The answer being in the negative, every hope of acquittal was annihilated for Balmerino. He gave up every further defence, and apologised with his usual blunt courtesy for giving their Lordships so much trouble: he said that his objections had been the result of advice given by Mr. Ross, his solicitor, who had laid the case before counsel. The question was then put by the Lord High Steward, standing up, uncovered, to the Lords, beginning with the youngest peer, Lord Herbert of Cherbury; "whether Arthur Lord Balmerino were guilty of high treason, or not guilty?" An unanimous reply was uttered by all those who were present; "guilty upon my honour." Lord Balmerino, who had retired while the question was put, was then brought back to the bar to hear the decision of the Lords. It was received with the intrepidity which had, all throughout the trial, characterised the soldier and the man. During the intervals of form, his natural playfulness and humour appeared, and the kindness of his disposition was manifested. A little boy being in the course of the trial near him, but not tall enough to see, he took him up, made room for the child, and placed him near himself. The axe inspired him with no associations of fear. He played upon it, while talking, with his fingers, and some one coming up to listen to what he was saying, he held it up like a fan between his face and that of the gentleman-gaoler, to the great amusement of all beholders. And this carelessness of the emblem of death was but a prelude to the calmness with which he met his fate. "All he troubled himself about," as a writer of the time observed, "was to end as he begun, and to let his sun set with as _full_ and _fair_ a light as it was possible."[364] During the time that the Lords were withdrawn, the Solicitor-General Murray, and brother of Murray of Broughton, addressed Balmerino, asking him "how he could give the Lords so much trouble," when he had been told by his solicitor that the plea could be of no use to him? The defection and perfidy of Murray of Broughton were now generally known; and the officious insolence of his inquiry was both revolting and indiscreet. Balmerino asked who this person was, and being told, exclaimed, "Oh! Mr. Murray, I am extremely glad to see you. I have been with several of your relations, the poor lady, your mother, was of great use to us at Perth."[365] An admirable and well-merited rebuke. He afterwards declared humorously that one of his reasons for not pleading guilty was, "that so many fine ladies might not be disappointed of their show."