Circuit Court cases, Aberdeen

WEDNESDAY, April 21. - The Circuit Court of Justiciary was opened here this day, by the Right Hon. Lord GILLIES, who proceeded to the trial of the following delinquents.

Hugh Ross, now or lately at Peterhead, accused of theft; who having failed to appear, had sentence of fugitation pronounced against him.

William Brown, alias McIntosh, John McKenzie, and Malcolm McKenzie, all in the parish of Glengarden, charged with assault and deforcement, were likewise outlawed for not appearing.

Daniel  O'Bryan, prisoner in the Tolbooth of Aberdeen, indicted, at the instance of his Majesty's Advocate, for having, on the 17th November last, in different parts of the city, assaulted and stabbed with a bayonet, six several persons, to the effusion of their blood and danger of their lives, having pled guilty to the charge, and a verdict being returned accordingly, was sentenced to be transported beyond seas for seven years.

Margaret Burnett and Stephen Harrison, the former accused of sheep-stealing, and the latter for resetting the same, knowing them to be stolen.  Burnett acknowledged the theft, and Harrison denied the libel; the Jury was then inclosed.

The Court proceeded to the trial of John Simpson, stone dyker; Francis Smith, farmer; and Joseph Smith, his servant, all in the parish of Birse, charged with having assaulted and deforced Alexander Strachan, Hugh Ross, and James Forbes, excise officers, in the execution of their duty.  The prisoners pled not guilty, and a proof for the prosecution, and in exculpation being led, and a Jury inclosed, the Judge prorogued the diet till the following day.

THURSDAY, April 22.  -  This morning, a Petition was presented, in name of his Majesty's Advocate for warrant to apprehend William Brown, alias McIntosh, John McKenzie, and Malcolm McKenzie, before named, and to commit them prisoners to the Tolbooth of Aberdeen, therein to be detained until liberated in due course of law; which was granted accordingly.

The Jury, in the case of Burnett and Harrison, returned a verdict, finding the former guilty, in terms of her own confession, and the latter guilty, as libelled. - Sentence of transportation for 7 years was pronounced against them.

The Jury, in the case of John Simpson, Francis Smith, and Joseph Smith, by their verdict, found the libel, as to John Simpson, not proven; and the others guilty, as libelled.  Simpson of course was dismissed from the bar, but Francis and Joseph Smith are to be imprisoned for 6 months.

The only other case was that of Arthur Phrain, for cattle stealing, who is banished Scotland for life, upon his own petition.

Published in the Aberdeen Journal, Wednesday 28th April 1819.

Durris Kirk Session Minutes, 14th February 1813

After Sermon the Session met in the Church, and being constitute by prayer, compeared Jean Thomson; who still adhered to her former confession.  Compeared also William Smith; who still persisted in his denial.  Compeared Margaret Burnett, wife of James Gilbert senr. in Backdykes; and being asked; if she had ever seen William Smith going to Jean Thomson's Father's house, answered that she does not remember, that she ever saw him going to that house.

Compeared James Gilbert junr, likewise residing in Backdykes; and being asked, if ever he had seen William Smith going to Jean Thomson's Father's house answered, he never had seen him going to said house.

Compeared, at same time, Elizabeth Hendrie, wife of David Scroggie in Cornhill; and being asked if she had ever seen William Smith going to Jean Thomson's Father's house; answered, that she never had; nor had ever seen them together alone in that house.

The Session referred the matter to the Presbytery for their advice.  Both Parties were summoned apud acta to appear before the Presbytery on the last Wednesday of March ensuing.

Durris Session Minutes, 1813, NAS Reference: CH2/651/4)

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