Thirteen years, almost to a day, pa.s.sed ere fate brought together again the man who committed that foul wrong and his surviving victim. If retribution came with halting foot, it came none the less surely, for "though the mills of G.o.d grind slowly, they grind exceeding small."

HIGHWAYMEN IN THE BORDER

It can scarcely be said that the Border, either north or south of Tweed, has ever as a field of operations been favoured by highwaymen. Fat purses were few in those parts, and if he attempted to rob a farmer homeward bound from fair or tryst--one who, perhaps, like Dandie Dinmont on such an occasion, temporarily carried rather more sail than he had ballast for--a knight of the road would have been quite as likely to take a broken head as a full purse.

There has occasionally been some disposition to claim as a north country a.s.set, Nevison, the notorious highwayman, who is said to have been the true hero of the celebrated ride to York, which, in his novel, _Rookwood_, Mr. Harrison Ainsworth a.s.signs to d.i.c.k Turpin. Nevison, however, was a north countryman only in the sense that he was born in Yorkshire, and he never did frequent any part of the north country, but confined his operations chiefly to districts adjacent to London, where he flew at higher game than in those days was generally to be found travelling Border roads. Nor in reality was it he who took that great ride to York. The feat was accomplished in the year 1676 by a man named Nicks, if Defoe's account is to be relied on. Nicks committed a robbery at Gadshill, near Chatham, at about four o'clock one summer's morning.

Knowing that, in spite of his c.r.a.pe mask, his victim had recognised him, Nicks galloped to Gravesend, where, together with his mare, he crossed the Thames by boat, then swung smartly across country to Chelmsford, and thence on, with only necessary halts to bait his horse, by way of Cambridge, through Huntingdon, and so on to the Great North Road.

Without ever changing his mount, he reached York early that evening, having taken only fifteen hours for a journey of two hundred miles. If the time is correct, she must have been a great mare, and he a consummate horse-master. At his subsequent trial, as it was proved beyond question that in the evening of the day on which the robbery took place he had played bowls in York with well-known citizens, the jury, holding it to be impossible that any person could have been on the same day in two places so far apart as Gadshill and York, on that ground acquitted the prisoner.

But if Nevison, nor Nicks, nor Turpin, ever crossed into Scotland, there were others, less known to fame, who occasionally tried their fortune in that country. In the early part of the year 1664, robberies, highway and otherwise, were of extraordinary frequency in Scotland, and this was attributed to the great poverty then prevalent amongst the people, owing to "the haill money of the kingdom being spent by the frequent resort of our Scotsmen at the Court of England."

In 1692-3 there seems to have been what one might almost call an epidemic of highway robbery over the southern part of Scotland, and he was quite a picturesque ruffian who robbed William M'Fadyen near Dumfries on 10th December 1692. Or, rather, there were two ruffians engaged in the affair. M'Fadyen was a drover who had been paid at Dumfries a sum of 150 for cattle sold. Sleeping overnight in the town, the drover started for home next morning before daylight. Possibly he had seen at the inn the previous evening some one whose appearance or manner made him uneasy, and being a cautious man, with a good deal of money in his possession, he had hoped by an early start to give this suspected person the slip.

A clear, cold December morning, stars winking frostily in a cloudless sky, and a waning moon casting sharp black shadows over the whitened ground, saw him out of Dumfries, and well on his homeward road. And, as he blew on his fingers, and beat his unoccupied hand briskly against his thigh, to warm himself withal, M'Fadyen chuckled to think how cleverly and quietly he had slipped unnoticed from the inn and through the town.

They must be up early indeed who would weather on _him_! And so, ruminating somewhat vain-gloriously, he pushed on over the ringing ground, his horse snorting frosty breaths on the chill air, and inclined to hump his back and squeal on the smallest excuse. Mile after mile slipped easily behind him, and the sun began to show a blood-red face over the hill; a "hare limped trembling through the frozen gra.s.s," and crows cawed hungrily as they flew past on sluggish, blue-black wing, questing for food. The world was awake now, and M'Fadyen reckoned that by a couple of hours after noon he should be safe home with his money.

Only--who was that on the road ahead of him? A soldier by his coat, surely, with his servant riding behind. Well, so much the better; that would be company for him over the loneliest part of his ride, across the moor which bore an evil name. So M'Fadyen pressed on, and soon he caught up the two riders, first the servant, "mounted upon ane dark grey horse"

and armed with a "long gun"; then the master, also riding a dark grey horse, and dressed in a scarlet coat with gold-thread b.u.t.tons. A tall man, the latter--a striking-looking man, quite a personage, with thin refined face and high Roman nose; instead of a wig he wore his own brown hair tied in a cue behind, and over one eye he had a notable peculiarity, "a wrat (wart) as big as ane nut." In his holsters this gentleman carried a brace of pistols.

Surely here was good fortune for M'Fadyen! A party so well armed could afford to look with contempt on any highwayman that ever cried "Stand and deliver" over all broad Scotland. And it was not long before the honest drover, in the joy of his heart at finding himself in such goodly company, had expressed to the red-coated stranger the pleasure it would give him if he might be granted the escort across the moor of a gentleman so well armed and mounted; "for," said he, "in sic ill times it was maist mischancey wark to ride far ane's lane." Little objection had the tall gentleman in red to make to such a proposition, and on they rode, amicably enough, with just such dryness of manner on the stranger's part as the humble drover might expect from an army officer, yet nothing to keep his tongue from wagging. "It was a gey kittle bit they were comin' to, where the firs stude, and he wad hae liked ill to be rubbit. Muckle? O--oo, no; just a wee pickle siller, but nae man likit to lose onything. And folk said they highwayman wad skin the breeks aff a Hielandman. No that he was a Hielandman, though his name did begin wi' a "Mac."

And so chattering, they had already won half-way across that lonely stretch of moor regarding which the drover had had misgivings. And even as they came abreast of that thick clump of stunted firs, up to M'Fadyen rode the servant, pointing towards the trees, and saying: "This is our way. Come ye wi' me."

There were few roads--such as they were--in the south of Scotland with which M'Fadyen's business as a drover had not made him familiar, and naturally he refused now to leave a track which he knew to be the right one. Whereupon the servant up with his "long-gun" and struck him heavily over the head with the b.u.t.t; and as M'Fadyen strove to defend himself and to retaliate, up rode the master, clapped a pistol to his breast, and forced him to go with them behind the clump of trees. The last M'Fadyen saw of his pleasant escort was the two knaves cantering over the heath, bearing with them his cloak-bag containing his 150.

A great fuss was made over this robbery, and the Privy Council took the matter up. The chief robber was undoubtedly an officer, said M'Fadyen, and besides the large wart over his eye, there were other marks which made him noticeable--for example, "the little finger of his left hand bowed towards his loof." Notwithstanding these tell-tale marks, neither robber was ever found; M'Fadyen and his hard-earned 150 had parted company for ever. And though the Privy Council went so far as to "recommend Sir James Leslie, commander-in-chief for the time being of their Majesties' forces within this kingdom, to cause make trial if there be any such person, either officer or soldier, amongst their Majesties' forces, as the persons described," no one was ever brought to book, either amongst the troops in Scotland, or amongst "the officers which are come over from Flanders to levy recruits."

Not so fortunate as this scarlet-coated gentleman was Mr. Hudson, _alias_ Hazlitt, who in 1770 stopped a post-chaise on Gateshead Fell, near Newcastle, and robbed the occupant, a lady who was returning to Newcastle from Durham. A poor-spirited creature was this Hudson, a little London clerk gone wrong, and he trembled so excessively when robbing the lady that she plucked up spirit, and, protesting that half a guinea was all she had, got off with the loss of that modest sum, not even having her watch taken. Despite his pistol, one cannot but feel that of the two the lady was the better man, and that, had it occurred to her, she might very readily have bundled the highwayman neck and crop into her chaise, and handed him over to the authorities.

His career, however, was almost as brief as if she had done so. That same evening he robbed a mounted postman of his mail-bags--having first ascertained that the postman was unarmed. And here Hudson came to the end of his tether. The postman gave the alarm, and the robber was arrested in Newcastle the following day, some of the property lost from the mail-bags still in his possession. At his trial the following week at Durham a.s.sizes he did not attempt to make any defence, but after conviction, by confessing where the booty was hid, he made what reparation lay in his power. Poor wretch! He had not even the posthumous satisfaction of going down to posterity as a bold, bad man, a hero of the road. Not for him was it to emulate Jack Shepherd or d.i.c.k Turpin; he was of feebler clay, unfitted to excel in evil-doing.

After the barbarous fashion of the day, they hanged his body in chains on the scene of his poor, feebly-executed crimes; and there, on Gateshead Fell, through many a dreary winter's night, fringed with loathly icicles, lashed by rains, battered by hail, dangled that pitiful, shrunken figure, creaking dolefully, as it swung to and fro in the bitter blasts that come howling in from a storm-tossed North Sea.

And far from acting as the warning intended to others, so little was this gruesome thing a "terror to evil-doers," that the vicinity of the gibbet actually became a place noted for the frequency of crimes of violence.

There have been others, of course, who might perhaps be recognised as Border highwaymen, though not many of them could claim to have achieved even moderate notoriety. Drummond, who was hanged at Tyburn in 1730, certainly began his infamous career in the north, but that was quite a petty beginning, and--at least after his return from transportation to the Virginian Plantations--his chief haunts were Hounslow or Bagshot Heaths, or other places in the neighbourhood of London.

But at least there was one Border highwayman--or is "footpad" here the more correct term?--who, if the story is true, may surely claim to have been the most picturesque and romantic of criminals. In this instance the malefactor was a woman, not a man, and her name was Grizel Cochrane, member of (or at least sprung from) a n.o.ble family, which later produced one of the most famous seamen in the annals of naval history. Her story is very well known, and it may therefore be sufficient to say here that her father, having been concerned in one of the many political conspiracies which in those days were judged to merit death, lay in prison under sentence, and that, to save his life, the brave lady, disguised as a man, on two separate occasions, on Tweedmouth moor, robbed the mail by which her father's death warrant was being conveyed from London to Edinburgh. Thus she twice prevented the sentence from being carried out, and eventually the prisoner was pardoned.

The greater number of highway robberies in the Border, however, were accomplished without the aid of a horse or the disguise of a c.r.a.pe mask.

The Border highwayman, as a rule, was no picturesque Claude Duval, no chivalrous villain of romance who would tread a measure in the moonlight with the lady whose coach he had plundered, thereafter returning her jewels in recompense for the favour of the dance. He was much more often of the squalid type--in a word, a footpad--frequently a member of some wandering gipsy gang, who, attending country fair or tryst, had little difficulty in ascertaining which one of the many farmers present it would be easiest and most profitable to rob as he steered his more or less devious course homeward in the evening across the waste. What the farmer had that day been paid for his cattle or sheep he usually carried with him, probably in the form of gold; for in those days there were of course no country agencies of banks in which the money might be safely deposited. Not unusually, too, the farmer had swallowed enough liquor to make him reckless of consequences; and the loneliness of the country-side, and the absence of decent roads, too often combined with the condition of the farmer to make him an easy prey to some little band of miscreants who had dogged him from the fair.

Frequently, too, these robbers were in league with the keepers of low roadside public-houses, where pa.s.sengers on their homeward way were encouraged--nothing loth, as a rule--to halt and refresh steed and rider, and possibly whilst they drank their pistols were tampered with.

Who does not remember the meeting of Harry Bertram and Dandie Dinmont in such a place? And who has not read in the author's notes to _Guy Mannering_, Sir Walter's account of the visit to Mump's Ha' of Fighting Charlie of Liddesdale, and what befell him thereafter? In spite of a head that the potations pressed on him by an over-kind landlady had caused to hum like an angry hive of bees, Charlie had sense enough, after he had travelled a few miles on his homeward way, to examine his pistols. Finding that the charges had been drawn and tow subst.i.tuted, Charlie, now considerably sobered, carefully reloaded them, a precaution which certainly saved his money, and possibly his life as well, for he was presently attacked by a party of armed men, who, however, fled on finding that "the tow was out."

Mump's Ha' was in c.u.mberland, near Gilsland. In olden days it was a place of most evil repute, but one may question if in ill name it could take precedence of a similar establishment which in the days of our great-grandfathers stood on Soutra Hill, on the Lauder road. Travellers had need to give this place a wide berth, for it was a veritable den--indeed "Lowrie's Den" was the name by which it was known, and feared, by every respectable person. Many a b.l.o.o.d.y, drunken fight took place there, many were the evil deeds done and the robberies committed; not even was murder unknown in its immediate vicinity.

Well for us that in our day we know of such places only by ancient repute. When we talk regretfully of "the good old days," we are apt to leave out of the reckoning those Mump's Ha's and Lowrie's Dens of our forefathers' times; we forget to add to the burden of a journey such items as indifferent roads and highway robbers, and the possibility of reaching one's destination minus purse, watch, or rings. From an encounter with highwaymen, few pa.s.sengers emerged with flying colours, having had the best of the deal. Not to many persons was such fortune given as fell to the lot of a country la.s.s near Kelso one winter's evening. She had little enough to lose in the way of money or valuables, and it was "bogles," more than the fear of footpads that disturbed her mind as she stumped along that muddy road in the gathering gloom.

Consequently, after one terrified shriek, it was almost a relief to her to find that the two figures which bounced out on her from the blackness, demanding her money, were flesh and blood like herself, and not denizens of another world. Five or six shillings was all that the poor la.s.s possessed, but they took that paltry sum. Only, when she pled hard that they should leave her at least a trifle to take to her mother, who was very poor, one of the footpads relented, and with a gruff, "Hey, then!" thrust three coins back into her not unwilling hand. With a mixture of joy and fear the girl fled into the darkness, but as she ran, she thought she heard a shout, and soon, to her consternation, she made certain that hurrying footsteps were coming up behind her. In dire terror now, she left the road, and crept into some bushes in an adjacent hollow. There, with thumping heart, she cowered whilst two men ran past, and presently, whilst she still lay hid, they returned, vowing loud vengeance on some person who had "done" them. It was long ere the poor girl dared leave her shelter, late ere she got home to tell her tale to an anxious mother. But when the three rescued shillings were produced, the cause of the robbers' anger was not far to seek; they were not shillings that came this time from the depths of a capacious pocket, but three golden guineas.

CIRc.u.mSTANTIAL EVIDENCE

When the skipper of some small coastal trading craft is able to retire from leading a sea-faring life, it is usually within close range of the briny, tarry whiffs that with every breeze come puffing from the harbour of some little port out of which he has formerly traded that he sets up his sh.o.r.e-going abode. There, when he has paid off for the last time, and everything, so to speak, is coiled down and made ship-shape, he settles within easy hail of old cronies like himself; and if he should chance to be one of those who have lived all their days with only their ship for wife, then he not unnaturally falls easily into the habit of dropping, of an evening, into the snug, well-lit bar-parlour of the "Goat and Compa.s.ses" or the "Mariner's Friend," or some such house of entertainment, with its glowing fire and warm, seductive, tobacco-and grog-scented atmosphere, there to wile away the time swopping yarns with old friends. Sometimes, if opportunity offer, he is not averse from a mild game of cards for moderate points; and usually he takes, or at least in old days he used to take, his liquor hot--and strong.

Captain Alexander Craes was one of those retired merchant skippers; but he had not, like the majority of his fellows, settled near the sea-coast. It was Kelso that had drawn him like a loadstone. An inland-bred man, in his boyhood he had run away to sea, and the sea, that had irresistibly woed his youthful fancy, had no whit fulfilled his boyish dreams. It was not always blue, he found; the ship was not always running before a spanking breeze; more kicks than ha'pence, more rope's-endings than blessings, came his way during the first few years of his sailor life. Perhaps it was because he had been ashamed to go back and own himself beaten, or perhaps it was his native Border dourness that had caused him to stick to it; but at any rate he did stick to it--though, like most sailors, he growled, and even swore sometimes, that he hated the life. And now, in the winter of 1784-5, here he was in Kelso, stout, weather-beaten, grey-headed, over fifty, living within earshot of the deep voice of flooded Tweed roaring and fretting over the barrier with which the devil, at bidding of Michael Scott the Wizard, long syne dammed its course. Many a time when the captain's little vessel, close hauled, had been threshing through leaden-grey seas under hurrying, leaden-grey skies and bitter snow squalls, with a foul wind persistently pounding at her day after day, he had thought, as some more than ordinarily angry puff whitened the water to windward and broke him off his course, with the weather leech of his close-reefed topsail shivering, how pleasant it must be to be a landsman, to go where he pleased in spite of wind or weather. Ah! they were the happy ones, those lucky landsmen, who could always do as they chose, blow high, blow low.

Well, here he was at last, drinking in all a landsman's pleasures, enjoying his privileges--and not too old yet, he told himself with self-conscious chuckle, to raise a pleasant flutter of expectation in the hearts of Kelso's widows and maidens. Not that he was a marrying man, he would sometimes protest; far from it, indeed. Yet they did say that the landlord of a rival inn was heard to remark that "the cauptain gaed ower aften to Lucky G----'s howf. It wasna hardlys decent, an' her man no deid a twalmonth." Maybe, however, the good widow's brand of whisky was more grateful to the captain's palate, or the company a.s.sembled in her snug parlour lightsomer, or at least less dour, than was to be found at the rival inn, where the landlord was an elder of the kirk and most stern opponent of all lightness and frivolity. Whatever the cause, however, it is certain that the captain did acquire the habit of dropping in very frequently at the widow's, where he was always a welcome guest. And it was from a merry evening there that, with a "tumbler" or two inside his ample waistcoat, he set out for home one black February night when a gusty wind drove thin sleety rain rattling against the window panes of the quiet little town, and emptied the silent, moss-grown streets very effectively.

An hour or two later, it might be, two men, Adam Hislop and William Wallace, were noisily steering a somewhat devious and uncertain course homeward, when one of them tripped over a bulky object huddled on the ground, and with an astonished curse fell heavily.

"What the de'il's that? Guide us, it's a man! Some puir body the waur o'

his drink, ah'm thinkin'. Haud up, maister! Losh! it's the cauptain," he cried, as with the not very efficient aid of his friend he tried to raise the prostrate man. But there was more than drink the matter here.

"There's bluid on him!" cried one who had been vainly essaying to clap a battered hat on to the head of the form that lay unconscious in the mud.

A hard task it was presently, when his senses began to return, to get the wounded sailor unsteadily on his legs; a harder to get him home. The captain could give but a poor account of how he came to be lying there; thickly and indistinctly he tried to explain that he had laid a course for his own moorings, and had been keeping a bright look-out, when suddenly he had been brought up all standing, and he thought he must have run bows on into some other craft, for he remembered no more than getting a crack over his figurehead. Morning was treading on the heels of night before Hislop and Wallace had got the damaged man home and had left him safely stowed in bed, and themselves were peacefully snoring, unconscious of coming trouble.

A day or two pa.s.sed quietly, and the damaged man already was little the worse of his adventure. Then, however, the rumour quickly spread that not only had the Captain been a.s.saulted, but that he had been robbed.

Gossip flew from tongue to tongue, and folk began to look askance on Wallace and Hislop, muttering that "they aye kenned what was to be the outcome"; for who, thought they, but Wallace and Hislop could have been the robbers? They had found him lying, the worse of liquor, having damaged his head in falling, and they had robbed him, either then or when they undressed him in his room, believing that he would have no recollection of what money he had carried that night, nor, indeed, much of the events of the entire evening. It was all quite plain, said those amateur detectives. They wondered what the fiscal was thinking of that he had not clapped the two in jail lang syne. So it fell out that, almost before they realised their danger, the two men were at Jedburgh, being tried on a capital charge.

The evidence brought against them was for the most part of no great account, and the old sea captain was unable to say that either man had a.s.saulted him, or, indeed, that he had any clear recollection of anything that had happened after he left the inn. They might have got off--indeed they _would_ have got off--but for one unfortunate circ.u.mstance, which in the eyes of the jury completely d.a.m.ned them. In possession of one of them was found a guinea, which the captain had no hesitation in identifying as a peculiarly-marked coin which he had carried about with him for many years. That was enough for the jury.

They and counsel for the prosecution would credit no explanation.

The story told by Hislop and Wallace was that on the night of the a.s.sault they had been drinking and playing cards in a public-house in Kelso; that late in the evening a soldier had come in and had joined in the game, losing a considerable sum; that in consequence of his losses he had produced a guinea, and had asked if any of the company could change it. Hislop had given change, and the guinea found in his possession was that which he had got from the soldier. "A story that would not for a moment hold water," said counsel, when the unfortunate men failed to produce evidence in support of their story; and the judge, in his summing up, agreeing with the opinion of counsel for the prosecution, the jury brought in a verdict of guilty, and both men were condemned to be hanged.

On May 17, 1785, this sentence was carried out. But here arose circ.u.mstances which caused the credulous--and in those days most people were credulous--first to doubt, and finally to believe implicitly in the innocence of the convicted men. From first to last Wallace and Hislop had both most strongly protested that they were entirely guiltless.

That, of course, went for nothing. But when, on the day of execution, the ropes which were used to hang the poor creatures both broke; when the man who ran to fetch sounder hemp fell as he hurried, and broke his leg, then the credulous and fickle public began to imagine that Providence was intervening to save men falsely convicted. Then, too, the tale spread abroad among a simple-minded people how a girl, sick unto death, had said to her mother that when Hislop's time came she would be in heaven with him; and it was told that as Hislop's body, after execution, was carried into that same tenement, in a room of which the sick girl lay, her spirit fled. Judgment, also, was said to have fallen on a woman who occupied a room in that house, and who had violently and excitedly objected to the body of a hanged man being brought to defile any abode which sheltered her. That same evening the body of her own son, found drowned in Tweed, was carried over that threshold across which she had tried to prevent them from bringing the corpse of Hislop.

All these events tended to swing round public opinion, and those who formerly had been most satisfied of their guilt, now most strenuously protested their entire belief in the innocence of the hanged men. The years slipped away, however, and there had arisen nothing either to confirm or to dissipate this belief; only the story remained fresh in the minds of Border folk, and the horror of the last scene grew rather than lessened with repeated telling.

But there is a belief--not always borne out by facts--that "murder will out"; a faith that, "though the mills of G.o.d grind slowly, yet they grind exceeding small." Ten years had pa.s.sed, and the spring of 1795 was at hand, when it chanced one day that a citizen of Newcastle, homeward bound from Morpeth, had reached a point on the road near Gosforth; here, without word or challenge, a footpad, springing on to the road, fired a pistol at the postillion of the postchaise, knocking off the man's cap and injuring his face. The frightened horses plunged, and dashed off madly with the vehicle, leaving in the footpad's possession no booty of greater value, however, than the postillion's cap.

Later in the same day the same footpad fired, without effect, on two mounted men, who galloped off and gave the alarm, and a well-armed band setting out from Gosforth soon captured the robber, still with the incriminating postillion's cap in his possession. He was a man named Hall, a soldier belonging to the 6th Regiment of Foot, of which a detachment was then stationed in the district. And he was in uniform, though, as a measure of precaution, and not to make himself too conspicuous, he wore his tunic turned inside out--a disguise that one would p.r.o.nounce to be something of the simplest.

There was, of course, no possible defence--indeed, he owned up, and at the next a.s.sizes was condemned to death. And here the link with the fate of Wallace and Hislop came in. As he lay awaiting execution, Hall confessed that it was he, that February night in 1785, who had stunned and robbed Captain Craes. He had seen the old sailor making his not very steady way homewards, and had followed him, and at the loneliest part of the street, where no house showed a light, he came up behind and tripped him; and as the captain essayed to get again on his feet, Hall had struck him a violent blow on the head with a cudgel, stunning him. The man told, too, how a little later he had gone into a public-house to get a drink, and that there he found some men playing at cards; he had joined them, and had lost money, and one of the men (Hislop, as he afterwards understood) had changed for him a guinea which he had a little time before taken from the pocket of the man he had stunned.

Thus were Wallace and Hislop added to the long list of the victims of circ.u.mstantial evidence.

ILLICIT DISTILLING AND SMUGGLING

From about the close of the seventeenth until well on in the nineteenth century, smuggling was carried on to a large extent in the Border counties of England and Scotland, not only as regards the evasion of customs duties on imported articles, but as well in the form of illicit distillation.