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d adjacent to that which is now the property of the Earl of Fife. A more waste tract of mountain and bog, rocks and ravines, extending from Dubrach to Glenshee, without habitations of any kind until you reach Glenclunie, is scarce to be met with in Scotland. A more fit locality, therefore, for a deed of murder, could hardly be pointed out, nor one which could tend more to agitate superstitious feelings. The hill of Christie, on which the murder was actually committed, is a local name, which is probably known in the country, though the Editor has been unable to discover it more specially, but it certainly forms part of the ridge to which the general description applies. Davis was attached to the country where he had his residence, by the great plenty of sport which it afforded, and, when dispatched upon duty across these mountains, he usually went at some distance from his men, and followed his game without regarding the hints thrown out about danger from the country people. To this he was exposed, not only from his being intrusted with the odious office of depriving the people of their arms and national dress, but still more from his usually carrying about with him a stock of money and valuables, considerable for the time and period, and enough of itself to be a temptation to his murder.

On the 28th day of September, the Sergeant set forth, along with a party, which was to communicate with a separate party of English soldiers at Glenshee; but when Davis's men came to the place of rendezvous, their commander was not with them, and the privates could only say that they had heard the report of his gun after he had parted from them on his solitary sport. In short, Sergeant Arthur Davis was seen no more in this life, and his remains were long sought for in vain. At length a native of the country, named M'Pherson, made it known to more than one person that the spirit of the unfortunate huntsman had appeared to him, and told him he had been murdered by two Highlanders, natives of the country, named Duncan Terig alias Clerk, and Alexander Bane Macdonald. Proofs accumulated, and a person was even found to bear witness, that lying in concealment upon the hill of Christie, the spot where poor Davis was killed, he and another man, now dead, saw the crime committed with their own eyes. A girl whom Clerk afterwards married, was, nearly at the same time, seen in possession of two valuable rings which the Sergeant used to have about his person. Lastly, the counsel and agent of the prisoners were convinced of their guilt. Yet, notwithstanding all these suspicious circumstances, the panels were ultimately acquitted by the jury.

This was chiefly owing to the ridicule thrown upon the story by the incident of the ghost, which was enhanced seemingly, if not in reality, by the ghost-seer stating the spirit to have spoken as good Gaelic as he had ever heard in Lochaber.--"Pretty well," answered Mr M'Intosh, "for the ghost of an English sergeant!" This was indeed no sound jest, for there was nothing more ridiculous, in a ghost speaking a language which he did not understand when in the body, than there was in his appearing at all. But still the counsel had a right to seize upon whatever could benefit his clients, and there is no doubt that this observation rendered the evidence of the spectre yet more ridiculous. In short, it is probable that the ghost of Sergeant Davis, had he actually been to devise how to prevent these two men from being executed for his own murder, could hardly have contrived a better mode than by the apparition in the manner which was sworn to.

The most rational supposition seems to be, that the crime had come to M'Pherson, the ghost-seer's knowledge, by ordinary means, of which there is some evidence, but desiring to have a reason for communicating it, which could not be objected to by the people of the country, he had invented this machinery of the ghost, whose commands, according to Highland belief, were not to be disobeyed. If such were his motives, his legend, though it seemed to set his own tongue at liberty upon the subject, yet it impressed on his evidence the fate of Cassandra's prophecies, that, however true, it should not have the fortune to be believed.

ABBOTSFORD, 18th March, 1830.

TRIAL OF

DUNCAN TERIG ALIAS CLERK, AND ALEXANDER BAIN MACDONALD,

FOR THE MURDER OF

ARTHUR DAVIES, SERJEANT

IN GENERAL GUISE'S REGIMENT OF FOOT.

TRIAL OF

DUNCAN TERIG ALIAS CLERK,

AND ALEXANDER BAIN MACDONALD.

INTRAN.

PURSUERS.

WILLIAM GRANT, of Prestongrange, Esq., His Majesties Advocate.

Mr PATRICK HALDANE, and Mr ALEXANDER HOME, both His Majesties Solicitors.

Mr ROBERT DUNDAS, Advocate.

PROCURATORS in defence.

Mr ALEXANDER LOCKHART, Mr ROBERT M'INTOSH, Advocates.

The Libel being openly read in Court, and the panels interrogate thereupon, they both denied the same, and referred their defences to their Lawiers.

LOCKHART, &c., for the panel, denying the libel, or any guilt or accession of the panels to the murder charged, pled that the panels were persons of good fame and reputation, and that as no cause of malice in them against Serjeant Davies was alleged, so the circumstances founded on in the indictment, though they were true, were not in any sort sufficient to infer a proof of the panels' guilt. And further, the panels would be able to prove a true and warrantable cause for going to the hill libelled on in arms, and that they went openly and avowedly; and that in the circumstances they were in, it was impossible they could have any wicked design against, or expect to have an opportunity of executing such a design against Serjeant Davies: That they were not so much as suspected of murdering him at the time of his being amissing, or for several months thereafter, when many different accounts were given, and suspicions raised and entertained concerning that matter. THEY also objected and alleged for the panels, that as murder was the only crime charged against them in this indictment, no vague or general allegation of robbery, or other crime or accusation against their characters, could be allowed to go to the knowledge of an assize, though they were noways apprehensive of the consequences of it, other than from the false and malicious reports, raised and propagated against them, since their commitment for the foresaid crime; and the panels had great reason to complain of the undue delays in bringing them to trial for this offence: In so far as, after they were committed for the same in September last, and had taken out letters of intimation, and upon expiry of the days, had also obtained letters of liberation, they were again committed upon a new warrant for alleged theft, upon which new commitment they raised new letters of intimation, and when the sixty days were just expiring, they were served with an indictment for the theft, which was fixed to within a few days of the expiry of the forty days allowed by law, and then allowed to drop; and after all, there was again a new warrant of commitment obtained against them for wearing the Highland dress; and last of all they were served with this indictment; all which steps plainly show the oppression they have met with, which the panels do by no means lay to the charge of the prosecutor, but are willing to allow the same to be owing to the malicious information of some private informer, which they hope to be able to make appear if they were allowed an exculpatory proof, and that very undue means had been used both before and since the citation of the witnesses to influence them to give evidence against the panels in this matter; and the panels, amongst many other things for their exculpation, would be able to prove, that after they returned from the hill upon the day upon which the Serjeant is said to have been murdered, he, the Serjeant, was seen with his party in that hill. So that it is impossible the panels could be the perpetrators of the murder.

LORD ADVOCATE, &c., answered, that as the defence resolved altogether into a denial of the libel, it was sufficient for him to say, that according to the information he had received, such facts and circumstances would come out upon proof as would be sufficient to convince the Jury of the panels' guilt: That it was not meant that the circumstances libelled were sufficient without others to connect with them, the only intention of libelling upon these circumstances being to show the panels what written evidence was to be adduced against them: That he does not oppose the panels being allowed a proof of every fact and circumstance that may tend to their exculpation: That as to the delay complained of, the prosecutor can for himself say, that it is owing to no intention of his to oppress the panels; he had early information of the murder charged upon, and was very willing and desirous it might come to light. The panels were at last accused and committed for it, by the general voice of the country; and though at first the proof against them did not appear so pregnant, yet it was hoped, and was the general expectation of all in that part, that the murder would be brought to light. This was the reason of continuing the panels in confinement. And now that the prosecutor was ready to go on to trial, he hoped their Lordships would find the indictment relevant, and remit the panels to the knowledge of an assize, allowing them at the same time a proof of every circumstance that may appear necessary for their exculpation.

The Lords continue the diet at the instance of his Majesties Advocate, against the said two panels, till to-morrow at seven o'clock in the morning, and witnesses and assizers then to attend, each under the pain of law, and the panels to be carried back to prison.

INTRAN.

The Lords proceeded to make choice of the following persons to pass upon the assize of the said Duncan Terig alias Clerk, and Alexander Bain Macdonald; to wit,--

Archibald Wallace, merchant in Edinburgh. William Tod, senior, merchant there. Andrew Bonnar, merchant there. Robert Forrester, merchant there. Walter Hogg, merchant there. Alexander Crawford, baker in Edinburgh. John Heriot, candlemaker there. John Sword, merchant there. William Ormiston, bookbinder there. William Braidwood, candlemaker. William Sands, bookseller in Edinburgh. John Dalgleish, watchmaker there. George Gray, merchant there. John Welsh, goldsmith there. James Gilliland, goldsmith there.

The above assize all lawfully sworn, and no objection to the contrary--

The panels and their procurators admitted the two judicial declarations libelled on, were emitted by them, before the two Judges therein named; and the said panels both now judicially adhere to the same, with this variation for Alexander Bain Macdonald, that it was a mistake in his said declaration, where it is said, that he went home to the house in Allanquoich, where he staid that night, and did not see Duncan Clerk any more that day after they parted on the hill, the true fact being, that he did not go home to the house in Allanquoich where he resided, till the night thereafter, and in the evening of that night went to the house of Duncan Clerk's father, where he found Duncan Clerk, and staid all night, and that the reason of his former mistake was, that he by himself went again to the hills upon the twenty-ninth in quest of the deer which he had wounded the preceding day, and returned to his own house the evening of the said twenty-ninth; and this admission is signed by the said Duncan Clerk, and by Mr Alexander Lockhart, procurator for the other panel, who declares he cannot write.

Thereafter, His Majesty's Advocate for proof adduced the following witnesses; viz.--

CH. ARESKINE.

DONALD FARQUHARSON. P. GRANT.

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.

DUNCAN CAMPBELL. JA. FERGUSON.

DUNCAN CAMPBELL. JA. FERGUSON.

ALEX^R FRASER.

PETER MACNAB. ALEX^R FRASER.

DUNCAN CAMPBELL. ALEX^R FRASER.

DUNCAN CAMPBELL. ALEX^R FRASER.

DONALD DOWNIE. ALEX^R FRASER.

JOHN COOK. HEW DALRYMPLE.

DUNCAN CAMPBELL. HEW DALRYMPLE.

DUNCAN CAMPBELL. HEW DALRYMPLE.

DUNCAN CAMPBELL. HEW DALRYMPLE.

JOHN GREWER. HEW DALRYMPLE.

DUNCAN CAMPBELL. HEW DALRYMPLE.

DUNCAN CAMERON. GILB. ELLIOT.

DUNCAN CAMPBELL. GILB. ELLIOT.

LAUCHLAN M'INTOSH. GILB. ELLIOT.

DUNCAN CAMPBELL. ALEX^R FRASER.

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