But, on May 12, when Allan went to Carnoch and Callart, James sent a servant to a very old Mr. Stewart, father of Charles Stewart, notary public. The father was a notary also, and James, who wanted a man of law to be at the evictions on May 15, and thought that Charles Stewart was absent in Moidart, conceived that the old gentleman would serve the turn. But his messenger missed the venerable sportsman, who had gone a-fishing. Learning later that Charles had returned from Moidart, James, at 8 a.m. on May 14 (the day of the murder), sent a servant to Charles at Fort William, bidding him come to the evictions on May 15, 'as everything must go wrong without a person that can act, and that I can trust.' In a postscript he added, 'As I have no time to write to William (Stewart), let him send down immediately 8l. to pay for four milk cows I bought for his wife at Ardshiel.' His messenger had also orders to ask William Stewart for the money.
Nothing could seem more harmless, but the prosecution might have argued that this letter was, as to the coming of the notary, a 'blind,' and that the real object was, under the plea of sending for the notary, to send the messenger for William Stewart's 8l., destined to aid Allan in his escape.[8] There was no proof or even suggestion that, on May 12, James had asked old Mr. Stewart to send money for Allan's use, or had asked William Stewart, as having none by him he would have done—that is, if James had concerted the murder with Allan. If, on May 14, James was trying to raise money to help a man who, as he knew, would need it after committing a murder on that day, he showed strange want of foresight. He might not get the money, or might not be able to send it to Allan. In fact, that day James did not get the money. The prosecution argued that the money was sent for on May 14, to help Allan Breck, and did not even try to show that James had sent for money on May 12; when it would have arrived in good time. Indeed James did not, on May 12, send any message to William Stewart at Fort William, from whom, not from Charles or the old gentleman, he tried to raise the cash on May 14. A friendly or a just jury would have noted that if James planned a murder on the night of May 11, and had no money, his very first move, on May 12, would be to try to raise money for the assassin's escape. No mortal would put off that step till the morning of the crime; indeed, it is amazing that Allan, if he meant to do the deed, did not first try to obtain cash for his escape. The relations of Glenure suspected, at the time, that Allan was not the assassin, that he fled merely to draw suspicion away from the real criminal (as he does in Kidnapped), and they even wished to advertise a pardon for him, if he would come in and give evidence. These facts occur in a copious unpublished correspondence of the day between Glenure's brothers and kinsmen; Mr. Stevenson had never heard of these letters.[9] Thus, up to the day of the murder, Allan may not have contemplated it; he may have been induced, unprepared, to act as accessory to the other man.
The point where, according to the prosecution, the evidence 'pinched' James of the Glens was his attempt to raise money on May 14. What could he want with so large a sum as 8l., so suddenly, as he had no bill to meet? Well, as a number of his friends were to be thrown out of their farms, with their cattle, next day, James might need money for their relief, and it seems certain that he had made no effort to raise money at the moment when he inevitably must have done so, if guilty, that is, on May 12, immediately after concerting, as was alleged, the plot with Allan Breck. Failing to get money from William Stewart at Fort William on May 14, James did on May 15 procure a small sum from him or his wife, and did send what he could scrape together to Allan Breck at Coalisnacoan. This did not necessarily imply guilt on James's part. Allan, whether guilty or not, was in danger as a suspected man and a deserter; James was his father's friend, had been his guardian, and so, in honour, was bound to help him.
But how did he know where Allan was to be found? If both were guilty they would have arranged, on May 11, a place where Allan might lurk. If they did arrange that, both were guilty. But Donald Stewart, who went, as we have said, and saw Allan on the hillside on the night of the murder, added to his evidence that Allan had then told him to tell James of the Glens where he might be found, that is, at Coalisnacoan. These tidings Donald gave to James on the morning of May 15. James then sent a pedlar, Allan's cousin, back to William Stewart, got 3l., added, in the evening of the 16th, more money of his own, and sent it to Allan. There was a slight discrepancy between the story of the maid, Kate MacInnes, and that of Donald Stewart, as to what exactly passed between them, concerning Allan, on the night of the murder, and whether Allan did or did not give her a definite message to Donald. The prosecution insisted on this discrepancy, which really, as James's advocate told the jury, rather went to prove their want of collusion in the manufacture of testimony. Had their memories been absolutely coincident, we might suspect collusion—that they had been 'coached' in their parts. But a discrepancy of absolutely no importance rather suggests independent and honest testimony. If this be so, Allan and James had arranged no trysting-place on May 11, as they must have done if Allan was to murder Glenure, and James was to send him money for his escape.
But there was a discrepancy of evidence as to the hour when the pedlar sent by James to Fort William on May 15 arrived there. Was he despatched after the hour when Donald Stewart swore that he gave Allan's message to James of the Glens, or earlier, with no knowledge on James's part of the message carried by Donald? We really cannot expect certainty of memory, after five months, as to hours of the clock. Also James did not prove that he sent a message to Allan at Coalisnacoan, bidding him draw on William Stewart for money; yet on Friday, May 15, James did, by the pedlar, bid William Stewart give Allan credit, and on Saturday, May 16, Allan did make a pen from a bird's feather, and ink with powder and water, and write a letter for money, on the strength of James's credit, to William Stewart. This is certainly a difficulty for James, since he suggested John Breck MacColl, a tenant of Appin's at Coalisnacoan, for the intermediary between Allan and William Stewart, and Allan actually did employ this man to carry his letter. But Allan knew this tenant well, as did James, and there was nobody else at that desolate spot, Coalisnacoan, whom Allan could employ. So lonely is the country that a few years ago a gentleman of my acquaintance, climbing a rocky cliff, found the bones of a man gnawed by foxes and eagles; a man who never had been missed or inquired after. Remains of pencils and leather shoe strings among the bones proved that the man had been a pedlar, like James Stewart's messenger, who had fallen over the precipice in trying to cross from Coalisnacoan to the road through Glencoe. But he never was missed, nor is the date of his death known to this day.
The evidence of the lonely tenant at Coalisnacoan, as to his interviews with Allan, is familiar to readers of Kidnapped. The tenant had heard of the murder before he saw Allan. Two poor women, who came up from Glencoe, told the story, saying that 'two men were seen going from the spot where Glenure was killed, and that Allan Breck was one of them.' Thus early does the mysterious figure of the other man haunt the evidence. The tenant's testimony was not regarded as trustworthy by the Stewart party; it tended to prove that Allan expected a change of clothes and money to be sent to him, and he also wrote the letter (with a wood-pigeon's quill, and powder and water) to William Stewart, asking for money. But Allan might do all this relying on his own message sent by Donald Stewart, on the night of the murder, to James of the Glens, and knowing, as he must have done, that William Stewart was James's agent in his large financial operations.
On the whole, then, the evidence, even where it 'pinches' James most, is by no means conclusive proof that on May 11 he had planned the murder with Allan. If so, he must have begun to try to raise money before the very day of the murder. James and his son were arrested on May 16, and taken to Fort William; scores of other persons were arrested, and the Campbells, to avenge Glenure, made the most minute examinations of hundreds of people. Meanwhile Allan, having got 5l. and his French clothes by the agency of his cousin the pedlar, decamped from Coalisnacoan in the night, and marched across country to the house of an uncle in Rannoch. Thence he escaped to France, where he was seen in Paris by an informant of Sir Walter Scott's in the dawn of the French Revolution; a tall, thin, quiet old man, wearing the cross of St. Louis, and looking on at a revolutionary procession.
The activities of the Campbells are narrated in their numerous unpublished letters. We learn from a nephew of Glenure's that he had been 'several days ago forewarned,' by whom we cannot guess; tradition tells, as I have said, that he feared danger only in Lochiel's country, Lochaber, and thought himself safe in Appin. The warning, then, probably came from a Cameron in Lochaber, not from a Stewart in Appin. In coincidence with this is a dark anonymous blackmailing letter to Fassifern, as if he had urged the writer to do the deed:
'You will remember what you proposed on the night that Culchena was buried, betwixt the hill and Culchena. I cannot deny but that I had breathing' (a whisper), 'and not only that, but proposal of the same to myself to do. Therefore you must excuse me, when it comes to the push, for telling the thing that happened betwixt you and me that night.... If you do not take this to heart, you may let it go as you will.' (June 6, 1752.)
Fassifern, who had no hand in the murder, 'let it go,' and probably handed the blackmailer's letter over to the Campbells. Later, ——, —— of ——, the blackest villain in the country, offered to the Government to accuse Fassifern of the murder. The writer of the anonymous letter to Fassifern is styled 'Blarmachfildich,' or 'Blarmackfildoch,' in the correspondence. I think he was a Mr. Millar, employed by Fassifern to agitate against Glenure.