200 THE SUTHERLAND CLEARANCES. 



saw Donald M 'Death at Rhimsdale ; he was affected with a sore eye ; 

 Mr. Sellar said he would allow the dwelling end of his house to remain, 

 but would destroy the byre to prevent the people from keeping cattle 

 there. Cross-examined The tenants from Rossal were brought up by 

 Mr. Sellar to assist in removing the people. Part of the house was 

 taken down before the woman was removed ; the witness afterwards 

 assisted in setting fire to the house, as Mr. Sellar gave orders to do so. 



It was then represented for the panel, that a vast number of 

 additional witnesses in exculpation were in attendance ; but that the 

 Counsel conceived that it would be altogether superfluous to detain the 

 Court and Jury longer. 



MR. DRUMMOND addressing the Jury on the part of the 

 Crown, stated, that he gave up all the charges except the 

 one which regarded the ejections from the barns, and that 

 of real injury in the case of the old woman at Badinloskin. 

 He certainly did not think the evidence in this last case 

 was sufficient to establish culpable homicide ; but he 

 argued, that the circumstances proved were sufficient to 

 authorise the Jury in finding a verdict of guilty to the 

 extent of an injury, as she had been removed at the risk of 

 her life, which he maintained to be contrary to law. As to 

 the barns, he contended that the conduct of Mr. Sellar was 

 irregular and illegal, and consequently oppressive, the out- 

 going tenants being entitled, by the custom of Sutherland, 

 to retain them as long as the arable land. 



MR. GORDON addressed the Jury on the part of the 

 panel, and replied to the arguments used on behalf of the 

 prosecution. He entered at great length into the history 

 and objects of the prosecution; the preconcerted plan on 

 which certain persons had instigated the people of Strath- 

 naver to complain at first, and to persist afterwards; the 

 views they entertained of successfully opposing the improve- 

 ments of Sutherland, by affecting the noble persons to whom 



