Trial of Duncan Terig

The Lords Justice Clerk and Commissioners of Justiciary, having considered the indictment pursued at the instance of William Grant of Prestongrange, Esq., His Majesties Advocate for his Majesties interest, against Duncan Terig alias Clerk, and Alexander Bain Macdonald, both now prisoners in the Tolbooth of Edinburgh, panels, with the foresaid debate thereupon: They find the said indictment relevant to infer the pains of law; but allow the panels to prove all facts and circumstances that may tend to elide the indictment, or exculpate them, or either of them, from the guilt of the crime therein libelled: And remit the panels, with the indictment as found relevant, to the knowledge of an assize.

(Signed)

Ch. Areskine

, I.P.D.

The Lords continue the diet at the instance of his Majesties Advocate, against the said two panels, till to-morrow at seven o'clock in the morning, and witnesses and assizers then to attend, each under the pain of law, and the panels to be carried back to prison.

CURIA JUSTICIARIA S. D. N. Regis tenta in Nova Sessionis Domo Burgi de Edinburgh undecimo die mensis Junij 1754, per honorabiles viros Carolum Areskine de Alva, Justiciarium Clericum, Dominum Gilbertum Elliot de Minto, Magistros Alexandrum Fraser de Strichen, Patricium Grant de Elchies, et Hugonem Dalrymple de Drummore, et Dominum Jacobum Ferguson de Killkerran, Commissionarios Justiciarios dict. S. D. N. Regis.

Curia legittime affirmata,

Intran.

Duncan Terig alias Clerk, and Alexander Bain Macdonald, both prisoners in the Tolbooth of Edinburgh, panels indicted and accused as in the former Sederunt.

The Lords proceeded to make choice of the following persons to pass upon the assize of the said Duncan Terig alias Clerk, and Alexander Bain Macdonald; to wit,—

Archibald Wallace, merchant in Edinburgh.

William Tod, senior, merchant there.

Andrew Bonnar, merchant there.

Robert Forrester, merchant there.

Walter Hogg, merchant there.

Alexander Crawford, baker in Edinburgh.

John Heriot, candlemaker there.

John Sword, merchant there.

William Ormiston, bookbinder there.

William Braidwood, candlemaker.

William Sands, bookseller in Edinburgh.

John Dalgleish, watchmaker there.

George Gray, merchant there.

John Welsh, goldsmith there.

James Gilliland, goldsmith there.

The above assize all lawfully sworn, and no objection to the contrary—

The panels and their procurators admitted the two judicial declarations libelled on, were emitted by them, before the two Judges therein named; and the said panels both now judicially adhere to the same, with this variation for Alexander Bain Macdonald, that it was a mistake in his said declaration, where it is said, that he went home to the house in Allanquoich, where he staid that night, and did not see Duncan Clerk any more that day after they parted on the hill, the true fact being, that he did not go home to the house in Allanquoich where he resided, till the night thereafter, and in the evening of that night went to the house of Duncan Clerk's father, where he found Duncan Clerk, and staid all night, and that the reason of his former mistake was, that he by himself went again to the hills upon the twenty-ninth in quest of the deer which he had wounded the preceding day, and returned to his own house the evening of the said twenty-ninth; and this admission is signed by the said Duncan Clerk, and by Mr Alexander Lockhart, procurator for the other panel, who declares he cannot write.

(Signed)

Duncan Clerk.

Alex. Lockhart.

Thereafter, His Majesty's Advocate for proof adduced the following witnesses; viz.—