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PAGE 11

Trial of Duncan Terig, alias Clerk, and Alexander Bane Macdonald
by [?]

(Signed) PETER MACNAB.
ALEX^R FRASER.

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 scientiae 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.

(Signed) DUNCAN CAMPBELL.
ALEX^R FRASER.

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 scientiae 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.

(Signed) DUNCAN CAMPBELL.
ALEX^R FRASER.

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 scientiae patet. And this is the truth, as he shall answer to God.

(Signed) DONALD DOWNIE.
ALEX^R FRASER.

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 scientiae patet. And this is the truth, as he shall answer to God.