The serjeant committed a few plagiarisms from various loyal sermons, such as,――that rebellion was as wicked as witchcraft, and as absurd as transubstantiation; and that, had it succeeded, it would have reduced England to the degraded position of being a mere province of France. Then, having traced the progress of the ‘rebels’ from the landing of the Pretender, in June 1745, to the battle of Preston Pans, the serjeant heaved a sigh, and added: ‘I wish we could forget the miscarriages of that day!’ Having noted at what period Kilmarnock and Cromartie had joined the Pretender’s army, and added some forcible comments on the alleged murdering of the king’s wounded soldiers on the field at Clifton, the serjeant alluded to Balmerino having held a commission in the king’s service, and deserting that service to side with traitors, whereby ‘he heightened every feature of the deformity of treason.’ Having sketched the career of Balmerino from his first entry into Carlisle till his capture near Culloden, the serjeant gave place to the Attorney-General, who began by sympathetically remarking that it was ‘disagreeable to try a noble person, one of their lordships’ high order,’ and then Mr. Attorney did what he could to condemn him by insisting that failing to prove a single event in the indictment could not invalidate it. On the contrary, if but one alleged criminal act was proved, a verdict of _Guilty_ must follow. [Sidenote: _BALMERINO AND MURRAY._] Balmerino protested against such interpretation of the law. But, being asked if he would have counsel assigned to him to argue the question, he curtly replied: ‘I don’t want any.’ Only four witnesses were called. They made brief and simple statements, and not a question was put to them by way of cross-examination. William M‘Ghee swore to Balmerino’s active offices in the rebel army. The accused peer only remarked that M‘Ghee confused his dates. ‘I can’t tell the time myself,’ said Balmerino, ‘unless I was at home to look at my notes.’ He declined, however, to ask M‘Ghee any questions. Next, Hugh Douglas gave similar evidence, with the additional circumstance that, at Falkirk, where the cavalry were not engaged, he was with them, and saw Balmerino, Kilmarnock, and Lord Pitsligo, with the reserve of horse. One James Patterson corroborated this testimony, and Balmerino asked him what he was. ‘I am a gentleman’s servant,’ was the reply. ‘What regiment?’ rejoined Balmerino. Patterson intimated that he was a soldier, servant to a gentleman in the first troop of Horse Guards. ‘Horse Guards!’ cried the Lord High Steward, ‘whose Horse Guards?’ ‘The Pretender’s,’ answered the ‘approver.’ One Roger Macdonald deposed to similar purpose, and closed the case for the Crown. Balmerino had ‘nothing to say,’ except that all the acts laid in the indictment had not been made out. Long pleadings ensued, the end of which was unfavourable to the prisoner. ‘My solicitor, Mr. Ross,’ he said, ‘thought as the king’s