Trial of Duncan Terig, alias Clerk, and Alexander Bane Macdonald: for the Murder of Arthur Davis, Sergeant in General Guise's; Regiment of FootScott, Walter
History
Trial of Duncan Terig, alias Clerk, and Alexander Bane Macdonald: for the Murder of Arthur Davis, Sergeant in General Guise's; Regiment of Foot
70
HON. SIR J. W. MONCREIFF, LORD MONCREIFF.
JOHN ARCHIBALD MURRAY, ESQ.
WILLIAM MURRAY, ESQ.
JAMES NAIRNE, ESQ.
MACVEY NAPIER, ESQ. 75
FRANCIS PALGRAVE, ESQ.
HENRY PETRIE, ESQ.
ROBERT PITCAIRN, ESQ.
ALEXANDER PRINGLE, ESQ.
JOHN RICHARDSON, ESQ. 80
THE EARL OF ROSSLYN.
ANDREW RUTHERFURD, ESQ.
THE EARL OF SELKIRK.
RIGHT HON. SIR SAMUEL SHEPHERD.
ANDREW SKENE, ESQ. 85
JAMES SKENE, ESQ.
GEORGE SMYTHE, ESQ.
EARL SPENCER, K.G.
JOHN SPOTTISWOODE, ESQ.
THE MARQUIS OF STAFFORD, K.G. 90
MAJOR-GENERAL STRATON.
SIR JOHN ARCHIBALD STEWART, BAR^T.
THE HON. CHARLES FRANCIS STUART.
ALEXANDER THOMSON, ESQ.
THOMAS THOMSON, ESQ. [VICE-PRESIDENT.] 95
W. C. TREVELYAN, ESQ.
PATRICK FRASER TYTLER, ESQ.
ADAM URQUHART, ESQ.
RIGHT HON. SIR GEORGE WARRENDER BAR^T.
THE VENERABLE ARCHDEACON WRANGHAM. 100
TO THE
RIGHT HONOURABLE
SIR SAMUEL SHEPHERD,
THIS CURIOUS TRACT,
RESPECTING PERHAPS THE ONLY SUBJECT OF LEGAL ENQUIRY
WHICH HAS ESCAPED BEING INVESTIGATED BY HIS SKILL,
AND ILLUSTRATED BY HIS GENIUS,
IS RESPECTFULLY INSCRIBED,
BY HIS AFFECTIONATE FRIEND, AND MUCH
OBLIGED HUMBLE SERVANT,
WALTER SCOTT.
15TH FEB., 1831.
INTRODUCTION.
Although the giving information concerning the unfair manner in which
they were dismissed from life, is popularly alleged to have been a
frequent reason why departed spirits revisit the nether world, it is
yet only in a play of the witty comedian, Foote, that the reader will
find their appearance become the subject of formal and very ingenious
pleadings. In his farce called the Orators, the celebrated Cocklane
Ghost is indicted by the name of Fanny the Phantom, for that, contrary
to the King's peace, it did annoy, assault, and terrify divers persons
residing in Cocklane and elsewhere, in the county of Middlesex. The
senior counsel objects to his client pleading to the indictment, unless
she is tried by her equals in rank, and therefore he moves the
indictment be quashed, unless a jury of ghosts be first had and
obtained. To this it is replied, that although Fanny the Phantom had
originally a right to a jury of ghosts, yet in taking upon her to
knock, to flutter, and to scratch, she did, by condescending to
operations proper to humanity, wave her privileges as a ghost, and must
consent to be tried in the ordinary manner. It occurs to the Justice
who tries the case, that there will be difficulty in impanelling a jury
of ghosts, and he doubts how twelve spirits who have no body at all,
can be said to take a corporal oath, as required by law, unless,
indeed, as in the case of the Peerage, the prisoner may be tried upon
her honour. At length the counsel for the prosecution furnishes the
list of ghosts for the selection of the jury, being the most celebrated
apparitions of modern times, namely, Sir George Villiers, the evil
Public-domain text, read in full here on John Shaqi.
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