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A COMPLETE COLLECTION

OF

STATE TRIALS,

&c. &c.

529. The Trial of JAMES STEWART,* in Aucharn in Duror of Appin, for the Murder of Colin Campbell of Glenure, esq. Factor for his Majesty on the forfeited Estate of Ardshiel; before the Circuit Court of Justiciary, held at Inverary in Scotland, on Thursday the 21st, Friday the 22d, Saturday the 25d, and Monday the 25th of September, by his Grace Archibald Duke of Argyll, Lord Justice-General, and the Lords Elchies and Kilkerran, Commissioners of Justiciary: 25 GEORGE II. A. D.

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court of justiciary, messengers at arms, our sheriffs in that part, conjunctly and severally, specially constitute, greeting. Forasmuch it is humbly meant and complained to us, by our right trusty William Grant of Prestongrange, esq. our advocate, for our interest, and also by our lovit Janet Mackay, daughter to the hon. Hugh Mackay of Bighouse, esq. and relict of the deceased Colin Campbell of Glenure, for herself, and on behalf of Elizabeth and Lucy Campbells, her infant children, with concourse of our said advocate, for our interest, upon

* See some observations on this Case in Mr. Burnett's "Treatise on various branches of the Criminal Law of Scotland," chap. 14. Of this and many other remarkable Cases before the Justiciary, no account was given by Mac Laurin in his Collection, because reports of the trials had been previously published. See his Preface, p. 4, contents, p. 15.

James Stewart in Aucharn in Duror of Appin, commonly known or reputed to be the natural brother of Charles Stewart of Ardshiel, attaint

ed, and present prisoner in Fort-William ; and upon Allan Stewart, commonly called Allan Breck Stewart, son to Donald Stewart alias Vic Ean Vic Allister, sometime in Inverchomrie in Rannoch; and since, or sometime after the 18th day of April, 1746, a cadet or soldier in the French king's service, or reputed in this country to have been such.

That whereas, by the law of God, and the laws of this and all other well-governed realms, murder is a most heinous crime, and severely punishable, especially when the same is committed deliberately, and by lying in wait, and from a malice conceived against the person so murdered, on account of the faithful discharge of the duty of his office.

Yet true it is, and of verity, that the said James Stewart and Allan Stewart, commonly called Allan Breck Stewart, complained upon, are guilty, actors, or art and part of the said heinous crime of murder, aggravated as aforesaid, in so far as the barons of our Court of Exchequer in Scotland having, by commission dated the 23d day of February, 1748-9 years, A zealous partisan of Stewart published, under appointed the said Colin Campbell of Glenure the title of a Supplement to the Trial of to be factor upon the lands and estate of ArdJames Stewart," a warm and spirited arraign-shiel, forfeited to us by the attainder of the said ment of the proceedings noon this Trial. I have made some extracts from his publication, of which I know not the date. VOL. XIX.

Charles Stewart, and lying within the shire of
Argyll, and in the neighbourhood of Glenure,
the house of the said Colin Campbell, and also
B

appointed him factor on that part of the forfeited estate of Lochiel, called Mamore, lying in the shire of Inverness, and in the neighbourhood of Fort-William, and upon the forfeited estate of Allan Cameron of Callart, in the shire | of Inverness, adjoining to the said lands of Mamore, and lying betwixt Fort-William and Appin; he, the said Colin, entered upon the said office, and proceeding in the faithful execution thereof, did, among other things, at Whitsunday 1751, cause to be removed the said James Stewart from Glenduror, a farm or possession that had been held by him on the said estate of Ardshiel and in the month of April, in this present year 1752, the said Colin Campbell had taken measures for causing to be removed at the term of Whitsunday, or 15th day of May, now last by past, certain other persons who were tenants or possessors of farms upon the said lands or estate of Ardshiel; which proceeding was by the said James Stewart, for reasons known to himself, so much resented, that, without any warrant or authority from the tenants, or persons themselves, so intended to be removed, he the said James Stewart, in the month of April last, came in person to Edinburgh, and caused to be presented, in name of the said tenants, to our lords of session, a bill of suspension of the said intended removing, upon divers affected reasons, that were either false or frivolous; and having procured an order for answering the said bill, and a sist of execution in the mean time, he returned into the country, and caused the tenants intimate the sist to the said Colin Campbell; who thereupon repaired to Edinburgh, where an answer having been made to the said bill, the same was refused by the lord ordinary, and the said Colin Campbell returned to his own house at Gleuure, where he might be in the way to attend the duty of his office, and to cause the said removing to be put in execution, and the new tenants introduced to the lands on the said 15th day of May last.-And on account of the said Colin Campbell's accepting of the said office, and of the above-mentioned and other his proceedings in the faithful discharge of the duty thereof, the said James Stewart, and Allan Breck Stewart, conceived a most groundless and unjust resentment, malice, and enmity against him, and at length entered into a wicked conspiracy, barbarously to murder the said Colin Campbell, and to bereave him of his life by the hands of the said Allan Breck Stewart, who had but then lately come back from foreign parts into that country, and intended soon to go again beyond sea; and, during his said last abode in the country, had chiefly frequented the house and company of the said James Stewart. And, in prosecution of this wicked conspiracy, upon Monday the 11th day of May last, on the morning of which day the said Colin Campbell left bis own house of Glenure, to go to Fort-William, in the country of Lochaber, about the distance of 16 computed miles northward, in order to transact some bustmess relating to his factory on the estate of Lo

chiel, and from whence he was certainly expected to return to the lands of Ardshiel before Friday in the same week, being the 15th day of the said mouth, when certain tenants on the lands of Ardshiel were to be removed, as abovementioned, and others introduced in their room; the said Allan Breck Stewart went from the house of John Stewart of Fasnacloich, which lies near to Glenure, to the house of the said James Stewart at Aucharn, lying in the same neighbourhood, at the distance of about four miles northward; and there the said James Stewart was informed, either by the said Allan Breck Stewart, or by his own son Charles Stewart, or by Stewart, daughter to the said John Stewart of Fasnacloich, that they heard, or were informed, that the said Colin Campbell of Glenure was to go to Lochaber that day, and that he was to persist or proceed in the intended removing of the tenants of Ardshiel (as the said James Stewart has, among other things, acknowledged in his judicial declaration taken before the sheriff-substitute of Inverness ;) and there, after receiving such advice, in the evening of the same day, the said Allan Breck Stewart laid aside his own clothes, which he had brought with him, being a blue coat, scarlet vest, and black breeches of shag or velvet, which were believed to have been brought by him from France, and which was a remarkable or distinguishing dress in that part of the country; and then and there the said James Stewart furnished him, the said Allan Breck Stewart, with a suit of his, the said James's own clothes, being a dark coloured short coat, with silver buttons, trowsers, and a blue bonnet, in which the said Allan dressed himself that evening. And also next morning of Tuesday the twelfth of May last, when he left the said James Stewart's house, where the said Allan left behind him his own French clothes aforesaid, together with his hat, and then set out, in order to lie in wait for the said Colin Campbell on his way, when he should return from Fort-William to the lands of Ardshiel, which lands are bordered on the northeast with the lands belonging to Alexander Stewart of Ballachelish, whose house stands near to the ferry of Ballachelish, upon a narrow arm of the sea called Lochlevin, that separates the country of Appin on the south, from that of Mamore, part of Lochiel's estate, on the north side of it, and by which ferry of Ballachelish it was known or expected, that the said Colin Campbell would pass, in his return from Fort-William; and, to the said place of Ballachelish, the said Allan Breck Stewart directly went from the house of the said James Stewart at Aucharn, on this Tuesday the twelfth of May last; and from thence, the same day, accompanied by James Stewart the. younger of Fasnacloich, went to Glenoo's house in Carnoch, about three miles farther eastward, where the dowager lady of the house is sister to the said Charles Stewart late or Aroshiel, and to her the said James Stewart is natural brother; and, from thence, he went

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