The University of Texas at Austin

Law in Popular Culture collection

12 SCOTS TRIALS

PREFACE

THESE adventures in criminal biography, begun at the suggestion
of the. late Mr. Andrew Lang, with his kind encouragement were
completed shortly before his death. Mr. Lang read them in
manuscript. He was good enough to approve them, and had
promised to write an Introduction when they came to be
published. Thus, by his sudden passing, which has left
literature so much the poorer, the reader is deprived of what
would have been the most attractive feature of the book.
     Dickens has noted the exclusive nature of a true professional
relish, as shown in the enthusiasm of Mr. Dennis; and while,
personally, I find the people of our causes célèbres more " con-
vincing " than those of many popular and prolific writers, it
is quite possible that the reader may not share my taste.
I know the disadvantages under which the subjects of these
studies labour in competition with their rivals of the circulating
library. The fact that they were real men and women, who
sinned and suffered in their day, and whose stories are unfor-
tunately true, is alone enough to alienate the sympathy of a
fiction-loving public. Yet here we have characters and incidents
as curious, and problems in psychology as perplexing, as any
wherewith the modern novelist delights his votaries; and
although the fitness of my rascals to adorn a tale may be
questioned, their ability to point a moral is beyond dispute.
So I venture to hope that, if their regrettable actuality be
overlooked, they may even afford some measure of enter-
tainment.
     The selection of the cases dealt with is purely arbitrary.
They were chosen as being unfamiliar, and, in my view, worthy
of rescue from orthodox interment in the official records and the

[ix]

pages of old historians, or less hallowed burial in the files of
bygone newspapers. Whether or not the result will sustain my
judgment is for the reader to say; it may at least be claimed that
in each instance the best available sources of information have
been consulted, and no pains spaired to make the several
narratives faithful and complete. So far as my subject
permitted I have sought to lighten its technical obscurities
and to garnish the unpalatable fruits of research, but, as
Sir Thomas Browne has observed, with greater occasion, "A
work of this nature is not to be performed upon one legg ;
and should smel of oyl, if duly and deservedly handled."
     A certain historical, even romantic, interest attaches to
the earlier trials; and if, in the course of time, the original
colours have somewhat faded, the figures are still sufficiently
distinct. The Reverend John Kello and Lady Warriston,
who flourished in the reign of our sixth James, were justified
(as the phrase went) for solving their marital difficulties in
similar savage fashion, and enjoyed an equal notoriety by
reason of their edifying confessions and godly ends. Major
Weir, the covenanting wizard, needs no introduction; his
presence confers distinction upon any company, however evil.
Philip Stanfield (who aggravated his other crimes by boring
Mr. Lang) played with much success the part of the Prodigal
Son, but overacted it at last by slaying, in the year of the
Revolution, "his natural and kindly parent," his guilt being
established by supranormal means. The Sergeant's ghost, that
temerarious spirit, vainly seeking to convince a jury of David
Hume's fellow-citizens, succumbed to scepticism, and so was
laid for ever. For the rest, the cases of Katharine Nairn
and Keith of Northfield are in themselves remarkable, and
throw a strange light upon the domestic manners of Scottish
society towards the close of the eighteenth century. The
next three exemplify the use of the verdict Not Proven,
" that Caledonian medium quid" hated by Sir Walter Scott.
No account of the Dunecht mystery or of the Arran murder

[x]

has hitherto been published, and, as cases of such importance
should not remain unchronicled, an attempt is here made
to supply the want.
     I wish to thank those friends to whose kindness I am
indebted for some of the accompanying illustrations, especially
Mrs. Stewart Smith, who has allowed me to reproduce her
unpublished sketch of Major Weir's house, which forms the
frontispiece to the present volume. The views of Dunecht
House and the Clachan of Inverey are from photographs by
Messrs. Valentine & Sons, Dundee.
W. R.          

8 OXFORD TERRACE, EDINBURGH,
          April, 1913.
 

[xi]

12 SCOTS TRIALS Table of Contents