e,
and thereafter the said Alexander Macdonald returned to his own house
in Allanquoich, where he staid all that night, not seeing the said
Duncan Clerk more that day, as is at more length to be seen in his said
confession or declaration, signed by the said Lord Drummore, he having
declared he could not write; both which confessions or declarations,
with the list of debts above specified, said to be due to him, the said
Duncan Clerk, as also, the hat mentioned to be found in summer one
thousand seven hundred and fifty in the hill of Gleneye, are all now
lodged in the hands of the Clerk to the Court of Justiciary, before
which they are to be tried, that they may see the same: 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.

(Signed) ALEX. HOME, A.D.

PURSUERS.

WILLIAM GRANT, of Prestongrange, Esq., His Majesties Advocate.

Mr PATRICK HALDANE, and
Mr ALEXANDER HOME,
both His Majesties Solicitors.

Mr ROBERT DUNDAS, Advocate.

PROCURATORS in defence.

Mr ALEXANDER LOCKHART,
Mr ROBERT M'INTOSH,
Advocates.

The Libel being openly read in Court, and the panels interrogate
thereupon, they both denied the same, and referred their defences to
their Lawiers.

LOCKHART, &c., for the panel, denying the libel, or any guilt or
accession of the panels to the murder charged, pled that the panels
were persons of good fame and reputation, and that as no cause of
malice in them against Serjeant Davies was alleged, so the circumstances
founded on in the indictment, though they were true, were not in any
sort sufficient to infer a proof of the panels' guilt. And further, the
panels would be able to prove a true and warrantable cause for going to
the hill libelled on in arms, and that they went openly and avowedly;
and that in the circumstances they were in, it was impossible they
could have any wicked design against, or expect to have an opportunity
of execu