TRIAL OF PATRICK SELLAR. 177 



words ; cannot mention the species of injury intended. Witness had 

 never any dispute or difference with M 'Kid. 



and, William Young, Esq. Witness remembers when Mr. Sellar was 

 imprisoned ; went to Mr. M 'Kid to offer bail ; M'Kid refused, and said the 

 crime was not bailable ; was advised by him to have as little to do with 

 Mr. Sellar as possible. Witness asked him his opinion as to what would 

 happen to Mr. Sellar, to which Mr. M'Kid answered, I am sorry to say, 

 if he is not hanged, he will certainly go to Botany Bay. 



Mr. Cockburn then addressed the Court very forcibly in support of 

 the objection ; Mr. Urummond answered, and Mr. Gordon replied. 

 Lord Pitmilly went over the grounds of objection, and the Court pro- 

 nounced the following interlocutor : " Lord Pitmilly having heard the 

 evidence in support of the objection, and having likewise heard the 

 counsel for the parties on the import thereof, repels the objection, and 

 allows the evidence of Robert M'Kid to be taken cum nofa, recom- 

 mending it, however, to the Advocate-Depute to pass from the evidence 

 of the witness in the circumstances of the case. " 



The Advocate-Depute, in respect of the recommendation of the Court, 

 then declared that he passed from the evidence of Mr. M 'Kid. 



Mr. Ross, Sheriff-Substitute of Ross-shire, was then sworn as inter- 

 preter, many of the witnesses being unable to speak English, and the 

 following persons were adduced. 



3rd, William Chisholm, residing in Badinloskin, sworn and examined 

 on the part of the panel in initialibus. Witness promised, two years 

 ago, to contribute part of the legal expenses to be incurred in bringing 

 Mr. Sellar before the Circuit Court, or the Criminal Court in Edin- 

 burgh. Witness's wife, Henrietta M 'Kay, also promised to contribute. 

 Examined in causa, on the part of the Crown : Witness remembers, 

 that in June, 1814, Mr. Sellar, in company with 20 men, besides four 

 Sheriff-officers, came to Badinloskin, pulled down, and set on fire the 

 house and barns ; some corn was also burnt, and three twenty-shilling 

 notes were consumed. This happened a little after ten on a Monday 

 morning. Witness's mother-in-law was in the midst of the fire, and no 

 person would dare to take her out till his sister-in-law, Janet M 'Kay 

 came. His mother-in-law was 100 years old, and confined to bed from 

 her age, but was not sickly. Sellar did not come up till about an hour 

 after the arrival of the officers, and when he arrived, witness heard him 

 desire the tenants to carry the old woman out to a sheep cot. Witness 

 speaks no English, but understands it a little. The house was not set 



