In Newby was a tenant, William Gibson, whose losses had been particularly severe, and, not unnaturally, Gibson was in a very irritable frame of mind; so upset, indeed, was he that, before the faces of the men, he blurted out on one occasion the statement that in his opinion these continued losses were due chiefly to carelessness or ignorance of their work, if not to something even worse, on the part of the shepherds. Now, to throw doubt on their knowledge or skill was bad enough, but any insinuation as to their honesty was like rubbing salt on open wounds. It touched them on the raw, even though no direct accusation had been made, for a finer, more capable, careful, and honest class of men than the Border shepherd has never existed anywhere. Deep, therefore, was their anger, wrathful the mutterings that accompanied them in their long tramps over the windy hills; it would have gone ill with any one detected in possession of so much as a lamb's tail to which he might fail to establish his legal right.

Eyes sharpened by resentment were continually on the watch, yet the losses continued, now less, now more, but always a steady percentage, and it seemed beyond mortal power to guess how and when these losses occurred. But at last it chanced one day that Gibson, for some purpose, had mustered his ewes and lambs, and as the men went about their work, one of the older shepherds, Hyslop by name, halted abruptly as a lamb ran up to a certain ewe, and suckled.

"Dod!" cried Hyslop, "thon's auld Maggie an' her lamb!"

Now "Maggie" was a black-faced ewe, so peculiarly speckled about the face that no one, least of all a Border shepherd, could possibly make any mistake as to her identity. She had been missing for some days, and was given up as lost for good and all. Yet here she was suckling her lamb as if she had never been away.

Something prompted Hyslop to catch the ewe. Then he whistled long and low, and swore beneath his breath.

"Hey!" he cried to Gibson. "What d'ye think o' that?"

"God! It canna be," muttered Gibson.

And:

"Aye! That's gey queer like!" chorused the other shepherds.

What had caught the quick eye of old Hyslop was a fresh brand, or "buist," on the ewe's nose; the letter "O" was newly burned there, nearly obliterating an old letter "T." The latter was Mr. Gibson's fire-brand; "O" that of his not distant neighbour, Murdison, tenant in Ormiston. Gibson and Murdison were on friendly terms, and both were highly respectable and respected farmers. Necessarily, this discovery anent the brands was most disturbing, and could not fail to be difficult of satisfactory explanation. Gibson did not wish to act hastily, but all his private investigations pointed only to the one conclusion, and there was no room for doubt that the ewe had been seen by shepherds on other farms making her way across the lofty hills that lie between Newby and Wormiston, as the latter place was locally called. Still, he hesitated to act in so ugly looking an affair, and it was only after long and painful consultation with a neighbour, himself of late a heavy loser, that Gibson went to Peebles in order to get the authority necessary to enable him to inspect the flocks on Ormiston.

With heavy heart, Gibson, accompanied by Telfer, a well-known Peebles officer of the law, trudged out to Ormiston. As they neared the farm-house a shepherd, leaning against an outbuilding, turned with a start at sight of them, slipped suddenly round a corner of the outhouse, and presently was seen, bent nearly double, in hot haste running for a field of standing corn.

"Aye! yon's John Millar awa'. I'm feared things looks bad," muttered Gibson to his companion as they approached the door of the farm-house. "You keep ahint in the onstead, John Telfer, and I'll get Murdison to come oot. We'll never can tell him afore his wife."

"Wulliam Gibson! Hoo are ye? Man, this is a sicht for sair een," cried Murdison heartily to his visitor. "Come awa' in ben, and hae a glass."

A greeting so friendly brought a lump into Gibson's throat that he found it hard to swallow.

"Na, I canna come in," he answered in a low voice; "John Telfer's ahint the onstead, wantin' to speak to ye."

"John Telfer! what can he want wi' me?" cried Murdison, going grey in the face. "Oh, aye! In one minute," he said, hastily stepping back into the kitchen and whispering a few words to his wife. Gibson did not hear the words, but his heart sank like lead as he noticed Mrs. Murdison fling herself into a chair, bury her face in her hands, and wail, "Oh God! my heart will break."

"Alexander Murdison, I hae a warrant here, and I maun hae a bit look at a wheen o' your sheep," said the officer of the law when Murdison came with Gibson into the Steading.

Quite enough was soon seen to make it necessary for Murdison and Millar, his shepherd, to be taken to Peebles, where bail was refused. The case came on a few months later, in Edinburgh, before Lord Braxfield, and it created intense interest, not only throughout the Border but amongst the entire legal faculty. It was proved that thirty-three score of sheep were found on Ormiston bearing Murdison's buist branded over, and, as far as possible, obliterating, the known buists of other farms. None of these sheep had been sold to the prisoners. Many of the animals were known, and were sworn to, by the shepherds on sundry farms, in spite of brands and ear-marks having been altered with some skill. It was proved also that Murdison had sold to farmers at a distance many scores of sheep on which the brands and ear-marks had been "faked." Evidence in the case closed at 5 P.M. on a Saturday, the second day of the trial; speeches of the counsel and the judge's summing up occupied until 11 P.M. of that day; and the jury sat till 5 o'clock on Sunday morning, when they brought in a verdict, by a majority, against Murdison, and an unanimous verdict against Millar, his shepherd. Both prisoners were sentenced to death, and though an appeal was made on various grounds, the sentences were eventually carried out.

Whilst he lay in prison under sentence Millar confessed the whole affair to a friend, and the story, as told by the shepherd, possessed some very curious features. He and his master, Murdison, had jointly conceived a scheme by means of which it seemed possible to defraud their neighbours almost with impunity. And, indeed, but for some mischance against which no one could guard, such as happened here when the ewe made back to her old home and her lamb, they might have gone undetected and unsuspected for an indefinite time. The shepherd owned an extraordinarily clever dog, without whose help the scheme could not possibly have been worked, and operations were carried out in the following manner.

Murdison knew very well what sheep his neighbours possessed, and where on the hills they were likely to be running. Millar, with his dog "Yarrow," was sent by night to collect the sheep which master and man had determined to steal, and to one so familiar with the hills this was no difficult task. The chief danger was that in the short nights of a Scottish summer he might be seen going or returning. Therefore, when daylight began to appear, if the sheep had already been got well on their way towards Ormiston, Millar would leave "Yarrow" to finish the drive single-handed, a task which the dog always carried out most successfully if it could be done reasonably early, before people began to move abroad out of their houses. But as soon as the dog caught sight of strangers he would at once leave the sheep and run home by a circuitous route. One such instance Millar particularly mentioned.

He had collected a lot of old ewes one night, but had utterly failed, even with "Yarrow's" help, to get them down a steep hill and across Tweed in the dark. Accordingly, as usual when day broke, he left the ewes in charge of the dog, and by low-lying ways, where he would be little likely to attract attention, he betook himself home. From a spot at some distance Millar looked back and for a time watched "Yarrow," in dead silence, but with marvellous energy, trying to bustle the ewes into the river. Time and again he would get them to the edge of the pool and attempt to "rush" them in; time and again he failed, and the ewes broke back—for of all created creatures no breathing thing is so obstinate as an old ewe. Finally, the dog succeeded in forcing two into the water, but no power on earth could drive the others farther than the brink, and the only result was that by their presence they effectually prevented those already in the water from leaving it, and in the end the two were drowned. At last "Yarrow" seemed to realise that he was beaten, and that to persevere farther would be dangerous, and he left the ewes and started for home. The sheep were seen later that day making their way home, all raddled with new keel with which Millar had marked them in a small "stell" which he had passed when the ewes were first collected.

"Faking" the brands, Millar confessed, used to be done by him and his master on a Sunday, in the vault of a neighbouring old peel tower, and at a time when everyone else was at church. It was easy enough, without exciting suspicion, to run the sheep into the yards on a Saturday night, and thence to the vaults, and no one would ever see the work of altering the buists going on, for "Yarrow" sat outside, and always, by barking, gave timely notice of the approach of any undesirable person.

The report was current in the country after the executions that the dog was hanged at the same time as his master, a rumour probably originated by the hawking about Edinburgh streets of a broadside, entitled the "Last Dying Speech and Confession of the Dog Yarrow." In reality "Yarrow" was sold to a farmer in the neighbourhood of Peebles, but, strange to say, though as a thief he had been so supernaturally clever, as a dog employed in honest pursuits his intelligence was much below the average. Perhaps he was clever enough to be wilfully stupid; or maybe he had become so used to following crooked paths that the straight road seemed to him a place full of suspicion and dread.

In his Shepherd's Calendar Hogg tells several tales of dogs owned by sheep-stealers, to which he says he cannot attach credit "without believing the animals to have been devils incarnate, come to the earth for the destruction of both the souls and bodies of men." And certainly there was something uncanny, something almost devilish and malevolent, in the persistency with which they lured their masters on to crime. One young shepherd, for instance, after long strivings succumbed to the temptation to steal sheep from a far-distant farm, where at one time he had been employed. Mounted on a pony, and accompanied by a dog, the young man arrived at the far-off hill one moon-lit night, mustered the sheep he meant to steal, and started to drive them towards Edinburgh. Then, before even he had got them off the farm, conscience awoke—or was it fear of the consequences?—and he called off his dog, letting the sheep return to the hill. Congratulating himself on being well out of an ugly business, he had ridden on his homeward way a matter of three miles when again and again there came over him an eerie feeling that he was being followed, though when he looked back nothing was to be seen but dim moor and hill sleeping in the moonlight. Yet again and again it returned, that strange feeling, and with it now something like the whispering of innumerable little feet brushing through bent and heather. Then came a distant rushing sound and the panting as of an animal sore spent, and hard on the shepherd's tracks there appeared over a knoll an overdriven mob of sheep flying before the silent, demoniacal, tireless energy of his own dog. He had never noticed that the animal had left him, but now, having once more turned the sheep towards their home, and severely chid his dog, he resolved that it should not again have the chance to play him such a trick. For a mile all went well, then suddenly the beast was gone. Dawn was breaking; he dared not stop where he was, nor dared to return to meet the dog. All that he could do was to take a route he was certain his dog did not know, and so would be sure not to follow, and thus he might abandon the animal to its own devices, hoping that he himself might not be compromised. For in his own mind he was very sure that the dog had once more gone back to collect the sheep. By a circuitous route which he had never followed before, going in at least one instance through a gate, which he securely fastened behind him, the shepherd at length reached a farm-house, where, as it chanced, both his sister and his sweetheart were in service. Here he breakfasted, and remained some time, and still there was no sign of the dog. All was no doubt well; after all, the beast must have somehow missed him in the night and had gone home; after the punishment he had received he would never have gone back again for the sheep. So, comparatively light of heart, the shepherd was just about to start on his journey, when up there came to him a man:

"Ye'll hae missed your dowg, I'm thinking? But ye needna' fash; he's waitin' for ye doon by the Crooked Yett, wi' a' your yowes safe enough."

It was useless after this. The wretched man gave in; he struggled no more, but actually went off with the sheep and sold them. And the gallows ended his career. But how the dog followed him is a mystery, and why he waited for him at the "Crooked Yett." For miles he must have tracked him by the scent of the feet of the pony the shepherd rode. But he never came within sight of the farm-house, and how did he know to wait at the gate?

Instances of depravity amongst animals are not altogether unknown, though they are rare. A case is mentioned in Blackwood's Magazine of October 1817, where a lady walking along a London street had her bag snatched from her by a drover's dog. The animal, apparently without any master, was noticed lying, seemingly asleep, by the pavement-side, but on the approach of the lady it sprang suddenly up, snatched from her hand what is described as her "ridicule," and made off at full gallop. On inquiry it was ascertained that the dog was well known as a thief, and that his habit was to lie in the street, apparently taking no notice of passers-by until a lady with a bag, or some poor woman carrying a bundle, came by, when he would jump up, snatch the bag or bundle from its bearer's hand, and make off, no doubt to join a master who waited in security whilst his dog stole for him. On the special occasion here mentioned the lady lost with her bag one sovereign, eighteen shillings in silver, a pair of spectacles, and various papers and small articles.

There is also on record the case of a good-looking spaniel which was bought in London from a dog-fancier by a wealthy young man. The new owner soon observed that, when out with the dog, if he entered a shop the animal invariably remained outside for a time, and that, when at last he did follow his master, the presence of the latter was persistently ignored, nor would the spaniel take any notice when his master left the shop, but continued unconcernedly to sniff about; or else he would lie down and seem to fall asleep. Invariably after this the animal would turn up at home, carrying in his mouth a pair of gloves, or some other article which his master had happened to handle whilst in the shop. By going to establishments where he was known, and giving notice of what he expected to happen, the owner of the dog was enabled to try a series of experiments, and he found that the spaniel would sometimes remain quietly in a shop for hours until the door chanced to be left open, when, if no one appeared to be watching him, he would jump up on the counter, seize some article, bolt with it down the street, and make his way home.

There was also known to the writer, some years ago, a big, honest-looking, clever mongrel, which was taken by his master to India. "Sandy" became quite a regimental pet, but, though friendly with the whole regiment, he clung throughout faithfully to his master. He was a big, heavy dog, with a good deal of the bull in him, and more than a suspicion of collie. The combination of these two breeds made him an exceptionally formidable fighter. Nothing could flurry him, and his great weight and powerful jaw gained him an easy victory over anything he ever met, even when tackled one dark night by a young panther. Unfortunately he developed a passion for killing everything that walked on four legs—short of a horse or an elephant—and of domestic pets and of poultry he took heavy toll. Nothing could break him of this propensity; he would take any punishment quite placidly, and then straightway repeat the offence at the first opportunity. And he developed also a curious habit of tracking his master when he dined out. No matter how "Sandy" was fastened up in barracks, before the meal was half over in the bungalow where his master happened to be dining, in would march the dog, quite calm and apparently at home, and would make willing friends with everyone at table, except with his master, whom he would steadily ignore throughout the evening. Though "Sandy" was very far from being a lady's dog, and though at ordinary times he would take small notice of ladies, yet now he would most gently and affectionately submit to be caressed and fondled by all the ladies at table, and would apparently in reality be the "sweet," good-natured "pet" they styled him; yet too well his master knew from bitter experience that already that evening had Death, in the shape of "Sandy," stalked heavy-footed amongst the domestic pets and poultry of that bungalow. And morning always revealed a formidable list of dead. "Sandy's" bite was sure; he left no wounded on the field of his labours.



A PRIVATE OF THE KING'S OWN SCOTTISH BORDERERS

As the evening closed in, the heavy south-westerly gale that had raged throughout the long-drawn summer's day gradually dropped, and blew now only in fitful gusts. Instead of the sullen, unending roar of artillery, which till past mid-day had stunned the ear, there was now to be heard only the muttering of distant thunder; the flash of guns was replaced by the glare of lightning flickering against the dark background of heavy cloud that hung low on the horizon; and, except for an irregular splutter of musketry, or an occasional dropping shot from direction of the town, the ominous, sustained rattle of small-arms had now entirely ceased.

The night of the 31st July 1759 had seen the French army march out beyond the ramparts of Minden, to take up position against the Allied Forces under Duke Ferdinand of Brunswick. So fiercely blew the gale then that it drowned the sound of the town clocks striking midnight; so furiously raged the storm with the coming of day that, to windward, even the roar of cannon could not be heard, and it was only the dense clouds of smoke that told they were engaged.

As day broke on the 1st of August the French, under a heavy artillery fire, had attacked with fury, but now, repulsed and broken at every point, they were driven back to their old position behind the town ramparts, where for a few hours longer they staved off surrender.

On the Allied right, where fighting had been hottest and most stubborn, the chief brunt of the action fell on six regiments of British infantry, supported by three battalions of Hanoverians. Never have troops of any nation reaped greater glory, nor earned more lasting fame, than that day fell to the lot of those battalions.

In the first line were the 12th, 37th, and 23rd Regiments; in the second line, the 20th, 51st, and 25th, the latter that famous regiment raised in Scotland in the year 1688 by the Earl of Leven, and then called "Leven's" or the Edinburgh Regiment. At Minden it fought as Sempil's Regiment, later it was known as the King's Own Borderers, and now it is familiar to all as the King's Own Scottish Borderers. Entirely unsupported, these two lines of scarlet-clad men marched steadily against a mass of cavalry, the flower of the French army. Without haste, without even a sign of hesitation or of wavering, over ground swept by the fire of more than sixty cannon, they moved—a fire that ploughed through their ranks and mowed down men as the hurricane blast smites to the earth trees in a forest of pines. Not till the threatening squadrons of horse began to get into motion did these British regiments halt, and then, pausing coolly till the galloping ranks were all but within striking distance, they fired a volley so withering that men and horses fell in swathes, while the survivors reeled in confusion back on their supports. Never before had volley so crushing been fired by British troops. Up to that day, musketry had seldom been blasting in effect; firelocks then in use were singularly clumsy weapons, noted for anything but accuracy, and, to add to their inefficiency, it was not the practice to bring the cumbersome piece to the shoulder, and thus to take aim, but rather, the method was to raise the firelock breast high and trust to chance that an enemy might be in the line of fire. Now all was changed. During the Peace troops had been taught to aim from the shoulder, and Minden showed the effect.

In spite of their losses, however, the French horse rallied and came again to the attack, this time supported by four brigades of infantry and thirty-two guns. "For a moment the lines of scarlet seemed to waver under the triple attack; but, recovering themselves, they closed up their ranks and met the charging squadrons with a storm of musketry which blasted them off the field, then turning with equal fierceness upon the French infantry, they beat them back with terrible loss."[2]

[2: Fortescue, History of the Army.]

Yet again the enemy came on; squadrons that up to now had not encountered those terrible islanders, thundered down upon them, undaunted. Through the first line this time the horsemen burst their way, and surely now they must carry all before them. But no farther went the measure of their success; the second line shattered them to fragments, and all was over. Back behind the ramparts fell the French, crushed and dispirited, for nothing now remained to them but surrender. And for this great victory Prince Ferdinand's thanks were chiefly bestowed on those British regiments whose magnificent valour and steadiness had alone made it possible.

But the British cavalry, under Lord George Sackville, did not come in for equal commendation. Lord George and the Prince had long been at daggers drawn. Hence, probably, it may have been, that when the French were broken and in full flight, and Prince Ferdinand's repeated orders to bring up his cavalry reached Lord George, that officer ignored or wilfully disobeyed them. The Marquis of Granby, Lord George's second in command, had already begun to move forward with the Blues, and behind were the Scots Greys and other famous regiments, thirsting to be at the throats of the French. But Lord George Sackville's peremptory orders brought them to a grudging and reluctant halt. Thus, throughout an engagement which brought honour so great to their countrymen, the British cavalry stood idle in the rear, chafing at their inaction and openly murmuring.

And now that all chance of further fighting was over for the day, parties of the men, irritated and bent on picking a quarrel, had strayed from their own lines, and made their way over to the bivouacs of the British infantry regiments, where already camp fires were twinkling, and the men around them slaking with wine throats parched by long hours of marching and fighting.

Those were days when, after a victory, discipline went to the wall and was practically non-existent; they were days when the bodies of those who were killed in action were robbed, almost as they fell—nay, when even the wounded, as they lay helpless, were stripped naked by their own comrades and left to perish on the field (though that, indeed, was common enough amongst our troops even in the Peninsular War half a century later). And now, here at Minden, as ever after a great engagement, when villages or towns are sacked, much plunder had fallen into the hands of the victorious army; wine and brandy from the wine-houses of the wrecked villages was being poured recklessly down the ever-thirsty throats of the men, and soldiers, already half drunk, were to be seen knocking out the heads of up-ended wine-casks the quicker to get at their contents, whilst others, shouting and singing, reeled about, many of them perhaps with a couple of loaves, or a ham, or what not, stuck on their bayonets. Such scenes, and scenes worse by far, were but too common in those days, and even the authority of officers was of small avail at such a time.

Into the midst of such a pandemonium as this came small parties of the cavalry, most of them already excited with drink and ready for any devilry. Among the noisiest and most quarrelsome of the dragoons were two non-commissioned officers—brutal-looking ruffians both of them—who made their way from group to group, drinking wherever the chance offered, shouting obscene songs, and making themselves insufferably offensive whenever a man more quietly disposed than his comrades happened to be met. Boastful and quarrelsome, these two, with a few dragoons of different regiments, at length attached themselves to Sempil's Regiment, amongst whom it chanced that a group of men, more quiet and well-behaved than the general run, sat around a fire, cleaning their arms or cooking rations, and discussing the battle and the heavy losses of the regiment. It was not difficult to guess that the majority of the group were men bred among the great, sweeping, round-backed hills of the Scottish Border—from "up the watters" in Selkirk or Peeblesshires, some of them, others again perhaps from Liddesdale, Eskdale, or Annandale, or one of the many dales famous in Border history; you could hear it in their tongue. But also there was in those quiet, strongly-built men something that spoke of the old, dour, unconquerable, fighting Border stock that for so many centuries lived at feud with English neighbours. Many of them had joined the regiment four years earlier, when it had passed through the Border on its march from Fort William to Buckinghamshire.

But if they had seen much service since then, never had they seen anything to approach this famous day of Minden, and as the long casualty list was discussed, many were the good Border names mentioned that belonged to men now lying stiff and cold in death, who that morning when the sun rose were hale and well.

"Rob Scott's gane," said one.

"Ay, and Tam Elliot," said a grizzled veteran. "I kenned, and he kenned, he wad never win through this day. He telled me that his deid faither, him that was killed at Prestonpans, had twice appeared tae him. And we a' ken what that aye means. Some o' you dragoon lads maybe saw as muckle as ye cared for o' auld Scotland that day o' Prestonpans?"

"And if we did, Scottie, we made up for it later," bawled one of the two dragoon non-commissioned officers.

"Ay? And whan was that, lad? At Falkirk, belike!"

"No, it wasn't at Falkirk, Scottie. But fine sport we had when we went huntin' down them rebels about your Border country, after Culloden had settled their business. By G——! I mind once I starved an old Scotch witch that lived up there among your cursed hills. She was preaching, and psalm-singing, and bragging about how the Lord would provide for the widowed and fatherless, or some cant of that sort. But I soon put her to the test."

"Ay?" said a stern-faced, youngish man, dressed in the uniform of a private of Sempil's Regiment, jumping up hurriedly in front of the dragoon, "ay? And what did ye do?"

"Do?" replied the cavalryman; "why, I just sliced the throat of the old witch's cow, and I cut all her garden stuff and threw it into the burn. I'm thinking it would take a deal o' prayer to get the better o' that! But, oh! no doubt the Lord would provide, as she said," sneered the man.

"And was that in Nithsdale?" asked the young Borderer.

"It was," said the dragoon.

"An' ye did that, an' ye hae nae thocht o' repentance?"

"Repentance! What's there to repent? D—— you, I tell you she was a witch, and I gave her no more than a witch deserves," roared the half-tipsy dragoon.

"Then, by God! I tell you it was my mother that you mishandled that day. Draw! you bloody dog! Draw!" shouted the now thoroughly roused Borderer, snatching from its scabbard the sabre of a dragoon who stood close at hand.

It was no great fight. The cavalryman had doubtless by far the greater skill with the sabre; but drink muddled his brain and hampered his movements, and the whirlwind attack of the younger man gave no rest to his opponent nor opportunity to steady himself. In little more than a minute the dragoon lay gasping out his life.

"Had ye rued what ye did, ye should hae been dealt wi' only by your Maker," muttered the Borderer as the dead man's comrades bore away the body. "Little did I look to see you this day after a' they years, or to have your bluid on my hands. It was an ill chance that brought us thegither again, and an ill day for me an' mine that lang syne brought you into our quiet glen."

But the incident did not end here. The private soldier had slain his superior in rank, and but for the strenuous representations of his company commander and sure friend, a native of his own part of the Border, it had gone hard with Private Maxwell.

The story, as told to his captain, was this. Maxwell, then a half-grown boy, lived with his mother in a lonely cottage in a quiet Dumfriesshire glen. They came of decent folk, but were very poor, sometimes in the winter being even hard put to it to find sufficient food. The father, and all the family but this one boy, were dead; the former had perished on the hill during a great snowstorm, and the sons, long after, had all died, swept off by an outbreak of smallpox. Thus the widow and her one remaining boy were left almost in destitution; but by the exercise of severe economy and by hard work, they managed to cling to their little cottage.

One morning—it was a day in the summer of 1746; the heather was bursting into bloom, shadows of great fleecy clouds trailed sleepily over the quiet hillsides, larks sang high in the heavens, blue-bells swung their heads lazily in the gentle breeze, and all things spoke of peace—there came the tramp of horses down the glen, past the rocks where the rowan-trees grew, and so up to the cottage door.

"Hi, old lady!" shouted the sergeant in charge of a half-dozen dragoons, "we must ha' some'at to eat and drink. We've been scouring them infernal hills since break o' day, and it's time we picked a bit."

"Weel, sirs," said the poor widow, "it's but little I hae gotten, but that little ye shall freely hae." And she brought them "lang kale" and butter, and for drink offered them new milk, saying, as she handed it to the man, that this was her whole stock.

"Whole stock!" growled one who did not relish such food, "whole stock! A likely story! I daresay, if the truth was known, the old hag's feeding a rebel she's got hidden away in some snug hole hereaway."

"'Deed, sirs, there's no rebels here. An' that's a' my son an' me has to live on."

"How do you live in this outlandish spot all the year round, then, mistress?"

"Indeed, sir," said the woman, "the cow and the kailyaird, and whiles a pickle oat meal, wi' God's blessing, is a' my mailen. The Lord has provided for the widow and the faitherless, and He'll aye provide."

"We'll soon see about that," said the ruffian. With his sabre, and paying no heed to the helpless woman's lamentations or to the half-hearted remonstrances of his comrades, he killed the poor widow's cow; then going to the little patch of garden, he tore up and threw into the burn all the stock of kail.

"There, you old rebel witch," said he, with a heartless laugh, as the party set forward again, "you may live on God's blessing now."

It broke the poor toil-worn widow's heart, and she died ere the summer was ended. Lost to the ken of his few friends, her boy wandered sorrowfully to another part of the country, and winter storms soon left but the crumbling walls and broken roof of what had been his home.

Thirteen years, almost to a day, passed ere fate brought together again the man who committed that foul wrong and his surviving victim. If retribution came with halting foot, it came none the less surely, for "though the mills of God grind slowly, they grind exceeding small."



HIGHWAYMEN IN THE BORDER

It can scarcely be said that the Border, either north or south of Tweed, has ever as a field of operations been favoured by highwaymen. Fat purses were few in those parts, and if he attempted to rob a farmer homeward bound from fair or tryst—one who, perhaps, like Dandie Dinmont on such an occasion, temporarily carried rather more sail than he had ballast for—a knight of the road would have been quite as likely to take a broken head as a full purse.

There has occasionally been some disposition to claim as a north country asset, Nevison, the notorious highwayman, who is said to have been the true hero of the celebrated ride to York, which, in his novel, Rookwood, Mr. Harrison Ainsworth assigns to Dick Turpin. Nevison, however, was a north countryman only in the sense that he was born in Yorkshire, and he never did frequent any part of the north country, but confined his operations chiefly to districts adjacent to London, where he flew at higher game than in those days was generally to be found travelling Border roads. Nor in reality was it he who took that great ride to York. The feat was accomplished in the year 1676 by a man named Nicks, if Defoe's account is to be relied on. Nicks committed a robbery at Gadshill, near Chatham, at about four o'clock one summer's morning. Knowing that, in spite of his crape mask, his victim had recognised him, Nicks galloped to Gravesend, where, together with his mare, he crossed the Thames by boat, then swung smartly across country to Chelmsford, and thence on, with only necessary halts to bait his horse, by way of Cambridge, through Huntingdon, and so on to the Great North Road. Without ever changing his mount, he reached York early that evening, having taken only fifteen hours for a journey of two hundred miles. If the time is correct, she must have been a great mare, and he a consummate horse-master. At his subsequent trial, as it was proved beyond question that in the evening of the day on which the robbery took place he had played bowls in York with well-known citizens, the jury, holding it to be impossible that any person could have been on the same day in two places so far apart as Gadshill and York, on that ground acquitted the prisoner.

But if Nevison, nor Nicks, nor Turpin, ever crossed into Scotland, there were others, less known to fame, who occasionally tried their fortune in that country. In the early part of the year 1664, robberies, highway and otherwise, were of extraordinary frequency in Scotland, and this was attributed to the great poverty then prevalent amongst the people, owing to "the haill money of the kingdom being spent by the frequent resort of our Scotsmen at the Court of England."

In 1692-3 there seems to have been what one might almost call an epidemic of highway robbery over the southern part of Scotland, and he was quite a picturesque ruffian who robbed William M'Fadyen near Dumfries on 10th December 1692. Or, rather, there were two ruffians engaged in the affair. M'Fadyen was a drover who had been paid at Dumfries a sum of L150 for cattle sold. Sleeping overnight in the town, the drover started for home next morning before daylight. Possibly he had seen at the inn the previous evening some one whose appearance or manner made him uneasy, and being a cautious man, with a good deal of money in his possession, he had hoped by an early start to give this suspected person the slip.

A clear, cold December morning, stars winking frostily in a cloudless sky, and a waning moon casting sharp black shadows over the whitened ground, saw him out of Dumfries, and well on his homeward road. And, as he blew on his fingers, and beat his unoccupied hand briskly against his thigh, to warm himself withal, M'Fadyen chuckled to think how cleverly and quietly he had slipped unnoticed from the inn and through the town. They must be up early indeed who would weather on him! And so, ruminating somewhat vain-gloriously, he pushed on over the ringing ground, his horse snorting frosty breaths on the chill air, and inclined to hump his back and squeal on the smallest excuse. Mile after mile slipped easily behind him, and the sun began to show a blood-red face over the hill; a "hare limped trembling through the frozen grass," and crows cawed hungrily as they flew past on sluggish, blue-black wing, questing for food. The world was awake now, and M'Fadyen reckoned that by a couple of hours after noon he should be safe home with his money. Only—who was that on the road ahead of him? A soldier by his coat, surely, with his servant riding behind. Well, so much the better; that would be company for him over the loneliest part of his ride, across the moor which bore an evil name. So M'Fadyen pressed on, and soon he caught up the two riders, first the servant, "mounted upon ane dark grey horse" and armed with a "long gun"; then the master, also riding a dark grey horse, and dressed in a scarlet coat with gold-thread buttons. A tall man, the latter—a striking-looking man, quite a personage, with thin refined face and high Roman nose; instead of a wig he wore his own brown hair tied in a cue behind, and over one eye he had a notable peculiarity, "a wrat (wart) as big as ane nut." In his holsters this gentleman carried a brace of pistols.

Surely here was good fortune for M'Fadyen! A party so well armed could afford to look with contempt on any highwayman that ever cried "Stand and deliver" over all broad Scotland. And it was not long before the honest drover, in the joy of his heart at finding himself in such goodly company, had expressed to the red-coated stranger the pleasure it would give him if he might be granted the escort across the moor of a gentleman so well armed and mounted; "for," said he, "in sic ill times it was maist mischancey wark to ride far ane's lane." Little objection had the tall gentleman in red to make to such a proposition, and on they rode, amicably enough, with just such dryness of manner on the stranger's part as the humble drover might expect from an army officer, yet nothing to keep his tongue from wagging. "It was a gey kittle bit they were comin' to, where the firs stude, and he wad hae liked ill to be rubbit. Muckle? O—oo, no; just a wee pickle siller, but nae man likit to lose onything. And folk said they highwayman wad skin the breeks aff a Hielandman. No that he was a Hielandman, though his name did begin wi' a "Mac."

And so chattering, they had already won half-way across that lonely stretch of moor regarding which the drover had had misgivings. And even as they came abreast of that thick clump of stunted firs, up to M'Fadyen rode the servant, pointing towards the trees, and saying: "This is our way. Come ye wi' me."

There were few roads—such as they were—in the south of Scotland with which M'Fadyen's business as a drover had not made him familiar, and naturally he refused now to leave a track which he knew to be the right one. Whereupon the servant up with his "long-gun" and struck him heavily over the head with the butt; and as M'Fadyen strove to defend himself and to retaliate, up rode the master, clapped a pistol to his breast, and forced him to go with them behind the clump of trees. The last M'Fadyen saw of his pleasant escort was the two knaves cantering over the heath, bearing with them his cloak-bag containing his L150.

A great fuss was made over this robbery, and the Privy Council took the matter up. The chief robber was undoubtedly an officer, said M'Fadyen, and besides the large wart over his eye, there were other marks which made him noticeable—for example, "the little finger of his left hand bowed towards his loof." Notwithstanding these tell-tale marks, neither robber was ever found; M'Fadyen and his hard-earned L150 had parted company for ever. And though the Privy Council went so far as to "recommend Sir James Leslie, commander-in-chief for the time being of their Majesties' forces within this kingdom, to cause make trial if there be any such person, either officer or soldier, amongst their Majesties' forces, as the persons described," no one was ever brought to book, either amongst the troops in Scotland, or amongst "the officers which are come over from Flanders to levy recruits."

Not so fortunate as this scarlet-coated gentleman was Mr. Hudson, alias Hazlitt, who in 1770 stopped a post-chaise on Gateshead Fell, near Newcastle, and robbed the occupant, a lady who was returning to Newcastle from Durham. A poor-spirited creature was this Hudson, a little London clerk gone wrong, and he trembled so excessively when robbing the lady that she plucked up spirit, and, protesting that half a guinea was all she had, got off with the loss of that modest sum, not even having her watch taken. Despite his pistol, one cannot but feel that of the two the lady was the better man, and that, had it occurred to her, she might very readily have bundled the highwayman neck and crop into her chaise, and handed him over to the authorities.

His career, however, was almost as brief as if she had done so. That same evening he robbed a mounted postman of his mail-bags—having first ascertained that the postman was unarmed. And here Hudson came to the end of his tether. The postman gave the alarm, and the robber was arrested in Newcastle the following day, some of the property lost from the mail-bags still in his possession. At his trial the following week at Durham Assizes he did not attempt to make any defence, but after conviction, by confessing where the booty was hid, he made what reparation lay in his power. Poor wretch! He had not even the posthumous satisfaction of going down to posterity as a bold, bad man, a hero of the road. Not for him was it to emulate Jack Shepherd or Dick Turpin; he was of feebler clay, unfitted to excel in evil-doing.

After the barbarous fashion of the day, they hanged his body in chains on the scene of his poor, feebly-executed crimes; and there, on Gateshead Fell, through many a dreary winter's night, fringed with loathly icicles, lashed by rains, battered by hail, dangled that pitiful, shrunken figure, creaking dolefully, as it swung to and fro in the bitter blasts that come howling in from a storm-tossed North Sea. And far from acting as the warning intended to others, so little was this gruesome thing a "terror to evil-doers," that the vicinity of the gibbet actually became a place noted for the frequency of crimes of violence.

There have been others, of course, who might perhaps be recognised as Border highwaymen, though not many of them could claim to have achieved even moderate notoriety. Drummond, who was hanged at Tyburn in 1730, certainly began his infamous career in the north, but that was quite a petty beginning, and—at least after his return from transportation to the Virginian Plantations—his chief haunts were Hounslow or Bagshot Heaths, or other places in the neighbourhood of London.

But at least there was one Border highwayman—or is "footpad" here the more correct term?—who, if the story is true, may surely claim to have been the most picturesque and romantic of criminals. In this instance the malefactor was a woman, not a man, and her name was Grizel Cochrane, member of (or at least sprung from) a noble family, which later produced one of the most famous seamen in the annals of naval history. Her story is very well known, and it may therefore be sufficient to say here that her father, having been concerned in one of the many political conspiracies which in those days were judged to merit death, lay in prison under sentence, and that, to save his life, the brave lady, disguised as a man, on two separate occasions, on Tweedmouth moor, robbed the mail by which her father's death warrant was being conveyed from London to Edinburgh. Thus she twice prevented the sentence from being carried out, and eventually the prisoner was pardoned.

The greater number of highway robberies in the Border, however, were accomplished without the aid of a horse or the disguise of a crape mask. The Border highwayman, as a rule, was no picturesque Claude Duval, no chivalrous villain of romance who would tread a measure in the moonlight with the lady whose coach he had plundered, thereafter returning her jewels in recompense for the favour of the dance. He was much more often of the squalid type—in a word, a footpad—frequently a member of some wandering gipsy gang, who, attending country fair or tryst, had little difficulty in ascertaining which one of the many farmers present it would be easiest and most profitable to rob as he steered his more or less devious course homeward in the evening across the waste. What the farmer had that day been paid for his cattle or sheep he usually carried with him, probably in the form of gold; for in those days there were of course no country agencies of banks in which the money might be safely deposited. Not unusually, too, the farmer had swallowed enough liquor to make him reckless of consequences; and the loneliness of the country-side, and the absence of decent roads, too often combined with the condition of the farmer to make him an easy prey to some little band of miscreants who had dogged him from the fair.

Frequently, too, these robbers were in league with the keepers of low roadside public-houses, where passengers on their homeward way were encouraged—nothing loth, as a rule—to halt and refresh steed and rider, and possibly whilst they drank their pistols were tampered with. Who does not remember the meeting of Harry Bertram and Dandie Dinmont in such a place? And who has not read in the author's notes to Guy Mannering, Sir Walter's account of the visit to Mump's Ha' of Fighting Charlie of Liddesdale, and what befell him thereafter? In spite of a head that the potations pressed on him by an over-kind landlady had caused to hum like an angry hive of bees, Charlie had sense enough, after he had travelled a few miles on his homeward way, to examine his pistols. Finding that the charges had been drawn and tow substituted, Charlie, now considerably sobered, carefully reloaded them, a precaution which certainly saved his money, and possibly his life as well, for he was presently attacked by a party of armed men, who, however, fled on finding that "the tow was out."

Mump's Ha' was in Cumberland, near Gilsland. In olden days it was a place of most evil repute, but one may question if in ill name it could take precedence of a similar establishment which in the days of our great-grandfathers stood on Soutra Hill, on the Lauder road. Travellers had need to give this place a wide berth, for it was a veritable den—indeed "Lowrie's Den" was the name by which it was known, and feared, by every respectable person. Many a bloody, drunken fight took place there, many were the evil deeds done and the robberies committed; not even was murder unknown in its immediate vicinity.

Well for us that in our day we know of such places only by ancient repute. When we talk regretfully of "the good old days," we are apt to leave out of the reckoning those Mump's Ha's and Lowrie's Dens of our forefathers' times; we forget to add to the burden of a journey such items as indifferent roads and highway robbers, and the possibility of reaching one's destination minus purse, watch, or rings. From an encounter with highwaymen, few passengers emerged with flying colours, having had the best of the deal. Not to many persons was such fortune given as fell to the lot of a country lass near Kelso one winter's evening. She had little enough to lose in the way of money or valuables, and it was "bogles," more than the fear of footpads that disturbed her mind as she stumped along that muddy road in the gathering gloom. Consequently, after one terrified shriek, it was almost a relief to her to find that the two figures which bounced out on her from the blackness, demanding her money, were flesh and blood like herself, and not denizens of another world. Five or six shillings was all that the poor lass possessed, but they took that paltry sum. Only, when she pled hard that they should leave her at least a trifle to take to her mother, who was very poor, one of the footpads relented, and with a gruff, "Hey, then!" thrust three coins back into her not unwilling hand. With a mixture of joy and fear the girl fled into the darkness, but as she ran, she thought she heard a shout, and soon, to her consternation, she made certain that hurrying footsteps were coming up behind her. In dire terror now, she left the road, and crept into some bushes in an adjacent hollow. There, with thumping heart, she cowered whilst two men ran past, and presently, whilst she still lay hid, they returned, vowing loud vengeance on some person who had "done" them. It was long ere the poor girl dared leave her shelter, late ere she got home to tell her tale to an anxious mother. But when the three rescued shillings were produced, the cause of the robbers' anger was not far to seek; they were not shillings that came this time from the depths of a capacious pocket, but three golden guineas.



CIRCUMSTANTIAL EVIDENCE

When the skipper of some small coastal trading craft is able to retire from leading a sea-faring life, it is usually within close range of the briny, tarry whiffs that with every breeze come puffing from the harbour of some little port out of which he has formerly traded that he sets up his shore-going abode. There, when he has paid off for the last time, and everything, so to speak, is coiled down and made ship-shape, he settles within easy hail of old cronies like himself; and if he should chance to be one of those who have lived all their days with only their ship for wife, then he not unnaturally falls easily into the habit of dropping, of an evening, into the snug, well-lit bar-parlour of the "Goat and Compasses" or the "Mariner's Friend," or some such house of entertainment, with its glowing fire and warm, seductive, tobacco-and grog-scented atmosphere, there to wile away the time swopping yarns with old friends. Sometimes, if opportunity offer, he is not averse from a mild game of cards for moderate points; and usually he takes, or at least in old days he used to take, his liquor hot—and strong.

Captain Alexander Craes was one of those retired merchant skippers; but he had not, like the majority of his fellows, settled near the sea-coast. It was Kelso that had drawn him like a loadstone. An inland-bred man, in his boyhood he had run away to sea, and the sea, that had irresistibly woed his youthful fancy, had no whit fulfilled his boyish dreams. It was not always blue, he found; the ship was not always running before a spanking breeze; more kicks than ha'pence, more rope's-endings than blessings, came his way during the first few years of his sailor life. Perhaps it was because he had been ashamed to go back and own himself beaten, or perhaps it was his native Border dourness that had caused him to stick to it; but at any rate he did stick to it—though, like most sailors, he growled, and even swore sometimes, that he hated the life. And now, in the winter of 1784-5, here he was in Kelso, stout, weather-beaten, grey-headed, over fifty, living within earshot of the deep voice of flooded Tweed roaring and fretting over the barrier with which the devil, at bidding of Michael Scott the Wizard, long syne dammed its course. Many a time when the captain's little vessel, close hauled, had been threshing through leaden-grey seas under hurrying, leaden-grey skies and bitter snow squalls, with a foul wind persistently pounding at her day after day, he had thought, as some more than ordinarily angry puff whitened the water to windward and broke him off his course, with the weather leech of his close-reefed topsail shivering, how pleasant it must be to be a landsman, to go where he pleased in spite of wind or weather. Ah! they were the happy ones, those lucky landsmen, who could always do as they chose, blow high, blow low.

Well, here he was at last, drinking in all a landsman's pleasures, enjoying his privileges—and not too old yet, he told himself with self-conscious chuckle, to raise a pleasant flutter of expectation in the hearts of Kelso's widows and maidens. Not that he was a marrying man, he would sometimes protest; far from it, indeed. Yet they did say that the landlord of a rival inn was heard to remark that "the cauptain gaed ower aften to Lucky G——'s howf. It wasna hardlys decent, an' her man no deid a twalmonth." Maybe, however, the good widow's brand of whisky was more grateful to the captain's palate, or the company assembled in her snug parlour lightsomer, or at least less dour, than was to be found at the rival inn, where the landlord was an elder of the kirk and most stern opponent of all lightness and frivolity. Whatever the cause, however, it is certain that the captain did acquire the habit of dropping in very frequently at the widow's, where he was always a welcome guest. And it was from a merry evening there that, with a "tumbler" or two inside his ample waistcoat, he set out for home one black February night when a gusty wind drove thin sleety rain rattling against the window panes of the quiet little town, and emptied the silent, moss-grown streets very effectively.

An hour or two later, it might be, two men, Adam Hislop and William Wallace, were noisily steering a somewhat devious and uncertain course homeward, when one of them tripped over a bulky object huddled on the ground, and with an astonished curse fell heavily.

"What the de'il's that? Guide us, it's a man! Some puir body the waur o' his drink, ah'm thinkin'. Haud up, maister! Losh! it's the cauptain," he cried, as with the not very efficient aid of his friend he tried to raise the prostrate man. But there was more than drink the matter here.

"There's bluid on him!" cried one who had been vainly essaying to clap a battered hat on to the head of the form that lay unconscious in the mud. A hard task it was presently, when his senses began to return, to get the wounded sailor unsteadily on his legs; a harder to get him home. The captain could give but a poor account of how he came to be lying there; thickly and indistinctly he tried to explain that he had laid a course for his own moorings, and had been keeping a bright look-out, when suddenly he had been brought up all standing, and he thought he must have run bows on into some other craft, for he remembered no more than getting a crack over his figurehead. Morning was treading on the heels of night before Hislop and Wallace had got the damaged man home and had left him safely stowed in bed, and themselves were peacefully snoring, unconscious of coming trouble.

A day or two passed quietly, and the damaged man already was little the worse of his adventure. Then, however, the rumour quickly spread that not only had the Captain been assaulted, but that he had been robbed. Gossip flew from tongue to tongue, and folk began to look askance on Wallace and Hislop, muttering that "they aye kenned what was to be the outcome"; for who, thought they, but Wallace and Hislop could have been the robbers? They had found him lying, the worse of liquor, having damaged his head in falling, and they had robbed him, either then or when they undressed him in his room, believing that he would have no recollection of what money he had carried that night, nor, indeed, much of the events of the entire evening. It was all quite plain, said those amateur detectives. They wondered what the fiscal was thinking of that he had not clapped the two in jail lang syne. So it fell out that, almost before they realised their danger, the two men were at Jedburgh, being tried on a capital charge.

The evidence brought against them was for the most part of no great account, and the old sea captain was unable to say that either man had assaulted him, or, indeed, that he had any clear recollection of anything that had happened after he left the inn. They might have got off—indeed they would have got off—but for one unfortunate circumstance, which in the eyes of the jury completely damned them. In possession of one of them was found a guinea, which the captain had no hesitation in identifying as a peculiarly-marked coin which he had carried about with him for many years. That was enough for the jury. They and counsel for the prosecution would credit no explanation.

The story told by Hislop and Wallace was that on the night of the assault they had been drinking and playing cards in a public-house in Kelso; that late in the evening a soldier had come in and had joined in the game, losing a considerable sum; that in consequence of his losses he had produced a guinea, and had asked if any of the company could change it. Hislop had given change, and the guinea found in his possession was that which he had got from the soldier. "A story that would not for a moment hold water," said counsel, when the unfortunate men failed to produce evidence in support of their story; and the judge, in his summing up, agreeing with the opinion of counsel for the prosecution, the jury brought in a verdict of guilty, and both men were condemned to be hanged.

On May 17, 1785, this sentence was carried out. But here arose circumstances which caused the credulous—and in those days most people were credulous—first to doubt, and finally to believe implicitly in the innocence of the convicted men. From first to last Wallace and Hislop had both most strongly protested that they were entirely guiltless. That, of course, went for nothing. But when, on the day of execution, the ropes which were used to hang the poor creatures both broke; when the man who ran to fetch sounder hemp fell as he hurried, and broke his leg, then the credulous and fickle public began to imagine that Providence was intervening to save men falsely convicted. Then, too, the tale spread abroad among a simple-minded people how a girl, sick unto death, had said to her mother that when Hislop's time came she would be in heaven with him; and it was told that as Hislop's body, after execution, was carried into that same tenement, in a room of which the sick girl lay, her spirit fled. Judgment, also, was said to have fallen on a woman who occupied a room in that house, and who had violently and excitedly objected to the body of a hanged man being brought to defile any abode which sheltered her. That same evening the body of her own son, found drowned in Tweed, was carried over that threshold across which she had tried to prevent them from bringing the corpse of Hislop. All these events tended to swing round public opinion, and those who formerly had been most satisfied of their guilt, now most strenuously protested their entire belief in the innocence of the hanged men. The years slipped away, however, and there had arisen nothing either to confirm or to dissipate this belief; only the story remained fresh in the minds of Border folk, and the horror of the last scene grew rather than lessened with repeated telling.

But there is a belief—not always borne out by facts—that "murder will out"; a faith that, "though the mills of God grind slowly, yet they grind exceeding small." Ten years had passed, and the spring of 1795 was at hand, when it chanced one day that a citizen of Newcastle, homeward bound from Morpeth, had reached a point on the road near Gosforth; here, without word or challenge, a footpad, springing on to the road, fired a pistol at the postillion of the postchaise, knocking off the man's cap and injuring his face. The frightened horses plunged, and dashed off madly with the vehicle, leaving in the footpad's possession no booty of greater value, however, than the postillion's cap.

Later in the same day the same footpad fired, without effect, on two mounted men, who galloped off and gave the alarm, and a well-armed band setting out from Gosforth soon captured the robber, still with the incriminating postillion's cap in his possession. He was a man named Hall, a soldier belonging to the 6th Regiment of Foot, of which a detachment was then stationed in the district. And he was in uniform, though, as a measure of precaution, and not to make himself too conspicuous, he wore his tunic turned inside out—a disguise that one would pronounce to be something of the simplest.

There was, of course, no possible defence—indeed, he owned up, and at the next assizes was condemned to death. And here the link with the fate of Wallace and Hislop came in. As he lay awaiting execution, Hall confessed that it was he, that February night in 1785, who had stunned and robbed Captain Craes. He had seen the old sailor making his not very steady way homewards, and had followed him, and at the loneliest part of the street, where no house showed a light, he came up behind and tripped him; and as the captain essayed to get again on his feet, Hall had struck him a violent blow on the head with a cudgel, stunning him. The man told, too, how a little later he had gone into a public-house to get a drink, and that there he found some men playing at cards; he had joined them, and had lost money, and one of the men (Hislop, as he afterwards understood) had changed for him a guinea which he had a little time before taken from the pocket of the man he had stunned.

Thus were Wallace and Hislop added to the long list of the victims of circumstantial evidence.



ILLICIT DISTILLING AND SMUGGLING

From about the close of the seventeenth until well on in the nineteenth century, smuggling was carried on to a large extent in the Border counties of England and Scotland, not only as regards the evasion of customs duties on imported articles, but as well in the form of illicit distillation.

In the good old times, better than half-way through the eighteenth century, cargoes consisting of ankers of French brandy, bales of lace, cases of tobacco, boxes of tea, and what not, were "run" almost nightly on certain parts of the coasts of Berwick, Northumberland, and Galloway, borne inland by long strings of pack-horses, and securely hid away in some snug retreat, perhaps far up among the Border hills. Few of the inhabitants but looked with lenient eye on the doings of the "free-traders"; few, very few, deemed it any crime to take advantage of their opportunities for getting liquor, tea, and tobacco at a cheaper rate than they could buy the same articles after they had paid toll to the King. Smuggled goods, too, were thought to possess quality and flavour better than any belonging to those that had come ashore in legitimate fashion; the smuggler's touch, perhaps, in this respect was—

"... sweeter than the lids of Juno's eyes Or Cytherea's breath";

it imparted to the brandy, apparently, a vague, unnameable something that tickled the palate of the drinker, to the tobacco an extra aroma that was grateful to the nostrils of those who smoked it. Nay, the very term "smuggled" raised the standard of those goods in the estimation of some very honest folk, and caused them to smack their lips in anticipation. Perhaps this superstition as to the supreme quality of things smuggled is not even yet wholly dead. Who has not met the hoary waterside ruffian, who, whispering low,—or at least as low as a throat rendered husky by much gin can whisper,—intimates that he can put the "Captain" (he'd promote you to be "Admiral" on the spot if he thought that thereby he might flatter you into buying) on to the "lay" of some cigars—"smuggled," he breathes from behind a black and horny paw, whose condition alone would taint the finest Havanna that ever graced the lips of king or duke—the like of which may be found in no tobacconist's establishment in the United Kingdom. There have been young men, greatly daring, who have been known to traffic with this hoary ruffian, and who have lived to be sadder and wiser men. Of the flavour of those weeds the writer cannot speak, but the reek is as the reek which belches from the Pit of Tophet. However, in the eighteenth century our forefathers, for a variety of reasons, greatly preferred the smuggled goods, and many a squire or wealthy landowner, many a magistrate even, found it by no means to his disadvantage if on occasion he should be a little blind; a still tongue might not unlikely be rewarded by the mysterious arrival of an anker of good French brandy, or by something in the silk, or lace, or tea line for the ladies of his household. People saw no harm in such doings in those good old days; defrauding the revenue was fair game. And if a "gauger" lost his life in some one or other of the bloody encounters that frequently took place between the smugglers and the revenue officers, why, so much the worse for the "gauger." He was an unnecessarily officious sort of a person, who had better have kept out of the way. In fact, popular sentiment was entirely with the smugglers, who by the bulk of the population were regarded with the greatest admiration. Smuggling, indeed, was so much a recognised trade or profession that there was actually a fixed rate at which smuggled goods were conveyed from place to place; for instance, for tea or tobacco from the Solway to Edinburgh the tariff was fifteen shillings per box or bale. A man, therefore, owning three or four horses could, with luck, make a very tidy profit on the carriage, for each horse would carry two packages, and the distances were not great. There was certainly a good sporting chance of the convoy being captured in transit, but the smugglers were daring, determined men, and the possibility of a brush with the preventive officers merely added zest to the affair.

Of the other, the distilling branch of the smugglers' business, a great deal was no doubt done in those lonely hills of Northumberland and Roxburgh and the other Border counties. There they had wealth of fuel, abundance of water, and a plentiful choice of solitary places admirably adapted to their purpose; it was easy to rig up a bothy, or hut of turf thatched with heather, in some secluded spot far from the haunts of inconvenient revenue officers, and a Still that would turn out excellent spirit was not difficult to construct. With reasonable care the thing might be done almost with impunity—though there was never wanting, of course, the not entirely unpleasurable excitement of knowing that you were breaking the law, that somebody might have turned informer, and that at any moment a raid might be made. Every unknown face necessarily meant danger, each stranger was a person to be looked on with suspicion till proved harmless. Even the friends and well-wishers of the illicit distiller did not always act in the way most conducive to his comfort and well-being, for if his still turned out a whisky that was extra seductive, he speedily became so popular, so run after, and the list of his acquaintances so extended, that sooner or later tidings of his whereabouts leaked round to the ears of the gaugers, and arrest, or a hasty midnight flitting, was the outcome. Besides, such popularity became a severe tax on the pocket of the distiller, for the better the whisky the greater the number of those who desired to sample it, and the oftener they sampled it, the more they yearned to repeat the process. Nor was it safe to make a charge for the liquor thus consumed, lest it might chance that some one of those who partook of it might, out of revenge for being charged, lay an information.

About the end of the eighteenth century there lived in a remote glen on Cheviot a Highlander, one Donald M'Donald, who was famous for the softness and flavour of the spirit he distilled. Whether it was a peculiar quality imparted to his whisky by some secret process known only to Donald himself, a knowledge and skill perhaps handed down from father to son from generation to generation, like the secret of the brewing of heather ale that died with the last of the Picts, one cannot say. Only the fact remains that, like the heather ale of old, Donald's whisky was held in high esteem, its effects on the visitors who began in numbers to seek the seclusion of his bothy, as "blessed" as were ever those of that earlier mysterious beverage beloved of our Pictish ancestors:

"From the bonny bells of heather They brewed a drink long-syne, Was sweeter far than honey, Was stronger far than wine. They brewed it, and they drank it, And lay in a blessed swound For days and days together In their dwellings underground."

Donald M'Donald had formerly been a smuggler, but he had wearied of that too active life, and he had longed for an occupation more sedentary and less strenuous. Distilling suited his temperament to a nicety. It was what he had been used to see as a boy when his parents were alive, for his father before him had been a "skeely" man in that line. So Donald built to himself a kind of hut in a wild, unfrequented glen. A little burn, clear and brown, ran chattering past his door; on the knolls amongst the heather grouse cocks crowed merrily in the sunny August mornings, and the wail of curlews smote sadly on the ear through the long-drawn summer twilights. Seldom did human foot tread the heather of that glen in the days before Donald took up his abode there; to the raven and the mountain-fox, the muir-fowl and the whaup, alone belonged that kingdom.

From afar you might perhaps smell the peat reek as he worked his primitive Still, but unless the smoke of his fire betrayed him, or you knew the secret of his whereabouts, it had been hard to detect the existence of Donald's hut, so skilfully was it constructed, so gently did it blend into the surrounding landscape. Even if it were accidentally come upon, there was nothing immediately visible which could excite suspicion. At a bend in the stream, where the banks were steep, and the burn tumbled noisily over a little linn, dashing past the rowan trees that clung there amongst its rocks, and plunging headlong into a deep black pool, stood Donald's hut. Little better than a "lean-to" against a huge rock, it seemed; at one end a rude doorway, filled by a crazy door that stood ajar, walls of turf, windowless and heather-thatched, innocent of chimney, but with an opening that allowed the smoke of his fires to steal up the face of the rock before it dispersed into the air. That was all that might be seen at first glance—that and a stack of peat near the door. Inside, there were a couple of rough tables, made of boards, one or two even rougher seats, a quantity of heather in a corner, tops upper-most, to serve as a bed; farther "ben," some bulky things more than half hidden in the deep gloom of that part of the hut that was farthest from the door and from the light of the fire. And over and through everything an all-pervading reek of peat that brought water to the eyes of those not inured to such an atmosphere, and caused them to cough grievously. To the Highlander it was nothing; he had been born in such an atmosphere, and had lived in it most of his days. But to visitors it was trying, till Donald's Dew of Cheviot rendered them indifferent to the minor ills of life.

One day, as Donald was busily engaged with his Still, a charge for which he was just about starting, there came to the door of his hut a man leading a horse from which he had just dismounted. This man did not wait for an invitation to enter, but, having made fast his reins to the branch of a neighbouring rowan tree, walked in and sat down, with a mere "Good day."

"A ferry goot tay," politely replied Donald. But he was not altogether happy over the advent of this stranger; there was a something in the manner of the man that roused suspicion. However, there he was. It remained only to make the best of it, and to be careful not to show that he suspected anything. Perhaps the man was harmless after all; and, in any case, it might be just as well to pretend that he was not possessed of any great knowledge of English. There was nothing to be gained by talking.

"Have ye not such a thing as a drop of spirits in the house?" inquired the stranger. "I'm tired with my ride."

Donald "wasna aaltogether sure. Mebbes perhaps there micht pe a wee drappie left in ta bottle." But there was no dearth of fluid in the bottle that, with Highland hospitality, he set before the strange man, along with cheese and oatcake. Donald took a liberal "sup" himself, and sat down, purposely near the door, just in case of any possible coming trouble, and out of the corner of his eye he kept a wary gaze on his uninvited guest, who had also helped himself liberally to the whisky, and was already making a great onslaught on the cheese and oatcake.

"Aye, capital whisky; cap-i-tal whisky," said the stranger graciously. "And I daresay there's more where that came from, if the truth were kenned."

But that was a suggestion which Donald found it convenient to ignore. He had "ferry little English," he said.

"And I daresay, now," pursued the stranger, in tones if anything perhaps a trifle over-hearty, "I daresay, now, the devil a drop of it will ever have helped to line the King's pocket? Eh?"

But here, again, Donald's knowledge of English was at fault; he "wad no pe kennin' fhat his honour's sel' wad pe sayin'."

"And what might your name be?" presently inquired this over-inquisitive guest.

"Ach, it micht joost pe Tonal," said the Highlander.

"Donald? Aye, and what more than Donald?"

"Ooh, there wull pe no muckle mair. They will joost be calling me Tonal M'Tonal."

"Donald M'Donald? Aye, aye. I thought so. Well, Donald, I'm an excise officer, and you've been distilling whisky contrary to the law. I'll just overhaul your premises, and then you'll be coming with me as a prisoner. And you'd best come quietly."

"Preesoner?—Preesoner? Her honour will no be thinkin' o' sic a thing. There micht aiblins pe a thing or twa in ta hoose tat his honour wad pe likin' to tak' away, but it iss no possible tat he can do onything wi' her nainsel'."

"It's no use talking, my mannie. Duty's duty. You must come wi' me."

"Ochon! Ochon! Tuty wull pe a pad thing when it's a wee pit pisness sic as this. Yer honour wull joost be takin' the pits o' things in ta bothy, an' her nainsel' wull gang awa' an' no say naething aboot it at aal."

"I'm not here to argue with you," cried the exciseman, getting impatient. "You're my prisoner. I confiscate everything here. If there's any resistance, I can summon help whenever I please. You'd best come quietly."

"Oh, 'teed tat's ferry hard; surely to cootness very hard indeet. But she wull no pe thinkin' aaltogether tat she wull pe driven joost like a muckle prute beast either. Her nainsel' wull mebbes hef a wheen freends tat could gie her help if she was wantin't. Could ye told me if there wud pe ony o' them tat wad pe seem' yer honour comin' in here?"

"Not one of your friends, my mannie. Nor nobody else."

"Then, by Gott, there wull pe nopody tat wull pe seem' ye go oot," shouted Donald in an excited, high-pitched scream, as he snatched a heavy horse-pistol from behind the door, and cocked it. "If ye finger either your swort or your pistol, your plood wull pe on your ain head. She wull pe plowin' your prains oot."

A very different man this from the submissive, almost cringing, creature of a few minutes back! Now, there stood a man with set mouth and eyes that blazed evilly; the pistol that covered the gauger was steady as a rock, and a dirk in the Highlander's left hand gleamed ominously as it reflected the glow from the fire in the middle of the room.

The exciseman had jumped to his feet at Donald's first outburst. But he had underrated his man, and now it was too late. To attempt to draw a pistol now would be fatal—that was a movement with which he should have opened the affair. The exciseman was disposed to try bluster; but bluster does not always win a trick in the game, more especially when the ace of trumps, in the shape of a pistol, is held by the adversary. In this instance, after a long glance at the Highlander, the gauger's eyes wavered and fell; he swallowed hard in his throat once or twice, and lost colour; and finally he sat down in the seat from which a minute ago he had sprung full of fight. Then slowly, and almost as it seemed, against his own volition, his hand went out and closed on the whisky bottle. He helped himself largely, drank copiously, without diluting too much with water, but still said never a word. Now his colour came back a little, and he nibbled at the oatcake and cheese. Then more whisky. Gradually the man became talkative—even laughed now and then a trifle unsteadily. And all the time Donald kept on him a watchful eye, and had him covered, giving him no opportunity to turn the tables. For here the Highlander saw his chance. He had no wish to murder the gauger, but, at any price, he was not going to be taken. If, however, he kept the man a little longer in his present frame of mind, it was very evident that presently the exciseman would be too tipsy to do anything but go to sleep. And so it proved. From being merely merry—in a fashion somewhat tempered by the ugly, threatening muzzle of a pistol, he became almost friendly; from friendly he became aggrieved, moaning over the insult that a breekless Highlander had put on him; then the sentimental mood seized him, and he wept maudlin tears over the ingratitude and neglect shown to him by his superior officers; finally, in the attempt to sing a most dolorous song, he rolled off his seat and lay on his back, snorting.

As soon as he had satisfied himself that the enemy was genuinely helpless and not shamming, Donald promptly set about saving his own property. The exciseman's horse still stood where his master had left him, hitched to a rowan tree a few yards from the door. Him Donald impressed into his service, and long before morning everything in the hut had been removed to a safe hiding-place, and scarcely a trace was left to show that the law had ever been broken here, or that illicit whisky had been distilled.

Before daylight came, however, the exciseman had awakened in torment—a racking headache, deadly thirst, a mouth suggestive of a bird-cage, all, in fact, that a man might expect who had partaken too freely of raw and fiery whisky. He felt, indeed, extremely and overpoweringly unwell, as, with an infinity of trouble, he groped his devious way to the open air, and to the burn that went singing by. Here, after drinking copiously, he lay till grey dawn, groaning, the thundering of the linn incessantly jarring his splitting head. Then, when there was light enough, the unhappy man rose on unsteady feet, and started looking for his horse. A fruitless search; no sign of a horse could be seen, beyond the trampled space where he had stood the previous night, and a few hoof-prints in the soft, peaty soil elsewhere. There was no help for it; he must tramp; and with throbbing temples he pursued a tottering and uncertain course homewards. Next day he returned, full of schemes of revenge, and with help sufficient to overcome any resistance that Donald and his friends could possibly make, even if they thought it wise to attempt any resistance whatever, which was unlikely.

It was a crestfallen gauger that reached Donald's bothy on this second visit. He found his horse, it is true, pinched and miserable, and with staring coat, and without saddle or bridle. But of Donald or of the Still, or the products of that Still, not a sign—only a few taunting, ill-spelled words traced in chalk, with evident care and much painful toil, on the knocked-out head of an old cask.

In another part of this volume mention has already been made of Frank Stokoe, who, after being "out" in the '15 with Lord Derwentwater, died in great poverty. His family never again rose to anything like affluence, nor even to a status much above that of the ordinary labouring classes, but his descendants were always big, powerful men, perhaps slow of brain, but ready with their hands, and there was at least one of them who was afterwards well known in Northumberland. This was Jack Stokoe, a noted and very daring smuggler.

Jack lived in a curious kind of a den of a house far up one of the wild glens that are to be found in that moorland country which lies between the North and the South Tyne. It could scarcely be claimed that he was a farmer—indeed, in those days there was nothing to farm away up among those desolate hills—and therefore Stokoe made no attempt to pose as anything in the bucolic line; it was a pretty open secret that his real occupation was neither more nor less than smuggling. But he had never yet been caught while engaged in running a contraband cargo, and, whatever reason there may have been for suspicion, no revenue officer had ever had courage to make a raid on his house. There came, however, to that district a new officer, one plagued with an abnormally strong sense of duty, a "new broom," in fact, an altogether too energetic enthusiast who could by no means let well alone, but must ever be poking into other people's affairs in a way that began at length to create extreme annoyance in the minds of those honest gentlemen, the smugglers.

Now it chanced that this officious person had lately received sure information of the safe landing of an unusually valuable cargo, large part of which was reported to be stowed somewhere on Stokoe's premises, and he resolved to pay Jack a surprise visit. Accordingly, the Preventive man went to the nearest magistrate, demanding a warrant to search. The magistrate hummed and hawed. "Did the officer think it necessary to disturb Stokoe, who was really a very honest, douce lad? Well, well, if he must, he must, and there was an end of it! He should have the warrant. But Jack Stokoe was a man, he'd heard say, who had no liking to have his private affairs too closely inquired into, and if ill came of it—well, the officer must not forget that he had been cautioned. A nod was as good as a wink."

Notwithstanding these well-meant hints, the gauger made his way across the hills to Stokoe's house. He was alone, but then he was a powerful man, well armed and brave enough, and never in all his experience had a bold front, backed by the majesty of the law, failed to effect its end. If he found anything contraband there was no doubt in his mind as to the result. Stokoe should accompany him back as a prisoner.

There was no one at Stokoe's when the officer arrived, except Jack himself and a little girl, and when the gauger showed his warrant and began his search, Stokoe made no remark whatever, merely sat where he was, smoking. The gauger's search was very thorough; everything was topsy-turvy before many minutes had passed, but nothing could he find. There remained the loft, to which access was given by a ladder somewhat frail and dilapidated. Up went the gauger, and began tossing down into the room below the hay with which the place was filled. Quite a good place in which to hide contraband articles, thought he. And still Stokoe said never a word. Then, when all the hay was on the floor below and the loft bare, and still nothing compromising had been found, down came the gauger, preparing to depart.

"Hey! lassie," at length then came the deep voice of Stokoe; "gie me Broon Janet."

The little girl slipped behind the big box-bed, and handed out a very formidable black-thorn stick. Up then jumped Stokoe.

"Ye d——d scoundrel, ye've turned an honest man's hoose upside doon. Set to, and leave it as ye fand it. Stow that hay where it was when ye cam' here; and be quick aboot it, or I'll break every bane in your d——d body."

The gauger backed towards the door, and drew a pistol. But he was just a fraction of a second too late; "crack" came Stokoe's cudgel and the pistol flew out of his hand, exploding harmlessly as it fell, and before he could draw another he was at Stokoe's mercy. There was no choice for the man; Stokoe took away all his arms, and then compelled him to set to and put back everything as he had found it. There was nothing to be gained by obstinately refusing. Stokoe was a man of sixteen or seventeen stone, a giant in every way, and as brave as he was big—a combination that is not always found. He could, literally, have broken every bone in the gauger's body, and the chances in this case were strongly in favour of his doing it if his adversary chose to turn rusty. Truly "the de'il was awa' wi' the exciseman."

So for hours the unhappy Preventive officer toiled up and down that rickety ladder, carrying to the loft again all the hay he had so lately thrown down, and putting the whole house as far as possible again in the state in which it had been when he began his search. And all the while Stokoe sat comfortably smoking in his big chair by the fire, saying never a word.

At length the task was ended, and the gauger stood dripping with perspiration and weary to the sole of his foot and the foot of his soul, for all this unwonted work came on top of an already long day's duty. Then:

"Sit doon!" commanded Stokoe, an order that the poor man obeyed with alacrity and thankfulness. Stokoe slipped behind the box-bed, was absent a few minutes, and then returned, bringing with him a keg of brandy. Setting that upon the table, he was not long in drawing from it in a "rummer" a quantity of spirit that four fingers would never half conceal. "Now, drink that," he said, handing the raw spirit to his involuntary guest. Then when the liquor had all disappeared, said he: "You are the first that has ever searched my house. See you be the last! Ye're a stranger i' thae parts, so we'll say nae mair aboot it this nicht. But mind you this—if ever ye come again, see that ye be measured for your coffin before ye start."

Tradition has no record of Jack Stokoe having ever again been disturbed.



SALMON AND SALMON-POACHERS IN THE BORDER

What is it that causes a salmon to be so irresistible a temptation to the average Borderer? He knows that it is illegal to take "a fish" from the water at certain seasons, and at other times except under certain circumstances. Yet at any season and under any circumstances the sight of a fish in river or burn draws him like a magnet, and take it he must, if by any means it may be done outside the ken of the Tweed Commissioners and their minions. Even if he be a rigid observer of the law, a disciplinarian of Puritan fervour, in his heart he takes that salmon, and his pulse goes many beats faster as, standing on the bank, he watches the "bow wave" made by a moving fish in thin water, or sees it struggle up a cauld.

One can remember the case of a middle-aged gentleman, the most strict of Presbyterians, a church-goer almost fanatical in his attendance, one who would have suffered martyrdom rather than be compelled to forego long family prayers morning and evening; a man ordinarily rigid in his observance of the law to its last letter, unforgiving of those who even in the mildest manner stepped an inch beyond the line. Yet that old man, returning after long years to the scenes of his boyhood from a far land, where like Jacob of old he had "increased exceedingly, and had much cattle," when in remote Border waters one day he was tempted by the Evil One with a salmon, fell almost without a struggle. To secure that salmon the old gentleman must needs get exceeding wet; moreover, it was close time. There was no shadow of excuse. But he was a boy again; fifty years had slipped off his shoulders. And I know not what came of the salmon, but it left the water; nor do I know what the watcher said who came over the hill inopportunely. Maybe the trouser-pocket where the old gentleman kept his silver was a good deal lighter, and that of the watcher a good deal heavier, when the twain parted. And therein the old gentleman sinned doubly; for himself he broke the law, and he put temptation in the way of the watcher, and caused him also to sin and to be guilty of grave dereliction of duty. Yet there it was! The most rigid of his kind in pursuit of virtue and in observance of the law, saw "a fish"—and straightway, irresistibly the old Adam moved within him. Nay! Under certain circumstances hardly would one trust even a black-coated Border minister if a salmon provoked him too sorely.

In former days, many were the ways whereby a fish might be induced to quit his native element. Now, it is different; though even now possibly his end might not in every case endure too close scrutiny. But in the days when our grandsires and great-grandsires were young, salmon were regarded as of small value; they sold possibly at 2d. the pound, and servants in Tweedside homes were wont to bargain that they should not be forced to eat salmon every day of the week. Then, practically no method of capture was illegal; you might take him almost when, where, and how you pleased. Indeed, one reads that at St. Boswells in 1794 the neighbourhood was "seldom at a loss for a small salmon, which proves a great conveniency to families." It was not as if such a thing as a close season had never been known. Five hundred years before the date above mentioned there were laws in existence regulating the capture of salmon, and in the reign of James I of Scotland the law was most stringent. In 1424 it was enacted that "Quha sa ever be convict of Slauchter of Salmonde in tyme forbidden be the Law, he shall pay fourtie shillings for the unlaw, and at the third tyme gif he be convict of sik Trespasse he shall tyne his life." But the law had fallen into disuse—was, in fact, a dead letter; practically there was no "tyme forbidden," or at least the close season was as much honoured in the breach as in the observance, and, especially in the upper waters of Tweed and her tributaries, countless numbers of spawning fish were annually destroyed.

But as the salmon fisheries of Great Britain grew in value, so were various destructive methods of capturing the fish declared to be illegal, and many a practice that in earlier days was regarded as "sport" may now be indulged in not at all. Some of those practices were picturesque enough in themselves, and brimmed over with excitement and incident; indeed, as portrayed in the pages of Guy Mannering, they were, to use Sir Walter's own words, "inexpressibly animating." Such, for instance, were "burning the water" and "sunning." Others, such as rake-hooking, cross-lining, and decking salmon out of shallow water, were mere poaching devices with little redeeming virtue, commending themselves to nobody, except as a means of filling the pot.

Then there was the taking of salmon from the "redds" as they spawned, of all methods of capture the least allied to "sport," for the fish then were soft and flabby, and almost useless as food. Nevertheless, there was in that, too, a strong element of excitement, for the weapon used, the clodding or throwing leister, required no mean skill in the using. This throwing leister was a heavy spear, or rather a heavy "graip," having five single-barbed prongs of unequal length but regularly graduated. To the bar above the shortest prong was lashed a goats'-hair rope, which was also made fast to the thrower's arm, carefully coiled, as in a whaling-boat the line is coiled, so that it may run free when the fish is struck. This leister (or waster) was cast by hand at fish lying in not too deep water—generally, in fact, when they were on the spawning beds. It was with this weapon, as one may read in Scrope's Days and Nights of Salmon Fishing, that Tam Purdie—Sir Walter's Purdie—when a young man captured that "muckle kipper" that seemed to him to be the "verra de'il himsel'," so big was he. One Sunday forenoon, as he daundered by the waterside (instead of being, as he should have been, at church) Tam saw him slide slowly off the redd across the stream.