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.
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