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Trial of Duncan Terig, alias Clerk, and Alexander Bane Macdonald
by
(Signed) 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.
(Signed) DUNCAN CAMPBELL.
JA. FERGUSON.
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 scientiae patet. And this is truth, as she shall answer to God. And this deposition is subscribed by the said sworn interpreter.
(Signed) DUNCAN CAMPBELL.
JA. FERGUSON.
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 scientiae 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.
(Signed) ALEX^R FRASER.
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 scientiae patet. And this is the truth, as he shall answer to God.