“There were two men
in one city: the one rich and the other poor.
The rich man had exceeding many flocks and herds.
But the poor man had nothing but one ewe lamb; which he had bought and
nourished up; and it grew up together with him and with his children; it
did eat of his own meat, and drank of his own cup.”
II. Samuel, xii. chapter, 1, 2 and 3 verses.
On a narrow green bank between the public highway and the sea at the
upper end of Loch Duich stands the appropriately named hamlet of
Cairngorm. Before the days of deer forests when the district was the
home of those faithful feifs of the High Chief of Kintail, the big and
wild Macraes, the neighbouring hills and glens maintained game and
cattle, and the adjacent sea provided ample supplies of fish for the
sustenance of the clansmen. But at the time of which I write even the
more modern ewe and wedder had disappeared; the land had become a
gigantic sanctuary for the red deer; while over its vast stretches of
hill and dale only ONE RICH AMERICAN MILLIONAIRE, and his servile
ghillies, had a legal right to roam. The few people left in the little
hamlet had not even bits of garden ground attached to their dwellings.
They were indeed the lawful occupiers of only the few square feet of
ground upon which their wretched houses stood; so that when he stepped
off the narrow public highway the cottar of Cairngorm became in the eyes
of the law a trespasser, liable to be interdicted at the instance of the
landlord or his sporting tenant.
Among the few remnants of the clan who still lingered in the old hamlet
was a certain Murdo Macrae, who earned a precarious living by cobbling
the village shoes, and by occasioned employment on a big farm in the
neighbourhood. In the dim twilight of a bleak spring evening, some
twenty years ago, Murdo, wending his way homewards over the moorland,
heard the feeble bleating of a lamb. The creature had lost its mother
and was perishing. Undoubtedly it would have died of starvation that
night had not Macrae, pitying the suffering animal, picked it up and
carried it to his home at Cairngorm. By careful nursing and feeding in
the warmth of his homely hearth, the animal recovered and soon became
the pet of the household. It was the constant follower and companion of
his children, and scampered with them in play around their humble home.
This lamb became notorious.
The cottage was romantically situated overlooking the dark land locked
and placid waters of the loch, while all around stood that grandest and
wildest of highland mountain groups commonly known as the Five Sisters
of Kintail. The public highway passes within a few feet of the back
wall, while on the opposite side, and bounded by the unfenced road, lay
the
DEER FORESTS OF MR. WINANS.
At that time these forests extended continuously under various
proprietors from that particular spot to the Castle of Beaufort, at the
head of the Beauly Firth. This vast stretch of county embraces an area
of about 200,000 acres. It was a strange contiguity. On the one side of
the road a few square feet—on the other 300 square miles of mountain,
strath, and moor; the occupant of the one, a humble shoemaker— the
tenant of the other, a proud millionaire. The last thing one would
expect to occur between these two persons is a litigation over the
rights and privileges of their respective possessions. Yet it so
happened twenty years ago, and the English speaking world looked on in
amazement and indignation. It was all over that symbol of innocence the
little pet lamb, and it was in this wise. Between the public road as it
passes the cottage and the lowest slope of the Morrich Hill, there is a
strip of level ground on which the pasture is uncommonly sweet. In his
gambols about the cottage, the lamb sometimes found its way on to this
piece of ground, and now and again it nibbled at the grass. A zealous
gamekeeper reported the trespass to his master, and thereupon the poor
cobbler was summoned to the
SHERIFF COURT AT DINGWALL
in an action which prayed the court to interdict him from trespassing
upon Mr. Winan’s 300 square miles, by allowing his lamb to leave the
road and eat the grass that ought to have fed his stags. It was an
unequal contest, suggestive of the scriptural battle between David and
Goliath, and the parable of Nathan, partly quoted at the head of this
article. The highest legal talent was employed on the side of the rich
man, while the poor man had to rest content with such legal assistance
as he was able to procure. The proof occupied several days, and so keen
was the interest taken in the case that there sat on the bench by the
side of the Sheriff ladies and gentlemen of the landlord class, among
whom was the genial son of the proprietor of Kintail, then Mr., now Sir
Allan Mackenzie, the popular laird of Glenmuick. It was an unusual
spectacle in the little court house, and it is needless to say that,
with the exception of the lawyers who represented Mr. Winans, all
present manifested genuine sympathy with the persecuted cottar. To the
great disappointment of the public, Mr. Winans declined to submit
himself for examination in open court. His evidence was taken privately
in London before a Commissioner appointed by the Sheriff, in the course
of which he frankly and brutally stated that he cared nothing about the
lamb, and that his chief object was to have the people evicted from
their homes. It is due to the memory of the Landlord, the late Sir James
Mackenzie, to say that he strongly resisted all efforts to have the
people removed, and had successfully contested a law plea with Winans,
the object of which was to compel Sir James to evict the people from
Cairngorm.
The long proof was at last ended, the case was debated, and in a few
days the Sheriff Substitute issued judgment in favour of Macrae, and
thus in the first round right prevailed over might. An appeal was noted,
the case was again debated, this time before the Sheriff Principal. By
arrangement it took place in the Parliament House at Edinburgh, and the
leading Scottish Newspapers fully reported the discussion. The decision
of the Sheriff Substitute was reversed, judgment given in favour of the
millionaire, and the second round ended in the victory of might over
right. By this time public interest in the litigation became intense.
THE HIGHLAND LAIRDS
themselves openly
expressed sympathy with Macrae, and well they might, for the land laws
in virtue of which they held their estates were being stretched to the
breaking point and placed in serious jeopardy. The third and final round
was fought in the Court of Session, whither the case was taken on
appeal. It resulted in a gratifying and conclusive victory for right,
and one more proof of the spotless integrity of the Scottish Bench. The
Judges were the present Lord Justice Clerk, and Lords Young, Craighill
and Rutherford-Clark, who have since all passed off the Bench with the
exception of the first named. The late Sheriff Comrie Thomson, and the
present Lord Pearson, were Counsel for Winans, while Macrae was
represented by a young Advocate, then Mr. Graham-Murray, now Lord
Dunedin, the Lord President of the Court of Session, who was at the time
rapidly rising into eminence at the Bar. Mr., now Professor Neil J. D.
Kennedy, of Aberdeen, was Junior Counsel on the same side. The debate in
the Second Division continued for two days, and, as already indicated,
resulted in
A DECISIVE VICTORY
for the poor man, while Mr. Winans was found liable in all costs. I had
the pleasure of listening to the two days’ debate, and the still greater
pleasure of hearing the final judgment delivered. Never can I forget the
expression of contempt with which Lord Young in the course of his speech
uttered these scornful words:—
“If he wants to protect his 200,000 acres
“from being invaded in that way—against
“children toddling on to the grass at the
“roadside, or against the gambols of a
“lamb or a cat or a kitten—I say if he
“wants to exclude those he must adopt
“other means of doing so, for I decline to
“be a party to the fencing of this man’s
“ground by means of an interdict of Her
“Majesty’s Judges.”
All the Scotch and many of the English and American newspapers contained
leading articles expressing the utmost satisfaction, and there never was
a legal decision that commanded more universal approbation among all
ranks and classes of the people.
To most persons Mr. Winans and his ways were contemptible and offensive:
to some he was an interesting psychological study. They speculated on
the motives of the man, who adding one great forest to another,
continued to pay annually enormous rents to Highland proprietors, and
retained in his service at the highest wages an army of gamekeepers and
watchers, while over the wide acres of Kintail, which he held for a
period of ten years, if not also over other forests of which he was
lessee, he had never stalked a stag or fired a rifle. He might have been
on rare occasions in the upper reaches of Glen Affric, but he never saw
the dark recesses of Glen Lick, or climbed the Alpine slopes of Ben
Attow. So it followed that the whole of that wild romantic region
remained for ten long years a silent sanctuary of the eagle and the
stag. It was said, and it seems highly probable, that this gigantic
afforestment, and his apparent oppression of the people, arose not from
any love of seclusion or misanthropical propensities, but from a
malicious desire to bring the whole system of Highland land tenure into
disrepute, not by any means in the interests of the crofters, but for
the damage of the Highland lairds, with some of whom he had happened to
quarrel.
Those who are old enough
to remember the troubles which resulted in the passing of that
CHARTER OF CROFTING RIGHTS,
The Crofters’ Holdings Act of 1886, will recollect how valuable the
conduct of Mr. Winans had proved as an object lesson in the agitation
which led up to the enactment of that beneficial piece of legislation.
It is remarkable that within twelve months, almost to a day, of the date
on which the Court of Session bowled over Mr. Winans, the Crofters’ Act
became the law of the land. To all which we may apply the riddle of the
Old Testament:—
“Out of the eater came forth meat:
“Out of the strong came forth sweetness.”
The little quadruped which was the unconscious cause of so much human
commotion became the property of Sir Allan Mackenzie, and was exhibited
at a Bazaar in Dingwall shortly after the case was decided. Crowds of
people willingly paid for a sight of the lamb that had become so famous,
and there never was an animal that caused so much noise in the world, or
one that poured so much hard cash into the pockets of the lawyers.
Mr. Winans long ago passed out of Kintail, and shortly afterwards out of
the world; but Macrae still sits in the old cottage on the green banks
of Cairngorm.
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