Bannatyne Club > Criminal trials in Scotland, from A.D. M.CCCC.LXXXVIII to A.D. M.DC.XXIV, embracing the entire reigns of James IV. and V., Mary Queen of Scots and James VI > Volume 3

44&9.TAC. VI. CRIMINAL TRIALS. 195
upon the examinations of James Wilson, Abraljam INIacniillan, William Ciicliton, and Fyfe and George
Erskine, &c. led before Sir William Murray of Newtoun, and other Commissioners, at Dalkeith, Jun.
14, 1661,) it is stated, that ' Ther being enimitie betuixt the laid Chrilliane and Alexander Willbne
her brother, and Ihoe having often tymes threatned him, at lenth, about 7 or 8 monthes iince, altho'
the faid Alexander was fene that day of his death, at three houres af'ternone, in good health, walking
about his bulihelfe and othee ; yitt, at fyve howres in that fame night, he was fownd dead, lying in his
owne howfe, naked as he was borne, with his face torne and rent, without any appearance of a (pot ol
blood either wpon his bodie or neigh to it. And altho' many of the neiboures in the toune (Dalkeith)
I'ome into his howfe to fee the dead corpe, yitt flio newar offered to come, howbeit her dwelling was
nixt adjacent thairto ; nor had (hoe fo much as any feiming greiff for his death. Bot the Minitler and
Baillifles of the towne, taking great fufpitione of her, in refpect of her cairiage, comandit that llioe
ihowld be browght in ; bot when ihoe come, ihoe come trembling all the way to the howfe — bot
Jhoe refuijid to come nigh the corps or to tuitcii it, faying, that ihoe " nevir tuilched a dead corpe
in her lyfe !" Bot being eavneiUy defyred by the Minilter, Baillifles, and hir brother's friends who was
killed, that ihoe wold " bot tuitch the corpes fofilie" fhoe granted to doe it — but before ihoe did it, the
Sone being Ihyning in at the howfe, ihoe expreft her felfe thus, humbly dcfyring, that " as the Lord
made the Sone to ihyne and give light into that howfe, that alfo lie tvald give light to difcoreriiig of
that Murder /" And with thele words, flioe tuitcheing the wound of the dead man, verie faftlie, it
being whyte and cleane, without any fpot of blod or the lyke ! — yitt imediatly, whill her fingers teas
wpon it, THE BLOOD RUSHED owT OF IT, to the great admiratioune' of all the behoulders, who tooke
it for di/covcrie of the Murder, according to her owne prayers. — For ther was ane great lumpe of flelli
taken out of his cheik, fo i'mowthlie, as no rafor in the world cowld have made fo ticht ane incifloune,
wpon fleili, or cheis — and ther wes no blood at all in the wownd — nor did it at all blead, altho' that
many perfones befor had tuitched it, vvhill^ flioe did tuitche it ! And the howfe being fearched all
over, for the ihirt of the dead man, yitt it cowld not be found ; and altho' the liowfe was full of people
all that night, ever vatching the corpes f neither did any of them tuitch him that night — which is
probable* — yitt, in the morneing, his ihirt was fownd tyed fall abowt his neck, as a brecharae,' non
knowing how this come to pafs ! And this Crillian did inimediatlie traniport all her owne goods owt
of her own liowfe into her dowghter's, purpofing to flie away — bot was therwpon apprehendit and im-
priioncd.'
(vi.) The next instance which shall be cited, refers immediately to the Case of the Mures of
AucHiNDRANE ; being an extract from a ' Relatione of quhat pail betwixt the Commitie^ and Mr
J.^MES Mitchell,' &c.^ January 18, 22, and 24, 1676. In the course of the pleadings as to the
lawfulness of inflicting Torture, the following interesting passage occurs. " Bot in this preparative,
the practife is wnparalelled, to put a perfon to it be fuch a Tortowr, to turne (contrarie the cowrfe of
nature and expreffe law of God) to be his own accufer ; no, not in Peiter Aroy, the Highland Rober
tooke liis bed, and newer rose agane, but died within a few dayes ; .\nd in tbe t\nue of his sicknes, he alwayes cryed
owt, that the said Cristiane wes present befor him, in the liknes of ane gray catt ! And some tyme eftir his death,
James Ricbai-dsone, nephew to the said AVilliame, being a boy playing in the said Cristiane her yaird, and be calling
her ZaH/Aeme, shoe tbreatned, that * if he held not his peace, shoe sowldcawse him to die the death his nepbew(uncle)
died of !' Whairby it would appeare that shoe tooke wpon hir his nepheas (uncle's) death."
' Wonder ; amazement. ^ Until. That is, many previous trials had been made of other persons suspected, or
of those who were near neighbours, perhaps living at enmity with the deceased, who had voluntarily offered them-
selves to this solemn ordeal, or had been called upon thus publicly to attest their innocence of his blood. ' Hold-
ing the lyke-ivuhe. ' Can be proved, by testimony or probation. ' The large collar which goes about a
draught-horse's neck. " Of the Estates of Piuliament. ' Wodrow'x MSS. as to ' the Sufferings,' Adv.
Lib. xxxvi. Quarto, No. -2. This Document relates to the Tortures used to Mitchell, who had been accused of an
attempt to Murder, by shooting a pistol at Archbishop Shiirpe,aml the Bishop of Orkney, Jul. 9, 1668, &c. 29 Car.
II, Jan. 7, 1677. See for the paiticulais of her Trial, Salm. State Trials, p. 334-, &c.