PATRICK SELLAR, now or lately residing at Culmaily, in the parish of
Golspie, and shire of Sutherland, and under factor for the Most Noble
the Marquis and Marchioness of Stafford. You are indicted and accused,
at the instance of Archibald Colquhoun of Killermont, his Majesty’s
Advocate for his Majesty’s interest: That albeit, by the laws of
this and of every other well-governed realm, culpable homicide, as
also oppression and real injury, more particularly the wickedly and
maliciously setting on fire and burning, or causing and procuring
to be set on fire and burnt, a great extent of heath and pasture,
on which a number of small tenants and other poor persons maintain
their cattle, to the great injury and distress of the said persons;
the violently turning, or causing and procuring to be turned out of
their habitations, a number of the said tenants and other poor people,
especially aged, infirm, and impotent persons and pregnant women,
and cruelly depriving them of all cover or shelter, to their great
distress, and the imminent danger of their lives; the wickedly and
maliciously setting on fire, burning, pulling down, and demolishing,
or causing and procuring to be set on fire, burnt, pulled down, and
demolishing, the dwelling-houses, barns, kilns, mills, and other
buildings, lawfully occupied by the said persons, whereby they
themselves are turned out, without cover or shelter, as aforesaid,
and the greater part of their different crops is lost and destroyed,
from the want of the usual and necessary accommodation for securing
and manufacturing the same; and the wantonly setting on fire, burning,
and otherwise destroying, or causing and procuring to be set on fire,
burnt, and otherwise destroyed, growing corn, timber, furniture,
money, and other effects, the property, or in the lawful possession
of the said tenants and other poor persons, are crimes of a heinous
nature, and severely punishable. Yet true it is, and of verity,
that you the said Patrick Sellar are guilty of the said crimes, or
of one or more of them, actor, or art in part; in so far as you the
said Patrick Sellar did, on the 15th day of March, 1814, or on one
or other of the days of that month, or of April and May immediately
following, and on many occasions during the said months of March,
April and May, wickedly and maliciously set on fire and burn, or cause
and procure John Dryden and John M’Kay, both at that time shepherds
in your service, to set on fire and burn a great extent of heath and
pasture, many miles in length and breadth, situate in the heights of
the parishes of Farr and Kildonan, in the county of Sutherland, and
in particular in the lands of Ravigill, Rhiphail, Rhiloisk, Rossal,
Rhimsdale, Garvault, Truderskaig, and Dalcharrel, whereby many of the
tenants and others in the lands aforesaid were deprived of pasturage
for their cattle, and in consequence thereof reduced to great distress
and poverty; and many of them were obliged to feed their cattle with
the potatoes intended for the use of their families, and with their
seed corn; particularly William Gordon, James M’Kay, Hugh Grant, and
Donald M’Kay, all then tenants in Rhiloisk aforesaid; John Gordon and
Hugh M’Beath, then tenants in Rhimsdale aforesaid; Donald M’Beath,
then tenant in Rhiphail aforesaid; Murdo M’Kay and John M’Kay, then
tenants in Truderskaig aforesaid. And further, you the said Patrick
Sellar did, upon the 13th day of June, 1814, or on one or other of
the days of that month, or of May immediately preceding, or of July
immediately following, together with four or more persons, your
assistants, proceed to the district of country above-mentioned, and
did, then and there, violently turn, or cause or procure to be turned
out of their habitations, a number of the tenants and poor people
dwelling there; and particularly Donald M’Kay, a feeble old man of
the age of four-score years or thereby, then residing in Rhiloisk
aforesaid; who, upon being so turned out, not being able to travel to
the nearest inhabited place, lay for several days and nights thereafter
in the woods in the vicinity, without cover or shelter, to his great
distress, and to the danger of his life. As also, Barbara M’Kay, wife
of John M’Kay, then tenant in Ravigill aforesaid, who was at the time
pregnant, and was moreover confined to her bed in consequence of being
severely hurt and bruised by a fall; and you the said Patrick Sellar
did, then and there, notwithstanding the entreaties of the said John
M’Kay, give orders that the said Barbara M’Kay should be instantly
turned out, whatever the consequences might be, saying, That you would
have the house pulled about her ears; and the said John M’Kay was
accordingly compelled, with the assistance of some women and neighbours
to lift his said wife from her bed, and carry her nearly a mile across
the country to the imminent danger of her life: As also, time last
above-mentioned, you the said Patrick Sellar did forcibly turn out, or
cause and procure your assistants aforesaid, to turn out, of his bed
and dwelling, in Garvault aforesaid, Donald Munro, a young lad, who
lay sick in bed at the time. And further, you the said Patrick Sellar,
did time aforesaid, wickedly and maliciously set on fire, burn, pull
down, and demolish, or cause and procure your assistants aforesaid
to set on fire, burn, pull down, and demolish a great number of the
dwelling-houses, barns, kilns, mills, and other buildings, lawfully
occupied by the tenants and other inhabitants in the said district of
country; and in particular, the houses, barns, kilns, mills, lawfully
occupied by the above-mentioned William Gordon, James M’Kay, Hugh
Grant, in Rhiloisk aforesaid; and John Gordon in Rhimsdale aforesaid;
As also, the barns and kilns in Rhiphail aforesaid, lawfully
occupied by Alexander Manson, John M’Kay, and others, then tenants or
residenters there; the barns and kilns in Ravigill aforesaid, lawfully
occupied by John M’Kay, Murdo M’Kay, and others, then tenants there;
and the barns and kilns in Garvault aforesaid, lawfully occupied by
William Nicol and John Monro, then tenants there; As also, the house
and barn in Ravigill aforesaid, lawfully occupied by Barbara M’Kay,
an infirm old widow, nearly fourscore years of age, and who was
obliged to sell three of her five cattle at an under value, in order
to support herself, her crop being destroyed from the want of her
barn: As also, the greater part of the houses, barns, kilns, mills,
and other buildings in the whole district of country above mentioned,
was, time aforesaid, maliciously set on fire, burnt, pulled down, and
demolished, by you, the said Patrick Sellar, or by your assistance or
by your orders, whereby the inhabitants and lawful occupiers thereof
were turned out, without cover or shelter; and the greater part of
their different crops was lost and destroyed from want of the usual and
necessary accommodation for securing and manufacturing the same; and
especially the lawful occupiers of the barns, kilns, mills, and other
buildings particularly above mentioned, to have been set on fire and
destroyed as aforesaid, did sustain great loss in their crops, from
being thus deprived of the means of securing and manufacturing the
same. And further, you, the said Patrick Sellar, did, time aforesaid,
culpably kill Donald M’Beath, father to Hugh M’Beath, then tenant in
Rhimsdale aforesaid, by unroofing and pulling down, or causing to be
unroofed and pulled down, the whole house in Rhimsdale aforesaid, where
the said Donald M’Beath was then lying on his sick bed, saving only a
small space of roof, to the extent of five or six yards, whereby the
said Donald M’Beath was exposed, in a cold and comfortless situation,
without cover or shelter, to the weather; and he, the said Donald
M’Beath, in consequence of being so exposed, never spoke a word more,
but languished and died about eight days thereafter, and was thereby
culpably killed by you, the said Patrick Sellar: Or otherwise, you,
the said Patrick Sellar, did, time and place aforesaid, cruelly expose
the said Donald M’Beath to the weather, without cover or shelter, by
pulling down and unroofing, or caused to be pulled down and unroofed,
the greater part of the house where he then lay sick in bed, to his
great distress, and the imminent danger of his life; and this you,
the said Patrick Sellar, did, notwithstanding the entreaties of the
said Hugh M’Beath, and others, you saying, in a rage, when it was
proposed that the said Donald M’Beath should remain, “The devil a
man of them, sick or well, shall be permitted to remain,” or words
to that effect. And further, you, the said Patrick Sellar, did, time
aforesaid, wickedly and maliciously set on fire, burn, and demolish, or
cause and procure your assistants to set on fire, burn, and demolish,
the dwelling-house, barn, kiln, sheep-cot, and other building then
lawfully occupied by William Chisholm in Badinloskin, in the parish
of Farr aforesaid, although you knew that Margaret M’Kay, a very old
woman of the age of 90 years, less or more, and who had been bed-ridden
for years, was at that time within the said house; and this you did,
notwithstanding you were told that the said old woman could not be
removed without imminent danger to her life; and the flames having
approached the bed whereon the said Margaret M’Kay lay, she shrieked
aloud in Gaelic, “O’n teine,” that is to say, “O the fire,” or words
to that effect; and was forthwith carried out by her daughter, Janet
M’Kay, and placed in a small bothy, and the blanket in which she was
wrapped was burnt in several places, and the said Margaret M’Kay
never spoke a word thereafter, but remained insensible from that
hour, and died in about five days thereafter, in consequence of the
fright and alarm; and, in particular, in consequence of her removal,
as aforesaid, from her bed into a cold and uncomfortable place, unfit
for the habitation of any human being; and the said Margaret M’Kay was
thereby culpably killed by you, the said Patrick Sellar; or otherwise,
you, the said Patrick Sellar, did, time and place aforesaid, cruelly
turn, or cause to be turned, out of her bed and dwelling-place, the
said Margaret Mackay, by setting on fire, burning, and demolishing, or
causing and procuring to be set on fire, burnt, and demolished, the
said house and other buildings, in manner above mentioned, to her great
distress, and the imminent danger of her life. And farther, all the
persons whose houses, barns, kilns, mills, and other buildings, were
burnt and destroyed, or caused and procured to be burnt and destroyed
by you, the said Patrick Sellar, all as above described, did sustain
great loss in their moss wood, and other timber, which was broken and
demolished, and destroyed by fire and otherwise, at the same time,
and in the same manner, with the buildings as aforesaid; and also in
their furniture and other effects, all their lawful property, or in
their lawful possession at the time: And, in particular, the said
Barbara M’Kay in Ravigill, aforesaid, lost her door and door-posts, and
timber of her house and barn, her meal-chest, and several articles of
furniture, all her property, or in her lawful possession, which were
then and there destroyed, or caused to be destroyed, by you, the said
Patrick Sellar, as aforesaid; and the greatest part of the furniture,
and timber belonging to the said William Chisholm, together with three
pounds in bank notes, and a ridge of growing corn, all the property, or
in the lawful possession of the said William Chisholm, in Badinloskin,
aforesaid, were then and there destroyed by fire, and otherwise, by
you, the said Patrick Sellar. And you, the said Patrick Sellar, having
been apprehended and taken before Mr. Robert Mackid, Sheriff-Substitute
of Sutherland, did, in his presence, at Dornoch, on the 31st day
of May, 1815, emit and subscribe a declaration; which declaration,
together with a paper entitled “Notice given to the Strathnaver
tenants, 15 Dec., 1813,” being to be used in evidence against you, at
your trial, will be lodged in due time in the hands of the Clerk of the
Circuit Court of Justiciary, before which you are to be tried, that
you may have an opportunity of seeing the same: at least, time and
places above-mentioned, the said heath and pasture, was wickedly and
maliciously set on fire and burnt, or caused and procured to be set on
fire and burnt, to the great injury and distress of the said tenants
and others; and the said persons were violently turned, or caused and
procured to be turned, out of their habitations, and deprived of all
cover and shelter, to their great distress, and the imminent danger
of their lives; and the said Donald M’Beath and Margaret M’Kay were
culpably killed in manner above mentioned, or were cruelly turned out
of their habitations as aforesaid; and the said dwelling-houses, barns,
kilns, mills, and other buildings, lawfully inhabited and occupied
by the said persons, were maliciously set on fire, burnt, pulled
down, and demolished, or were caused and procured to be set on fire,
burnt, pulled down, and demolished, and the inhabitants and lawful
occupiers thereof turned out as aforesaid; and the greater part of
their different crops was lost or destroyed, from want of the usual
and necessary accommodation for securing and manufacturing the same;
and the growing corn, timber, furniture, money, and other effects,
the property, or in the lawful possession, of the said persons, were
wantonly set on fire, burnt, and otherwise destroyed or caused and
procured to be set on fire, burnt, and otherwise destroyed: And you,
the said Patrick Sellar, are guilty of the said crimes, or of one or
more of them, actor, or art and part. All which, or part thereof,
being found proven by the verdict of an assize, before the Lord
Justice-General, the Lord Justice-Clerk, and Lords Commissioners of
Justiciary, in a Circuit Court of Justiciary to be holden by them, or
by any one or more of their number, within the burgh of Inverness, in
the month of April, in this present year, 1816, you, the said Patrick
Sellar, ought to be punished with the pains of law, to deter others
from committing the like crimes in all time coming.