under great distress of mind on account of the difference between him and his wife; but the did not hear him complain of any bodily indifpofition, excepting fometimes of a pain in his breaft, which the thinks happened twice; but he never kept his bed 'one day, nor even an hour extraordinary: That the day immediately before his death, there had been aquarrel between him and his wife; and the quarrel was, that Mrs Ogilvie had given the deponent fome cambrick to make into ruffles for the Lieut. who, the faid, had fent the cambrick to her Mrs Ogilvie; whereas Eastmiln faid a chapman had come that day to the house, and craved him for the price of it, and that he had refused to pay it: That upon this quarrel Eaftmiln had gone out in bad humour, and, as the deponent thinks, without his breakfast: and the deponent heard, that he spent the day among his tenants over the hill: That he returned in the evening, and faid he was not well, and went to bed without fupper. That Eaftmiln never had, at this time, or at any time, fo far as the knows: any violent vomitings, purging, or convulfions; and, fo far as fhe knows, no body elfe ever heard of any fuch thing.

Elifabeth Sturrock depones, That Eastmiln appeared to be in his ordinary health upon the Tuesday before he died; and that he ufually had very good health, the deponent having never known him to be in bad health while the was in his fervice: That upon the Wednesday before his death, he was likewife in good health, That upon the Thursday morning upon which he died, the deponent knew little about Eastmiln, as the herself was confined to her bed by sickness, except that the heard that Eaftmiln had been taken ill. --Depones, That while the deponent was in Eaftmiln's service, the never heard of his being troubled with vomitings, purgings, or cholicks, before that day on which he died; and that she never knew of his being indisposed, except by flight colds.

Anne Samfon depones, That Eaftmiln was a healthy man; and that, before the day he died, the never heard him complain, if it was not fometimes of an headach; and that the night before he died, he was in health, fo far as the knows.

Andrew Stewart depones, That the deponent fupped with Eaftmiln and the selt of the family the night before Eatt January 1766.

miln's death: That he then appeared to be in his ordinary state of health; but that fome times before, that fame night, he told the deponent and the rest of the company then at the Kirktown, that he had swarfed or fainted on the hill; that, for that reafon, he could drink no ale: That, upon this, they called for a dram,which he took, and thereafter seemed hearty, and in good fpirits; and Eaft, miln then faid, that the fwarf had happened to him on the hill that fame day. -Depones, That his wife had frequently told him, before the death of Eaftmiln, that he was a tender man; but that he never heard of his having been troubled with violent vomitings, or purgings, before the day on which he died: That he had the appearance of a tender man; and that the deponent has heard his wife fay, that he would not be a long liver. Depones, That at the converfation above mentioned at Kirktown, he heard Eaftmiln fay, that he had been illof a cough and fore breast; and that for fome time paft, he had been thinking of writing to Dr Ogilvie at Forfar, to fend him fome things: That the deponent laughed at him for talking in that manner, and bid him take a dram.

*

B

look

look fo well as formerly. Depones, That the old Lady Eaftmiln told the deponent, that her fon Eaftmiln was about forty years of age when he died. Depones, That Eaftmiln was married the 30th day of January last. Depones, That when Eaftmiln was complaining of the said pain of his ftomach, in the deponent's houfe, he the deponent has frequently given him a dram to comfort him; and particularly, a little before Eaftmiln's marriage, Eaftmiln being ill of the said disease in the deponent's houfe, he got hot ale and whif. ky, with a fcrape of nutmeg in it, and was put to bed without any supper. Depones, That he does not certainly know how old Mrs Ogilvie is, but believes her to be about twenty-one.

*James Millam depones, That Eaftmiln, four days before his death, complained to the deponent of a gravel, and a cholic; and that he could not live if he got not the better of it: That on the evening of the Tuesday before his death, he went into the deponent's house, faying he was cold, and ordered fome fhillingfeeds to be fet on fire for warming him : That he complained of his being ill, refufing to eat, and faying he would have no other fupper but the fire, and that he was fading as faft as dew goes off the grafs. That the fame night was not cold. Depones, That Eaftmiln, the night before he died was again in the deponent's houfe, and faid he was no better.Depones, That before the day on which he died, the deponent never heard that he was ever troubled with any violent vomitings or purgings. Being interrogate, Whether, to the deponent's knowledge, Eaftmiln did not continue in the fame ftate of health after his marriage that he was for a year before? depones, That be never heard him complain before his marriage; but has heard him often complain after it, though he was as intimate with Eaftmiln before his marriage as after it.

Jane Wallace depones, That fhe was fervant in the deceased Eaftmiln's family for three years, and left it, as the thinks, about fix years ago: That the last year fhe was in his fervice, as the thinks, Eaftmiln had an ulcer, and was attended by Dr. Ogilvie: That fince that time the deponent had little occafion to fee Eaftmiln, and did not hear him make any complaints of his health; but that the

deponent from his looks did not think he was in good health. That while he was bad of the ulcer, he was confined, as the thinks, for fix weeks, and the herself fat up frequently with him.

Thomas Jack depones, That about ten o'clock of the day upon which Eaftmiln died, Eastmiln told him, that he had been out the day before visiting fome of his tenants biggings; and that he was very bad that day, and had been obliged to reft himself three times; but told the deponent, that he was better that morning; and that he told the deponent, that he had been a mile, or a mile and a half, from home the day before.

* Elifabeth Ferguson depones, That the day before Eaftmiln died, the deponent faw him in her own houfe, which is, as the thinks, about three miles from Eaftmiln: That he was on foot: That he told her he was not very well; and that he had been taken ill as he said, when he was going home fome time before that, and had not got the better of it, or was not much better yet.

* John Paterfon depones, That he faw Eaftmiln, the day before he died, about a mile from his own houfe: That he was going weft to see some of his tenants big. gings: That Eaftmiln complained to the deponent that he was fick: That he faid his bowels were all fore: and that he had not been fo ill for fix years: That he lay down and took a fleep upon the ground: That the deponent's fifter Margaret Patérfon was with the deponent at this time, and none other.

* Margaret Paterfon [juft mentioned] depones, and concurs with her brother, the preceding witnefs, in all things; with this addition, That Eaftmiln likewife complained of fore bones. And being further interrogate, depones, That Eastmiln after this went further west, and did not return home that she saw.

Margaret Reid, spouse to Fergus Fergufon in Kirktown of Glenyla, depones, That the faw Eaftmiln in her own house, which is about a quarter of a mile diftant from his, the day before he died: That Ealtmiln told her that he was not well, and he behoved to get Dr Ogilvie to give him fomething to do him good: That Eaftmiln was then walking, and had come from the bill.

(2.) What are the common effects of poison?

Anne

Anne Clark depones, That the had once a conversation with one Mr Dougall, a furgeon, upon the nature of laudanum, which Mr Dougall had been speaking of the day that Lieut. Ogilvie was put from Eaftmiln: That Mr Dougall had been ⚫ telling that he took it for the gout; and the afked, If it was not dangerous? he told her, that there had been inftances of fatal effects that it had; but faid, if it was cautiously taken, there was no danger: That the asked how much one might take with fafety? which he told her; but that he did not ask how much of it would do a man's business.

Robert Smith furgeon in Edinburgh depones, That he had once occafion to attend a patient, being a woman near Ormiston, who had got arfenick, and died of it, as the deponent verily believes: That the deponent went and faw the woman about two hours after she had taken the arfenick, in fome pottage, as fhe told him: That the deponent, when he came, found her seized with a violent vomiting and a purging: That the complained of a burning heat in her ftomach and bowels, and had a great thirst, and drank frequently of milk and water: That the deponent, after ftaying fome time with her, went away, and after a few hours, returned to her again, when he was informed, the before-mentioned fymptoms had continued upon her, that is to fay, the vomiting, purging, pain, and drought: That the foon thereafter died; having lived, as the deponent thinks, about nine hours after the took the arfenick. De pones, That the deponent next day infpected the dead body of the forefaid woman, and could difcover nothing externally upon the body different from the appearances after a natural death; but that, upon opening the body, he difcovered the ftomach and guts to be red and inflained, and the ftomach appeared to be gangrened, and in parts of the ftomach he difcovered fome arfenick. Depones, That at the time the woman had received the arfenick, as above deponed, a child had likewife taken a spoonful or two of the pottage, which occafioned the child to vomit, and thereby throw up the arfenick, as he believes, fo that the child recovered. Being interrogate for the pannels, depones, That a perfon may be feized with a vomiting, purging, internal pain, and drought, without having received arfe

nick; as these symptoms may occur in a bilious cholic and other cafes.

Dr James Scott phyfician in Edinburgh, depones, That he has made fundry experiments upon arfenick: That he knows it will not diffolve in warm water; and that the common arfenick that is to be met with in the fhops, although pretty fine pounded, falls to the bottom of a veffel with water almoft instantaneously: That it never puts on a greafy appearance. But being further interrogate, upon the part of the profecutor, depones, That if arfenick be put into a bowl of tea with milk and fugar, that, if it was stirred round, the arfenick would be fufpended fo long, that it would kill a perfon that had drunk it; and if there was honey in the bowl, the arfenick would be ftill more fufpended thereby.

(3.) Whether the fymptoms obferved on Eaftmiln were fuch as are commonly occas fioned by poison?

Anne Clark depones, That Mrs Ogilvie, during the time of breakfast, [after fhe had told fhe had given the Laird the first of the tea], went out of the room twice or thrice, and at length came in, and told, the Laird was taken very ill: That the deponent overheard a report among the fervants, that he was troubled with a purging and a vomiting: That the old Lady defired the deponent to go up and fee Eaftmiln; which he did in about half an hour after breakfast: That fhe continued very fhort while in the room; fhe looked to him, and he appeared to her to be in a dying condition: That she came off very foon, crying; Mrs Ogilvie met her, and alked her if he was daft? That the deponent anfwered, in way of furprife or derifion, O! ay! and Mr O--gilvie is dying. That after she had come down ftairs, and ftaid half an hour or fo, the old Lady desired her to go up stairs to her fon Eaftmiln, to keep him from these two women; and which the deponent underftood she meant Mrs Ogilvie and Elifabeth Sturrock, who were then fitting with him: That there was no body prefent when the old Lady defired her to go up ftairs: That the deponent accordingly went up ftairs, before mid-day, as the thinks, and continued with him till his death, which happened betwixt eleven and twelve o'clock that night: That Eaftmiln, as the deponent has above expreffed, was feized, as she heard, with a pur

B 2

ging

ging and vomiting: That after the went up ftairs to him, he had for fome time a purging, but not near fo violent as the had been informed it was before: That he had a moft fevere vomiting; and called always to give him a cold drink That he drank great quantities .- .of cold water: That the deponent having mixed it with milk, he complained of that, and infifted to have 'cold water by itself, and then drank fome small ale; but upon his brother-in-law Glenkilry's coming there, which was in the evening when it was almost dark, he diffuaded him from taking more ale: That the deponent tried him once with a glass of wine and a piece of fugar in it, which he drunk, and for about an hour after taking it vomited none That the deponent got the glafs of wine from Mrs Ogilvie: That Eaftiniln, immediately after taking the water or the ale, threw it up again; but after he had drunk the glass of wine as aforefaid, there was an intermiffion of the vomiting for about an hour; and though he drank both water and ale after that, he kept it longer than before. Depones, That Eaftmiln complained of a burning at his heart, as he called it; and complained bitterly of pains in the brawns of his legs, and faid they would rent, and defired the deponent to bind them up for him; which the deponent accordingly did That there was a fevere heaving at his breaft, and a ftrong caw, and he cried to keep open the windows to give him breath That he was conftantly in motion, moving his head, his legs, and his arms: That the obferved in the afternoon he did not speak plain, which the fuppofed was owing to his tongue having fwelled; but he did not fee his tongue: That about an hour or an hour and a half before his death, he had an intermiffion of the vomiting but that at length he was again attacked with a moft fevere prefs of vomiting, after which he fell back upon the deponent, who was fitting behind him in the bed fupporting him, and expired. Depones, that he heard Eaftmiln, during his diftrefs, fay to James Millam, his tenant in the mill, who was attending him, that it was either ftrong poifon, or rank poifon, that was killing him. -Depones, that the did not, either the day of Eaftmiln's death, or the day after, acquaint any body, by letters or otherwife, of her fufpicion and belief that Eastmiln

:

died of poifon. Depones, That from her own knowledge the cannot fay whether Eaftmiln was abroad the morning of that day on which he died; but that she heard it reported by others, particularly by Anne Samfon, that he had been out that morning; and heard it reported, that it. was after he had got the bowl of tea; and that he was seized with a vomiting before he got in again.-Depones, That what Eaftmiln vomited was much of the colour of fqueezed eggs, or greenish yellow.

Elifabeth Sturrock depones, That after the deponent had got out of bed on the morning of the day on which Eastmiln died, and before she got the tea as aforesaid, she observed Eastmiln come in at the outer door, and come forward to the kitchen where the deponent was: That he was then very ill, and vomited much : That, at this time, the believes the reft of the family were at their breakfast, Mrs Ogilvie having come into the kitchen for fome cream to the tea. That Mrs Ogilvie, feeing Eastmiln fo ill, defired him to go up to his bed; which he did and the deponent helped him to go up stairs, and to throw off his cloaths: That after he had been a little while in bed, he said, he thought himself fomething easier. But depones, That in a fhort time he turned very ill again, fell a vomiting and purging, and complained of every part of his body; faid, his heart was broken or riven; and he toffed very much. Depones, That Eaftmiln, during his illness, called frequently for cold water, and drank often of it.

:

Anne Samfon depones, That Eastmiln her mafter, the morning of the day on which he died, got up between nine and ten; and first went to the ftables to fee his horfes fed; and then to the fhillinghill, where he converfed with fome of his tenants: That, in his returning towards the houfe, the faw him vomiting, and ftill more when he came into the kitchen; and that when he was there, Mrs Ogilvie came into the kitchen, and ordered Elifabeth Sturrock to help him up ftairs; and followed him herself.

Andrew Stewart depones, That about an hour and a half after they had begun breakfast the day on which Eastmiln died, they were told, that Eaftmiln had been fuddenly taken ill; upon which Mifs Clark immediately run up to the room in