in her fate on several occasions, because she dared not trust such as
offered to assist her to escape, not even the sheriff-substitute.
The jury brought in a special verdict, finding that Jean Key, or Wright,
had been forcibly carried off from her house, as charged in the
indictment, and that the accused had failed to show that she was herself
privy and consenting to this act of outrage. But they found the forcible
marriage, and subsequent violence, was not proved; and also found, in
alleviation of the panel's guilt in the premises, that Jean Key did
afterwards acquiesce in her condition. Eleven of the jury, using the
names of other four who were absent, subscribed a letter to the Court,
stating it was their purpose and desire, by such special verdict, to take
the panel's case out of the class of capital crimes.
Learned informations (written arguments) on the import of the verdict,
which must be allowed a very mild one in the circumstances, were laid
before the High Court of Justiciary. This point is very learnedly debated
in these pleadings by Mr. Grant, Solicitor for the Crown, and the
celebrated Mr. Lockhart, on the part of the prisoner; but James Mhor did
not wait the event of the Court's decision.
He had been committed to the Castle of Edinburgh on some reports that an
escape would be attempted. Yet he contrived to achieve his liberty even
from that fortress. His daughter had the address to enter the prison,
disguised as a cobbler, bringing home work, as she pretended. In this
cobbler's dress her father quickly arrayed himself. The wife and daughter
of the prisoner were heard by the sentinels scolding the supposed cobbler
for having done his work ill, and the man came out with his hat slouched
over his eyes, and grumbling, as if at the manner in which they had
treated him. In this way the prisoner passed all the guards without
suspicion, and made his escape to France. He was afterwards outlawed by
the Court of Justiciary, which proceeded to the trial of Duncan
MacGregor, or Drummond, his brother, 15th January 1753. The accused had
unquestionably been with the party which carried off Jean Key; but no
evidence being brought which applied to him individually and directly,
the jury found him not guilty--and nothing more is known of his fate.
That of James MacGregor, who, from talent and activity, if not by
seniority, may be considered as head of the family, has been long
misrepresented; as it has been generally a
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