Trial of Robert Hay

On Monday last, the Circuit Court of Justiciary was opened here by Lords Hermand and Succoth.

After the usual preliminaries, the Court proceeded to the trial of Robert Hay, residing at Knockorth, in the county of Banff, accused of the crime of forgery. - This was a case of an extraordinary nature, of which the following is a brief outline: - In the month of July last, the pannel called at the Office of the Commercial Bank of Scotland in Banff, somewhat after Bank hours, and presented for discount a bill for L.30, purporting to be drawn by William Smart, in Kirkland of Forgue, upon and accepted by George Fordyce, Brae of Bognie, and Alexander Bartlett, Mains of Bognie, whose name he assumed.  The Agent for the Bank immediately detected the forgery, and desired the man to return on the following day; who, noways alarmed at the delay, and the probability of a discovery, said it would be inconvenient for him to remain in Banff so long, and that he would call at the Bank Office that evening, betwixt 6 and 7.  He accordingly returned in the evening, and the Procurator Fiscal, and Sheriff Substitute having been in attendance, he was charged with the forgery; and while the warrant for his committal was preparing, he laid violent hands upon the bill, (then lying within his reach) and put it into his mouth with the intention of destroying it. - Force was immediately used, to take it from him, and after a considerable struggle, he disgorged it, but so gnawed and masticated, that it was quite illegible.

When the case was called, Mr Jeffrey, and Mr Hope Cullen, appeared for the pannel; and Mr John Hope, Advocate Depute, for the Crown.

In this stage of the case, Mr Hope Cullen stated, on the part of the prisoner, an objection to the relevancy, in bar of trial.  The nature of this objection was, that the document or forged bill founded on, not being produced, it was incompetent to prove its tenor by parole evidence.  Mr Cullen, in a very distinct and perspicuous manner, drew the analogies, as far as applicable, between this and former cases which had been under the consideration of the Court; and shewed considerable research, in elucidating a point unquestionably attended with some difficulty.

On the part of the Crown, the objection was very ably answered by Mr Hope, Advocate Depute; who contended, that in a variety of cases formerly before the Court, the decisions had been uniformly against the relevancy of such objections.  However much the case for the Crown might be weakened by the absence of the forged document; yet the want of it was not sufficient to bar trial.  The pannel was not entitled to avail himself of his own tortuous act and deed, to screen himself from public justice; and where the Crown was deprived of the best evidence, viz. the forged document itself, it was the privilege, as well as duty, of the Public Prosecutor to adduce the next best evidence that might remain.

Mr Jeffrey replied, for the pannel, in a speech of much ingenuity, in which he displayed his wonted eloquence, to the admiration of a crowded court.

The Court, however, repelled the objection; and the usual interlocutor of relevancy having been pronounced, a jury was impanelled, in whose presence the prisoner pled not guilty.

The Advocate Depute then proceeded to call his witnesses; and after some evidence was taken, on the part of the Crown, Mr Jeffrey again rose, to object to a question put by the Public Prosecutor, which went directly to prove, that the bill, before its destruction by the pannel, was a forgery.  He stated that, although the Court had found that the objections made, in limine, were insufficient to bar the trial, as the case might be made out by other documents or collateral circumstances; yet he conceived it at variance with the Law of Scotland, to prove, from memory, the nature of a document  such as the present; more particularly as it went to affect the life of the unfortunate pannel at the bar.  Mr Jeffrey was equally luminous and eloquent on various other points of objection, but without effect.  He then stated to the Court, that so save farther trouble, he was authorised, on the part of the prisoner, to make a candid confession of his guilt; and the Advocate Depute having been advised to restrict the libel to an arbitrary punishment, a verdict of guilty was returned, in terms of his own confession.

[...]

Yesterday morning the Court met again; when Robert Hay, tried on Monday, received sentence of transportation for 7 years.

Published in the Aberdeen Journal, Wednesday 29th September 1819.

Peter Wilson, Boynesmill, Forgue

REWARD OFFERED.

ADVERTISEMENT.

THAT upon the Evening of Friday the 23d current, some malicious person discharged a GUN, or PISTOL, seemingly with the intention of killing or wounding PETER WILSON, Blacksmith in Boinsmill, parish of Forgue, when leaving his work, and going betwixt his Smithy and Fire-house with a lighted candle in his hand; by which shot he was severely hurt in different parts of his body:-

A FEWARD OF TEN GUINEAS

Is hereby offered by James Allardes, Esq. Boinsmill, to any person or persons who shall give such information to him, or the Procurator Fiscal of the County, as may lead to a discovery of the offender.

Published in the Aberdeen Journal, Wednesday 28th October 1818.

Auchintoul farm leases

FARMS TO LET.

Upon Thursday the 13^th of August next,

THE following FARMS belonging to John Morison, Esq. are to be Let at Auchintoul.  Entry at Martinmas first, or Whitsunday 1819.

Parish of Marnoch.
PART of MONEIDIE, lately possessed by	James Allan.
WHITEMUIR,	Alex. Adam.
CORSKIE,	Theod. Christie.
Parish of Inverkeithnie.
UPPER FORTRIE, possessed by	Alex. Gerard.
MID-BALNOON	William Cruickshank
SHEALBURN,	Alex. Cormack
Parish of Turriff. Entry at Whitsunday 1819.
PART of DORLAITHERS, possessed by	G & W Cruickshank
PART of Do.	Alex. Shearer
PART of Do. except the Houses and Croft adjoining	John Anderson
LITTLE ARDMIDDLE,	Widow Farsken
CROFT of DUBFORD,	Charles Mair.
Entry at Whitsunday 1820.
MEIKLE ARDMIDDLE, and PART of DORLAITHERS, possessed by Gilbert Brown.
Parish of Forgue. Entry at Whitsunday 1819.
PART of UPPER AUCHARNIE, possessed by	John Milne.

The above Possessions are all of a dry kindly soil, and very improveable; and several of them are of great extent, and well worth the attention of substantial tenants. – Two or more of the Lots of Dorlaithers will be Let together, if tenants incline.

Application, for further particulars, may be made, in the meantime, to the Proprietor at Auchintoul; or Mr Hay, Fyvie; and the boundaries of the different Possessions, as they are now arranged, will be pointed out by the Ground-officer.

Published in the Aberdeen Journal, Wednesday 5th August 1818.

George Harper, Forgue, deceased

NOTICE.

ALL those indebted to the deceased GEO. HARPER, late Merchant, Balgownie, Parish of Forgue, will please pay the same to Andrew Oldman, Merchant, Aberdeen, to prevent expences.  And those having claims on the said Geo. Harper, will lodge the same, as above, with affidavits thereon, on or before the 1st of June next, as a dividend will then be paid. - Not to be repeated.

Published in the Aberdeen Journal, Wednesday 13th May 1818.

Court of Justiciary Trials (1)

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

The Court began with the trial of JAMES FARQUHAR, late flesher in Huntly, accused of stealing a considerable sum of money from the haversack of John Rose, private in the Aberdeenshire Militia.  It appeared in evidence, that Rose met with the pannel at Bainshole, on their way to Aberdeen, and kept company together to the end of their journey.  On their arrival in Aberdeen, they went to the same lodgings, and slept in the same bed.  Early in the succeeding morning, Farquhar rose and left the house; and Rose having reason to suspect him, got up and examined his haversack, when he found that his money to the amount of about L. 20, had been abstracted and carried off.  A good deal of evidence was heard, in order to bring the crime home to the pannel, particularly as to identifying the notes, and that the pannel employed some person the same morning, to change the small notes for L. 5 ones.  After an excellent charge by the Lord Justice Clerk, the jury were enclosed, and appointed to return their verdict on Tuesday morning.

Counsel for the Crown, Mr CLEPHANE, Advocate-Depute; - for the prisoner, Mr GORDON.

Published in the Aberdeen Journal, Wednesday 27th April 1814.

Farms in Marnoch & Forgue

FARMS AND CROFTS TO LET.

To be Let, and entered to at Whitsunday first.

THE Farm of MYRESIDE, possessed by the late George Steele, and the CROFT at ELRICK, possessed by John Ritchie, part of the Estate of Auchintoul in the parish of Marnoch; also the CROFT at COBAIRDY, occupied by the deceased Alexander Horn, in the parish of Forgue.

Alexander Morison, Gardener at Auchintoul, will give directions for pointing out the Grounds; and offers, in writing, may be left with him, betwixt and the first day of April next.

Published in the Aberdeen Journal, Wednesday 16th March 1814.

Robert Shand, Bognie

Died at Bognie, on the 21st Feb. aged 86, ROBERT SHAND, one, perhaps, of the most extraordinary pedestrians in this pedestrian age.  He continued to possess all his faculties, especially his activity, to the last hour of his existence.  In his 85th year, he was employed as runner from the parish of Forgue to the Post Office at Huntly, where he went three times a-week, sometimes oftener; which distance (14 miles going and returning) he accomplished with ease in less than 4 hours.  The same year, he offered, for a bet of 20s., to walk to Aberdeen, and return within 24 hours, a distance of at least 70 miles.  He was originally bred a shoemaker, but for several years past worked as a day labourer; and last summer, was occasionally employed in casting divots, a work that required considerable strength and exertion; and has been known to go to Banff, distant 15 miles, upon a trifling errand, after performing a hard day's labour.  The last day of his life he eat his breakfast as usual; and was arrested by the hand of death while enjoying his favourite exercise of walking some distance, carrying a bundle of sticks he had collected for fuel.

Published in the Aberdeen Journal, Wednesday 9th March 1814.

Corse of Monelly, Forgue

SMALL FARM TO LET.

There is to be let, on Corse of MONELLY, in the parish of Forgue,

THE FARM presently occupied by Mrs Brebner, containing nearly 50 acres, for 19 years from Whitunday, 1815.

Offers in writing will be received by the Proprietor, at Corse, betwixt and the 31st August ensuing.

Not to be repeated.

Corse, 25th June, 1813.

Published in the Aberdeen Journal, Wednesday 30th June 1813.

Auchterless Kirk Session, 23rd May 1813

After Sermon, Sess. met & const.   Compeared James Og in the Parish of Forgue and Elizabeth Sangster in this Parish confessing themselves guilty of Fornication.  They were seriously exhorted to repentance, fined and absolved.

Auchterless Kirk Session Minutes, 1813 (NRS Reference: CH2/1334/4/140)

Kirk Session Registers are available to search at the National Records of Scotland in Edinburgh and at local archives throughout Scotland.

William Bruce, Mill of Forgue

NOTICE TO THE PUBLIC

WE, the undersigned, having this day agreed to live separately, and have no Connection with each other, as Man and Wife, hereby intimate to the Public that in future we shall not be liable for one anothers debts, contracted after this date. 

WILLIAM BRUCE

E. ALEXANDER

Mill of Forgue, 28th Sept. 1812.

Published in the Aberdeen Journal, Wednesday 7th October 1812.



Theft of cow from Forgue

STOLEN

ON the night of the 30th of June, from GEORGE TAYLOR, Roundhome, Forgue, a BLACK COW, black horns, a bell in her face, grey headed, white udder, feet, and tail, five years old, supposed to have gone the Aberdeen road. - Any person who can give information of her to the owner, will be rewarded for their trouble.

Published in the Aberdeen Journal, Wednesday 8th July 1812.

Public roup at Frendraught

ADVERTISEMENT.

On Tuesday, the 19th May, there will be sold by public roup, (belonging to the heirs of the deceased JAMES MITCHELL, in Frendraught),

THE whole EFFECTS - consisting of Beds, Blankets, Bed and Table Linen; Presses and Tables; Eight Day Clock, with the whole Dairy and Labouring Utensils; Six milk Cows, Six Stots and Queys; Three Horses, with Harness; Three Stacks of Bear, with the Fodder, and a number of other articles too tedious to mention.

The Roup to begin at 10 o'clock forenoon, and eleven months credit on security.

Not to be repeated.

Published in the Aberdeen Journal, Wednesday 6th May, 1812.

To let: Bogniebrae, Forgue

BOGNIEBRAE TO LET.

The small but commodious Possession of BOGNIEBRAE, in the parish of Forgue, as presently possessed by JAMES HARPER, consisting of 27 acres of arable land, one half of which is infield, with substantial laigh Houses, fitted for the convenience of an INN, (as such it has been long used) is to be let for 9 years, being the remainder of a Lease.  - Entry thereto at Whitsunday 1812.

The turnpike road from Banff to Huntly passes through the possession; it is six miles from Huntly.

Those who wish for a lease of the same may apply to the present Possessor.

Published in the Aberdeen Journal, Wednesday 4th September, 1811.

James Harper, Bogniebrae

NOTICE

JAMES HARPER, in Bogniebrae, parish of Forgue, executor appointed by the deceased LEWIS HARPER, sometime tenementer in Huntly, and JEAN WILSON, his spouse, hereby requests a Meeting of the Brothers and Sisters, Bairns of the said Lewis Harper, and the Sister's Bairns of the said Jean Wilson, within the Post-Office in Huntly, upon Saturday, the 20th of July next, at 12 o'clock noon, to hear the deceased's last Will and Testament, and to see a State of their Affairs at the time of the death of the longest liver of them two; also to give directions to the executor as to the further management.

All those indebted to the defuncts, and those having claims against them, are desired to attend at same time and place.

Published in the Aberdeen Journal, Wednesday 19th June, 1811.