George Anderson, Thomas Anderson, Henry Hodge, John Anderson, Patrick Hodge, Patrick Coldstream, John Stark, Captain James Paterson, John Henderson, and William Balmanno v. James Stephen, Andrew Jamieson, and others — Proof, 16 Jan 1766

P R O O F Adduced for the C OM P L A I N E R S, I N T H E P E T I T I O N a n d COMPLA IN T At the instance of P ROFIR NTHRFEOT a n dOCME NTHRF L EOTa ARTFt A OHIR a hOdT NTHRFEOT a eMiFsco A OHIR a e MiFsco f OpHEiFRMC a hOdT l iMFo a Captain hMCRE e MiRFEOT a hOdT A RTHRFEOT a and m sppsMC uMpCMTr TO a all of them Counsellors of the Borough of f FMspa and constituent Members, either of the Meeting for the Election of Counsellors, and Leeting for the Elec­ tion of Magistrates, or of the Meeting for Election of Magistrates o f that Borough, at Michaelmas 1765; A G A I N S T hNBgl lngeAgba Nb,­gm hNB1gl7ba MTH OidRFE a 6FR ­ tended Bailies, T reasurer, Conveener of the Trades, and Counsellors of the said Borough of f FMspa rela­ tive to the Election of Magistrates and Counsellors o f the said Borough, made at Michaelmas 1765, ta­ ken in consequence o f the following Interlocutors of the Lords o f Council and Session. T H E Lords having advised this petition and complaint,with the answers thereto, they, before answer, allow the complainers a proof of the facts set forth in the pe­tition and complaint, and of all facts and circumstances relative thereto; and allow the respondents a conjunct probation thereanent: And also allow the respondents a proof of the facts contained in their answers, and of all facts and circumstances re­ lative thereto; and allow the complainers a conjunct probation thereanent; and grant commission to Mr James Balfour advocate, Alexander Tait and Alexander Ross principal clerks of Session, Alexander Gray, Robert Leith, and Alexander Ross, depute-clerks o f Session, or any one of them; and failing all of them by not- acceptance or attendance, to the Sheriff-depute of the county of Edinburgh, or his substitute, to take the said proof at Edinburgh, any lawful day or days betwixt and the 15th day of February next to come: And likewise grant commission to Henry Davidson, named by the respondents for taking the depositions of such witnesses as shall be brought before him, at the instance o f the complainers; and to William Gordon, attorney at law, London, named by the complainers for taking the depositions o f such witnesses, as shall be brought before him at the instance of the respondents; and that at London, any of the lawful days betwixt and the said 15th day of February next; and failing of the acceptance or atten­ dance of the said two commissioners last named, with power to the commissioner accepting or attending to take the depositions o f the witnesses adduced for both parties: And failing both their acceptance or attendance, grant commission to the judge-ordi­ nary of the bounds to take the said proof, and assign the said 15th day of February next, for reporting thereof; and grant warrant for letters of first and second diligence against havers and wit­ nesses hinc inde.Upon the 4th July 1766, Lord Gardenston, ordinary on the oaths and witnesses, circumduced the term against the complain- ers for not proving ultra.And upon a petition for the complainers, praying to be reponed againft the circumduction, so far at least as to allow Sir Jonn An-A struther.4 Edinburgh, 16th January 1766. struther, Mr John Lumisdane writer in Edinburgh, and Mr Ro- bert Fall merchant in Dunbar, to be examined, the Lords, upon the 9th July 1766, resisted to repone the complainers against the circumduction, but allowed Sir John Anstruther, Mr Lumisdane and Mr Fall, to be examined, and their oaths to be received in the cause; to be reported against the 18th of the said month of July, And upon another petition for the complainers, praying the Lords to grant first and second diligence at their instance against Mr Lumisdane, to compel Mr Lumisdane’s attendance in court, in order to be examined, to such short day as should seem proper; the Lords on the 22d November 1766, granted warrant for let­ ters of first and second diligence, at the complainer's instance, for citing the said John Lumisdane to appear and give evidence in the cause, to the 29th day of the said month of November. MR e M i F s c o P pMEa minister of the gospel at Grail, aged60 years, depones, That he knows that Colonel Scott, and Sir John Anstruther were both candidates for the late Sir Henry Erskine’s boroughs, but none of them applied to the deponent for his interest or assistance, nor did he use any interest for them. Depones, That about eight days before the last Michaelmas elec­ tions, the deponent dined with Sir John Anstruther and Colonel Scott, in the house of Bailie Jamieson, where he was desired to come: That, upon the deponent’s proposal to go away after din­ ner, Colonel Scott desired him to stay a little, till he had made a certain proposal, which was to this purpose: That Sir John An­ struther and he had unite their interest together in this borough; and the deponent would see how chearfully 14 of the council* which was a great majority, would agree to this proposal, and that Sir John Anstruther should be their delegate; upon which Sir John Anstruther, Colonel Scott, and the 14 members of the council, joined hands with a huzza: Upon which the deponent said, Gentlemen, I was never privy to any transaction of this kind since I was minister of C rail; and as the deponent looked upon The COMPLAINERS PROOF. upon every lawful promise to be a sacred thing, the deponent said he hoped he should never hear of their breaking this promise; upon which the deponent went off to the country. Depones, That he never heard of any unlawful means used by Sir John Anstruther, Colonel Scott, or any of their agents, friends, or con­ nexions, to procure any of the votes of these people that were pre- sent at that meeting. Depones, That he heard of a meeting of 11 or 12 of the council’s being in Peter Hodge’s house, at which meeting they engaged not to determine themselves for any of the candi­ dates, till they all were convened together; that they should hold no separate meeting without the whole being present: further heard, that seven of them, at a meeting of their own, gave their promise to be for Mr Alexander, and that the rest remained unde­ termined for some time; but how long the deponent did not hear; and what he so heard, should have happened before the last-men- tioned meeting and dining with Sir John Anstruther and Colonel Scott. Depones, That Mr Lumisdane told him, that Sir John An­ struther was to stand a candidate, and Mr Lumisdane hoped that he had the ministe r ’s good wishes; to which he answered, That he was strongly solicit for his good wishes to Mr Alexander by a gentleman in Edinburgh, for whom the deponent had a very great regard; and the deponent made answer, that he was resolved to appear on no side, as it did not lie in a minister’s way, and abso- lutely refused to dine with Mr Lumisdane, though strongly invited by him that day; and this was before the deponent dined with Colonel Scott and Sir John Anstruther as above mentioned. De­ pones, That he received two letters from Mr Mosman merchant in Edinburgh, desiring his interest for Mr Alexander: That this Mr Mosman is the gentleman meant above: That he returned an answer to both these letters; but so far as the deponent remembers he promised no assistance to any of the parties, but rather on the contrary. And being interrogate for the respondents, If it con- sists with his (the deponents) knowledge, or if he has heard from any person if Mr Alexander, or any of his friends or connexions, had used any undue influence with any of the counsellors of Crail, in order to procure their votes for him at the last elections in that borough? depones negative, as to his proper or private- knowledge; but has heard again and again, that Mr Alexander himself offered money to counsellors or their wives, to some con- siderable extent, and particularly to James Mitchell’s wife, to a- bout bout L. 5o or L. 60 in notes, which Mr Alexander threw into her lap; and the deponent was told fo by both Mitchell and his wife, as alfo to Bailie Gillies’s wife or daughter: Alfo that one of Mr Alexander’s agents offered the before-mentioned Bailie Gillies’s "wife or daughter, a fum of money, during the non-payment of which fum, Bailie Gillies was to have L. 10 yearly; and this the deponent had from Gillies, his wife and daughter th'emfelves, when the deponent was making them a parochial v ifit: That at laid time, Gillies alfo told the deponent, that Mr Alexander himfelf of­ fered to take all his webs from him at his own price. Caiifa feien- ti£ patet, <&r.— And further depones, That Mitchell, at the time above men ioned, told the deponent, that he had been much teazed yeflerday, by Alexander’s agents making offers of money to him and his wife; and laftly, by Mr Alexander himfelf, as above men­ tioned. f d F s E i s M T u O 5 CMT a fpoufe to John Murray failor in Crail, agecl 4 S> depones, That fine is acquainted with Bailie Steven and his daughter Elifabeth: That the deponent happened to meet with her when gathering bait; and at this time Elifabeth Steven told the^ deponent, that her father was gone to Anflruther-Eaffer, to be inftalled in his port, but did not inform the deponent by whofe means her father had got the poft, nor what it was: That the deponent afked, If this poll was to be in Crail? to which Elifabeth Stevenanfwered, her father would not have taken that poll, if he was to live out of Crail: That the deponent then afked, If they were to lole John Anderfon the tidewaiter? to which Elifabeth Steven anfwered, That it was in Sir John Anflruther’s power to break him. Caufa J'ciem'ue patet, &c. hOdT B; F FM t wright in Crail, aged 40, depones, That a little before the laft Michaelmas election Mr John Lumifdane of Blainzearn or Stravithie, lent into the town of Crail an hundred and odd bolls of oat-meal, which was fold to the feven incorpo­ rate trades of that town, at the rate of 8 Scots per boll: That the deponent himfelf got three bolls of it at faid price. Depones, That he knows Mr Lumifdane to to be an intimate friend of Sir John Anftruther’s; and that he pothered for him in the town of (.rail. Depones, That at the time this mead was fold to the in­ corporations as above, the current price of oat-meal was L. 9 the boll boll in the public-market, and that for ready money, when sold in small parcels: That the deponent could have bought two or three bolls at the same price of L. 9, upon ten or fourteen days cre­ dit. Depones, That he could not, at that time, have bought 100 bolls from any other person at that price, neither for ready money nor credit. Depones, This 100 and odd bolls meal was allenarly for the use and behoof of the seven incorporated trades, and for the use and behoof of no person else. And being interrogate, Whether this bargain of meal was made on purpose to have any influence on the elections? depones, He was not present at ma­ king the bargain, which was made by the deacons and conveener. and therefore cannot tell. Depones, That he does not know that this bargain of meal was made use of by any of Sir John Anstru- ther's people, as an argument for influencing any person in giving their vote or interest at the elections: That he has heard several of the trades-people, when talking among themselves, speak of it as a favour, and say, they were more obligated to Mr Lumisdane on ac­ count of this meal, and to be for Sir John Anstruther, rather that any other person. Depones, That it is a common practice in the town of Crail, that the members of every incorporation direct and instruct their several deacons how they are to give their vote in council as to the election of magistrates, and it was so done at the last election; and that the instructions given them, were to con­ tinue the old magistrates, who were known to be friends of Sir John Anstruther. Depones, That he thinks Sir John Anst ruther had no influence over the incorporations of Crail before the po­ thering about the last elections began. Depones, T hat he does not know whether Sir John Anstruther might not be sometimes in the town of Crail before the pothering about the last elections began, but never knew or heard of his calling the trades, or ta- king any notice of them before that time, nor never heard of his having any concern with them. Depones, That the seven incor­ porations instruct their several deacons to chuse the deacon-con- veener, and he is chosen according to these instructions. De­ pones That he heard James Brown say, in a meeting of the incor­ poration of wrights, that he was offered L. 100 Sterling; that he could even get L.200, or L. 10 a-year to the youngest of the name of Brown, and that was his own daughter, provided he could make his father; but James Brown did not say by whom these offers were made, or for whom he was to make his father. Depones, That That the deponent was never asked for payment of the three bolls of meal which he received out of the meal above mentioned, sent into Grail by Mr Lumisdane; and does not know that it was asked from any other person. And being interrogate for the re- spondents, depones, That he thinks the meal above mentioned was brought into Grail about six weeks before the last election of magistrates, and is certain that it was before Mr Lumisdane came to the boroughs. Depones, That the above-mentioned meal was Mr Lumisdane’s, but it was sold by Mr James Hogg factor to Mr Lumisdane, and Mr Hogg has been in practice of selling meal to the trades of Crail; and that the trades have received from Mr Hogg south country meal as well as home-made meal. Depones, That the above meal was bought before Mr Lumisdane came to the town of Grail, but was brought in after he came. De­ pones, T hat the trades received some hundred bolls of south-coun- try meal in spring and summer last, besides the meal above men­ tioned: That the price of this south-country meal was 13s. Sterling per boll. And being interrogate for the complainers, depones, That he never knew Mr Hogg sell meal to the trades o f Grail, be­ low the market-price of such meal, except the last 100 and odd bolls above deponed to. Depones, That he believes the said 100 and odd bolls, which were fold at L. 8 the boll, were sold be­ low the market-price, on account of the elections. Depones, That Mr Hogg, who sold the meal, has a brother who is factor to Sir John Anstruther; and the said James Hogg was an assistant to Sir John Anstruther in the elections. And being interrogate for the respondents, depones, That when a person buys a large quantity of meal he generally gets it cheaper than what a small quantity is sold for in the market; and that this is the case when the trades of Grail buy large quantities of meal; also, that they are in use to get a boll to the hundred. Causa scientiae patet, &c. N THFR 5 hOdTE iOT of Rennyhill, collector of the customs at Anstruther, aged 37, or thereby, depones, That upon the death of Sir Henry Erskine, the deponent went to Grail, and conveened the council, the most part of whom did meet, and the deponent informed them of Sir Henry Erskine’s death, and desired them not to be rash in filling up the two vacancies that were in the council, as the town of Cellardike had done that morning, or lately; that they would soon hear of candidates, but that the deponent was not not then to declare any of them: That, on the evening of that day he met Thomas Anderson in the street, who was a counsellor but was not present at the above-mentioned meeting of the council: That the deponent desired Anderson not to be rash in engaging himself for any candidate that might ask to represent these bo­ roughs, but to take his directions from the deponent, who, he thought, had the best title or interest to such directions, consider- ing the connexion that was betwixt them: That Anderson an- swered, There was no other person whose advice or directions he would listen to, except Mr Lindsay of Wormiston, but that he would prefer the deponent’s; and as a sign of it, he gave him his hand, and said, he would stand to the promise he then made. Depones, That about three weeks thereafter, the deponent being informed that Thomas Anderson had joined another party opposite to the deponent’s inclination, he went to Anderson’s father’s house, and was there in company with the father and the mother, and An­ drew Black, a part of the time he was there: That the deponent told Thomas Anderson’s father of what he had heard about his son: That the father, who is an old man much failed in his sight, and very indistinct, answered, You should have kept sight of him, and seen him oftener: That the father advised the son to come to Anstruther, which he had not done; that now he was engaged to Mr Alexander, and had been earled, or got some small sum of money, but did not say what that sum was: That the deponent desired Thomas Anderson’s mother to go to the fields and bring him in, but she seemed unwilling to go at first: That the depo­ nent asked, what the bargain was that their son had made; the old man answered, That this bargain had been made by his wife ben the house, that they were never to want all their days: To which the deponent replied, It would have been much better for their son to have kept his first promise, as it was natural for the depo­ nent to wish him well, being his father’s tenant; that the depo­ nent would get him kept in the council: That upon the fathers saying, If his son should return to his first engagement, he would lose the advantages he and they (meaning himself and his wife) had been offered; that they had this year a very bad crop of bear and Balfour's land which they possessed was very dear; to this the deponent said, If his son would go alongst with him to Anstruther, something might be done towards an ease of his rent; and that the deponent would also speak to Balfour, with whom he ‘ was was acquainted: That part of this conversation past; with the old man and his wife, and partly with the wife ben the house: That the deponent’s intention in talking with the old man, and with the wife ben the house, was to learn the particulars of the bargain they had made, and to bring them over to his side, of which the deponent, at the same time, had little expectation: That after this conversation, the old woman went very willingly for her son- and the father asked the deponent, What he should do with the money they had got? which the deponent understood to be a small sum, and said, They might either return it to the person who gave it, or put it into the board on Sunday. And being interro­ gate, What he means by a small sum? depones, It might have been five pound or five shillings for any thing he knows of the matter. Depones, That the mother, in a little time, returned with the son, when the father repeated to him part of the conversation that part, and the deponent remonstrated to him against breaking his promise: That the son answered, that they were to get great advantages; that he did not value land, for he was wearied of labouring, or words to that purpose; that the deponent ought to have come oftener to h im: That the deponent asked him, If the bargain he had made was made upon stamped paper, for otherwise it may not be good? to which Anderson answered, Do you think the gentlemen will break their words: That the deponent replied he would not say that, but desired Anderson to go to Anstruther with him: That Anderson said he would go, but behoved first to g o to a meeting of Mr Alexander’s friends, and s peak to them: That the deponent said to this, If you be going there, you need not trouble yourself to go with me, for I was but joking you: That the deponent does not remember to have had any conversa­ tion with Anderson since that time upon that subject. Being in- terrogate, Whether, at the time of the above conversation, the de­ ponent said himself, or heard any other person say, that Mr A- lexander would lay heavy burdens, or burdens of 400 weight upon his back? depones, He does not remember to have said, or to have heard say any such thing; but does not doubt some jokes might have past. Depones, That he has heard since that time, that Ander- son was to be employed by Mr Alexander, either as a porter or servant, but docs not know which. Depones, That in the above conversation with Anderson’s mother, she said no more to the de­ ponent than what is above deponed to. Caus a s cientiae patet,&c. J A M ES hMCRE GNS­1ga conveener of the trades of Crail, aged 56 de­ pones, That he knows Mr John Lumisdane of Strathvithy, and James Hogg his factor, were agents for Sir John Anstruther in the late elections: That about the beginning of the month of Septem­ ber last, 100 bolls of meal, 100 bolls of which belonged to Mr Lumisdane, and 50 to the Laird of Dinnoono, as the deponent has heard, were brought into the town of Crail by Mr Hogg, and sold to the seven incorporations in that place, at the price of L. 8 Scots per boll. Depones, That the price of said meal was about 1 s. per boll below the market-price at that time; and that it was common, when they buy so great a quantity of meal, to get it at a groat, six pence, or eight pence below the market-price. Depones, That there is no part of this meal as yet paid; but that a bill for L. 100 Sterling was given for it, payable the 14th day of March next. Being interrogate, Whether this bargain of meal might have any influence upon the trades with respect to the ele- tions? depones, He does not doubt but it might. Depones, That it is the custom in the town of Crail, for the several trades to instru ct their deacons how to vote in the election of magistrates; and that before the last elections, they were instructed to vote for continuing the then magistrates, who were upon the side of Sir John Anstruther. Depones, That Mr John Lumisdane solicited the de­ ponent to be upon the side of Sir John Anstruther: That his answer was, that as yet he was engaged for nobody, and would not be en­ gaged, till he thought a little upon it, and saw how' matters would turn out: That after having thought upon it, he determined with himself to take Sir John Anstruther's side, because he thought it was the interest of the trades so to do at the present, as Mr Lumisdane had been very kind to them: That the selling them the above quantity of meal was a great favour. And being interrogate, If Mr Lumis- dane, when soliciting him as above told him, that if he did not vote for Sir John Anstruther, he would be grazed? depones, That he does not exactly mind, but doubts not but words to that pur- pose might have past at this time: That the deponent saw very well and had it before his eyes, that he would be turned out if he did not engage on Sir John Anstruther’s side. And being inter­ rogated, Whether the keeping of his place as conveener, and the above bargain of meal, were the motives which determined him to take the side of Sir John Anstruther? depones, That no doubt that the interest of the trades o f Crail, and the keeping his office as conveener were strong motives with him; for he thinks, that if, he he had not a regard to the interest of the trades, he would not de- serve to represent them; but that the meal alone would not deter­ mine him. Depones, That none of the deacons, but the con- veener, are members of council. Depones, That he never knew Sir John Anstruther take any notice of the magistrates or people of Crail, before the pothering about the last elections began; but knows, that upon an occasion of a boat’s being lost in the month of January 1765, Sir John gave six guineas to be distributed amongst the sufferers, and is in use to give something yearly for cloathing of the poor, such as a guinea, less or more. And being interro­ gate for the respondents, depones, That he has known Sir John Anstruther sometimes in the town of Crail, several years ago, upon occasion of a bargain about a muir betwixt him and the town. Depones, That he has heard that there was some dispute betwixt Sir John and the town about the muir, about the measure there­ of; but thinks, i f they were met about it, they would soon agree. Depones, That the trades have been in use, for several years past, to get Strathvithy meal from Mr Hogg; only they got none the year before the last, because the conveener kept up part of the price; and they got the offer another year, but could not agree about the price. Depones, That the trades got from Mr Hogg, in the month of March last, 130 bolls of meal, which came from England: That they got a boll to the hundred: That in the month of May or June, they got 300 bolls, and also a a boll to the hundred: T hat the price of both these quantities was 1 3 s. Sterling, and both came from England: That these two quan­ tities of meal were much better than any north-country meal, and very near as good as home-meal. Depones, That he got 37 bolls of the above English meal, which he sold out some of at L. 8 Scots, and some at L. 8,4 s. ready money; and that, even at that price, it was about 4 d. the boll below the price of that meal when sold in pecks in the market. Depones, That there was no boll given to the hundred of the Strathvithy meal, or the meal, gotten from the Laird of Dinnoono, sold by Mr Hogg as above. Depones, That the trades of Crail, or rather the deponent himself for their behoof, applied to Mr Hogg for the Strathvithy meal, sometime before the beginning of September: That Mr Hogg then told the deponent, that he had got no orders to sell it; but thereafter he met him in Anstruther-market, and told him, he was going to Crail to sell the meal: That the above meal was sold to all the different trades that would would take it, without distinction, whether they were upon Sir John Anstruther’s side or against him. And being interrogate for the complainers, depones, That the meal was rising in the price, in the market, from March to September; and believes it might have risen a little in the interval betwixt their having got the 130 bolls and the 300 bolls. Depones, That the time they got the 150 bolls first mentioned, they could not have had it at the same price from any other person. Causa scientiae patet, &c. G; c t f O 5 M T a alias HALL spouse to George Hall merchant in Crail, aged 30 and upwards, depones, That some time before the election of the magistrates of the town of Crail, the deponent was in company, in her own house, with Peter and Henry Hodges, counsellors of the town of Crail, to whom she made an offer of L. 50 Sterling in bank-notes, provided they would give their votes and interest in the ensuing elections for Colonel Scott: That this she did of her own accord, without being desired by Colonel Scott; and believes her husband, Mr Hall, was in company; and that it is commonly reported, that Colonel Scott joined interest with Sir John Anstruther; and she knows her husband was a friend of Colonel Scott’s, though he was not then a counsellor: That when he came to be in the council, which was at the last election of magistrates, he, in the election of a delegate, voted on the side of Sir John Anstruther. And depones, That she never made any offers to any other person. And being interrogate for the respondents, How this offer of the L. 50. being made by her to Peter and Henry Hodges came about? depones, That her hus- band informed her, that long before Sir Henry Erskine's death, Peter Hodge desired him to apply to Colonel Scott for being em­ ployed to furnish shoes to his regiment; and that he had laid to Peter Hodge, that he would do so; and the deponent has also heard Peter Hodge speaking to her husband upon that subject: That after Sir Henry Erskine’s death, the deponent’s husband ap­ plied to Peter Hodge for his interest for Colonel Scott; to which Hodge answered, He would not determine, but he had no objec­ tion to Colonel Scott: That the morning of the day on which the above-mentioned offer was made, or the day before, the deponent's husband told her, he had been in the house of Peter Hodge, when mention was made of Thomas Tod tanner in Edinburgh, to whom Peter Peter Hodge was owing a bi l l: That the deponent's husband had gone there, in order to endeavour to engage Hodge to declare for Colonel Scott; and that he asked Hodge, what was the extent of this bill? was it L. vkk? To which Hodge answered, it was not so much; but Hodge’s wife said it was not far from it; but it came out that the bill was only L. 38 Sterling: That the depo­ nent’s husband told her, that Hodge’s wife said, that i f Mr Tod would give up the bill, he might vote for whom Mr Tod pleased: That upon her husband's telling her all this, she made the above- mentioned offer of the L. 50: That the deponent’s husband under- stood what was said about Mr Tod’s bill to be a way of asking mo- ney for the payment of it, or that Hodge would vote any way that Mr Tod would require him, if the bill was given up: That the deponent’s intention, in making the above-mentioned offer was that the money should be applied to clear off Tod's bill, though the deponent did not say so at the time, nor does she know that her husband said so; but she knows it was his intention. Causa s c i e n t i a e p a t e t, & c. hMTR i,;T a Epouse to James Mitchell land-labourer in Grail about 40, being interrogate, If she is acquainted with Mr John Lumisdane? and if he desired her to endeavour to make her hus- band to be on the fide o f Sir John Anstruther, and, for that pur- pose, made her any offer: or, if any other person, besides Mr Lumisdane, did so? depones, That she knows Mr Lumisdane; but that neither he, nor any other person, desired her to engage her hus- band to be for Sir John Anstruther, or made her any offer for doing this; nor did her husband ever inform her, that Mr Lumisdane or any other person, had asked him to be for Sir John Anstruther; and that it was quite unnecessary that any body should do this as her husband's own inclinations led him to be for Sir John, D e- pones, She does not know whether her husband ever conversed with Sir John Anstruther before the time of the late elections. Depones, that her husband had never any favour from Sir John Anstruther, nor ever asked any. Depones, That she never had 'a- ny conversation with any person, since she was summoned as a witness, concerning what she was to say when she was examined ' Depones, That her husband never had the offer of any post, nor ever asked one. Causa s c i e n t i a e p a t e t, & c. JAMES hMCRE A O I I a merchant in Anstruther-Easter, aged 30 and up- wards, depones, That he was an agent for Sir John Anstruther in the late elections: That he is acquainted with Alexander Bower counsellor in Crail: That some time about the 10th or 12th of September last, he met with Bower on the street, and asked him, how he was inclined with regard to the elections? and whether or not he would be for Sir John Anstruther? to which Bower an- swered, That he inclined that way, because his father had been a mason to Sir John, as he himself had been, and was at the time; only he did not chuse to engage himself, till he saw what friends Sir John was likely to have in the town: That some time after, he told Bower, that Sir John Anstruther had several other friends in the town, and that the deponent expected that he would now de­ clare himself on Sir John’s side, which Bower did; but the depo­ nent never made Bower any offers, nor did he ever demand any thing of him; only the deponent said, if he was Sir John’s friend at present, he might expect the continuance of Sir John’s friend- ship for the future. Depones, That he never knew or was witness to any offers made by Sir John, or any of his friends or agents, to Alexander Bower, or any other person, for his or their interest in the elections, nor for the behoof of any counsellor. Depones, That on the first week of September last, the deponent sold to the deacons of the trades of Craft, 100 bolls of meal, part of which was the property of Mr Lumisdane, and part of which belonged to Sir William Erskine of Torry, the growth of his lands of Din- noono, whose doer Mr Lumisdane is, and dispofes of his meal, and manages all his affairs: That the deponent had 50 bolls more o f meal to dispose of, which the deacons also wanted to have; but the deponent did not chuse to give it, till he knew if Mr Lu­ misdane would have occasion for it, or any part of i t; for Mr Lu­ misdane knew nothing of the bargain he had made with the dea­ cons about the 100 bolls above mentioned. Depones, That the price was L. 8. Scots per boll: That the deponent told Mr Lumis­ dane of the bargain about the 100 bolls, and asked him if he had any use for meal; and upon his saying he had not, the de­ ponent told the deacons, they should have the other, which was delivered them accordingly. Depones, That the price of said meal was below the retailing price; but cannot say at what price such a quantity might have been bought at the time. Depones, That he would not have sold this meal at the same price to any o- ther ther pers on than the trades o f Crail: That the deponent has been in use to sell meal to these trades for some years past and general­ ly used to give them it a little cheaper than he would have given it to any other body. Depones, That it is two years since they got meal of Mr Lumisdane’s from him before; and the reason was because they were in arrears for some meal they had formerly got of Mr Lumisdane’s, which was cleared before the deponent sold them the last cargo. And being interrogate, If, at the time the de­ ponent told Mr Lumisdane that he had sold the first 100 bolls and asked him if he had use for any part of the 50, he, at that time had any conversations with Mr Lumisdane concerning the elec­ tions? depones negative, to the best of his remembrance. And being interrogate, If, in selling the said meal, he had any view to the elections, or would have sold it as cheap if no election had been in view? depones, That he is positive he would, although no e- lection had been in view: That at this time Sir John Anstruther had not declared himself as a candidate. Depones, That he got a bill for the price o f the said meal: That the credit given was three or four months from the delivery of the last parcel: That he ge­ nerally, in dealing with these trades, was in use to give them three four, six, and some times nine months credit: That the last parcel was delivered, so far as the deponent remembers, in the end of Oc­ tober or beginning of November: That the reason why the last parcel was so long in delivering was, that the tenants who car- r ie d it desired it might be delayed till all their corns were in, in ca se th e trades could conveniently want it till that time. Depones, That the reason why the credit was so short in this bar­ gain was, because there was a long interval betwixt the delivery of the first and last part of this meal, and the bill was granted for the price of the whole. Depones, That when the first 100 bolls were sold, he did not foresee that there would be so long an inter­ val betwixt the delivery of the first and last cargos. And being interrogate, At what time the bill was granted? depones, That he thinks it was in December, or January last, occasioned by the deponents being from home. And being interrogate, depones, That he know s o f no m eal so ld to the trades by M r. Lum isdane himself. And being interrogate for the respondents, depones, That he sold to the trades of Crail 130 bolls of meal in the month of March last, and 300 bolls to be delivered in the month of May out which was not delivered till the month of June: That upon both these these cargos, he gave a discount a boll in the hundred, or an al­ lowance of a boll to the hundred, which was no part of the bar­ gain, but was given to enable them to pay their shore-dues,: That he heard no complaints of this meal: That the price of it was 13 s. per boll, and both the cargos came from Fenham Flats in Northumberland: That there was no boll to the hundred given in the 150 bolls first mentioned. Depones, That in selling Mr Lumisdane’s meal of former years, he has sometimes given an al­ lowance of a boll to the hundred, but this was always left to himself by Mr I.umisdane. Being interrogate for the complainers, Why he did not give a discount of a boll to the hundred of the 150 bolls last mentioned, depones, He does not remember of its being demanded. Depones, That he sold a cargo of meal at Leven, also at 13 s. per boll, being part of that cargo of meal, of which the above-mentioned 130 bolls were sold to the trades of Crail. And being interrogate for the respondents, depones, That James Mitchell’s wife told the deponent, That Mr William Alex­ ander had offered her some bank-notes, which Mr Alexander said was L. 50. And being interrogate for the complainers, If he was employed in collecting materials for answering this complaint? depones, He was not, though he sometimes was employed in copy­ ing papers. And being interrogate, Why he did not take the bill during the two months of November and December last? depones. That he was frequently from home during that period. Causci- entiae patet, &c. hMCRE u FO5T wright in Crail, aged 31, being interrogate, If he, at a meeting of the incorporation of wrights, when making a speech to them, said, that his father was offered the sum of L. 50 Sterling by M r John Lumisdane? depones, That he never said any such thing; but said, that he himself was offered money by a gentleman, whom he did not name, in order to influence his fa­ ther; but did not say to the wrights for whom he was desired to influence his father. Depones, That he never had any offers made him by Sir John Anstruther, Mr Lumisdane, or any of his (Sir John Anstruther’s) friends or agents, in order to influence his fa­ ther. And being interrogate for the respondents, depones, That the person he spoke of in the meeting of wrights, whose name he concealed, was Mr Andrew Duncan shipmast er in St Andrews who offered offered the deponent L. 100, i f he would influence his father to be for Mr Alexander. Causa scientiae patet, &c. Miss u R i i t B O T c F s R q a eldest daughter to James Moncrief of Sauchop, aged 20 and upwards, depones, That she knows that her father received a letter from Mr Wemyss of Wemyss, but knows nothing of the contents thereof, nor at what particular time her father received it; but only it was after Sir Henry Erskine’s death. Depones, That she has heard a talk, that her brother was to get an ensigncy; but this was without doors, for she never heard any such thing mentioned in her father’s family, and knows nothing of it herself. Causa scientiae patet, &c. Miss B M F I M F R i B O T c F s R q a daughter to the said James Moncrief of Sauchop, aged 20, depones, That she knows that her father received a letter from Mr Wemyss of Wemyss, soon after the death of Sir Henry Erskine; but the deponent knows no­ thing of the contents of that letter: That her father some time after receiving it, declared himself a friend for Colonel Scott in the ensuing elections; but the deponent does not know that this was owing to the foresaid letter. Depones, That she never heard that an ensigncy was offered for, or proposed for her younger bro­ ther, nor did she ever hear of any proposal to augment her fa­ ther’s salary, as collector of the land-tax, till she was informed it was in the complaint. Causa scientiae patet, &c. g p s E M w R i d l i R. R T a daughter to Bailie James Steven, aged 20 and upwards, depones, That her father, a little before the last elections of magistrates, or much about it, got the office of a tidewaiter, which had been promised to him by the deceased Sir Henry Erskine. And being interrogate, By whose interest. her father got the above office? depones, She knows not, only Mr Cuningham sent for her father to Bailie Clark’s, and told him, he might depend on getting that office in a short time, in the room of Mr Home lately deceased at Anstruther-Easter; and that this happened before Sir Henry Erskine left Edinburgh. Depones, That she never heard that the office her father now enjoys was promised him by any body but Sir Henry Erskine. Depones That one day when gathering bait with Katherine Bowman, the discourse turned upon the deponent’s youngest brother, for whom she she was then gathering bait: That she said, that if he was once away, she would be done with this, and that her father was go­ ing to Anstruther; and that this last the deponent said from what had past betwixt Mr Cuningham and her father in Bailie Clark’s, as above. Depones, That at the above-mentioned time, she said she expected her father was to go to Anstruther, to be installed in his post. Depones, That she did not say at that time, that it was in Sir John Anstruther’s power to break John Anderson, nor did she know, whether or n o t that was in his power. Depones, That her father first joined the interest of Colo­ nel Scott, and then that of Sir John Anstruther: That she does not know if her father was acquainted either with Colo­ nel Scott or Sir John Anstruther, before the pothering about last elections began. And being interrogate, If she knows, or has any reason to believe, that after the death of Sir Henry Erskine, her father owed the getting of his office either to the interest of Sir John Anstruther or Colonel Scott? depones negative. Depones, That the above mentioned Mr Cuningham was then the Collector at Anstruther, and clerk of Crail. Causa scientiae patet, &c. n dOCME l d s R ppE deacon of the wrights in Crail, aged 64, depones, That he was not instructed by his trade to give his vote in the election of magistrates, upon Sir John Anstruther's side, nor is it customary in the town of Crail, for the trades to instruct their deacons how to vote in the election of magistrates. And be­ ing interrogate, If the deacons, at a meeting amongst themselves, came to a resolution to vote upon the side of Sir John An­ struther? depones, He never heard of any such thing. De­ pones, That he never heard of any intention among the dea­ cons to graze their conveener, in case he did not vote for Sir John Anstruther. Depones, That he voted for continuing the old ma­ gistrates, because they had been formerly in office, not because they were friends of Sir John Anstruther’s; this being the resolu- tion of his trade; it being their ordinary way to follow the reso­ lution o f the trade.. And being interrogate, How he came to say, that it was not the custom for the trades of Crail to instruct then- deacons how to vote in the election of magistrates, and at the same time to acknowledge, that in giving his vote to continue the old magistrates, he followed the resolution of his trade, it being their ordinary way to follow the resolution of the trade? depones, That it is the custom of the deacons to go to every particular mem- ber ber of their trades, when met together, and to ask them, one by one, who they incline should be magistrates; and that the deacon determines himself by the majority. Causa scientiae patet, &c. NTHFR5 u pMco merchant in Anstruther-Easter, aged 30, de­ pones, That upon the 14th of Angust last, or about that time, the deponent was in Thomas Anderson’s father’s house, when the con- versation turned upon the death of Sir Henry Erskine, the ac­ counts of which had come the day before, and upon the future e- lect ion of a member of parliament in his place; when Thomas Anderson's father said, that his son would give his interest any way that Mr Johnston of Rennyhill should direct. That thereafter, about an hour or two, the deponent met Thomas Anderson him- self in the street, who confirmed what his father had said to Mr Johnston, who was then with the deponent, and gave him his hand thereupon; but nothing else past betwixt Mr Johnston and Thomas Anderson at that time: That upon the 12th of September the deponent and Mr Johnston of Rennyhill went to the house of Thomas Anderson’s father: That Mr Johnston ’s reason for going there was, his being informed that Thomas Anderson had chan­ ged sides, and was to be upon the part of Mr Alexander: That up­ on coming into the house, they inquired at the old man and his wife, if it was true that their son had changed sides, and what was the reason thereof? that they made answer, That Mr Alexander, or some of his friends, had promised to make up the deficiency of their rent, and also to give them some thing to live upon all their days: That the old man said, Mr Alexander and his (An- derson’s) wife had gone ben the house and made this bargain: That after this conversation the old woman went out for her son and returned along with him, when Mr Johnston asked at Tho­ mas Anderson, if it was true that he had changed sides? and what was his reasons therefore? and then Thomas Anderson repeated what had been said by his father and mother as above mentioned; and added, that he had been earled by Mr Alexander as his ser- vant; upon which the deponent asked him, If he was to be a porter? and Anderson answered he was not; but said, so far as the deponent remembers, he was to be employed in a farm. Depones, That upon this, Mr Johnston desired him to go to Anstruther, and signified as much as that he would procure him an ease of his rent from his father: That Anderson appeared first shy about his going to An­ struther, struther, but at last said he would go; but behoved in the first place to go and speak to his party; That Mr Johnston said if he behoved to speak to his party, he might stay. And depones, That this is the whole of what past at that time. Being interrogate Up­ on what account this ease of the rent was to be procured by Mr Johnston? depones, He did not hear any reason given, but pre- fumes it was, that Thomas Anderson might return to his first en­ gagement. And being interrogate for the respondents, What he means by making up the deficiency of rent? depones, That the conversation turned upon the badness o f the crop, of which they were complaining, and that this conversation was the occasion of men­ tioning an ease of their rent. Depones, That the old man told the deponent, that at the time above mentioned when his wife went ben the house, and made the agreement with Mr Alexander, she got from him some small sum, which the deponent thinks was said to be 5 s. Depones, That the earles above mentioned, he heard was a shilling, so far as he remembers. And being interrogate for the complainers, If Mr Johnston, at the time of the solicitations a- bove mentioned, spoke of any particular candidate? depones, He does not remember if he did or not, but prefumes that they were made for Colonel Scott. Caus a Scientiae patet, &c. Mr ­ OwRF i y M p pa merchant in Dunbar, aged 40 years, de­ pones, That he was an agent for Sir John Anstruther in the late elections in Fife; and that it was early in the month of September when Sir John Anstruther was offered as a candidate for the di- st r i ct of boroughs. Depones, That he understood Colonel Scott was a candidate for the Fife district, before Sir John Anstruther was offered as such; and that the Colonel afterwards joined his interest to Sir John’s. And being interrogated, If he knows, or has heard of any terms or stipulations that were entered into betwixt Colonel Scott and Sir John, or betwixt any of their friends, in their name, or for their behoof, on occasion of the Colonel’s joining his interest to Sir John’s? or i f he knows, or has heard, that Sir John, or any in his name, became bound to relieve the Colonel, or fulfil any obligations, promises, or engagements the Colonel, or any of his friends or agents, might have come under to the voters of Crail, and their friends? depones negative. Depones, That Mr John Lumisdane was an agent for Sir John Anstruther in the Crail elections: That Mr Lumisdane had a letter from Sir John to that purpose, purpose, and the deponent spoke to him when he came over to Fife, And being interrogated, What the contents of the letter were? if it impowered Mr Lumisdane to give money, or if the deponent de- sired him to do so, when he spoke to Mr Lumisdane? depones, That he did not see Sir John’s letter to Mr Lumisdane; and that the deponent did not desire Mr Lumisdane, either to give or pro- mise money. Being interrogate, If he remembers any accounts or details that Mr Lumisdane, or any others, made to Sir John An- struther, the deponent himself, or any others relative to their trans- actions in the borough of Crail? depones, That Mr Lumisdane always told the deponent, that his transactions in the borough of Crail were clear, and not liable to any challenge; what the particu­ lars of these transactions were, the deponent had no access to know. And being further interrogate, depones, That neither he (the de­ ponent) nor any other to his knowledge, made any offers to Mr Moncrief of Sauchop, to join Sir John Anstruther’s interest; nor does the deponent know, that Mr Moncrief proposed any stipulations to any other of the counsellors, to engage them for Sir John Anstru- ther’s interest: That the deponent remembers, that after Colonel Scott had joined his interest to Sir John Anstruther’s, and after the Co­ lonel’s friends had declared for Sir John, that the Colonel, in the de­ ponent’s presence, spoke to Sir John to use his endeavours to get Bailie Steven the office to which he was presented by the commisio n- ers of the customs, at Sir Henry Erskine’s request; to which Sir John said, That he would use his endeavours to do so; and that this happened previous to the Michaelmas election. And the de­ ponent knows, that the office which Colonel Scott mentioned to Sir John for Bailie Steven, was vacant at that time; and that the bailie afterwards got it, as the deponent understood, in conse- quence of Sir John’s solicitation: That the deponent never heard Mr Moncrief mention any thing upon the subject of Bailie Ste­ ven’s office. And being interrogate, If he knows of any money, or any promises given to James Dewar, Alexander Bower, James Mitchell, Bailie John Gillies, John Bower, or William Brown, to join Sir John Anstruther’s interest, or to any person for their be­ hoof? depones, He does not; and depones in the same manner, with respect to Bailie Andrew Jamieson, and Bailie William Clark. Being interrogated, If he knows the extent of the money that was employed by Mr Lumisdane relative the election at Crail? or i f i f he knows what sums were supplied Mr. Lumisdane by the depo- nent himself, or others for that purpose? depones, That he does not know the extent of the money employed by Mr Lumisdane, or if he got money from any other persons: That the deponent sup­ plied Mr Lumisdane and Mr James Hogg, with money at different times, the amount of which, he cannot from memory remember; but fo far as he can think at present, it was above L. 100, and did not exceed L. 140. And being interrogate, If he knows whe­ ther Mr Lumisdane paid the tavern-bills at Crail? depones, He does not know, but the deponent was told before he went to Lon­ don, that most of the tavern-bills were paid, but knows nothing of the particulars. Depones, That he knows there were entertain­ ments at Jamieson’s, Clark’s, and the town-house, but the depo­ nent cannot condescend that the expence incurred in these houses, was paid, as he had no access to be informed of the particulars. Being interrogated, If the witness knows of any meal being sold at Crail below the market-price by Mr James Hogg, to the incor­ porations of that town? depones, That the deponent and his part­ ner Mr Charles Fall, had been in use, in the winter and spring preceding the last elections, to serve the trades of Crail with meal, which was sold to them by James Hogg, for which the depo­ nent and his partner paid James Hogg commisio n for selling i t: That the first time the deponent went to Crail on the subject of the elections, he solicited the council not to engage themselves for any candidate till Sir John Anstruther’s inclinations should be known: That during the meeting of the council, the conveener called the deponent to a side, and asked, if he could supply the trades with more meal? to which the deponent answered, That he did not know if he could, but that if he did, the price would be higher: That some days after this, the conveener applied to the deponent, then at Anstruther-Easter to the same purpose; at which time, the deponent told him that he could not supply the trades, as he had no meal; but Mr Hogg having told the depo­ nent that he had some meal of Mr Lumisdane’s, the conveener bargained with Mr Hogg, but upon what terms, the deponent does not know. Causa scientiae patet, &c. K Follows I N T E R R O G A T O R I E S put into the Hand o f Mr John Lumisdane by the Commissioner, in order to his answering the same. 1. Was you an agent for Sir John Anstruther in the late elec­ tions in Fife, and particularly in Crail? 2. Who gave you powers? 3. Was not Colonel Scott a candidate in Crail, and the other boroughs of the district, before Sir John Anstruther appeared? 4. Do you know that Sir John Anstruther and Colonel Scott joined interests, and when that happened? 5. Do you know of any consideration, or money, or what sum was agreed to be paid by Sir John to Colonel Scott, when the lat­ ter gave up in his favours? 6. Do you know any other of the stipulations or terms that were betwixt them; and if Sir John became bound to fulfil any of the engagements to the voters in the borough of Crail, which the Colonel had come under? 7. Did not Colonel Scott afterwards solicit votes in Crail, in favours of Sir John Anstruther? 8. Do you know by what means James Moncrief of Sauchop was first brought to join Colonel Scott’s interest, and afterwards Sir John Anstruther’s? 9. Did you yourself make Mr Moncrief any others or promises on account of this last-named gentleman? 10. Do you know of any others that did, for his joining the in- terest of Sir John Anstruther? 11. Did Mr Moncrief stipulate any thing for himself, or any of his friends in the council, before or after joining Sir John? 12. Do you know of any post, or other reward promised or g i­ ven to James Dewar, or to any other person for his behoof, to en­ gage him to vote in the interest of Sir John Anstruther? 13. Did you by yourself, or did any other person by your or­ der, promise to Bailie James Steven, a tidewaiter’s post, or any other post or reward, to engage him to vote in the interest of Sir. John Anstruther? or was any such promise made to any other person for his behoof? 15. Do 15. Do you know of any office being procured him, and by whom, in consequence of any promise0made to the said James Steven, or any other person for him, prior to the last Michaelmas election, for his voting in the interest of Sir John Anstruther? 16. Did you by yourself, or did James Hogg, or any other person, tell you he or they had made any promise to Alexander Bower, of any reward, post, good deed, or sum of money to en­ gage his vote and interest for Sir John Anstruther? or do you know if any such promise was made, or money given to any per­ son for his behoof? or have you ever heard so? 17. The same interrogatories respecting James Mitchell. 18. Did you make any general offer or promise to the mother of Peter Coldstream counsellor in Crail, to induce her to engage her son to vote in Sir John Anstruther’s favours? did not you de­ sire her to tell you what she wanted, and she should have it? 19. Do you remember your being in Bailie Jamieson's house, prior to Colonel Scott’s joining Sir John Anstruther, when Colonel Scott had been in private with Mr Gillies? Do you recollect what Colonel Scott said to you about Gillies, and what conversation you yourself had afterwards with Gillies? 20. Did you, or any person by your desire, or to your know­ ledge, give any money, or promise any post or other reward to Bailie John Gillies, his wife, son, or daughter, or to any other person for behoof of either of them, in order to engage the said Bailie John Gillies his vote and interest for Sir John Anstruther? 21. Do you know if any hay was sent by Sir John Anstruther to the said Bailie Gillies, or to any other of the counsellors, and on what account? 22. Do you know of any money, or other reward or good deed given or promised to John Bower by yourself, or any other person, to engage his vote and interest to Sir John Anstruther? or do you know of any such money being given, or reward, or good deed promised to any other person for his behoof, on the above ac­ count? 23. Had you any view to the influencing the elections of the deacons of the corporations in Crail by the meal that was sold them by your factor James Hogg? 24. Did ever James Hogg tell you, that in the seal of the meal he had any such view? 25. Do you know if ever the bargain of meal was made use of as as an argument in soliciting votes by any of Sir John's agents or friends? 26. Would you have allowed that meal to have been sold there at that time, and at that price, had it not been in view of the elections? 27. Did you not find that the sale of this meal had influence with the incorporations and their deacons in your bringing over the conveener to your views? 28. Have you yet received payment of this meal? or, how much have you received o f it? what credit did you give of it?. 29. Did you not send for, or go to Conveneer James Laurie, and acquaint him, That unless he would agree to vote in Sir John’s interest, you would get the trades, or the deacons, to turn him out of his office, at the then ensuing elections? 30. Did not Mr Laurie at first hesitate for some time in decla­ ring himself? but upon finding that you had it in your power to execute what you intended with respect to him, did not he, rather as be grazed, agree to vote as you inclined he should do? 31. Did you, or do you know of any others of Sir John Anstru- ther’s friends or agents that did offer, promise, or engage to Bai­ lie Andrew Jamieson, or to any other person for his behoof, or for behoof of the community of Crail, any sum or sums of mo­ ney, reward, or good deed to engage his vote and interest, or the votes and interest of any other person? 32. Put the same query with respect to Bailie Clark. 33. Did you offer or promise L. 50, or 50 guineas, or any sum to John Anderson or his wife, to engage his vote and interest in the election for Sir John Anstruther?. 34. Did you not afterwards tell the said John Anderson or his wife, or both of them, that now was the time to make them an their family happy; and afterwards said, that the comptrollership was cut out for the said John Anderson, and he should get it if he would serve Sir John? 35. Did you not offer John Stark, one of the counsellors, L. 30 per annum, or some other sum yearly, or otherwise, besides Pro­ viding for his son, if he would vote agreeable to your inclina- tions? Was not this, or some other offer you made Stark, re- peated to his wife, in presence of their daughter Anne? 26. Do you know, or have you heard of any offers that we made by Mr Moncrief of Sauchop, Mr Johnston of Rennyhill, or Mr Mr Lindsay of Wormiston, to any of the counsellors of Crail, and particularly to Thomas Anderson, to engage their or his vote and interest for John Anstruther in the Michaelmas election 1765? 37. Do you know, or have you heard from any person, of any offers or promises of any money being given by Captain Robert Cheyne to Isabel Bell, wife to Peter Hodge, one of the counsellors, to engage her husband’s vote and interest at the election for Sir John Anstruther? 38. Do you know, or have you heard from any person, of any money being offered or promised by Mr or Mrs Hall, to Peter and Henry Hodges counsellors, or to both or either of them, to engage their vote, at the election, for Sir John Anstruther? 39. Did you yourself, or any other person by your order, offer or promise to William Brown, a counsellor, or to his wife, or to both, any sum or sums of money, reward, or good deed, to en­ gage his vote and interest for Sir John Anstruther? 40. Do you know the extent of the money that was expended in Crail, relative to the elections, by you and the other agents and friends of Sir John Anstruther? 41. Did you pay the tavern-bills of entertainment about the Crail election? and to whom did you pay them? and to what ex­ tent? 42. Are any of these bills unpaid? 43. Did you ever report or make known to Sir John or Mr Ro­ bert Fall, or any other person, any of your transactions relative to the Crail elections? 44. Did you, or do you know of any other person, agent, or friend of Sir John Anstruther, that did make any offers or promi­ ses of money, or reward, or good deed, or give any to any of the magistrates or counsellors for behoof of themselves or the community, or to any burgesses or inhabitants of the town of Crail, or any other person or persons for behoof of any of the magistrates or counsellors, or the community, with a view to en­ gage the votes of any of the magistrates and counsellors at the late elections, in the interest of Sir John Anstruther? 45. Have you paid or lent any money to any person or persons, in consequence of any promises or engagements made by you, or any others, previous to the Michaelmas election 1765? or do you know of any others of Sir John’s agents or friends that did? 46. Had you any authority from Sir John Anstruther, or any person in his name, to make good your engagements relative to the Crail elections? or had you unlimited powers? 47. Was 47. Was you ever impowered or desired to make offers or pro- mises of money, reward, posts, or good deeds to procure votes for Sir John Anstruther’s interest in Crail? 48. Do you know of any promises or engagements made by Sir John Anstruther’s agents or friends prior to the Michaelmas elec­ tion, to any of the voters of Crail, or any of their friends for their behoof, or for behoof of the community, that were made void at any after period? In Presence of Alexander Gray, Depute-clerk of Session, acting by Commission from Lord Strichen, CO M PE AR ED John Lumisdane writer in Edinburgh, aged 30 years, married, cited for the complainers.; who being so- lemnly sworn, examined, and interrogate, purged of malice and partial counsel; and the complainers counsel having exhibited a paper of interrogatories, consi stin g of 48 in number, upon which they desired the witness to be examined, and which interrogato­ ries are marked by the deponent and commissioner on the last page, as relative hereto. To the first interrogatory, depones, That about the beginning of September 1765 years, he received a letter from Sir John Anstruther, then at London, intimating to him, his intention of offering his services to the boroughs lately re- presented by Sir Henry Erskine; and from the relation and friendship that had always subsisted between Sir John Anstruther and the deponent, intreating his interest and assistance in these affairs: That the deponent accordingly went over to Fife, and met Mr Fall at Anstruther; and he and the deponent went that very night to attend a meeting or the council at Crail, where Sir John was declared a candidate: And this answers the second interro­ gatory also. And as to the third interrogatory, depones, T hat there were three candidates at the time Sir John Anstruther was declared, and he made the fourth, viz. Colonel Scott, Mr Wedder- burn, Mr Alexander, and Sir John Anstruther. To the fourth in­ terrogatory depones, That Colonel Scott did join his interest in th e town of Crail with Sir John Anstruther: That the deponent is not positive as to the precise time, but thinks it was about 10 or 12 days previous to the election of the magistrates in the town of Crail; and Mr Wedderburn joined his interest with Mr Alexan­ der’s much about the same time. To the fifth interrogatory, de- pones That he never knew or heard of any money or other con- sideration sideration, either paid or agreed to be paid, by Sir John to Colonel Scott, as mentioned in the interrogatory; nor does the deponent believe, that any such was given or prom ised. T o th e s ix th, d e­ pones, That he does not know of any stipulations the Colonel had come under to any of the voters in the borough of Crail, and knows nothing of Sir John’s coming under any obligation to ful­ fil any engagements for Colonel Scott. To the seventh, depones, Nihil novit. To the eighth, depones, That Mr Moncrieff told him that Sir Henry Erskine, a short time before his death, told Mr Moncrief of his very bad state of health, and requested of him not to engage himself immediately in case of the event of his (Sir Henry’s) death: That Mr Moncrieff accordingly kept himself un­ engaged for a month; and after that time elapsed, engaged him­ self in Colonel Scott’s interest; and the deponent knows that Mr Moncrief received a letter from Mr Wemyss of Wemyss, recom­ mending his friend Colonel Scott, which the deponent believes influenced Mr Moncrief in the colonel’s favours, in a great measure. To the ninth, tenth and eleventh interrogatories, depones, Nega­ tive. To the twelfth, depones negative, in so far as concerns Sir John Anstruther; although the deponent was told by James Dewar, of his having had offers made to him by others, which the witness being about to particularise. (Signed) John Lumis- dane and Alexander Gray. It was objected by Mr Armstrong, counsel for the complainers, That his question was plain, and he wanted no other answer, as to what was offered by any other person, except by Sir John An- struther, and his agents or friends; and insisted, that the witness should confine his answers to the question: And the procurator for the complainers, having been desired by the procurator for the respondents, to say specially, Whether he meant to oppose the re- spondents, in putting cross-questions to the witness, in order to explain the facts mentioned by him, in the last part of his answer to the above interrogatory. Answered, That he will oppose no cross-questions that are pro­ per and legal ones; and if the respondents want any questions put by the complainers, fully explained, they are no doubt at liberty: But he apprehends, that no witness has a title to introduce extra­ neous facts, so as to found the respondents in making their de­ mand of interrogating, as to matters which the complainers have asked nothing about; and therefore insists, that Mr Lumisdane shall proceed and answer the interrogatories in the precise way they are put, without running into any extraneous matters. No. Page 1. Mr Patrick Glass Minister o f the Gospel at Crail 4 2. Christian Bowman, spouse to John Murray sailor in Crail 6 • 3. John Murray wright in Crail- ib. 4. Andrew Johnston of Rennyhill, collector of the customs at Anstruther- 8 5. James Laurie conveener of the trades of Crail 11 6. Lucy Cowan alias H a l l, s p o u s e t o G e o r g e H a l l m e r c h a n t i n C r a i l 13 7 Janet Dun, spouse to James Mitchell land-labourer in Crail 14 8. James Hogg merchant in Anstruther-Easter 15 9. James Brown wright in Crail- 17 10. M iss Be t t y Moncrief, eldest daughter to James Moncrief of Sauchop-- 1 18 11. M iss Margaret Moncrief, daughter to the said James Moncrief- ib. 12. Elisabeth Steven, daughter to Bailie James Steven ib. 13.T homas Sheills deacon of the wrights in Crail 19 14. Andrew Black merchant in Anstruther-Easter 20 15. Mr Robert Fall merchant in Dunbar 21 16. Interrogatories for Mr John Lumisdane 25 17. Deposition of Mr Lumisdane- 29 I N D E X to the foregoing e FOOq j