"The trial of Danvers Carmichael for the murder of John Stewart Aglionby Montrose, Duke of Borthwicke, Ardvilarchan, and Drumblaine in the Muirs, Lord of, etc., before the Lord-President Carew, beginning Tuesday, March tenth, 1788. _Counsel for the Crown_ Mr. Pitcairn Mr. Inge _Solicitor_ Mr. Caldicott _For the Prisoner_ Mr. Magendie Mr. Elliott _Solicitor_ Mr. Witmer taken in shorthand by John Gurney of London. "After addressing the bench, the case was opened for the prosecution by Mr. Pitcairn, as follows: "GENTLEMEN OF THE JURY: "The crime imputed to the prisoner at the bar is that of wilful murder, effected by means and in a manner most abhorred. Such an accusation naturally excites the indignation of honest minds against the criminal. I will not endeavor to increase it, and it is your duty to resist it and to investigate and determine the case wholly upon the evidence which will be placed before you. "On the night of the twenty-third of February, 1788, John Stewart Aglionby Montrose, Duke of Borthwicke, was found, between the hours of midnight and one of the morning, dead in a desk-chair, in a chamber on the ground floor of Stair House, near Edinburgh, by Lord Stair and his serving-men, Huey MacGrath, John Elliott, and James MacColl. The window by the late duke it will be proven was wide open, forming an easy entrance from outside; a pistol, the property of the accused, was found lying by the chair upon which the duke sat, and a wound above the temple of the deceased was discovered, made by a bullet similar to those used in the pistol before mentioned. "It will be proven by testimony of such a character and from such a source as to render it singularly forcible, that on the morning of the day previous to the night of the murder the accused had threatened the duke's life, applying vile and scurrilous names to the deceased; repeating these threats several times and in various forms. "It will be proven that there had existed for the accused one of the most powerful incentives to murder known, in the fact that the late duke and he loved, and had loved for some time past, the same lady, Nancy, daughter to Lord Stair; that both had addressed her in marriage, and that in September last the quarrel between them rode so high that a meeting was arranged between the late duke and the accused; and there will be testimony to show that the duel was averted by the late duke's apologizing to Mr. Carmichael, a course urged upon him by the lady herself.