1752: James of the Glen

Add comment November 8th, 2013 Headsman

On this date in 1752, the Scotsman Seamus a’ Ghlinne mounted a gallows above the narrows at Ballaculish with the reproach of Psalm 35 for his persecutors:

False witnesses rose; to my charge things I not knew they laid.
They, to the spoiling of my soul, me ill for good repaid.

Seamus a’Ghlinne — James of the Glen, or just James Stewart — had come there that day to die for the ambush murder of Colin Roy Campbell.

The victim was stock of Clan Campbell, one of the largest Highland clans and one whose loyalties to England’s Hanoverian kings were being richly rewarded.

The Stewarts, who had backed the recent ill-fated Jacobite rebellion in favor of the exiled pretender Bonnie Prince Charlie, were in the opposite predicament.

Colin Campbell was said on that fatal May 14 to be en route to expel the Stewarts from the village of Duror so that Campbells could move in. But even Campbell’s everyday job of extracting resentful rents from estates repossessed from Jacobite sympathizers would have turned many a murderous eye his way.

Someone that day shot Colin Campbell in the back from wooded cover, then vanished, murderous eye and trigger finger and all, never to be never apprehended. So they got James Stewart to answer for it instead.

This wasn’t a tragic case of well-intentioned police developing tunnel vision on the wrong suspect so much as repaying tit for tat in a family feud. The trial was held at the Campbells’ Inverary Castle. Its presiding judge was the Campbell alpha male, the Duke of Argyll. Eleven more Campbells sat on Stewart’s jury. But then, from the Campbells’ side, or London’s for that matter, what was to say that this one murder might not be the germ of a new rebellion if not ruthlessly answered?

Still, there was “not a shred of evidence,” says present-day Glasgow barrister John Macauley, who is pushing for an official reversal of the verdict. “The whole thing from start to finish was a farce.” (Judge for yourself here.)

James Stewart was, however, the foster father of a man who actually was suspected of firing the shot, Allan Breck Stewart, a former Jacobite fighter who had returned from exile in France to collect rents for the Stewarts. Known to have threatened the Campbells previously, Allan was also tried and condemned to death — but only in absentia, since he suspiciously fled to France immediately after the so-called Appin Murder.

Many years later, Robert Louis Stevenson would use this dramatic crime, and Al(l)an Breck’s flight to safety, in Kidnapped. “I swear upon the Holy Iron I had neither art nor part, act nor thought in it,” Stevenson’s Alan says to the fictional protagonist in the novel, just after both have witnessed the murder.

And in reality, Alan too is thought by those who know the case to be clear of guilt in the matter. The Stewart family reputedly knew all along which of their number was Campbell’s real killer, but refused to give him up and kept the family secret for generations. It’s even said that that man had to be forcibly held down on execution day to prevent him giving himself up.

To judge by the most recent research, that man was likely Donald Stewart, the son of Stewart of Ballachulish and the best shot among a group of several young hotheads who resolved together to slay the Campbells’ hated Factor. The conspiracy also goes as the reason — or at least excuse — for keeping Donald silent, since in giving himself up he might see all four of them to the gallows. The late Lee Holcombe makes a comprehensive case for Donald Stewart as the gunman in the 2004 book Ancient Animosity: The Appin Murder and the End of Scottish Rebellion; Donald Stewart was also fingered publicly in 2001 by a matriarch of the Stewarts of Appin, though others of her family have not publicly confirmed that that’s the secret name.

James Stewart’s decaying corpse remained gibbeted on the spot of his execution for 18 months after, a rotting warning to the Stewarts or any late Jacobites. In 1754, a local halfwit called “Daft Macphee” finally tore down the gallows and threw it into Loch Linnhe … but its former position overlooking the modern Ballachulish Bridge is still marked by a mossy stone monument to James of the Glen, “executed on this spot Nov. 8th 1752 for a crime of which he was not guilty.”

A Few Books About the Appin Murder

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Entry Filed under: 18th Century,Arts and Literature,Capital Punishment,Crime,Death Penalty,England,Execution,Gibbeted,Hanged,History,Innocent Bystanders,Murder,Public Executions,Ripped from the Headlines,Wrongful Executions

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