harvest, on a Sunday afternoon, a woman, who said she had been in the hill, came in where the Serjeant and the deponent were sitting at dinner, and said, that she had seen two men in highland clothes, and armed, lying at the mouth of a cave, who seemed to be herding two cows which she saw, and upon her coming near them, consulted among themselves whether they should not bind her lest she should return and advertise Serjeant Davies and his party; but however, she had got away, and had come immediately to give notice to the Serjeant and his party, whereupon he and a party of six men went up in quest of them, but found nobody, neither did the deponent hear any more of that matter afterwards, Causa scientiæ patet: And this is truth, as she shall answer to God; and declares she cannot write.

Donald Farquharson, in Glendee, married man, who being solemnly sworn, purged of malice and partial council, and interrogate, depones, That in summer one thousand seven hundred and forty-nine, Arthur Davies, late serjeant in General Guise's regiment, was with a serjeant's command of soldiers stationed in Dubrach, in Glendee, in Braemar, in Aberdeenshire; and the Serjeant, with his wife, the preceding witness, stayed in the house of Michael Farquharson, the deponent's father, where the deponent also stayed: Depones, That the Serjeant was a sober well behaving man, very civil to the country, and, so far as the deponent knew, had the good-will of the country: That he was a good manager of his money; and the deponent has seen with him a good deal of gold, which he commonly kept in a long purse, either blue or green, the deponent does not remember which, and he had also another purse, in which he kept his silver: That he had a silver watch, with a seal hanging at it, and silver buckles in his shoes, and knees of his breeches: That the deponent has seen two vests with him, one with a white stripe, and the other of a roe's skin; and that he had a set of silver buttons for a vest, which he used with the one or other as he had occasion: That he had also two rings, which he told the deponent were gold, the one of them a large coarse ring, with a knob on the one side of it, either of the shape of a seal or a heart, the deponent does not remember which: Depones, That when Serjeant Davies went a-shooting or fishing, he was commonly dressed in one of the above vests, and a blue meet upper coat, or surtout, with highland brogues, which he had purchased for the purpose, and had caused to be made so as to be tied with silver buckles: Depones, That on the above gold ring with the knob, there was upon the upper side of the knob some scores that the deponent did not understand the meaning of: Depones, That the Serjeant was wont frequently to take out his purse, either in paying or receiving money, or some time even in playing with children; and that when he went a- hunting or shooting, he always wore a laced hat, with a silver button: Depones, That the last time the deponent saw him was on Wednesday the twenty-seventh day of September, one thousand seven hundred and forty-nine, the deponent having gone that day to the fair at Kirkmichael, eighteen miles from his father's house, and did not return till Saturday thereafter: Depones, That at his return, passing by the house where the soldiers were quartered, one of them named Patrick Ogilvie, asked the deponent whether he had seen Serjeant Davies at the fair? and the deponent having answerd that he did not see him, and that certainly he had not been there, or he would have seen him, Ogilvie then said he was afraid of him, for that he had gone away upon the Thursday to meet a patrol from Glenshee, and had not yet returned; that they supposed he had gone with that patrol to the fair, but that since he was not there, he suspected he had been murdered; and the deponent never saw him alive since that time: Depones, That the captain of that command to whom the Serjeant belonged, hearing that he was amissing, sent a party of men on the Sunday to Dubrach to search for his body, and went with them for three or four following days, but without any success: Depones, That in the month of June seventeen hundred and fifty, the deponent was told by the people in his father's house, that Alexander Macpherson, alias M'Gillas, had been there inquiring for him, and wanted much to see him, and desired the deponent would go to his master's sheilling in Glenconie, about two miles' distance from Dubrach, and that he wanted much to speak to him: That after some days the deponent went to him, when Macpherson told him that he was greatly troubled with an apparition, the ghost of the deceased Serjeant Davies, who insisted that he should bury his bones; and that he having declined to bury them, the ghost insisted that he should apply to the deponent, saying that he was sure Donald Farquharson would help to bury his bones: That the deponent could not believe that he had seen such an apparition, upon which Macpherson desired him to go along with him, and he would show him the bones, and the place where he had found them: That the deponent went along with him, which he did the rather that he thought it might possibly be true, and if it was, he did not know but the apparition might trouble himself: Depones, That they accordingly found the bones in a peat-moss, where peats had been casten above ground, and near to the top of a hill: That the place was distant from Dubrach between two and three miles, between Glenchristie and Glenconie, and about half a mile from the road the patroling parties commonly take from Dubrach to Glenshee: That the spot where the body was lying had the surface of the ground entire, and no peats had been casten there: That the flesh had been mostly consumed from the bones, and the head separated from the body, and the hair lying by itself, separated from the head; and depones, that the hair was of the same colour with the Serjeant's hair, a mouse colour: That they also found some blue cloth, all torn in rags, some of it under the body, and some of it lying by the body; and it appeared to the deponent to be of the same kind of cloth with that of the blue coat that the Serjeant commonly wore when he went a-shooting: Depones, That the bones were not all lying together, but were scattered asunder, particularly some of the joints of his arms, and one of his legs; and that some of them were scattered at the distance of several yards: Depones, That Macpherson told him that when he first found the bones, which was about eight days before, that they were lying farther off, under a bank, and he drew them out with his staff: Depones, That they also found a pair of brogues, which appeared to the deponent to be of the same kind with what the Serjeant wore, only with this difference, that the taggs for the buckles were cut away, which seemed to have been done with a knife: Depones, That he asked Macpherson whether the apparition had told him by whom he had been murdered: That Macpherson said he had asked the question, and the apparition answered, that if he had not asked him, he would have power to have told him: That the deponent also asked him if the apparition had given him any orders about carrying his bones to a churchyard: Depones, That Macpherson said he had given no answer, and thereupon they agreed to bury him in that place; and accordingly they dug a hole in the moss, with the shaft of a shovel that Macpherson had, and buried the bones there, and laid a part of the blue cloth under the bones, and a part of it above it, and covered all with some turfs that they had tore up from the moss; and being showed a fusee, depones, that one day the Serjeant and the deponent went out a-deer-hunting, and the Serjeant, in loading his gun, which was either a French or a Spanish piece, happened to put in a ball that was too large for the bore, so that he could not, with the ram-rod, drive it down to the powder: That the deponent advised him to