Answers 1800

•.. NOVEMBER I 9• I 800. ANs. JEAN FARQYHARSON, &c. TO T~JE PET. ALEXANDER ANDERSON, Efq. Geo, Fordyce, Age11t. P. Cll\:. FOR]E.~N FARQYHARSON, youngeft Daughter of the de­ ceafed Robert Farquharfon of Allargue; ALEX­ ANDER ANDERSON, her Son, and his Tutor ad!item; To THE PETITION of ALEXANDER ANDERSON, Efq; of Can~ dacraig. • T is 'vith unaffecred i·egret that the refpondents proceed to an­ fwer the prefent petition. It is now above fix yea1·s fince this procefs commenced; and although there l1as not yet been obtain­ ed one judgment upon the merits, it is already perhaps the moft voluminous procefs (one excepted) depending before any Court in this country. There has no point occurred which ingenuity could make the matter of difpute but which l1as been difcuifed i11 memorials, and in petitions upon petitions, to the Commiifa1·ies; many of them in bills of advocation to the Supren1e Court. The admiffibility of certain witneifes, which makes the fubject of the prefent immediate conte11, received the repeated judgment of the A Commiifa1·ies, I • • \, • ' [2] Comn1i1I.'lries, afte1· very expenfive p1·oceeding·s, and 11as i·eceived t11e folemn decifion of you1· Lordfhips. In fuch a cafe, therefo1-e, it is fomevvhat 11a1·d to be agai11 fo1·ced to argt1e incidental matte1·, on \vl1icl1 yol1r LordCT1ips we1·e long fince fully ripened. Bl1t the obj Cl of Mr Anderfon is to the 1·efpondents very evi- dent. Tl1ey "vill tal'"e upon them to fay, that 11e is extrernel y i t1- di fferent \Vl1ctl1er the depofitions of the "''itneffes alluded to are opened 01· i1ot, provided only he can cafi: an imp1·eilive ilur upo11 tl1e i·eputation of tl1e purfue1·, or}Jrovi.dcd lie can exl1aui1: her 111eans in \vea1·ifome and vexatious litigation. The petition now to be anf W'e1·ed is occupied, i11 its firft eight pages, \Vith rnatte1· upon,,·hich, (,vitl1 the exception of two ob­ fe1·vations,) tl1e refpondents decline at this time to enter. Tl1e pt11·pofe of tl1efe pages is, to pr~poifefs your Lo1·dCT1ips with an opi- 11ion 11ofi:ile to tl1e virtue a11d refpeetability of the purfue1·. That may be fl1bjeet-matter fit for difcuflion when tl1e p1·incipal caufe comes fo1·wa1·d, if ever Mr Anderfon \vill fuffe1· it to be brougl1t ±·or,vard, but lias no ea1·thly cou11eetion \Vith an incidental article, relative to tl1e adrniilibility of evidence. For fuppofing that Mifs Fa1·quharfon's cha1· roof, p. 71. c. i 6 J furprife ho\v tb:1t cotlld be done; i111d Do,v11ie faid, ' Oh! Col·l­ ' fione, (the pL1rfuer's brotl1 er), will find Ca11(/ac1·aig and 111e fr,f} ' wez~f{htyfo1· hi111.' Tl1e t\VO perfons \¥110 were converfing at tl1i time "'itl1 Do\v11ie, a11pearing af!oni!hed at all tl1i, M1· Downie perceived that he l1ad go11e a little too fa1·, and f•1id, ' Lad s, take ' no cfJ11cer11 about tl1is, and give yourfelves no trot1ble about it, for ' it w'll be of no be11efit to) 'OU 011 eitl1e1· fide.' A little afte1·, one of tf1efe '\Vit11effes obferved, 'Th:1t l1e knew a 1nan \vho had of­ ' fered S;1ndy l\.lilne fou1· horfes, to tal(e the guilt of Mifs Farqu­ ' l1arlon's child upo11 hin1; upon hpari11g this, Downie's face greie.1 ' 1·ed, and lie G1id, 'Is that 11ze?' to wl1ich the witnefs replied, ' God a11d you1·felf k11ow beft whetl1er it is you;' and added, ' l1TTi llia1n.1 there is 11ot a 111a11 i1z the jlJire of Aberdee11 of ft1cb a bad ' cha1·aEle1· th is da;• as you.' It \Vas p1·01Jl1etically obfe1·ved by An ­ urf. proof, P· 97· B. Def. proof, p. 65. H.---- P· 44• F., &c. Purf. rroof, p. 87. B, C.---- p. 88. JS·----r. 49· n.---- p. 50. E- < [:ro] ' (refpond ent' S i11otl1er's ho t1fe) \\bile f11 e tl1e \Vitnefs \ as a fer. ' vant in tl1 e fat11ily. And beit1g fpecially interrogated, vVl1et he1· ' h er father faid to her, tl1at 11 e ot· fhe \¥OL1ld reap any advantage ' hy}1er avoiding tO appe ·e tl1en1felves f1·om the i1·l <:­ fon1e duty of furr1ifui11g fucl1 comment. They leave the faets 'vl1ich are f worn to, to tl1e pure confide ra tion of you1· Lordfhi ps' i11inds;:tnd co11tent thernfelves with [electing the infl::.1.nces \V.l1icb 11ave been giv.en, althougl1, \ve1·e it neceifary, they could refort, in ft1rtl1er illt1ftration of thefe nefarious fchemes, to the cafe of Major Grant of Lu1·g; to tl1e infiance of James Grailick a11d Elizabeth J.\.1acgregoJ·, wl10 we1·e brot1ght' to help Candacraig's ' wit11ej[es; ' and to tl1e cafe of James Stewart; in all of which there is evidence of very improper things, wl1ich, conjoined with the tefii1not1y tl1at h as been qt1oted, inufi fatisfy the minds of al l unprej t1diced rnet1, tl1at M1· Anderfon is capable of preparing evi­ dence, and of condL1Cl:, \vl1icl1 your Lordfhip will affuredly conti ­ nue to i11ark \Vith you1· higl1efi dilapp robatio11. V\1hatever may be tl1e n1e1·its or deme1·its of the 11nfo1·tt111;1te \Von1a11 who is the p1·incipal party in tl1is caufe, it is, at all events, unjufl:, that fhe fhould be fo1·ced to contend agaioft fucl1 manreuvres as undoubt­ edly have been perfo1·1necl to her prejudice. And the1·e is, fur­ tl1er, in this cale, anotl1e1· io clividual whofe claims a re v.1 eigl1ty indeed, and •vl1ofe •vrongs ougl1t not to have been mag11ified by inea ns fo r eprehe11fible. Tl1e £011 of M 1· nder[on is here a party, 1)rovi11g his legititnacy, and efiabliihing 11is rank among ma11kind. Whatever 1nay beco111e of hi s mother, it certainly \Vill go hardly with this boy, if l1is c laims affo1·d not a po,verful title to the pro­ teCl:ion of yot11· l,ordihips, even againfi the macl1inations ot· hi o\v11 father. • • The ' • • • • • • • • (II] Tl1e circunifiances wl1icl1 have been noticed, n1a1·k tl1e general ample ' ion of tl1i s cafe. But \Vitneifes a1·e not all of tl1e Utt11e defcriptio11. The defender, wl1ile ~e felt that certai11 pe1·fo11 s we1·c fufcei)t i ble of corrupt ion by b1·ibery, k11e'v t11a t t 11e1·e '''ere others too i·efpeetable for that medicine to work upon; ancl, therefore, lie appea1·s ea1·ly to have refolved to prepare tl1e1n \Vitl1 t!Jofe 1Jrepoifeffion s wl1icl1 the human mind is feldom able to 1·c ­ fifi, and ag·ainft whicl1, tl1erefore, the la\v has been, from an e::irly 1)e1·iod, p1·oviclent. Hence l1as ai·ifen the objccrion to two Iadie~ of the name of Fo1·bes, whofe cafe has, i11 all tl·ie fo1·me1· papers, been made tl1e leading· Cf!fe. The petitioner, 110\.\' CVe r, 11aving inverted the former order, perl1aps from fome 1·eco!letl:io11, tl1at the cafe of Ifobel Duncan was i·eckoned on tlie Bencl1, rather a n a1·ro,ver cafe tl1an any of t11e othe1·s, the refpo11dents have no ob ­ j ecrion to gratify him, and, in tl1e orde1· of the petition, to confi ­ der that cafe firfl of all. To Ifobel Dunca11 tl1e objecrion is age11cy. Tl1is \Voman is the r. I fobel D uncan. \Vife of John Ley, fo1·1nerly mentioned, \vho was i·ejeCt:ed in re- fpeCt: tl1at 11e 11ad bee11 e111ployed by M1· A11derfon to t <1111per witl1 ' Alex::inder Milne,' firft by the Com1niifaries, thereafte1· by Lord Glenlee, and ultimately by you1· Lordfhips. M1· Anderfon ave1·s, May 18. 1798, that the only circu1nfrance on whicli, the objeCt:ion to this woman is founded, is that of 11e1· (happening to be the wife of John Ley.' But the i·efpondents truft that they are incapable of offering to any court of jufiice, an objeCt:ion fo feeble. Tl1ey oppone to her admiil1bility the exception of agency, or of tampering, in con- junction \Vith her hufba11d, and i11 the fame manne1·. It is, the1·e- fore, not her matrimonial connection with Ley, rl1at creates this objeCt:io11, but 11er pa1·ticipation witl1 him in an act fufficient to difqualify a \Vi~11efs. It is proved, that 011 the i1ight on which i\It· Anderfon e11dea­ voured to prevail on l\1ilne to accufe 11in1felf with Mifs Far­ qt1harfon, Mil11e found' at George Stewart's, John Ley, J ohn Ley's ' wife, Pen. A11derfon and Geo1·ge Stewart.' He depo11es, ' That Purf. proof, ' the w o1ne11 interfered i11 advifing him to ma1·ry Mifs Farqul1arfon; P· 7°· C, ' and upon his telli11g thern, that he could not undertal(e that, ' becaufe he had it not in his po\ve1·, they anf we1·ed, tl1at a pla11 ' could be brought about \Vl1ich woold pt1t it in the po\ver of tl1e ' witnefs, and that they would i11alce it kno\vn in a fe\V rninutes.' Failing it1 tl1is, ' they requefied, that the witnefs would at lenft ' finy till George Stev;1art fhould go to Candac1·aig a11d come ' back again.' fter\v:lrd s • (I2] Def. Proof,p. 77. After\vards Ley's wife, altho11gh a 11t11Je at the ti1ne, ' \vent to• G.; p. 79· E. ' Pen. Anderfo11's l1oure after it was dark,' and continued advi­ Purf. Proof, P· 70. F. fing him to inarry Mifs Farqt1barfon, till about one or t\vo o'clock in the n1orning, \Vhen Ley and Milne fet ot1t for Canda­ c raig, and \vl1en the latter yielded for a time to Ca11dac1·aig's en- r1·eat ies and bribes; but fay, in l1is alleviation, ' That it was no ' \.vo11de1· l1e was infnared, as fa n1any '\Ve1·e fet againfl him:' ' That the people whom l1e confldered as fet agaioft hi in were, '.!ohn Ley' s 1vife, George Ste\vart, Pen. Anderfon and. \i\ illia1n ' Downie.' Next morning early, this very \Voman, not,vithftanding of 11er being a nurfe, again left her child, and \Vent to tl1e plough to perfuade l1e1· hu!band to go, in obedience to M1· Anderfon's mef­ fage, ' to keep Milne ftaunch to wl1at he had done the night be­ ' fore.' The \.VOman herfelf alfo admits, wl1en defired to explain ' fo1· ' what reafon'!he went in the night-ti1ne, and remained in the l10L1fe of Pen. Anderfon, ' that 11er 11ufband had been eitl1er ' t\Vice or three times at Candacraig's l1oufe tl1at day, and had ' info1·rned the depo11ent that Sandy Mil11e was to be at Pen. A11- ' derfon""s ho1ife that eveni11g, and tl1e deponent went to Pen. An­ ' der[on's in expetl:ation of meetit1g her hu:!.band there.' When your Lordil1ips find this woman going to Stewart's, in a moil: inconvenient feafon, and retnaining till pafl: inidnight, be­ caufe fhe kne\V tl1at Milne \Vas to be at this place, and after\vards find tl1at l1er employtnent was extremely foreign to her poffi­ ble <;011cerns; it is irnpoffible to believe but t11at tl1e objeCt of 11er endeavout·s was tl1e fervice of Mr At1der[o11, by \Vhon1!he, as \\•e ll as her huiband, rnt1ft 11ave been employed, at1d in(leed us ad1nitred by Ley hin1telf. The •vit11efs \VOt1ld 11ot othe1·wife 11:\ ' 'e left her fucking infant, have t1·t1velled a co11fider­ able diftance alone, ancl at nigl1t, 11a\1 e retnained till t\VO in th e morning, and have again fet to \VOrk at break of day, \Vith­ out fotne interefted object. l\Iiloe' ma1·1·iage \Vas of no impo1·t­ ance; but l\1:Ir Anderfon's friendil1ip to 11er a11d her hu!band, "vho live at his door, •vas of fame value. Eve11 George te"'art ~--p.97.G. depones, ' fhat Joh11 Ley's wife conc111·1·ed i1111rging Sandy 1ilne ' to 1nar1·y tl1e. purfuer.' N O\V, it was on this ery accounr, that the hu!band was rejetl:ed by your Lordfhips; ·1nd as tl1e,.1/ife's ' concurrence' i11 this at!: of tampering, b1·ings 11e1· precifely into the ~1me fitua tion \.Vith him, the1·e does i1ot appe~11· to be any rea­ fo11 for beftov.ri11g greater refpetl: 011 her evidence tl1an on l1is. Sl1e i pa1·ttceps, in tl1e \'.'hole of this difcreditable buunefs, \V1tl1 he1· • [13] he1· l1 L1.fb, 1 vears, ' 'fh at before this time there was a report i11 the co11ntr_11, thctt D ef. Proof ~ the depo11ent' s.f7:fter, Ann, Wtts to be acldztced as a witnifs i11 this P· 6i. G. ' catife_; but th e deponent had 00 certainty fo1· it.' Fou11ding upon tl1efe ~1cl1niilions, the fame objc·Ct io11 \-vas made to this witnefs being exa 1nined in cauftt, as hacl bee11 1nade to li er iifter; ai1d the Commiffi1ry pronoL1nced tl1is judg 1nent: ' Ha,1iog ndvifed th e preceding depoGtio n, and confide red that ' the \Vitneifes l1eard read part of tl1e jtcl to the difpofal of the Coll1·r, at the conclufion of the ' proof.' After tl1is tl1e proof \Ve11t on; at1d tl1e Coin1niifaries ultimately foL1nd, by repeated inte1·locL1to rs, both the M iffes}'01·bes i11adn1if- June 25. 1799. fil)le as \Vitneffes in this caufe, a 11d 1·efL1feli to open the feals. To Aug. 13·- ­ \\1hicl1 interlocuto1·s y ou r Lor(lfl1ips ad he1·ed. It l1;1 s aiready been obfe1·ved, that tl1is is a cafe very peculiar jn its circumftances. 1 ' 11e Con1mii1ari es \Vho pronou11ced thefe i nterlocL1tors, \Vere well acquainted \Vi tb its particulars; L1po11 a full co11fider;:1r io11 of wl1icli tl1 ey jJroce.eded. At 011€ period of the caufe,!Vl1·.Ande1fo12 hi1nfelf \vas at pai11s to p1·ove a report, that li e ' was fond oj· a lady 11c1111ed Mitchell, a11d cou1·ted hr.r i1i ma1·1·iage.' D ef. Proof, Nov.·, your Lord!J1ips w ill attend, th at this lady is admitted to P· 24. G· Le a 'niece of the Miffes Fo1·bes; ' confequent ly tl1e i·efpondents are obliged to re1n:i i·k, tl1~1t tl1e family of Inverernan ftand in a very • •- (Pet. p. I 4. r t ' I I ' f • • [r6] ''ery 'idu:ll l1a a ' b et te1· opportt1nity of fl:11dying the cafe befo1·e 11im.' Tl1e fnt1lt was att1·ihL1table to 1\11· And rfon alor1e, a11d he 11 t1ft ca ~e tl e co11- fequences. He had no 1·igl1t to carr copies ot~ tl1e proof to tl1e [17]. the cot1nt1·y at all, an 'itneifes, and pl a ced i11 pztbliG·a clijlodia. H e1·e, tl1en, the \vitnefs has been ble1nifhed, bv tl1e adducer, and co11ti- • 11t1es blemiibed in the eye of la\v. Cert;1i11 l y, your Lordibips, t1p- 011 a general vie\v of this cafe, '\viii not be inc lined to felecr t11e prefent inflance, as a fit opport11nity for tl11·0\vi11g looJe a di flinc­ rior1, \vhich till now h as been as much app1·oved of, as it l1as bee11 generally maintai11ed. Conjoined with this firfi objectio11, there alfo occt1 rs h e re tl1at fa me other objeltion, "''h icl1 vvas offered to the Miifes F'orbes. Hence, there is at1 acct1rnulation of irreg·t1lariries in tl1i s f1)ecial care. The,re1·y depo11tio11s Uf)OO tile f11 bjecr of wl1ich Mr Gordo11 was to be examined, \Vere fhewn to hi1n by tl1e defe11der. M11cl1 11as bee11 faid, indeed, on tl1e ci1·cumllan ce tl1at Mr Go1·clo n "''as f11e\v11 a copy of the Reve1·end Mr Fa1·qul1arfo11 's depofirion, no t only by the defe11der, b11t a lfo ' by Mr Fa1·qt1ha1·fo11 11imfe lf.' F Ve1·y I ' IV. Alex. Far­ quharfon. [~2} Ve1·y "''1·ong It was in Mr Farquha1·ro11 to con1mu11icate l1is cle­ pofitio11 even to 11is co-preibyter; altl1ough it \Vas natL1ral e11011gh in him to take the befi mea11s of co11vincing hi Reve1·end Bre­ tl11-en 110\:V u11jufi we1·e ce1·tai11 calumnies, wl1ich tl1e defende1· had ip1·ead in the cou11try i·egardi11g this very depofitio11. But, at a11y rate, tl1e purrue1· and he1· cl1ild fhould i1ot fuffer eve11 by the i11ir­ condt1Cl: of 011e vvl10 is 110 pa1·ty to t11e attio11. ~'\11d eve11 if 11er brother had been a p <11·ty, you1· Lordfhips will obferve, tl1at the objecrion to i1· Go1·don is 11ot becat1re Mr Farqt1l1arfon t11ewed 11irn 11is depofition, but beca11fe Mi· A11de1·ron, who bri11gs the wit ­ ntjs, dicl himfelf infir11Cl: l1im. M1· Farq11ha1·fon is a witnejs; and it is impoilible to expect that vvit11eifes \vill not con1n11111icate to eacl1 other vvhat they faid. lt is a mighty different cafe \'\1 l1e1·e a party is ca11ght in tl1e all: of blemifl1ing his ow11 wit11eiles, a11d cliffeminating his O\VD proofs. Tl1e next \VitneG to \Vhom a11 objeltion was fufiained, i Ale11:­