It is a singular tale, and shows strange ideas of justice. Once
condemned to the galleys, Mirabel might as well have made a clean
breast of it; but this he did not do: he stuck to his bags and
gold-coloured ribbon. Manifestly Mirabel would have had a better
chance of being believed in court if he had dropped the ghost
altogether. It is notable that Sir Walter probably gave his version
of this affair from memory: he says that Mirabel 'was non-suited
upon the ground that, if his own story was true, the treasure, by
the ancient laws of France, belonged to the crown'.
Scott's next case is very uninteresting, at least as far as it is
given in Howell's State Trials, vol. xii. (1692), p. 875.
A gentleman named Harrison had been accused of beguiling a Dr.
Clenche into a hackney coach, on pretence of taking him to see a
patient. There were two men in the coach, besides the doctor. They
sent the coachman on an errand, and when he came back he found the
men fled and Clenche murdered. He had been strangled with a
handkerchief. On evidence which was chiefly circumstantial,
Harrison was found guilty, and died protesting his innocence. Later
a Mrs. Milward declared that her husband, before his death,
confessed to her that he and a man named Cole were the murderers of
Dr. Clenche. The ghost of her husband persecuted her, she said,
till Cole was arrested. Mr. Justice Dolben asked her in court for
the story, but feared that the jury would laugh at her. She
asserted the truth of her story, but, if she gave any details, they
are not reported. Cole was acquitted, and the motives of Mrs.
Milward remain obscure.
Coming to the tract which he reprints, Sir Walter says that his
notice was first drawn to it, in 1792, by Robert McIntosh, Esq., one
of the counsel in the case, which was heard in Edinburgh, June 10,
1754. Grant of Prestongrange, the Lord Advocate well known to
readers of Mr. Stevenson's Catriona, prosecuted Duncan Terig or
Clerk, and Alexander Bain Macdonald, for the murder of Sergeant
Arthur Davies on September 28, 1749. They shot him on Christie
Hill, at the head of Glenconie. There his body remained concealed
for some time, and was later found with a hat marked with his
initials, A. R. D. They are also charged with taking his watch, two
gold rings, and a purse of gold, whereby Clerk, previously
penniless, was enabled to take and stock two farms.
Public-domain text, read in full here on John Shaqi.
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