TRIAL OF PATRICK SELLAR. l8l 



shepherd, and another man ; but he was not present, being at his 

 mother's funeral ; he saw no houses burnt. It is the practice in Suther- 

 land for the outgoing tenant to retain his barns till he shall thresh out 

 his crop. Witness had one barn ; his farm was Rhimsdale. Witness's 

 father died about ten days after the houses were pulled down ; his 

 father was in a corner of the house, and was left there till he died ; the 

 whole house was taken down, except a small space above his father's 

 bed. Witness began to pull down the house himself, hearing that the 

 party were pulling down the other houses, and destroying the wood. 

 Witness took off the divots, and left the couples and the side trees 

 standing, as he was obliged to go away to his good-mother's burial, and 

 did not return for four days. On his return he found the couples cut 

 with an axe, and his father in the house. There was a clay partition 

 standing between his father and the weather, but this was not entire, 

 and the wind was coming in. Witness cannot say that this occasioned 

 the state in which he found his father ; witness went to Langdale on the 

 Saturday, before the houses were pulled down, to request, that Mr. 

 Sellar would allow his father to remain as he was weak and lying ill in bed. 

 Mr. Sellar refused, and said that they must remove by Tuesday or 

 Wednesday well or ill. His words were, "De'ila aneofthem shall 

 remain". Witness's father-in-law said to Sellar, "That is rather 

 cruel" ; to which he rejoined, " It's no business of yours ". Sellar then 

 asked his name, and put it down in his pocket-book, to look after him. 

 Cross-examined Did not see Sellar when they were pulling down the 

 house. Witness's father was in bed long before this, as he had a large 

 sore on his eye, which had begun five years before. 



yth, George Ross, in Skelpick, saw Barbara M 'Kay's house pulled 

 down, but does not know whether she had a barn ; knows nothing 

 about her cattle ; the house was pulled down by the Sheriff-officer and 

 party. 



8th, James M'Kay, in Skale, knows Donald M'Kay in Rhiloisk, 

 who was turned out of, or left his house, in June, 1814 ; saw him sitting 

 or lying in the woods sometime after this. There was no house in 

 which he could find shelter, as they were all pulled down, except the 

 one occupied by Mr. Sellar's shepherd. Witness proposed to take 

 Donald to his house, but he gave him no answer. Donald was infirm 

 before this, by reason of old age. There were houses on the other side 

 of the river Naver, but witness does not know if Donald M'Kay was 

 able to go over. The nearest house was about an English mile distant, 



