§ MR. A. SUTHERLAND (Sutherland)asked the Lord Advocate, Whether it is the fact that Hugh Matheson, cottar, Clashmore, Assynt, in the County of Sutherland, who was alleged to have been concerned in the deforcement of a Sheriff officer while serving writs for arrears of rent on 22nd April last, walked to Dornoch, a distance of 70 miles, to be tried at the Sheriff Court there, and at once reported himself to the authorities, expecting to be tried at the next diet of the Court; whether it is the fact that he was not so tried, though the only witness for the prosecution was easily available; whether, in consequence, Matheson had to walk back again the 70 miles; who is responsible for this unnecessary trouble and hardship to the accused; and, whether, seeing that the authorities did not bring Matheson to trial after he had come 70 miles to surrender himself, it is intended to depart from the charge against him?
§ THE LORD ADVOCATE (Mr. J. H. A. MACDONALD) (Edinburgh and St. Andrew's Universities)Hugh Matheson, along with several others, was cited on the Sheriff of the county's warrant to 53 answer to a charge of having been active in a mob that deforced an officer of the law, and burned a large number of writs which he had brought with him for service. The citation ordered the accused to appear on May 31. Hugh Matheson, who, I am informed, was specially active in the deforcement, did not appear to answer the citation against him. Had he done so, his case would have been at once disposed of. Another of the accused persons appeared, and was duly tried on that day. A new citation was issued to those who had failed to obey the previous citation; but they again failed to obey, they being thus in contumacy. Instructions were given that if any of them were brought before the Sheriff they should be examined, and the case reported to the Crown Office, that I might judge whether to order their trial by jury or not. Hugh Matheson delivered himself up on August 2, and was, accordingly, examined and committed for trial, but liberated on bail. Any trouble or hardship to which he has been subjected are the result of his disobeying the Sheriff's repeated citations. It is not intended to depart from the charge against him; and he and the others who refused to answer to the citation of Her Majesty's Court will be brought to justice. There is still one man who has not surrendered, and he will also be brought up for examination; and when the proceedings in these examinations are reported to mo, I shall consider whether these men, who have so long refused to submit themselves to the law, can be tried summarily, or whether it will be necessary to have them tried by a jury. I must decline to say what the action of the Government is, to prevent this continued defiance of legal process, as to do so might defeat the ends of justice.