Circuit Court: trial of Alexander Walker

On Tuesday, the Court met at 10 o'clock, and proceeded to the trial of Alexander Walker, in New Pitsligo, accused of fraud, breach of trust, and imposition, in so far as William Robertson, in Upper Glaslaw, having called a meeting of his Creditors in the year 1815, at which it was agreed that John Ironside, at Nettensheads, should be Trustee on his estate, Robertson accordingly desired the prisoner to make out the Trust Deed, and gave him money to pay the stamp duty, which the prisoner retained, without preparing the deed.  Afterwards, a roup of Robertson's effects took place, at which the prisoner acted as Clerk, and wrote the bills granted thereat, and carried them home with him, under pretence of arranging them, the same being a few days afterwards to be delivered to John Ironside.  After repeated applications, the prisoner delivered the roup roll and certain of the documents to Ironside, and along with them a false bill, which he had fraudulently forged and prepared, in imitation of a genuine bill, for £12 10s 2d; and did fraudulently forge and counterfeit the subscription of the said John Ironside, and the mark of Elizabeth Robertson, to the same; and farther, in breach of the trust and confidence reposed in him, prisoner subscribed the genuine bill as drawer, and indorsed the same blank, and delivered it to William McCook, messenger, in payment of a debt which he was then employed to do diligence against the prisoner for; and all this with intent to cheat and defraud the said John Ironside and Elizabeth Robertson, who, when the genuine Bill fell due, were obliged to make payment of it, with interest and charges. to McCook, for behoof of his employers.  To these charges the prisoner pleaded Not Guilty; and after some debate, his Counsel, Mr Gordon of Craig stated, in bar of the prosecution, an omission of some material words in the copy of the criminal letters served upon the prisoner.  On account of this inaccuracy, the Advocate Depute departed from the prosecution in toto , and the Jury consequently returning a verdict viva voce of Not Guilty, the prisoner was dismissed from the bar.

Published in the Aberdeen Journal, Wednesday 1st October 1817.

Trials of James Elrick, Alexander Walker & George Lyon

On Monday last, the Circuit Court of Justiciary was opened here by the Right Hon. the Lords JUSTICE CLERK and HERMAND.

The first case that occupied the attention of the Court was that of James Elrick, residenter in Aberdeen, accused of various acts of theft, and of being habit and repute a thief.  To the first part of the charge the Pannel pled guilty; and the libel having been restricted to an arbitrary punishment he received sentence of transportation for 14 years.

The Court afterwards proceeded to the trial of Alexander Walker, alias John Brown, accused of horse-stealing; as well as being habit and repute a thief, aggravated by his having returned from banishment for the same crime.  To the whole of this charge, the Prisoner pleaded guilty.  The Advocate Depute, from the state of Walker's mind, and other circumstances, was induced to restrict the libel in his case also to an arbitrary punishment.

Tuesday Morning, the Court met again, when Walker received sentence of transportation for life, after a suitable admonition from Lord HERMAND.

The Court next proceeded to the case of George Lyon, Vintner, and eldest Baillie of the Burgh of Inverury accused of malversation of office, in having celebrated Clandestine Marriages, and taken and received pecuniary recompence.  The libel proceded on the Act, 1661, cap. 34; and also on the Common Law. - JAMES GORDON and HUGH LUMSDEN, Esquires, Advocates, appeared as Counsel for Mr Lyon, and stated various objections to the relevancy of the libel, as laid in the indictment, the greater part of which, after considerable discussion, were sustained; and that part only of the indictment which charged the pannel with receiving pecuniary recompence was found relevant; Mr Lyon denied the whole of the charge; and his Counsel declared their readiness to meet the Public Prosecutor on it; but Mr HORNE, Advocate Depute, from various circumstances, moved the Court to desert the diet PRO LOCO ET TEMPORE.  The Lord Justice Clerk observed that, between the present case, and that which occurred at Jedburgh last circuit, there was a marked distinction, in so far as that the pannel in the latter, were accused, and found guilty, of assuming the clerical profession, and in that characater celebrating marriages according to the established forms of our national church; whereas in the present instance, no such accusation appeared. - Lord Hermand coincided in opinion with his Lordship, and Mr Lyon was dismissed from the bar.

Published in the Aberdeen Journal, Wednesday 23rd September 1812.