for him to say, that
according to the information he had received, such facts and
circumstances would come out upon proof as would be sufficient to
convince the Jury of the panels' guilt: That it was not meant that the
circumstances libelled were sufficient without others to connect with
them, the only intention of libelling upon these circumstances being to
show the panels what written evidence was to be adduced against them:
That he does not oppose the panels being allowed a proof of every fact
and circumstance that may tend to their exculpation: That as to the
delay complained of, the prosecutor can for himself say, that it is
owing to no intention of his to oppress the panels; he had early
information of the murder charged upon, and was very willing and
desirous it might come to light. The panels were at last accused and
committed for it, by the general voice of the country; and though at
first the proof against them did not appear so pregnant, yet it was
hoped, and was the general expectation of all in that part, that the
murder would be brought to light. This was the reason of continuing the
panels in confinement. And now that the prosecutor was ready to go on
to trial, he hoped their Lordships would find the indictment relevant,
and remit the panels to the knowledge of an assize, allowing them at
the same time a proof of every circumstance that may appear necessary
for their exculpation.

THE LORDS Justice Clerk and Commissioners of Justiciary, having
considered the indictment pursued at the instance of William Grant of
Prestongrange, Esq., His Majesties Advocate for his Majesties interest,
against Duncan Terig _alias_ Clerk, and Alexander Bain Macdonald, both
now prisoners in the Tolbooth of Edinburgh, panels, with the foresaid
debate thereupon: They find the said indictment relevant to infer the
pains of law; but allow the panels to prove all facts and circumstances
that may tend to elide the indictment, or exculpate them, or either of
them, from the guilt of the crime therein libelled: And remit the
panels, with the indictment as found relevant, to the knowledge of an
assize.

(Signed) CH. ARESKINE, I.P.D.

The Lords continue the diet at the instance of his Majesties Advocate,
against the said two panels, till to-morrow at seven o'clock in the
morning, and witnesses and assizers then to attend, each under the pain
of law, and the panels to be carried back to prison.

_CURIA JUST