42 THE HIGHLAND CLEARANCES. 



disposed of by a Court whose duties are usually confined to mere 

 matters of police. The belief of the prisoners is that the object of 

 your order is to secure their conviction at all hazards irrespective of 

 their guilt or innocence, and this belief is shared by a growing number 

 of the outside public. It is for you to dispel this misapprehension if it 

 is one. 



In such circumstances as I have described a summary trial would be 

 little else than a farce ; and you will never inspire the Highland crofters 

 or their friends with respect for the law if you persist in enacting such 

 a farce in its name. I trust, therefore, you will reconsider your resolu- 

 tion, and yet order the trial of the prisoners in a manner which will 

 inspire them with confidence in the administration of the law of their 

 country. 



I am, 



Your obedient servant, 



KENNETH MACDONALD. 



The Honourable the LORD-ADVOCATE for Scotland, 

 Home Office, Whitehall, London, S.W. 



On the same evening that the letter was written Mr. 

 Fraser-Mackintosh (M.P. for the Inverness Burghs), in the 

 House of Commons, asked the Lord-Advocate whether he 

 would order that the Skye crofters now committed for trial 

 should, instead of being tried summarily, have the privilege 

 of being tried by a jury of their countrymen, and that the 

 presiding judge should be one disconnected with the 

 exceptional proceedings attendant on their recent apprehen- 

 sion ? 



Mr. Dick Peddie had also the following question to ask 

 the Lord-Advocate Whether it is the case that instructions 

 have been given that the five crofters recently arrested in 

 Skye, and now released on bail, be tried summarily; whether 

 they have applied through their agent to be tried by jury : 

 and whether he intended to comply with their application ? 



The Lord-Advocate, in reply, said he saw no reason for 

 recalling the order for the trial before a summary magistrate. 



