Imatges de pàgina


Q. Were


of your men wound. believe his name is), he was there ; and ed?

this man in the grey trowsers, (Moir) A. The serjeant.

I think ; that man, I am not positive, Q. Were both pike wounds ?. (Murchie stood up). That is the A. Yes, Q. How many did you succeed in Q. You remember his eye, as in the taking finally?

battle? A. We brought to Stirling eight- A. After the battle. I am quite een, and left one on the field very certain about him. I do not think much wounded; we thought there there are any more ; their faces are might be a chance of a rescue, and I now familiar to me, from having seen left him there, thinking it was better them in Court since ; but those I to secure what we had,

know, I recognized when I first saw :: Q. Do you remember what number them afterwards in Edinburgh Castle, of muskets there were ?

except the man who was wounded, A. I think there were sixteen pikes (Hart) I did not see him then. and one pike-handle, and a pitchfork, Q. You are certain he was in the and five muskets or guns of different battle ? kinds, and two pistols.

A. Quite certain. Q. Any swords ?

Q. Do you know the man by whom A. No, I do not think there were ;

you were wounded ? there was some ammunition.

A. No, I do not.
Q. Did you see any of the men on Q. Did you accompany

them from the field searched after the engage- the field to Stirling ? ment?

A. No, I did not ; I staid to write A. I was collecting the prisoners, some letters at Bonny-bridge. - and when came to the place where Q. Did you accompany them as far some of them had stopped at, I asked as that bridge ? if they had searched the prisoners ; A. Yes, I did ; and after that I they said, “ Yes, and we have taken a overtook them, and rode to Stirling bag of ammunition away from them.” with them.

Q. You did not see the search? Q. Are you quite sure that all the A. No.

persons who were delivered over to Q. Who told


the custody of the proper officer in
A. I think the serjeant-major. this place were in the skirmish ?
Q. Did he shew you the bag? A. I am quite certain of it.
A. Yes.
Q. Did you look at the contents ? Cross-examined by Mr Jeffrey.
A. Yes ; I saw some ball.cartridges.

Q. But who put them in you can. Q. Am I to understand that that is not tell ?

another copy of the same Address; or, A. No, I cannot.

for any thing you know, the same Q. Have the goodness to look at identical paper ? those persons, and tell us which of A. That is the same Address, I fanthem you can recollect to have seen in cy, but it is the same words ; it was the engagement ?


hands for a short time, so A. That man that is standing up- that I cannot swear to it. I know his name is Gray- Baird, Q. How long was it out of your Johnstone, Hardie ; and there is a man hands? standing on his farther side, (Hart, I A. I think one night.

out of

Q. Where

Q. But there was no person standA. In the hands of the commanding- ing out for you to address ? officer of the regiment-Colonel Tay- A. I could address the whole ; they lor.

must all have heard me, Q. Had you read over the whole Q. They were pretty close together? Address by that time?

A. Yes ; they were in a small body, A. O yes, I had.

perhaps half a yard or a yard from Q. Oftener than once ?

each other. A. Not oftener than once, I think ; Q. You got eighteen, and one was certainly not; I know I had read it wounded ; did any escape, do you once the whole of it.

know? Q. When you left Kilsyth with your A. I cannot answer that. party, you went with a view of ind. ing those men, of whom you had re. Re-examined by Mr Serjeant Hullock. ceived information ? A. Yes.

Q. You addressed them several Q. What did you mean to do with times ? them?

A. I should think six or seven times. 1. To secure them to take them Q. State the language you used at prisoners.

that time? Q. And take their arms ?

A. Lay down your arms; I said A. To take the men, and to take nothing else. their arms of course.

Q. Are you quite sure you were Q. Had your men their swords near enough, at the time you repeated drawn when they came in sight of the that expression, to enable every person party on the hill ?

in the body to hear you? A. I do not think they had — No, A. Decidedly so ; for I spoke very not till we came in sight of the party loud, and they were all quite near I am not positive-I should think enough to hear me.

Q. Was any alteration made in their Q. Had they their swords drawn movements at all ? before the men fired ?

A. They did not fire any more, but A. I think so ; whether I had given they did not lay down their arms. the word or not, I do not know; but Q. And the resistance took place probably they would have their swords that you spoke of, when you got drawn.

through this gap in the fence Q. Did you go up the muir pretty, A. They did not fire any more till smartly?

we got into the middle of them, and A. As quick as we could.

then I do not know whether they fired Q. And they fired first?

any more or not. A. Yes, of course.

Q. You do not know whether the Q. And as soon as you got near firing then was by your party or them? enough to be heard, you called to A. No, I do not. them to lay down their arms ?

MrJeffrey.-Did they say any thing A. As soon as I was close to them; at all after you called out to them to I did not call at the distance of fifty lay down their arms ? or sixty yards.

A. The word “ Treat" was menQ. Was any person in attendance, tioned by one of them ; I thought taking charge of them, or were they they said, “ We will treat with you ;" in one line

but any thing else I do not remember. A. Baird appeared to me the leader. Q. Do you know who said that?


4. I do not know which of them. ceived from the party who stopped I heard the word “Treat," and it him between Kilsyth and Stirling, instruck me that they wanted to make asmuch as there was no proof that terms with us.

Hardie was at all accessory to its conLieutenant John James Davidson tents, and of course could not be rewas along with Mr Hodgson when he sponsible for them. Besides, there was went with his party to Bonnymuir, no other evidence, except a faint trace and corroborated his evidence in al- left upon his memory, that the bill in most every particular ; identified John Court was the identical bill which he Baird as one who appeared to be the received from that party, and gave to leader of the party; observed him Lieutenant Hodgson. It had been present a short gun at Lieutenant proved to have been out of the wite Hodgson. He found upon the party ness's (Hodgson) hands, and had not a number of pikes, guns, pistols, and been marked in any manner, so as to a quantity of ammunition in their make it easily distinguishable. Both pockets.

objections were repelled, and the Ad

dress was read, which was to the fol. The evidence being closed, the de- lowing tenor :claration of the prisoner was sworn to

Address to the Inhabitants of Great have been fairly emitted in the pre- Britain and Ireland. sence of Mr Alexander Dow, one of Friends and Countrymen,-Roused the Sheriffs of Stirling, Adam Duff, from that torpid state in which we Sheriff of Edinburghshire, Alexander have been sunk for so many years, we Ker, and John Watkins. After it had are at length compelled, from the exbeen read, the Clerk of Arraigns was tremity of our sufferings, and the conproceeding to lay before the Jury the tempt heaped upon our petitions for contents of the Address, which Mr redress, to assert our rights at the Hardie, the Sheriff-depute, deposed hazard of our lives, and proclaim to to as being the same as the one he the world the real motives which (if heard read at the corner of Duke- not misrepresented by designing men, street; when

would have united all ranks) have inMr Jeffrey rose, and objected to duced us to take up arms for the this proceeding, on the ground that redress of our common grievances. Mr Hardie had not given sufficient The numerous public meetings held evidence of his being certain that this throughout the country has demonwas an exact copy of the one in which strated to you that the interests of all Hardie was implicated. Mr Hardie classes are the same. That the proconfessed himself that he did not hear tection of the life and property of the the whole of the paper read, but only rich man, is the interest of the poor a small part of it, and of this part he man ; and, in return, it is the interest had only a slight recollection ; and it of the rich to protect the poor from was not fair that any greater part of the iron grasp of despotism ; for, when it should now be read than that which its victims are exhausted in the lower Mr Hardie persuaded himself was a circles, there is no assurance but that copy of the hand-bill he first saw. its ravages will be continued in the upThe learned Counsel also objected to per ; for, once set in motion, it will the reading of the hand-bill which continue to move till a succession of Serjeant Cook received from Colonel victims fall. Our principles are few, Taylor, and which was, to the best of and founded on the basis of our conhis recollection, the one which he re- stitution, which were purchased with the dearest blood of our ancestors, and tons those rights consecrated to them which we swear to transmit to poste. by Magna Charta, and the Bill of rity unsullied, or perish in the attempt. Rights, and sweep from our shores Equality of rights (not of property) that corruption which has degraded is the object for which we contend, us below the dignity of man. Owing and which we consider as the only se- to the misrepresentations which have curity for our liberties and lives. Let gone abroad with regard to our intenus shew to the world that we are not iions, we think it indispensably necesthat lawless sanguinary rabble which sary to declare inviolable all public our oppressors would persuade the and private property; and we hereby higher circles we are ; but a brave and call upon all Justices of the Peace, and generous people, determined to be free. all others, to suppress pillage and plunLiberty or Death is our motto ; and der of every description, and to endeawe have sworn to return home in tri- vour to secure those guilty of such ofumph, or return no more. Soldiers ! fences, that they may receive that pashall you, countrymen, bound by the nishment which such violation of jussacred obligation of an oath to defend tice demands. In the present state of your country and your King from ene. affairs, and during the continuation of mies, whether foreign or domestic, so momentous a struggle, we earnestly plunge your bayonets into the bosoms request of all to desist from their las of fathers and brothers ; and at once bour, from and after this day, the 1st sacrifice, at the shrine of military des- of April, and attend wholly to the repotism, to the unrelenting orders of a covery of their rights; and consider cruel faction, those feelings which you it as the duty of every man, not to re. hold in common with the rest of man. commence until he is in possession of kind? Soldiers ! turn your eyes to. those rights which distinguishes the ward Spain, and there behold the hap- freeman from the slave ; viz. that of py effects resulting from the union of giving consent to the laws by which soldiers and citizens. Look to that he is to be governed. We therefore quarter, and there behold the yoke of recommend to the proprietors of pub. hated despotism broke by the unani- lic works, and all others, to stop the mous wish of the people and the sol- one, and shut up the other, until order diery, happily accomplished without is restored, as we will be accountable bloodshed ; and shall you, who taught for no damages which may be sustain- . those soldiers so fight the battles of li. ed, and which, after this public inti. berty, refuse to fight those of your own mation, they can have no claim to. country ? - Forbidit Heaven !--Come And we hereby give notice to all those forward then at once, and free your who shall be found carrying arms a. country and your King from the power gainst those who intend to regenerate of those that have held them too too their country, and restore its inhabitlong in thraldom. Friends and country. ants to their native dignity, we shall men, the eventful period is now arrived consider them as traitors to their coun. when the services of all will be requi- try, and enemies to their King, and red, for the forwarding an object so treat them as such.-By order of the universally wished, and so absolutely Committee of Organization for formnecessary. Come forward, then, and ing a Provisional Government. Glasassist those who have begun, in the gow, 1st April, 1820.-Britons! God, completion of so arduous a task, and Justice, the wishes of all good men are support the laudable efforts which we with us-join together, and make it are about to make, to replace to Bri. one cause, and the nations of the earth

shall hail the day when the standard and new usurpation, to be erected of liberty shall be raised on its native upon the bloody ruins of the former soi).

fabric. That, Gentlemen, and nothing. Mr JEFFREY, as counsel for the pri- else, is the charge ; and that, and now soner, began with stating the satisfac- thing else than that, must be proved, tion with

which he had escaped from before we are in a condition to consithe labyrinth of legal subtleties, and der this person in danger of a verdict could address himself to the unsophis- from you, finding him guilty of the ticated good sense of the Jury. He charge now exhibited against him. began with admitting fully that his Gentlemen, the subjects of this client had been guilty of highly cul. realm may commit a variety of offences, pable proceedings; that he had been of a more aggravated, or a more vefound actively engaged in a skirmish nial nature, indicated or consummated, with the lawful forces of the king. all of them, by hostility against the He then proceeded

King's forces, and by shedding their Gentlemen, it may be necessary, af. blood ; and none of those offences can, ter having made this admission, to state by possibility, be ranked in the class to you, not on any subtlety of the law of Treasons at all. There may be in of treason—not on any technical and the mind of a man, or any number of lawyer-like distinction, which will ap- men, or at least of any moderate numpear at all strange or difficult for you ber of men, a great hostility to a parto follow, but on principles which ticular body of the King's troops, or must be convincing and satisfactory perhaps to the whole array of the mi. to your minds, though they may not litary, from opinions, from grudges, have occurred to you before your pre- from real or imagined wrongs or insent duty required you to attend to juries, sustained at their hands—They such considerations, in the way

see may

be assaulted in revenge-persons you are now attending to them that may have been detected in crimes, and an attack may be made upon the forces led to justice-arms may have been of the King, by an armed band of his found in their houses, and confiscated, other subjects, and the blood of both and themselves convicted and punishmay be shed in a field of unnatural ed by military law, or military despot. battle, and yet no treason may be com- ism ; on that account they may at. mitted ; and the proof of 'that fact tack those who wear the same uniform may even be no material ingredient as those who detected them,-out of of the treason that is here charged, revenge, and be guilty of great crimes and the treason which is alone sufi. undoubtedly,-but not of the crime cient to support the charge against the of Treason. Such instances occur every prisoner. The charge against the pri- day ; bands of men engaged in pretty soner, and what was necessary to make extensive combinations, for the further. a valid charge of treason against him, ance of unlawful objects that are pretis, that he was engaged in actual hos. ty widely pursued, in a neighbouring tility with the forces of his sovereign, country. In Ireland, and in this counfor the purpose, and with the intention try formerly, and not long ago, there of compelling that sovereign, by force were encounters between the King's of arms, to change his laws and go forces and persons engaged in smūgvernment, or for the purpose of sub- gling ; they have been familiar and verting the government altogether ; common, and much blood has been leaving, or not leaving, the royalty, vhed in these occurrences. Aggrafor the purpose of some fantastical sated crimes they are, when it comes

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