He shook hands with me. "And I think my misses have some news for
you," says he, dismissing me.
I came away, vastly pleased to have my peace made, yet a little
concerned in conscience; nor could I help wondering, as I went
back, whether, perhaps, I had not been a scruple too good-natured.
But there was the fact, that this was a man that might have been my
father, an able man, a great dignitary, and one that, in the hour
of my need, had reached a hand to my assistance. I was in the
better humour to enjoy the remainder of that evening, which I
passed with the advocates, in excellent company no doubt, but
perhaps with rather more than a sufficiency of punch: for though I
went early to bed I have no clear mind of how I got there.
CHAPTER XVIII--THE TEE'D BALL
On the morrow, from the justices' private room, where none could
see me, I heard the verdict given in and judgment rendered upon
James. The Duke's words I am quite sure I have correctly; and
since that famous passage has been made a subject of dispute, I may
as well commemorate my version. Having referred to the year '45,
the chief of the Campbells, sitting as Justice-General upon the
bench, thus addressed the unfortunate Stewart before him: "If you
had been successful in that rebellion, you might have been giving
the law where you have now received the judgment of it; we, who are
this day your judges, might have been tried before one of your mock
courts of judicature; and then you might have been satiated with
the blood of any name or clan to which you had an aversion."
"This is to let the cat out of the bag, indeed," thought I. And
that was the general impression. It was extraordinary how the
young advocate lads took hold and made a mock of this speech, and
how scarce a meal passed but what someone would get in the words:
"And then you might have been satiated." Many songs were made in
time for the hour's diversion, and are near all forgot. I remember
one began:
"What do ye want the bluid of, bluid of?
Is it a name, or is it a clan,
Or is it an aefauld Hielandman,
That ye want the bluid of, bluid of?"
Another went to my old favourite air, The House of Airlie, and
began thus:
"It fell on a day when Argyle was on the bench,
That they served him a Stewart for his denner."
And one of the verses ran:
"Then up and spak' the Duke, and flyted on his cook,
I regard it as a sensible aspersion,
That I would sup ava', an' satiate my maw,
With the bluid of ony clan of my aversion."
James was as fairly murdered as though the Duke had got a fowling-
piece and stalked him. So much of course I knew: but others knew
not so much, and were more affected by the items of scandal that
came to light in the progress of the cause. One of the chief was
certainly this sally of the justice's. It was run hard by another
of a juryman, who had struck into the midst of Coulston's speech
for the defence with a "Pray, sir, cut it short, we are quite
weary," which seemed the very excess of impudence and simplicity.
But some of my new lawyer friends were still more staggered with an
innovation that had disgraced and even vitiated the proceedings.
One witness was never called. His name, indeed, was printed, where
it may still be seen on the fourth page of the list: "James
Drummond, alias Macgregor, alias James More, late tenant in
Inveronachile"; and his precognition had been taken, as the manner
is, in writing. He had remembered or invented (God help him)
matter which was lead in James Stewart's shoes, and I saw was like
to prove wings to his own. This testimony it was highly desirable
to bring to the notice of the jury, without exposing the man
himself to the perils of cross-examination; and the way it was
brought about was a matter of surprise to all. For the paper was
handed round (like a curiosity) in court; passed through the jury-
box, where it did its work; and disappeared again (as though by
accident) before it reached the counsel for the prisoner.