Series 1 > Records of the Proceedings of the Justiciary Court Edinburgh, 1661-1678 > Volume 1, 1661-1669

JUSTICIARY PROCEEDINGS
146
[JUNE
John Smallat, ffactor for the Earl of Glencairne, donator of
the Usury agt Bessie Dickson and others.
Edinburgh 1st June.
a Dietnto anunf ^r- Robert Dickson, Advocate, as Procurator for the Vis-
certain day is count of Kemnure, pursued by the Master of Herries in the
deserting theh Criminall Action for stealling of the Writs frequently above
D‘et- mentioned produces a new warrand frae the Privy Councill to
continue the Diet till the Councill’s furder order. JVoia This
was all one as to command the Justices to desert it, because
they cannot continue till an uncertain day and therefore they
do desert it.
George Weir in Blackhill, declared fugitive for the Slaughter
of Andrew Cleland.
Eodem Die divers Witnesses unlawed for not compearing in
the Actions pursued by James and William Leitches ag* Ross
of Kilmorie and others, and the Laird of Kilravock and his
Tenant ag‘ Hector Mclaughlane and others, and this last
Action continued as also the Action the said Adam Muschett
agt Wetherspoon.
Edinburgh 4 June 1666. Deput Cuningham only
present.
slaughter. McIntosh agl Ross of Kilmony and others indited for the
Slaughter of Angus M intosh, Procurator for the Relict and
nearest of kin of the Defunct.
Sir Geo. Lockhart for the Pannells alledges that att the time
and place lybelled 2 of the Defenders, Donald Ross and Hector
McLaughlanegeir were in their own houses, distant from the
place of the alledged murder 4 or 5 miles. Like as the said
Murder having been committed in the inner part of the said
Marion Taylor’s house in Tarnua where the fire stands, the
other two were in a distant room of the said house and so
having been alibi the time of the alledged murder, they cannot
pass to the knowledge of an Inquest.
Replies Birnie that neither members of the Answer is rele¬
vant against that part of the Dittay anent commanding and