88 THE HIGHLAND CLEARANCES. 



These three men are not said to have done anything except 

 to be accessories along with these people. Peter Macdonald, 

 indeed, after a time, comes to make himself conspicuous by 

 telling Martin that unless he burns his papers, Martin would 

 not get home alive ; but there is no evidence of Macdonald 

 doing anything in particular beyond threatening Martin and 

 the others. Malcolm Finlayson appears afterwards near the 

 schoolhouse, and all three form part of the threatening 

 crowd. It appears to me, however, that Peter Macdonald, 

 Malcolm Finlayson, and James Nicolson did not take that 

 conspicuous part which Donald Nicolson and Alexander 

 Finlayson took. And, therefore, although the case against 

 each and all of these prisoners has been proved, I thinlc 

 there is a distinction between the conduct of Donald Nicol- 

 son, and Alexander Finlayson, and the others. These two 

 are really the persons who committed the assault, and a 

 distinction must be made between them and the others. 

 The judgment of the Court is that Donald Nicolson and 

 Alexander Finlayson be each fined ^2 ios., or, failing 

 payment, one month's imprisonment; and the other three 

 prisoners, Peter Macdonald, Malcolm Finlayson, and James 

 Nicolson, be each fined 205,, or fourteen days' imprisonment. 



LIBERATION OF THE PRISONERS. 



The result was received with some surprise, though not 

 with dissatisfaction. As the Sheriff summed up strongly 

 against two of the prisoners it was anticipated that the full 

 penalty in their case, at least, would be inflicted, and that 

 on the other three prisoners the sentence would have been 

 more severe than that pronounced. The leniency of the 

 judgment, therefore, was satisfactory to the audience. Dean 

 of Guild Mackenzie at once passed a cheque for the full 



