I WAS fascinated by your front-page picture and page four story of a suspected but unconvicted alleged assassin of the 18th century, the notorious Allan Breck Stewart ("Book hero at centre of historic murder mystery", The Herald, September 4).
While I accept that it is possible that the conviction of James Stewart of the Glen for the murder of the highly unpopular Colin Campbell of Glenure aka the Red Fox might have been a miscarriage of justice, such things have not been unknown in recent British judicial history. The Birmingham Six leap immediately to mind, as do Paddy Meehan and the Christie case. The fact is that juries do make mistakes.
The trial of James Stewart was conducted by the High Court of Justiciary on Circuit in its competent circuit location of Inverary and the jury randomly selected from the local populace, which comprised a substantial number of Campbells, as would be the case even today. The case was tried before the Lord Justice General himself who, as it happened before the abolition of heritable jurisdictions came into full effect, was the Duke of Argyll. The prosecutor was none other than the Lord Advocate, indicating the seriousness with which the matter was regarded by the authorities, as would be the case today if a senior government official were assassinated while engaged on official business. The Lord Advocate at the time was indeed a Campbell, which merely reflects the importance and respect in which Clan Campbell held the law.
It is apparent from the proceedings that if James Stewart did not actually fire the fatal shot he most certainly was guilty art and part. To paraphrase Robert Louis Stevenson, nae doobt he wis a worthy chiel but nane the waur o' a guid hingin.
Who can say that in similar circumstances the same result would not be achieved today? There is little doubt that the influence and pressures from the pro-Hanoverian government had their effect on the case. Would that be any different today, with the new Supreme Court in London picking over decisions in Scottish criminal law? And what of the case of the man convicted of the Lockerbie bombing, Abdelbaset Ali Mohmed al Megrahi? What external influences were there then on the senior judges who presided? What forensically skilled images are there of the other suspects?
One further point is that your article refers to the Campbells as Hanoverians: they were and are not. The important leaders of Clan Campbell were opposed to the absolutist monarchy of the royal Stewarts and therefore tended to support the established oppositions. This Campbell has time for neither the Hanoverian nor Jacobite cause. But he is quite clear that the Appin murder and its tragic aftermath were the direct consequences of the persecution of the clans following the Forty-five and the contempt that a London government had for our indigent people.
K M Campbell,
Bank House, Doune.
WHETHER or not one would agree with the Rt Rev Lorna Hood, Moderator of the General Assembly of the Church of Scotland, that John Knox would not have approved of women holding prominent positions in the Kirk ("Knox would not approve of me says Moderator", The Herald, September 4), there were some other statements in your report which require correction.
John Knox was not a founding father of the Church of Scotland which was reformed, not created, in the 16th century. For guidance, refer to the 1921 Church of Scotland Act and the associated Articles Declaratory). Further, to imply that he was predominant in the Scottish Reformation overlooks the input of all the other Reformist heroes (and martyrs) including, for example, the other five Johns, who, with Knox, contributed to the Scots Confession of 1560 and the (First) Book of Discipline of 1560-1561.
Presbyterianism, with general assemblies, synods and kirk sessions, was an early feature of the Reformed Church of Scotland, with the new feature - as initiated by Andrew Melville and others in the (Second) Book of Discipline and adopted by the General Assemblies of 1578 and 1581 - being presbyteries.
John Knox was also well acquainted with privy kirks - the precursors of Kirk Sessions - which included women. And many of his correspondents were women, including his first mother-in-law.
Finally, although the women of the reunited Church of Scotland had to wait until 1966-1970 to be admitted as ministers, elders and readers, women could always act as patrons and had a say in the settlement of ministers in the secessionist churches, in the original Free Church and, from 1844, in the Church of Scotland.
Dr Alexander S Waugh,
1 Pantoch Gardens, Banchory.
Why are you making commenting on The Herald only available to subscribers?
It should have been a safe space for informed debate, somewhere for readers to discuss issues around the biggest stories of the day, but all too often the below the line comments on most websites have become bogged down by off-topic discussions and abuse.
heraldscotland.com is tackling this problem by allowing only subscribers to comment.
We are doing this to improve the experience for our loyal readers and we believe it will reduce the ability of trolls and troublemakers, who occasionally find their way onto our site, to abuse our journalists and readers. We also hope it will help the comments section fulfil its promise as a part of Scotland's conversation with itself.
We are lucky at The Herald. We are read by an informed, educated readership who can add their knowledge and insights to our stories.
That is invaluable.
We are making the subscriber-only change to support our valued readers, who tell us they don't want the site cluttered up with irrelevant comments, untruths and abuse.
In the past, the journalist’s job was to collect and distribute information to the audience. Technology means that readers can shape a discussion. We look forward to hearing from you on heraldscotland.com
Comments & Moderation
Readers’ comments: You are personally liable for the content of any comments you upload to this website, so please act responsibly. We do not pre-moderate or monitor readers’ comments appearing on our websites, but we do post-moderate in response to complaints we receive or otherwise when a potential problem comes to our attention. You can make a complaint by using the ‘report this post’ link . We may then apply our discretion under the user terms to amend or delete comments.
Post moderation is undertaken full-time 9am-6pm on weekdays, and on a part-time basis outwith those hours.
Read the rules hereComments are closed on this article