For Monday 1st August
Court to meet at 8 o'clock

Lg 22:2

JOHN REID flesher, lately residing at Hillend, near to the west bridge of Avon, in the parish of Muiravonsfide, and fhire of Stirling, at present prisoner in the tolbooth of Edinburgh, you are indicted and accused, at the instance of JAMES MONTGOMERY of Stanhope, Esquire, his Majesty's Advocate, for his Majesty's interest: THAT WHEREAS, by the laws of this land and of every other well governed realm, *Theft*, especially *Sheep-stealing*, and *Reset of Theft*, or the being art and part of both, or either of said crimes, by stealing, receiving, or feloniously keeping, or having in one's possession a number of sheep, knowing them to have been stolen, for the purpose of felling, consuming, or making gain of them, or by feloniously dispossing of the carcaffes or fkins of part of such sheep, knowing them to have been stolen, are crimes of a heinous nature, and severely punishable, especially when committed by a person of bad fame, habit and repute to be a *Thief*, or *Sheep-flealer*: YET TRUE IT IS, That you, the said John Reid, are guilty actor, or art and part, of said crimes of theft, or sheep-stealing and reset of theft, or of one or other of said crimes, aggravated as aforesaid; IN SO FAR AS you did, upon the sixth day of October last, or upon one or other of the days or nights of the said month of October, or of the month of September immediately preceding, or of November immediately following, fteal, or feloniously away take from the farm of Medwenhead, in the county of Peebles, the property of William Lawfon of Cairnmuir, and rented by Alexander Gray tenant in Lyne, in the said county of Peebles, nineteen sheep, or some other number of sheep, the property of the said Alexander Gray; and, having stolen the fame, you did by yourself, or with the assistance of others, your associates, drive said sheep to your said house at Hillend, near to the west bridge of Avon, in the parish of Muiravonsfide and county of Stirling; and having kept them there, and in the neighbourhood thereof, did there kill a certain number of said sheep, and did fell or dispose of the fame, or part of the carcaffes and fkins thereof, to different persons at Falkirk, and in the neighbourhood of your said house, or in the town of Linlithgow: And Robert Paterfon herd to the said Alexander Gray, suspecting that you had stolen

A

len

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len faid sheep, having gone from faid farm of Medwenhead, after the
faid sheep had been amissing from thence, to your faid house of Hillend,
upon the eleventh, or one or other of the days of the month of Octo-
ber aforefaid, he did there discover three of faid sheep, in a park near to
your house, which had been put there by you to graze; and having
thereafter gone into your flesh-house or booth, where you was in ufe
to kill sheep, he there found two of faid sheep, which had been killed,
hanging up without the body-skin, but which, by the marks on their
heads, which were not separated from their bodies, he knew to be part
of faid sheep which had been stolen from the farm of Medwenhead as
aforefaid; and you, being conscious of guilt, did immediately, or soon
after the arrival of faid Robert Paterfon at your faid house, abfcond and
fly therefrom: And thereafter, the property of faid three living sheep,
and the heads of faid killed sheep, having been proved to belong to
faid Alexander Gray, before the deceafed Michael Ramfay of Mungall,
Efq; one of the juftices of the peace for the fire of Stirling, the fame
were, by his order, delivered to faid Alexander Gray. From all which it
is evident, that you the faid John Reid are guilty aſtor, or art and part,
of the faid theft and refet of theft. AT LEAST, time and place afore-
faid, a parcel of sheep, amounting to nineteen, or ſome other number,
the property of faid Alexander Gray, were ſtolen from faid farm
of Medwenhead; and you did feloniouſly receive part of faid sheep,
knowing them to have been ſtolen, or did feloniouſly keep the fame in
your poſſeffion, with a view to diſpofe thereof, and did actually diſpofe
of part thereof, or of part of the carcaſſes or ſkins thereof, knowing
faid sheep to have been ſtolen; or was otherways guilty aſtor, or art
and part, of faid theft and refet of theft, or of one or other of faid
crimes; and you are a perſon of bad fame, habit and repute a ſheep-
ſtealer. AND you the faid John Reid, having been brought before
Archibald Cockburn of Cockpen, Efq; his Majeſty's ſheriff-depute of
the county of Edinburgh, did, upon the twenty-third day of March
laft, emit a declaration, tending to ſhow your guilt in the premiſſes;
which declaration, ſigned by you and faid Archibald Cockburn, being
to be uſed in evidence againſt you, will, in due time, be lodged with
the

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the clerk of the high court of juſticiary, before which you are to be
tried, that you may fee the fame. ALL WHICH, or part thereof, or
that you the faid John Reid are guilty aſtor, or art and part, of the
faid theft, and refet of theft, or of one or other of faid crimes, aggrava-
vated as aforefaid, being found proven by the verdict of an affize before
the Lord Juſtice-General, Lord Juſtice-Clerk, and Lords Commiffion-
ers of Juſticiary, you ought to be punished with the pains of law, to
deter others from committing the like in time coming.

(Signed)

JA. MONTGOMERY.

LIST of WITNESSES,

2.—1 Alexander Gray tenant in Lyne, in the parifh of Lyne, and coun-
try of Peebles

1.—2 Paterfon herd to the faid Alexander Gray

3 John Paterfon fon to the faid Robert Paterfon

2.—4 Adam Sanderfon herd, or ſervant to David Stodhart in Eaſt-town
of Dunfyre

5 John Elder herd at Middle-Corſet, in the county forefaid.

6 Charles Johnſon herd at Wakefield, in the county forefaid.

7 William Paterfon tenant in Slipperfield, in the county forefaid.

8 William Black wright, ſome time journeyman with James White
and John Moir wrights in Falkirk, ſon of the deceafed Robert
Black wright in Paikſhole, in the parifh of Slamannan and ſhire
of Stirling

4.—9 William Black of Hillend, in faid county

10 James Inglis farmer at the Hainingmiln, in the county of Stirling

11 Robert ſimpſon changekeeper at Avon-bridge, in faid county, and
parifh of Slamannan

12 Marion Jaffray, or Jamfray, ſpouſe to the faid Robert ſimpſon

13 William

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13 William Marshall conftable, or fheriff-officer, near the weft bridge of Avon, in faid county

14 Robert Shaw of Bridgehill, in faid county, and parifh of Muiravonfide

15 Margaret Brown, wife of the faid Robert Shaw

16 William Caldwell, late refidenter in Broompark-well, near Wallhouse, in the county of Linlithgow, now refiding in Gardrum, parifh of Muiravonfide in faid county of Stirling

17 David Chrifte innkeeper in Falkirk

18 William Forrefter conftable at Falkirk

19 Thomas Callander baker and changekeeper there

20 Thomas Nicol flefher there

21 John Brock of Fogermount, in the county of Stirling

22 John Robert of Blackfton, in faid fire

23 Andrew Fisber tenant in Blackfton

24 Alexander Learmonth fkinner in Linlithgow

25 Anne Taylor, fpouse of John Nielfon, near Avon Bridge, in the fire of Stirling

26 James Black of Northbankhead, in the county of Stirling

27 William Gray portioner of Windygate in faid county

28 James Shaw of Dalquharn in faid county

29 Robert Summers meffenger in Lanerk

30 Andrew Smith innkeeper at Carnwath, parifh of Carnwath, and county of Lanark

31 Archibald Cockburn of Cockpen, Efq; fheriff-depute of the county of Edinburgh

32 John Stewart writer in Edinburgh

33 William Walker writer there

34 James Cunningham writer there

L I S T

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L I S T O F A S S I Z E .

1 Charles Elliot bookseller in Edinburgh 14

William Gordon bookseller there 15

Alexander Allan merchant there

Alexander Hope merchant there 1

5 Sir William Forbes banker there

Thomas Cumming banker there

John Robertfon printer there 2

Lawrence Dalgliefh watchmaker there

Andrew Bell engraver there 3

10 Alexander Aitchiefon jeweller there

Daniel Kerr jeweller there

James Hewet jeweller there

Charles Hunter bookbinder there

James Hunter merchant there 4

15 Thomas Summers glazier there

James Welfh jeweller there

Robert Clerk jeweller there

William Davie jeweller there

James Wemyfs jeweller there

20 Adam Davie jeweller there

William Taylor jeweller there

Charles Wright ftationer there

James Cowan watchmaker there 5

Patrick Robertfon jeweller there 6

25 Alexander Gardiner jeweller there 7

James Gilliland jeweller there

William Dempiter jeweller there

Heſtor Gavin engraver there 8

Robert Kinloch glover there

B

30 James

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marriage the deceased Ifabel Macbean, mother to the petitioner,
was the only ifue.

After Mr Macbean's death, his relict Janet Trent entered into a
second marriage with Mr Robert Baillie minifer of the golfel at
Hampton ; and as Maurice Trent, her eldeft brother, had then
been abroad, William the second brother, at that time merchant
in London, became a party to his fifter's marriage-contrad, and
engaged to pay Mr Robert Baillie the fum of 2000 merks as her
tocher.

That, of this date, the faid Ifabel Stewart, who had furvived
William Trent her hufband, purchafed from Mr Duff of Dru-
muir a finall tenement lying within the town of Invernefs, of
which ſhe entered immediately into poffeffion ; and ſoon there-
after ſhe took Ifabel Macbean, only child of her daughter Janet's
first marriage, to live with her in family.

At this time it was generally believed, that Ifabel Stewart was
to appoint Ifabel Macbean her heir in this finall tenement; which
appeared extremely natural, confidering that both the fons had been
out of the kingdom, and that Ifabel Macbean was the only grand-
child then in being by Janet Trent, her eldeſt daughter, who at
that time had no iflue by her ſecond marriage. At least one thing
is certain, that Ifabel Stewart kept her grandchild Ifabel Macbean
in family with her while ſhe lived.

Upon Ifabel Stewart's death in 1705, ſhe left Ifabel Macbean
ſole poffeffor of this tenement; and as ſhe was then very young,
her mother Janet Trent, and her ſtepfather Robert Baillie, being
her natural guardians, entered into poffeffion of this tenement.

When Robert Baillie had thus got once into poffeffion, he feems
to have afterwards maintained the fame in the character of cre-
ditor to William Trent, the ſecond fon of Ifabel Stewart, for pay-
ment of the tocher above mentioned, promifed him by William
Trent. After his death his fon William Baillie continued this
poffeffion down till 1740, when he alſo died.

William Baillie left an only fon, named *Robert*, who was the
grandchild of Provoſt Maclean of Inverneſs by the mother ; and
the Provoſt having taken a concern in his grandfon's affairs, ap-
pears to have fet this tenement for one year to a Mrs Mackay, who
kept a public-houſe in Inverneſs.

It would ſeem that this tenement had been in a ruinous con-
dition, when fet to the keeper of a public houſe, who, it is ad-
mitted,

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mitted, was in bankrupt circumstances; and from the nature of
her poffeffion, ſhe muſt have left the fame in a worſe condition
than ſhe found it; neither could Provoſt Maclean lay out his pu-
pil's funds in repairing a tenement to which he had no right. And
on this account no body offered for the houſe at the enfuing
term.

At this time the deceafed Mr Alexander Frafer, who was then
married to the faid Ifabel Macbean, entered into poffeffion of this
tenement, then vacant, as indeed he confidered himſelf to have a
better right to it than Robert Baillie, whoſe predeceſſers had been
paid off their ſuppofed debt, by a poffeffion for near forty years;
becauſe, while Mr Baillie's claims were thus ſatisfied, he, on the
other hand, had never received a ſhilling of the principal ſum of
400 merks, and upwards of thirty years annualment, which the
faid William Trent had in the fame manner become bound to pay
to him in his contract of marriage.

2dly, Because Ifabel Macbean had a moſt natural claim to this
tenement, as having been in poffeffion thereof before any of the
Baillies entered the fame. And,

3dly, Because the faid Ifabel Macbean was then the neareſt re-
lation in this country to Ifabel Stewart, the original proprietrix.

These are pretenfions which ſufficiently account for Mr Frafer's
entering into this poffeffion without confulting Provoſt Maclean ;
and ſenſible of the juſtice of them, the Provoſt made no oppoſi-
tion to Mr Frafer's attaining poffeffion.

As this tenement had been then in great diſrepair, Mr Frafer
laid out confiderable ſums of money in reparations, and kept the
poffeffion during his life, as well on account of his wife's connec-
tion with the real proprietor, as in payment of the debt due to
him by William Trent. But as upon his death he granted a diſ-
poſition of his whole effects in favour of his children, they came
of courfe to have right to any balance reſing of this debt; and on
that footing they had the beſt right to this tenement. But as the
faid Ifabel Macbean confidered herſelf to be the heir of her grand-
mother Ifabel Stewart, by her eldeſt daughter Janet Trent, ſhe
was adviſed to affume this poffeffion in her own right, independ-
ent of her children: and in pROfecution of this plan ſhe after-
wards obtained herſelf cognoſed as the heir of Ifabel Stewart, by
her faid daughter Janet.

During

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“ prefenter’s title, founded on his diligence, is defective; but ha-
ving also considered the other grounds of the representation and
“ anfwers, finds, That the repreſenter, in the right of Robert
“ Baillie, as apparent heir, is in this proceſs and competition in-
titled to challenge the cognition founded upon as Mifs Frafer’s
“ title: finds, That the ſaid cognition is inept and ineffectual: finds,
“ That the repreſenter, in the right of Robert Baillie the apparent
“ heir, is intitled to ſue for and recover the mails and duties of
“ the ſubjects in controverſy; and therefore prefers him, and de-
cerns.”

The petitioner apprehending herſelf to be aggrieved by the lat-
ter part of this judgement, ſuſtaining Robert Anderſon’s title up-
on the ſuppoſed apparen cy of Robert Baillie, offered a repreſenta-
tion againſt that part of it; upon adviſing of which, with an-
fwers, his Lordſhip was pleafed to adhere.

Feb. 6. 1772.

Robert Anderſon, on the other hand, offered a ſhort repreſenta-
tion againſt this interlocutor, ſo far as it adhered to the former in-
terlocutor of the 8th February: in which, without ſtating any ar-
gument, he only referved the liberty of arguing that point in his
anſwers to the petitioner’s repreſentation; and when that paper
appeared, it contained nothing further with regard to it than an
obſervation, That as it had been fully ſtated in the anſwers to the
defences, and received his Lordſhip’s deliberate judgement, it
ſhould be left there: Words which plainly import an acquieſ-
cence in the judgement of the Ordinary on that head; and ac-
cordingly that part of the question has, in conſequence of this
admission, been considered in the after procedure as finally deci-
ded.

On adviſing another repreſentation for the petitioner, with an-
fwers, the Lord Ordinary, of this date, was pleafed to adhere. And
ſome incidental circumſtances, unnecessary to be here ſtated, having
given occafion to two other ſhort repreſentations for the petitioner,
on the laſt of theſe the Lord Ordinary, of this date, gave the fol-
lowing deliverance. “ Ordains parties procurators to be ready
“ to debate upon the grounds of this repreſentation againſt next
“ calling.” And his Lordſhip, of this date, upon hearing par-
ties, reſuſed the repreſentation and adhered. And it being moved
by the petitioner, that the repreſentation for Robert Anderſon
had not been reſuſed; by which means that part of the Lord Or-
dinary’s judgement which it complained of remained open to re-


Feb. 22. 1772.

July 23. 1772.

July 28. 1772.

view,