The Grey Man

by S. R. Crockett

But the disposition of the rabble of the city was a marvel to me. For being stirred up by the Bargany folk and by the Earl of Dunbar, Mure's well-wisher, it was singularly unfriendly to us. So that we were almost feared that the criminals might, after all, be let off by the overawing of the assize that sat upon the case. But finally, as it happened, those who were chosen assize-men were mostly landward gentlemen of stout hearts and no subjection to the clamour of the vulgar—such, indeed, as should ever be placed upon the hearing of justice, not mere bodies of the Luckenbooths, who, if they give the verdict against the popular voice, are liable to have their shops and stalls plundered. And James Scrymgeour of Dudhope, a good man, was made the chancellor of the jury.

There were many of the great Lords of Session on the bench. For a case so important and notable had not been tried for years, and the Lords of Secret Council appointed my Lord President himself to be in the chief place in his robes, as well as five other justices in his company, that the dittay might be heard with all equal mind and with great motion of solemnity.

It was eleven by the clock when the judges were ushered in, Sir John Fenton of Fentonbarns, Lord President, coming first and sitting in the midst.

Then the crier of the court shouted, 'Way for His Majesty—for King James the Sext make way!'

And all the people rose up while King James was coming in. He sat upon the bench with the justices indeed, but a little way apart, as having by law no share in their deliberations. Nevertheless he was all the time writing and passing pieces of white paper to them, whereat they bowed very courteously back to him. But whether they took any notice of their import I know not.

Then the prisoners were brought in. John Mure the elder, with his grey hair and commanding presence, looked out of from beneath his eyebrows like a lion ignominiously beset. James Mure the younger came after his father, a heavy, loutish, ignorant man, but somewhat paled with his bloody handling at the instance of the Lords of Secret Council. Also in accordance with the promise of Earl John in the matter of the finding of the cave, James Bannatyne of Chapeldonnan was not set up for trial along with them, which was a wonder to many and an outcry to some of the evilly affected.

Then the court being set, the dittay was read solemnly by a very fair-spoken and courteous gentleman, Thomas Hamilton of Byres, the King's advocate. He spoke in a soft voice as if he were courting a lady. And whenever he addressed a word to the prisoners, it was as if he had been their dearest friend, and grieved that they should thus stand in jeopardy of their lives.

Yet, or so it seemed to me, John Mure was ever his match, and answered him without a moment's hesitancy.

Then, after the advocate's opening, the evidence was led. They called upon me first to arise. And I declare that my knees trembled and shook as they never did before the shock of battle. So that only the sight of Nell's pale face and my mother holding her hand, at all gave me any shred of courage. But, nevertheless, I went, with my tall, blue-banded hat in hand and my Damascus sword by my side, to the stance. And there I told all that I had seen—first of the murder at the Chapel of St Leonards, with the matter of the Grey Man who sat his horse a little way apart among the sandhills. Yet could I not declare on mine oath that I knew of a certainty that this man was the accused John Mure of Auchendrayne. Though as between man and man I was wholly assured of it.

I told also of the sending of the letter and of the confusion of the lad upon his return from the house of Auchendrayne, and of all the other matter which came under my observation, even as I have detailed them in this history, but more briefly. Then a tall, thin, leathery man, Sir John Russell the name of him, advocate for the Mures, stood up and tried to shake me in my averments. But he could not—no, nor any other man. For I wasted no thought on what I ought to say, but out with the plain truth. So that he could not break down the impregnable wall of the thing that was, neither make me say that which was not.