The Narrative of Gordon Sellar Who Emigrated to Canada in 1825 | Page 8

its head sat two well-dressed gentlemen, and at each side men with papers before them. 'May it please your lordship and Bailie McSweem, the prisoner being present we will now proceed.' He went on to explain that the prisoner was a member of one of those political associations that were plotting to subvert the government of the country, even thinking they could organize a revolution and drive his majesty from the throne. He need not dwell on the danger State and Church were in from the plottings of those desperate men, and the need of all upholders of the Crown and Constitution suppressing them with a firm hand.
The gentleman who was addressed as his lordship nodded in approval, and said, 'There is no need, Mr Sheriff, of referring to those unhappy matters as we are fully cognizant of them. What about the prisoner?'
'He is a member of the Greenock union, proceedings were about to be taken for his arrest on a charge of sedition, when somehow he got wind of what was about to take place and, knowing he was guilty, attempted to flee the country. I can produce, if you say so, witnesses to prove that he skulked into Troon by back streets and secured passage to Canada on the Heatherbell, which sails in a few hours. I have one witness now present.'
His lordship remarked the Sheriff deserved credit for his vigilance and the promptitude with which he acted. 'I suppose,' he added, 'we have nothing more to do than order his being sent to Greenock for examination and trial?'
'That is all we need do.' answered the Sheriff. Just then a loud voice was heard in the hall demanding admission, a sound as if the door-keeper was pulled aside, and a sharp-featured man came in. 'What business have you to enter here?' demanded the Sheriff.
'I will soon show you. What are you doing with that man?' pointing to the prisoner.
'Leave at once, or I will order you to be ejected.'
The man, who was quite composed, said to the prisoner, 'Mr Kerr, do you authorize me to act as your attorney?'
'Yes,' he answered. 'Very well, then, I am here by right. Now, Mr Sheriff, hand me over the papers in the case.'
The Sheriff, who was red in the face, 'I shall not, you have no right here; you're not a lawyer.'
Addressing the magistrates the man said he was a merchant, a burgess of the city of Glasgow, had been chosen by the accused as his attorney and was acting within his rights in demanding to see the papers. The magistrates consulted in a whisper and his lordship remarked there could be no objection. The Sheriff, however, continued to clutch them. 'You ask him,' was the order of the stranger to Kerr, 'he dare not refuse you.' Reluctantly the Sheriff handed them to the stranger, who quickly glanced over them. 'Is this all?' he demanded. 'Yes, that is all,' snapped the Sheriff.
'Where is the warrant for Kerr's arrest?'
'None of your business where it is.'
Speaking to the bench, the stranger said there was neither information nor warrant among the papers he held in his hand. The only authority they had for holding Kerr was a letter from a clerk at Greenock, stating one Robert Kerr, accused of sedition, had fled before the papers could be made out for his arrest, and that, if he was found trying to take ship at Troon, to hold him. 'I warn you,' said the stranger, shaking his fist, 'that you have made yourselves liable to heavy penalties in arresting Robert Kerr on the strength of a mere letter. There is no deposition whatever, no warrant, and yet a peaceable man, going about in his lawful business, has been seized by your thief-takers and made prisoner. If you do not release him at once I go forthwith to Edinburgh and you will know what will happen you by Monday.' He went on with much more I do not recall, but it was all threats and warnings of what would befall all concerned if Kerr was not released. The Sheriff at last got in a word. 'The charge is sedition and ordinary processes of procedure do not apply.'
'You might have said that 30 years ago when you infernal Tories sent Thomas Muir of Huntershill to his death, and William Skirving and others to banishment for seeking reform in representation and upholding the right of petition, but you are not able now to make the law to suit your ends. You are holding this man without shadow of law or justice, and I demand his being set at liberty.'
'Quite an authority in law!' sneered the Sheriff.
'Yes, I have been three times before the court of session and won each time. I knew your father, who was a decent shoemaker