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Scottish Court of Session Decisions >>
Lord Rutherford v Captain Rutherford. [1671] 2 Brn 563 (27 July 1671)
URL: http://www.bailii.org/scot/cases/ScotCS/1671/Brn020563-0950.html
Subject_2 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Lord Rutherford v. Captain Rutherford
Date: 27 July 1671
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In the foresaid improbation mentioned at No. 101, betwixt my Lord Rutherford and Captain Rutherford, the Advocates in their reasoning entering upon the matter, the Lords ordered Robert Hamilton, macer, to go and bring the defender out of the tolbooth, where he had lain of a long time before, to their presence, in case there should any thing occur whereon he might be interrogated by them. While he is coming over, he pretends there were some papers in Colliston's chamber in Besse Wind which would be of great use to him if he took them with him, and therefore begged leave to fetch them, and paroled he should presently return. The macer trusting him simply, Rutherford makes his escape; the rumour whereof running up and down the town, Towie Barclay, who was lately but released from his confinement at Glasgow, comes in to the Lords in the Inner House, and proffered to find him out and fetch him again within an hour; which accordingly he did with a great deal of zeal, expressing that he could not abide cheatry by any thing in the world. Such persons know one another's lurking places so well.
