TRIAL OF THE BRAES CROFTERS. 47 



by jury the sentences might have been much heavier than those to which 

 they would be exposed on summary conviction. That is true, but it is 

 equally true that the judge might have awarded sentences as light as he 

 deemed proper. In the interests of justice it is desirable that the 

 punishment should be commensurate with the offence. There is no 

 reason why a judge sitting with a jury on circuit or in the Sheriff Court 

 should not award the slightest possible sentence. That is what the 

 agent for accused thinks, and, knowing their case, he is willing to take 

 his chance of the heavier sentence if they are found guilty and are 

 thought to deserve it. 



On the point of guilt or innocence, however, he prefers the verdict of 

 a jury to the decision of a judge, and that has been refused. In 

 criminal cases in Scotland a bare majority of the jury convicts, and 

 if the case is not strong enough to convince eight men out of fifteen, 

 the prisoners are surely entitled to the benefit of the doubt. That is 

 all that has been asked, and that, despite the strongest representations, 

 has been refused. To us its refusal in this particular case, on grounds 

 of public policy, seems particularly regretable, and we beg through 

 your columns publicly to protest against it. 



CHARLES CAMERON. 

 C. FRASER-MACKINTOSH. 

 P. STEWART MACLIVER. 

 JAMES COWAN. 

 FRANK HENDERSON. 

 J. DICK PEDDIE. 

 JAMES W. BARCLAY. 



House of Commons, May 9, 1882. 



Commenting on this protest the Pall Mall Gazette of loth 

 May, said : 



It is hard to see what answer there can be to the protest on behalf 

 of the Skye crofters raised in the Times this morning by seven Scotch 

 members. Skye cases have hitherto always been disposed of either 

 summarily at Portree or by trial before a jury at Inverness. If the 

 accused had not the satisfaction of submitting his case to a jury, he was, 

 at least, relieved from the expense of being tried at a distance from 

 home. But in the present instance it is proposed to try the crofters at 

 Inverness, but without a jury. Why should the crofters be subjected to 

 the disadvantage of both methods of trial without the benefit of either ? 



