Page:Notes and Queries - Series 12 - Volume 5.djvu/49

 12 S. V. FEB., 1919.]

NOTES AND QUERIES.

43

COL. A. R. MACDONELL'S DUEL WITH NORMAN MACLEOD.

(12 S. v. 9.)

IT is rather a remarkable circumstance that, with one exception, none of th standard works on duelling make an' mention of this affair, notwithstanding the fact that one of the principals was chief of an important clan, and was triec and acquitted on the charge of murder No allusion to it will be found in Douglas's Duelling Days in the Army,' in Steinmetz's Romance of Duelling,' or in Thimm's ' Biography of Fencing and Duelling ' nor is it included in a long list of duels in ' Haydn's Dictionary of Dates,' or recorder in the pages of 'The Annual Register.'

The sole exception, so far as I have bee able to discover, is a brief reference to the incident in Sabine's 'Notes on Duels and Duelling,' which, beyond stating that the combat took place in Scotland, does not -even mention the date. This book has long been out of print, and is not to be found even in the British Museum Library. In these circumstances I may perhaps be pardoned for giving the particulars in some detail, as they will doubtless be read with interest by others as well as R. M. H.

In the first place, the duel did not take place at Fort William, but on the beach between Fort George and Ardersier, in 1798 ; and Macdonell was tried for murder, not at Inverness, but at Edinburgh, where he was remarkably ably defended by Henry Erskine, the Lord Advocate.

Macdonell of Glengarry was a great friend of Sir Walter Scott, who is supposed to have taken him as a model for Fergus M'lvor in 'Waverley.' He was dictatorial, violent- tempered, but generous and kind-hearted withal. Scott's estimate of him will be found in his diary in Lockhart's 'Life.' However, to come to his quarrel with Lieut. MacLeod of the 42nd Highlanders. In 1798, at a military ball at Inverness, Macdonell approached a Miss Forbes of Culloden afterwards Mrs. Duff of Muir- town reminding her that she had promised him the last country dance. She had no recollection of such promise, and told the -colonel that she was engaged for it to another man. Macdonell, however, was not dis- posed to yield, and continued to press his

claim, when Lieut. MacLeod, who was sitting by Miss Forbes, remarked, " Why do you tease the lady ? Can't you allow her to choose for herself ? " On that Macdonell transferred his attention to MacLeod. Later in the evening, in the messroom of the 79th, high words passed between them, which ended by Macdonell striking MacLeod over the head with his cane and kicking him. MacLeod, who was a grandson of Flora MacDonald, and quite a youth at the time, promptly drew his dirk, but before he could retaliate they were separated. A challenge of course followed. At the first shot Mac- Leod fell, and died a few days later. Macdonell had offered to apologize, but MacLeod refused to accept it unless the chief consented to give up the cane with which he had. struck him, to be used as MacLeod thought fit. To this condition Macdonell declined to assent. He was tried for murder at Edinburgh, and only the skill and eloquence of his counsel,' Erskine, secured his acquittal, though the jury added a rider to their verdict highly disapproving of Macdonell's conduct at the "beginning of the affair.

What Henry Erskine thought of Mac- donell may be judged by the fact that he refused to accept an invitation to a banquet given by the chief's friends in honour of his acquittal, on the ground that " his admira- ion of the part played by his client in the ate tragedy was not sufficiently strong to admit of his being present."

WlLLOTJGHBY MAYCOCK.

Col. Macdonell's duel is briefly mentioned n Mackenzie's ' History of the Macdonalds,' >. 358, and in ' The Clan Donald,' by the ilev. A. Macdonald, vol. ii. p. 484. A full eport appears in The Scots Magazine for .798, pp. 646 seq. The trial took place on Aug. 7, 1798, at Edinburgh (not Inverness, as stated by Mackenzie), before Lord SCskgrove and a jury. Lord Advocate Robert Dundas appeared for the Crovi n, and he Hon. Henry Erskine was leading counsel or the panel. The indictment -was for the nurder of Lieut. Norman Macleod of the 2nd Regiment by shooting him with a istol in a duel near Fort George on May 3, 798. Macleod died of the wound on une 3.

Mrs. Duff (formerly Miss Forbes of iulloden) gave evidence that she was at a all at Inverness on May 1, that she was ngaged to dance a particular dance with a [r. Ranald M'Donald, and that Glengarry