TRIAL OF THE BRAES CROFTERS. 65 



and threw them in the road. They were not torn, and I could not say 

 if they were afterwards torn. 1 saw peat lying beside them ; it was 

 alive. Martin stood on the road, and I stood nearer Portree. I saw 

 smoke, but could not say if the summonses were burning. I was 

 alarmed but not hurt, and afraid to go on. 



Cross-examined by Mr. Macdonald In what capacity did you go 

 with Martin to the Braes ? I think I went as ground-officer as Lord 

 Macdonald's servant. 



You did not go as Martin's concurrent ? I was sent there by Lord 

 Macdonald's factor, by whom I was employed. Martin was not to 

 pay me. 



Were the crowd principally women and children ? Yes, and men. 



Were they principally women and children ? No answer. Were 

 there more women and children than there were men ? I believe there 

 were more men. To make three shares of them, I believe there were 

 more men. More than one third were men. 



You said that Robertson was knocked down by some women and 

 men ? Yes. 



He had gone away from the crowd at that time ? Yes. 



When Martin came up first with the summonses, how was it he hap- 

 pened to take them out of his pocket ? They asked him where he was 

 going, and what brought him there, and he took the summonses out of 

 his pocket. He told them it was for that purpose he came. He kept 

 the summonses in his hand. 



Close to his body ? He held them out a little. He said, " Here they 

 are". Donald Nicolson then took them. He was not very close to 

 them, just past him a yard or two. 



Was not this what took place ? Did not Nicolson put out his hand 

 and take them? He was not so close as that. Was Martin offering 

 them at the time ? 



The Procurator-FiscalMartin did'nt say that. You are putting 

 words in the witness's mouth he never used. 



Mr. Macdonald If I put a question, it is not the part of the Pro- 

 curator-Fiscal to instruct his own witness what to say in answer to it. 



Cross-examination continued What were Martin's words ? He 

 said, "Here they are". I swear he did not say, "Here they are to 

 you ". I will swear to that. . 



Were they pointed in the direction of Nicolson ? They were pointed 

 in the way of the crowd as well as Nicolson. He was along with the 

 crowd. 



And he took the summonses ? Yes. 



