The History of the Highland Clearances 19

The History of the Highland Clearances 19

TRIAL OF PATRICK SELLAR._[10]

 

[10] See Note A in Appendices.

 

 

For his action in connection with the Sutherland Clearances, Patrick

Sellar was placed on trial at a sitting of the Circuit Court at

Inverness in 1816. The bench was occupied by Lord Pitmilly. We give the

indictment, defences, judge’s summing up, and other particulars, but

omit the evidence, as no authentic record thereof is available.

 

 

THE INDICTMENT.

 

PATRICK SELLAR, now or lately residing at Culmaily, in the parish of

Golspie, and shire of Sutherland, and under factor for the Most Noble

the Marquis and Marchioness of Stafford. You are indicted and accused,

at the instance of Archibald Colquhoun of Killermont, his Majesty’s

Advocate for his Majesty’s interest: That albeit, by the laws of

this and of every other well-governed realm, culpable homicide, as

also oppression and real injury, more particularly the wickedly and

maliciously setting on fire and burning, or causing and procuring

to be set on fire and burnt, a great extent of heath and pasture,

on which a number of small tenants and other poor persons maintain

their cattle, to the great injury and distress of the said persons;

the violently turning, or causing and procuring to be turned out of

their habitations, a number of the said tenants and other poor people,

especially aged, infirm, and impotent persons and pregnant women,

and cruelly depriving them of all cover or shelter, to their great

distress, and the imminent danger of their lives; the wickedly and

maliciously setting on fire, burning, pulling down, and demolishing,

or causing and procuring to be set on fire, burnt, pulled down, and

demolishing, the dwelling-houses, barns, kilns, mills, and other

buildings, lawfully occupied by the said persons, whereby they

themselves are turned out, without cover or shelter, as aforesaid,

and the greater part of their different crops is lost and destroyed,

from the want of the usual and necessary accommodation for securing

and manufacturing the same; and the wantonly setting on fire, burning,

and otherwise destroying, or causing and procuring to be set on fire,

burnt, and otherwise destroyed, growing corn, timber, furniture,

money, and other effects, the property, or in the lawful possession

of the said tenants and other poor persons, are crimes of a heinous

nature, and severely punishable. Yet true it is, and of verity,

that you the said Patrick Sellar are guilty of the said crimes, or

of one or more of them, actor, or art in part; in so far as you the

said Patrick Sellar did, on the 15th day of March, 1814, or on one

or other of the days of that month, or of April and May immediately

following, and on many occasions during the said months of March,

April and May, wickedly and maliciously set on fire and burn, or cause

and procure John Dryden and John M’Kay, both at that time shepherds

in your service, to set on fire and burn a great extent of heath and

pasture, many miles in length and breadth, situate in the heights of

the parishes of Farr and Kildonan, in the county of Sutherland, and

in particular in the lands of Ravigill, Rhiphail, Rhiloisk, Rossal,

Rhimsdale, Garvault, Truderskaig, and Dalcharrel, whereby many of the

tenants and others in the lands aforesaid were deprived of pasturage

for their cattle, and in consequence thereof reduced to great distress

and poverty; and many of them were obliged to feed their cattle with

the potatoes intended for the use of their families, and with their

seed corn; particularly William Gordon, James M’Kay, Hugh Grant, and

Donald M’Kay, all then tenants in Rhiloisk aforesaid; John Gordon and

Hugh M’Beath, then tenants in Rhimsdale aforesaid; Donald M’Beath,

then tenant in Rhiphail aforesaid; Murdo M’Kay and John M’Kay, then

tenants in Truderskaig aforesaid. And further, you the said Patrick

Sellar did, upon the 13th day of June, 1814, or on one or other of

the days of that month, or of May immediately preceding, or of July

immediately following, together with four or more persons, your

assistants, proceed to the district of country above-mentioned, and

did, then and there, violently turn, or cause or procure to be turned

out of their habitations, a number of the tenants and poor people

dwelling there; and particularly Donald M’Kay, a feeble old man of

the age of four-score years or thereby, then residing in Rhiloisk

aforesaid; who, upon being so turned out, not being able to travel to

the nearest inhabited place, lay for several days and nights thereafter

in the woods in the vicinity, without cover or shelter, to his great

distress, and to the danger of his life. As also, Barbara M’Kay, wife

of John M’Kay, then tenant in Ravigill aforesaid, who was at the time

pregnant, and was moreover confined to her bed in consequence of being

severely hurt and bruised by a fall; and you the said Patrick Sellar

did, then and there, notwithstanding the entreaties of the said John

M’Kay, give orders that the said Barbara M’Kay should be instantly

turned out, whatever the consequences might be, saying, That you would

have the house pulled about her ears; and the said John M’Kay was

accordingly compelled, with the assistance of some women and neighbours

to lift his said wife from her bed, and carry her nearly a mile across

the country to the imminent danger of her life: As also, time last

above-mentioned, you the said Patrick Sellar did forcibly turn out, or

cause and procure your assistants aforesaid, to turn out, of his bed

and dwelling, in Garvault aforesaid, Donald Munro, a young lad, who

lay sick in bed at the time. And further, you the said Patrick Sellar,

did time aforesaid, wickedly and maliciously set on fire, burn, pull

down, and demolish, or cause and procure your assistants aforesaid

to set on fire, burn, pull down, and demolish a great number of the

dwelling-houses, barns, kilns, mills, and other buildings, lawfully

occupied by the tenants and other inhabitants in the said district of

country; and in particular, the houses, barns, kilns, mills, lawfully

occupied by the above-mentioned William Gordon, James M’Kay, Hugh

Grant, in Rhiloisk aforesaid; and John Gordon in Rhimsdale aforesaid;

As also, the barns and kilns in Rhiphail aforesaid, lawfully

occupied by Alexander Manson, John M’Kay, and others, then tenants or

residenters there; the barns and kilns in Ravigill aforesaid, lawfully

occupied by John M’Kay, Murdo M’Kay, and others, then tenants there;

and the barns and kilns in Garvault aforesaid, lawfully occupied by

William Nicol and John Monro, then tenants there; As also, the house

and barn in Ravigill aforesaid, lawfully occupied by Barbara M’Kay,

an infirm old widow, nearly fourscore years of age, and who was

obliged to sell three of her five cattle at an under value, in order

to support herself, her crop being destroyed from the want of her

barn: As also, the greater part of the houses, barns, kilns, mills,

and other buildings in the whole district of country above mentioned,

was, time aforesaid, maliciously set on fire, burnt, pulled down, and

demolished, by you, the said Patrick Sellar, or by your assistance or

by your orders, whereby the inhabitants and lawful occupiers thereof

were turned out, without cover or shelter; and the greater part of

their different crops was lost and destroyed from want of the usual and

necessary accommodation for securing and manufacturing the same; and

especially the lawful occupiers of the barns, kilns, mills, and other

buildings particularly above mentioned, to have been set on fire and

destroyed as aforesaid, did sustain great loss in their crops, from

being thus deprived of the means of securing and manufacturing the

same. And further, you, the said Patrick Sellar, did, time aforesaid,

culpably kill Donald M’Beath, father to Hugh M’Beath, then tenant in

Rhimsdale aforesaid, by unroofing and pulling down, or causing to be

unroofed and pulled down, the whole house in Rhimsdale aforesaid, where

the said Donald M’Beath was then lying on his sick bed, saving only a

small space of roof, to the extent of five or six yards, whereby the

said Donald M’Beath was exposed, in a cold and comfortless situation,

without cover or shelter, to the weather; and he, the said Donald

M’Beath, in consequence of being so exposed, never spoke a word more,

but languished and died about eight days thereafter, and was thereby

culpably killed by you, the said Patrick Sellar: Or otherwise, you,

the said Patrick Sellar, did, time and place aforesaid, cruelly expose

the said Donald M’Beath to the weather, without cover or shelter, by

pulling down and unroofing, or caused to be pulled down and unroofed,

the greater part of the house where he then lay sick in bed, to his

great distress, and the imminent danger of his life; and this you,

the said Patrick Sellar, did, notwithstanding the entreaties of the

said Hugh M’Beath, and others, you saying, in a rage, when it was

proposed that the said Donald M’Beath should remain, “The devil a

man of them, sick or well, shall be permitted to remain,” or words

to that effect. And further, you, the said Patrick Sellar, did, time

aforesaid, wickedly and maliciously set on fire, burn, and demolish, or

cause and procure your assistants to set on fire, burn, and demolish,

the dwelling-house, barn, kiln, sheep-cot, and other building then

lawfully occupied by William Chisholm in Badinloskin, in the parish

of Farr aforesaid, although you knew that Margaret M’Kay, a very old

woman of the age of 90 years, less or more, and who had been bed-ridden

for years, was at that time within the said house; and this you did,

notwithstanding you were told that the said old woman could not be

removed without imminent danger to her life; and the flames having

approached the bed whereon the said Margaret M’Kay lay, she shrieked

aloud in Gaelic, “O’n teine,” that is to say, “O the fire,” or words

to that effect; and was forthwith carried out by her daughter, Janet

M’Kay, and placed in a small bothy, and the blanket in which she was

wrapped was burnt in several places, and the said Margaret M’Kay

never spoke a word thereafter, but remained insensible from that

hour, and died in about five days thereafter, in consequence of the

fright and alarm; and, in particular, in consequence of her removal,

as aforesaid, from her bed into a cold and uncomfortable place, unfit

for the habitation of any human being; and the said Margaret M’Kay was

thereby culpably killed by you, the said Patrick Sellar; or otherwise,

you, the said Patrick Sellar, did, time and place aforesaid, cruelly

turn, or cause to be turned, out of her bed and dwelling-place, the

said Margaret Mackay, by setting on fire, burning, and demolishing, or

causing and procuring to be set on fire, burnt, and demolished, the

said house and other buildings, in manner above mentioned, to her great

distress, and the imminent danger of her life. And farther, all the

persons whose houses, barns, kilns, mills, and other buildings, were

burnt and destroyed, or caused and procured to be burnt and destroyed

by you, the said Patrick Sellar, all as above described, did sustain

great loss in their moss wood, and other timber, which was broken and

demolished, and destroyed by fire and otherwise, at the same time,

and in the same manner, with the buildings as aforesaid; and also in

their furniture and other effects, all their lawful property, or in

their lawful possession at the time: And, in particular, the said

Barbara M’Kay in Ravigill, aforesaid, lost her door and door-posts, and

timber of her house and barn, her meal-chest, and several articles of

furniture, all her property, or in her lawful possession, which were

then and there destroyed, or caused to be destroyed, by you, the said

Patrick Sellar, as aforesaid; and the greatest part of the furniture,

and timber belonging to the said William Chisholm, together with three

pounds in bank notes, and a ridge of growing corn, all the property, or

in the lawful possession of the said William Chisholm, in Badinloskin,

aforesaid, were then and there destroyed by fire, and otherwise, by

you, the said Patrick Sellar. And you, the said Patrick Sellar, having

been apprehended and taken before Mr. Robert Mackid, Sheriff-Substitute

of Sutherland, did, in his presence, at Dornoch, on the 31st day

of May, 1815, emit and subscribe a declaration; which declaration,

together with a paper entitled “Notice given to the Strathnaver

tenants, 15 Dec., 1813,” being to be used in evidence against you, at

your trial, will be lodged in due time in the hands of the Clerk of the

Circuit Court of Justiciary, before which you are to be tried, that

you may have an opportunity of seeing the same: at least, time and

places above-mentioned, the said heath and pasture, was wickedly and

maliciously set on fire and burnt, or caused and procured to be set on

fire and burnt, to the great injury and distress of the said tenants

and others; and the said persons were violently turned, or caused and

procured to be turned, out of their habitations, and deprived of all

cover and shelter, to their great distress, and the imminent danger

of their lives; and the said Donald M’Beath and Margaret M’Kay were

culpably killed in manner above mentioned, or were cruelly turned out

of their habitations as aforesaid; and the said dwelling-houses, barns,

kilns, mills, and other buildings, lawfully inhabited and occupied

by the said persons, were maliciously set on fire, burnt, pulled

down, and demolished, or were caused and procured to be set on fire,

burnt, pulled down, and demolished, and the inhabitants and lawful

occupiers thereof turned out as aforesaid; and the greater part of

their different crops was lost or destroyed, from want of the usual

and necessary accommodation for securing and manufacturing the same;