crime, aggravated as aforesaid, in so far as
the deceast Arthur Davies, serjeant in the regiment of foot commanded
by General Guise, being in the year one thousand seven hundred and
forty-nine, quartered or lodged alongst with a party of men or soldiers
belonging to the said regiment in Dubrach, or Glendee, in Braemar, in
the parish of ---- and sheriffdom of Aberdeen, he, the said Arthur
Davies, did, upon the twenty-eighth day September, one thousand seven
hundred and forty-nine, or upon one or other of the days of that month,
or of the month of August immediately preceding, or October immediately
following, go from thence to a hill in Braemar, commonly called
Christie, at the head of Glenconie, in the parish of ---- and
sheriffdom aforesaid. As also that same day, both of them, the said
Duncan Terig alias Clerk, and Alexander Bain Macdonald, went from the
house of John Grant, in Altalaat, armed with guns and muskets,
pretending when they went from thence that they were going to shoot or
hunt deer upon the said hill, to which place both of them having
accordingly gone, and there meeting with the said Arthur Davies, each,
or one or other of them, did, on the said twenty-eighth of September,
1749, or upon one or other of the days of that month, or of the months
aforesaid, cruelly and barbarously fire a loaded gun or guns at him,
which were in their hands, whereby he was mortally wounded, and of
which wounds he died on the said hill, immediately or soon thereafter,
where his dead body remained concealed for sometime, and was afterwards
found, together with a hat, having a silver button on it, with the
letters A. R. D. marked on it. LIKEAS, soon after the said Arthur
Davies was murdered, each of the said two panels, being persons of bad
fame and character, and who were habite and repute thieves, were, by
the general voice of the country, reputed to have perpetrated the said
murder, and to have robbed and taken from him a silver watch, two gold
rings and a purse of gold, which it was known or believed in the
country he generally wore or carried about him, which said opinion or
belief of the neighbourhood, that both of them had been guilty of the
said murder and robbery, has been since that time rendered the more
credible, particularly with respect to him, the said Duncan Clerk, in
so far as, although he was not possesst of any visible funds or effects
which could enable him to stock a farm before the period of the said
murde