Trial of Duncan Terig, alias Clerk, and Alexander Bane Macdonald

Donald Farquharson, in Glendee, married man, who being solemnly sworn, purged of malice and partial council, and interrogate, depones, That in summer one thousand seven hundred and forty-nine, Arthur Davies, late serjeant in General Guise's regiment, was with a serjeant's command of soldiers stationed in Dubrach, in Glendee, in Braemar, in Aberdeenshire; and the Serjeant, with his wife, the preceding witness, stayed in the house of Michael Farquharson, the deponent's father, where the deponent also stayed: Depones, That the Serjeant was a sober well behaving man, very civil to the country, and, so far as the deponent knew, had the good-will of the country: 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; and that he had a set of silver buttons for a vest, which he used with the one or other as he had occasion: That he had also two rings, which he told the deponent were gold, the one of them a large coarse ring, with a knob on the one side of it, either of the shape of a seal or a heart, the deponent does not remember which: 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; and that when he went a- hunting or shooting, he always wore a laced hat, with a silver button: Depones, That the last time the deponent saw him was on Wednesday the twenty-seventh day of September, one thousand seven hundred and forty-nine, the deponent having gone that day to the fair at Kirkmichael, eighteen miles from his father's house, and did not return till Saturday thereafter: Depones, That at his return, passing by the house where the soldiers were quartered, one of them named Patrick Ogilvie, asked the deponent whether he had seen Serjeant Davies at the fair? and the deponent having answerd that he did not see him, and that certainly he had not been there, or he would have seen him, Ogilvie then said he was afraid of him, for that he had gone away upon the Thursday to meet a patrol from Glenshee, and had not yet returned; that they supposed he had gone with that patrol to the fair, but that since he was not there, he suspected he had been murdered; and the deponent never saw him alive since that time: Depones, That the captain of that command to whom the Serjeant belonged, hearing that he was amissing, sent a party of men on the Sunday to Dubrach to search for his body, and went with them for three or four following days, but without any success: 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; and that he having declined to bury them, the ghost insisted that he should apply to the deponent, saying that he was sure Donald Farquharson would help to bury his bones: That the deponent could not believe that he had seen such an apparition, upon which Macpherson desired him to go along with him, and he would show him the bones, and the place where he had found them: That the deponent went along with him, which he did the rather that he thought it might possibly be true, and if it was, he did not know but the apparition might trouble himself: Depones, That they accordingly found the bones in a peat-moss, where peats had been casten above ground, and near to the top of a hill: That the place was distant from Dubrach between two and three miles, between Glenchristie and Glenconie, and about half a mile from the road the patroling parties commonly take from Dubrach to Glenshee: That the spot where the body was lying had the surface of the ground entire, and no peats had been casten there: That the flesh had been mostly consumed from the bones, and the head separated from the body, and the hair lying by itself, separated from the head; and depones, that the hair was of the same colour with the Serjeant's hair, a mouse colour: That they also found some blue cloth, all torn in rags, some of it under the body, and some of it lying by the body; and it appeared to the deponent to be of the same kind of cloth with that of the blue coat that the Serjeant commonly wore when he went a-shooting: Depones, That the bones were not all lying together, but were scattered asunder, particularly some of the joints of his arms, and one of his legs; and that some of them were scattered at the distance of several yards: Depones, That Macpherson told him that when he first found the bones, which was about eight days before, that they were lying farther off, under a bank, and he drew them out with his staff: Depones, That they also found a pair of brogues, which appeared to the deponent to be of the same kind with what the Serjeant wore, only with this difference, that the taggs for the buckles were cut away, which seemed to have been done with a knife: Depones, That he asked Macpherson whether the apparition had told him by whom he had been murdered: That Macpherson said he had asked the question, and the apparition answered, that if he had not asked him, he would have power to have told him: That the deponent also asked him if the apparition had given him any orders about carrying his bones to a churchyard: Depones, That Macpherson said he had given no answer, and thereupon they agreed to bury him in that place; and accordingly they dug a hole in the moss, with the shaft of a shovel that Macpherson had, and buried the bones there, and laid a part of the blue cloth under the bones, and a part of it above it, and covered all with some turfs that they had tore up from the moss; and being showed a fusee, depones, that one day the Serjeant and the deponent went out a-deer-hunting, and the Serjeant, in loading his gun, which was either a French or a Spanish piece, happened to put in a ball that was too large for the bore, so that he could not, with the ram-rod, drive it down to the powder: That the deponent advised him to go to his father's sheilling to get a stronger ram-rod; but the Serjeant, being impatient to go about his diversion, fired the fusee, and cracked the barrel about the middle; and having examined the fusee now produced, observed that the barrel is cracked about the same place, and, so far as appears to him, may be the same barrel: Depones, That there appears to be some alterations made upon the stock since the Serjeant had it: That the but was thicker than it is now, and clad with iron at the end; and there was also another ring for the keeping of the ram-rod, other than that now shown him: Depones, That the gun was shown to the deponent on Wednesday last by James Growar, son to Donald Growar in Glendee, who told him that he found it in the hill in sight of Glenconie: Depones, That after Serjeant Davies was killed or amissing as aforesaid, he saw yellow rings on Elizabeth Downie's fingers, spouse to the prisoner, Duncan Terig alias Clerk, one of which had a knob upon it, as Serjeant Davies's ring also had, but does not remember the shape of either of these knobs: Depones, That he asked her whether it was gold, and she said it was: Depones, That he saw this ring upon Elizabeth Downie's finger before she was married to the prisoner; but it was then reported in the country that he was in suit of her for marriage, and has at several times, before and since Serjeant Davies was amissing, seen other yellow rings upon her fingers, but never saw the ring with the knob upon her finger till after the Serjeant was amissing, nor never saw it on her finger after she was married; and being asked whether it did not strike him, when he saw the ring with the knob on it upon Elizabeth Downie's hand, that it was Serjeant Davies's ring, Depones, that it did not; and further depones, that he has known Elizabeth Downie change her rings every other year: Depones, That after she was married, the deponent asked her if she had a gold ring, and she answered she never had one but one which was her mother's, which made the deponent suppose that the said ring with the knob had been her mother's; and depones, that the panel, her husband, was in prison when he asked her this question: Depones, That at first there was a report in the country that Serjeant Davies had deserted, then it was supposed that he had been killed by the thieves, but last of all, the report was, that he had been killed by the prisoners, and that has continued to be the report of the country for these three years: And being asked what he took to be the grounds of that report, Depones, that he took it to be, that Macdonald, as Lord Bracco's forrester, had a warrant for carrying guns for killing of deer, and he carried Clerk alongst with him, and none other of the country had any warrant to carry arms; but he heard that some of the people in the country suspected that the ring with the knob that he had seen on Elizabeth Downie's finger was Serjeant Davies's ring; and being interrogate as to the character of the two panels, depones, that he has heard Clerk habite and repute a sheep-stealer, but that he never heard any thing of Macdonald, but that he once broke the chest of one Corbie, and took some money out of it: Depones, That he never heard Clerk get the character of a good deer-stalker, though he could shoot wild fowl: Depones, That Alexander Macpherson, before mentioned, once served the deponent's father, and is accounted an honest lad; but on the panel's interrogatory, Depones, that he has been charged with telling of stories, and that all is not to be believed that he says; though that is the general character, the deponent knows no reason for it: Depones, That Duncan Clerk once pursued his accusers before a Sheriff Court at Braemar, and freed himself at that time, and, as he heard, got some mends of his accusers, but what it was he knows not: That the only particular act of theft he heard him accused of, was the stealing of a parcel of sheep from Alexander Farquharson in Inverey, and which was the ground of the process before mentioned before the Sheriff: Depones, That the Sabbath before the Serjeant was amissing, a woman came to the deponent's father's house, and told them that, coming through the hills, she had seen four thieves in arms, who had separated fourteen of his father's cattle, upon which the Serjeant, with a party, went in quest of them immediately, but could find none of them, they having, it seems, gone off and left the cattle: Depones, That upon the Friday, the twenty-ninth of September, the corporal stationed at Glenshee met with the deponent at the fair of Kirkmichael, while the deponent was buying a pair of shoes, and he told the corporal that they were for Serjeant Davies, and the corporal told him that he had parted with the Serjeant the day before at the Water of Benow; the Serjeant, after that, was going to the hill to get a shot of the deer; which Water of Benow is about half a mile's distance from the place where the patrolling parties used to meet: Depones, That the prisoner Clerk was a common dealer in buying of sheep and cattle; and the deponent has seen him both buying and paying the price, and his father was reputed one of the richest tenants in Inverey's grounds. Causa scientiæ patet; and this is truth, as he shall answer to God.

Alexander M'Pherson alias M^cGillas, 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 above, 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.