DONALD DOWNIE, at the miln of Inverey, aged thirty years or thereby;

solemnly sworn, purged of malice and partial council, by the sworn

interpreter aforesaid, and by him interrogate, Depones, That he was

loading his horse with corn, to be carried into the barnyeard at the

miln of Inverey, upon that day that Serjeant Davies was amissing: That

between the midday and sunset he heard three gunshots, but cannot tell

from what particular place the sound came: That the three shots were

pretty near one another, and all within less than a quarter of an hour.

Depones, That the Hill of Christie, libelled, is about a mile's

distance to the entrance thereof from the place where he then was, and

that it will be at least three miles from there to the place where the

bones were found. Depones, That he was told that Isobel Ego, a

preceding witness, found a hat in the Hill of Christie, which she

brought home and delivered to her master: That he heard her master hid

it at the Burnside, under a stone: That some time thereafter some of

the bairns of Inverey found the said hat, and brought it to his the

deponent's father's house, where he saw it; and the hat libelled being

shown to him, depones, he having inspected it, That it is the same hat

which was so brought to his father's house, and pointed out the letters

D. A. thereon at deponing, and that he himself delivered the said hat

to James Small, factor on the estate of Strowan. _Causa scientiae

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

(Signed) DONALD DOWNIE.

ALEX^R FRASER.

JOHN COOK, barrackmaster at Braemar Castle, aged thirty years and

upwards, _solutus_, solemnly sworn, purged of malice and partial

council, examined and interrogate, Depones, That the hat libelled now

shown to him, was delivered by Donald Downie, the preceding witness, to

James Small, before designed, at the house of one Charles, in

Castletown of Braemar, and was delivered to the said deponent by Mr

Small, to be kept by him till it should be called for; and that he

brought it along with him to town, and he knows it to be the same by

the letters D. A. which he often observed thereon, and now at deponing:

Depones, That after Serjeant Davies was amissing, a report sprung up,

that one Levingston, a soldier, having a prejudice at him, had murdered

him; but, upon enquiry, it being found, who had had leave of absence,

returned to the garrison the afternoon of that day on which the

Serjeant was amissing; the report thereon ceased, and about ten days

thereafter it was reported that the Serjeant had been murdered by two

young men about Inverey. And about a year and a half after the Serjeant

had been amissing, he heard Duncan Clerk the panel named as one of

them, but never heard any thing of Alexander Macdonald, the other

panel, till he was committed prisoner to the Castle of Braemar in

September last. _Causa scientiae patet._ And this is the truth, as he

shall answer to God.

(Signed) JOHN COOK.

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 God. 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 God.

(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 knob 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 knob was bigger above and smaller

below, and shaped something like a heart. _Causa scientiae patet._ And

this is truth, as she shall answer to God. 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 God.

(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 passed 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 pass

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 God. 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 God.

(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

God. 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 God.

(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 God. 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 God. 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 God. 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

petition 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 brass 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 God.

(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

God. 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

God. 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 assize 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.

_CURIA JUSTICIARIA S. D. N. Regis tenta in Nova Sessionis Domo

Burgi de Edinburgh, Duodecimo die Mensis Junij, 1754, per

honorabiles viros Carolum Areskine de Alva, Justiciarium Clericum,

Dominum Gilbertum Elliot de Minto, Magistros Alexandrum Fraser de

Strichen, Patricium Grant de Elchies, et Hugonem Dalrymple de

Drummore, Commissionarios Justiciarios dict. S. D. N. Regis._

_Curia legittime affirmata._

INTRAN.

DUNCAN TERIG _alias_ CLERK, and ALEXANDER BAIN MACDONALD,--Panels.

Indicted and accused as in the former Sederunt.

The persons who past upon the assize of the said panels, returned

their verdict, in presence of the saids Lords, whereof the tenor

follows:

AT EDINBURGH, the twelfth day of June, one thousand seven hundred

and fifty-four years.

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 3 / 4 段