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

48 & 12 .Tac. VI. CRIMINAL TRIALS. 321
Orkxay, and for taking oithe Ilouffls of Birjhy and KirktvaU ? Doponis, lie never gaif ony fuclie
directioun to liis fone.
Demaiullt, yf Im write ane Letter to his fone witli Pafrik Murray ? Grantis, tliat lie write Aitlie
ane Letter, and that the contentis thairof wes onlie to defire his fone to leave the cuntrey of Orknay,
and to reteir liini felf to Caithnes to the Laird of Jlitr/iU/.
Demandit, yf he write ane Letter to his fone Robert, with Duncane Mitc/icll, poill, and what wes
the contentis of the Letter ? Deponis, that he remeniberis that he caufit wryte ane Letter to liohert
with the faid Duncane Mitchell, Vthen the Depouner wes caryed Ira tlte Ciijtell of Edinburgh to Dun-
bartanc, hot he reraemberis not of the contentis of the Letter ; nather knawis he yf he fubfcryuit the
Letter, or how it wes directit on the bak.
Demandit, quhat verball directioun he gaif to Duncane Mitchell, the poifl, to cary to his fone Robert
at that tyme ? Denyis that he gaif him ony verball directioun, hot onlie to defyre his fone to gett
him money.
Grantis, that Duncane Mitchell broght him ane anfuer fra Robert, bearing, that he had tane the
Houfe of Birfay, becans the Schereff perfewit him. And that he had no other place of refudge to
keepe him in ; and that his man Downy Lyell wes hurt.
Denyis, that he fend ony directioun to his fone with Duncane Mitchell anent the taking of Birjay,
or that he had ony conference with Mitchell at his bak-comeing fra Orknay, anent Robertis taking of
Birfay, or anent the perfute of the Schereff.
Demandit, yf he wryte to Patrik Hcdcro to tak Barnard Steuartis^ lyffe ? Denyis the fame.
Grantis, that Patrik Halcro come to Dunbartane, and the Depounair niett with him thair. And
denyis, that thair wes ony fpeeche or conference with thame, hot generall woirdis ; and fayis, that he
nevir fpak fax woidis to Patrik Halcro.
Demandit, yf he had ony conference with Barnard Steuarte, anent his fone Robertis going to Ork-
nay ? Deponis, he neuir conferrit with him vpoun that fubiect.
Demandit, yf he caufit his man Johnne Schairp wryte ony Memoriallis to his fone Robert 9 or yf
the 3Iemoriallis contenit a directioun to his fone to fend to jVorroway for poulder ? Denyis, that ony
fuch Memoriallis wer writtin be him, or at his directioun ; and the depouner remeniberis not of ony
Memoriallis writtin be him to Robert.
Demandit, vf he had ony conference with his fone Robert, at ony tyme, forgeving oner of the CaJ-
tell of Kirkwall to tlic Bifchope ? Deponis, that he fand fault with his fone that he had gevin ouer the
Houfe, without taking Inventair, vnder the BiJ'chopis hand, of the goodis within the Houfe. And he
had no other cans of offence aganis his fone, for that earand.
Denyis, that euir he had ony conference with his fone, after the geving ouer of this Houfe to the
Bifchope, anent the taking of the Houfe agane ; or that he bad his fone prove any prettye man, yf the
Houfe come in his handis agane.
Demandit, yf he gaif ony directioune to Johnne Schairp to wryte ane Letter to his fone Robert,
willing him to follow his Memoriallis ? The depouner remeniberis not of ony fuehe Letter.
Demandit, yf he wryte ane Letter to his fone Robert, willing him to trye the cuntrey people, yf
thav wald tak his parte ? Denyis the writting of ony fuche Letter.
Demandit, quhat directioun he gaif to Johnne Schairp to carye to Orknay ? Deponis, that ho
directit him not to Orknay, hot fend and directit him heir to his Maie/teis Counfell, with Letteris to
xhs Erll of Glencairnc, Xo Ao' iov h\m at tlie Counjidlis h&nAis. An<l fayis, planelie, that the faid
Johnne Schairp had no directioun from the depounair to go to Orknay ; and that the faid Johnne
being comeing to this burgh, and getting informatioiin at the Cowde-bridge that Duncane Mitchell wes
' Keeper of the Castle of Birsay, who had been appointed by Sir James Stewart of Killeith, the new Chamberlain
and Sheriff-principal of Orkuay, under the King. ' To act or procure for him.
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