TRIAL OF THE BRAES CROFTERS. 87 



took a leading part in this affair, and he stated that Donald 

 Nicolson caught hold of Ewen Robertson by the back of the 

 neck "and called out to me in language which was not very 

 polite," but it had reference to things which had taken place 

 before then. Robertson tells us more particularly how 

 Donald acted after the summonses had been plucked from 

 Martin. He laid hold of him by the neck and so on. 

 Now, I take it that this is an assault within the four corners 

 of this complaint. It will not do for any one to say that 

 because five or six witnesses did not see this that the affair 

 did not take place. There is the direct evidence of two 

 witnesses which is a great deal better than the indirect 

 evidence or negative testimony of a score. Therefore, if 

 Robertson's and Martin's evidence were true, Donald Nicol- 

 son was guilty of an assault. Now, if Donald Nicolson was 

 guilty of an assault, the question will then come to be, what 

 part did the others take in regard to this ? Donald Nicol- 

 son, according to Martin, came forward and took the papers 

 from him. The next person who comes on the scene is 

 Alex. Finlayson, and the proceedings that he adopts are 

 certainly of a most threatening character. There is no doubt 

 whatever that he had a stick in his hand, and the testimony 

 given by Robertson and others is that he comes forward 

 and threatens them, flourishing his stick and daring them to 

 proceed further. And then he proceeds to tell us of the 

 throwing of stones, in which Finlayson took an active part, 

 and in this way he became "art and part" with Nicolson in 

 the assault upon these men. I therefore take it that when 

 you have Nicolson behaving as he had done, and Finlayson 

 being there with him, and taking the part he did, that 

 Finlayson is guilty of the assault as a party as one acting 

 art and part with Nicolson. Then the next persons who 

 come before us are James Nicolson and the other two. 



