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16 TRIAL OF DUNCAN CLERK AND 1734.
since he marched from his qiuarters with the party at the time at
which he is supposed to have heen murdered : Depones, Tliat on
Thursday, being the day immediately preceding Michaelmas, being
the twenty-eighth of September, one thousand seven hundred and
forty-nine, her husband went out very early in the morning from
Dubrach, and that four men of the party imder his command soon
after followed him, in order to meet the patrol from Gleushye,
and in the afternoon before four o'clock, the four men returned to
Dubrach, and acquainted the deponent that they had seen and
heard him fire a shot, as they believed, at Tarmatans, but that he
did not join company with them : That at the place appointed they
met with a corporal and a jiarty from Glenshee, and then retired
home : Depones, That her husband never returned ; that she has
never met with any body that saw him after the party returned from
the foresaid place, excepting the corporal that that day commanded
the party from Glenshee, who told her that, after the forementioned
party from Dubrach had gone away from the foresaid appointed
place, Serjeant Davies came up to him all alone, upon which the
corporal told him, he thought it was very imreasonable in him to
venture upon the hill by himself, as for his part he was not without
fear even when he had his party of four men along with him ; to
which Serjeant Davies answered, that when he had his arms and
ammunition about him, he did not fear any body he could meet :
Depones, That her husband, Serjeant Davies, made no secret of his
having the gold above mentioned, but upon the many different occa-
sions he had to pay and receive money, he used to take out his purse
and show the gold ; and that even when he was playing with chil-

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