202 THE SUTHERLAND CLEARANCES. 



damage. But in point of law, as the Court of Session had 

 decided in a similar question, Mr. Sellar was not bound by 

 any such practice, but was entitled to proceed in the ejections. 

 In regard to the injury charged to have been done to 

 Margaret MacKay, his Lordship directed the attention of 

 the Jury to the evidence of Chisholm. This witness, 

 although contradicted in some particulars by his wife, was 

 confirmed by John MacKay, whose testimony his Lordship 

 also laid before them. On the other hand, he brought 

 under their view, the evidence of Sutherland, Fraser, and 

 Burns, and stated, that it was the duty of the Jury to 

 balance betwixt these two sets of witnesses. His Lordship 

 also said, that if the Jury were at all at a loss on this part of 

 the case, they ought to take into view the character of the 

 accused; for this was always of importance in balancing 

 contradictory testimony. Now here there was, in the first 

 place, real evidence, from the conduct of Mr. Sellar, in 

 regard to the sick, for this, in several instances, had been 

 proved to be most humane. And, 2ndly, there were the 

 letters of Sir George Abercromby, Mr. Brodie, and Mr. 

 Fenton, which, although not evidence, must have some 

 weight with the Jury; and there were the testimonies of 

 Mr. Gilzean and Sir Archibald Dunbar all establishing 

 Mr. Sellar's humanity of disposition. 



The Jury having retired for a quarter of an hour, returned 

 a viva voce verdict, unanimously finding Mr. Sellar NOT 

 GUILTY. 



Lord Pitmilly observed that his opinion completely con- 

 curred with that of the Jury, and in dismissing them after so 

 long a trial, he was happy to say they had paid the most 

 patient attention to the case, and had returned a verdict 

 satisfactory to the Court. 



The verdict having been recorded, 



