TRIAL OF THE BRAES CROFTERS. 75 



saw some of the papers which Martin had burnt at Olach that day, but 

 these were different papers from those I saw scattered on the road at 

 Gedentailler. It was I who took the papers which were burnt at Olach 

 out of Martin's hand. He stretched out his hand holding these papers, 

 and I took them out of his hands. Somebody said I should not take 

 them, and I offered them back to him, but he would not take them, and 

 I let them fall on the road. At this time there were a good many 

 people about Martin, and some of them cried out to burn the papers, 

 but I am not sure whether I said this or not. Martin then asked for a 

 match, but there was no match to be found. A lighted peat, however, 

 was produced, and Martin set fire to one of the summonses, and then 

 the whole caught fire and were burned. The crowd did not very much 

 force Martin to burn the summonses. They told him to burn them, and 

 he did so. The crowd did not call bad names to Martin, but he told 

 the people he would be put out of his situation by the factor if he had 

 not come to give them the summonses that day. They did not say any- 

 thing worse than his name to him. I told him to move on, as I was 

 afraid the scholars and women would come and hurt him. He then 

 asked us to see him safe over the burn, and we did so. 



THE EVIDENCE FOR THE DEFENCE. 



Mr. Donald Macdonald, Tormore, examined by Mr. K'. Macdonald 

 You were factor for Lord Macdonald until about two years and a-half 

 ago ? Some time about that. 



You know the Braes ? I do. 



When you were factor did the tenants of the Braes townships com- 

 plain to you about the want of the hill of Ben-Lee ? They may have 

 done. I have no distinct recollection about their making any specific 

 charge. 



You know the story about the shepherd's house being built, about 

 which some of the crofters complained? Yes. 



What did you do ? Well, the complaint was that the tenant of Ben- 

 lee was building a house on a portion of what they considered their 

 land. 



The Sheriff All this occurred two or three years ago, Mr. Macdon- 

 ald ?-Yes. 



The Sheriff asked Mr. K. Macdonald if he meant to justify the 

 action of the prisoners by this evidence ? He did not see that it had 

 any relevancy. 



Mr. K. Macdonald It has a bearing on what followed. 



Mr. K. Macdonald (to witness) There was a lease of Benlee which 

 expires at Whitsunday 1882. Is not that so ? I believe it does. 



