1682.
Sir Alexander Lindsay of Evelick—an ancient castle on the high grounds overlooking the Carse of Gowrie—had married as a second wife the widow of Mr William Douglas, ‘the advocate and poet.’[290] Both had children approaching maturity, and William Douglas, the lady’s son, became very naturally the playfellow of Sir Alexander’s heir Thomas. Whether jealousy on account of the superior prospects of Thomas Lindsay had entered William Douglas’s heart, we cannot tell; but the two boys being out one day in the Den of Pitrodie, a romantic broomy dell near Evelick, Douglas was tempted to stab Lindsay with a clasp-knife, and so murder him.
The wretched boy gave a confession next day, fully admitting his guilt. It commences thus: ‘I have been over proud and rash all my life. I was never yet firmly convinced there was a God or a devil, a heaven or a hell, till now. To tell the way how I did the deed my heart doth quake [and] head ryves. As I was playing and kittling at the head of the brae, I stabbed him with the only knife which I have, and I tumbled down the brae with him to the burn; all the way he was struggling with me, while I fell upon him in the burn, and there he uttered one or two pitiful words. The Lord Omnipotent and all-seeing God learn my heart to repent.’ On this occasion, ‘he also produced the little knife called Jock the leig, with ane iron haft.’
Being on the ensuing day brought before the sheriff-court of Perth, it was there alleged against him that ‘he did conceive ane deadly hatred and evil [will] against Thomas Lindsay, son to Sir Alexander Lindsay of Evelick, with a settled resolution to bereave him of life; he did upon the thretteen day of this instant month, being Tuesday last, about seven hours in the afternoon or thereby, as he was coming along the Den of Pitrodie in company with the said Thomas Lindsay, fall upon the said Thomas, and with his knife did give him five several stabs and wounds in his body, whereof one about the mouth of his stomach, and thereafter dragged him down the brae of the den to the burn, and there with his feet did trample upon the said Thomas lying in the water, and as yet he not being satisfied with all that cruelty which he did to the said Thomas, he did with a stone dash him upon the head, so that immediately the said Thomas died.’
1682.
To the great concern of his friends, the boy now retracted his confession, alleging that he found Thomas Lindsay lying in the burn, and in trying to help him up had fallen upon him. The trial was consequently postponed to a future day. Meanwhile his friends exerted themselves to bring back the culprit to a sense of his guilt, and after a few days, they seem to have succeeded. On the 25th of June, his mother is found writing to the Laird of Balhaivie, a cousin of the murdered youth, relating how she had been witness to the power of God in changing the heart of the obstinate. ‘In a very little,’ says she, ‘after you went to the door, he rose up in such a passion of grief and sorrow, crying out in such bitterness, rapping on the table, and cursing the hour it entered into his head to recant, and promised through the Lord’s strength, nothing should persuade him to do it again, but that he should constantly affirm the truth of his first declaration. He took out the declaration the devil had belied him to write, and cried to cast it in the fire, with so much sorrow and tears, as he took his head in his hand and said he feared to distract [become distracted], and prayed that the Lord would help him in his right judgment, that he might still adhere to truth. This,’ continues the wretched mother, ‘was some consolation to my poor confounded mind; but when I consider that deceitful bow the heart, and his frequent distemper, my spirit fails.... I desire you and the rest of your worthy friends no to pit yourself to needless charges in the affair, for I, his nearest relation, being not only convinced justice should be satisfied, but am desirous nothing may occur to hinder. And as I know, though both he and I hath creditable friends, they will be ashamed to own me in this. The good God that best knows my pitiful case bear [me] up under this dismal lot, and give you and all Christians a heart to pray for him, and your poor afflicked servant, Rachel Kirkwood.’
The Laird of Balhaivie seems to have entered kindly into the lady’s feelings. His answer contains a few traits highly characteristic of the time. ‘Much honoured madam, as soon as Sir Pat[rick Threipland] gave me account yesternight of your son’s second confession, I went alongs with Sir Patrick and saw him, and I swear to outward appearance he seemed very serious, and I pray God Almighty continue him so.... My cousin, young Evelick, and all his relations are very sensible of your ladyship’s extraordinary and wonderful good carriage in ane affair so astounding as this has been, and ye renew it in your letter, wherein ye desire they should not be put to needless trouble and charges in the affair. The truth is, madam, there is none of us but are grieved to the bottom of our hearts that we should be obliged to pursue your son to death; but we keep evil consciences if we suffer the murder of so near a relation to go unpunished; and his life for the taking away of the other’s is the least atonement that credit and conscience can allow.... His dying by the hand of justice will be the only way to expiate so great a crime, and likewise be a means to take away all occasion of grudge which otherwise could not but continue in the family....’[291]
1682.
The youth was brought to trial in Edinburgh, and condemned to suffer death on the 4th of August. After the trial, he confessed that it was he who in the January preceding ‘put fire in Henry Graham’s writing-chamber, out of revenge, and that he had first stolen some books there.’ He was subjected to a new trial for this crime, because, being treason, it would have inferred a forfeiture of his estate, worth upwards of £2000; but on this occasion he retracted his confession, nor could any thing prevail with him to renew it judicially. The jury, who were honest Edinburgh citizens, seeing that the design was to enrich certain courtiers at the expense of the sisters of the young homicide, acquitted him of the new charge, to the great irritation of the king’s advocate, who ‘swore that the next assizers he should choose should be Linlithgow’s soldiers, to curb the phanaticks.’[292]