[list-cumbria] Carlisle Patriot, 24 Apr 1824 - Dumfries Circuit (1)

[Petra Mitchinson]

Saturday 24 Apr 1824   (p. 4, col. 4-5)

 

DUMFRIES CIRCUIT. 

 

The Lord Chief Commissioner ADAM opened the Jury Court at Dumfries on the 13th. 

 

AFFLECK v. HERON.—The only issue for trial arose in an action of reduction at the instance of William AFFLECK, Esq. of Liverpool,
against John HERON, Esq. of Ingleston. The circumstances were these:—About 30 years ago, Mr. HERON married Miss AFFLECK, sister of
John, William, and Charles AFFLECK. Charles came to reside at Ingleston about the same time. John went to the West Indies, where he
died in the year 1822, leaving a settlement dated 4th January, 1812, and property to the amount of about £8,000, which he ordered to
be divided into four equal shares—one fourth to each of his two sisters, a fourth to his brother William, and the remaining fourth
he left to his brother Charles, to be disposed of as Mr. HERON might think proper for him. Charles had from an early period
contracted habits of intemperance, of which it would appear from John's care in not putting the money into the power of Charles
himself, he was perfectly aware. This desire for ardent spirits continued till the day of his death. A short time after the account
of his brother John's death, a transaction was entered into by which Charles discharged the legacy which Mr. HERON had received on
his account, in consequence of Mr. HERON's kindness in keeping him nearly 30 years, receiving a personal bond of annuity for £80
during his life time, and bed and board during that of Mr. HERON. The pursuer alleged that Charles was either naturally of a facile
disposition, or had become so through the frequent and continued use of spirits, and that this transaction was obtained by fraud and
circumvention; while on the other hand it was maintained, that as Charles had lived free at bed and board for about 30 years, and as
he was secured in an annuity equal to any sum Mr. HERON might have, after a fair allowance for the bed and board furnished to
Charles for the 30 years before, the transaction was just and fair, and more suited to Charles's wants than paying him over the
whole of the sum left as his share; and that Charles was not only satisfied, but grateful to Mr. HERON, to whose family he would
have left it, at any rate, on his death. A great many witnesses were examined both for plaintiff and defendant; and after a full
discussion by counsel, and an impartial summing up by his Lordship, the Jury returned a verdict for the defendant, thereby
establishing the legality of the instrument by which AFFLECK relinquished his claim upon the bequest. The cause excited much
interest, and the Court was greatly crowded. Counsel for the plaintiff, Messrs. MONCRIEFF and ROBERTSON; for the defendant, Messrs.
COCKBURN and MAITLAND. 

 

The Justiciary Court was opened by the Lord Justice Clerk on the 15th, and on account of the unusual number of cases for trial, the
business did not terminate till Saturday. 

 

Two individuals, the one accused of assault, and the other of bigamy, were called to the bar, and on their failing to appear, were
regularly fugitated. In recording the last case—that of Dr. STORRY, of Annan, his Lordship animadverted severely on a practice which
he understood had prevailed for some time in Annan, of celebrating clandestine marriages. He particularly alluded to the conduct of
Mr. Isaac HOPE, innkeeper, one of the magistrates of that Burgh, who, by lending himself to such practices, was at once inflicting a
cruel outrage on the morals and happiness of the community, and entailing eternal disgrace on the magisterial character. In the case
before him, a respectable female had been deceived—betrayed—ruined; united to a man who had another wife living, but whom he
wickedly abandoned; and all this from the sanction lent to such irregularities by persons who should know better. If the party in
question was not warned before, he was warned now; and if such practices were persevered in, he might depend upon it that his
Majesty's Advocate would either bring him before this or some other Court, where the fullest measure of punishment would follow
conviction. 

 

Alexander MOFFAT, a shepherd, pleaded guilty to a charge of breaking into the shop of Mr. John HALLIDAY, at Sanquhar, on the night
of the 11th of February last, and stealing therefrom about £30 in silver, a quantity of wine and spirits, and a great variety of
other articles. After some observations by counsel, in mitigation, that the prisoner's mind as well as body (he is afflicted with a
confirmed diabetes) was enfeebled by disease, the Judge passed sentence of seven years' transportation, but it is not likely that he
will be sent to the hulks. 

 

James SMITH was next put to the bar, charged with five separate acts of theft, one of them committed in 1818. From the indictment,
it appeared that SMITH was rather a singular depredator: his practice being to prowl about gentlemen's houses, particularly when
there was company, and in the absence of the servants pounce upon every thing portable found in or about the carriages. At
Dalscairth, he stole a silk umbrella belonging to General DIROM; at Terregles, a great coat, the property of Major JAMIESON, and
BURNS' works, and a copy of Waverley, belonging  to Major WEYLAND; at Terraughty, he, on one occasion, opened the coach-box, and
extracted several valuable articles of female dress, and on another, carried away a web of linen, &c. &c.; and at Dumfries, stole
several seal fur caps from the shop of Miss Mary THOMPSON. The prisoner pleaded guilty, and the Judge, in delivering sentence, and
commenting on the aggravated nature of the case, said that, in place of seven, he would order him to be transported for 14 years.
This he considered an act of kindness; since, in one case, the prisoner would be kept in the hulks; in the other, sent to Botany
Bay. In the huIks he would meet with persons still more depraved than himself; but Botany Bay was a prosperous colony, and a man who
sincerely repented of his crimes might there become a useful member of society, and redeem his character. 

 

James GRAY, was charged with opening, on the 8th April last, a locked chest, at the farm of Unthank, parish of Ewes, and stealing a
leather pocket-book, containing 10s. 6d. in money, and different articles of wearing apparel. The prisoner pleaded guilty—Sentence,
transportation for seven years. 

 

Alexander M'MATH was charged with having, in the month of September, 1818, stolen from the farm of Barscobe, the property of James
CARSON, Esq., one stot, and another from the farm of Drummanister, occupied by Mr. John HUNTER, about the same time. Sentence of
outlawry was passed against the prisoner in 1819. The theft was clearly proved by several witnesses, the jury returned a verdict of
Guilty, and the Judge passed sentence of 14 years' transportation. 

 

Robert CLENAHAM was charged with stealing, on the 23rd Feb. and 2nd March, 1824, two fowling pieces, a powder flask, match box, and
a number of blankets, from the mansion-house of Orchardton, in the parish of Rerwick, Stewartry of Kirkcudbright. He pleaded guilty.
Imprisonment 12 months. 

 

John HOOD was accused of setting fire to the workshop of Mr. BECK, coach-maker, Dumfries, on the 24th of September last, by which
malicious act, the building, wood, and part of the materials it contained, were greatly damaged, and must have been totally
consumed, but for the promptitude and perseverance of the neighbours. HOOD pleaded guilty, and was sentenced to transportation for
life. The Depute-advocate stated, that he had consented to this, in consequence of circumstances that were not divulged; but no
precedent could be drawn from this particular act of leniency. Nothing was more uncommon than to restrict in similar crimes; and
should another case of wilful fire-raising occur in this neighbourhood, he should feel it to be his duty to crave a verdict
inferring the last punishment of the law. The Lord Justice Clerk descanted on the enormity of the crime, and told the prisoner that
had it not been for the merciful restriction of the prosecutor, he would have perhaps suffered capitally. 

 

 

[to be continued] 

 

 

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