TRIAL OF PATRICK SELLAR. 183 



in causa for the Crown : The barns in Rhimsdale were pulled down ; 

 only one barn was left ; it is not the custom to remove the outgoing 

 tenant from the barns ; Mr. Sellar and his party destroyed them. Sellar 

 said he would give the people time to cut down the roofs, so that the 

 wood might be of more use to them. Witness lost the whole of his 

 crop. It is the custom to build the corn in small ricks and enclose it in 

 a yard. The sheep destroyed the corn, the fence being taken down by 

 the shepherds for fire wood, and thus the sheep got in ; the straw 

 belonged to Mr. Sellar as incoming tenant. 



nth, Alexander Manson, in Skale ; witness knows that it is the 

 custom for the tenants in Sutherland to keep their barns till their crop 

 be manufactured. He knows that some of the barns in Rhiphail were 

 destroyed by Mr. Sellar's orders and by his party ; he had some con- 

 versation with him about the barns, and Sellar said that they were his 

 own, and he might do with them what he pleased. According to the 

 rule of the country, the tenants put their furniture into the barns, but 

 this was ordered out by Mr. Sellar. Witness had no barn in Rhiphail. 

 There were nine tenants in Rhiphail and nine barns, three of these barns 

 were left and six were taken down. There was land in this place equal 

 to bear about 24 bolls sowing ; the tenants suffered loss in their crop, 

 from the want of their barns ; the sheep injured it ; the crop would have 

 been in the barns, if they had not been taken down. 



1 2th, John M'Kay, in Rhinovie, examined in initialibus. He never 

 subscribed any money for the purpose of prosecuting Mr. Sellar, but he 

 collected some, and went into Caithness for the purpose of soliciting 

 subscriptions. He does not remember hearing any part of the Military 

 Register read to him, but knows that a letter was sent to Mr. Cranstoun, 

 requesting that he would bring Mr. Sellar to justice. This witness 

 having been objected to, on the ground of undue and busy interference 

 and agency ; Lord Pitmilly said. No agency has been proved, and no 

 prosecution has taken place in consequence of the subscription which had 

 been raised ; I therefore cannot reject this witness as inadmissable ; but 

 the Jury have heard the objection, and will give what credit to the 

 witness they think he deserves. 



John M'Kay was then examined in causa : There were ten tenants in 

 Ravigill, of whom he was one ; by the custom in Sutherland, the out- 

 going tenant retains his barn till he gets his crop threshed. There were 

 ten barns in Ravigill ; eight were taken down, two left ; and there were 

 three kilns, two of which were taken down and one left ; the custom 

 is the same as to the kilns. The tenants lost a good deal of 



