Darby O'Brien, of Ballenahoun, in the county of Galway, Ireland, deponed
that he was aged above 100 years; that he remembered Major Hugh Galbraith,
and " never heard to the contrary of his being a Scotsman." This old Galway man
of 100, and Daniel Glenane, the other, who was 105, gave a great deal of other
very minute but trifling evidence, which proved at least that they had singularly
unimpaired memories, considering their all but unheard-of old age. But the
crowning piece of evidence, which proved conclusively that the Major was a
Scotsman, was given by Patrick M'Hugo, who swore he recollected "to have
seen a Highland plaid morning gown, lined with green calamanco, which



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deponent heard and believes had been the said Major Hugh Galbraith's, and
deponent often saw it hanging up in a closet in Cappahard House; and said
he believed it to have been the Major's, because he heard so from the family,
and often saw James Galbraith, the present claimant's father, wear it in the
morning." Another witness deponed that "he saw at Cappahard a Highland
plaid morning gown, which deponent heard had been the Major's, and said
it was not the fashion in ancient times for any person but Scotsmen to wear
plaids, and never in his life saw anyone wear a plaid but a Scotsman."

James Galbraith's case was that the Major, Hugh Galbraith, the third
substitute in the entail, was not Major Hugh Galbraith of Cappahard, but
Major Hugh Galbraith of St. Johnston, in the county of Longford — quite a
different man, who had died leaving no issue, and consequently all the other
substitutes in the entail and their descendants being dead, he — James Galbraith —
was entitled to the estate.
