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
On the 28th day of September, the Sergeant set forth, along with a
party, which was to communicate with a separate party of English
soldiers at Glenshee; but when Davis's men came to the place of
rendezvous, their commander was not with them, and the privates could
only say that they had heard the report of his gun after he had parted
from them on his solitary sport. In short, Sergeant Arthur Davis was
seen no more in this life, and his remains were long sought for in
vain. At length a native of the country, named M'Pherson, made it known
to more than one person that the spirit of the unfortunate huntsman had
appeared to him, and told him he had been murdered by two Highlanders,
natives of the country, named Duncan Terig alias Clerk, and Alexander
Bane Macdonald. Proofs accumulated, and a person was even found to bear
witness, that lying in concealment upon the hill of Christie, the spot
where poor Davis was killed, he and another man, now dead, saw the
crime committed with their own eyes. A girl whom Clerk afterwards
married, was, nearly at the same time, seen in possession of two
valuable rings which the Sergeant used to have about his person.
Lastly, the counsel and agent of the prisoners were convinced of their
guilt. Yet, notwithstanding all these suspicious circumstances, the
panels were ultimately acquitted by the jury.
This was chiefly owing to the ridicule thrown upon the story by the
incident of the ghost, which was enhanced seemingly, if not in reality,
by the ghost-seer stating the spirit to have spoken as good Gaelic as
he had ever heard in Lochaber.--"Pretty well," answered Mr M'Intosh,
"for the ghost of an English sergeant!" This was indeed no sound jest,
for there was nothing more ridiculous, in a ghost speaking a language
which he did not understand when in the body, than there was in his
appearing at all. But still the counsel had a right to seize upon
whatever could benefit his clients, and there is no doubt that this
observation rendered the evidence of the spectre yet more ridiculous.
In short, it is probable that the ghost of Sergeant Davis, had he
actually been to devise how to prevent these two men from being
executed for his own murder, could hardly have contrived a better mode
than by the apparition in the manner which was sworn to.
The most rational supposition seems to be, that the crime had come to
M'Pherson, the ghost-seer's knowledge, by ordinary means, of which
there is some evidence, but desiring to have a reason for communicating
it, which could not be objected to by the people of the country, he had
invented this machinery of the ghost, whose commands, according to
Highland belief, were not to be disobeyed. If such were his motives,
his legend, though it seemed to set his own tongue at liberty upon the
subject, yet it impressed on his evidence the fate of Cassandra's
prophecies, that, however true, it should not have the fortune to be
believed.
ABBOTSFORD, 18th March, 1830.
TRIAL OF
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