persons must have forced their passage among the oaks, hazels, and underwood with which they were mingled; and in some places appeared traces as if a sack full of grain, a dead body, or something of that heavy and solid description, had been dragged along the ground. In one part of the thicket there was a small swamp, the clay of which was whitish, being probably mixed with marl. The back of Kennedy's coat appeared besmeared with stains of the same colour.
At length, about a quarter of a mile from the brink of the fatal precipice, the traces conducted them to a small open space of ground, very much trampled, and plainly stained with blood, although withered leaves had been strewed upon the spot, and other means hastily taken to efface the marks, which seemed obviously to have been derived from a desperate affray. On one side of this patch of open ground was found the sufferer's naked hanger, which seemed to have been thrown into the thicket; on the other, the belt and sheath, which appeared to have been hidden with more leisurely care and precaution.
The magistrate caused the footprints which marked this spot to be carefully measured and examined. Some corresponded to the foot of the unhappy victim; some were larger, some less; indicating that at least four or five men had been busy around him. Above all, here, and here only, were observed the vestiges of a child's foot; and as it could be seen nowhere else, and the hard horse-track which traversed the wood of Warroch was contiguous to the spot, it was natural to think that the boy might have escaped in that direction during the confusion. But, as he was never heard of, the Sheriff, who made a careful entry of all these memoranda, did not suppress his opinion, that the deceased had met with foul play, and that the murderers, whoever they were, had possessed themselves of the person of the child Harry Bertram.
Every exertion was now made to discover the criminals. Suspicion hesitated between the smugglers and the gipsies. The fate of Dirk Hatteraick's vessel was certain. Two men from the opposite side of Warroch Bay (so the inlet on the southern side of the Point of Warroch is called) had seen, though at a great distance, the lugger drive eastward, after doubling the headland, and, as they judged from her manoeuvres, in a disabled state. Shortly after, they perceived that she grounded, smoked, and finally took fire. She was, as one of them expressed himself, 'in a light low' (bright flame) when they observed a king's ship, with her colours up, heave in sight from behind the cape. The guns of the burning vessel discharged themselves as the fire reached them; and they saw her at length blow up with a great explosion. The sloop of war kept aloof for her own safety; and, after hovering till the other exploded, stood away southward under a press of sail. The Sheriff anxiously interrogated these men whether any boats had left the vessel. They could not say, they had seen none; but they might have put off in such a direction as placed the burning vessel, and the thick smoke which floated landward from it, between their course and the witnesses' observation.
That the ship destroyed was Dirk Hatteraick's no one doubted. His lugger was well known on the coast, and had been expected just at this time. A letter from the commander of the king's sloop, to whom the Sheriff made application, put the matter beyond doubt; he sent also an extract from his log-book of the transactions of the day, which intimated their being on the outlook for a smuggling lugger, Dirk Hatteraick master, upon the information and requisition of Francis Kennedy, of his Majesty's excise service; and that Kennedy was to be upon the outlook on the shore, in case Hatteraick, who was known to be a desperate fellow, and had been repeatedly outlawed, should attempt to run his sloop aground. About nine o'clock A.M. they discovered a sail which answered the description of Hatteraick's vessel, chased her, and, after repeated signals to her to show colours and bring-to, fired upon her. The chase then showed Hamburgh colours and returned the fire; and a running fight was maintained for three hours, when, just as the lugger was doubling the Point of Warroch, they observed that the main-yard was shot in the slings, and that the vessel was disabled. It was not in the power of the man-of-war's men for some time to profit by this circumstance, owing to their having kept too much in shore for doubling the headland. After two tacks, they accomplished this, and observed the chase on fire and apparently deserted. The fire having reached some casks of spirits, which were placed on the deck, with other combustibles, probably on purpose, burnt with such fury that no boats durst approach the vessel, especially as her shotted guns were discharging one after another by the heat. The captain had no doubt whatever that the crew had set the vessel on fire and escaped in their boats. After watching the conflagration till the ship blew up, his Majesty's sloop, the Shark, stood towards the Isle of Man, with the purpose of intercepting the retreat of the smugglers, who, though they might conceal themselves in the woods for a day or two, would probably take the first opportunity of endeavouring to make for this asylum. But they never saw more of them than is above narrated.
Such was the account given by William Pritchard, master and commander of his Majesty's sloop of war, Shark, who concluded by regretting deeply that he had not had the happiness to fall in with the scoundrels who had had the impudence to fire on his Majesty's flag, and with an assurance that, should he meet Mr. Dirk Hatteraick in any future cruise, he would not fail to bring him into port under his stern, to answer whatever might be alleged against him.
As, therefore, it seemed tolerably certain that the men on board the lugger had escaped, the death of Kennedy, if he fell in with them in the woods, when irritated by the loss of their vessel and by the share he had in it, was easily to be accounted for. And it was not improbable that to such brutal tempers, rendered desperate by their own circumstances, even the murder of the child, against whose father, as having become suddenly active in the prosecution of smugglers, Hatteraick was known to have uttered deep threats, would not appear a very heinous crime.
Against this hypothesis it was urged that a crew of fifteen or twenty men could not have lain hidden upon the coast, when so close a search took place immediately after the destruction of their vessel; or, at least, that if they had hid themselves in the woods, their boats must have been seen on the beach; that in such precarious circumstances, and when all retreat must have seemed difficult if not impossible, it was not to be thought that they would have all united to commit a useless murder for the mere sake of revenge. Those who held this opinion supposed either that the boats of the lugger had stood out to sea without being observed by those who were intent upon gazing at the burning vessel, and so gained safe distance before the sloop got round the headland; or else that, the boats being staved or destroyed by the fire of the Shark during the chase, the crew had obstinately determined to perish with the vessel. What gave some countenance to this supposed act of desperation was, that neither Dirk Hatteraick nor any of his sailors, all well-known men in the fair trade, were again seen upon that coast, or heard of in the Isle of Man, where strict inquiry was made. On the other hand, only one dead body, apparently that of a seaman killed by a cannon-shot, drifted ashore. So all that could be done was to register the names, description, and appearance of the individuals belonging to the ship's company, and offer a reward for the apprehension of them, or any one of them, extending also to any person, not the actual murderer, who should give evidence tending to convict those who had murdered Francis Kennedy.
Another opinion, which was also plausibly supported, went to charge this horrid crime upon the late tenants of Derncleugh. They were known to have resented highly the conduct of the Laird of Ellangowan towards them, and to have used threatening expressions, which every one supposed them capable of carrying into effect. The kidnapping the child was a crime much more consistent with their habits than with those of smugglers, and his temporary guardian might have fallen in an attempt to protect him. Besides, it was remembered that Kennedy had been an active agent, two or three days before, in the forcible expulsion of these people from Derncleugh, and that harsh and menacing language had been exchanged between him and some of the Egyptian patriarchs on that memorable occasion.
The Sheriff received also the depositions of the unfortunate father and his servant, concerning what had passed at their meeting the caravan of gipsies as they left the estate of Ellangowan. The speech of Meg Merrilies seemed particularly suspicious. There was, as the magistrate observed in his law language, damnum minatum?a damage, or evil turn, threatened?and malum secutum?an evil of the very kind predicted shortly afterwards following. A young woman, who had been gathering nuts in Warroch wood upon the fatal day, was also strongly of opinion, though she declined to make positive oath, that she had seen Meg Merrilies?at least a woman of her remarkable size and appearance?start suddenly out of a thicket; she said she had called to her by name, but, as the figure turned from her and made no answer, she was uncertain if it were the gipsy or her wraith, and was afraid to go nearer to one who was always reckoned, in the vulgar phrase, 'no canny.' This vague story received some corroboration from the circumstance of a fire being that evening found in the gipsy's deserted cottage. To this fact Ellangowan and his gardener bore evidence. Yet it seemed extravagant to suppose that, had this woman been accessory to such a dreadful crime, she would have returned, that very evening on which it was committed, to the place of all others where she was most likely to be sought after.
Meg Merrilies was, however, apprehended and examined. She denied strongly having been either at
