Results of Drunken Row.
We have here rather a curious mode of challenge. The parties cut a quantity of straw, each taking a half, and then retire to the Dempster Gardens to test their strength. Forms of challenge vary much. There is the gentlemanly way of throwing down one's glove or gauntlet, the biting of one's thumb as in Romeo and Juliet, and boys have their modes as well as their elders. We remember a common one in Inverness some twenty-five years ago, was to count an opponent's buttons, those of his waistcoat, and then slap him in the face. Another mode was, if any two were egged on to try their strength, the one gave the other what was called fuge. This was done in the following way:—A friend or second of one of the opponents said, 'Will you fight him?' The answer, of course, was 'Yes.' The friend then stretched out his right arm and said 'Spit over that.' This being done, he was requested to follow up this procedure by giving his antagonist fuge, or a blow. The combatants, after either of the above formalities, retired with their respective friends to some unfrequented spot as the Barnhill or Longman, and there had a fair open set-to. No unfair advantage was permitted, and after a few rounds the affair was over, and the parties became friends again, or the trial of strength was adjourned to be renewed at some future period. Unfortunately, however, for some of us boys if our then teacher got a hint of what was going on, which, somehow or other, he invariably did, then all concerned, both onlookers and combatants, got a good flogging right round.
It will be observed that the Magistrates of those days, who then had far more extensive powers than now, dealt in a very summary manner with the murderer. The Heading-hill was the elevated part of Muirfield. Burt, a century later, gives a graphic account of an execution he once witnessed there:—
"Thou, John Williamson Skinner, art indicted for the cruel slaughter and murder of the late Murdo M'Ay vic David Robe in Culloden, which you committed yester-night, being the 24th of October instant, upon the fields of Easter Dempster within this Burgh, after you being drinking in William M'Andrew Roy, his house, boasted, and gave evil speeches to the said late Murdo appealled (i.e., challenged) him to the singular combat, and cut a quantity of straw and delivered the one-half thereof to him, and put the other part thereof in your purse, which was found with thee, whereupon you passed forth immediately out of the said house and took thy sword and targe with thee and followed the said late Murdo to the said field, where thou onbeset (set on) him, and with thy drawn sword sticked and struck him in the belly, whereof he departed this present life immediately thereafter, you being taken with red hand, remain yet incarcerated therefor: Wherethrough you have not only committed cruel murder and slaughter, but also been offering of singular combat, express against his Majesty's Laws and Acts of Parliament, which you cannot deny, and therefore you ought to die.
"That day the said John Williamson being accused on the said dittay in judgment, by Finlay M'Ay vic David Robe and James M'Ay vic David Robe, brothers to the said late Murdo, denied the same, therefore desired the same to be remitted to the trial and cognition of an assize, as he who was panelled, whereupon, &c.
"Names of the Assize—John Cuthbert of Auld Castle-hill, Chancellor; James Waus; James Cuthbert, elder; William Robertson, elder; Alexander Paterson; James Cuthbert in Merkinch; Andrew Fraser, merchant; Thomas Robertson, David Watson, Alexander Taylor, James Cuthbert Jamesson, Patrick Anderson, Jasper Cuthbert, Robert Neilson, Thomas M'Noyiar, William Gray, Robert Moncreiff, William M'Conchie, merchant; William Stevenson, Francis Bishop, James Stewart:
"That day the foresaid haill persons of assize being all sworn in judgment and admitted, and after trial and cognition taken by them of the said crime, have all in one voice convicted and filed the said John Williamson to be the doer thereof; pronounced by the mouth of John Cuthbert of Auld Castle-hill, Chancellor of the Assize, whereupon, &c.
"That day the judges ordain the said John Williamson to be taken to the Heading-hill and there to be headed, and to sunder the head from the shoulders, for the said slaughter committed by him. Doom given thereon and ordain his haill goods and gear to be escheated. Whereupon, &c.
"That day, thou William Reid M'Andrew Roy in Inverness, art indicted for the art and part, and counsel, of the cruel slaughter or murder of the late Murdo M'Ay vic David Robe in Culloden, upon the 24th day of October instant, where thou with John Williamson Skinner, thy accomplice, drinking with him in your own house in Inverness, first boistit (boasted) the said late Murdo, and thereafter appealled him to the singular combat, and cut straw to that effect, thou thereafter, with the said John Williamson, passed immediately furth and followed the said late Murdo to the field called Easter Dempster, where thou and the said John Williamson beset the said late Murdo, and thou took and held him while the said John Williamson struck him, like as thou also with a knife you struck him in the womb, of the which strikes (blows) the said late Murdo immediately deceased, which you cannot deny, and therefore thou ought to die.
"That day the said William Reid M'Andrew Roy, being accused on the said dittay in judgment by Finlay M'Ay vic David Robe and James M'Ay vic David Robe, brothers to the said late Murdo, denied the same, therefore desired to be remitted to the trial and cognition of an assize. Whereupon, &c. [Names of the Assize as above set forth.]
"That day the foresaid haill persons of Assize being all sworn in judgment, and admitted, and after trial and cognition taken by them of the said crime, have all in one voice absolved and made free the said William Reid M'Andrew Roy, pronounced by the mouth of John Cuthbert of Auld Castle-hill, Chancellor of the Assize in judgment. Whereupon, &c.
"That day the judges absolve the said William Reid M'Andrew Roy from the said crime. Whereupon took Act of Court and instruments.
(Signed) "James Duff, Clerk."