DONALD FARQUHARSON, in Glendee, married man, who being solemnly sworn,

purged of malice and partial council, and interrogate, depones, That in

summer one thousand seven hundred and forty-nine, Arthur Davies, late

serjeant in General Guise's regiment, was with a serjeant's command of

soldiers stationed in Dubrach, in Glendee, in Braemar, in

Aberdeenshire; and the Serjeant, with his wife, the preceding witness,

stayed in the house of Michael Farquharson, the deponent's father,

where the deponent also stayed: Depones, That the Serjeant was a sober

well behaving man, very civil to the country, and, so far as the

deponent knew, had the good-will of the country: That he was a good

manager of his money; and the deponent has seen with him a good deal of

gold, which he commonly kept in a long purse, either blue or green, the

deponent does not remember which, and he had also another purse, in

which he kept his silver: That he had a silver watch, with a seal

hanging at it, and silver buckles in his shoes, and knees of his

breeches: That the deponent has seen two vests with him, one with a

white stripe, and the other of a roe's skin; and that he had a set of

silver buttons for a vest, which he used with the one or other as he

had occasion: That he had also two rings, which he told the deponent

were gold, the one of them a large coarse ring, with a knob on the one

side of it, either of the shape of a seal or a heart, the deponent does

not remember which: Depones, That when Serjeant Davies went a-shooting

or fishing, he was commonly dressed in one of the above vests, and a

blue meet upper coat, or surtout, with highland brogues, which he had

purchased for the purpose, and had caused to be made so as to be tied

with silver buckles: Depones, That on the above gold ring with the

knob, there was upon the upper side of the knob some scores that the

deponent did not understand the meaning of: Depones, That the Serjeant

was wont frequently to take out his purse, either in paying or

receiving money, or some time even in playing with children; and that

when he went a-hunting or shooting, he always wore a laced hat, with a

silver button: Depones, That the last time the deponent saw him was on

Wednesday the twenty-seventh day of September, one thousand seven

hundred and forty-nine, the deponent having gone that day to the fair

at Kirkmichael, eighteen miles from his father's house, and did not

return till Saturday thereafter: Depones, That at his return, passing

by the house where the soldiers were quartered, one of them named

Patrick Ogilvie, asked the deponent whether he had seen Serjeant Davies

at the fair? and the deponent having answerd that he did not see him,

and that certainly he had not been there, or he would have seen him,

Ogilvie then said he was afraid of him, for that he had gone away upon

the Thursday to meet a patrol from Glenshee, and had not yet returned;

that they supposed he had gone with that patrol to the fair, but that

since he was not there, he suspected he had been murdered; and the

deponent never saw him alive since that time: Depones, That the captain

of that command to whom the Serjeant belonged, hearing that he was

amissing, sent a party of men on the Sunday to Dubrach to search for

his body, and went with them for three or four following days, but

without any success: Depones, That in the month of June seventeen

hundred and fifty, the deponent was told by the people in his father's

house, that Alexander Macpherson, alias M'Gillas, had been there

inquiring for him, and wanted much to see him, and desired the deponent

would go to his master's sheilling in Glenconie, about two miles'

distance from Dubrach, and that he wanted much to speak to him: That

after some days the deponent went to him, when Macpherson told him that

he was greatly troubled with an apparition, the ghost of the deceased

Serjeant Davies, who insisted that he should bury his bones; and that

he having declined to bury them, the ghost insisted that he should

apply to the deponent, saying that he was sure Donald Farquharson would

help to bury his bones: That the deponent could not believe that he had

seen such an apparition, upon which Macpherson desired him to go along

with him, and he would show him the bones, and the place where he had

found them: That the deponent went along with him, which he did the

rather that he thought it might possibly be true, and if it was, he did

not know but the apparition might trouble himself: Depones, That they

accordingly found the bones in a peat-moss, where peats had been casten

above ground, and near to the top of a hill: That the place was distant

from Dubrach between two and three miles, between Glenchristie and

Glenconie, and about half a mile from the road the patroling parties

commonly take from Dubrach to Glenshee: That the spot where the body

was lying had the surface of the ground entire, and no peats had been

casten there: That the flesh had been mostly consumed from the bones,

and the head separated from the body, and the hair lying by itself,

separated from the head; and depones, that the hair was of the same

colour with the Serjeant's hair, a mouse colour: That they also found

some blue cloth, all torn in rags, some of it under the body, and some

of it lying by the body; and it appeared to the deponent to be of the

same kind of cloth with that of the blue coat that the Serjeant

commonly wore when he went a-shooting: Depones, That the bones were not

all lying together, but were scattered asunder, particularly some of

the joints of his arms, and one of his legs; and that some of them were

scattered at the distance of several yards: Depones, That Macpherson

told him that when he first found the bones, which was about eight days

before, that they were lying farther off, under a bank, and he drew

them out with his staff: Depones, That they also found a pair of

brogues, which appeared to the deponent to be of the same kind with

what the Serjeant wore, only with this difference, that the taggs for

the buckles were cut away, which seemed to have been done with a knife:

Depones, That he asked Macpherson whether the apparition had told him

by whom he had been murdered: That Macpherson said he had asked the

question, and the apparition answered, that if he had not asked him, he

would have power to have told him: That the deponent also asked him if

the apparition had given him any orders about carrying his bones to a

churchyard: Depones, That Macpherson said he had given no answer, and

thereupon they agreed to bury him in that place; and accordingly they

dug a hole in the moss, with the shaft of a shovel that Macpherson had,

and buried the bones there, and laid a part of the blue cloth under the

bones, and a part of it above it, and covered all with some turfs that

they had tore up from the moss; and being showed a fusee, depones, that

one day the Serjeant and the deponent went out a-deer-hunting, and the

Serjeant, in loading his gun, which was either a French or a Spanish

piece, happened to put in a ball that was too large for the bore, so

that he could not, with the ram-rod, drive it down to the powder: That

the deponent advised him to go to his father's sheilling to get a

stronger ram-rod; but the Serjeant, being impatient to go about his

diversion, fired the fusee, and cracked the barrel about the middle;

and having examined the fusee now produced, observed that the barrel is

cracked about the same place, and, so far as appears to him, may be the

same barrel: Depones, That there appears to be some alterations made

upon the stock since the Serjeant had it: That the but was thicker than

it is now, and clad with iron at the end; and there was also another

ring for the keeping of the ram-rod, other than that now shown him:

Depones, That the gun was shown to the deponent on Wednesday last by

James Growar, son to Donald Growar in Glendee, who told him that he

found it in the hill in sight of Glenconie: Depones, That after

Serjeant Davies was killed or amissing as aforesaid, he saw yellow

rings on Elizabeth Downie's fingers, spouse to the prisoner, Duncan

Terig alias Clerk, one of which had a knob upon it, as Serjeant

Davies's ring also had, but does not remember the shape of either of

these knobs: Depones, That he asked her whether it was gold, and she

said it was: Depones, That he saw this ring upon Elizabeth Downie's

finger before she was married to the prisoner; but it was then reported

in the country that he was in suit of her for marriage, and has at

several times, before and since Serjeant Davies was amissing, seen

other yellow rings upon her fingers, but never saw the ring with the

knob upon her finger till after the Serjeant was amissing, nor never

saw it on her finger after she was married; and being asked whether it

did not strike him, when he saw the ring with the knob on it upon

Elizabeth Downie's hand, that it was Serjeant Davies's ring, Depones,

that it did not; and further depones, that he has known Elizabeth

Downie change her rings every other year: Depones, That after she was

married, the deponent asked her if she had a gold ring, and she

answered she never had one but one which was her mother's, which made

the deponent suppose that the said ring with the knob had been her

mother's; and depones, that the panel, her husband, was in prison when

he asked her this question: Depones, That at first there was a report

in the country that Serjeant Davies had deserted, then it was supposed

that he had been killed by the thieves, but last of all, the report

was, that he had been killed by the prisoners, and that has continued

to be the report of the country for these three years: And being asked

what he took to be the grounds of that report, Depones, that he took it

to be, that Macdonald, as Lord Bracco's forrester, had a warrant for

carrying guns for killing of deer, and he carried Clerk alongst with

him, and none other of the country had any warrant to carry arms; but

he heard that some of the people in the country suspected that the ring

with the knob that he had seen on Elizabeth Downie's finger was

Serjeant Davies's ring; and being interrogate as to the character of

the two panels, depones, that he has heard Clerk habite and repute a

sheep-stealer, but that he never heard any thing of Macdonald, but that

he once broke the chest of one Corbie, and took some money out of it:

Depones, That he never heard Clerk get the character of a good

deer-stalker, though he could shoot wild fowl: Depones, That Alexander

Macpherson, before mentioned, once served the deponent's father, and is

accounted an honest lad; but on the panel's interrogatory, Depones,

that he has been charged with telling of stories, and that all is not

to be believed that he says; though that is the general character, the

deponent knows no reason for it: Depones, That Duncan Clerk once

pursued his accusers before a Sheriff Court at Braemar, and freed

himself at that time, and, as he heard, got some mends of his accusers,

but what it was he knows not: That the only particular act of theft he

heard him accused of, was the stealing of a parcel of sheep from

Alexander Farquharson in Inverey, and which was the ground of the

process before mentioned before the Sheriff: Depones, That the Sabbath

before the Serjeant was amissing, a woman came to the deponent's

father's house, and told them that, coming through the hills, she had

seen four thieves in arms, who had separated fourteen of his father's

cattle, upon which the Serjeant, with a party, went in quest of them

immediately, but could find none of them, they having, it seems, gone

off and left the cattle: Depones, That upon the Friday, the

twenty-ninth of September, the corporal stationed at Glenshee met with

the deponent at the fair of Kirkmichael, while the deponent was buying

a pair of shoes, and he told the corporal that they were for Serjeant

Davies, and the corporal told him that he had parted with the Serjeant

the day before at the Water of Benow; the Serjeant, after that, was

going to the hill to get a shot of the deer; which Water of Benow is

about half a mile's distance from the place where the patrolling

parties used to meet: Depones, That the prisoner Clerk was a common

dealer in buying of sheep and cattle; and the deponent has seen him

both buying and paying the price, and his father was reputed one of the

richest tenants in Inverey's grounds. _Causa scientiae patet_; and this

is truth, as he shall answer to God.

(Signed) DONALD FARQUHARSON.

P. GRANT.

ALEXANDER M'PHERSON _alias_ M^CGILLAS, in Inverey, being solemnly

sworn, purged of malice and partial council, and interrogate, aged

twenty-six years, unmarried, Depones, That in summer one thousand seven

hundred and fifty, he found lying in a moss bank in the hill of

Christie, a human body, at least the bones of a human body, of which

the flesh was mostly consumed, and he believed it to be the body of

Serjeant Davies, because it was reported in the country that he had

been murdered in that hill the year before. That when he first found

this body, there was a bit of blue cloth upon it pretty entire, which

he took to be what is called English cloth; he also found the hair of

the deceased, which was of a dark mouse colour, and tied about with a

black ribbon: That he also observed some pieces of a stripped stuff,

and found also lying there a pair of brogues, which had been made with

latches for buckles, which had been cut away by a knife: That he, by

help of his staff, brought out the body, and laid it upon plain ground,

in doing whereof some of the bones were separated one from another:

Depones, That for some days he was in a doubt what to do, but meeting

with John Growar in the moss, he told John what he had found, and John

bid him tell nothing of it, otherways he would complain of the deponent

to John Shaw of Daldownie, upon which the deponent resolved to prevent

Growar's complaint, and go and tell Daldownie of it himself; and which

having accordingly done, Daldownie desired him to conceal the matter,

and go and bury the body privately, as it would not be carried to a

kirk unkent, and that the same might hurt the country, being under the

suspicion of being a rebel country: Depones, That some few days

thereafter, he acquainted Donald Farquharson, the preceding witness, of

his having seen the body of a dead man in the hill, which he took to be

the body of Serjeant Davies: That Farquharson at first doubted the

truth of his information, till the deponent having told him that a few

nights before when he was in bed, a vision appeared to him as of a man

clad in blue, who told the deponent, "I am Serjeant Davies;" but that

before he told him so, the deponent had taken the said vision at first

appearance to be a real living man, a brother of Donald Farquharson's:

That the deponent rose from his bed, and followed him to the door, and

then it was, as has been told, that he said he was Serjeant Davies who

had been murdered in the Hill of Christie, about near a year before,

and desired the deponent to go to the place he pointed at, where he

would find his bones, and that he might go to Donald Farquharson, and

take his assistance to the burying of him: That upon giving Donald

Farquharson this information, Donald went along with him, and finding

the bones as he informed Donald, and having then buried it with the

help of a spade which he the deponent had alongst with him: And for

putting what is above deponed upon out of doubt, Depones, that the

above vision was the occasion of his going by himself to see the dead

body, and which he did before he either spoke to John Growar,

Daldownie, or any other body: And further Depones, that while he was in

bed another night after he had first seen the body by himself, but had

not buried it, the vision again appeared naked, and minded him to bury

the body; and after that he spoke to the other folks above mentioned,

and at last complied, and buried the bones above mentioned: Depones,

That upon the vision's first appearance to the deponent in his bed, and

after going out of the door, and being told by it he was Serjeant

Davies, the deponent asked him who it was that had murdered him, to

which it made this answer, that if the deponent had not asked him, he

might have told him, but as he had asked him, he said he either could

not or would not, but which of the two expressions the deponent cannot

say; but at the second time the vision made its appearance to him, the

deponent renewed the same question, and then the vision answered, that

it was the two men now in the panel that had murdered him: And being

further interrogate in what manner the vision disappeared from him

first and last, Depones, That after the short interviews above

mentioned, the vision at both times disappeared and vanished out of his

sight in the twinkling of an eye; and that in describing the panels by

the vision above mentioned as his murderers, his words were, Duncan

Clerk and Alexander Macdonald: Depones, That the conversation betwixt

the deponent and the vision was in the Irish language: Depones, That

several times in the harvest before the Martinmas after seeing the said

vision, he was applied to by Duncan Clerk, the panel, then to enter

home to his service at that time, which accordingly he did, and staid

in his service just a year, and he being in the hill together with

Duncan Clerk, spying a young cow, desired the deponent to shoot it; and

tho Duncan did not bid him carry it home after it should be shot, yet

the deponent understood that to be the purpose, when Duncan desired him

to shoot it, and which the deponent refused to do, adding, that it was

such thoughts as these were in his head when he murdered Serjeant

Davies, upon which some angry expressions happened between Duncan and

the deponent; but when the deponent insisted upon it that he could not

deny the murder, Duncan fell calm, and desired the deponent to say

nothing of that matter, and that he would be a brother to him, and give

him every thing he stood in need of, and particularly would help him to

stock a farm when he took one; and the time of deponing, the deponent

exhibited a paper, which is marked on the back by the Lord Examiner,

the deponent averring he cannot write: And depones, That the said paper

was put in his hands by the said Duncan Clerk, who at the time told him

it was a premium of twenty pounds Scots to hold his tongue of what he

knew of Serjeant Davies: Depones, That while the deponent was in the

panel Duncan Clerk's service, and about Lammas seventeen hundred and

fifty-one, he showed to the deponent a long green silk purse, and that

he showed also to the deponent the contents which were in it, _viz._

sixteen guineas in gold, and some silver: And being interrogate what

was the occasion of showing this purse and money to the deponent,

Depones, it was one of two which he does not remember, either he had

come from Aberdeen with money, which he had got for his wool, or was

going to Badenoch to buy sheep: Depones, That he saw upon the finger of

Elizabeth Downie, the panel Duncan Clerk's wife, a yellow ring, which

she told him was gold, with a plate on the outside of it, in the form

of a seal, and that he saw it on her finger six or eight weeks before

her marriage; and that after her marriage, she having one day taken it

off her finger, he saw upon the inside of it a stamp, but what that

stamp is he does not know. And being interrogate, Depones, That he had

a suspicion that this ring was Serjeant Davies's ring, having heard it

reported in the country that Serjeant Davies had such a ring upon his

finger when he was murdered, but does not remember his having told his

suspicion to any body; and being further interrogate, depones, That

since the panel Duncan's imprisonment, the deponent was solicited by

Donald Clerk, the panel Duncan's brother, to conceal what he knew when

he came to give evidence; but this was after his having first solicited

the deponent to leave the country, that he might not give evidence, and

upon the deponent's saying he offered him nothing to leave the country

with; but then it was that Donald proposed his not giving true

evidence, adding, that of every penny Donald was worth, the deponent

should have the half; and being interrogate, at the desire of the Jury,

if ever he had asked payment of the twenty pounds contained in the

above-mentioned paper produced by him, Depones, That he once did,

shortly after the term of payment, to which Duncan answered, that it

would be as well to let it ly in his hands, to which he was satisfied,

and that he never asked payment of the annual rent; and being further

interrogate, Depones, that before the deponent went home to the panel's

service at Martinmas one thousand seven hundred and fifty, it was well

known and reported in the country that the bones of the dead body found

upon the above mentioned hill had been buried by the deponent and

Donald Farquharson, as also was the story of the vision or apparition

whereof the deponent had told Donald Farquharson; and being interrogate

for the panel, Depones, that he not only told the story of the vision

or apparition to Donald Farquharson, as above mentioned, but that he

also told it to John Growar and Daldownie before he mentioned it to

Donald Farquharson: Depones, That there were folks living with him at

the sheilling the time the vision appeared to him as above, but that he

told it to none of them; and adds, that Isobel M'Hardie, in Inveray, a

woman then in the sheilling with him, has told him since, that she saw

such a vision as the deponent has above described, and has told him

herself so much; and upon the panel's interrogatory, depones, that upon

the vision's appearing to him, it described the place where he would

find the bones so exactly, that he went within a yard of the place

where they lay upon his first going out: And this is the truth, as he

shall answer to God; and depones he cannot write.

(Signed) JA. FERGUSON.

Compeared Duncan Campbell, one of the captains of the City Guard of

Edinburgh, and was solemnly sworn, as he should answer to God, that he

should interrogate in the Irish language such of the witnesses as

should be afterwards adduced in this trial, as could not speak or

understand the English language, and reduce the depositions, as they

should emit the same, faithfully in the English language into writing.

(Signed) DUNCAN CAMPBELL.

JA. FERGUSON.

ISOBEL M'HARDIE in Inverey, who being solemnly sworn, purged of malice

and partial council, aged forty and upwards, married, examined and

interrogate: Depones, That one night about four years ago, when the

deponent was lying in one end of the shealling, and Alexander

M'Pherson, who was then her servant, lying in the other, she saw

something naked come in at the door, which frighted her so much that

she drew the clothes over her head: That when it appeared, it came in

in a bowing posture, and that next morning she asked M'Pherson what it

was that had troubled them the night before? to which he answered, she

might be easy, for that it would not trouble them any more. _Causa

scientiae patet._ And this is truth, as she shall answer to God. And

this deposition is subscribed by the said sworn interpreter.

(Signed) DUNCAN CAMPBELL.

JA. FERGUSON.

Compeared, JAMES MACDONALD in Allanquoich, solemnly sworn, purged of

malice and partial council, aged thirty-one years, married, examined

and interrogate: Depones, That it is about two or three years since

Clerk, the panel, was married to Elizabeth Downie, Alexander Downie's

daughter, and hearing it reported in the country, that he should have

said, that if his son-in-law had not killed Serjeant Davies, Serjeant

Davies would have killed him: That the deponent asked of Alexander

Downie, about lentron last, whether he had said so? and Alexander

Downie acknowledged to him that he had said so: And the deponent heard

that the occasion of this report in the country was, that Alexander

Downie being at a miln, some of the people there upbraided Alexander

Downie with his son-in-law Clerk, the panel, his having killed the said

Serjeant: And Downie said, as the deponent heard, what could his

son-in-law do, since it was in his own defence: Depones further, That

he saw upon Elizabeth Downie, Clerk's wife, her thumb, a yellow ring,

which he took to be gold; and this he saw after her marriage, having a

little knap upon it like into a seal, having scores or lines round

about it, and this he saw frequently upon her hand, which ring the

deponent suspected to be Serjeant Davies's ring, and it was so

suspected in the country. _Causa scientiae patet._ And this is the

truth: And says further, That Clerk the panel, was reputed to be guilty

of thieving in the country, but that he heard nothing to the prejudice

of M'Donald's character: And being interrogate for the panel, depones,

That he never heard Clerk the panel, guilty of any particular theft

except one of a parcel of sheep, from one Alexander Farquharson in

Inverey, about nine or ten years ago. All which is truth, as he shall

answer to God; and depones he cannot write.

(Signed) ALEX^R FRASER.

Compeared PETER M'NAB in Wester Micras, aged fifty-seven years,

solemnly sworn, purged of malice and partial council, examined and

interrogate: Depones, That it is now about four years ago, since he

heard it reported in the country, that the two men, Clerk and

Macdonald, the panels, were the people who murdered Serjeant Davies,

and a little time after Elizabeth Downie was married to Clerk the

panel: The deponent happened to be in Alexander Downie her father's

house, and then saw upon her finger a ring, pretty massy, having a lump

upon it pretty large; and the deponent got the ring into his hand, and

the lump appeared to the deponent to be something in the shape of a

heart: And the deponent asked Elizabeth Downie how she came by that

ring? to which she answered, that she had bought it from one James

Lauder, a merchant: The deponent replied, that he thought it was cheap

and worth more money, and that it was reported in the country, that the

said Elizabeth Downie was wearing rings of Serjeant Davies's, but he

never saw her have any but that one: And further adds, that he never

heard any other suspected of the murder of Serjeant Davies but the

panels, except once, that it was suspected to have been done by

caterers; and he also heard, for a twelvemonth after Serjeant Davies

was amissing, that he had deserted; nevertheless the general report or

belief of the country was, that the two panels had murdered him. _Causa

scientiae patet._ And this is the truth, as he shall answer to God.

(Signed) PETER MACNAB.

ALEX^R FRASER.

Compeared ISOBEL EGO, in Teantoul, aged eighteen years, or thereby,

solemnly sworn, purged of malice and partial council, examined and

interrogate by the sworn interpreter aforesaid, Depones, That about

four years ago she found upon the Hill of Christie a silver-laced hat,

with a silver-button on it; which hat she carried home to her master,

Alexander Macdonald in Inverey, and delivered it to him. _Causa

scientiae patet._ And this is the truth, as she shall answer to God; and

depones she cannot write. And this deposition is subscribed by the

foresaid sworn interpreter.

(Signed) DUNCAN CAMPBELL.

ALEX^R FRASER.

Compeared ALEXANDER MACDONALD, in Inverey, aged thirty years and

upwards, married; solemnly sworn, purged of malice and partial council,

examined and interrogate, Depones, That about four or five years ago,

after Serjeant Davies was amissing, his servant-maid, Isobel Ego, the

immediate preceding witness, being sent to the hills of Inverey to look

for some horses, when the said servant-maid returned, she told the

deponent's wife, as she told him, that she had come home richer than

she went out, having found in the hill a silver-laced hat: That his

wife, upon seeing the said hat, had no peace of mind, believing it to

be Serjeant Davies's hat, and desired it might be put out of her sight:

That the deponent, who was abroad, having come home, took the hat and

put it below a stone near to a burn which run by his shealling, where

his wife then was: That the hat was carried away from under the said

stone, but who it was that carried it off the deponent knows not.

_Causa scientiae patet._ And this is the truth, as he shall answer to

God; and depones he cannot write. And this deposition is signed by the

said sworn interpreter.

(Signed) DUNCAN CAMPBELL.

ALEX^R FRASER.

Trial of Duncan Terig, alias Clerk, and Alexander Bane Macdonald for the Murder of Arthur Davis, Sergeant in General Guise's Regiment of Foot · 第 2 / 4 段