As to the first article, of my being art and | own it, they would be made prisoners; as all part, accessory to Glenure's murder, I posi- the poor people were put in such a terror by a tively deny, directly or indirectly; nor do I military force kept in different parts of the know who was the actor, further than my sus-country, that they, I mean the poor countrypicion of Allan Breck Stewart, founded upon people, would say whatever they thought circumstances that have cast up since the pleased my prosecutors best. murder happened: and 1 do declare, that it I declare what John Dow Breck Maccoll, was not from any conviction of his being guilty bouman in Koalisnacean, deponed in regard to of that crime I sent him money to carry him my coming to Glenure's window, was false; off the country; but out of charity and friend- and that at the time be condescended on I ship I had for him, not only as a relation, but should have said so, being two years ago, I likewise as a pupil left to my charge by his was in very good friendship with Glenure, father; and as a person who kept close by my which his letters to me about that time testify. brother in his greatest distress, when lurking, As to the story John More Maccoll, Dougal before he got off the country; and that I knew Maccoll, and Johu Beg Maccoll, my servants he was a deserter, so durst not stand a precog- told, they heard me say in my brew-house, nition. I also declare, it was without my that if Glenure did live five years, he would be knowledge he carried any part of my clothes laird of Appin; and that I saw people in Appin with him, from my house, upon the Tuesday that would not allow Glenure to go on at such before the murder. Nor did I know where he a rate; this I do not remember. But this I was, or where he had gone to from that time, can safely say, that John Beg Maccoll came until Donald Stewart, nephew to Ballachelish, iuto the gaol at Inverary to see me, next day came to me Friday after that unlucky action after my sentence was passed, crying and happened, and told Allan Breck was at Koalis-tearing as if he was half-mad, and told me, nacoan, and begged I might send him some money to help him off the country, as he durst not appear publicly, for fear of being secured for the above reason of his being a deserter; and the said Donald Stewart told me, that Allan Breck assured him he had no hand in the murder. I likewise declare, though it is set forth in my indictment that Allan Breck frequented my house and company most of any place since he came to the country in March last, that I did not see him but thrice from his coming till he went away from the country. The first time was, two nights before I went to Edinburgh in the beginning of April last. The next or second time was about eight days after my return from Edinburgh, which was about the last days of April, as I best remember, when he stayed but one night that I was at home. The third and last time was upon the Monday before Glenure's murder, that he came to my house about one of the clock after noon, and stayed that night; and the next morning I went from home, which was Tuesday, before he was out of bed: nor did I see him that day, or since. Nor can I remember Glenure's name was spoke of in his company either of the two last times, unless it was he that told me Glenure was gone for Lochaber upon the Monday; as to which I cannot be positive; but I am very sure there was no word of destroying him in any way spoke of. The first time he must have heard me talk of Glenure, as I told him I was going to give in a memorial for the tenants to the barons of exchequer. It is also set forth in my indictment, that it was of my own accord, and not at the desire of the tenants, I went to make application for them in law. I do declare it was their desire that all lawful ways should be taken to keep them in possession; and do assure myself that nothing obliged them to refuse that, but fear and ignorance; believing, that if they should that the night Dougal Maccoll and he himself were on their way to Inverary, at the strath of Appin, Ewan Roy Maccoll, portioner of Glassdrim, and the said John More Maccoll brought two bottles of aquavitæ into the barn where they were confined, and wrought upon them to make up that story; and made them believe that it could not hurt me, and would gain them friendship at Barcaldine's hand. I truly believe, though it were truth, that it could not hurt any other person, though any thing was proof enough against a man so ill looked upon as I seemed to be. Alexander Stewart, packman, deponed several falshoods; particularly in regard of the five guineas he said I desired him to tell William Stewart merchant in Maryburgh, to give John Dow Breck credit in, for Allan Breck's use; and his saying I desired him to get only 47. sterling from William Stewart, for paying milk-cows bought for his use at Ardshiel; whereas he was only desired to get 8l. sterling for paying these cows, as they in truth were bought for William Stewart's use. I declare the reason why I did not challenge them at the bar was, that my lawyers desired me, though I heard a witness swear falsely, not to speak, otherwise I should be worse looked upon: so that I hope the unbiassed will believe that my silence did not proceed from fear, as alledged by my enemies; but in obedience to the advice given me by my counsel, which I was determined to follow whatever should happen. That there were plenty of bribes or rewards offered to severals, I am well assured. Particularly, Donald Ranken, herd to Ballachelish, a young boy, was offered eighteen hundred merks; which are his own words: but he was kept close prisoner at Inverary, so that none of my friends had access to put any questions to him. John Maccombich, late miller in the mill of Ardshiel, was offered his former pos session of the mill, for telling any thing would answer their turn. Duncan Maccombich and Duncan Maccoll, both in Lagnaha, were of fered as much meal as they pleased to call for at Fort-William, if they would make any discoveries. I now leave the world to judge, what chance a man had for his life, when such bribes were offered to poor, ignorant countrypeople? or what assurance can any man have but such bribes prevailed with some of those who did make oath? As to the uncommon hardships put upon me under my confinement, they were many: such as, being taken into custody without any written warrant, upon the 16th day of May last; carried through night to Fort-William, where I was kept close prisoner; not allowed to see any of my friends, or any that could give me counsel, until, about the 20th of June, there came a letter from Mr. William Wilson, directed to my wife, with the act of parliament discharging close imprisonment longer than eight days; which, when shewn to colonel Crawfurd, who then commanded the fort and troops, he allowed my wife and some others to see me: but would not allow such as I thought could be of most use to me to come near me; parti cularly Mr. Stewart younger of Ballachelish, who came with some law-advices to me, would not be admitted; nor would Charles Stewart writer, or William Stewart merchant in Maryburgh, get any admittance. In short, any who could be supposed to be of any service to me in making my defences, were not permitted access to me. I do not impute this usage to colonel Crawfurd, for whom I retain a very great regard, and who did not want humanity, had be not got a very bad impression of me from my prejudiced prosecutors. And when col. Crawfurd left Fort-William some time in the beginning of July, the new governor would allow none to come near me, turned my wife twice from the fort, and discharged her to stay in Maryburgh. And in that close situation was I kept, until my indictment came to hand about the latter end of August; so had no way to make up my defences: nor durst any of my friends in the country offer to do for me, otherwise would be laid up prisoners; and those who I expected had most to say for my exculpation, were taken prisoners, and kept close till my trial, so had not access to put any questions to them,* by which they were not ready to make their answers when called at the bar. I am far from charging the governor with this hard usage, who appears to be a good-natured man, but had his orders so to use me. When my trial came on, I found it was not only Glenure's murder I had to answer for, of which I thank God my conscience could easily clear me, but the sins and follies of my forefathers were charged against me, such as the * "An application to give admittance to the pannel's sons and servants was refused."-See Suppl. p. 16. VOL. XIX. rebellion in 1715, in 1719, and 1745; so could not be allowed the character of an honest man: notwithstanding that I firmly believe, there was none present but who was either himself, or came of people that were concerned in rebellion some time or other. God forbid they should be all called villains upon that account; as the greatest sinner, upon his repenting, may turn saint. I was a schoolboy in the year 1715, and was but little more in the year 1719; and if I had the misfortune to be concerned in the year 1745, I was indemnified; and have done nothing since to incur the government's displeasure, that I am conscious of. Another surprising charge against a man in a Christian country came in against me; which was, that I was a common parent to fatherless children, and took care of widows in the country, which gained me great influence over the people, by which they were much led by me; or some words to that purpose. I hope soon to appear before a judge who will reward charity and benevolence in a different way: and I only regret how little service was in my power to do, not only to the fatherless and widows, but to all mankind in general; as I thank God I would make all the race of Adam happy if I could. Another charge, and a heavy one, was, that when subfactor to Glenure I exacted more rents of the tenants than was paid to the exchequer, and which superplus rents I wrongously applied, either to my own use, or to the behoof of my brother Ardshiel's children. I own I did get some acknowledgments from some of the tenants, with the knowledge and consent of the factor Glenure; and do declare, that I was as assiduous as in my power, in acting for the benefit of said children, and that I did account to their behoof for all I could make of these lands, over and above the rent paid to the factor: and thought it no crime so to do; but to the contrary, thought it my duty, to which I was bound by the ties, not only of nature, but also of gratitude, being the distressed offspring of a very affectionate, loving brother, to whom I was under many obligations; and whose misfortunes (I am weli assured) proceeded from a conviction of his doing his duty, which may be construed by some to be owing to the prejudice of his education. I do declare, that I made no confession of the crime alleged against me, at Inverary, or elsewhere; and that I had it not to make. Nor can I remember, that any there asked me the question, excepting Mr. Alexander Campbell minister; who, I am persuaded, could not be capable of being author of that false calumny, which must have been raised by some malicious persons. May God forgive them! It is very true, that I told Mr. Campbell I had no personal love for Glenure, and that I was sorry how few in his neighbourhood had. But I hope no man would construct that as if I had an intention to murder him. I also told him, that I had the charity to be S lieve, that the bulk of the jury thought I had some foreknowledge of the murder. Yet I still think, and not without some reason, that they gave themselves too little time to consider the proofs of either side, but gave in their verdict upon the prepossessed notion of guilt. What must convince all well-thinking people of their being so prepossessed, is their stopping one of my lawyers twice in his speech to them after the witnesses were examined. Mr. Campbell of South-hall, if I noticed right, was the first that interrupted my lawyer. There was some other who also spoke, and who I did not know. I am told this is not often practised in Christian countries; but there are many ways taken upon some emergencies for answering a turn; and it appears I must have been made a sacrifice, whoever was guilty. As to what Alexander Campbell in TaynaJuib deponed, That I did not know what I should help any of his name to, if it was not to the gallows; I do remember part of what passed, though my memory is not quite so good as Mr. Campbell's, or Colin Maclaren's: but this far I can safely say, upon the word of a Christian going into eternity, that I had no other intention in what I said, than a joke; and if I had any grudge at himself for being Campbell, I was under no necessity to go into his house, as there was another public house within a gun-shot of his door. As to what Ewan Murray and Colin MacJaren deponed, in regard to my telling them, that I had given a challenge to Glenure; I own I was wrong in telling them that story, as it was a thing they had no concern in. And as to what Colin Maclaren deponed I should have said upon the road, after parting with Ewan Murray; I solemnly declare I do not remember one word that passed, being much the worse of liquor, as he himself owned upon oath. I do declare, that I frankly forgive all these evidences and jury, as freely as I want forgiveness of my sins; and do from my heart pray, that God may pardon them, and bring them to a timeous repentance; and that they may not be charged with my innocent blood, as I never intended any of them the least harm. My dearest friends and relations; I earnestly recommend and intreat you, for God's sake, that you bear no grudge, hatred, or malice, to those people, both evidence and jury, who have been the means of this my fatal end. Rather pity them, and pray for them, as they have my blood to answer for. And though you hear my prosecutors load my character with the greatest calumny, bear it patiently, and satisfy yourselves with your own conviction of my innocence. And may this my hard fate put an end to all discords among you, and may you all be united by brotherly love and charity. *"Two of the jury did speak, when the pannel's lawyer was summing up the proof, which disconcerted him." See Supplement, p. 64. And may the great God protect you all, and guide you in the ways of peace and concord, and grant us a joyful meeting at the great day of judgment. I remember Mr. Alexander Campbel minister at Inverary, for whom 1 have a great value for his kind and good advices, told me, that the fear of discovering any of my friends might be a temptation to me from making any confession of my knowledge of that murder. Therefore, to do my friends justice, so far as I know, I do declare, that none of my friends, to my knowledge, ever did plot or concert that murder; and I am persuaded they never employed any person to accomplish that cowardly action; and I firmly believe, there is none of my friends who might have a quarrel with that gentleman, but had the honour and resolution to offer him a fairer chance for his life, than to shoot him privately from a bush. Mr. Brown of Colston, Mr. Miller, Mr. Stewart younger of Stewarthall, and Mr. Mackintosh, were my counsel, and Mr. Stewart of Edinglassie my agent. I do declare, that I am fully satisfied they did me justice; and that no part of my misfortune was owing to their neglect, or want of abilities. And as they are men of known honour, I hope they will do justice to my behaviour during the trial. I give it as my real opinion, that if Allan Breck Stewart was the murderer of Glenure, that he consulted none of his friends about it. I conclude with my solemn declaration, that I tamely submit to this my lot, and severe sentence; and that I freely resign my life to the will of God, that gave me my first breath; and do firmly believe, that the almighty God, who can do nothing without a good design, brought this cast of providence in my way for my spiritual good. I die an unworthy member of the episcopal church of Scotland, as established before the Revolution, in full charity with all mortals; sincerely praying God may bless all my friends and relations, benefactors and well-wishers; particularly my poor wife and children, who in a special manner I recommend to his divine care and protection; and may the same God pardon and forgive all that ever did or wished me evil, as I do from my heart forgive them. I die in full hopes of mercy; not through any merit in myself, as I freely own I merit no good at the band of my offended God; but my hope is through the blood, merits, and mediation of the ever blessed Jesus, my Redeemer and glorious Advocate, to whom I recommend my spirit. Come, Lord Jesus, come quickly. JAMES STEWART. Mr. Coupar, minister, showed me some queries a few days ago, which he was desired to put to me. They are all answered already in my speech, excepting two; which are, Whether I knew Allan Breck's route from Ballachelish to Koalisnacoan, and from thence to Rannoch, before the murder happened? Answer, I declare before God, I did not. Whe afterwards by Macgregor himself, who had the impudence to call at a gentleman's house, November 17, the day after be made his escape out of Edinburgh castle; where being challenged for making such a declaration, he did not pretend to deny it, but averred, that every thing he had said in it was true." Supplement to the Trial of James Stewart, ther I interceded with James Drummond, in the Tolbooth of Edinburgh, to persuade or en. tice his brother Robert, who was already outlawed, to murder Glenure, and that I would give him a good gun for that purpose, and money for carrying him off the country, and that Ardshiel's interest would procure him a commission in France? Answer, I declare before God, there never passed such words betwixt James More Drummond and me, or any proposals to that effect. JAMES STEWART. "Notice has already been taken of this James More Drummond; a fellow nursed in villany; who having been disappointed in the scheme, he owned, he had laid for procuring favour to himself, did, in order to supply the want of his viva voce testimony against James Stewart at Inverary, send thither one in writing, declaring as above in the postscript of the dying speech. This declaration had been perused, and was rested upon by one at least of the lawyers of the other side, as may be seen in the penult and following lines of the 84th page of the trial; and was, it is said, handed about among the jurymen in court. It was acknowledged | of James More Drummond, alias Macgregor, The notice which had been already taken in p. 4 of the Supplement, is, that he was a son of the noted Rob Roy Macgregor, (as to whom see Home's History of the Rebellion) that his name had been inserted in the list of witnesses against the prisoner James Stewart, when he, Drummond, was a prisoner in the Tolbooth of Edinburgh, having been only three weeks before (viz. Aug. 5,) found guilty of a capital crime, and ordered by the lords of justiciary to be kept in close prison till sentence should be passed upon him, that he was not carried to Inverary by reason of an express prohibition from above, but was removed soon thereafter from the city prison to that of Edinburgh castle for the benefit of better air. 530. The Trial of MARY SQUIRES and SUSANNAH WELLS, Widows, for an Assault and Felony committed on the Person of Elizabeth Canning, at the Sessions-House in the Old-Bailey, before the Right Hon. Sir Crisp Gascoyne, knt. Lord Mayor of the City of London, the Hon. Mr. Justice Wright, the Hon. Mr. Justice Gundry, the Hon. Mr. Baron Adams, William Moreton, esq. Recorder, and others his Majesty's Justices of Oyer and Terminer of the City of London, and Justices of GaolDelivery of Newgate, holden for the said City and County of Middlesex, on Wednesday the 21st of February, and continued till Monday the 26th: 25 GEORGE II. a. d. 1753.* MARY SQUIRES, widow, and Susannah | Wells, were indicted; the first, for that she, on the 2d of January, in the dwelling-house of The story of Elizabeth Canning excited a most lively and extensive interest. Her veracity was maintained and denied with the utmost vehemence of opposition. It occasioned daily litigations in the news-papers, and other periodical prints, and gave rise to numerous separate publications, of various sorts and dimensions. The eager simplicity with which the partizans of the girl (like the foolish consulters of a conjuror) had by their questions suggested to her materials for her answers, is well exhibited by Mr. Ramsay the painter, in an essay which he published under the title of a Letter from a Clergyman to a Nobleman, Susannah Wells, widow, on Elizabeth Canning, spinster, did make an assault, putting her the said Elizabeth Canning in corporal fear and danger of her life, and one pair of stays, value 10s., the property of the said Elizabeth, from her person, in the dwelling house, did steal, take, and carry away. And The latter, for that she, well knowing her the said Mary Squires to have done and committed the felony aforesaid on the said 24 of January, her the said Mary did then and there feloniously receive, harbour, comfort, conceal, and maintain, against his majesty's peace, and against the form of the statute. Elizabeth Canning sworn. Elizabeth Canning. I had been to Salt-Petre Bank to see an uncle and aunt; his name is Thomas Colley. 1 set out from home about eleven in the forenoon, and stayed there till about nine at night, on the 1st of January; then my uncle and aunt came with me as far as Aldgate, where we parted; I was then alone, so came down Houndsditch, and over Moorfields by Bedlam wall; there two lusty men, both in great-coats, laid hold of me, one on each side; they said nothing to me at first, but took half a guinea in a little box out of my pocket, and 3s. that were loose. Q. Which man took that?-Canning. The man on my right hand. They took any gown, apron, and hat, and folded them up, and put them into a great-coat pocket. I screamed out; then the man that took my gown put a handkerchief, or some such thing, to my mouth. Were there any persons walking near you at that time?-1 saw nobody. They then tied my hands behind me; after which one of them gave me a blow on the temple, and said, Damn you, you bitch, we'll do for you by and bye. 1 having been subject to convulsion-fits these four years, this blow stunned me, and threw me directly into a fit. Are these fits attended with a struggling?I don't know that. What happened afterwards?—The first thing that I remember after this was, I found myself by a large road, where was water, with the two men that robbed me. Had you any discourse with them?—I had none; they took me to the prisoner Wells's house. About what time do you think it might be? -As near as I can think, it was about four o'clock in the morning. I had recovered from my fit about half an hour before I came to the house. They lugged me along, and said, You bitch, why don't you walk faster? One had hold on my right arm, and the other on the left, and so pulled me along. Can you form any judgment in what manner you was conveyed to the place before you recovered of your fit?-I think they dragged me along by my petticoats, they being so dirty. When you came to Wells's house, was it day-light? No, it was not; I think it was day-light in about three hours, or better, after I was there; which is the reason I believe I was carried in about four o'clock. When you was carried in, what did you see there? I saw the gypsey-woman Squires, who was sitting in a chair, and two young women in the same room; Virtue Hall (the evidence) was one; they were standing against a dresser. Did you see the prisoner (Wells) there?No, I did not. As soon as I was brought in, Mary Squires took me by the hand, and asked me if I chose to go their way, saying, if I did, I should have fine clothes. I said, No. Did she explain to you what she meant by going their way?—No, Sir. Then she went and took a knife out of a dresser-drawer, and cut the lace of my stays, and took them from me. Had you, at that time, any apprehensions of danger?—I thought she was going to cut my throat, when I saw her take the knife. Did you see the prisoner (Wells) at that time?-No, I did not. Was any thing else taken from you?-There was not then; but Squires looked at my petticoat, and said, Here, you bitch, you may keep that, or I'll give you that, it is not worth much, and gave me a slap on the face. Had she the petticoat in her hand ?—No, it was on me. After that, she pushed me up stairs from out of the kitchen, where we were. Describe the kitchen ?-The kitchen was at the right hand going in at the door, and the stairs are near the fire. How many steps to them ?-There are four or five of them. What did they call the name of the place where they put you in ?-They call it the bayloft. The room-door was shut as soon as I was put up. Was it fastened?-I don't know that; it was at the bottom of the stairs in the kitchen. After she shut the door, she said, If ever she heard me stir or move, or any such thing, she'd cut my throat. Did you see any thing brought up to eat or drink?-I saw nothing brought up. When day-light appeared, I could see about the room; there was a fire-place and a grate in it, no bed nor bedstead, nothing but hay to lie upon; there was a black pitcher not quite full of water, and about twenty-four pieces of bread. [A pitcher produced in court. This is the pitcher, which was full to near the neck. How much in quantity do you think these twenty-four pieces of bread might be?-1 believe about a quartern loaf. Had you nothing else to subsist on ?—I had in my pocket a penny mince-pye, which I bought that day to carry home to my brother. How long did you continue in that room?— A month by the weeks, all but a few hours. What do you mean by a month by the weeks? -I mean a four-weeks month. Did any body come to you in the room during that time?—No, Sir, nobody at all. On the Wednesday before I came away, I saw somebody look through the crack of the door, but don't know who it was. Did you, during the time you was in this confinement, make any attempts to come down stairs, or make your escape?—No, Sir, I did not till the time I got out. Had you any thing to subsist on during the time, besides the pieces of bread, penny-pye, and pitcher of water?—No, I had not. At what time did you get out?-I got out about four o'clock in the afternoon on a Monday, after 1 had been confined there four weeks, all but a few hours. How did you get out?-I broke down a board that was nailed up at the inside of a window, and got out there. How high was the window from the ground? -(She described it by the height of a place in |