be remembered, too, that in his preface, or dedication, as he prefers to call it, Mr Robert Louis Stevenson speaks of "the printed trial" of James of the Glens. Authors now-a-days have rather a trick of referring the courteous reader to imaginary authorities in the shape of ancient manuscripts, archaic maps, and even engraved shards, in the hope that the story may, perchance, be thereby invested with an air of life and circumstantiality otherwise awanting. And so very possibly some may have fancied, that this reference to "the printed trial" is only such another literary jest. But they are in error, as anybody in Appin will tell you, for James of the Glens was a very real and a very ill-used man. His trial, and an impudent mockery it was, actually took place, and it is some notes suggested by a curious old copy of the report, or, as Mr Stevenson calls it, "the printed trial," that Mr Mackay thought might be of interest to the Society. It would, however, be too much to assume that, though everybody ought to have read "Kidnapped," everybody has actually done so, and, accordingly, a short preliminary sketch is probably desirable, and will certainly not be out of place.

In 1745, Dugald, 10th and last of the Stewart lairds of Appin, was a child of tender years. Ardsheal, the oldest cadet of the house, was Tutor of Appin, and the clan to the number of between three and four hundred were out under him in that disastrous time. After Culloden, at which more than half of them were killed and wounded, the clan dispersed. Ardsheal, who had vainly attempted to make one more stand away in the west, was attainted, but, after many adventures, succeeded in escaping to France in the autumn of 1746. Meanwhile, according to the authors of "The Stewarts of Appin," the estate was confiscated and given up to plunder, and the malevolence of the English soldiery selected December as the most appropriate time for sacking Ardsheal House, and turning the Lady Ardsheal and her newly-born infant into the snow. After many hardships, she managed to join her husband in France, where they were followed by many tokens of the devoted and thoughtful affection of their people.

The management of the forfeited estates, and Ardsheal amongst them, was vested in the Court of Exchequer for Scotland, whose administration seems to have been, on the whole, fair and just. The Duke of Cumberland, it is true, was crying aloud for the extirpation of the whole native population, and, of course, found some backing amongst the baser politicians of the time. But his thirst for blood was not shared by the leading statesmen of the

day, who had come to see, with Duncan Forbes, that the true method of quelling disaffection was to take methods for improving the condition of the people. Those who had taken a leading part in the rising received, indeed, no mercy, and sometimes scrimp justice, but with the common people byegones were to be byegones, and encouragement given them to walk for the future in the paths of pleasantness and peace. The Barons of Exchequer had, however, to act through local factors, who did not always rise superior to the temptation of using their office for the paying off of old scores or the aggrandisement of themselves and their friends. The local factor on Ardsheal was Colin Campbell of Glenure, a small glen which strikes south-east from Glen Creran, an unfortunate appointment both from the character of the man, and also on account of the long-standing enmity between the Appin Stewarts and the whole Campbell clan

This Colin Campbell of Glenure, it may be remarked, was a son of Patrick Campbell of Barcaldine by his second wife, Lucia Cameron of Lochiel. On Patrick's death, Barcaldine passed to his eldest son, John, who, however, got into difficulties, and had to sell the estate to his half-brother, Duncan, some time Sheriff-Substitute at Killin, from whom the present Baronet of Barcaldine is descended. The estates, it is true, have passed into other hands, but the importance of the old family is attested by the picturesque ruins of their once proud castle, which contrasts strangely with the common-looking villa in which the present proprietor is housed. Besides the judicial rent which had to be paid to Glenure on behalf of the Court, the tenants regularly raised a second rent, which was duly remitted to France for the support of the exiled laird and his family. This was seen to by James Stewart, a near relative—there seems no evidence for calling him natural brother, as he is described in the printed trial-of Ardsheal, who occupied Glenduror, the principal holding on the estate, and was accordingly known as Sheumas-na-Glinne. Campbell of Balliveolan soon cast his longing eyes on Glenduror, and found his neighbour and relative, Glenure, very willing to oblige him. But James Stewart managed to get another place in the neighbourhood, namely, Acharn, from Campbell of Airds, and so things went on as before until 1752, when Glenure made up his mind to clear out a number of the Ardsheal tenants, and replace them with dependents of his own. James Stewart, being, in the circumstances, the natural leader of the people, did what he could on their behalf by bringing the matter under the notice of the Barons of the Exchequer, who had already shewn themselves by

no means satisfied with their factor's behaviour. By this time, too, the conciliatory policy of the Government was more fully matured. The forfeited estates were to be annexed inalienably to the Crown, and managed by Special Commissioners, who were to apply the rents for the civilisation of the Highlands, and the promotion of education and industries among their inhabitants. Improving leases were to be granted on liberal terms, schools to be erected, and teachers provided. To the whole spirit of such a measure Glenure's high-handed proceedings were utterly opposed, and accordingly, when the Court of Session, on technical grounds, refused to interdict him from going on, the tenants, by James Stewart's advice, resolved to stick to their holdings, in the confident belief that he would be disowned in due time by his superiors. The evictions were to take place at Whitsunday, but on 14th May, as Glenure, with a servant, a sheriff-officer, and an Edinburgh writer, was passing through the wood of Lettermore, on the south side of Ballachulish Ferry, he was shot from behind by a man who instantly disappeared.

After

Years before this there had died a decent man, Donald Stewart, leaving his children to the care of Ardsheal and James of the Glens. One of these children, after giving a good deal of trouble to his guardians, enlisted in the Royal Forces, deserted to Prince Charlie at Prestonpans, and after Culloden made his escape, and apparently obtained a commission in the French service. things had quieted down a little, he occasionally came over to Scotland, wandering about among his friends in Appin, Rannoch, and elsewhere, but keeping carefully out of the way when any English soldiers happened to be in the neighbourhood. Such up to this date was the history of Alan Breck Stewart, whom Mr Stevenson has now rendered immortal. Upon him suspicion at once not unnaturally fell, for he was known to have been in the country for some time, and, like many another of his name, to have spoken evil things concerning Colin Roy. But not a trace of him could be seen in spite of the most industrious search, and so the rage of the Government and of Glenure's friends had to look out for another victim. For some days before the murder, Alan had been living at Acharn, and it was suspected that his escape had been facilitated by his former guardian. Accordingly, James of the Glens was arrested and carried off to Fort-William, where he was imprisoned for several months, while no stone was left unturned to concoct evidence against him. In the upshot, he was indicted as art and part with Alan in the murder, and placed on his trial at Inverary Circuit. Archibald, third Duke of Argyll,

long known as Earl of Ilay, was at the time titular Justice General, and he took full advantage of his position to prevent any chance of an acquittal. The Lord-Advocate, William Grant of Prestongrange, also lent himself to the plot, as is admitted by Mr Omond in his book on “The Lord-Advocates of Scotland,” though palliating circumstances are urged on his behalf. In Mr Omond's words, "The proceedings from the first were unfair. There was a standing feud between the Campbells; yet the trial took place at Inverary, where the Duke of Argyll was supreme. There were two judges of the Court of Justiciary present, but the Duke, then Justice General of Scotland, sat as a judge, though he had never been in the habit of doing so. The Lord-Advocate went to Inverary, and conducted the prosecution in person, although, it was said, no Lord-Advocate ever appeared in a Circuit Court before."

Glenure had been married to one of the Mackays of Bighouse, in Sutherland, a niece of the 4th Lord Reay, and the indictment, which took the form of criminal letters, ran at the instance of the widow and her children, as well as of the Lord-Advocate ; and so far did the malice of the private prosecutors carry them that attempts seem actually to have been made to hamper the prisoner's defence by retaining all the leading members of the bar, and so deprive him of their assistance. The Court met on 21st September. The judges were the Duke of Argyll, who presided, and Lords E chies and Kilkerran. The prosecuting counsel were the Lord-Advocate; James Erskine, then Sheriff of Perth, afterwards raised to the bench as Lord Barjarg; Mr Robert Campbell of Asknish, head of the M'Ivers, and who, according to Douglas, "was brought up to the Bar under the particular tuition of Archibald, Earl of Islay, afterwards Duke of Argyle, and possessed much of the confidence and friendship of that great man as long as he lived;" Mr John Campbell, yr. of Levenside, afterwards well known as a judge under the name of Lord Stonefield, son of Archibald Campbell of Stonefield, who had been Commissioner on the Argyle estates, and was at this time Sheriff-depute of the County; and a very virulent gentleman rejoicing in the somewhat chequered name of Simon Frazer. According to the Scots Magazine, this was "Mr Simon Fraser, commonly called the Master of Lovat, lately called to the Bar,” and there are good reasons for believing this statement to be correct. In 1745, while but a student at the University of St Andrews, the Hon. Simon Fraser of Lovat was sent for by his father, and practically compelled to join in the rising. For a year or two thereafter he was kept in a sort of honourable captivity in

The

Edinburgh and Glasgow, until in 1750 he received a free pardon. During his whole subsequent career he lost no opportunity of ingratiating himself with the Government, with the result that the Lovat estates, though not the title, were restored to him. The otherwise unaccountable virulence which characterised this his first appearance at the Bar is thus capable of easy, if not very creditable explanation. defence was in the hands of George Brown, Sheriff of Forfar, and four years afterwards a judge under the name of Lord Coalstoun; Thomas Miller of Glenlee, Sheriff of Kirkcudbright, afterwards successively Lord-Advocate, Lord Justice Clerk, and Lord President of the Court of Session; Robert Macintosh, son of Lauchlan Mackintosh of Dalmunzie (who was minister of Dunning and afterwards of Errol), an able but very eccentric advocate, whose career is sketched at length in the Ochtertyre Papers; and Walter Stewart, younger of Stewarthall, regarding whom Mr Ramsay has also preserved some information. Objections were taken to the relevancy of the indictment, discussed at great length, and, of course, repelled. Then the jury was empanneled. In those days the presiding judge nominated the jury, while the prisoner had no peremptory challenge, so that it is not surprising that out of the 15 selected eleven were Campbells. Two gentlemen of the name, indeed, to their credit, it is said, refused to serve, on the ground that their minds were biassed against the prisoner, but the others had no such scruples. And so the trial went on. Even against Alan Breck the prosecution, with all their efforts, made but a shabby case, while against his alleged accomplice not a single scrap of reliable evidence was adduced. But the Duke had picked his men well-one of them, Duncan Campbell of Southhall, even trying to stop the speech of counsel for the defence and he was rewarded with a unanimous verdict of guilty. His passion, which had been smouldering throughout the trial, now broke forth into insolent abuse as he addressed the unfortunate man whose blood he must have felt was on his head. Mr Omond's idea is that the Government were terrified lest the murder of Glenure should be seized upon by the Duke of Cumberland and the rancorous gang under his control, to force them to abandon their policy of conciliation; that they felt that somebody must hang, and did not care very much whether he were innocent or guilty; that such outbreaks must at all costs be prevented in the future, and, in short, that the conviction of James of the Glens was in their eyes a political necessity. 66 Therefore," says Mr Omond, "in order to secure a conviction, Stewart was