Trial of Duncan Terig

by Walter Scott

  (Signed)

  Donald Farquharson.

  P. Grant.

  Alexander M'Pherson alias McGillas, 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 a
bove, 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 scientiæ 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 scientiæ 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 scientiæ 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 scientiæ 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 scientiæ 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.

  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 point
ed 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 scientiæ patet. And this is the truth, as he shall answer to God.

  (Signed)

  Duncan Campbell.

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