 joo at^n them before Ibey came to 
j^mhmumT^—l was cominif out of South* Par- 
fit !• tb* Friday ni^rbt, and met them as ihey 
INK g'M^ iti« aud the next morning they 
Mtti IB my house ; 1 told my mother, as we 
««l ItOf bbg and talking, that I had met 
imBf^ifs; and she asked me, if I was cot 



^Km/^tmm» 



mm «!• TOQ know that this was before Old 
nBHittisf — My mother was a-brewing, and 
l9mm4 Mk^ her, if she wouUt let me go 
HGmkWme market, which is on a Saturday : 
AstiU me, she cotild not ^pare me, and said it 
*«^ It rare enough to go on Monday to buy 
M^ ^i^a ttgaiDst Old Christmas ; and thi's 
^mjmtm Ibote people went out at the door, 

Cro«»' ex Mini tied by Mr, Nsrei* 

Ur. Niirts^ W hen was the first time you 
«« tktiB f— il. Furnham, 1 1 was on itie Friday 



t, 



rim kiiiw where they lay that nig lit ? — 
^ t mtmiit tell I when they came into ray 
hmm, tbey asked me, bow far it was from 
^t^-F*arr*H, and 1 iMijd, one mile, 

*«fii i« your% yon keep ? — 1 keep the 
: c Tbrce HortMs^sboes ; it is a public- 

Win! Blasts you think they were gypsies ? — 

bcsttit ility were alt thre« toi^ether ; one had 

inW k*g isi kb hand, not a large one nor a 

" M«e ; it was about as much as I could 

mry u^*r my ann ; a was » little fardle. 
Wlfelcii b*d that / — To the be*l of my know* 

Mfv, ikv man had the bug. 
How was tills old wnnian dressed ?— She had 

SBfl «l a ftr»l>-colourcil elo&k on, and a aort of 

$fm ft «Mt or nffid f<— It wat oot ragi. 



flow was the daughter dresseilf— She hail 
a white gown on nod a retl cloak ; it was a 
sort of a holland gown, very clean and oval, 

Then she did not look like a traveller or 
gypsey by her dress ? — No, she did not. 

Did you inquire of them what bustocssthej 
were ot ?— No, I did oot enquire that; they 
asked me for one mug of beer, and 1 drawed it 
them; they stayed almost an hour. 

Were you with Uiem all the time ibey 
slaved ? — Ves, 1 was. 

Look at them, and tell us from the dress 
they are in now, and the dress they were in 
then, whether you are certain they are the 
same persons ? — To the best of my knowledge, 
they are the same persons* 

Mr. Morton. 1 think it is opened that the 
young man and young woman (meaning 
George and Lucy Squires) are to be examined ; 
if so, they ought not to be in court to heat 
the other witnesaet examined, 

Mr. Davy> Then I'll either call thetn Dtxtt 
or not Qt alf, which you chuse. 

Mr. Morton* Then call them next* 

Mr* Narct. Did they make the same ajH 
pearance they do now, or a diflereot one?^ — A* 
Faniham, They were very well dressed, aa 
they are now ; they were clean and fitty. 

Did the old woman appear to be as weak at 
she is now ? — She was lery unhealthy, seeni- 
tngly, coming up against the hill. 

Could she walk without assistance ?-*-Sfae 
did oot bold by them, they walked before Iter. 

Can you take upon you to swear to the 
identity of her i»erson ?-»-J do think she is ; 1 
totik a true observation of her ; she had a great 
nose and lips. 

Did you take obserTation of her daughter ; 
— I did j she seemed to be a very cleati sort of 
a body, and of a black com|de]cion. 

What did you think them to be? — 1 took 
them to he travellers ; I did not know whether 
they sold any thing for a livelihood ; they 
offered me uothing, and I asked them for no* 
thing ; they paid for what they had. 

Mr. Dauy. Lucy must go ont while 
George is examined. (She goes out of the 
court.)* 

♦ See vol. 13, p. 3^8. 

In Scotland, ** Our custom ^^ says Mr, 
ITume, (Commentaries respecting Trial for 
Crimes, chap. 13, vol. 2, p. 18&) ** is oot con- 
lent with reprobating all instructions given » 
wiiness how he himself shalbdepone, but de- 
privea him even as far as possible of all op- 
portuoity of learning what the other witnesses 
have sworn, and aims at obliging him to give 
bis evidence according to his o^rn understanding 
of matters, and to so much only of the fact as 
he knows of his own proper knowledge. And 
herein our purpoise is not only to obviate the 
risk of any combination among the wiinecses to 
wrong the pannel by concerting a story with 
each other, but to prevent even that imprei- 
sion, which the account gi^cn by one witnoat 
may naturally make on the GQmd oi' another. 



331] 



27 GEORGE 11. 



[332 



George Sguires swoni. 

Mr. Davy. What relation ii that old woman 
to yoa P— £^. Sguires. My own mother, and the 
young woman that is turned out is my sister 
Lucy. 

Where were you on the Christmas before 
your mother was taken up ? — Really I cannot 
tell you. 

Were you ever in Defonshire? — I am not 
acquainted there ; I was in Somersetshire in 
Qneen-Camneal* 

Were you ever in South -Parrot ?-«>I was. 

Can you remember the time ? — I came tliere 
on a Fnday night. 

What day of the month was it?— It was on 

With this view, before proceeding to take the 
proof, all the witnesses on either part are shut 
up in an apartment by themselfes, whence they 
are successively and separately called into 
court, to be examined ; so that it is a good 
objection to any one, if he has been left at large, 
and has heard the testimony or part of the tes- 
timony of another, by which he may shape his 
own. This is our rule, not only as to the 
several witnesses considered in relation to their 
fellows on the same side, but to those on the 
other side also; since those for the pannel, 
having leamedihe state of the evidence against 
him, with its weak and strong parts, might 
otherwise be instructed how best to oppose and 
countermine it. Na^, which is a tpretit deal 
stronger, and liable indeed to objections of no 
little weight, more especially, as it is of late 
Tears only that this degree of strictness has 
Been introduced, witnesses have in more than 
one instance been set aside, because they had 
been precognosced even in presence of each 
other. In the trial of John Lindsay, [January 
31st, 1791,] thirteen exculpatory witnesses 
were rejected (for if the doctrine in good, it ap- 
plies equally on either side,) because they had 
assembled at the desireof the agent for the pan- 
nel, and had the declarations taken down, and 
read over in presence of the whole oftbcm. But 
1 must observe, that here there was something 
more than mere accidental presence: it was 
the unauthorised and deliberate act of a party, 
calculated to bias and prepare his witnesses. 
In the trial, however, of Brown and Murray 
[July 13, 1791] for deforcement, the objection 
was sustained to John M*Parlane, that he had 
been present at the taking of the nrecocfiiition ; 
which being the situation also of all the other 
witnesses, the prosecutor declined to call them, 
and, in consequence, the pannels were acquit- 
ted. This rule, supposing it to be fixed in such 
a manner as not to be altered, must, however, 
be received in a reasonable sense, and such as 
is consistent with the necessary course of busi- 
ness in taking precognitions.. It does not 
therefore apply to the magistrate, who is ofii- 
cially present in taking the several examina- 
tkMM ; and so it was settled in the trial of John 
Ker [Jan. 91, 1798] for fire-raising, where 
iMh an olgectlDn WM ilAltd to ThoiDM Ghrit- 



Trial ofElizdbdh Canningf 

the ^9th of December ; my mother and i 
Lucy were there with me. 

What makes you certain as to the time? — It 
was after New Christmas, that made mo Ukt 
an account of it. 

At whose house were you ?^I pnt up at the 
sign of the Red Lion, to the best of my know- 
ledge ; her name is Hopkins ; I have been 
there since, we stayed there hot one night 

From whence did you come to that place f 
— We came from it by Yeovil. 

What was the last village yon came Iron, 
when you came to South •Parrot?-—! cannst 
recollect it. 

Where did you lie the night before you cameto 
South-Parrot? — I cannot tell the place's nam^ 



tie, and James Hogg, the baillies of DunhsA 
Those witnesses too, who are only odlcd li 
authenticate the pannePs decUuiition, which h 
quite a separate proceeding, and posterior H 
the main fact related in the libel, seem not Is 
be within the mle of this prohibition. To i^ 
the truth, there seems to be some reason fit 
reconsidering this whole matter, before it is tot 
late. Because it is a thing which natwallyt 
and without any purpose of doing wrong, 
so oAen happen, that in the first and moi 
terial steps of a precognition, such as the _ 
tion of stolen goods, the identifying of a robber 
or the like, the persons who have recoverad tkt 
goods, or seized the robber, or so forth, go 
before the nearest magistrate at one tinst, aid 
tell their story to him together. And in tUi 
there seems to be nothing more dangerous 
than in the circumstance of the witnesses es» 
versing with each other on the subject of the 
fnture trial, a thing which always happea^ 
and cannot be prevented. Besides in hearing 
each others declarations, they are not nsastos 
of each others testimonies on oath in the trisi, 
which, as all who are versant in that ssrt 
of business know, are ot\en materially difl^ 
ferent from the other. Moreover it seema M 
be unfit that it should be in the power of 
every ignorant justice of the peace, nay efci 
of a designing witness, or a crafty agenl^ 
thus to sacrifice the public interest, and bin- 
der the course of justice. At all events, cf« 
with respect to the evidence upon oath, thi 
judge will not suffer the scrupulousness of oar 
practice to l>e made a handle of, for the indnl- 
gence of spleen or ill humour on either part* 
In the trial of Fullerton [August 12, 1768] Ar 
assault and battery, a motion having bcM 
made to have all the witnesses removed, it 
requested for the prosecutor, that John Spenca 
his agent, should be allowed to remain, whoa 
the pannel had cited, purely to deprive the pro- 
secutor of his assistance : Spence not haviig 
been present on the occasion, and knownf 
nothing of the matter but by information ham 
others; which upon enquiry, appearing to hi 
true, an exception was made m his behalf.*' 

See also chap. 3 of the same work ; aa H 
taking in precognitions the declaration of mA 
witness foparitely. 
8 



;wsa d 
encal 
hoa^ 



fir JVUfid and Corrupt Perjury. 



A. D. 1754. 



jt had joar mother, sister, and you 
nog' together ?^l came from home 
WD- Butts in Southwark, ami I went 
:e, u near as I can guexs, about 
j^bt weeks before Michaelmas. 
»u recollect the place you lay at be- 
came to South Parrot? — It was a 
5 village. 

ny miTes had you travelled that day ? 
trafelled about seven or eight 

id you go the next day, that is the 
»I went to Litton. 
lere a town between South-Parrot 
' — There is Winyard's Gap. 
ii South-Parrot from Litton ?— It 
elf cT miles, to the best of my know- 
lay &t Litton on the Saturday, and 
ter and mother there on the Sunday 
ttd went to Abhotsbury. 
Vf if the month was the Sunday ?<^ 
SM day of the month ; niy mother 
ra one night aHer me ; Mr. Clarke 
good regard for my sister Lucy ; he 
■ttieart of her's, and she of his ; I 
I at Abbotsbury, and lay at Gibbons's 
night ; then m the morning, which 
Holiday the Ist of January, Clarke 
to Litton ; there we dined upon two 
ch I bought : my mother was sur- 
oy staying all night at Abhotsbury, 
eot ID pretence to see what was the 
i me, thinking I was sick ; there 
I was gone with Clarke to Litton, 
me back again to Litton before we 

' ii Litton from Abhotsbury ? — It is 
IT miles. 

Iked with your mother to Abliots- 
pbod^, that I know of; afUr dinner, 
Tf Bister, Clarke, and 1 walked to 
ff and we danced there ihat night in 
iM*a parlour i he keeps the sign of 

»mpaoy had you there? — There 

eat many of my acquaintance ; I 

Ibem ail to mind ; there was Mr. 

. ahop- keeper, and Mr. Bond a 

Iter, he got fuddleil that night; Mr. 

uerally drinks cyder, he came in for 

»t of cyder. 

as your partner ?~I danced with 

litter, and ftlr. Clarke with my sister 

eao't mention all the company, it is 

; we danced country dances till 

en or twelve at night ; we danced 

^hta there af\er the first night. 

u e? er been at Abbotsbury before ? — 

I several times; and kuow several 

be town. 

ig did you continue at Abbotsbury ? 

le there on the 1st of January, and 

' on the 9th. 

ir mother stay with you there all the 

It did ; and wlien we went away, 

e went with us to a little village 

d Porterthamy about a mile or a 



[S34 
this was on a 



mile and a half firom thence ; 
Tuesday. 

' Do yon remember one Andrew Wake, an 
exciseman, at Abbotsbury ? — I do ; he bor- 
rowed a great coat of me one day, in order 
to survey in it, being a very wet day. 

What day was thatP — I cannot take upon 
me to say that ; it was one day while we were 
there. 

What house did yon go to at Portersham f— 
To the best of my knowledge, it was the 
Chequer, au alehouse ; it is on the \et\ hand 
going down the village ; we lay there, Mr. 
Clarke lay with me, and we all went the next 
day to Uidgway, which was Wednesday the 
10th, which is about five or six miles from Ab- 
botsbury ; we breakfasted there the next morn- 
ing, and, to the best of my knowledge, went 
from thence about eight or nine o'clock. 

At what bouse did you lie at Ridgway ? — At 
the house of Mr. Bewley, thesign of the Ship ; 
his son, and he, and a maid -servant, keep tne 
house. 

Did any thing happen remarkable at Ridg- 
way while yon was there ?>— There was a dead 
horse, and a man skinning him as we came 
by ; and 1 left a piece of nankeen, about three 
yards and a quarter, for my reckoning with my 
landlord. I was afraid tbat silver would ml 
short ; so I went to bis bedside, and told him I 
was afraid money would fall short before I came 
home, and desired be would take that tilt I 
fetched it. My mother, sister, and I went from 
Ridgway to. Dorchester on Thursday the lltb, 
which is about three miles distance; we did 
not lie there, but went forward almost all 
night ; for we had received a letter from my 
sister Mary, who was at London, that she was 
extremely ill, and desired us to come home as 
soon as possible ; there was a very great water 
out at Dorcliester, and the miller's man carried 
my sister Lucy over it on horseback, behind 
him; for which I told him I'd give him a 
pint of beer; and I took my mother, and car- 
ried her on my back through the water ; there 
is a mill just by the place ; my sister stayed 
till we came to her, then we aU three walked 
on together. 

Where did you stop? — ^The next day we 
got to a place called Tawney-Down, and we 
went into a little ale-house on the road, and 
had some bread and cheese, and a pint of beer : 
We lay at a place called Chettle that night, 
which was the Friday. 

Uuw many miles is Chettle from Dorches- 
ter f — I cannot tell, because we went through 
HIaiidford. 

What time did yon get to Chettle on the Fri- 
day f — We got there in the evening; my mother 
was very weary, and I asked a shepherd on 
the Downs for an ale-house, and heisaid there 
was never a one to Chettle : on the Saturday 
we went from thence to Martin ; there I asked 
at an ale-house for lodging, and oould get 
none ; so a gentleman let us lie in his bam. 

Do you know his name ? — 1 do not recol- 
lect it. 



335] 



n GEORGE II. 



Trial of EKzabeik Camumg, 



[896 



Wai it fitfiDcr Tbaacs ? — It wu ; we lay 
there ; my mother and sister were with me, 
we never were a mionte frum each other all the 
time to LoodoD. 

Where did yoa go wheo too went from 
Martin?— We went from thenoe to Coombe 
on the Sunday ni^ht, to the house of widow 
Greville ; her son Thomas Grer ille is dead 
of thesroali-pox. 

When did you icare Coombe ?— We left that 
on the 3Iooday, hot 1 caoH recollect where we 
Uy. 

Where did you lie on the 15lh ? — I cannot 
tell. — I went to Basingstoke on the Tuesday, 
1 think. 

Recollect again. — 1 cannot recollect it. 

How many places did you lie at, or how 
many days were you in going from Coombe to 
Bwhinf;8iuke ? — I cannot tell. 

What day of the week did you get to Ba- 
flingstoke? — 1 cannot tell : we travelled about 
ten miles a day. 

Where did you put up at Basingstoke ?— 
At the Hpread- Eagle ; a widow woman keeps 
it ; she wrote a letter for my sister Lucy to 
Mr. Clarke ; Mr. Clarke and we had parted a 
long time, and he desired Lacy to send a letter 
to Tiim. 

Where did Clarke and you part ?— We parted 
•t Ridgway. 

What b the landlady's name who wrote 
this letter .^— I don't know her name ; the 
letter was sent to the post-office at, Dorchester, 
directed to Mr. William Clarke at Abbotsbury ; 
we did not lie at the Spread- Eagle, we could 
not have lodging there ; but she directed us 
about a mile or mile aud half farther on our 
way to London. 

What is the name uf the place you lay at ? — 
It is called Old Basing, it is a little out of the 
way. 

Where did you go the next day ? — We went, 
I believe, to Bagshot, and lay at the Greyhound 
there ; and on the Saturday wo went to Brent- 
tbrd, to the house of Mrs. Bduards; I lay 
there one night, and on Sunday 1 went to Lon- 
don to look atler sister Mary ; I stayed there 
one night, aud the next day, which was on a 
Monday, I brought my sister Mary to Lucy 
and my mother at Brenti'ord ; we all stayed 
there till Tuesday. 

What sign does Mrs. Edwards keep ?— She 
keeps no sign, but there is the sign of the 
Drum just by it; there we were all four toge- 
ther ; and to the best of my knowledge, we all 
lef\ Brentford on the Tuesday, and went to the 
Seven Sisters by Tottenham, to the sign of the 
Two Brewers. 

Is not there another name to that place ? — 
I do not know ; there is a green ; they call it 
by some name, but I don't know it. 

What day of the week was this? — It was on 
a Tuesday. 

Where did you go the next day ? — ^Then we 
went to Mrs. Wells's house ; this was on a 
Wednesday. 
Mowcamt you to go there?— I wu recom- 



• mended to her hoose for lodging ; they aid 
' she was a very civil woman : I never aaw her 
, in my life before this time, if I was to be racked 
. to death. There is an acqaaintanoe of mine 
that owed me seven pounds fifteen shillings in 
London, and I went there to suy till I coaM 
receive il, to Mrs. Wclb's house : we went to ■ 
woman's house mho sells peaae-soop at £d« 
. monton ; we would have lodged there ; bat 
my mother wanted to wash, and the woman 
said that was not customary, so she reooB»> 
I mended us farther, to a place' called Chcsbnnt; 
upon that we went to Mrs. Wells's house, being 
, recommended there by )Irs. Long's daughter; 
. I left my mother and two sisters at Mrs. Wells's 
I house, and went to Loudon to receive my 
I money about two or three days alt?r we pit 
' there ; I lay in London one night, aud cams 
back the next day, and we all remained there 
till ue were taken up. 

Describe particularly the rooms you lay ia 
at 3Irs. Wells's house. — The room my mother 
and two sisters lay in, is as you go by the 
kitchen door up a pair of stairs, and turn abort 
on the right hand ; it is a large room, with one 
bed in il, in which they all three lay ; it is the 
handsomest room they have in the boose. 

What room was under that ? — ^There is a 
parlour under it ; I lay in a little room filing 
the stair-head. 

Where did mother Wells lie ?-- She lay ia 
a room on the letl hand of mine, as you go op 
stairs. 

Who lay in that room with her?— There 
was a daughter of hers, and Virtue Hall. 

Do you remember any body else that lay la 
the house?— There was Fortune Natus aad 
his wife lay in a place where there ia a viit 
deal of hay. 

What do you call that room? — It was a 
shuffle -board room, as they say ; you go op 
two or three steps to it out of the kitcbeo; 
they had a bed made of hay on the right band 
going up. 

At the lime you were at Enfield- Wai«h, how 
did you supply yourselves with provision.'—! 
bought my own victuals myself; there it ft 
little chandler's-shop over the way ; the man'f 
name is Larney ; be is a bricklayer ; tbey itl 
butter, tea and coffee, soap and candles ; I went 
there several times for tea. 

Where did you buy your butchers meatf«- 
It was in herring time ; we lived on fiifa, ibA 
did not buy meat there ; there waa an old mftB 
came to the door, Mrs. Wells bought fish ^ 
him, and so did 1. 

Did you see this young woman at the btf 
when you were there ?^No, I did not ; I nev*|J 
saw her before we were taken un in my life« ** 
I was to he racked to death ; I'll stand witb ^* 
sword put to my heart, if ever I saw her vl* 
she came in the chaise ; we came there on * 
Wednesday, and at the end of a week anci ^ 
day my mother was taken up. 

Cross-examined by Blr. Morton, 

Mr. Morton, At setting oat on your om^^* 



387J . 

Mlios* yon aid yoo could not tell where you 
were at Cbrutmas. — G. Squireg. Not the new 
ChrbtonM. 

. You laid voo were not at London before. — I 
mean, not bei'ore sU or seven weeks before 
Miebaelmaa. 

From what place did you set out ? — I went 
Uwn into IIaui|)sbire. 

Wheo did you set out on your journey, and 
wbcre is your home ? — We sat out from New- 
MtBB to Homeraetsbire and Dorsetshire. 

If hone did you leave your sister Mary, when 
yM act out ?— She was with a particular ac- 
■asinlsnrf. with Mrs. Squires's brother- in -law; 
1 IcA b«r in Kent ; Mfa. Squires in the Borooo^b 
has ■ broiber, and his wife was very ill, and I 
left Bj aisler Mary with her, in order to do 
what was in her power for her ; they sell goods 
in iIm coantry, and travel about as we do. 

Ax wbat house, or in what town did you leave 
bcr?— I had not a thought of being called to 
aach aocstisna as these. 



Jbr Wilful and Corrupt Perjury. A. D. 1754. [338 

Wbcra did you go when you went from 
Ilindon ? — I went partly by Mear. 

What was the next town when you left 
Mear? — Really, Sir, L hope you will excuse 
me, be pleased to excuse me ; I cannot tell in- 
deeil ; please to excuse me. 

You gave so clear an evidence on that part of 
vour return, that if you do not go on, ii must 
be left to my lord who tries you : tell me where 
you went when you left Mear ?*»Frum Mear 
we went towards Shatlsbury. 

Did you go to it f— I went partly by it. 

Tell me some town you lay at.—[No answer.] 

Did you lie at Lewes ? — 1 did ; I cannot tell 
the house ; it was an ale house, but I don*t 
know the sign. 

Tell us another town you lay at. — I know 
Mear very well ; I lay there, but had never 
lain at that house before. 

Where did you use to lie there ?•»-— [No an- 
swer.] 

Did you lie at Shaftsbury ?— I cannot tell 
whether 1 did or not. 

Where were you going to in the west ? — I 
sell goods. 

What goods ? — 1 had white waistcoats, and 
worked gowns, and hollands, and such things ; 
and where my business led me, there 1 went. 

What quantity of goods mi^ht you have 
when you went but of Kent? — 1 had not dealt 
largely, I believe I had then about twenty 
pounds worth of goods, consisting- in aprons, 
worked gowns, nankeens, and such things. 

How long were you before you came to 
South -Parrot.^ — I cannot tell: I never was 
at South- Parrot before the 29th of December; 
I went down with a gentleman once since. 

Is Yeovil farther from London than South- 
Parrot ?— No, Sir. 

Did you go through that? — No, I caraa 
partly by it : but they said they had g^t the 
small- pox in the town, and I bad never bad 
it, so I did not come through it. 

Were you at Crookherue? — No, I was not 
there at all. 

Tell me a great town aAer you leA Shafls- 
bury ?— I went away from ShatUbury to Ab- 
boisbury. 

Tell me the name of one town you lay at in 
Somersetshire ? — 1 did not go very far in So- 
mersetshire. 

Name one town betwixt Yeovil and South- 
Parrot that you lay at. — I don't know a town 
betwixt them ; there are several villages, but I 
can't tell the name of one. 

Tell me the sign of an inn where you lay at 
beyond Shaflsbury, whether it was a tbx, a 
ffoose, a t\og, or a pair of compasses? — I don't 
know the sign of any place where 1 lay at, be- 
cause it is so long ago. 

You remember the other places very well ? 
—That is because 1 have been there since. 

Then you remember it by the last journey 
you took ? — Yes, Sir, and by the other too. 

Then you can't remeiitber either a town, an 
alehouse, or a liign where you lay at, after you 
left ShatUbury ?— >N0| I cannot. 

Z 



I il!all sA YOU a great many questions you 
have MC haard yet : can you give me any an- 
Tf St what nouse, or what town you left 
r Mier Mary ? — It was in Kent. 
> Wen your mother and sister with you when 
jsii psftcd with her? — We were all three to- 
gether; 1 ilon't know at what town, or whose 
banae; wlieo I left my lodgings, 1 went into 
Kmt, and happened to meet with them. 1 
went into the wild of Kent. 

Did you oome hack a^in then to Newing- 
tan? — 1 went from Kent mto Sussex. 
Name a town there. — Lewes, Battel. 
Did yoo go through either of them ?^No, 
IMnoi. 

Name the first great town that you went 
Arangh in Kent. — 1 don't know which I went 
ttroufh first; 1 went through Lewes; 1 made 
tbhoiof my wav into the weat. 
• AAtr you left Lewea, what is the first town 
jmcune to that you did know? — Really I do 
Mknow ; it is ao long ago, I can't tell you. 

Yen, without an almanack, have given a 
fag and aeeming fair account of a longjour- 
Kjv pray trace yourself down into Dorset- 
Hie; I don't ask you the first town from 
Livca, but the first town you do remember 

lAwyoo left Lewea. [No answer.] 

It waa not South-Parrot, was it ? — No, it is 
Mt poiaible I can tell you ; 1 went from thence 
iMs Hampshire and Wiluhire ; I went through 
Uiibury. 

' Is that the first town you can remember, 
lAer you left Lewes, you came at!'— No, 1 
•tot tnrough several, but don't remember their 
iuses; 1 must have went through some: I 
kiM yon will excuse me, I hope you will not 
Ml me any more. 

Can you tell the name of any town yon 
^rcat through between Lewea and Salisbury ? 
"^No, 1 cannot. 

Wbcre did you go when you went from 
Biliibury ? — 1 went to Ilindon. 
What county is that iB?-'-Thst is in Wilt- 

VOLXIX. 



839] 



27 GEORGE IL 



N(»\r we sliall be a little better acquainted : 
^ebrin^you now to South-Parrot; you say 
^-ou had travelled seven or eiurht weeks before 
Alicbaelmas, till the 99th of Decennber ?— But 
1 did not travel all that tinne, I came bonne to 
my house at Newing;ton before that. 

Did you return home after y^ou set out for 
Kent, and so into the west, before you got to 
Houth-Parrot ?— Before the time of my coming 
borne, I could not. 

Let mr understand you : did you returiv back 
to Ne«»ington before Christmas ? — No, Sir, not 
till after Chrisimas. 

Then from the time you set out, seven or 
eight weeks before Michaelmas, you were tra- 
▼elliuif about the country with your goods ? — 
Yes, Sir. 

Can you fell the exact time you set out from 
Newington- Butts? — It was harvest-time, or 
near it ; I can't tell whether it was in July or 
August. 

Well, we are come to South- Parrot ; you say 
you came there the 29th of December; you 
lay you met with Mr. Clarke on a Sunday at 
Abbotsbury, and lay there that night, and set 
out with him on the Monday, and went to Lit- 
ton, and your mother went after you to Abbots- 
bury: now I'll ask you this question, when 
your mother went after you there, did you 
meet her on the road ? — No, I did not. 

Then did your sister come with your mother 
there on the Monday morning ? — No, she stay- 
ed iu the house at Litton. 

Then your mother walked on the Monday 
morning, December the 3 1st, from Litton to 
Abbotsbury by herself, and back again, and 
dined on two fowls, theu went with you to Ab- 
botsbury again ? — Yes, Sir. 

What time did she come back to Litton? — 
Betwixt tno and three o'clock, and dined with 
us, and walked with us to Abbotsbury that 
night. 

What time did vou all set out from Litton to 
go to Abl>otsbury r — We set out between three 
and four o'clurk in the afternoon. 

Was it dark ? — It was quite dark. 

Where did you buy the two fowls? — I 
bouuht them of one Mrs. Turuer; J made a 
cludalion for the feathers, she said she would 
Lave the feathers. 

You lived well ; 1 sliould think two fowls a 
very remarkable dinner for three t^ypsies. — 
Fowls are bought there for sixpence apiece, 
it is cheaper than beef or mutton ; that 1 have 
very often. 

1 hope you always buy them ? — I do. 

Were they boiled or roasted ? — They were 
both boiled ; I was not at home to see them 
boiled, but 1 eat part of them. 

What day uas it you lent the exciseman 
your coat? — I don't know the day. 

How many of your goods might you have . 
duposed of at that time ? — 1 had dis|»b8ed of 
them all, except a piece of check and two 
waistcoats. 

Then vou had taken a little money ?^I had, 
anil owed some, and returned it to. London. 



Trial of Elizabeth Cannings [910 

To whom ?— To an acqutintnnoe of mine^ 
Mr. Norman ; he is since dead : he was a tide* 
n aiter. 

From what place did you return the money T 
—I cannot name the place. 

Mr. Davy. I beg leave to ask one question 
I forgot; what happened at Ridgway when 
you were there ? — G. Sguirei. A young roan 
that lives at Abbotsbury, who sells turnips, bad 
two horses, and Mr. Clarke, after he bad dined 
with us, designed to return home ; he knowing 
the man, desired him to come in ; we had gSt 
some beef- steaks; this man dined with os, and 
Mr. Clarke rode on one of his horses home ; he 
is here. 



Mr. Morion. Tell me bis maae.-^G.SguireL 
I don't know his name. 

Is that the house you left a piece of nankeca 
at?— Yes, Sir. 

Do you call nankeen * check ?'— No, Sir. 

When you left this piece of nankeen io pawn, 
because you were afraid you should want mo- 
ney, pray how much money had yon thenP— 
1 bad borrowed some of Mr. Ciance, and hid 
some of luy own. 

Tell us this one thing, that as Mr. Cfarke 
was 60 much your friend, and your sister's 
friend, why did he not pay your reckoning, 
and save your nankeen, that you might man 
your money of it? — He offered it, but I wasss 
kind I would not let him. 

What money did you borrow of Clarke P— I 
borrowed 68, of him. 

Have you had your nankeen since f— No, 
he has got it in custody since. 

What was your reckoning? — It was about 
3f. 6d. 

What is nankeen worth a yard ? — It is worth, 
or I generally sell it for, 2s. a yard. 

Where did vou receiye the news of yoof 
sister Mary's illness?— It was in the conntry, 
I can't tell the town where. 

How did yon receive the account of it P— It 
came by the post ; sure it must. 

Upon your oath, did you leave any directMRii 
wiih her to write to you in the country ?— Yes, 
and [ had a letter she was ill ; I had it first by 
a h'tter. 

Can your sister Mary write?— No, she can- 
not. 

^Vas the letter directed to you or your mo» 
ther ? Was it after you lef^ Abbotsbury you re- 
ceived the letter? — I cannot say that. 

Then, if you received it before you came 
there, or at the place, it is strange you should 
stay dancing there! — I will not swear 1 re- 
ceived it before we came there, or not. 

You say, at Dorchester the miller carried 
your sister over