Series 2 > Miscellany of the Scottish History Society

DUNDEE COURT-MARTIAL RECORDS 41
having notice desir’d this deponent and other neighbours
to pursue them, which they accordingly did, and when
they came to the Boate of Cowper this deponent and the
rest heard that they had taken Mr. James Haliburton
of Cowper out of his bed demaunding mony of him,
and carrying him alonge till hee should pay the monie.
This deponent and the rest pursued them till they found
the said Bell with 6 more att Alexander Flemyng’s house
in Banevee,1 where Lt. Col. Gray entring the close and
firing uppon one of them the rest came out and fired
their pistolls, but made their escape by the darkenesse of
the night. The next day Lt. Col. Gray with this deponent
and others being inquiring after the said Bell and the
rest, the said Bell came and demanded his horse wheruppon
the Lt. Colonell apprehended him, that the said Bell
after hee was taken said, that hee would stab all the
comm[and]ers and that before six dayes were att an
end hee should take this deponent and David Kinlogh
out of their beds. Jo: Miller.
The information of Mr. James Rattray, taken uppon
oath in Court Dec. 2, 1651, saith, that on Sunday last
in the morning being in Cowper in the chamber with
Robert Bell, this deponent amongst other discourse
heard the said Bell say, that last Winter hee went out of
his quarters into the west with 3 or 4 more with him,
and kill’d 7 Englishmen, that after they had cutt 5
of their throates, two of them crying for mercy, hee
bid them kill them. J. Rattray.
Question. Whether Robert Bell shall bee tryed uppon
the 8th Article of Duties in Generali as a spie, and uppon
the 4th Article of Duties Morall for theft and robbery ?
Resolved in the affirmative.
Question. Whether uppon what lies before the Court
Robert Bell bee guilty of the said 8th and 4th Articles ?
Resolved in the affirmative (nemine contradicente).
1 I.e. Benvie.