"Towards the end of that century," continues Baron Hume, "the nuisance seems to have again become troublesome. On the 13th of December, 1698, John Baillie and six men more of the same name, along with the wife of one of them, were indicted as Egyptians, and also for sundry special misdeeds; and being convicted, (all but the woman,) they were ordered for execution. But in this case it is to be remarked, that the court had so far departed from the rigour of the statute as not to sustain a relevancy on the habit and repute of being an Egyptian of itself, but only 'along with one or other of the facts of picking and little thieving;' thus requiring some proof of actual guilt in aid of the fame. In the next trial, which was that of William Baillie, June 26th, 1699, a still further indulgence was introduced; for the interlocutor required a proof, not of _one_ only, but of _several_, of the facts of 'picking or little thieving, or of several acts of beating and striking with invasive weapons.' He was only convicted as an Egyptian, and of _one_ act of striking with an invasive weapon, and he escaped in consequence with his life. "This lenient course of dealing with the Gipsies was not taken, however, from any opinion of it as a necessary thing, nor was there any purpose of prescribing it as a rule for other times, or for further cases of the kind where such an indulgence might seem improper, as appears from the interlocutor of relevancy in the case of John Kerr, and Helen Yorkston, and William Baillie and other seven; in both of which the simple fame and character of being an Egyptian is again found _separatum_ relevant to infer the pain of death, (10th and 11th August, 1714.) Kerr and Yorkston had a verdict in their favour; Baillie and two of his associates were condemned to die; but as far as concerns Baillie, (for the others were executed,) his doom was afterwards mitigated into transportation, under pain of death in case of return. "As early as the month of August, 1715, the same man, (as I understand it,) was again indicted, not only for being found in Britain, but for continuing his former practices and course of life. Notwithstanding this aggravation, the interlocutor is again framed on the indulgent plan, and only infers the pain of death, from the fame and character of being an Egyptian, joined with various acts of violence and sorning, to the number of three, that are stated in the libel. Though convicted nearly to the extent of the interlocutor, he again escaped with transportation.[84] [84] This, and part of the preceding paragraph, will be quoted again, under the chapter of Tweed-dale and Clydesdale Gipsies.