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Justice Delayed

'It is not often in life that you get the chance to right what seems a clear historical wrong.' Alex Salmond (2015)

Wednesday, February 28, 2024
5 mins

by Les Bertrand

Apologies for the grisly image heading this post. It is an approximation of what happened to the remains of James Stewart following his wrongful execution in November 1752.

Alex Salmond, in his The Dream Shall Never Die (2015):

'I've asked Bruce Lenman for a quick opinion on the Appin trial. There is a petition before the Parliament - from a Campbell no less - asking for a Royal pardon for James Stewart.

Devotees of Robert Louis Stevenson will recall that Alan Breck Stuart (who bore a king's name) may or may not have shot the Red Fox at Appin. What did happen for certain in historical terms is that his stepfather James Stuart was strung up by a majority Campbell jury with a Chief of the Clan Campbell on the bench just to make sure there was no mistake.

Cases such as this are usually turned down, for fear of opening a can of worms and setting a difficult precedent. However, I have decided to make a check or two with Frank Mulholland, the astute Lord Advocate, before we decide on this one.

It is not often in life that you get the chance to right what seems a clear historical wrong. Hence I have asked my old history prof for an informed opinion.'

According to the Wikipedia page about James Stewart: 'There is a movement afoot to gain a pardon for James of the Glens. In 2008, Glasgow lawyer John Macaulay asked the Scottish Criminal Cases Review Commission to reconsider the case on the grounds his study of the trial transcripts shows there was "not a shred of evidence" against StewartThe petition was denied due to the case being so old it was not in the interest of justice.As of 2010, the application lies with the Scottish Ministers.'

Given that that much has been made in recent years of the Scottish government's proposal to have Scottish witches pardoned (currently unresolved) we are wondering what happened to Alex Salmond's enquiry and whether or not any such 'movement' to secure a pardon is still active. If anyone can update us we would be very grateful.

For readers who are interested in reading more about the case, we recommend James Hunter's excellent Culloden and the Last Clansman (Mainstream, 2001).

Mr. Ross Maynard

4.0 out of 5 stars A Detailed History of Duror after Culloden

Reviewed in the United Kingdom on 14 September 2008

It was Robert Louis Stevenson who, in "Kidnapped", romanticised the tale of James of the Glen, Alan Breck and the murder of Colin Campbell, Hanoverian factor of confiscated lands. James of the Glen was hanged as an accessory to the murder in 1752, and Alan Breck fled to France accused of firing the fatal shot. Now a memorial stands at the site of James' hanging, directly under the Ballachulish Bridge (south side); while a mile or two towards Duror the site of the murder is also marked on Forestry Commission land - an atmospheric spot. James Hunter's book takes us as close to the truth of the events in the case as it is possible to get. The book is immensely well researched and very detailed - and it is best read with a map of the area to hand to locate the places involved.

James Hunter is clear that the evidence against James of the Glen was largely trumped up to reinforce the iron fist of Hanoverian rule after Culloden. Mr Hunter is also clear that the evidence against Alan Breck is inconclusive. It would have made an interesting chapter to explore the lives of the other possible suspects in more detail but sadly, at this distance, the evidence does not exist to point any fingers, or even to name all the suspects.

The book will be of most interest to those who want to know the truth of the "Kidnapped" story, and those who know and love Duror. It is well written, though if you have little or no connection to the area you may find it too detailed to be compelling. For lovers of the area, this is a must-read.

Anthony Cooper

5.0 out of 5 stars A Great Scottish Hero And Martyr

Reviewed in the United Kingdom on 9 March 2007

James Hunter lays before the reader an inspiring account of the life of James Of The Glen, an unsung hero. Besides his use of documented historical source materials, he makes use of local folklore to give a more rounded portrait of James Stewart. Stewart is revealed as the foster father of the historical Alan Breck. Breck was later incorporated into Robert Lewis Stevenson's best selling novel Kidnapped, in which he rescues David Balfour, the novel's main character. Hunter reveals the barbarity visited upon those Highland Scots who had remained loyal to the deposed Stuart king, James VII. The German prince, The Duke of Cumberland, and a number of his officers are accurately depicted as cruel tyrants. This historical work exposes the genocidal policy of the British State, in regard to the Highland clans. It is shocking, that Scottish school children have been purposely denied a full knowledge of these events, events that could be described as the Scottish holocaust. I thoroughly recommend this excellent book. Anthony Cooper (co-author William Wallace Robin Hood Revealed)

Best Written Highland Documentary I've Read. Better than fiction...

Reviewed in the United States on 8 September 2010

Verified Purchase

I read this book cover to cover in record time. I could not put it down. I actually keep it handy and reference it regularly when I need to refresh on particular facts. What a fantastic account of events at a pivotal time in Scottish history. Hunter has a writing style and a such a grasp for the events, thoughts and feelings of Jacobites and Hanovarians of the time that you cannot help but be transported in time to view all occurrences practically in person. Culloden and the Last Clansman was enjoyable on so many levels that I have to recommend it to anyone that enjoys reading. If you are a history buff especially, you cannot miss this one. Furthermore, if you are into Scottish history, it is probably a sin not to read this one or at least ought to be.

Thank you, Dr. James Hunter for your efforts on this book as well as your dedication to Highlands in general.

James Stewart of the Glen - Wikipedia

About | Witches of Scotland

Should ‘Witches’ Receive Posthumous Pardons? – Legal History Miscellany

Last Clansman Trail Page on Undiscovered Scotland

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