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

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.

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.

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.

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.

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.

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.

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 pointed 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.

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.

Compeared John Grant, in Altalaat, aged forty years and upwards, married, solemnly sworn, purged of malice and partial council, examined and interrogate: Depones, That both the panels lodged in his house upon the night of the twenty-seventh of September, one thousand seven hundred and forty-nine: That next morning they breakfasted, after the sun rising, with him; and as he was going to a Michaelmas fair, when he came out of his house, he looked and saw the two panels at his door, each having a gun in his hand, and they told him that they intended to go a deer hunting, but did not mention to what place: That the deponent accordingly went to the fair, and returned in about four days home, and then heard that a soldier who had been upon some of the hills was amissing, and in a very short time heard it was Serjeant Davies: That at first it was rumoured that some of the Serjeant's own men had killed him; and afterwards that he had been killed by some outlaws; and after that it was clattered that the panels had killed him: Depones, That the night the panels lodged with him as above, one of them talked of going the next morning in quest of horses for leading in corn, without mentioning from where. Causa scientiæ patet. And this is the truth, as he shall answer to God. This deposition signed by Duncan Campbell, sworn interpreter.

John Grant, son to the said John Grant in Altalaat, aged twenty years, solemnly sworn, purged of malice and partial council, by the sworn interpreter aforesaid, and by him interrogate: Depones, That he knows the panels, and that they lodged with his father the night of the twenty-seventh of September, one thousand seven hundred and forty- nine: That next morning the panels, each of them having a gun, and Duncan Clerk a grey plaid about him, went up the water to the hill of Gleneye, which is about a mile and a half distant from the hill of Christie: That the road they took was not the direct road to the hill last named; and before they went they said they were going a deer hunting and for horses to lead in their corns: That three or four days after this, they heard that Serjeant Davies was amissing, and that he was killed in the hill of Christie; but the last part of this he did not hear till some time, a year or two thereafter. Causa scientiæ patet. And this is truth, as he shall answer to God.

Elspeth Macara, in Inverey, late servant to Duncan Clerk, one of the panels, aged thirty-two years; solemnly sworn, purged of malice and partial council, as aforesaid, and interrogate, Depones, That she was fellow-servant, about three years ago, with Alexander Macgillies, a preceding witness, in Duncan Clerk, the panel's house: That she once saw in the said Alexander's hands a yellow ring, but knows not if it was gold, with a knob upon it of the same metal; which ring she frequently observed on the finger of the wife of the said Duncan Clerk. And further depones, That the said knob was bigger above and smaller below, and shaped something like a heart. Causa scientiæ patet. And this is truth, as she shall answer to God. This deposition signed by the above interpreter.

John Growar, in Inverey, aged fifty years and upwards, a widower; who being solemnly sworn, purged of partial council, and interrogate, Depones, That upon the 28th of September, 1749, the deponent having gone to a glen called Glenconie, to bring home his horses to lead in the corns, he met with Serjeant Davies, of whom he had some acquaintance before; and he had at that time a good deal of conversation with him, particularly with relation to a tartan coat which the Serjeant had observed the deponent to drop, and after strictly enjoining him not to use it again, dismissed him, instead of making him prisoner: That the deponent went home with his horses, and saw no more of the Serjeant, who was alone; and that their meeting was about an hour after sunrising, to the best of the deponent's knowledge: That some time thereafter, about four years ago, he was told by Alexander Macpherson alias M'Gillies, a former witness, that the Serjeant's ghost had appeared to him, M'Gillies, and had desired him to bury his, the Serjeant's, bones, and to bring Donald Farquharson, also a former witness, along with him; but M'Gillies at that time did not mention the place where the bones were to be found, but afterwards told the deponent that the Serjeant's bones were found in the place to which the ghost had directed him; and one day the said M'Gillies and the deponent being in the hill together, he, M'Gillies, pointed to him the place where they were found, which was not far from the place in which he had formerly met Serjeant Davies, upon the 28th of September aforesaid; and that two years ago, in labouring time, the said M'Gillies told him that the said ghost came to M'Gillies's master's house, and the door flung open, and took M'Gillies out of the house, and told him that the panels had been his murderers. Depones, That about two years ago he had a conversation with M'Gillies, who told him, that one day coming from the hill with Duncan Clerk, the panel, then his master, and another time when in bed, he had a conversation with the said Duncan concerning Serjeant Davies's murder, and all the answer Duncan made was, What can you say of an unfortunate man? Depones, That about ten or eleven years ago, Duncan Clerk, the panel, was said to have stolen some sheep from one Alexander Farquharson, in Inverey, and there was a Sheriff-court held upon that matter at the Mill of Achindryne, in which nothing was found against the said Duncan, but John Ewes alias M'Donald was fined, and the deponent became cautioner for him, that he should never speak about it again. Causa scientiæ patet. And this is the truth, as he shall answer to God.

Angus Cameron, in Easter Finart, Rannach, aged thirty years and upwards, solemnly sworn, purged of malice and partial council, by Duncan Campbell, sworn interpreter, and by him interrogate, Depones, That he was in Braemaar four years past at Michaelmas last; that is, in the year 1749: That about an hour and a half before sun-set on the 28th of September, he being on the hill of Galcharn, on the side thereof, saw a man in a blue coat, with a gun in his hand, with a hat which had a white edging about it, he knows not whether it was silver or not; and saw other two men, one of whom was the panel Duncan Clerk, who he had seen upon former occasions, and another man of a lower stature than the said Duncan Clerk, coming up the hill towards the first mentioned man, who was distant from him, the deponent, about a gunshot, upon, or near the top of a hill opposite to him, the deponent, the name of which he does not know, he being a stranger in that country; that there was another man along with him, the deponent, named Duncan Cameron, and that they were waiting there for other travellers, and his said companion is dead about three years ago: Depones, That he saw Duncan Clerk, the panel, and his companion, whom he did not, nor does not know, meet with the man clad in blue, as aforesaid; and after they had stood for some time together, he saw Duncan Clerk, the panel, strike at the man in blue, as he thought, with his naked hand only, upon the breast; but, upon the stroke, he heard the man struck cry out, and clap his hand upon the place struck, turn about, and go off: That the panel Duncan Clerk and the other man stood still for a little, and then followed after the man in blue, and saw him, the said Duncan and the other man, each of whom had a gun, fire at the man in blue: That the two shots were very near one another; and immediately upon them, the man in blue fell: That Duncan Clerk, the panel, had upon him a grey plaid, with some red in it, whom he saw that same day, and his companion along with him, (but spoke to none of them,) about mid-day, and that they passed him as he was lying upon the same hill; and that both times that same day, that he had occasion to see the said Duncan Clerk and his companion, he was lying in a little hollow upon the side of the said hill of Galcharn, in such a manner, as he thinks, neither the said Duncan Clerk, or his companion did see him: And depones, That there was no long heather in the said hollow where he was lying: 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; and while they were so employed, he, the deponent, and his companion, got up, and made off: Depones, That he did not mention any thing of the premises to any body for nine months or a twelve month, and then he spoke of it to one Donald Cameron, and to Duncan Cameron, a different man from him above mentioned, who advised him to say nothing of it, as it might get ill-will to himself, and bring trouble on the country; some people that he told it to said, that people would not believe him, but rather think he was telling lies: That it was six months after what he saw, and has deponed upon, that he heard that Serjeant Davies was amissing. And being interrogate for the panels, depones, That he came to the said hill of Galcharn, and lay down in the hollow about two hours after sun-rising; and depones, That he and his companion were, the night before the twenty-eighth of September aforesaid, in Glenbruar Braes, which is about ten miles distant from the hill of Galcharn; and that he left these braes about the end of said night; and that the travellers that he expected to pass that day were Donald Cameron, who was afterwards hanged, together with some of the said Donald's companions from Lochaber. Causa scientiæ patet. And this is the truth, as he shall answer to God. This deposition signed by the sworn interpreter aforesaid.