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Mark Coleman Wallace PhD Thesis - University of St Andrews

Mark Coleman Wallace PhD Thesis - University of St Andrews

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<strong>of</strong> all facts and circumstances that may tend to exculpate them or alleviate their<br />

Guilt, and Remits the Pannells with their lybell as found relelvant to the<br />

knowledge <strong>of</strong> an Assize.<br />

John Clerk Advocate procurator for the Pannels Admitts that the<br />

Declarations <strong>of</strong> the Pannels lybelled on were omitted by them voluntarily and<br />

freely, and that they were in their sound mind, and Sober senses at the time.<br />

[Signed] John Clerk<br />

360<br />

The Procurator for the Pannels concluded his Evidence in<br />

Exculpation.<br />

The Advocate Depute Summ’d up the Evidence on the part <strong>of</strong> the<br />

Crown. Wm. Clark Summ’d up the Evidence on the part <strong>of</strong> the Pannels. The<br />

Lord Justice Clerk, charged the Jury:<br />

The Lord Justice Clerk, Ordains the assize instantly to enclose, in this<br />

place, and to return their verdict in the same place to morrow at Eleven O’Clock<br />

forenoon, the whole fifteen assizers then to attend, continues the Diet against the<br />

panels, and the whole other diets <strong>of</strong> Court till the same time. And ordains the<br />

Pannels in the meantime to be committed to Prison.<br />

Intran John Andrew & Robert Ramsay Pannels Indicted and accused et supra<br />

The persons who past on the Assize <strong>of</strong> the panels returned the following<br />

verdict<br />

At Ayr the seventeenth day <strong>of</strong> September one thousand eight hundred<br />

years –<br />

The above assize having inclosed made choice <strong>of</strong> the said William<br />

Cunningham to be their chancellor an the said Alexander Smith to be their clerk<br />

and having considered the Libel raised and pursued at the instance <strong>of</strong> his<br />

Majesty’s Advocate for His Majesty against John Andrew & Robert Ramsay<br />

Pannels the interlocutor <strong>of</strong> relevancy thereon pronounced by the Lord Justice<br />

Clerk the evidence adduced in pro<strong>of</strong> <strong>of</strong> the libel and the evidence in exculpation<br />

they all in one voice find the facts Lybelled not proven. In witness where<strong>of</strong><br />

Their said Chancellor and Clerk have Subscribed these presents in their names<br />

and by their appointment place and date aforesaid [Signed] Wm. Cunningham<br />

Chancellor, Alex. Smith Clerk<br />

The Lord Justice Clerk In respect <strong>of</strong> the foregoing verdict Apologizes the<br />

Pannels and dismisses them from the Bar.

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