ances above described, he could draw no conclufion as to the cause of the defunct's death; as almost all these appearances might have arisen from the putrid ftate the body was then in; and that the only thing that appeared extraordinary to him, was the appearance of the tongue above defcribed: That the deponent had fome inclination to have opened the body; and if the two furgeons, whom he heard had left Eaftmiln that morning, had been there, he believes he might have done fo; but as they were gone, and as the deponent, in his own opinion, thought the body too much putrefied, to be opened with fafety to the operator; and as he was likewise of opinion, that, in fuch a ftate of putrefaction, no certain figns could have been difcovered of the cause of the death by opening the body, the deponent declined to do it. Dones, That the appearance of the tongue berore defcribed, was not fuch as happens in common deaths, but fuch as occurs from convulfions, or other strong

caufes.

5. Whether endeavours were used by the pannels to conceal the manner and caufe of Eaftmiln's death?

Anne Clark depones, That he knows nothing about fending for any furgeon to attend upon Eattmiln, further than that the herself fent Annie Robertfon, one of the fervants of the house, to tell Andrew Stewart, who the understood had then gone off for Alyth, to defire Mr. Meik the furgeon at that place to come to Eaftmiln; and that this happened the forenoon of the day on which Eaftmiln died: That the thinks, before the fent off Annie Robertfon herself, fhe heard fome converfation about fending for a furgeon; and thinks that it was Andrew Stewart and the old lady who were talking of it. Depones, That after Eaftmiin's death, the was told by James Millam, that he had got orders from Mrs. Ogilvie, to take a horfe and go and acquaint Lieut. Ogilvie of his brother's death; but that thereafter it was concerted, that as Glenkilry, in whofe houfe the Lieutenant then ftaid, was going home from Eaftmiln, that he fhould acquaint the Lieutenant: That next morning the Lieutenant arrived about fix o'clock, as the thinks. Depones, That the day on which Eastmiln died, Mrs. Ogilvie came in for a very little while to him in the forenoon: That thereafter the fre

quently propofed to come back to him, if the deponent were difmiffed; but Eaftmiln would not agree to this, and flie came no more near him.-Depones, That Alexander Ogilvie, one of Eastmiln's brothers, came to Eaftmiln upon the Tuesday forenoon after his death.

Elifabeth Sturrock depones, That during her mafter's illness, Mrs. Ogilvie did not chufe that the people in the neighbourhood that came to fee him, fhould get accefs to his room, for fear of disturbing him: That the deponent went and brought the precentor in the afternoon, or rather about dinner-time, when the precentor went and prayed by Eaftmiln: Mrs. Ogilvie, who had fent the deponent for the precentor, went up stairs with him to Eaftmiln's room.-Depones, That Lieut. Ogilvie, at the time of his brother Eaftmiln's death, lived at Glenkilry's houfe; and Glenkilry having been at Eaftmiln when Eastmiln died, he went home, and defired Lieut. Ogilvie to go to Eaftmiln upon that event: That Lieut. Ogilvie came to Eastmiln next morning, and the deponent feeing him approach the house, told Mrs. Ogilvie that he was coming. Upor. which Mrs. Ogilvie went out, and delired the deponent to tell Lieut. Ogilvie to speak to her in the ftable: "That the deponent went accordingly, and delivered the mesfage to Lieut. Ogilvie, who was then walking with Dr. Meik, and the Lieutenant went to Mrs. Ogilvie in the ftable as defired. That the Lieutenant did not remain in the ftable above four or five minutes."-Depones, That after the late Eaftmiln's death, and after Mrs. Ogilvie heard the theriff of Forfar was coming to examine them at Eaftmiln, Mrs. Ogilvie defired the deponent to fay to the fheriff, that the deponent had feen Mrs. Ogilvie mix up the bowl of tea, which the, Mrs. Ogilvie, had given her husband the morning of the day on which he died, and that the deponent had drunk fome of it before Eaftmiln tasted it; and that the likewife drank off what Eaftmiln left of it; the likewife particularly defired the dept. to fay, That the deponent was in the clofet with her Mrs. Ogilvie, when the mixed up the bowl of tea; and that he, Mrs. Ogilvie gave her husband fome short bread with it; That Mrs. Ogilvie told the deponent, That if the deponent would fay as thus directed, the

would

Anne Samplon depones, That the day her mafter died, about mid-day, he was fent by Mrs. Ogilvie two miles to clip fome theep. Depones, That Mrs. Ogilvie frequently went to fee how her husband was in the forenoon, but not once in the afternoon; and that, when the deponent, was going up ftairs to fee him between twelve and one o'clock, the was turned back by Mrs. Ogilvie.-Being interrogated in behalf of the pannels, When the returned from the fheep-clipping? depones, That it was about nine at night., Upon which, being again interrogate, How the came to depone as above, That Mrs. Ogilvie did not once vifit her hufband in the afternoon? answers, That was because she was told fo by the other fervants; who added, That her mafter did not want Mrs. Ogilvie up for fear of doing her harm.

Andrew Stewart depones, That when Eatmiln called often for drink, and complained that he was burning within, the deponent propofed to Mrs. Ogilvie that a furgeon fhould be called to his affil

Declarations and Examinations of the

Pannels.

Firft declaration by Katharine Nairn.

Ogilvie's room, where he was fitting; miln; but that he does not remember their and the appeared to be in great grief and names. concern for her husband's death; and defired the deponent, that whatever he might think he discovered to be the cause of her husband's death, that he would conceal it from the world. That there was no body elfe prefent with the deponent and Mrs Ogilvie at that time. "That, upon going to the room where the corpfe lay, and afterwards going out of the houfe, he met with Lieut. Ogilvie, who went up with him to the room where the corpfe lay, and appeared to be in great grief and concern for his brother.Depones, That Alexander Ogilvie, Eastmiln's youngest brother, told the deponent, that he was sent for to open his brother's body; and Gilbert Ramfay, furgeon in Coupar, being alfo there, the deponent and he agreed to open the body; but Alexander would not agree to it, unlefs Dr. Ogilvie at Forfar was there; and as the deponent and Mr. Ramfay could not stay till he came, it was laid afide. Depones, That neither of the pannels made any objection to it; and that Alexander defired them to take a fuperficial view of the body; which they did, and discovered the fymptoms aforefaid.

Gilbert Ramfay depones, That the deponent proposed to open the body; but he was oppofed by Alexander Ogilvie, on account that Dr. Ogilvie from Forfar was not there: but, as far as the deponent knows, it was not oppofed by either of the pannels. And further depones, That he believes every thing in the body would, after being fo long dead, be in a state of putrefaction; fo that he doubts if the poifon would have been certainly discovered, though the body had been opened.

Dr. John Ogilvie depones, "That Lt. Ogilvie neither defired nor forbid the deponent to inspect the corpfe, but he was prefent with the deponent when he infpect ed them as aforefaid."

James Millam depones, That the day Eaftmiln died, he was fent for to fee him; and that he came about twelve o'clock, at which time there was no perfon with him but Anne Clark: That upon that occafion, he ftaid but a very fhort time: That he returned about an hour thereafter, and feveral other times, till Glenkilry came: tiThat he faw feveral perfons in the room gilvides Gleukilty, who came to fee Eaft

in the

Forfar, June 14, 1765. In presence of George Campbell, Efq; fheriff-fubftitute, compeared Katharine Nairn, lawful daughter of the deceased Sir Thomas Nairn, of Dunfinnan, Bt. and relict of the deceased Thomas Ogilvie of Eastmiln ; who being examined, declares, That Lt. Patrick Ogilvie was at Eaftmiln when the was married to his brother, and continued there as his proper refidence till within these three or four weeks; when he left the fame, as his brother and he did not agree: That the evening Patrick Ogilvie left Eaftmiln, the declarant wrote him a letter, which she sent by Elifabeth Sturrock, one of the maid-fervants, to Little Forthar, as fhe was going there, at least about a gun-fhot from Little Forthar, for fome whisky from one Robert Easson. Declares, That he did not write any letter to faid Patrick Ogilvie when at Glenkilry, nor to be fent him to one John Spalding's, nor to Glenkilry. Declares, That on Tuesday before her husband's death, fhe was fending faid Elifabeth Sturrock to Alyth with fome yarn, when the wrote a letter by her to deliver to faid Patrick Ogilvie, relative to fome of his shirts the had been mending to him, and the letter was directed to the care of Andrew Stewart; and that the got no return by Elifabeth Sturrock: but that next day the got a return to her letter by faid Andrew Stewart, a merchant in Alyth, who was coming to Eaftmiln however, and that it was the afternoon of the day before her hufband died. That Andrew Stewart, befide the letter, brought her two dofes of falts, and a small phial-glass, with a little laudanum; and that the letter was but a quarter of a fheet of paper, containing mottly directions about the falts, and how much of the laudanum to take; but whether the letter was open or fealed, fhe does not remember. That before Patrick Ogilvie left his brother's houfe, the afked him, any time he was at Alyth, to buy for her, and fend to Eaftmiln, two dofes of falts, and a little laudanum, as the flept very ill: That when Andrew Stewart

daivered

delivered the letter, the read the fame,being only a direction as above, and after laid the falts and laudanum into a drawer till the mould use the fame; and that she took one of the dofes of falts on the Friday after her husband's death, and the other on the Saturday; and on the Sunday and the Monday nights fhe took laudanum; and as the did not ufe the whole laudanum, the delivered back the glafs, and the remainder of laudanum, to the faid Patrick Ogilvie on his return to Eaftmiln, after his brother's death. That on Thursday morning the 6th of June, her husband being diftreffed the night before, and many days preceding; and that morning he complained of a thortness of breath, and that through the night he had been diftreffed with it; the therefore gave him his tea in bed; and that when the reft of the family were at their tea, fhe filled up a bowl for her husband, which, with a bit of hard bifcuit from Dundee, the carried straight from the low room, where they were at breakfast, up ftairs to her husband's room, and gave him; and that The took the bifcuit out of a basket ftand ing on a table in the room, afide the family then fitting at breakfast. But that fhe did not go into any clofet with the tea, before giving it to her husband that the never heard from her husband, nor any perfon elfe, that he blamed the tea for his illness. Declares, That Elifabeth Sturrock got the remainder of the tea which Mr. Ogilvie had left, and alfo got another bowl of tea after, both which the gave her out of her own hands. And this the declares to be truth.

Second declaration by the fame.

Forfar, June 15, 1765. In prefence of the faid George Campbell, Efq; compeared the faid Katharine Nairn, alias Ogilvie; who being re-examined, declares, That before the Lieutenant left Eaftmiln, The heard him fay that he had both falts and laudanum in a cheft that he brought from the East Indies, and that the faid The would be obliged to him for a little of the falts and laudanum, as she had much need thereof.

Firft declaration by Patrick Ogilvie. Forfar, June 14, 1765. By George Campbell, Efq; fheriff-fubftitute of Forfarshire, compeared Lieut. Patrick Ogilvie, of the 89th regiment of foot; who January 1766.

being examined, declares, That, fo far as he remembers, he came to this country from abroad in January laft; and that his principal refidence was at the Etmiln of Glenyla, his brother Thomas Ogilvie's houfe; and that he left that place about three weeks ago. That the reafon he left it was on account of fome drynefs betwixt his brother and him, occafioned by fome furmifes or reports in the country; but though thefe had not happened, he was determined not to ftay longer about his brother's. That fince leaving the fame he has had no fixed refidence, but has been going about feeing his friends and old acquaintances. Declares, That the evening he left his brother's house, he went to Mrs. Shaw's houfe at Little Forthar; and when walking by the water-fide there with George Shaw, Elifabeth Sturrock, a fervant of his brother Thomas Ogilvie's, brought him a letter from Mrs. Ogilvie, his brother's lady the contents of which were, defiring him to return to his brother's houfe; and that he fent a verbal meffage, that he was not to return at that time, as he then intended going the length of Baron Reid's on a vifit. Declares, That the next day, when at Little Forthar, he received another letter from his brother, by James Millam; the contents of which were to the fame purpole as Mrs. Ogilvie's, which James Millam knew. That fome days after, when at Glenkiry, he received another letter from said Mrs. Ogilvie; but who was the bearer of it, he does not remember; nor does he remember if he wrote any anfwer to that letter. Declares, That he was in Alyth the Tuefday before his brother's death, when he received a third letter from Mrs. Ogilvie by the aforefaid Elifabeth Sturrock, but to which he returned no answer in writing. That the faid evening of Tuefday he gave to Andrew Stewart, merchant in Alyth, his brother-in-law, a fmall open note, by way of wrapper or direction round a fmall phialglafs, in which were fome drops of laudanum, and in the wrapper two doses of falts, folded clofe by the glass; and that the writ in the note or wrapper properly contained directions for Mrs. Ogilvie how to use the laudanum; and, fo far as he remembers, was to take fourteen or fifteen drops at a time. That all this he told to Andrew Stewart, and that it was for Mrs. Ogilvie's own proper ufe, and to C

deliver