§ MR. MACFARLANEasked the Lord Advocate, If his attention has been called 499 to a case tried in the Sheriff's Court of Portree, viz. Martin Martin, crofter, against Alexander Macleod, tacksman, of Sunderbugh, and his herd Lachlan Macleod, in which the herd, L. Macleod, was sentenced to a week's imprisonment, with hard labour, for prevarication while under examination, and Mr. Alexander Macleod, tacksman, to only a severe reprimand for a deliberate falsehood; and, if the facts were as stated, if he can explain the difference of treatment in the two cases, and, if this Alexander Macleod is the same person as the A. Macleod who sent a statement to the Crofter's Commission contradicting the evidence given by the Crofter's delegates from the Kelmuir estate?
THE LORD ADVOCATE (Mr. J. B. BALFOUR)I have inquired into the case, and find that the facts are as follow:—Lachlan Macleod was sentenced to a week's imprisonment for prevarication when upon oath as a witness. Alexander Macleod was reprimanded by the Sheriff for having made an untrue statement when he was not upon oath. He was sent from the Court for his servant, Lachlan Macleod, who was known to be in Portree at the time. On his return, he stated that he could not find him. He afterwards confessed, when upon oath as a witness, that he had seen and spoken to Lachlan Macleod, and, consequently, that his previous statement was false. Upon this, the Sheriff reprimanded him severely; and I apprehend that it would not have been competent to punish him for prevarication, inasmuch as the false statement had not been made upon oath, or in the course of his evidence as a witness. Alexander Macleod is the same person who, along with James Urquhart, made the statement which is to be found at page 10 of the Appendix to the Commissioners' Report.