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SIR JOHN
WEDDERBURN'S TRIAL
FOR
THE PROSECUTION:
ROGER MACDONALD, No.3. I
knew the prisoner very well, and saw him with the rebel, upon the
retreat from Stirling, on the way to Inverness, when part of the
rebel army passed over the Tay near Perth. Just after the rebels had
passed, I saw prisoner join them on the other side with a party of
Strathallan's horse, he being on horseback, in English dress, with a
sword by his side and pistols before him. Prisoner, armed as
aforesaid, marched with a party of Strathallan's horse to Aberdeen.
Upon the march of the rebels from Aberdeen to Old Meldrum, I saw
prisoner armed and upon horseback, From Old Meldrum he marched with
them to Banff, where I often saw prisoner on foot, armed, and I
believe he was a volunteer in a squadron of Lord Strathallan's
horse, composed of gentlemen of fortune.
ANDREW ROBINSON No. 9. I saw prisoner with the rebels, and he was
concerned in levying the excise for their use, but did not wear a
highland habit. Don't remember whether he wore a sword or a cockade.
While at Dundee I went one day to Mr. Ogilvie's house, where in a
room I saw the people of the town paying their excise money to
prisoner, but don't remember to have seen him marching with any body
of men in the rebel service.
HENRY EDWARDS, No.57.- At Perth this witness saw prisoner, when Lord
Strathallan was governor for the rebels, on his way from Dundee to
Edinburgh to get his commission as collector of excise for the
Pretender rectified - the prisoner's father's name being inserted by
mistake instead of Sir John's. Upon prisoner's return to Perth he
acted there as collector of exercise for the Pretender's, son, and
sent a drum about the town to give notice to the people to come and
pay it upon military execution. He wore a white cockade, and had a
sword by his side. Saw him frequently with other rebels there.
Proves by receipts that prisoner did collect excise on ale and
leather in November, December, and January last, in parts of
Scotland where the rebels were masters.
JOHN BRUCE. Prisoner
collected the excise for the Pretender at Brechin - a party of
rebels being then in the town. Witness paid him 12/6 for his excise.
The prisoner said to witness that he should have come sooner, and
not have hindered the Prince's men, and added, he had a good mind to
send and take his boilers away.
JAMES MORTIMER. I saw prisoner with the rebels at Aberdeen,
and at Elgin, armed with a broadsword. He was reported to be
collector of cess in Angus.
JOHN ADAMSON.Testifies as above, and says he paid his cess twice to
him at Brechin.
Capt. EYRE; Lieut. MOORE. Prisoner told them he was a volunteer in
Lord Ogilvie's regiment, and collector of excise at Brechin.
ANDREW JOHNSTON. I saw the prisoner with the rebels at
Edinburgh. He marched with them to Derby and back. Was in the
Pretender's Guards at the battle of Falkirk. Saw him with the rebels
at Perth and Culloden, armed with broadsword and pistols. Some times
he wore the uniform of the Life Guards, and was at other times in
the highland dress.
JOHN FALCONER; ALEX. RUSSELL. Saw him in the Pretender's Life
Guards, and in their uniform at Edinburgh, armed with sword and
pistols.
FOR THE
DEFENCE
Mr. JODDREL. The treason charged is levying war, and the over
act is being in arms. But two witnesses only speak to his being at
Aberdeen, and in a common dress, such as the townsmen wear. Entering
into the rebellion after won't do, for there must be treason at
Aberdeen. Cannot give evidence of collecting the excise by 7 to 3 -
it not being laid expressly. His father, Sir Alexander, was
collector for the King. Lord Ogilvie took his horses, and he going
after them they carried him by force to collect the excise.
Mr. GORDON. No proof of his being in England. Not a volunteer, but a
private man - proved by Capt. Eyre.
GEORGE WALKER. The rebels came to Angus-shire in September, and took
three of the prisoner's horses. Two were brought back. They said it
was to serve the Prince. He said he did not intend to give his
horses for any such uses. They said then he should go, and they
seized him. He returned in three days, and stayed till latter end of
October. About November he was taken at Perth. I carried a letter,
and the guard took it and handed it to him. Had an answer in the
afternoon, he being to dine with Strathallan. About 12th November he
came home and stayed a week, when 100 men came at night and carried
him off to Dundee. Saw his servant in Dundee the Tuesday after.
Eight days later he came back and stayed till 4th February. Came
back 1st December and stayed at home two months. Lord Lewis Gordon's
men came and carried him off again to Brechin. Saw him in middle of
March at Elgin. No force used.
GEORGE MORKER. Witness a farmer's son near Sir John's, which is
within 14 miles of Perth. Horses taken [and rebels said], D-n him,
he should go - wife came out - they damned her - put him on horse
-saw him at home four days after - stayed till middle of October.
His servant and he rode away together, and nobody with him. Latter
end of November - Sunday afternoon. Semple visited house, and took
him in running away against his will. Wife and children cried. Saw
him at Dundee guarded on Friday after. Ten days afterwards saw him
at his house, and he stayed till 5th February, when he was taken
away again. [They] called him "that deserter dog
Wedderburn". He was at home again when Falkirk battle was
fought.
JOHN SCOTT. Speaks to theft of horses - went on a visit ten days.
DAVID HUTCHEON. I never heard how he came or got home; nor whilst at
home did any come after him. He made several visits for two or three
nights.
Mr. Justice WRIGHT. The collecting is proper evidence of the
overt act laid.
Notes: - 1st November. 10 jurors sworn, and all the rest absent or
challenged. A jury did appear, and the court ordered another panel
at a subsequent date. Those who appeared on the 1st were sworn. 4th
November. There being no new panel, the counsel for the defendant
agreed to go on and let the former copy of the panel be deemed good
service.
[Information laid at Aberdeen. Guilty.
Executed 28th November, 1746.]
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