Trial & Sentence
A Full and Particular Account of the
Trial and Sentence of JAMES DAL.
RYMPLE, for the Horrid and Cruel
Murder of DONALD FRASER, Labourer,
on Sunday the 23d February last, on
the road near Linlithgow, by Shooting
him, and who is to be Executed on
Wednesday the 3d June, 1840.
Edinburgh, 13th May 1840.?The trial of James
Dalrymple came on here before the High Court of
Justiciary, this day, accused of the murder of Don-
ald Fraser, labourer, on Sunday the 23d day of
February last, in so far as, " on the road leading
from Linlithgow to Queensferry by the Burgh-
muir and Hoptoun-wood toll-bars, in the county
of Linlithgow, and within 300 yards of the said
Burgh-muir toll-bar to the west thereof, or between
the said Burgh-muir toll-bar and Burgh-muir farm-
house, situated on or near to the said road, and now
or lately occupied by John Jamieson, farmer, you
the said James Dalrymple did wickedly and felon-
iously discharge a gun or fowling-piece loaded with
gun-powder, and with leaden shot or pellets, or
some other hard substances to the Prosecuter un-
known, at Donald Fraser, labourer, then or lately
before residing with Duncan Macfarlane, publican,
then and now or lately residing in or near Linlith-
gow, and the said shot or pellets, or part thereof,
having struck the said Donald Fraser on or near
his neck, left side, and back, or other parts of his
person, he was thereby mortally wounded, and
immediately or very soon thereafter expired, and
was thus murdered by you the said James Dal-
rymple." To which he pled Not Guilty.
Several witnesses were then examined in support
of the charge, whose evidence distinctly described
the circumstances of the case.
Exculpatory evidence was called to prove the
disorderly conduct of several Individuals speaking
the Gaelic language on the same roan on the night
libelled; as also the uniform good character and
peaceable disposition of the pannel.
The Jury were then addressed by Counsel for
the Crown, contending that whatever might be their
feelings for the pannel in this case, they were bound
to find against him a verdict of murder ss laid in
the indictment. Mr P. Robertson, at grert length,
followed for the pannel, holding they were entitled
to bring it in only as Culpable Homicide.
Lord Meadowbank then went over the whole
evidence, and explained the bearings of the law in
such cases. The Jury after a short consultation,
returned with a verdict finding the pannel Guilty
as libelled, by a majority of three, but unanimous-
ly and strongly recommending him to mercy. He
was then sentenced to be Executed at the usual
place of Execution, in the Lawnmarket, on Wed-
nesday the 3d of June, 1840.
Menzies, Printer, Bank Street.
View Commentary | Download PDF Facsimile
Date of publication:
1840 shelfmark: L.C.Fol.74(205)
View larger image