and at that time he apprehended that the pannel had wrested, or nearly wrefted, the earl's gun out of Milliken's hands, which he could not exactly obferve, as Milliken was betwixt him and the pannel; but conjectured it to be fo from Millken's giving the above blow and depones, That, being at the diftance, abovementioned, he neither observed the pannel cock the gun, or draw the trigger. And being interrogate by one of the jury, whether he heard lord Eglintoun call the pannel a fcoundrel, rafcal, or give him any bad names, or curfe or damn him, from the time that my lord first accofted him? depones, That he did not. Depones, That fome time after my lord had accofted the pannel, and demanded the pannel's gun; and he had refused to deliver it, my lord feemed to be in a paffion. Depones, That when the pannel was carried to Saltcoats his hands were tied behind his back, and he observed a little blood upon his brow, but he observed no wound. Caufa fcientia patet. And this is truth as he fhall anfwer to God-And further depones, that he did not obferve when the gun was brought from lord Eglintoun's coach; that after his lordship received the fhot he kept his eye clofe upon him, and did not observe faid gun till he faw Milliken and the pannel ftruggling about the gun, as above described; and that Milliken that time was about twelve yards diftant, as he thinks, from the place where the earl received the fhot: and this is alío truth as he fhall answer to God. (Signed) ANDREW WILSON. THO. MILLER. G 2 JOHN JOHN HAZLE, late fervant to the deceafed Alexander earl of Eglintoun, aged about twenty-two years, married, who being folemnly fworn, purged of malice and partial counsel, and interrogate, depones, That he was fervant to the deceased earl of Eglintoun in the end of October laft, and attended him when his lordship fet out from his own house in his coach, with an intention to go to Southennan. That having come to Parkhouse the earl came out of his coach, and went into his ftables to look at his horfes, and then went back to his coach, and proceeded to go on in the above road and being about a quarter of a mile from Parkhouse, fome of his fervants informed him, That they faw two men upon his lordship's grounds, and one of them had a gun. After which another fervant, as the deponent thinks Alexander Bartleymore, faid to my lord, that one of them was that Campbell, meaning the pannel.---After which my lord came out of his coach, and mounted the horfe which the deponent was leading, and rode towards the two men ; and Andrew Wilfon followed him, and the deponent a little behind. When my lord came up to the pannel, he afked him to give up his gun, which the pannel refused.---At least these were the first words the deponent heard pass betwixt them; though, as my lord was with the pannel fome little time before, other words might have paft which the deponent did not hear.That my lord having stept forward to lay hold of the gun, the pannel ftept back, holding the gun in his hand pointed towards my lord's body, and faid, if he did not ftand off he would fhoot him.-That he did not observe whether the gun was cocked or not, but he obferved the pannel's finger upon the trigger.That the earl faid, if he had his gun there he believed he could fhoot as well as the pannel, and then fent the deponent for the gun; and the deponent went and took the gun out of the coach, and delivered it to John Milliken, and bid him ride as fast as he could with it to my lord; and the deponent followed him : him on horseback. And when he was come up, he obferved the pannel retiring backwards with his gua in his hand, and his finger on the trigger, and the muzzle pointed to the earl; and the pannel, having kicked his heel against a stone, fell backwards, and the gun flew up and his heels flew up.-That the earl upon that did not advance, but stood still and smiled; after which the pannel raised himself, leaned upon his right elbow, and then levelled his gun at my lord's body, and then ftopt fome time and my lord was proceeding to go round the pannel's feet towards his head, as he thinks, and was about a yard and a half, or two yards, from the muzzle of the gun; and he faw the pannel point the gun at my lord, and faw the gun fired into my lord's body; but did not observe whether the pannel's finger was upon the trigger or not, After which my lord faid, that he was gone, and moved a little way from the place and laid himfelf down upon the ground.-That after this the pannel rofe up, and went to John Milliken, and took my lord's gun from him, and pointed it at the deponent to shoot him, and then pointed it to John Milliken. And the deponent knows that the earl's gun was not charged at the time, but it was primed by Milliken after he took it out of the coach.-That Alexander Bartleymore and Andrew Wilfon came to John Milliken's affiftance, and threw down the pannel to the ground, and took the earl's gun from him; and John Milliken gave him two or three ftrokes ; and he heard the earl cry out, that they fhould not hurt the pannel, but fecure him, and let the law take place. After which John Milliken was dispatched to Saltcoats for a doctor, and Bartleymore and Wilfon tied the pannel's hands behind his back with a garter, and brought him to the place where the earl was; and he heard his lordship fay to the pannel," Campbell, you have "fhot me, which I would not have done to you.' To which the pannel made no anfwer. That the earl had no arms, nor staff, nor whip, nor any thing else in his hands, from the time he first came up to the pannel, 'till he received the fhot. And that he did not grapple with the pannel, or use any harsh expref fions to him. That the earl upon this went into the carriage, and the deponent went to Irvine for a doctor, and heard no more of what paft. And being interrogate for the pannel, depones, That the deponent was fitting on horfe behind my lord about fifteen yards or fo when the gun was fired.-And being interrogate how he obferved my lord fmiling at Campbell's fall, depones, That my lord turned about towards the deponent, and he faw him fmile. And being further interrogate, When he faw Milliken prime the gun, depones, that it was after he carried it down to the fands. And being further interrogate, Whether any powder and fhot was brought by the deponent out of the coach? depónes negative. But he does not know whether Milliken had any fhot with him. -And that Milliken was about twenty or thirty yards. from the earl when he primed the gun. And being further interrogate for the pannel, depones, That the earl's gun was brought within twenty or thirty yards of his lordship when the pannel fell: and that it was about the fame diftance when the pannel's gun was fired. And depones, That he is now fervant to Archibald earl of Eglintoun, but is foon to leave him. Caufa fcientiæ patet. And this is truth, as he shall anfwer to God. And depones he cannot write. (Signed) JAMES FERGUSON. JOHN MILLIKEN, late fervant to the faid deceafed Alexander earl of Eglintoun, now refiding at Eglinton, aged forty years, unmarried, folemnly fworn. purged of malice and partial counfel, and interrogate, dépones, That a fervant of the late lord Eglintoun's, named John Hazle, came riding back from the earl at the time and place mentioned in the indictment, and defired the deponent to carry my my lord Eglintoun's gun to him, which happened to be in the coach: that the deponent did accordingly; but before he had time to charge the gun, which he knew was not charged, he heard and faw the shot from the pannel's gun, by which his mafter was killed. That he knows my lord's gun was not charged, because it was his the deponent's bufinefs to look after my lord's arms, and to carry the ammunition. Depones, That when he came near the earl as aforefaid, he heard the pannel fay, That by God he would fhoot the earl, if he were the best earl in the nation; and adds, That he heard no words from the earl at that time.-Depones, That when the earl was shot, he, the deponent, was at the distance of twenty yards from him. Depones, that he went up to my lord after he was hot, and my lord faid, "I am done "for." That next he attacked the pannel, ftruck him, and threw him down. That the pannel attempted to wreft the gun out of his hands, and did not fucceed, though he was very near it. The earl at the fame time called to the deponent to let the pannel alone. Depones, That Alexander Bartleymore affifted him in the ftruggle with the pannel. And that the deponent was foon thereafter fent for a furgeon to his mafter: but before he went he left his mafter's gun lying upon the ground. That when he returned with the furgeon, he faw the pannel with his hands tied behind his back; and that they were not fo tied when he went for the furgeon. And upon an interrogatory in behalf of the pannel, depones, That he was about to charge my lord's gun, when the fhot from Campbell's gun went off. Caufa fcientiæ patet. And this is the truth, as he fhall answer to God. (Signed) JOHN MILLIKEN. HENRY HOME. ALEX |