HEW DALRYMPLE.

Compeared JOHN GRANT, in Altalaat, aged forty years and upwards, married, solemnly sworn, purged of malice and partial council, examined and interrogate: Depones, That both the panels lodged in his house upon the night of the twenty-seventh of September, one thousand seven hundred and forty-nine: That next morning they breakfasted, after the sun rising, with him; and as he was going to a Michaelmas fair, when he came out of his house, he looked and saw the two panels at his door, each having a gun in his hand, and they told him that they intended to go a deer hunting, but did not mention to what place: That the deponent accordingly went to the fair, and returned in about four days home, and then heard that a soldier who had been upon some of the hills was amissing, and in a very short time heard it was Serjeant Davies: That at first it was rumoured that some of the Serjeant's own men had killed him; and afterwards that he had been killed by some outlaws; and after that it was clattered that the panels had killed him: Depones, That the night the panels lodged with him as above, one of them talked of going the next morning in quest of horses for leading in corn, without mentioning from where. _Causa scientiae patet._ And this is the truth, as he shall answer to G.o.d. This deposition signed by Duncan Campbell, sworn interpreter.

(Signed) DUNCAN CAMPBELL.

HEW DALRYMPLE.

JOHN GRANT, son to the said John Grant in Altalaat, aged twenty years, solemnly sworn, purged of malice and partial council, by the sworn interpreter aforesaid, and by him interrogate: Depones, That he knows the panels, and that they lodged with his father the night of the twenty-seventh of September, one thousand seven hundred and forty-nine: That next morning the panels, each of them having a gun, and Duncan Clerk a grey plaid about him, went up the water to the hill of Gleneye, which is about a mile and a half distant from the hill of Christie: That the road they took was not the direct road to the hill last named; and before they went they said they were going a deer hunting and for horses to lead in their corns: That three or four days after this, they heard that Serjeant Davies was amissing, and that he was killed in the hill of Christie; but the last part of this he did not hear till some time, a year or two thereafter. _Causa scientiae patet._ And this is truth, as he shall answer to G.o.d.

(Signed) DUNCAN CAMPBELL.

HEW DALRYMPLE.

ELSPETH MACARA, in Inverey, late servant to Duncan Clerk, one of the panels, aged thirty-two years; solemnly sworn, purged of malice and partial council, as aforesaid, and interrogate, Depones, That she was fellow-servant, about three years ago, with Alexander Macgillies, a preceding witness, in Duncan Clerk, the panel's house: That she once saw in the said Alexander's hands a yellow ring, but knows not if it was gold, with a k.n.o.b upon it of the same metal; which ring she frequently observed on the finger of the wife of the said Duncan Clerk.

And further depones, That the said k.n.o.b was bigger above and smaller below, and shaped something like a heart. _Causa scientiae patet._ And this is truth, as she shall answer to G.o.d. This deposition signed by the above interpreter.

(Signed) DUNCAN CAMPBELL.

HEW DALRYMPLE.

JOHN GROWAR, in Inverey, aged fifty years and upwards, a widower; who being solemnly sworn, purged of partial council, and interrogate, Depones, That upon the 28th of September, 1749, the deponent having gone to a glen called Glenconie, to bring home his horses to lead in the corns, he met with Serjeant Davies, of whom he had some acquaintance before; and he had at that time a good deal of conversation with him, particularly with relation to a tartan coat which the Serjeant had observed the deponent to drop, and after strictly enjoining him not to use it again, dismissed him, instead of making him prisoner: That the deponent went home with his horses, and saw no more of the Serjeant, who was alone; and that their meeting was about an hour after sunrising, to the best of the deponent's knowledge: That some time thereafter, about four years ago, he was told by Alexander Macpherson _alias_ M'Gillies, a former witness, that the Serjeant's ghost had appeared to him, M'Gillies, and had desired him to bury his, the Serjeant's, bones, and to bring Donald Farquharson, also a former witness, along with him; but M'Gillies at that time did not mention the place where the bones were to be found, but afterwards told the deponent that the Serjeant's bones were found in the place to which the ghost had directed him; and one day the said M'Gillies and the deponent being in the hill together, he, M'Gillies, pointed to him the place where they were found, which was not far from the place in which he had formerly met Serjeant Davies, upon the 28th of September aforesaid; and that two years ago, in labouring time, the said M'Gillies told him that the said ghost came to M'Gillies's master's house, and the door flung open, and took M'Gillies out of the house, and told him that the panels had been his murderers. Depones, That about two years ago he had a conversation with M'Gillies, who told him, that one day coming from the hill with Duncan Clerk, the panel, then his master, and another time when in bed, he had a conversation with the said Duncan concerning Serjeant Davies's murder, and all the answer Duncan made was, What can you say of an unfortunate man? Depones, That about ten or eleven years ago, Duncan Clerk, the panel, was said to have stolen some sheep from one Alexander Farquharson, in Inverey, and there was a Sheriff-court held upon that matter at the Mill of Achindryne, in which nothing was found against the said Duncan, but John Ewes alias M'Donald was fined, and the deponent became cautioner for him, that he should never speak about it again. _Causa scientiae patet._ And this is the truth, as he shall answer to G.o.d.

(Signed) JOHN GREWER.

HEW DALRYMPLE.

ANGUS CAMERON, in Easter Finart, Rannach, aged thirty years and upwards, solemnly sworn, purged of malice and partial council, by Duncan Campbell, sworn interpreter, and by him interrogate, Depones, That he was in Braemaar four years past at Michaelmas last; that is, in the year 1749: That about an hour and a half before sun-set on the 28th of September, he being on the hill of Galcharn, on the side thereof, saw a man in a blue coat, with a gun in his hand, with a hat which had a white edging about it, he knows not whether it was silver or not; and saw other two men, one of whom was the panel Duncan Clerk, who he had seen upon former occasions, and another man of a lower stature than the said Duncan Clerk, coming up the hill towards the first mentioned man, who was distant from him, the deponent, about a gunshot, upon, or near the top of a hill opposite to him, the deponent, the name of which he does not know, he being a stranger in that country; that there was another man along with him, the deponent, named Duncan Cameron, and that they were waiting there for other travellers, and his said companion is dead about three years ago: Depones, That he saw Duncan Clerk, the panel, and his companion, whom he did not, nor does not know, meet with the man clad in blue, as aforesaid; and after they had stood for some time together, he saw Duncan Clerk, the panel, strike at the man in blue, as he thought, with his naked hand only, upon the breast; but, upon the stroke, he heard the man struck cry out, and clap his hand upon the place struck, turn about, and go off: That the panel Duncan Clerk and the other man stood still for a little, and then followed after the man in blue, and saw him, the said Duncan and the other man, each of whom had a gun, fire at the man in blue: That the two shots were very near one another; and immediately upon them, the man in blue fell: That Duncan Clerk, the panel, had upon him a grey plaid, with some red in it, whom he saw that same day, and his companion along with him, (but spoke to none of them,) about mid-day, and that they pa.s.sed him as he was lying upon the same hill; and that both times that same day, that he had occasion to see the said Duncan Clerk and his companion, he was lying in a little hollow upon the side of the said hill of Galcharn, in such a manner, as he thinks, neither the said Duncan Clerk, or his companion did see him: And depones, That there was no long heather in the said hollow where he was lying: Depones, That after the man in blue fell, in manner above mentioned, the panel Duncan Clerk, and his companion, went up to him; and as it was the deponent's opinion the man was dead, he saw them stoop down, and handle his body; and while they were so employed, he, the deponent, and his companion, got up, and made off: Depones, That he did not mention any thing of the premises to any body for nine months or a twelve month, and then he spoke of it to one Donald Cameron, and to Duncan Cameron, a different man from him above mentioned, who advised him to say nothing of it, as it might get ill-will to himself, and bring trouble on the country; some people that he told it to said, that people would not believe him, but rather think he was telling lies: That it was six months after what he saw, and has deponed upon, that he heard that Serjeant Davies was amissing. And being interrogate for the panels, depones, That he came to the said hill of Galcharn, and lay down in the hollow about two hours after sun-rising; and depones, That he and his companion were, the night before the twenty-eighth of September aforesaid, in Glenbruar Braes, which is about ten miles distant from the hill of Galcharn; and that he left these braes about the end of said night; and that the travellers that he expected to pa.s.s that day were Donald Cameron, who was afterwards hanged, together with some of the said Donald's companions from Lochaber. _Causa scientiae patet._ And this is the truth, as he shall answer to G.o.d. This deposition signed by the sworn interpreter aforesaid.

(Signed) DUNCAN CAMPBELL.

HEW DALRYMPLE.

DUNCAN CAMERON, in Dunan, aged twenty-eight years, unmarried, solemnly sworn, purged of malice and partial council, examined and interrogate, Depones, That in the summer after he had heard that one Serjeant Davies was amissing, Angus Cameron, a preceding witness, told the deponent that he saw Duncan Clerk, and another person unknown, shoot a man in Braemaar, whom the said Angus, by his dress, believed to be a serjeant or officer; upon which the deponent said he did not want to hear any more on that subject. _Causa scientiae patet._ And this is the truth, as he shall answer to G.o.d.

(Signed) DUNCAN CAMERON.

GILB. ELLIOT.

DONALD DOW CAMERON, in Milntown of Ashintilly, Strathardle, aged forty-four years, married; who being solemnly sworn, and purged of partial council, by Duncan Campbell, sworn interpreter aforesaid, and by him interrogate, Depones, That in the summer after he heard that a serjeant in Braemaar was amissing, whose name he thinks was Davidson, or something like that, Angus Cameron, a preceding witness, told the deponent that he had seen Duncan Clerk the panel, and another man along with him, shoot a man, like a gentleman or an officer, upon a hill in Braemaar: That upon this the deponent told the said Angus Cameron that he did not want to hear more any such stories, nor to have such a report raised of the country; and the deponent at the same time advised Angus to keep the thing secret, and to speak no more on the subject.

_Causa scientiae patet._ And this is the truth, as he shall answer to G.o.d. This deposition signed by the sworn interpreter aforesaid.

(Signed) DUNCAN CAMPBELL.

GILB. ELLIOT.

LAUCHLAN M'INTOSH, in Inverey, aged near thirty years, unmarried, solemnly sworn, purged of malice and partial council, examined and interrogate by the sworn interpreter aforesaid, Depones, That the panel, Duncan Clerk's father, his house is within less than a quarter of a mile of the deponent's house: That upon the afternoon of that day in which Serjeant Davies was amissing, as he thinks, or at least the afternoon of the day following, he cannot be altogether positive which, he saw Duncan Clerk, panel, come from the hill to his father's house, with a gun in his hand, and a sort of grey plaid about him: That he does not remember that he saw him about his father's house before that time in the afternoon of that day. _Causa scientiae patet._ And this is the truth, as he shall answer to G.o.d.

(Signed) LAUCHLAN M'INTOSH.

GILB. ELLIOT.

JEAN DAVIDSON, spouse to Gregor Keir, in Inverey, aged thirty years, married; who being solemnly sworn, and purged of malice and partial council, by the sworn interpreter aforesaid, Depones, That she lived in the same town with Duncan Clerk, the panel's father, who is now dead: That the evening of the day upon which Serjeant Davies was first amissing, she saw Duncan Clerk, the panel, return from the hill to his father's house about sun-setting, having a plaid upon him, with a good deal of red in it, but whether he had a gun in his hand the deponent did not observe: That Duncan Clerk's father was that day working among his corns; and the deponent did not see the said Duncan about the town till the evening, as above deponed upon. And further depones, being interrogate for the panel, That when she first saw Duncan Clerk, she was among the corns with his father a little below the town, and that Duncan was about a gun-shot from her, coming towards his father's house from the hill, and that he came near to the place where she was with his father. _Causa scientiae patet._ And this is the truth, as she shall answer to G.o.d. And this deposition is signed by the foresaid sworn interpreter.

(Signed) DUNCAN CAMPBELL.

ALEX^R FRASER.

LAUCHLAN M'INTOSH, servant to William Grant of Burnside, aged twenty-one years, solemnly sworn, purged of malice and partial council, examined and interrogate, Depones, That he was a servant to Michael Farquharson in Dubrach, in whose house Serjeant Davies quartered: That he saw the Serjeant have a little pen-knife, upon the end of the haft of which there was a seal for sealing of letters, and he heard the Serjeant say that was the use he made of the said seal: That he saw Serjeant Davies leave his master's house about sun-rising that day upon which he was amissing; that he never saw him since: That about two years thereafter, being on the hill with Alexander Macdonald the panel, and the said Alexander Macdonald had in his hand a pen-knife, which the deponent saw, very like the pen-knife which Serjeant Davies had above mentioned: That the deponent, upon seeing that pen-knife, told Macdonald that the pen-knife he then had was very like Serjeant Davies's pen-knife, and Macdonald made answer that there were many siclikes: And further depones, That he saw the Serjeant have a green silk purse, in which he saw the Serjeant put in and take out several pieces of gold: The deponent does not remember what the handle of the Serjeant's knife was made of, nor does he remember what was engraven on the end of the handle of the pen-knife which the Serjeant had, nor the end of the handle of the pen-knife which Macdonald had, but that both seals were white. _Causa scientiae patet._ And this is the truth, as he shall answer to G.o.d. And depones he cannot write.

(Signed) ALEX^R FRASER.

JOHN BROWN in Drumcraggan, aged sixty years, or thereby, solemnly sworn, purged of malice and partial council by the sworn interpreter aforesaid, and by him interrogate, Depones, That he was ground-officer for the lands of Inverey, and was so at the time when Serjeant Davies's body was amissing: That he was ordered by the Chamberlain of Inverey, to call out the country people in search for Serjeant Davies's body, which accordingly he did search for with the country people for two days, without finding it: That the last of the two days, as the deponent and the country people were returning home, and had given over the search, the panel, Duncan Clerk, challenged the deponent for troubling the country people with such an errand, and upon this the deponent and the said Duncan Clerk had some scolding words. _Causa scientiae patet._ And this is the truth, as he shall answer to G.o.d. And depones he cannot write. And this disposition is signed by the foresaid sworn interpreter.

(Signed) DUNCAN CAMPBELL.

ALEX^R FRASER.

_Follows the Witnesses adduced by the Panels in exculpation._

Captain JOHN FORBES of New, aged forty-five years, married, who being solemnly sworn, purged of malice and partial council, examined and interrogate, Depones, That James Small having suggested to the deponent that it might be proper that Duncan Clerk the panel's wife, should be examined upon what rings she had in her possession, and that some other witnesses in relation thereto, might be precognosced, presented a pet.i.tion to the deponent, as the next Justice of Peace to where she lived, craving, to the purpose above mentioned: That the deponent went for that end to Braemaar; and she being summoned to appear at the Castletown of Braemaar, appeared before the deponent, and declared, in substance, as follows: That since she was married, a small bra.s.s ring, which she then presented to the deponent, and a gold ring which she got from her mother, and wore sometimes, were the only rings that she had since her marriage; and that before her marriage she got a copper ring from one Allan M'Donald, brother to James Macdonald, in Allanquoich, with a round knot of the same metal raised upon it, which, the summer before she was married, she gave to Alexander M'Intosh alias Rioch, then a glen-herd, and now servant to Thomas Gordon in Fetherletter, in Strathaven, and that she was married to the said Duncan Clerk, panel, in harvest 1751. _Causa scientiae patet._ And this is the truth, as he shall answer to G.o.d.

(Signed) JOHN FORBES.

HEW DALRYMPLE.

DUNCAN KEIR, in Glenmuick, aged twenty and upwards, unmarried, solemnly sworn, purged and interrogate, Depones, That the day that the Braemaar men were going to the Michaelmas fair in Strathaven, which was the day before the said fair held, he saw Duncan Clerk, the panel, at Gleney, where the deponent then lived, before he and the other shearers there had got their dinner, and that they dined sometimes later and sometimes more early, and cannot tell at what time they dined that day, but the sun was a good while high when he saw him: That he had on a plaid, which he thinks was grey: That Gleney is a mile farther up the water than Inverey towards the hill; and the next day, after he saw the said Duncan Clerk as above, he heard that Serjeant Davies was amissing.

_Causa scientiae patet._ And this is the truth, as he shall answer to G.o.d. And depones he cannot write.

(Signed) HEW DALRYMPLE.

ELIZABETH MACDONALD, in Tulloch of Invercauld, aged twenty-eight years, unmarried, solemnly sworn, purged and interrogate by the sworn interpreter aforesaid, Depones, That the day before she heard Serjeant Davies was amissing, she saw Duncan Clerk, the panel, at the shearers of Gleney, but did not observe from whence he came: That she does not remember that he had either a gun or a plaid, but thinks that he had a short blue coat upon him, and that Gleney is a mile farther up the water towards the hill than Inverey: That when she saw the said panel it was before dinner, which they took early that day, being betwixt twelve and one; and that Duncan Keir, the preceding witness, was one of the said shearers; and that Gleney is about a mile from Glenconie.

_Causa scientiae patet._ And this is the truth, as she shall answer to G.o.d. This deposition signed by the said sworn interpreter.

(Signed) DUNCAN CAMPBELL.

HEW DALRYMPLE.

The Lords Commissioners of Justiciary fine and amerciate Ronald Macdonald, brother to James Macdonald in Allanquoich, and Alexander Macintosh _alias_ Reoch, now servant to Thomas Gordon of Fetterletter, in Strathaven, and each of them, in the sum of one hundred merks Scots money, for their not appearing this day and place, to bear leal and soothfast witnessing, in so far as they knew, or should be asked at them, anent the said panels, Duncan Terig _alias_ Clerk, and Alexander Bain Macdonald, their guiltiness of the crime of murder mentioned in the said indictment, raised at the instance of his Majesty's advocate against them thereanent, as they, who were lawfully cited for that effect, thrice called, and not compearing.

(Signed) GILB. ELLIOT, I.P.D.

The Lords ordain the a.s.size forthwith to inclose in the Exchequer-Room, and to return their verdict against six o'clock in the afternoon to-morrow, in this place; and ordain the haill fifteen then to be present, and the panels to be carried back to prison.