Compeared, James Macdonald in Allanquoich, solemnly sworn, purged of malice and partial council, aged thirty-one years, married, examined and interrogate: Depones, That it is about two or three years since Clerk, the panel, was married to Elizabeth Downie, Alexander Downie's daughter, and hearing it reported in the country, that he should have said, that if his son-in-law had not killed Serjeant Davies, Serjeant Davies would have killed him: That the deponent asked of Alexander Downie, about lentron last, whether he had said so? and Alexander Downie acknowledged to him that he had said so: And the deponent heard that the occasion of this report in the country was, that Alexander Downie being at a miln, some of the people there upbraided Alexander Downie with his son-in-law Clerk, the panel, his having killed the said Serjeant: And Downie said, as the deponent heard, what could his son-in-law do, since it was in his own defence: Depones further, That he saw upon Elizabeth Downie, Clerk's wife, her thumb, a yellow ring, which he took to be gold; and this he saw after her marriage, having a little knap upon it like into a seal, having scores or lines round about it, and this he saw frequently upon her hand, which ring the deponent suspected to be Serjeant Davies's ring, and it was so suspected in the country. Causa scientiæ patet. And this is the truth: And says further, That Clerk the panel, was reputed to be guilty of thieving in the country, but that he heard nothing to the prejudice of M'Donald's character: And being interrogate for the panel, depones, That he never heard Clerk the panel, guilty of any particular theft except one of a parcel of sheep, from one Alexander Farquharson in Inverey, about nine or ten years ago. All which is truth, as he shall answer to God; and depones he cannot write.
| (Signed) | Alexr Fraser. |
Compeared Peter M'Nab in Wester Micras, aged fifty-seven years, solemnly sworn, purged of malice and partial council, examined and interrogate: Depones, That it is now about four years ago, since he heard it reported in the country, that the two men, Clerk and Macdonald, the panels, were the people who murdered Serjeant Davies, and a little time after Elizabeth Downie was married to Clerk the panel: The deponent happened to be in Alexander Downie her father's house, and then saw upon her finger a ring, pretty massy, having a lump upon it pretty large; and the deponent got the ring into his hand, and the lump appeared to the deponent to be something in the shape of a heart: And the deponent asked Elizabeth Downie how she came by that ring? to which she answered, that she had bought it from one James Lauder, a merchant: The deponent replied, that he thought it was cheap and worth more money, and that it was reported in the country, that the said Elizabeth Downie was wearing rings of Serjeant Davies's, but he never saw her have any but that one: And further adds, that he never heard any other suspected of the murder of Serjeant Davies but the panels, except once, that it was suspected to have been done by caterers; and he also heard, for a twelvemonth after Serjeant Davies was amissing, that he had deserted; nevertheless the general report or belief of the country was, that the two panels had murdered him. Causa scientiæ patet. And this is the truth, as he shall answer to God.
| (Signed) | Peter MacNab. |
| Alexr Fraser. |
Compeared Isobel Ego, in Teantoul, aged eighteen years, or thereby, solemnly sworn, purged of malice and partial council, examined and interrogate by the sworn interpreter aforesaid, Depones, That about four years ago she found upon the Hill of Christie a silver-laced hat, with a silver-button on it; which hat she carried home to her master, Alexander Macdonald in Inverey, and delivered it to him. Causa scientiæ patet. And this is the truth, as she shall answer to God; and depones she cannot write. And this deposition is subscribed by the foresaid sworn interpreter.
| (Signed) | Duncan Campbell. |
| Alexr Fraser. |
Compeared Alexander Macdonald, in Inverey, aged thirty years and upwards, married; solemnly sworn, purged of malice and partial council, examined and interrogate, Depones, That about four or five years ago, after Serjeant Davies was amissing, his servant-maid, Isobel Ego, the immediate preceding witness, being sent to the hills of Inverey to look for some horses, when the said servant-maid returned, she told the deponent's wife, as she told him, that she had come home richer than she went out, having found in the hill a silver-laced hat: That his wife, upon seeing the said hat, had no peace of mind, believing it to be Serjeant Davies's hat, and desired it might be put out of her sight: That the deponent, who was abroad, having come home, took the hat and put it below a stone near to a burn which run by his shealling, where his wife then was: That the hat was carried away from under the said stone, but who it was that carried it off the deponent knows not. Causa scientiæ patet. And this is the truth, as he shall answer to God; and depones he cannot write. And this deposition is signed by the said sworn interpreter.
| (Signed) | Duncan Campbell. |
| Alexr Fraser. |
Donald Downie, at the miln of Inverey, aged thirty years or thereby; solemnly sworn, purged of malice and partial council, by the sworn interpreter aforesaid, and by him interrogate, Depones, That he was loading his horse with corn, to be carried into the barnyeard at the miln of Inverey, upon that day that Serjeant Davies was amissing: That between the midday and sunset he heard three gunshots, but cannot tell from what particular place the sound came: That the three shots were pretty near one another, and all within less than a quarter of an hour. Depones, That the Hill of Christie, libelled, is about a mile's distance to the entrance thereof from the place where he then was, and that it will be at least three miles from there to the place where the bones were found. Depones, That he was told that Isobel Ego, a preceding witness, found a hat in the Hill of Christie, which she brought home and delivered to her master: That he heard her master hid it at the Burnside, under a stone: That some time thereafter some of the bairns of Inverey found the said hat, and brought it to his the deponent's father's house, where he saw it; and the hat libelled being shown to him, depones, he having inspected it, That it is the same hat which was so brought to his father's house, and pointed out the letters D. A. thereon at deponing, and that he himself delivered the said hat to James Small, factor on the estate of Strowan. Causa scientiæ patet. And this is the truth, as he shall answer to God.
| (Signed) | Duncan Campbell. |
| Alexr Fraser. |