upon its face: being that outgoing ships may have time to carry news
of the transaction, and the summonsing be something other than a form.
Now take the case of Alan. He has no
dwelling-house that ever I could
hear of; I would be obliged if anyone would show me where he has lived
forty days together since the '45; there is no shire where he resorts
whether
ordinarily or extra
ordinarily; if he has a domicile at all,
which I misdoubt, it must be with his
regiment in France; and if he is
not yet forth of Scotland (as we happen to know and they happen to
guess) it must be
evident to the most dull it's what he's aiming for.
Where, then, and what way should he be summoned? I ask it at yourself,
a layman."
"You have given the very words," said I. "Here at the cross, and at
the pier and shore of Leith, for sixty days."
"Ye're a sounder Scots
lawyer than Preston
grange, then!" cries the
Writer. "He has had Alan summoned once; that was on the twenty-fifth,
the day that we first met. Once, and done with it. And where? Where,
but at the cross of Inverary, the head burgh of the Campbells? A word
in your ear, Mr. Balfour - they're not seeking Alan."
"What do you mean?" I cried. "Not seeking him?"
"By the best that I can make of it," said he. "Not
wanting to find
him, in my poor thought. They think perhaps he might set up a fair
defence, upon the back of which James, the man they're really after,
might climb out. This is not a case, ye see, it's a conspiracy."
"Yet I can tell you Preston
grange asked after Alan keenly," said I;
"though, when I come to think of it, he was something of the easiest
put by."
"See that!" says he. "But there! I may be right or wrong, that's
guesswork at the best, and let me get to my facts again. It comes to
my ears that James and the witnesses - the witnesses, Mr. Balfour! -
lay in close dungeons, and shackled forbye, in the military prison at
Fort William; none allowed in to them, nor they to write. The
witnesses, Mr. Balfour; heard ye ever the match of that? I assure ye,
no old,
crooked Stewart of the gang ever out-faced the law more
impudently. It's clean in the two eyes of the Act of Parliament of
1700, anent wrongous
imprisonment. No sooner did I get the news than I
petitioned the Lord Justice Clerk. I have his word to-day. There's
law for ye! here's justice!"
He put a paper in my hand, that same mealy-mouthed, false-faced paper
that was printed since in the
pamphlet "by a bystander," for behoof (as
the title says) of James's "poor widow and five children."
"See," said Stewart, "he couldn't dare to refuse me
access to my
client, so he RECOMMENDS THE COMMANDING OFFICER TO LET ME IN.
Recommends! - the Lord Justice Clerk of Scotland recommends. Is not
the purpose of such language plain? They hope the officer may be so
dull, or so very much the
reverse, as to refuse the
recommendation. I
would have to make the journey back again betwixt here and Fort
William. Then would follow a fresh delay till I got fresh authority,
and they had disavowed the officer - military man, notoriously
ignorantof the law, and that - I ken the cant of it. Then the journey a third
time; and there we should be on the immediate heels of the trial before
I had received my first
instruction. Am I not right to call this a
conspiracy?"
"It will bear that colour," said I.
"And I'll go on to prove it you outright," said he. "They have the
right to hold James in prison, yet they cannot deny me to visit him.
They have no right to hold the witnesses; but am I to get a sight of
them, that should be as free as the Lord Justice Clerk himself! See -
read: FOR THE REST, REFUSES TO GIVE ANY ORDERS TO KEEPERS OF PRISONS
WHO ARE NOT ACCUSED AS HAVING DONE ANYTHING CONTRARY TO THE DUTIES OF
THEIR OFFICE. Anything
contrary! Sirs! And the Act of seventeen
hunner? Mr. Balfour, this makes my heart to burst; the
heather is on
fire inside my wame."
"And the plain English of that phrase," said I, "is that the witnesses
are still to lie in prison and you are not to see them?"
"And I am not to see them until Inverary, when the court is set!" cries
he, "and then to hear Preston
grange upon THE ANXIOUS RESPONSIBILITIES
OF HIS OFFICE AND THE GREAT FACILITIES AFFORDED THE DEFENCE! But I'll
begowk them there, Mr. David. I have a plan to waylay the witnesses
upon the road, and see if I cannae get I a little harle of justice out
of the MILITARY MAN NOTORIOUSLY IGNORANT OF THE LAW that shall command
the party."
It was
actually so - it was
actually on the
wayside near Tynedrum, and
by the connivance of a soldier officer, that Mr. Stewart first saw the
witnesses upon the case.
"There is nothing that would surprise me in this business," I remarked.
"I'll surprise you ere I'm done!" cries he. "Do ye see this?" -
producing a print still wet from the press. "This is the libel: see,
there's Preston
grange's name to the list of witnesses, and I find no
word of any Balfour. But here is not the question. Who do ye think
paid for the printing of this paper?"
"I suppose it would likely be King George," said I.
"But it happens it was me!" he cried. "Not but it was printed by and
for themselves, for the Grants and the Erskines, and yon thief of the
black
midnight, Simon Fraser. But could I win to get a copy! No! I
was to go blindfold to my defence; I was to hear the charges for the
first time in court alongst the jury."
"Is not this against the law?" I asked
"I cannot say so much," he replied. "It was a favour so natural and so
constantly rendered (till this nonesuch business) that the law has
never looked to it. And now admire the hand of Providence! A stranger
is in Fleming's printing house, spies a proof on the floor, picks it
up, and carries it to me. Of all things, it was just this libel.
Whereupon I had it set again - printed at the expense of the defence:
SUMPTIBUS MOESTI REI; heard ever man the like of it? - and here it is
for anybody, the muckle secret out - all may see it now. But how do
you think I would enjoy this, that has the life of my kinsman on my
conscience?"
"Troth, I think you would enjoy it ill," said I.
"And now you see how it is," he concluded, "and why, when you tell me
your evidence is to be let in, I laugh aloud in your face."
It was now my turn. I laid before him in brief Mr. Simon's threats and
offers, and the whole
incident of the bravo, with the
subsequent scene
at Preston
grange's. Of my first talk, according to promise, I said
nothing, nor indeed was it necessary. All the time I was talking
Stewart nodded his head like a
mechanical figure; and no sooner had my
voice ceased, than he opened his mouth and gave me his opinion in two
words,
dwelling strong on both of them.
"Disappear yourself," said he.
"I do not take you," said I.
"Then I'll carry you there," said he. "By my view of it you're to
disappear
whatever. O, that's outside
debate. The Advocate, who is
not without some spunks of a
remainderdecency, has wrung your life-
safe out of Simon and the Duke. He has refused to put you on your
trial, and refused to have you killed; and there is the clue to their
ill words together, for Simon and the Duke can keep faith with neither
friend nor enemy. Ye're not to be tried then, and ye're not to be
murdered; but I'm in bitter error if ye're not to be kidnapped and
carried away like the Lady Grange. Bet me what ye please - there was
their EXPEDIENT!"
"You make me think," said I, and told him of the
whistle and the red-
headed retainer, Neil.
"Wherever James More is there's one big rogue, never be deceived on
that," said he. "His father was none so ill a man, though a kenning on
the wrong side of the law, and no friend to my family, that I should
waste my
breath to be defending him! But as for James he's a brock and
a blagyard. I like the appearance of this red-headed Neil as little as
yourself. It looks
uncanny: fiegh! it smells bad. It was old Lovat
that managed the Lady Grange affair; if young Lovat is to handle yours,
it'll be all in the family. What's James More in prison for? The same
offence: abduction. His men have had practice in the business. He'll
be to lend them to be Simon's instruments; and the next thing we'll be
hearing, James will have made his peace, or else he'll have escaped;
and you'll be in Benbecula or Applecross."
"Ye make a strong case," I admitted.
"And what I want," he resumed, "is that you should disappear yourself
ere they can get their hands upon ye. Lie quiet until just before the
trial, and spring upon them at the last of it when they'll be looking
for you least. This is always supposing Mr. Balfour, that your
evidence is worth so very great a
measure of both risk and fash."
"I will tell you one thing," said I. "I saw the
murderer and it was
not Alan."
"Then, by God, my cousin's saved!" cried Stewart. "You have his life
upon your tongue; and there's neither time, risk, nor money to be
spared to bring you to the trial." He emptied his pockets on the
floor. "Here is all that I have by me," he went on, "Take it, ye'll
want it ere ye're through. Go straight down this close, there's a way
out by there to the Lang Dykes, and by my will of it! see no more of
Edinburgh till the clash is over."
"Where am I to go, then?" I inquired.
"And I wish that I could tell ye!" says he, "but all the places that I
could send ye to, would be just the places they would seek. No, ye
must fend for yourself, and God be your guiding! Five days before the
trial, September the sixteen, get word to me at the KING ARMS in
Stirling; and if ye've managed for yourself as long as that, I'll see
that ye reach Inverary."
"One thing more," said I. "Can I no see Alan?"
He seemed boggled. "Hech, I would rather you wouldnae," said he. "But
I can never deny that Alan is
extremely keen of it, and is to lie this
night by Silvermills on purpose. If you're sure that you're not
followed, Mr. Balfour - but make sure of that - lie in a good place and
watch your road for a clear hour before ye risk it. It would be a
dreadful business if both you and him was to miscarry!"
CHAPTER X - THE RED-HEADED MAN
IT was about half-past three when I came forth on the Lang Dykes. Dean
was where I wanted to go. Since Catriona dwelled there, and her
kinsfolk the Glengyle Macgregors appeared almost certainly to be
employed against me, it was just one of the few places I should have
kept away from; and being a very young man, and
beginning to be very
much in love, I turned my face in that direction without pause. As a
slave to my
conscience and common sense, however, I took a
measure of
precaution. Coming over the crown of a bit of a rise in the road, I
clapped down suddenly among the
barley and lay
waiting. After a while,
a man went by that looked to be a Highlandman, but I had never seen him
till that hour. Presently after came Neil of the red head. The next
to go past was a miller's cart, and after that nothing but manifest
country people. Here was enough to have turned the most foolhardy from
his purpose, but my
inclination ran too strong the other way. I argued
it out that if Neil was on that road, it was the right road to find him
in, leading direct to his chief's daughter; as for the other
Highlandman, if I was to be startled off by every Highlandman I saw, I
would
scarce reach
anywhere. And having quite satisfied myself with
this disingenuous
debate, I made the better speed of it, and came a
little after four to Mrs. Drumond-Ogilvy's.
Both ladies were within the house; and upon my perceiving them together
by the open door, I plucked off my hat and said, "Here was a lad come
seeking saxpence," which I thought might please the dowager.
Catriona ran out to greet me
heartily, and, to my surprise, the old
lady seemed
scarce less forward than herself. I
learned long
afterwards that she had despatched a
horseman by
daylight to Rankeillor
at the Queensferry, whom she knew to be the doer for Shaws, and had
then in her pocket a letter from that good friend of mine, presenting,
in the most favourable view, my
character and prospects. But had I
read it I could
scarce have seen more clear in her designs. Maybe I
was COUNTRYFEED; at least, I was not so much so as she thought; and it
was even to my
homespun wits, that she was bent to
hammer up a match
between her cousin and a beardless boy that was something of a laird in
Lothian.
"Saxpence had better take his broth with us, Catrine," says she. "Run
and tell the lasses."
And for the little while we were alone was at a good deal of pains to
flatter me; always cleverly, always with the appearance of a banter,