JOHN COOK, barrackmaster at Braemar Castle, aged thirty years and upwards, _solutus_, solemnly sworn, purged of malice and partial council, examined and interrogate, Depones, That the hat libelled now shown to him, was delivered by Donald Downie, the preceding witness, to James Small, before designed, at the house of one Charles, in Castletown of Braemar, and was delivered to the said deponent by Mr Small, to be kept by him till it should be called for; and that he brought it along with him to town, and he knows it to be the same by the letters D. A. which he often observed thereon, and now at deponing: Depones, That after Serjeant Davies was amissing, a report sprung up, that one Levingston, a soldier, having a prejudice at him, had murdered him; but, upon enquiry, it being found, who had had leave of absence, returned to the garrison the afternoon of that day on which the Serjeant was amissing; the report thereon ceased, and about ten days thereafter it was reported that the Serjeant had been murdered by two young men about Inverey. And about a year and a half after the Serjeant had been amissing, he heard Duncan Clerk the panel named as one of them, but never heard any thing of Alexander Macdonald, the other panel, till he was committed prisoner to the Castle of Braemar in September last. _Causa scientiae patet._ And this is the truth, as he shall answer to God. (Signed) JOHN COOK. HEW DALRYMPLE. Compeared JOHN GRANT, in Altalaat, aged forty years and upwards, married, solemnly sworn, purged of malice and partial council, examined and interrogate: Depones, That both the panels lodged in his house upon the night of the twenty-seventh of September, one thousand seven hundred and forty-nine: That next morning they breakfasted, after the sun rising, with him; and as he was going to a Michaelmas fair, when he came out of his house, he looked and saw the two panels at his door, each having a gun in his hand, and they told him that they intended to go a deer hunting, but did not mention to what place: That the deponent accordingly went to the fair, and returned in about four days home, and then heard that a soldier who had been upon some of the hills was amissing, and in a very short time heard it was Serjeant Davies: That at first it was rumoured that some of the Serjeant's own men had killed him; and afterwards that he had been killed by some outlaws; and after that it was clattered that the panels had killed him: Depones, That the night the panels lodged with him as above, one of them talked of going the next morning in quest of horses for leading in corn, without mentioning from where. _Causa scientiae patet._ And this is the truth, as he shall answer to God. This deposition signed by Duncan Campbell, sworn interpreter. (Signed) DUNCAN CAMPBELL. HEW DALRYMPLE.