His hair uprear’d, his nostrils stretch d with struggling,His hands abroad display’d, as one that grasp’d
And tugg’d for life, and was by strength subdued
Henry VI, Part II
The Sheriff-depute of the county arrived at Ellangowan next morning by daybreak. To this provincial magistrate the law of Scotland assigns judicial powers of considerable extent, and the task of inquiring into all crimes committed within his jurisdiction, the apprehension and commitment of suspected persons, and so forth.8
The gentleman who held the office in the shire of —— at the time of this catastrophe was well born and well educated; and, though somewhat pedantic and professional in his habits, he enjoyed general respect as an active and intelligent magistrate. His first employment was to examine all witnesses whose evidence could throw light upon this mysterious event, and make up the written report, proces verbal, or precognition, as it is technically called, which the practice of Scotland has substituted for a coroner’s inquest. Under the Sheriff’s minute and skilful inquiry, many circumstances appeared which seemed incompatible with the original opinion that Kennedy had accidentally fallen from the cliffs. We shall briefly detail some of these.
The body had been deposited in a neighbouring fisher-hut, but without altering the condition in which it was found. This was the first object of the Sheriff’s examination. Though fearfully crushed and mangled by the fall from such a height, the corpse was found to exhibit a deep cut in the head, which, in the opinion of a skilful surgeon, must have been inflicted by a broadsword or cutlass. The experience of this gentleman discovered other suspicious indications. The face was much blackened, the eyes distorted, and the veins of the neck swelled. A coloured handkerchief, which the unfortunate man had worn round his neck, did not present the usual appearance, but was much loosened, and the knot displaced and dragged extremely tight; the folds were also compressed, as if it had been used as a means of grappling the deceased, and dragging him perhaps to the precipice.
On the other hand, poor Kennedy’s purse was found untouched; and, what seemed yet more extraordinary, the pistols which he usually carried when about to encounter any hazardous adventure were found in his pockets loaded. This appeared particularly strange, for he was known and dreaded by the contraband traders as a man equally fearless and dexterous in the use of his weapons, of which he had given many signal proofs. The Sheriff inquired whether Kennedy was not in the practice of carrying any other arms? Most of Mr. Bertram’s servants recollected that he generally had a couteau de chasse, or short hanger, but none such was found upon the dead body; nor could those who had seen him on the morning of the fatal day take it upon them to assert whether he then carried that weapon or not.
The corpse afforded no other indicia respecting the fate of Kennedy; for, though the clothes were much displaced and the limbs dreadfully fractured, the one seemed the probable, the other the certain, consequences of such a fall. The hands of the deceased were clenched fast, and full of turf and earth; but this also seemed equivocal.
The magistrate then proceeded to the place where the corpse was first discovered, and made those who had found it give, upon the spot, a particular and detailed account of the manner in which it was lying. A large fragment of the rock appeared to have accompanied, or followed, the fall of the victim from the cliff above. It was of so solid and compact a substance that it had fallen without any great diminution by splintering; so that the Sheriff was enabled, first, to estimate the weight by measurement, and then to calculate, from the appearance of the fragment, what portion of it had been bedded into the cliff from which it had descended. This was easily detected by the raw appearance of the stone where it had not been exposed to the atmosphere. They then ascended the cliff, and surveyed the place from whence the stony fragment had fallen. It seemed plain, from the appearance of the bed, that the mere weight of one man standing upon the projecting part of the fragment, supposing it in its original situation, could not have destroyed its balance and precipitated it, with himself, from the cliff. At the same time, it appeared to have lain so loose that the use of a lever, or the combined strength of three or four men, might easily have hurled it from its position. The short turf about the brink of the precipice was much trampled, as if stamped by the heels of men in a mortal struggle, or in the act of some violent exertion. Traces of the same kind, less visibly marked, guided the sagacious investigator to the verge of the copsewood, which in that place crept high up the bank towards the top of the precipice.
With patience and perseverance they traced these marks into the thickest part of the copse, a route which no person would have voluntarily adopted, unless for the purpose of concealment. Here they found plain vestiges of violence and struggling, from space to space. Small boughs were torn down, as if grasped by some resisting wretch who was dragged forcibly along; the ground, where in the least degree soft or marshy, showed the print of many feet; there were vestiges also which might be those of human blood. At any rate it was certain that several persons must have forced their passage among the oaks, hazels, and underwood with which they were mingled; and in some places appeared traces as if a sack full of grain, a dead body, or something of that heavy and solid description, had been dragged along the ground. In one part of the thicket there was a small swamp, the clay of which was whitish, being probably mixed with marl. The back of Kennedy’s coat appeared besmeared with stains of the same colour.
At length, about a quarter of a mile from the brink of the fatal precipice, the traces conducted them to a small open space of ground, very much trampled, and plainly stained with blood, although withered leaves had been strewed upon the spot, and other means hastily taken to efface the marks, which seemed obviously to have been derived from a desperate affray. On one side of this patch of open ground was found the sufferer’s naked hanger, which seemed to have been thrown into the thicket; on the other, the belt and sheath, which appeared to have been hidden with more leisurely care and precaution.
The magistrate caused the footprints which marked this spot to be carefully measured and examined. Some corresponded to the foot of the unhappy victim; some were larger, some less; indicating that at least four or five men had been busy around him. Above all, here, and here only, were observed the vestiges of a child’s foot; and as it could be seen nowhere else, and the hard horse-track which traversed the wood of Warroch was contiguous to the spot, it was natural to think that the boy might have escaped in that direction during the confusion. But, as he was never heard of, the Sheriff, who made a careful entry of all these memoranda, did not suppress his opinion, that the deceased had met with foul play, and that the murderers, whoever they were, had possessed themselves of the person of the child Harry Bertram.
Every exertion was now made to discover the criminals. Suspicion hesitated between the smugglers and the gipsies. The fate of Dirk Hatteraick’s vessel was certain. Two men from the opposite side of Warroch Bay (so the inlet on the southern side of the Point of Warroch is called) had seen, though at a great distance, the lugger drive eastward, after doubling the headland, and, as they judged from her manoeuvres, in a disabled state. Shortly after, they perceived that she grounded, smoked, and finally took fire. She was, as one of them expressed himself, ‘in a light low’ (bright flame) when they observed a king’s ship, with her colours up, heave in sight from behind the cape. The guns of the burning vessel discharged themselves as the fire reached them; and they saw her at length blow up with a great explosion. The sloop of war kept aloof for her own safety; and, after hovering till the other exploded, stood away southward under a press of sail. The Sheriff anxiously interrogated these men whether any boats had left the vessel. They could not say, they had seen none; but they might have put off in such a direction as placed the burning vessel, and the thick smoke which floated landward from it, between their course and the witnesses’ observation.
That the ship destroyed was Dirk Hatteraick’s no one doubted. His lugger was well known on the coast, and had been expected just at this time. A letter from the commander of the king’s sloop, to whom the Sheriff made application, put
