Rob Roy. Вальтер Скотт
But there is a general report that she died of the small-pox. In the meantime, James Mhor, or Drummond, fell into the hands of justice. He was considered as the instigator of the whole affair. Nay, the deceased had informed her friends that on the night of her being carried off, Robin Oig, moved by her cries and tears, had partly consented to let her return, when James came up with a pistol in his hand, and, asking whether he was such a coward as to relinquish an enterprise in which he had risked everything to procure him a fortune, in a manner compelled his brother to persevere. James’s trial took place on 13th July 1752, and was conducted with the utmost fairness and impartiality. Several witnesses, all of the MacGregor family, swore that the marriage was performed with every appearance of acquiescence on the woman’s part; and three or four witnesses, one of them sheriff-substitute of the county, swore she might have made her escape if she wished, and the magistrate stated that he offered her assistance if she felt desirous to do so. But when asked why he, in his official capacity, did not arrest the MacGregors, he could only answer, that he had not force sufficient to make the attempt.
The judicial declarations of Jean Key, or Wright, stated the violent manner in which she had been carried off, and they were confirmed by many of her friends, from her private communications with them, which the event of her death rendered good evidence. Indeed, the fact of her abduction (to use a Scottish law term) was completely proved by impartial witnesses. The unhappy woman admitted that she had pretended acquiescence 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 averred in Law Reports, as well as elsewhere, that his outlawry was reversed, and that he returned and died in Scotland. But the curious letters published in Blackwood’s Magazine for December 1817, show this to be an error. The first of these documents is a petition to Charles Edward. It is dated 20th September 1753, and pleads his service to the cause of the Stuarts, ascribing his exile to the persecution of the Hanoverian Government, without any allusion to the affair of Jean Key, or the Court of Justiciary. It is stated to be forwarded by MacGregor Drummond of Bohaldie, whom, as before mentioned, James Mhor acknowledged as his chief.
The effect which this petition produced does not appear. Some temporary relief was perhaps obtained. But, soon after, this daring adventurer was engaged in a very dark intrigue against an exile of his own country, and placed pretty nearly in his own circumstances. A remarkable Highland story must be here briefly alluded to. Mr. Campbell of Glenure, who had been named factor for Government on the forfeited estates of Stewart of Ardshiel, was shot dead by an assassin as he passed through the wood of Lettermore, after crossing the ferry of Ballachulish. A gentleman, named James Stewart, a natural brother of Ardshiel, the forfeited person, was tried as being accessory to the murder, and condemned and executed upon very doubtful evidence; the heaviest part of which only amounted to the accused person having assisted a nephew of his own, called Allan Breck Stewart, with money to escape after the deed was done. Not satisfied with this vengeance, which was obtained in a manner little to the honour of the dispensation of justice at the time, the friends of the deceased Glenure were equally desirous to obtain possession of the person of Allan Breck Stewart, supposed to be the actual homicide. James Mhor Drummond was secretly applied to to trepan Stewart to the sea-coast, and bring him over to Britain, to almost certain death. Drummond MacGregor had kindred connections with the slain Glenure; and, besides, the MacGregors and Campbells had been friends of late, while the former clan and the Stewarts had, as we have seen, been recently at feud; lastly, Robert Oig was now in custody at Edinburgh, and James was desirous to do some service by which his brother might be saved. The joint force of these motives may, in James’s estimation of right and wrong, have been some vindication for engaging in such an enterprise, although, as must be necessarily supposed, it could only be executed by treachery of a gross description. MacGregor stipulated for a license to return to England, promising to bring Allan Breck thither along with him. But the intended victim was put upon his guard by two countrymen, who suspected James’s intentions towards him. He escaped from his kidnapper, after, as MacGregor alleged, robbing his portmanteau of some clothes and four snuff-boxes. Such a charge, it may be observed, could scarce have been made unless the parties had been living on a footing of intimacy, and had access to each other’s baggage.
Although James Drummond had thus missed his blow in the matter of Allan Breck Stewart, he used his license to make a journey to London, and had an interview, as he avers, with Lord Holdernesse. His Lordship, and the Under-Secretary, put many puzzling questions to him; and, as he says, offered him a situation, which would bring him bread, in the Government’s service. This office was advantageous as to emolument; but in the opinion of James Drummond, his acceptance of it would have been a disgrace to his birth, and have rendered him a scourge to his country. If such a tempting offer and sturdy rejection had any foundation in fact, it probably relates to some plan of espionage on the Jacobites, which the Government might hope to carry on by means of a man who, in the matter of Allan Breck Stewart, had shown no great nicety of feeling. Drummond MacGregor was so far accommodating as to intimate his willingness to act in any station in which other gentlemen of honour served, but not otherwise; – an answer which, compared with some passages of his past life, may remind the reader of Ancient Pistol standing upon his reputation.
Having thus proved intractable, as he tells the story, to the proposals of Lord Holdernesse, James Drummond was ordered instantly to quit England.
On his return to France, his condition seems to have been utterly disastrous. He was seized with fever and gravel – ill, consequently, in body, and weakened and dispirited in mind. Allan Breck Stewart threatened to put him to death in revenge of the designs he had harboured against him.*
The Stewart clan were in the highest degree unfriendly to him: and his late expedition to London had been attended with many suspicious circumstances, amongst which it was not the slightest that he had kept his purpose secret from his chief Bohaldie. His intercourse with Lord Holdernesse was suspicious. The Jacobites were probably, like Don Bernard de Castel Blaze, in Gil Blas, little disposed to like those who kept company with Alguazils. Mac-Donnell of Lochgarry, a man of unquestioned honour, lodged an information against James Drummond before the High Bailie of Dunkirk, accusing him