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Kay's Originals Vol. 1

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BIOGRAPHICAL SKETCHES. 39 “ Sir George’s friend offered, that if Mr. Macrae would make an ample apology for the expression and the message delivered by his friend to Sir George, he would pledge himself that Sir George would make the servant stop the prosecution, or that he would dismiss him his service. Mr. Macrae did not agree to this, nor did his friend advise it. Every endeavour to conciliate having failed, and two hours having passed without being able to bring the parties to an accommodation, they went to the ground, and having taken their distance, about fourteen yards, they both fired at the same instant, by signal, as had been previously agreed upon. Sir George Ramsay received a wound in his body, of which he died on Friday morning, the 16th. Mr. Macrae and his friend went immediately from the field. Have since heard that Mr. Macrae was slightly wounded in the cheek. We have only to add, that no men ever behaved more like men of honour than they did on the occasion.” There can be little doubt that Captain Macrae in this unfortunate affair was highly blameable ; and so strong was the public feeling against him, that his counsel advised him not to stand a trial, for fear of the result. He therefore fled to France, and for some time took up his residence at the HGtel de la Dauphine in Paris. He was cited upon criminal letters, dated 26th May 1790, to take his trial for murder upon the 26th of July following.’ Sentence of outlawry was pronounced against him on that day for not appearing. This was followed by letters of denunciation, which were duly executed on the 28th of that month, and recorded next day. Previous to his outlawry, he took the precaution to convey his estate to trustees, who subsequently, but in conformity with his instructions, executed an entail of it. Before his exile, he married Miss Maria Cecilia Le Maistre, a lady by whom he had a son and a daughter. This unhappy gentleman died abroad on the 16th January 1820. The action brought by the servant was not finally determined till the month of February 1792, when the Sheriff having awarded damages and expenses, his judgment was brought under review of the Court of Session, and the cause came on before the Inner-House. The Court unanimously remitted the cause simpliciter to the Sheriff-thus affirming his judgment. There wit8 much contradiction in the evidence; and although it was proved that the servant had given a good deal of abusive language to Captain Macrae, yet their Lordships were of opinion that no abusive language whatever could justify the act of beating a man to the effusion of his blood. Some of the Judges indeed thought that there was, in determining the cause, a conjictus legum, and that it fell to be decided-in one way if they took it up, on the laws of the land-and in another, on what are called the laws of honour; but the Lord President observed, that as they were sitting as judges of a court of law, not of chivalry, they were bound to decide by the former. Sir Oeorge Ramsay, although married, left no issue, and was succeeded in his title and estate by his brother William. The indictment runs in name of “Dame Eleanor Fraser, relict of the decessed Sir George Ramsay of Bad, Baronet, and Sir Willism Ramsay of Banff, Baronet, hie brother-german.
Volume 8 Page 51
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