Graeme Burnet - His Bloody Project

‘It was not up to me whether I complied with the notice,’ he said.

‘Who was it up to?’

‘The powers-that-be.’

‘Did you discuss this state of affairs with your son?’

‘I did not.’

‘Did you ever express the view that you would be better off if Mr Mackenzie was dead?’

‘No.’

‘Did your son ever express the view that you would be better off if Mr Mackenzie was dead?’

‘No.’

‘Did you put it to your son that he should kill Mr Mackenzie?’

‘No.’

‘Are you sorry that Mr Mackenzie is dead?’

‘It is no concern of mine.’

At the end of this exchange, there was a collective exhalation of breath in the court-room. Mr Macrae was released from the witness box for a second time and, it was reported, refused the room at an inn which was offered to him, preferring to spend the night at the railway station, waiting for the train by which he would begin his journey home.

Allan Cruikshank was then recalled. Mr Gifford asked him to remind the jury of his employment, before resuming his examination of the witness.

‘We have heard,’ he began, ‘that you met the deceased, Lachlan Mackenzie, at the Applecross inn on the 31st of July and that in the course of your conversation you mentioned the visit paid to you by John Macrae and his son, the prisoner here.’

‘That is correct.’

‘Did you see the deceased on any other occasion after this time?’

‘I did.’

‘What were the circumstances?’

‘Mr Mackenzie visited me at my home on the evening of the 7th of August.’

‘Three days before his death?’

‘Yes.’

‘And what was the reason for his visit?’

‘He petitioned me to order the eviction of John Macrae from his croft.’

‘On what grounds?’

‘There were a number of issues.’

‘These being?’

‘The Macrae family were greatly in arrears with their rent. They were further indebted to the estate on account of a number of fines raised against them —’

‘These fines having been raised by Mr Mackenzie?’

‘Yes.’

‘Can you recall the reason for raising these fines?’

‘I cannot. I believe they were large in number.’

‘Were there other factors?’

‘Mr Macrae had been negligent in his duty to properly maintain his dwelling and land. It was further felt that the Macraes’ continued presence was not conducive to the happy management of the village.’

‘In what way?’

Mr Cruikshank was unable to answer this question. After some moments he mumbled, ‘They were felt to be a bad influence.’

‘Did you take any steps to verify this?’

‘I did not.’

‘Why not?’

‘I had every confidence in Mr Mackenzie’s judgement.’

‘Is it not the case that a large number of tenants on the estate are in arrears in their rents?’

‘Regrettably, yes.’

‘So why was Mr Macrae singled out in this way?’

‘His debts were of such an amount that they had become unmanageable. There was no prospect of him meeting them.’

‘The court has heard that in the previous year the extent of Mr Macrae’s croft had been reduced. Might it have been the case that had he had more land, he might have been able to sell any excess crops in order to meet his debts?’

Mr Cruikshank replied, ‘I was not aware of any such reduction, but,’ he added, ‘you would have to sell a great deal of potatoes, or whatever these people grow, to tackle such arrears.’

‘You were not aware of the reduction in the size of Mr Macrae’s croft?’

‘No, sir.’

‘So it was carried out without your consent?’

‘Well, without my knowledge. I have no doubt Mr Mackenzie acted with the best motives.’

‘Would you have expected to be consulted on such a matter?’

‘As I say, I’m sure Mr Mackenzie acted out of the best motives.’

‘That is not what I asked. I asked if you would expect to be consulted on such a matter.’

‘I would expect to be consulted if it was to be a matter of a general re-allocation of land in the villages, but if this was a case of a small portion of a single croft, I’m sure it could be agreed between the villagers themselves. They are not children.’

‘Did Mr Mackenzie report an incident to you in which Mr Macrae had taken sea-ware from the shore without the proper authorisation?’

Mr Cruikshank laughed at the suggestion and replied that he had not.

‘Were you aware that Mr Macrae was also indebted personally to Mr Mackenzie on account of compensation for the sheep killed by the prisoner?’

‘I was not.’

‘Had you been aware of these things,’ suggested Mr Gifford, ‘might you have suspected that there was an element of malice in Mr Mackenzie’s proposal to have Mr Macrae evicted?’

Mr Cruikshank weighed his answer for some moments before replying, ‘I can only say that to my knowledge Mr Mackenzie carried out his duties as constable admirably. I had no reason to question his motives, and the evidence he presented supported his proposal.’

‘So you agreed with Mr Mackenzie’s assessment that he should be evicted?’

‘I could not see any other course of action.’

‘And you drew up the necessary papers?’

‘Yes.’

‘Immediately?’

‘Out of respect to the Sabbath the letter was drawn up and delivered on the following Monday.’

‘This being Monday the 9th of August, the day before Mr Mackenzie’s death?’

‘That is correct.’

Mr Gifford thanked the factor for his evidence and, as Mr Sinclair had no questions, he was excused.

The Reverend James Galbraith was then called. He was, Mr Murdoch reported, ‘every inch the staunch man of God that inhabits the remoter parts of our country and presides over his flock with unbending will. He was attired in the plain garb of his ilk, and it was manifest from his dour visage that he was untroubled by worldly pleasure. He looked upon Mr Gifford with the disdain he might reserve for a metropolitan dandy, and even the renowned advocate appeared to tremble a little beneath his gaze.’

Mr Gifford: ‘You are minister to the parish of Applecross?’

Mr Galbraith, with the ‘air of a teacher correcting a backward pupil’, replied, ‘My parish encompasses the villages of Camusterrach, Culduie and Aird-Dubh.’

‘And, as such, John Macrae and his family were among your parishioners?’

‘Yes.’

‘Indeed, John Macrae was an elder in your church?’

‘He was.’

‘Now, is it correct that Mr Macrae sent for you on the evening of the 9th of August?’

‘He did. He sent his daughter to ask if I would call on him that evening.’

‘And you did so?’

‘I did.’

‘And what was the reason for his request?’

‘He had received a notice of eviction from the factor.’

‘And how did you find Mr Macrae that evening?’

‘He was distressed.’

‘Did he ask for your help?’

‘He asked if I would intervene on his behalf.’

‘And did you agree to do so?’

‘I did not.’

Mr Gifford affected an expression of surprise at this response. ‘Could you tell the court why you did not do so?’

Mr Galbraith fixed the advocate with a withering stare. ‘It was not a matter with which I could involve myself.’

‘Surely the wellbeing of your parishioners is your concern?’

‘My concern is with my parishioners’ spiritual wellbeing. It is not for me to meddle in the management of the estate.’

‘I see. Did you offer any guidance at all to Mr Macrae?’

‘I reminded him that the tribulations of this life come to us in just payment for our sins and that he must accept them as such.’