Walter Scott

“ At least time and place aforesaid, the said Arthur Davies was murdered or bereaved of his life, and they, and each of them, or one or other of them, are guilty, actor or art and part of the said murder, aggravated as above set furth; all which, or part thereof, being found proven by the verdict of an Assize, before the Lords Justice General, Justice Clerk, and Commissioners of Justiciary, he, the said Duncan Terig alias Clerk, and Alexander Bain Macdonald, ought to be punished with the pains of law, to the terror of others to commit the like in time coming. ”

“ 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. ”

“ 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 ”

“ 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 ”

“ 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. ”

“ Depones, That her husband never returned; that she has never met with any body that saw him after the party returned from the foresaid place, excepting the corporal that that day commanded the party from Glenshee, who told her that, after the forementioned party from Dubrach had gone away from the foresaid appointed place, Serjeant Davies came up to him all alone, upon which the corporal told him, he thought it was very unreasonable in him to venture upon the hill by himself, as for his part he was not without fear even when he had his party of four men along with him ”

“ 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 scientiæ patet. ”

“ Although the giving information concerning the unfair manner in which they were dismissed from life, is popularly alleged to have been a frequent reason why departed spirits revisit the nether world, it is yet only in a play of the witty comedian, Foote, that the reader will find their appearance become the subject of formal and very ingenious pleadings. ”

“ That one day when he was dressing some hooks while the deponent was by, she observed that he was cutting his hat with his penknife, and she went towards him, and asked him what he meant by cutting his hat? To which he answered, that he was cutting his name upon it: To which the deponent replied, she could not see what he could mean by putting his name upon a thing of no value, and pulled it out of his hand in a jocular way, but he followed her, and took the hat from her, and she observed that the A. was then cut out in the hat ”

“ 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 ”

“ 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 ”

“ 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 ”

“ 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 ”

“ That the two parties did meet twice a-week in patrol, about half way between the foresaid two places: That her husband was a keen sportsman, and used to go out a-shooting or fishing generally every day; and when he went along with the party on patrol, sent the men home and followed his sport ”