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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.