DUNCAN KEIR, in Glenmuick, aged twenty and upwards, unmarried, solemnly sworn, purged and interrogate, Depones, That the day that the Braemaar men were going to the Michaelmas fair in Strathaven, which was the day before the said fair held, he saw Duncan Clerk, the panel, at Gleney, where the deponent then lived, before he and the other shearers there had got their dinner, and that they dined sometimes later and sometimes more early, and cannot tell at what time they dined that day, but the sun was a good while high when he saw him: That he had on a plaid, which he thinks was grey: That Gleney is a mile farther up the water than Inverey towards the hill; and the next day, after he saw the said Duncan Clerk as above, he heard that Serjeant Davies was amissing. _Causa scientiæ patet._ And this is the truth, as he shall answer to God. And depones he cannot write.
ELIZABETH MACDONALD, in Tulloch of Invercauld, aged twenty-eight years, unmarried, solemnly sworn, purged and interrogate by the sworn interpreter aforesaid, Depones, That the day before she heard Serjeant Davies was amissing, she saw Duncan Clerk, the panel, at the shearers of Gleney, but did not observe from whence he came: That she does not remember that he had either a gun or a plaid, but thinks that he had a short blue coat upon him, and that Gleney is a mile farther up the water towards the hill than Inverey: That when she saw the said panel it was before dinner, which they took early that day, being betwixt twelve and one; and that Duncan Keir, the preceding witness, was one of the said shearers; and that Gleney is about a mile from Glenconie. _Causa scientiæ patet._ And this is the truth, as she shall answer to God. This deposition signed by the said sworn interpreter.
The Lords Commissioners of Justiciary fine and amerciate Ronald Macdonald, brother to James Macdonald in Allanquoich, and Alexander Macintosh _alias_ Reoch, now servant to Thomas Gordon of Fetterletter, in Strathaven, and each of them, in the sum of one hundred merks Scots money, for their not appearing this day and place, to bear leal and soothfast witnessing, in so far as they knew, or should be asked at them, anent the said panels, Duncan Terig _alias_ Clerk, and Alexander Bain Macdonald, their guiltiness of the crime of murder mentioned in the said indictment, raised at the instance of his Majesty's advocate against them thereanent, as they, who were lawfully cited for that effect, thrice called, and not compearing.