David Balfour: Being Memoirs Of His Adventures At Home And Abroad, The Second Part: In Which Are Set Forth His Misfortunes Anent The Appin Murder; His Troubles With Lord Advocate Grant; Captivity On The Bass Rock; Journey Into Holland And France; And Singular Relations With James More Drummond Or Macgregor, A Son Of The Notorious Rob Roy, And His Daughter CatrionaStevenson, Robert Louis
History
David Balfour: Being Memoirs Of His Adventures At Home And Abroad, The Second Part: In Which Are Set Forth His Misfortunes Anent The Appin Murder; His Troubles With Lord Advocate Grant; Captivity On The Bass Rock; Journey Into Holland And France; And Singular Relations With James More Drummond Or Macgregor, A Son Of The Notorious Rob Roy, And His Daughter Catriona
Stevenson, Robert Louis
Historical fiction; Scotland -- History -- 18th century -- Fiction
"See that!" says he. "But there! I may be right or wrong, that's
guesswork at the best, and let me get to my facts again. It comes to my
ears that James and the witnesses--the witnesses, Mr. Balfour!--lay in
close dungeons, and shackled forbye, in the military prison at Fort
William; none allowed in to them, nor they to write. The witnesses, Mr.
Balfour; heard ye ever the match of that? I assure ye, no old, crooked
Stewart of the gang ever outfaced the law more impudently. It's clean in
the two eyes of the Act of Parliament of 1700, anent wrongous
imprisonment. No sooner did I get the news than I petitioned the Lord
Justice Clerk. I have his word to-day. There's law for ye! here's
justice!"
He put a paper in my hand, that same mealy-mouthed, false-faced paper
that was printed since in the pamphlet "by a bystander," for behoof (as
the title says) of James's "poor widow and five children."
"See," said Stewart, "he couldn't dare to refuse me access to my client,
so he _recommends the commanding officer to let me in_. Recommends!--the
Lord Justice Clerk of Scotland recommends. Is not the purpose of such
language plain? They hope the officer may be so dull, or so very much
the reverse, as to refuse the recommendation. I would have to make the
journey back again betwixt here and Fort William. There would follow a
fresh delay till I got fresh authority, and they had disavowed the
officer--military man, notoriously ignorant of the law, and that--I ken
the cant of it. Then the journey a third time; and there we should be on
the immediate heels of the trial before I had received my first
instruction. Am I not right to call this a conspiracy?"
"It will bear that colour," said I.
"And I'll go on to prove it you outright," said he. "They have the right
to hold James in prison, yet they cannot deny me to visit him. They have
no right to hold the witnesses; but am I to get a sight of them, that
should be as free as the Lord Justice Clerk himself? See--read: _For the
rest, refuses to give any orders to keepers of prisons who are not
accused as having done anything contrary to the duties of their office_.
Anything contrary! Sirs! And the Act of seventeen hunner! Mr. Balfour,
this makes my heart to burst. The heather is on fire inside my wame."
"And the plain English of that phrase," said I, "is that the witnesses
are still to lie in prison and you are not to see them?"
"And I am not to see them until Inverary, when the court is set!" cries
he, "and then to hear Prestongrange upon _the anxious responsibilities
of his office and the great facilities afforded the defence!_ But I'll
begowk them there, Mr. David. I have a plan to waylay the witnesses upon
the road, and see if I cannae get a little harle of justice out of the
_military man notoriously ignorant of the law_ that shall command the
party."
Public-domain text, read in full here on John Shaqi.
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