James was as fairly murdered as though the Duke had got a fowling-piece and stalked him. So much of course I knew: but others knew not so much, and were more affected by the items of scandal that came to light in the progress of the cause. One of the chief was certainly this sally of the Justice's. It was run hard by another of a juryman, who had struck into the midst of Colstoun's speech for the defence with a "Pray, sir, cut it short, we are quite weary," which seemed the very excess of impudence and simplicity. But some of my new lawyer friends were still more staggered with an innovation that had disgraced and even vitiated the proceedings. One witness was never called. His name, indeed, was printed, where it may still be seen on the fourth page of the list: "James Drummond, _alias_ Macgregor, _alias_ James More, late tenant in Inveronachile"; and his precognition had been taken, as the manner is, in writing. He had remembered or invented (God help him) matter which was lead in James Stewart's shoes, and I saw was like to prove wings to his own. This testimony it was highly desirable to bring to the notice of the jury, without exposing the man himself to the perils of cross-examination, and the way it was brought about was a matter of surprise to all. For the paper was handed round (like a curiosity) in court; passed through the jury-box, where it did its work; and disappeared again (as though by accident) before it reached the counsel for the prisoner. This was counted a most insidious device; and that the name of James More should be mingled up with it filled me with shame for Catriona and concern for myself.