Your World of Legal Intelligence
 United Kingdom | +44 (0) 20 7284 8080

R v McGrowther (1746)

State Trials Cited in 8 Precedent Map Related
Vincent
JurisdictionEngland & Wales
Judgment Date01 January 1746
Date01 January 1746
Docket Number513
CourtState Trial Proceedings
513
513. The Trial of ALEXANDER MAC GROWTHER, for High Treason, at the Town-Hall, St. Margarets-hill, Thursday, July 31: 20 GEORGE II. A. D. 1746. THIS morning the right honourable the lord chief-justice Lee, the right honourable lord chief justice Willes, Mr. justice Wright, Mr. justice Foster, Mr. baron Reynolds, and Mr. baron Clive, came into court, and being seated, the Cryer made proclamation for silence ; and the keeper brought James Nicholson, a lieu. tenant in the duke of Perths regiment, and Donald Mac Donald, otherwise -David Mac Donald, otherwise Daniel Mac Donald, a captain in Cdppocks regiment, to the bar, and they desired to retract their former plea ; which the Court having granted, they pleaded guilty, and hoped the Court would recommend them to his majestys mercy. Alexander Mac Growther was then called, and put to the bar, and for his trial put himself upon God and his country, and after making tome exceptions, a jury was sworn to try him. The counsel for the king having opened the indictment, that the prisoner was a lieutenant in the duke of Perths regiment, they proceeded to call their witnesses, and Mr. Allen was called and sworn accordingly. Solicitor General. Pray, Sir, acquaint the Court of all that you know of the prisoner. Mr. Allen. There are two Mac Growthers, but this is the oldest, and he was a lieutenant in the duke of Perths regiment ; and the first time he was in arms in the Pretenders service was the latter end of last August. He was a tenant to the duke of Perth, and accepted a commission in the rebel service ; lie was called lieutenant in Perths regiment by the officers and soldiers, and marched in his highland dress with the rebels from their first beating up for volunteers in Scotland. He was at Edinburgh, and seemed very glad when the Pretender had got possession of the city, and encouraged the soldiers to be diligent, for that there was no fear of success, and if they were hearty, vigilant and active, he did not doubt but they should succeed. He wore a white cockade at Edinburgh, a dirk by his side, had pistols in his girdle, and a blue bonnet, and the highland rebels paid a great respect to him. He wasat Perth when possession was taken of that town by the Pretenders party, and always acted there as an officer ; and at every place where the rebels came was very warm in their cause, bidding the rebels under his command keep a good heart, and fear nothing.----He spoke this at the battle of Preston Pans ; and every...

To continue reading

Request your trial
5 cases
  • DPP for Northern Ireland v Lynch
    • United Kingdom
    • House of Lords
    • 12 March 1975
    ...P.C. Launchbury v. Morgans [1973] A.C. 127; [1972] 2 W.L.R. 1217; [1972] 2 All E.R. 605, H.L.(E.). M'Growther's Case (1746) Fost. 13; 18 St.Tr. 391. Madzimbamuto v. Lardner-Burke [1969] 1 A.C. 645; [1968] 3 W.L.R. 1229; [1968] 3 All E.R. 561, P.C. National Coal Board v. Gamble [1959] 1 Q.B.......
  • Ifeanyi Jude Akulue v R
    • New Zealand
    • Supreme Court
    • 19 September 2013
    ...17 R v Akulue, above n 5, at [27]. 18 Matthew Hale Pleas of the Crown (1 Hale PC, 1800) at 50. 19 See for instance R v MacGrowther (1746) 18 State Trials 391. 20 R v Gotts [1992] 2 AC 412 (HL) in the speeches of Lords Jauncey and Lowry. 21 James Fitzjames Stephen in A History of the Crimin......
  • Ifeanyi Jude Akulue v R
    • New Zealand
    • Supreme Court
    • 19 September 2013
    ...the risk of arbitrary outcomes. 18 19 20 Matthew Hale Pleas of the Crown (1 Hale PC, 1800) at 50. See for instance R v MacGrowther (1746) 18 State Trials 391. R v Gotts [1992] 2 AC 412 (HL) in the speeches of Lords Jauncey and There are few old cases on compulsion.21 Initially, the view was......
  • Whelan v National City Bank Ltd ; Attorney General v Whelan
    • Ireland
    • Court of Criminal Appeal (Irish Free State)
    • 20 December 1934
    ...on his second trial is reported post, p. 540. (1) 15 Cr. App. Rep. 149. (2) 14 Q. B. D. 273. (3) 7 T. R. 509, at p. 514. (1) Fost. 13; 18 How. St. Tr. 391; East, "Pleas of the Crown,"Vol. I, p. (2) 21 How. St. Tr. (judgment of the Earl of Mansfield) at 1223, 1225, 1230, 1291. (3) 5 C. & P. ......
    • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT