NOTE A. (See Page 115.)

The following pertinent observations appeared in the _Dundee

Advertiser_, of 10th January, 1914. They are from the pen of a notable

Dundee lawyer, Mr. John Walker, who has made a special study of the

legal aspects of the Highland Clearances:--

At the time of Patrick Sellar’s trial the ruthless evictions carried

out by the Stafford family had been so long in process of execution

that no one had the slightest doubt of the facts of these taking

place. The question tried was not whether they took place, but whether

they were carried out, in one particular instance, in such a way as

to directly cause the death of Donald M’Beath and Janet M’Kay, two

helpless, old, bedridden people. The trial took place at Inverness.

Of the 15 jurors 8 were landed proprietors, and the rest were mostly

either factors or those interested in factors. The most of the

witnesses for the prosecution were evidently terrified to say one word

against the accused. When Sellar was arrested, he emitted a declaration

which was put in evidence at the trial, and, to be strictly fair,

I shall confine myself to that. The gist of it is as follows:--In

December, 1813, the crofting lands were advertised to let, and at the

set, where apparently the lands were disposed of to sheep farmers,

a paper was read that the removed tenants would get allotments “in

the lower part of the county.” “That Lord and Lady Stafford directed

the declarant (Sellar) to offer at the set for any farm he chose a

few pounds beyond the highest offerer; and they directed Mr. Young

on his so offering to prefer him.” That thus Sellar got possession

of the farms of Rhiloisk and Rossal. That in April, 1814, decrees of

removing were got against all the tenants on these farms. That the

ejections were carried out in June, 1814, and “that his directions to

the officers were that they should lawfully eject the tenants, and

that after ejecting ... they should remove the roof of every house

in Rhimsdale excepting those occupied by families, wherein sickness

was mentioned to have been.” That he was present at the first part

of the ejections (of the towns of Garvault, Ravigill, Rhiphail, and

Rhiloisk), but after they had ejected from a few houses and had

unroofed these the tenants of the others “in the neighbourhood yielded

obedience to the warrant, and removed themselves.” “Interrogated. If

the declarant’s orders to the officer and party were not to throw down

the couples and timber of the different dwelling-houses, barns, kilns,

and sheep cots? Declares that the declarant directed the officers ...

to remove the tenants’ property and effects from the premises; and

thereafter to unroof the huts to prevent them from retaking possession

after the declarant should leave that part of the county.” Sellar

himself admitted burning only in one case. The proceedings from a

judicial aspect were largely a farce, as can be judged from the fact

that the first evidence adduced for the defence consisted of written

certificates from three landed proprietors, who did not appear, as to

“Mr. Sellar’s character for humanity,” and that these certificates,

although not evidence, were founded on in Lord Pitmilly’s charge to the

jury. But the important thing is that Sellar’s declaration implicates

Lord and Lady Stafford as being by their own instructions the direct

instruments of putting this tyrannical under-factor in the position of

rendering homeless some hundreds of their helpless tenants. The little

crofts were made into large sheep farms, which were advertised to let

to the highest offerer, and the exposure was a farce, because the

Sutherland family had personally arranged that Sellar was to be allowed

to cap the highest offer. One would require a double-power microscope

to see the noble philanthropy of that transaction! I have extracted

the above summary from the report of the trial, which was prepared and

circulated by Sellar’s own junior counsel.

On the other hand, the stories yet told in Sutherland represent a much

harsher state of matters. I personally have talked with men whose

fathers were as young children turned out on the hillside to see their

little cottages burned to the ground, and I have had pointed out to me

the sites of these same cottages and crofts, where now there is nothing

but miles and miles of dreary waste; and this did not happen in one or

two instances, but in the whole of Strathnaver, Strathbrora, and many

other places in all parts of the county.

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