EVIDENCE IN EXCULPATION. 



IT was stated on the part of the panel, that Mr. Sellar meant to 

 have adduced, as witnesses to his character, Sir George Abercromby of 

 Birkenbog, baronet, Sheriff-Depute of the county of Elgin and Nairn ; 

 George Fenton, Esq., Sheriff-Substitute of that county; and James 

 Brodie, Esq. of Brodie ; but that these gentlemen were unfortunately 

 unable to attend from bad health ; and regular medical certificates of 

 the inability of Messrs. Brodie and Fenton had been transmitted. It 

 was therefore proposed to read letters which these three gentlemen had 

 written, containing their opinion of Mr. Sellar's character for humanity, 

 which, although not regular evidence, were usually received in the 

 practice of the Criminal Court, in relation to points of character. To 

 this proposal the Advocate-Depute made no objection ; and the fol- 

 lowing letters were then read : 



LETTER JAMES BRODIE, Esq. of Brodie, to Mr. JAMES 

 ROBERTSON, Writer to the Signet. 



BRODIE HOUSE, 2oth April, 1816. 



SIR, Having received a citation, at the instance of your client, Mr. 

 Patrick Sellar, as a witness on his trial, I am truly sorry that my state 

 of health is such as puts it totally out of my power to obey it ; and I 

 have therefore been obliged to send a certificate for that purpose. 



As, I presume, the only motive for calling on me, must have been to 

 bear witness to his character, I sincerely regret that I am prevented 

 from doing him that act of justice. I have known him intimately from 

 his infancy ; and he was for many years, while he resided in this 

 country, my man-of-business. I always considered him a person of the 

 strictest integrity and humanity, incapable of being even accessary to 

 any cruel or oppressive action. I am, &c. 



