TRIAL OF THE BRAES CROFTERS. 43 



After due consideration with his learned friend, the Solicitor- 

 General for Scotland, this decision had been arrived at when 

 the case was before them during the Easter recess. The 

 people of Skye were generally peaceful, and having reason to 

 believe that they were misled by bad advice, or they would 

 not have resisted officers of the law in the execution of a 

 legal warrant, he, with his learned colleague, thought that 

 the offence would not be repeated if it was made clear to the 

 people as rapidly as possible that the law will be vindicated. 

 The charges preferred were of the least grave class that 

 could be preferred on behalf of the Crown, and summary 

 trial proceedings afforded little delay. The maximum 

 sentence that could be inflicted was sixty days, and of 

 course a lighter sentence would be passed if in the discretion 

 of the magistrate it met the justice of the case. As to the 

 last part of the question, it was intended that the trial should 

 proceed before the Sheriff of Inverness who had not hitherto 

 taken part in measures which unfortunately became necessary 

 to vindicate the authority of the law in Skye. 



The refusal of a Jury trial was final so far as the Crown 

 was concerned. Curious as it may seem, an accused person 

 in Scotland has no right to demand a trial by his peers. 

 Our forefathers were not so careful of their liberties in this 

 respect, or not so powerful to enforce them as our neighbours 

 over the border. They took care centuries ago to secure 

 this right ; we have not secured it yet. 



What might have occurred in this particular case but for 

 the fear of public indignation it is hard to say. Tyranny 

 has a peculiar fascination for weak men. Lord-Advocate 

 Balfour, a good lawyer, but a weak politician, the holder of 

 an office which was long since stripped of most of its power, 

 and which immediately before his accession to it was so 

 emasculated that his predecessor declined to sacrifice his 



