art was proclaimed King; his wearing the regimentals of Prince
Charles's body guards; his marching into Carlisle at the head of his
troops, with a white cockade in his cap; his presence at the battle of
Falkirk, in a field with Lords Kilmarnock and Pitsligo, who were at the
head of a corps of reserve. Six witnesses were examined, but there was
no cross-examination, except such as Balmerino himself attempted. The
witnesses were chiefly men who had served in the same cause for which
the brave Balmerino was soon to suffer. After they had delivered their
testimony, the "old hero," as he was well styled, shook hands cordially
with them. In one or two instances, as far as can be judged by the
answers, the evidence seems to have been given with reluctance. Lord
Balmerino being asked if he had any thing to offer in his defence, he
observed that none of the witnesses had agreed upon the same day as that
which was named in the indictment for being at Carlisle; and objected to
the indictment, that he was not at the taking of Carlisle as therein
specified. His objections were taken into consideration; the Lords
retired to their chamber, and there consulted the judges whether it be
necessary that an overt act of high treason should be proved to have
been committed on the particular day named in the indictment.

The answer being in the negative, every hope of acquittal was
annihilated for Balmerino. He gave up every further defence, and
apologised with his usual blunt courtesy for giving their Lordships so
much trouble: he said that his objections had been the result of advice
given by Mr. Ross, his solicitor, who had laid the case before counsel.
The question was then put by the Lord High Steward, standing up,
uncovered, to the Lords, beginning with the youngest peer, Lord Herbert
of Cherbury; "whether Arthur Lord Balmerino were guilty of high treason,
or not guilty?" An unanimous reply was uttered by all those who were
present; "guilty upon my honour." Lord Balmerino, who had retired while
the question was put, was then brought back to the bar to hear the
decision of the Lords. It was received with the intrepidity which had,
all throughout the trial, characterised the soldier and the man. During
the intervals of form, his natural playfulness and humour appeared, and
the kindness of his disposition was manifested. A little boy being in
the course of the trial near him, but not tall enough to see, he took
him up, made room for the chi