To all this plea it was replied ‘that many persons, even of those who would not do injustice in private affairs, are too easily induced to countenance an injustice done to the public’—that is, by getting public money out of the forfeited estates. Fassifern, with his ‘connections and influence, might, if at liberty, use means to prevent discoveries.’ There is thus one law (an unpleasant law) for the rich, and another for the poor. Finally Fassifern’s ‘coolness and silence on the loss of papers of such consequence, notwithstanding his being confessedly a sensible careful man, were mentioned as very suspicious circumstances.’ No doubt they _are_ suspicious, but that a ‘sensible careful man,’ of the best family, should, as charged, forge a bond of 90_l._ from his own gardener, still in his service, is also a very improbable kind of accusation. Fassifern and Charles Stewart were, therefore, left _sub squalore carceris_ (March 6, 1754). In August 1754 they again petitioned for bail. They had lain in gaol for fifteen months on no capital charge. ‘There is not one of the deeds under challenge that does not seem to be supported by unimpeachable evidence,’ as of Appin, a man of honour, and old Alexander Stewart. ‘They have suffered punishment beyond bounds already, without example, and since The Happy Revolution, neither heard of nor dreamed of in our neighbouring country,’ England. Bail was not granted, and the Lord Advocate told a very extraordinary and, it may be said, inconsistent tale. His witnesses, he alleged, ‘have thought fit to stand a second diligence for compelling them to appear, and, though wrote to, have not given any answer.’ Of course there may be two interpretations of this reluctance, or even three. The witnesses may be coerced by local sentiment, or may not care to take oath to their evidence, or may have reason to suppose that they are not really wanted, as the Crown manifestly merely wishes to keep Fassifern out of his own country. The evidence of one informer has been given as to forged discharges of Lochiel’s. The Government, however, dropped that slander, while keeping up other charges, not supported by evidence given in Court.