Trial of James Stewart: (the Appin Murder)

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W. Hodge, 1907 - 369 ページ

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134 ページ - May last, when he was riding about a gun-shot behind his master in the wood of Lettermore, he heard a shot, which he took to be the report of a musket. It neither alarmed him nor did he know whence it came ; but, when he came up he saw the preceding witness wringing his hands, and his master lying on the ground with a great deal of blood about him, just breathing, and not able to speak. The deponent was desired by the preceding witness to go in quest of Mr. Campbell, of Ballieveolan, and his sons,...
126 ページ - And hence it has become an axiom in the law, " Better that ten guilty persons should escape than that one innocent person should suffer.
126 ページ - ... who did actually commit the very fact of treason should be first tried before those that are principals in the second degree; because otherwise this inconvenience might follow, that the principals in the second degree might be convicted, and yet the principals in the first degree might be acquitted, which would be absurd.
159 ページ - Stirling, who had lodged with the deponent the night before, being present, asked the pannel, if he would not help the deponent to a dram. And the pannel answered, he did not know any thing that he would help the deponent, or any of his name to, if it was not to the gibbet.
136 ページ - Ballachelish, as aforesaid, he saw a man who seemed to be in a hurry to get over the ferry, who proved to be John Maccoll, servant to the pannel ; to whom Glenure said, in the deponent's hearing, " Sir, you travel better than I do.
155 ページ - ... of Ardshiel, and setting the lands ; and the pannel told the deponent, that whatever was made of these rents over what was paid into the exchequer, was accounted for to the children of Ardshiel: and when he removed from Glenduror, he told the deponent that he had reason to believe, that the said excrescence of the rents of that farm would still be accounted for to them ; and, in that case, he would be easy as to his own removal. And depones, that Ardshiel's children, at the time of the rebellion,...
134 ページ - Stewart, the prisoner, in expectation that he would learn from him where Ballieveolan was. The prisoner seeing the deponent weeping inquired what the matter was? the deponent told him his master was killed; upon which the prisoner asked him by whom, and how it was done ? to which he answered, he did not know by whom, and believed it to be by a shot from a gun or pistol.
65 ページ - Stewart trial he was close confined, and all admittance refused. When his counsel came to this place and wanted to see him, we were told that none were to be admitted without a warrant from the Duke of Argyll, and a petition was actually drawn to be presented to your Grace when a message came allowing us access. His sons and...
125 ページ - B as accessary, they may be both arraigned together, and plead together, anil tried by the same jury ; and the jury shall be charged", first to inquire of the principal; and if they find him not guilty, then to acquit the accessary; and if they find him guilty, then to inquire of the accessary.
219 ページ - Exchequer, to the property whereof a claim was entered on behalf of Alexander, the eldest son of Charles Stewart, the attainted person, which claim, upon answers made for the King, was dismissed by the Court of Session ; and thus it happened that there was no factor appointed by the Barons on the estate of Ardshiel until Colin Campbell of Glenure was made factor by commission, bearing date the...

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