Chapter 2
Allen had never been in a courtroom before, he actually knew very little about the British legal system even though his father was a prominent lawyer in Edinburgh. His mother didn't want him to come to the trial, she thought it would be better for him to go to school, but his father had shook his head. David wanted him to come, "You ask what is so special about this trial Catorina? It's special because if I can win this case than anything is possible. That the pain the Stewart Clan has gone through with fighting against the English might not have been in vain. That there is a chance for the English to revoke the Act and we can be on the right path to healing the wounds from Culloden and the Appin murder." In the end, Allen was allowed to come but only if Catorina accompanied him, leaving Ursula with her nanny at home.
His mother explained to him the large and ornate courtroom with all the various people in it and their roles in the trial. David was on the right side of the room, facing the large white wig man who was known as Judge Fraser. Sitting on either side of David was Mr. Macgregor and George. On the other side was the Prosecution, which his mother clarified as the people who are accusing Mr. Macgregor of wrongdoing. The courtroom was full of people watching and placing bets on who was going to win. Catorina was nervously embroidering a pillowcase, occasionally pricking her finger as she poked the needle through the fabric, which would leave a small red stain on the fabric that she either didn't see or just ignored.
"Mum, why are you so worried?" His parents had been nervous all morning and the anxiety was starting to chip away at his excitement at coming to his first trial. Was he supposed to be worried about Mr. Macgregor? His father?
Catorina looked up from her embroidering to meet his eyes and Allen wasn't sure what unnerved him more. The worried expression in her eyes or seeing his mother so emotional instead of her usual calm amusement, "Because he may have chosen a case that he is unable to save. Mr. Macgregor may be a good man, but the rest of his family, over the generations, has given the clan a bad reputation. The jury and judge will be harder to win because they already have ideas and biased notions about your father's client. It doesn't help that what originally put him here was because he had murdered an Englishmen-"
"But that was on accident!" Allen interrupted, remembering the man's story. "He only hit the man, he doesn't know if he was the one to have actually killed him."
"It doesn't matter Allen how the event happened, the only thing that the jury and judge are going to note down is that a Highlander killed a defenseless Englishman." His mother's sad eyes turned to the defense table. "Look at what Mr. Macgregor is wearing. Do you know what that is?"
Mr. Macgregor was in a long red coat with breeches and presumably a beige waistcoat. "He's dressed in military formal. Isn't that appropriate?"
"Not necessarily, Mr. Macgregor wanted to wear what is known as a Tartan. Because he works in the military he would be allowed to wear it but your father had to convince him out of it. If he had come in wearing his traditional Scottish Highland dress than the jury and judge were going to be making assumptions that this was the Scottish attacking the English in a show of defiance. By wearing the British military formal attire, your father is making it appear that this was not a country rebelling but a lone individual person who actually does support the English by being a loyal British citizen."
"But isn't that why he hit the other man? Because Mr. Macgregor wanted to fight back?"
"Let's pray then that he doesn't actually say that during the examination or this trial is already over." Allen was going to ask another question when the clerk banged on the table shouting to get everyone's attention to settle down so the trial could start.
The prosecution stood up, their head attorney turning just a bit so he could face the jury and the judge, while still projecting to the gallery. "Honorable Judge Fraser and Jury. We have assembled here today to present a series of crimes committed by the rogue Highlander Naill Macgregor on October 10 of this present year, just two days ago. Mr. Macgregor is being persecuted for rebelling against crown and country by having the dirk in his possession and killing a man for no apparent reason. This man deserves to be looked at critically and decisively because if one of our own military men is willing to rebel against us, then what is to stop others from also rebelling against our proud nation? We are asking the Judge and Jury to condemn this man for life in his Majesty's colonies to serve as a punishment and reminder to the Scottish people what happens when rebellions occur. Thank you."
The man sat down and Allen started to understand why his mother was so worried, this wasn't a trial on if Mr. Macgregor was guilty or not. This was a trial on why he did it and the punishment that should come because of it. His stomach gave an unfamiliar squeeze as his father stood up, his warm voice filling up the space as he started his own speech of defense.
"Thank you gentlemen. Sergeant Macgregor on October 10 was having a peaceful dinner with his family when the late Thomas Baker, who was looking for a fight, had interrupted them. My defendant was only trying to protect himself and his family from the abusive verbal attacks of the man and the coroners are unclear about the actual cause of death Mr. Baker. While the plaintiff would like to vilify Mr. Macgregor, we would like to argue otherwise. That Mr. Macgregor is a patriot, having served over fifteen years in the military, and a man who was looking out for the welfare of his family. Instead of sending the man away, we ask that the punishment be forfeiting the family dirk, a public whipping of no more than 50 lashes and a warning so he can continue working in the military and furthering our nation's border, like a true patriot, and be a role model to other patriarchs of how a father should protect his family. Thank you." David Balfour sat down and his wife and child let out a long breath of air.
Having heard the other, the two turned to each other and gave a shaky smile. Maybe David could win this battle.
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