Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL
Subject_2 SUMMER SESSION.

Hugh Wallace
v.
Hugh Campbell and Hugh Archibald

Date: 17 April 1684

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Hugh Wallace, servitor to Sir William Wallace of Craigie, pursues Hugh Campbell, Cesnock's son, and Mr Hugh Archibald, agent, for calumny and defamation of him, in alleging he had tampered to corrupt and seduce the witnesses against Cesnock. The defence, by way of reconvention, was, first, That the condescending on him in the criminal court as the practiser of the witnesses was necessary, being forced thereto by the Justice-General, who repelled the objections of subornation otherwise proponed in general. 2dly, They had probable grounds to think he had been over active; for some of Cesnock's witnesses deponed that he had drunk with them, and given one of them a little money, and pumped what they could say against Cesnock; and quævis probabilis causa excusat a calumnia.

The Lords found both the libel and reconvention relevant; and admitted both to probation.

Vol. I. Page 295.