TRI AL O F MUNGO CAMPBELL, For the MURDER of ALEXANDER Earl of EGLINTOUN. Curia Jufticiaria S. D. N. Regis tenta in nova Seffionis Domo de Edinburgh decimo o&tavo die menfis Decembris millefimo feptingentefimo fexagefimo nono, per Honorabiles viros Thomam Miller de Barfkimming dominum jufticiarum clericum, Alexandrum Bofwell de Auchinleck, Jacobum Fergufon de Pitfour, Georgium Brown de Coalfton, & Robertum Bruce de Kennet dominos commiffionarios jufticiariæ dict. S. D. N. Regis. Curia legitime affirmata. INTRAN. MUNGO CAMPBELL, excife-officer at Saltcoats in the county of Air, and prefent prifoner in the Tolbooth of Edinburgh, Pannel, Indicted and accufed at the inftance of Archibald earl of Eglintoun, brother-german to the deceafed Alexander earl of Eglintoun, with concourse, and also at the inftance of James Mont- gomery, Efq. his Majefty's Advocate for his B Ma Majefty's intereft, 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 well governed realm, MURDER, or the feloniously bereaving any of his Majefty's fubjects of their lives, is a moft atrocious crime, and feverely punishable; YET TRUE IT IS, and of verity, that you, the faid Mungo Campbell, have prefumed to commit, and are guilty, actor, or art and part of the faid crime; IN SO FAR AS the deceafed Alexander earl of Eglintoun having, upon the twenty-fourth day of October, in this prefent year one thoufand feven hundred and fixty-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 houfe of Eglintoun, in the county of Air, in his coach, to look at fome of his grounds, and being told by one of his fervants, when upon the road from Saltcoats to Southennan, within the parish of Ardroffan, and faid county of Air, that he obferved two perfons, one of them with a gun, at a small distance, upon his lordship's ground of Ardroffan, the said deceafed earl (who, by an advertisement in the news-papers, had forbid all unqualified perfons to kill game within his eftate) came out of his coach, unarmed, and mounted a horfe which was led by his fervant, and, leaving in his coach an unloaded gun, he rode towards the two perfons, who, in the mean time, went off the earl's grounds of Ardroffan into the adjacent fands, and he having come near to the two perfons on the faid fands, and difcovering the one with the gun to be you, the faid Mungo Campbell, he accosted you, by faying, Mr. Campbell, I did not expect to have found you fo foon 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 refused fo to do; and, upon the earl's approaching towards you, you cocked your gun, and prefented or pointed it at him and upon the earl's then faying, Sir, will you fhoot me? you answered, that you would, if his lordship did not keep off; to which the earl replied, that if he had his gun he could fhoot pretty well too, or ufed words to that import; and defired his fervant to bring his gun from his coach, which was then at fome diftance; and the earl having difmounted, and walked towards you, leading his horse in his hand (without arms or offenfive 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 fhoot him: and a fervant, near to the earl, having begged of you, for God's fake, to deliver your gun, you again refufed, faying, 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 ftill perfifted in refufing to deliver your gun; and by ftriking your foot against a small ftone, having fallen upon your back when retiring and keeping your gun pointed at lord Eglintoun, as above defcribed, the muzzle of the gun came thereby to be altered in the direction from lord Eglintoun, and to be pointed near ftraight upwards; and lord Eglintoun, who was only diftant from you two or three yards, having ftopped or ftood still upon your falling, you, as foon as you could, recovered yourself, and, refting upon your arm or elbow, aimed or pointed your gun to the faid Alexander earl of Eglintoun, and wickedly and feloniously fited it at him, then ftanding unarmed, fmiling at your accidental fall, and by the fhot he was wounded in the belly in a dreadful manner, the whole lead-fhot in the gun having been thrown into his bowels, of which wound the faid Alexander earl of Eglintoun died that night about twelve o'clock. And you the faid Mungo Campbell, after perpetrating fo cruel, wicked, and barbarous a crime, did immediately run to one of lord Eglintoun's fervants who had brought his gun from his coach, and who was ftanding at fome diftance, and endeavoured to wreft the gun from him, but was prevented by the affiftance of another fervant; and when the two fervants were engaged with you defending the gun, and endeavouring to fecure you, the earl, who was then fitting on the ground, called to the fervants to "fecure the 66 man, for he had fhot 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 faid to yourself, "Camp"bell, I would not have fhot you." And you, the faid Mungo Campbell, when carrying from the place where you committed the forefaid crime, to Saltcoats and Irvine, did acknowledge to fundry perfons, that you had wilfully and intentionally fhot 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, furgeon in Glasgow, who was called to give what affiftance he could in the way of his profeffion, of what had paffed between you and him, did in fubfistance say, that you, the faid Mungo Campbell, did take an aim at him, and hot him wilfully, and which account of the matter was given by the faid Alexander earl of Eglintoun with the greatett B 2 calmness Majefty's intereft, 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 well governed realm, MURDER, or the felonioufly bereaving any of his Majesty's fubjects of their lives, is a moft atrocious crime, and feverely punishable; YET TRUE IT IS, and of verity, that you, the faid Mungo Campbell, have prefumed to commit, and are guilty, actor, or art and part of the faid crime; IN SO FAR AS the deceafed Alexander earl of Eglintoun having, upon the twenty-fourth day of October, in this prefent year one thousand seven hundred and fixty-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 houfe of Eglintoun, in the county of Air, in his coach, to look at fome of his grounds, and being told by one of his fervants, when upon the road from Saltcoats to Southennan, within the parish of Ardroffan, and faid county of Air, that he obferved two perfons, one of them with a gun, at a small distance, upon his lordship's ground of Ardroffan, the faid deceafed earl (who, by an advertisement in the news-papers, had forbid all unqualified perfons to kill game within his eftate) came out of his coach, unarmed, and mounted a horfe which was led by his fervant, and, leaving in his coach an unloaded gun, he rode towards the two perfons, who, in the mean time, went off the earl's grounds of Ardroffan into the adjacent fands, and he having come near to the two perfons on the faid fands, and difcovering the one with the gun to be you, the faid Mungo Campbell, he accosted you, by faying, Mr. Campbell, I did not expect to have found you fo foon upon my grounds, after the promise you made me when I last catched you, when you had fhot a hare; and the earl having thereupon defired you to deliver your gun to him, you refufed fo to do; and, upon the earl's approaching towards you, you cocked your gun, and prefented or pointed it at him and upon the earl's then faying, Sir, will you fhoot me? you anfwered, that you would, if his lordship did not keep off; to which the earl replied, that if he had his gun he could fhoot pretty well too, or ufed words to that import; and defired his fervant to bring his gun from his coach, which was then at fome distance; and the earl having difmounted, and walked towards you, leading his horse in his hand (without arms or offenfive weapons of any kind) you retired, or stept backwards, as he approached, and con |
