His Bloody Project

by Graeme Macrae Burnet

  ‘On a weekly basis.’

  ‘And you felt it necessary to do so?’

  ‘The boy needed disciplining.’

  ‘And did this discipline improve his behaviour?’

  ‘It did not.’

  Mr Sinclair then examined the papers in front of him and, after some consultation with his assistant, declined to ask any further questions.

  At this point, Mr Gifford requested that an alteration to the scheduled order of witnesses be made. The Lord Justice-Clerk made no objection and Allan Cruikshank was called.

  Mr Gifford commenced his examination of the witness. ‘Please state your occupation, Mr Cruikshank.’

  ‘I am factor to Lord Middleton of Applecross.’

  ‘And the village of Culduie constitutes part of Lord Middleton’s estate?’

  ‘It does.’

  ‘And, as such, you are responsible for the management of that village?’

  ‘I am responsible for the management of the estate. I am not concerned with the day-to-day matters in the villages.’

  ‘These would be matters for the village constable, would they?’

  ‘Indeed.’

  ‘And in the case of Culduie, this was Mr Lachlan Mackenzie?’

  ‘That is correct. He acted as constable for Culduie, Camusterrach and Aird-Dubh.’

  ‘These being the neighbouring villages?’

  ‘Yes.’

  ‘So in his capacity as constable to these communities you would have cause to meet with Mr Mackenzie and discuss their administration?’

  ‘We did meet, but not frequently.’

  ‘Did you direct him on the details of how the villages should be managed?’

  ‘We discussed the running of the villages in general terms, but I did not concern myself with the minutiae.’

  ‘“General terms” being what?’

  ‘The general upkeep of the road and by-ways, ensuring that tenants did not fall into arrears in their rent, that sort of thing.’

  ‘And did you find Mr Mackenzie to be competent?’

  ‘Mr Mackenzie was unquestionably the best constable that has served the estate under my tenure.’

  ‘You had confidence in his abilities?’

  ‘Great confidence, yes.’

  ‘Now, do you recall an occasion towards the end of July this year when Mr John Macrae and his son – the prisoner here – visited you?’

  ‘I do.’

  ‘Before this meeting, did you know Mr Macrae?’

  ‘No.’

  ‘Are you often visited by tenants from the estate?’

  ‘I am not. It was most irregular.’

  ‘Why is that?’

  ‘If a tenant wishes to discuss some matter related to the management of their village they should do so with their constable.’

  ‘In this case, Mr Mackenzie?’

  ‘Correct.’

  ‘Did you express this view to Mr Macrae?’

  ‘I did.’

  ‘And how did he respond?’

  ‘He told me that Mr Mackenzie was the subject of his visit.’

  ‘Could you elaborate?’

  ‘It appeared there existed some ill feeling between the two men, or at least that Mr Macrae felt he had been ill-used by Mr Mackenzie.’

  ‘Did you ask Mr Macrae why he felt this way?’

  ‘I did. He related some trifling incidents, but I am afraid I cannot recall the details.’

  ‘Nevertheless, it appeared to you that, rightly or wrongly, Mr Macrae harboured some grievance towards Mr Mackenzie?’

  ‘It appeared so.’

  ‘And what action did you take?’

  ‘I did not take any action. It was a matter of no concern to me.’

  ‘Did you inform Mr Mackenzie of what had occurred?’

  ‘I cannot recall.’

  ‘Did you see Mr Mackenzie between this meeting and the time of his death?’

  ‘I did.’

  ‘When did you see him?’

  ‘I saw him on the day of the summer Gathering.’

  ‘This was when?’

  ‘I believe it was the 31st of July.’

  ‘You spoke to him that day?’

  ‘Yes. We drank an ale at the inn in Applecross.’

  ‘I see. And can you recall if you mentioned this incident – the meeting with Mr Macrae and his son – to him?’

  ‘I believe I did.’

  ‘In what terms did you mention it?’

  ‘It was an amusing incident.’

  ‘Mr Mackenzie found it amusing?’

  ‘He appeared to.’

  Mr Gifford then concluded his questioning. The defence had no questions for this witness.

  Mr Macrae was then recalled and the evidence of the factor was put to him.

  ‘If, as you have testified, you felt no grievance towards the deceased,’ Mr Gifford enquired, ‘why did you feel the need to pay this visit to the factor and make these plaints against him?’

  At this point, the occupants of the public gallery, some of whom, wrote Mr Murdoch, ‘must have keenly felt the humiliation which was to be heaped on the crofter’, were quite hushed. Mr Macrae’s eyes darted about the court-room as though seeking some assistance. The Lord Justice-Clerk found it necessary to prompt him to answer.

  ‘I wished only to know better the regulations under which we lived.’

  ‘And you did not feel that this was a question you could direct to the deceased?’

  ‘No.’

  ‘Why was that?’

  After some moments of silence, he replied, ‘I was not on good terms with Mr Mackenzie.’

  ‘And you felt that he had acted in a vindictive manner towards you?’

  Mr Macrae made no response.

  Mr Gifford presumably feeling that he had made his point, moved on. ‘On Monday the 9th of August, the day before the murders took place, did you receive a letter?’

  ‘I did.’

  ‘Who was the letter from?’

  ‘From the factor.’

  ‘And what were the contents of the letter?’

  ‘It was a notice of eviction.’

  ‘You were to be put out of your house?’

  ‘Yes.’

  ‘How did you react to this letter?’

  Mr Macrae made a vague gesture with the hand which was not gripping his stick.

  Mr Gifford rephrased his question. ‘What did you propose to do about this notice?’

  ‘I did not propose to do anything.’

  ‘Did you intend to comply with the notice?’

  Mr Macrae looked at the advocate for some moments.

  ‘It was not up to me whether I complied with the notice,’ he said.

  ‘Who was it up to?’

  ‘The powers-that-be.’

  ‘Did you discuss this state of affairs with your son?’

  ‘I did not.’

  ‘Did you ever express the view that you would be better off if Mr Mackenzie was dead?’

  ‘No.’

  ‘Did your son ever express the view that you would be better off if Mr Mackenzie was dead?’

  ‘No.’

  ‘Did you put it to your son that he should kill Mr Mackenzie?’

  ‘No.’

  ‘Are you sorry that Mr Mackenzie is dead?’

  ‘It is no concern of mine.’

  At the end of this exchange, there was a collective exhalation of breath in the court-room. Mr Macrae was released from the witness box for a second time and, it was reported, refused the room at an inn which was offered to him, preferring to spend the night at the railway station, waiting for the train by which he would begin his journey home.

  Allan Cruikshank was then recalled. Mr Gifford aske
d him to remind the jury of his employment, before resuming his examination of the witness.

  ‘We have heard,’ he began, ‘that you met the deceased, Lachlan Mackenzie, at the Applecross inn on the 31st of July and that in the course of your conversation you mentioned the visit paid to you by John Macrae and his son, the prisoner here.’

  ‘That is correct.’

  ‘Did you see the deceased on any other occasion after this time?’

  ‘I did.’

  ‘What were the circumstances?’

  ‘Mr Mackenzie visited me at my home on the evening of the 7th of August.’

  ‘Three days before his death?’

  ‘Yes.’

  ‘And what was the reason for his visit?’

  ‘He petitioned me to order the eviction of John Macrae from his croft.’

  ‘On what grounds?’

  ‘There were a number of issues.’

  ‘These being?’

  ‘The Macrae family were greatly in arrears with their rent. They were further indebted to the estate on account of a number of fines raised against them –’

  ‘These fines having been raised by Mr Mackenzie?’

  ‘Yes.’

  ‘Can you recall the reason for raising these fines?’

  ‘I cannot. I believe they were large in number.’

  ‘Were there other factors?’

  ‘Mr Macrae had been negligent in his duty to properly maintain his dwelling and land. It was further felt that the Macraes’ continued presence was not conducive to the happy management of the village.’

  ‘In what way?’

  Mr Cruikshank was unable to answer this question. After some moments he mumbled, ‘They were felt to be a bad influence.’

  ‘Did you take any steps to verify this?’

  ‘I did not.’

  ‘Why not?’

  ‘I had every confidence in Mr Mackenzie’s judgement.’

  ‘Is it not the case that a large number of tenants on the estate are in arrears in their rents?’

  ‘Regrettably, yes.’

  ‘So why was Mr Macrae singled out in this way?’

  ‘His debts were of such an amount that they had become unmanageable. There was no prospect of him meeting them.’

  ‘The court has heard that in the previous year the extent of Mr Macrae’s croft had been reduced. Might it have been the case that had he had more land, he might have been able to sell any excess crops in order to meet his debts?’

  Mr Cruikshank replied, ‘I was not aware of any such reduction, but,’ he added, ‘you would have to sell a great deal of potatoes, or whatever these people grow, to tackle such arrears.’

  ‘You were not aware of the reduction in the size of Mr Macrae’s croft?’

  ‘No, sir.’

  ‘So it was carried out without your consent?’

  ‘Well, without my knowledge. I have no doubt Mr Mackenzie acted with the best motives.’

  ‘Would you have expected to be consulted on such a matter?’

  ‘As I say, I’m sure Mr Mackenzie acted out of the best motives.’

  ‘That is not what I asked. I asked if you would expect to be consulted on such a matter.’

  ‘I would expect to be consulted if it was to be a matter of a general re-allocation of land in the villages, but if this was a case of a small portion of a single croft, I’m sure it could be agreed between the villagers themselves. They are not children.’

  ‘Did Mr Mackenzie report an incident to you in which Mr Macrae had taken sea-ware from the shore without the proper authorisation?’

  Mr Cruikshank laughed at the suggestion and replied that he had not.

  ‘Were you aware that Mr Macrae was also indebted personally to Mr Mackenzie on account of compensation for the sheep killed by the prisoner?’

  ‘I was not.’

  ‘Had you been aware of these things,’ suggested Mr Gifford, ‘might you have suspected that there was an element of malice in Mr Mackenzie’s proposal to have Mr Macrae evicted?’

  Mr Cruikshank weighed his answer for some moments before replying, ‘I can only say that to my knowledge Mr Mackenzie carried out his duties as constable admirably. I had no reason to question his motives, and the evidence he presented supported his proposal.’

  ‘So you agreed with Mr Mackenzie’s assessment that he should be evicted?’

  ‘I could not see any other course of action.’

  ‘And you drew up the necessary papers?’

  ‘Yes.’

  ‘Immediately?’

  ‘Out of respect to the Sabbath the letter was drawn up and delivered on the following Monday.’

  ‘This being Monday the 9th of August, the day before Mr Mackenzie’s death?’

  ‘That is correct.’

  Mr Gifford thanked the factor for his evidence and, as Mr Sinclair had no questions, he was excused.

  The Reverend James Galbraith was then called. He was, Mr Murdoch reported, ‘every inch the staunch man of God that inhabits the remoter parts of our country and presides over his flock with unbending will. He was attired in the plain garb of his ilk, and it was manifest from his dour visage that he was untroubled by worldly pleasure. He looked upon Mr Gifford with the disdain he might reserve for a metropolitan dandy, and even the renowned advocate appeared to tremble a little beneath his gaze.’

  Mr Gifford: ‘You are minister to the parish of Applecross?’

  Mr Galbraith, with the ‘air of a teacher correcting a backward pupil’, replied, ‘My parish encompasses the villages of Camusterrach, Culduie and Aird-Dubh.’

  ‘And, as such, John Macrae and his family were among your parishioners?’

  ‘Yes.’

  ‘Indeed, John Macrae was an elder in your church?’

  ‘He was.’

  ‘Now, is it correct that Mr Macrae sent for you on the evening of the 9th of August?’

  ‘He did. He sent his daughter to ask if I would call on him that evening.’

  ‘And you did so?’

  ‘I did.’

  ‘And what was the reason for his request?’

  ‘He had received a notice of eviction from the factor.’

  ‘And how did you find Mr Macrae that evening?’

  ‘He was distressed.’

  ‘Did he ask for your help?’

  ‘He asked if I would intervene on his behalf.’

  ‘And did you agree to do so?’

  ‘I did not.’

  Mr Gifford affected an expression of surprise at this response. ‘Could you tell the court why you did not do so?’

  Mr Galbraith fixed the advocate with a withering stare. ‘It was not a matter with which I could involve myself.’

  ‘Surely the wellbeing of your parishioners is your concern?’

  ‘My concern is with my parishioners’ spiritual wellbeing. It is not for me to meddle in the management of the estate.’

  ‘I see. Did you offer any guidance at all to Mr Macrae?’

  ‘I reminded him that the tribulations of this life come to us in just payment for our sins and that he must accept them as such.’

  ‘But you offered him no practical advice as to how to deal with the situation in which he found himself?’

  ‘I led him in prayer.’ This brought a ripple of laughter from the gallery, which was rapidly quelled by a stern look from the preacher.

  Mr Gifford thanked the witness and resumed his seat.

  Mr Sinclair then rose for the defence.

  ‘Was the prisoner, Roderick Macrae, present during your visit?’

  ‘He arrived home as I was leaving.’

  ‘Did you converse with him?’

  ‘In the briefest terms.’

  ‘Did the prisoner attend your church?’


  ‘He did not.’

  ‘Had he ever attended your church?’

  ‘When he was a child.’

  ‘And he ceased attending when?’

  ‘I could not say with any certainty.’

  ‘One year ago or five years ago?’

  ‘Closer to one or two years ago.’

  ‘Would that be around the time of the death of his mother?’

  ‘Around that time.’

  ‘As you have stated that you are concerned with the spiritual wellbeing of your parishioners, can you tell the court what steps you took to persuade the prisoner to resume his attendance?’

  ‘It is not my role to compel parishioners to attend. I am not a whipper-in.’***

  ‘So you were not worried about his non-observance?’

  ‘A shepherd must concern himself with the wellbeing of his flock as a whole. If the flock contains black sheep, they must be cast out.’

  ‘And Roderick Macrae is a black sheep?’

  ‘We would hardly be gathered in this court-room if that were not the case.’

  The remark was, observed the wry Mr Philby, ‘likely the closest the stern Presbyterian had ever come to making a joke’.

  ‘Quite so,’ replied Mr Sinclair. ‘But if I may press you a little, what was it that so marked out Roderick Macrae?’

  ‘The boy is a malevolent individual.’

  ‘“Malevolent” is a strong word, Mr Galbraith.’

  The minister made no reply to this observation. Mr Sinclair tried again: ‘How did this malevolence manifest itself?’

  ‘Even as a child, the boy had no respect for the Lord’s House. He was shifty and inattentive to prayer. I once caught him relieving himself within the grounds of the church.’

  The Lord Justice-Clerk here struck his gavel to subdue the laughter that emanated from the gallery.

  ‘I see,’ said Mr Sinclair. ‘Would you say that you saw signs of madness in the prisoner?’

  ‘I would say that I saw signs of wickedness in him.’

  ‘What signs were these?’

  Mr Galbraith apparently did not think this question worthy of response. The judge instructed him to answer.

  ‘One need only to observe him. If it is not apparent to you, I would suggest that you are as Godless as he is, sir,’ he replied witheringly.

  Mr Sinclair smiled thinly at the witness. ‘I am only seeking your comments as an educated man about the temperament of the prisoner,’ he said.

  ‘My observation is that the boy is enslaved to the Devil, and if proof is required we need only look to the deeds he has committed.’