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Curia Justiciaria S. D. N. Regis tenta in nova
Seffionis Domo de Edinburgh decimooɛtavo die menfis Decembris millefimo feptingentefimo fexagefimo nono, per Honorabiles viros Thomam Miller de Barskimming dominum justiciarum clericum, Alexandrum Boswell de Auchinleck, Jacobum Ferguson de Pitfour, Georgium Brown de Coalston, & Robertum Bruce de Kennet dominos commiffionarios justiciarie diet. S. D. N. Regis.
Curia legitime afirmata. INTRAN. MUNGO CAMPBELL, excise-officer at
Saltcoats in the county of Air, and present prisoner in the Tolbooth of Edin
burgh, Pannel, Indicted and accused at the instance of Archibald
earl of Eglintoun, brother-german to the deceased Alexander earl of Eglintoun, with concourse, and also at the instance of James Montgomery, Esq. his Majesty's Advocate for his B
Majesty's interest, for the crime of murder, in manner mentioned in the criminal indictment raised against him thereanent, bearing,
THAT where, by the law of God, and the laws of this and every other wels governed realm, MURDER, or the feloniously bereaving any of his Majesty's subjects of their lives, is a most atrocious crime, and severely punishable; YET TRUE IT IS, and of verity, that you, the said Mungo Campbell, have 'presumed to commit, and guilty, actor, or art and part of the said crime; IN SO FAR As the deceased Alexander earl of Eglintoun having, upon the twenty-fourth day of October, in this present year one thousand seven hundred and sixty-nine, or upon one or other of the days of that month, or of the month of September preceding, or November following, gone out from his house of Eglintoun, in the county of Air, in his coach, to look at some of his grounds, and being told by one of his servants,
the road from Saltcoats to Southennan, within the parish of Ardroffan, and said county of Air, that he observed two persons, one of them with a gun, at a small distance, upon his lordship's ground of Ardroffan, the said deceased earl (who, by an advertisement in the news-papers, had forbid all unqualified persons to kill game within his estate) came out of his coach, unarmed, and mounted a horse which was led by his servant, and, leaving in his coach an unloaded gun, he rode towards the two persons, who, in the mean time, went off the earl's grounds of Ardrossan into the adjacent sands, and he having come near to the two persons on the said fands, and discovering the one with the gun to be you, the said Mungo Campbell, he accosted
you, by saying, Mr. Campbell, I did not expect to have found you so soon upon my grounds, after the promise you made me when I last catched you, when you had shot a hare; and the earl having thereupon defired you to deliver your gun to him, you refuted so to do; and, upon the earl's approaching towards you, you cocked your gun, and presented or pointed it at him: and upon the earl's then saying, Sir, will you shoot me? you answered, that you would, if his lordship did not keep off; to wbich the earl replied, that if he had his gun he could shoot pretty well too, or used words to that import; and defired his servant to bring his gun from his coach, which was then at some distance, and the earl having dismounted, and walked towards you, leading his horse in his hand (without arms or offensive weapons of any kind) you retired, or ftept backwards, as he approached, and con
tinued to point your gun at him, defiring his lordship again to keep off, or, by God, you would shoot him; and a fer. vant, near to the earl, having begged of you, for God's sake, to deliver your gun, you again refused, saying, you had a right to carry a gun; to which lord Eglintoun answered, that you might have a right to carry a gun, but not upon his eftate without his liberty; but you still persisted in refusing to deliver your gun; and by striking your foot against a small ftone, having fallen upon your back when retiring and keeping your gun pointed at lord Eglintoun, as above described, the muzzle of the gun came thereby to be altered in the direction from lord Eglintoun, and to be pointed near straight upwards; and lord Eglintoun, who was only distant from you two or three yards, having stopped or stood still upon your falling, you, as soon as you could, recovered yourself, and, resting upon your arm or elbow, aimed or pointed your gun to the faid Alexander earl of Eglintoun, and wickedly and feloniously fired it at him, then standing unarmed, smiling at your accidental fall, and by the shot he was wounded in the belly in a dreadful manner, the whole lead-shot in the gun having been thrown into his bowels, of which wound the said Alexander earl of Eglintoun died that night about twelve o'clock. And you the said Mungo Campbell, after perpetrating so cruel, wicked, and barbarous a crime, did immediately run to one of lord Eglintoun's servants who had brought his gun from his coach, and who was standing at some distance, and endeavoured to wrest the gun from him, but was prevented by the assistance of another servant; and when the two servants were engaged with you defending the gun, and endeavouring to secure you, the earl, who was then fitting on the ground, called to the servants to secure the
man, for he had shot him, but not to use him ill,” or used words to that purpose and effect; and upon your being brought near to lord Eglintoun, he said to yourself, “ Camp“ bell, I would not have shot you.” And you, the faid Mungo Campbell, when carrying from the place where you committed the foresaid crime, to Saltcoats and Irvine, did acknowledge to fundry persons, that you had wilfully and intentionally shot the faid Alexander earl of Eglintoun : AND the said Alexander earl of Eglintoun, when within two or three hours of his death, in giving an account to John Moor, surgeon in Glasgow, who was called to give what affiftance he could in the way of his profession, of what had paffed between you and him, did in subsistance say, that you, the said Mungo Campbell, did take an aim at him, and shot him wilfully, and which account of the matter was given by the said Alexander earl of Eglintoun with the greatest
calmness and composure; and you, the said Mungo Campbell, having been brought before Charles Hamilton of Craighlaw, Esquire, a justice of peace of the county of Air, upon the said twenty-fourth day of O&tober one thousand feven hundred and fixtynine; and thereafter before William Duff, Esquire, Sheriff Depute of the county of Air, upon the twenty-seventh day of the said month of O&tober, you did voluntarily emit two declarations, which were subscribed by you, and will be used in evidence against you upon your trial: and, for that purpose, both declarations Mall be lodged in the hands of the clerk of the court of justiciary, before which you are to be tried, that you may see the fame: AT LEAST, at the time and place above described, the faid Alexander carl of Eglintoun was feloniously murdered, or bereaved of his life, by a wound he received from the shot of a gun, and of which wound he died in about twelve hours, or some fiort space thereafter; and you, the said Mungo Campbell, was actor, or art and part of the said murder. ALL WHICH, or part thereof, being found proven by the verdict of an afrize, before the lord justice general, justice clerk, and commissioners of justiciary, you ought to be punished with the pains of law, to the terror of others to commit the like in time coming.
After reading the indictment, the court observed, That the
indictment sets forth, that the deceased earl received the shot of which he died upon the sands adjacent to the grounds of Ardrossan ; and desired the counsel for the prosecutors to explain if they meant the deceased earl received his wound upon the sands of the sea, and within the flood-mark,
The lord-advocate admits that the deceased earl received
the shot of which he died upon the sands of the sea, and within the flood.mark.
(Signed) JA. MONTGOMERY.
The court thereupon defired to hear counsel on both sides
upon this preliminary question, Whether or not the court has jurisdiction to try this indi&tment in the first inftance ?