The jury was composed of the following gentlemen:--

James Fraser, of Belladrum.

William Fraser, of Culbockie.

William Mackintosh, of Balnaspeck.

Duncan Fraser, of Fingask.

Alexander Smith, merchant in Inverness.

John Gillanders, of Highfield.

William Reid, of Muirtown.

William Mackenzie, of Strathgarve.

George Falconer Mackenzie, of Allangrange.

Robert Denham, tacksman of Dunglass.

George Kay, residing at Tannachy.

Bailie Robert Joss, merchant in Elgin.

John Barclay, writer, Elgin.

John Collie, farmer at Alvas.

John Smith, tacksman of Greens.

Evidence for the prosecution and for the defence having been led at

considerable length,

Mr. Drummond addressed the jury on the part of the Crown. He stated

that he gave up all the charges except the one which regarded the

ejections from the barns, and that of real injury in the case of the

old woman at Badinloskin. He certainly did not think the evidence in

this case last was sufficient to establish culpable homicide; but he

argued, that the circumstances proved were sufficient to authorise the

jury in finding a verdict of guilty to the extent of an injury, as

she had been removed at the risk of her life, which he maintained to

be contrary to law. As to the barns, he contended that the conduct of

Mr. Sellar was irregular and illegal, and consequently oppressive, the

outgoing tenants being entitled, by the custom of Sutherland, to retain

them as long as the arable land.

Mr. Gordon addressed the jury on the part of the panel, and replied

to the arguments used on behalf of the prosecution. He entered at

great length into the history and objects of the prosecution; the

preconcerted plan on which certain persons had instigated the people

of Strathnaver to complain at first, and to persist afterwards; the

views they entertained of successfully opposing the improvements

of Sutherland, by affecting the noble persons to whom the property

belonged, through the sides of Mr. Sellar, as a convenient medium

of succeeding; the disgraceful measures to which these persons

had resorted, with a view to affect the channels of justice, the

impartiality of jurymen, and the purity of evidence. He attacked the

measures and conduct of Mr. Mackid in the most pointed terms; exposed

the characters of the evidence of Chisholm and others, and dwelt in the

clear evidence of the total innocence of Mr. Sellar, and on the points

of law which applied to the particular charges as criminal charges, at

considerable length, and with reference to various law authorities;

and finally, concluded by maintaining to the jury, that this was not

merely the trial of Mr. Sellar, but, in truth, a conflict between the

law of the land and a resistance to that law: That the question at

issue involved the future fate and progress of agricultural, and even

moral improvements, in the county of Sutherland; that (though certainly

not so intended by the Public Prosecutor, whose conduct throughout has

been candid, correct, and liberal), it was nevertheless, in substance,

and in fact, a trial of strength between the abettors of anarchy and

misrule, and the magistracy, as well as the laws of this country.

Lord Pitmilly, after having stated the law as applicable to this case,

summed up the evidence in a very clear and able manner. His lordship

stated, that it was unnecessary for the jury to consider any of the

charges, excepting the one in regard to the old woman at Badinloskin.

As to the first, there could be no doubt of the practice in the

country, of retaining these barns till the crops would be threshed out;

neither could it be doubted, that Mr. Sellar had not left the whole of

the barns for the use of the outgoing tenants, and in consequence of

this, the tenants suffered damage. But _in point of law_, as the Court

of Session had decided in a similar question, Mr. Sellar was not bound

by any such practice, but was entitled to proceed in the ejections.

In regard to the injury charged to have been done to Margaret M’Kay,

his Lordship directed the attention of the jury to the evidence of

Chisholm. This witness, although contradicted in some particulars by

his wife, was confirmed by John M’Kay, whose testimony his Lordship

also laid before them. On the other hand, he brought under their view,

the evidence of Sutherland, Fraser, and Burns, and stated that it was

the duty of the Jury to balance betwixt these two sets of witnesses.

His Lordship also said, that if the jury were at all at a loss on this

part of the case, they ought to take into view the character of the

accused; for this was always of importance in balancing contradictory

testimony. Now here there was, in the _first_ place, real evidence,

from the conduct of Mr. Sellar, in regard to the sick, for this, in

several instances, had been proved to be most humane. And _secondly_,

there were the letters of Sir George Abercromby, Mr. Brodie, and Mr.

Fenton, which, _although not evidence_,[11] must have some weight

with the jury; and there were the testimonies of Mr. Gilzean and Sir

Archibald Dunbar--all establishing Mr. Sellar’s humanity of disposition.

[11] The italics are mine.--ED.

The jury having retired for a quarter of an hour, returned a _viva

voce_ verdict, unanimously finding Mr. Sellar NOT GUILTY.

Lord Pitmilly observed that his opinion completely concurred with that

of the jury, and in dismissing them after so long a trial, he was happy

to say they had paid the most patient attention to the case, and had

returned a verdict satisfactory to the Court.

The verdict having been recorded,

The Advocate-Depute declared that he thought it fair to the panel, and

that it would be satisfactory to the jury, to state his conviction,

that if those witnesses who were rejected on account of errors in their

designations, had been examined, the result of the trial would have

been the same.

Lord Pitmilly then addressed Mr. Sellar.

His Lordship said, “Mr. Sellar, it is now my duty to dismiss you from

the bar; and you have the satisfaction of thinking, that you are

discharged by the unanimous opinion of the jury and the Court. I am

sure that, although your feelings must have been agitated, you cannot

regret that this trial took place, and I am hopeful it will have due

effect on the minds of the country, which have been so much, and so

improperly agitated.”

The Court then pronounced an interlocutor, in respect of the verdict of

the assize, assoilzieing the panel _simpliciter_, and dismissing him

from the bar.

The trial lasted from ten o’clock on Tuesday till one o’clock on

Wednesday morning, and the Court-room was crowded to excess.

_ROSS-SHIRE._

The History of the Highland Clearances Second Edition, Altered and Revised · 第 29 / 87 题