322 APPENDIX. 



above mentioned, and at last complied, and buried the bones 

 above mentioned : deposes, that upon the vision's first appearance 

 to the deponent in his bed, and after going out of the door, and 

 being told by it (the vision) that he was Sergeant Da vies, the 

 deponent asked him who it was that had murdered him, to which 

 it made this answer, that if the deponent had not asked him, he 

 might have told him, but as he had asked him, he said he either 

 could not, or would not, but which of the two expressions the 

 deponent cannot say ; but at the second time the vision made its 

 appearance to him, the deponent renewed the same question, and 

 then the vision answered, that it was the two men now in the 

 panel who had murdered him ; and being further interrogated in 

 what manner the vision disappeared from him first and last, 

 deposes, that after the short interviews above-mentioned, the 

 vision at both times disappeared and vanished out of his sight 

 in the twinkling of an eye ; and that in describing the panels by 

 the vision above mentioned, as his murderers, his words were 

 Duncan Clerk and Alexander Macdonald : deposes, that the 

 conversation betwixt the deponent and the vision was in the 

 Irish language : deposes, that several times in the harvest before 

 the Martinmas, after seeing the said vision, he was applied to by 

 Duncan Clerk, the panel, then to enter home to his service at that 

 time, which accordingly he did, and staid in his service just a 

 year ; and he being on the hill together with Duncan Clerk, 

 spying a young cow, desired the deponent to shoot it ; and though 

 Duncan did not bid him carry it home after it should be shot ; 

 yet the deponent understood that to be the purpose, when Duncan 

 desired him to shoot it, and which the deponent refused to do, 

 adding, that it was such thoughts as these were in his head when 

 he murdered Sergeant Davies; upon which some angry expressions 

 happened between Duncan and the deponent ; but when the 

 deponent insisted upon it that he could not deny the murder, 

 Duncan fell calm, and desired the deponent to say nothing of that 

 matter, and that he would be a brother to him, and give him 

 every thing he stood in need of, and particularly would help him 

 to stock a farm when he took one. At the time of deposing, the 

 deponent exhibited a paper, which is marked on the back by the 

 Lord Examiner, the deponent averring that he cannot write, 

 and deposes, that the said paper was put into his hands by the 

 said Duncan Clerk, who at the time told him it was a premium 

 of twenty pounds Scots to hold his tongue of what he knew of 

 Sergeant Davies : deposes, that while the deponent was in the 

 panel Clerk's service, and about Lammas, 1751, he showed to the 

 deponent a long green silk purse, and that he showed, also, to the 

 deponent the contents which were in it, namely, sixteen guineas 

 in gold, and some silver; and being interrogate what was the 

 occasion of showing this purse and money to the deponent, 

 deposes it was one of two which he does not remember either 

 he had come from Aberdeen with money, which he had got for 



