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قراءة كتاب Trial of Duncan Terig, alias Clerk, and Alexander Bane Macdonald for the Murder of Arthur Davis, Sergeant in General Guise's Regiment of Foot
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Trial of Duncan Terig, alias Clerk, and Alexander Bane Macdonald for the Murder of Arthur Davis, Sergeant in General Guise's Regiment of Foot
TRIAL
OF
DUNCAN TERIG ALIAS CLERK,
AND ALEXANDER BANE MACDONALD,
FOR
THE MURDER
OF
ARTHUR DAVIS,
SERGEANT IN GENERAL GUISE'S REGIMENT OF FOOT.
JUNE,
A.D. M.DCC.LIV.
EDINBURGH:
PRINTED BY BALLANTYNE AND COMPANY.
1831.
TO
THE MEMBERS
OF
THE BANNATYNE CLUB,
THIS COPY OF A TRIAL,
INVOLVING A CURIOUS POINT OF EVIDENCE,
IS PRESENTED
BY
WALTER SCOTT.
FEBRUARY, M.DCCC.XXXI.
THE BANNATYNE CLUB.
M.DCCC.XXXI.
SIR WALTER SCOTT, BART.
[PRESIDENT.]
THE EARL OF ABERDEEN, K.T. | |
RIGHT HON. WILLIAM ADAM, LORD CHIEF COMMISSIONER OF THE JURY COURT. |
|
JAMES BALLANTYNE, ESQ. | |
SIR WILLIAM MACLEOD BANNATYNE. | 5 |
LORD BELHAVEN AND STENTON. | |
GEORGE JOSEPH BELL, ESQ. | |
ROBERT BELL, ESQ. | |
WILLIAM BELL, ESQ. | |
JOHN BORTHWICK, ESQ. | 10 |
WILLIAM BLAIR, ESQ. | |
THE REV. PHILIP BLISS, D.C.L. | |
GEORGE BRODIE, ESQ. | |
CHARLES DASHWOOD BRUCE, ESQ. | |
THE DUKE OF BUCCLEUCH AND QUEENSBERRY. | 15 |
JOHN CALEY, ESQ. | |
JAMES CAMPBELL, ESQ. | |
HON. JOHN CLERK, LORD ELDIN. | |
WILLIAM CLERK, ESQ. | |
HENRY COCKBURN, ESQ. | 20 |
DAVID CONSTABLE, ESQ. | |
ANDREW COVENTRY, ESQ. | |
JAMES T. GIBSON CRAIG, ESQ. | |
WILLIAM GIBSON CRAIG, ESQ. | |
HON. GEORGE CRANSTOUN, LORD COREHOUSE. | 25 |
THE EARL OF DALHOUSIE. | |
JAMES DENNISTOUN, ESQ. | |
ROBERT DUNDAS, ESQ. | |
RIGHT HON. W. DUNDAS, LORD CLERK REGISTER. | |
CHARLES FERGUSSON, ESQ. | 30 |
ROBERT FERGUSON, ESQ. | |
LIEUT.-GENERAL SIR RONALD C. FERGUSON. | |
THE COUNT DE FLAHAULT. | |
HON. JOHN FULLERTON, LORD FULLERTON. | |
LORD GLENORCHY. | 35 |
THE DUKE OF GORDON. | |
WILLIAM GOTT, ESQ. | |
SIR JAMES R. G. GRAHAM, BART. | |
ROBERT GRAHAM, ESQ. | |
LORD GRAY. | 40 |
RIGHT HON. THOMAS GRENVILLE. | |
THE EARL OF HADDINGTON. | |
THE DUKE OF HAMILTON AND BRANDON. | |
E. W. A. DRUMMOND HAY, ESQ. | |
JAMES M. HOG, ESQ. | 45 |
JOHN HOPE, ESQ. | |
COSMO INNES, ESQ. | |
DAVID IRVING, LL.D. | |
JAMES IVORY, ESQ. | |
THE REV. JOHN JAMIESON, D.D. | 50 |
ROBERT JAMESON, ESQ. | |
SIR HENRY JARDINE. | |
FRANCIS JEFFREY, ESQ. LORD ADVOCATE. | |
JAMES KEAY, ESQ. | |
THOMAS FRANCIS KENNEDY, ESQ. | 55 |
JOHN G. KINNEAR, ESQ. [TREASURER.] | |
THE EARL OF KINNOULL. | |
DAVID LAING, ESQ. [SECRETARY.] | |
THE EARL OF LAUDERDALE, K.T. | |
THE REV. JOHN LEE, D.D. | 60 |
THE MARQUIS OF LOTHIAN. | |
HON. J. H. MACKENZIE, LORD MACKENZIE. | |
JAMES MACKENZIE, ESQ. | |
JAMES MAIDMENT, ESQ. | |
THOMAS MAITLAND, ESQ. | 65 |
THE HON. WILLIAM MAULE. | |
GILBERT LAING MEASON, ESQ. | |
VISCOUNT MELVILLE, K.T. | |
WILLIAM HENRY MILLER, ESQ. | |
THE EARL OF MINTO. | 70 |
HON. SIR J. W. MONCREIFF, LORD MONCREIFF. | |
JOHN ARCHIBALD MURRAY, ESQ. | |
WILLIAM MURRAY, ESQ. | |
JAMES NAIRNE, ESQ. | |
MACVEY NAPIER, ESQ. | 75 |
FRANCIS PALGRAVE, ESQ. | |
HENRY PETRIE, ESQ. | |
ROBERT PITCAIRN, ESQ. | |
ALEXANDER PRINGLE, ESQ. | |
JOHN RICHARDSON, ESQ. | 80 |
THE EARL OF ROSSLYN. | |
ANDREW RUTHERFURD, ESQ. | |
THE EARL OF SELKIRK. | |
RIGHT HON. SIR SAMUEL SHEPHERD. | |
ANDREW SKENE, ESQ. | 85 |
JAMES SKENE, ESQ. | |
GEORGE SMYTHE, ESQ. | |
EARL SPENCER, K.G. | |
JOHN SPOTTISWOODE, ESQ. | |
THE MARQUIS OF STAFFORD, K.G. | 90 |
MAJOR-GENERAL STRATON. | |
SIR JOHN ARCHIBALD STEWART, BART. | |
THE HON. CHARLES FRANCIS STUART. | |
ALEXANDER THOMSON, ESQ. | |
THOMAS THOMSON, ESQ. [VICE-PRESIDENT.] | 95 |
W. C. TREVELYAN, ESQ. | |
PATRICK FRASER TYTLER, ESQ. | |
ADAM URQUHART, ESQ. | |
RIGHT HON. SIR GEORGE WARRENDER BART. | |
THE VENERABLE ARCHDEACON WRANGHAM. | 100 |
TO THE
RIGHT HONOURABLE
SIR SAMUEL SHEPHERD,
THIS CURIOUS TRACT,
RESPECTING PERHAPS THE ONLY SUBJECT OF LEGAL ENQUIRY
WHICH HAS ESCAPED BEING INVESTIGATED BY HIS SKILL,
AND ILLUSTRATED BY HIS GENIUS,
IS RESPECTFULLY INSCRIBED,
BY HIS AFFECTIONATE FRIEND, AND MUCH
OBLIGED HUMBLE SERVANT,
WALTER SCOTT.
15th Feb., 1831.
INTRODUCTION.
Although the giving information concerning the unfair manner in which they were dismissed from life, is popularly alleged to have been a frequent reason why departed spirits revisit the nether world, it is yet only in a play of the witty comedian, Foote, that the reader will find their appearance become the subject of formal and very ingenious pleadings. In his farce called the Orators, the celebrated Cocklane Ghost is indicted by the name of Fanny the Phantom, for that, contrary to the King's peace, it did annoy, assault, and terrify divers persons residing in Cocklane and elsewhere, in the county of Middlesex. The senior counsel objects to his client pleading to the indictment, unless she is tried by her equals in rank, and therefore he moves the indictment be quashed, unless a jury of ghosts be first had and obtained. To this it is replied, that although Fanny the Phantom had originally a right to a jury of ghosts, yet in taking upon her to knock, to flutter, and to scratch, she did, by condescending to operations proper to humanity, wave her privileges as a ghost, and must consent to be tried in the ordinary manner. It