Edinburgh’s Top 12: Bailie Court Processes

Edinburgh Bailie Court Forgery of  Bank of Ireland 30/- Note, 1830s

Edinburgh Bailie Court Forgery of Bank of Ireland 30/- Note, 1830s

The Bailie Court was the main local court within the medieval and early modern burgh of Edinburgh.  In the later period into the 20th century this court was also called the Burgh Court and the Police Court and became known latterly as the District Court.

The City Archives holds voluminous records relating to both the Canongate – which was a separate burgh until 1856 – and Edinburgh Bailie Courts.  The bundles of records are not the easiest to handle and decipher because of the method of storage down the years since they were first created, the earliest being 1603.

Several hundred boxes of what are referred to as ‘processes’ survive, these being the documents which were used in the legal proceedings in court.  The sheer scale of these holdings together with the range of offences which were prosecuted in the courts provides a fascinating, often tragic and sometimes comic, picture of everyday life in the capital.

Cases included theft, debt, housebreaking, assault, slander, breach of contract, disputes over property and many more besides.  It is likely that a good proportion of the burgh’s population made an appearance in these records in some capacity over the almost three centuries they cover.  The images shown here relate to two cases of forgery recently uncovered by an individual in our search room.  Both processes include copies of forged bank notes which, at least to the untrained eye, must have appeared to be the genuine article.

The first is a 30/- note of the Provincial Bank of Ireland with a note relating that it: “…is a Forgery and was passed this day in the Counting House of Robert Thomas Merchant, Royal Exchange by Margaret Hill, who stated that she received it from Ann Ballantyne – Both in custody.”

Edinburgh Bailie Court Forgery of Glasgow Bank Note, 1836

Edinburgh Bailie Court Forgery of Glasgow Bank Note, 1836

The second is a forged one pound note from the Glasgow Bank apparently circulated in Edinburgh by Margaret Wilson or Shiels and Elizabeth Davidson or Cummings and seized on 23 December 1836.

The Baillie Court records are just one of Edinburgh City Archives’ Top 12 Treasures which are featured in our gallery of the same on our website.  You can access this small exhibition by clicking here.  More of our Top 12 will be featured in posts here over the coming months.

Exciting New Centre, Exciting New Archive Material

One of my favourite things about being an archivist is the exciting new material we receive. With all the publicity surrounding the opening of the John Gray Centre we have been fortunate to have a sharp rise in the number of accessions we’ve been given. Here are just a couple of the gems.

 

 

 

 

  • Records of East Linton Curling Club (EL338) were recently handed to us along with a collection of curling medals. The records are mostly minute books and membership records covering the period 1847-1980. The club was founded in 1837 itself had possibly the oldest curling stone – 1689

  • Police records for Ormiston for 1894-1944 (COP/1/12-COP/1/18) giving us details about criminals, police officers and army deserters in the county. This accession also came along with a set of handcuffs (pictured)

  • The sometimes rather gruesome Burial Grounds Committee Minutes – our most recent accession. One entry here dating from 1899 recounts the terrible state of the churchyard

 “I visited the churchyard while the sexton was digging a grave a great quantity of bones were lying on the surface. Three skeletons had been cut through…..the bones of two skeletons were on the ground tufts of hair still adhering to the skulls”

 

As well as being handed new things we have also found some interesting things in the move. Although found separately both finds relate to the Lighthouse Stevensons. One is a plan relating to a ferry crossing from North Berwick to Elie and the other a letter from Robert Stevenson to North Berwick Town Council applying for work on the harbour improvements.(NB/5/3/2/18)

I look forward to finding out what else turns up. Please do let us know if you have anything of interest.

A Policeman’s Lot…

Archives, though often mentioned in the same breath as museums and libraries, and though sharing some similarities with them, are different in several ways. One crucial distinction is that although museums hold original & unique artefacts, the public are seldom allowed contact with these; libraries on the other hand do allow handling of their holdings by users although they do not usually possess unique items.  Archives not only hold original and irreplaceable items but also provide ‘hands on’ access to their users.  This presents more difficult problems with preservation and though digitising records and making them available online is one solution to this dilemma, it is an expensive and time-consuming option.  Consequently, the favoured answer for many archives, when money allows, is for the most severely damaged and worn items in archival collections to be professionally conserved.

ECA has been very fortunate in these financially-straitened times to have  been awarded a considerable end of year sum for just this purpose.  Our holdings of Lothian & Borders Police records – an important and extensive collection – is about to receive some long overdue TLC.  This contains, among other things, some excellent personnel records which have been well used by both academics and genealogists in the past and some items, such as a series of ‘Weekly Records’ (ED6/5) which are an ongoing log of promotions, punishments and resignations within and from the Edinburgh Police Force.Lothian & Borders Police Records

Opposite is an example of the poor state of some of this series and a volume which is so badly water-damaged and fragile that it is currently unfit for production to the public.  When conserved this, and several other similar volumes will once again be available to the public in our search room.  One comparable volume in this same collection – a ‘Conduct Book’ covering the years 1851-1901 (ED6/8/3) was conserved some time ago, keeping as much of the original volume in tact whilst repairing the most damaged parts. Now, its rich treasure of the records of careers of generations of 19th century policemen  in their impressive – and in some cases, not so impressive detail – is accessible once again to the public.

ED6/8/3 To give some insight into its content it can be said that although the promotions through the various grades of police officers and their salaries are useful genealogical details, it is perhaps the record of their misdemeanours and subsequent punishments which is so fascinating.

The policeman’s job, then as now, must have been a difficult and often dangerous one. This volume shows that in the 19th century at least, officers were helped through their daily trials by liberal amounts of alcohol.  Even a cursory leaf through its pages is enough to show that occasions  for reprimand, fine or even dismissal for being drunk while on duty could almost be said to be the rule rather than the exception on the evidence of this volume.  In 1879, one Arthur Cooper, not content for merely dropping into the local on his beat for a quick pint was demoted for “…being found along with a Constable of the Section of which he was Sergeant within a Brewery where they had gone to drink.”  Another constable, James Knox, perhaps under the influence himself, was reprimanded in 1899 for “…improperly larking on the public street in uniform.” What the ‘larking’ entailed exactly is not recorded!

Ronald Macdonald, though not specifically reported for drinking, was fined 1/- for being found “…sitting on a wall asleep while on duty” – a feat both difficult and dangerous to achieve one might have thought.  Finally, whether or not drink was involved in a case of the double dismissal from the service of Andrew Davidson and John Mackay in 1898, or indeed if they had been on duty at the time is not recorded.  The record shows however, that they were “Allowed to resign forthwith for improperly visiting a suspected brothel” – this just goes to show that immorality, as well as insobriety, were not to be tolerated within the ranks of Edinburgh’s 19th century keepers of the peace!

East Lothians Criminal Banker

 EL 34 – East Lothian Bank

Banks in crisis and economic woes are stories that appear all too often today.  However this is nothing new. The turn of the 19th century saw a significant expansion in the number of Scottish banks – 16 founded between 1797 & 1815. East Lothian Bank, founded in Dunbar in 1810, was just one of them.

The banks directors, mostly local tenant farmers, appointed a cashier to manage the day to day running of the bank. William Borthwick was a young man (likely around 21 years old when appointed) with only minimal banking experience. Minute books of the Bank indicate that the in the early years at least the directors were more than satisfied with Borthwick’s management.

The bank issued its own notes and these reflected the County’s strong ties with agriculture and fishing. The £5 note above depicts images of agricultural produce and Dunbar harbour. Note too the dodgy spelling of ‘Lothian’ around the wheat!

The Bank quickly flourished and soon further staff were employed and branches opened in Haddington and Selkirk. They also had various agents in London, Belfast and Edinburgh conducting business on behalf of the Bank.

However, due to recession and the mistakes and mismanagement of some of its untrained staff, the bank soon foundered. By 1816 only the Haddington branch remained.

The final nail in the coffin was to come six years later in 1822 when William Borthwick ran off to America with a large number of the banks bills resulting in the closure of the bank. Borthwick was later arrested in Savannah but released and history is unclear as to whether he ever stood trial for his crime.  

A large collection of previously unknown letters relating to the bank has been recently transferred to the archives. Perhaps the answer to the mystery lies among them?

East Lothians Criminals

Another interesting item found while preparing for our move – a criminal register for Haddington from 1894-1901.

As well as giving us an insight into crimes and criminals in the town, the amount of information given in the volume makes it a fantastic resource for family and social history.

The volume gives the name of the criminal and offence committed as you would expect but then also goes on to give their address, occupation, height, detailed physical description, age, place of birth, details of their education, references to previous convictions, and name of the arresting officer – a wealth of information indeed!

In the remarks column it can sometimes tell us if further action was taken. For example Euphemia Mowbray a homeless Hawker from Englandwas allowed away without punishmnet if she promised to leave the town within half an hour.

In some cases it is possible to trace the lives of some entrants over a few years Agnes Robertson for example is first arrested for theft in November 1896. Her occupation is given as an outworker and she resides at Sunnyside. She is arrested another 8 times over the next 5 years for various offences. The entries tell us that she lost her job and her home – possibly as a result of her crimes. Interestingly though she is recorded as being 43 in 1896, 61 in 1899 and 57 in 1901 – perhaps her years as a vagrant had taken their toll on her once ‘fresh’ complexion!

 

The Black Book for Recording Criminals

I have been out giving a talk to one of our local history
groups this week to showcase some of the items that will be returning to East Lothian from the National Records of Scotland when the John Gray Centre opens. 

They were fascinated by the Black Book for Recording Criminals which detailed the case of Margaret Collins from Haddington who was found guilty of stealing a woollen cloak and a piece of pork. She was sentenced to “stand in the jougs at the tron for half ane hour with a paper on her breast with the words art and part guilty of theft and then be drummed out of this Burgh with certification if ever she be found hereafter within this town she shall be imprisoned and whipt through the burgh the day after her return”.

I also brought along a recent find to the talk – a criminal register from Haddington. Each entry gives details such as the name, address and place of birth of the criminal as well as details of their crime and the arresting officer and sentence given. The best part of this volume though is that it also gives a physical description of the criminal. Eye colour, hair colour, complexion and distinguishing marks were all recorded s well as comments on the size of their mouth and facial hair. The history group loved this volume and a couple were keen to find their ancestors in it. Tales of crimes and criminals always generate plenty of interest!

Powered by Flickr Gallery

The Female Personators

The Linlithgowshire Rogue’s Gallery held by Edinburgh City Archives contains some fascinating and unusual photographs and snippets about 19th century crimes and criminals.  One entry contains photos of suspects who would not be brought before today’s courts.  In the 1870s, men appearing in public wearing women’s clothing were considered a public mischief while same sex relationships were considered a felony.

This entry in the gallery features a set of pictures under the title ‘The Female Personators’. The photos, probably taken sometime between 1868 and 1870, feature an image of Lord Arthur Pelham Clinton, MP and third son of the Duke of Newcastle, Ernest Boulton an amateur singer and actor, and William Park, a law student.  The trio (pictured to the far right) frequently socialised together, attending the theatre and social events, mostly in London.  Park and Boulton would often dress elaborately and in the centre of the above photo, they are pictured separately wearing lavish dresses with all of the trimmings. The identity of the person to the far left is unknown.

Boulton had an association with Edinburgh through Louis John Hurt, a Post Officer surveyor living in the Capital. In the late 1860s, childhood friends Boulton and Hurt shared lodgings in Edinburgh. Boulton had also been introduced to John Safford Fiske, a young American consul at Leith.  Hurt, Boulton and Fiske were all friends and frequently exchanged letters. These letters would implicate Hurt and Fiske in an 1870 trial which also involved Boulton, Park and Lord Clinton. This association may explain why these photographs appear in the Linlithgowshire Rogue’s Gallery. Perhaps London police were sharing information with their Northern neighbours?

On 28 April 1870, after attending the theatre dressed in women’s clothing, Ernest Boulton and William Park were arrested by London police. The police searched their residences in London, finding large numbers of dresses, accessories and incriminating letters.  Their arrest led to the launch of a sensational trial where both the Attorney and Solicitor General appeared for the prosecution. Boulton, Park, Clinton and others were charged with conspiring to commit an ‘unnatural offence’. Ultimately, there was not enough evidence to support the felony and misdemeanour charges and the accused were acquitted.

If you’re interested in reading more about the trial, a full transcript is available online by clicking on this link. If you are interested in browsing other entries in the Rogue’s Gallery, click here.

I predict a riot…

Last week it was the students protesting against the tuition fees. In 1921 however students were on the receiving end as miners went on strike and protested (sometimes violently) against the students who had been drafted in to work the pits. We have a variety of documents relating to the strike and related violent protests.

During the First World War, the mines had been controlled by the government but by 1921, the government were planning to decontrol the mines and railways. The coal industry was making heavy losses and pit owners argued that wage cuts were needed. On 31 March 1921, the day of transfer, the miners were locked out. The miners went on strike to protest against this. Their leaders appealed to railway men and transport workers for a sympathy strike as these professions had in the past been closely aligned to the extent that the three unions were known as the Triple Alliance. On Friday 15 April 1921, they refused to strike in support of the miners – a day that was to become known in the UK as Black Friday.

East Lothian had several collieries. One of these was Bankton Colliery at Prestonpans. The documents we relate to an incident of several hundred striking miners visiting the pit on 7th April 1911. A letter from a Mr Duff states that “workmen were attacked by stone throwing and one had a nasty cut on his neck with a piece of iron” Another letter states that “one policeman, a manager and a party of students were mauled by 800 strikers” A statement from a PC McIntosh dismisses these claims entirely saying that although the visit of striking miners was tense it went off without trouble. Also in our file however is a list of claims made by voluntary workers who were at Bankton Pit on that day. The list is extensive covering ten men and commonly includes items of clothing which may suggest that the visit from the miners did indeed get physical. One man even claimed for a pair of drawers suggesting he was very badly attacked indeed!

Powered by Flickr Gallery

Tricky Rogues

The Linlithgowshire Rogue’s Gallery held by Edinburgh City Archives is a fascinating 19th century record packed with mugshots of Victorian villains and details of their known crimes.  People of all ages hailing from places throughout Scotland and beyond can be found in the gallery. Their crimes range from serious assaults to fraud and petty thefts. The Linlithgowshire Rogue’s Gallery was created at a time before policing procedures were consistent. Some entries are more detailed than others and often contain quirky anecdotes and stories.

One curious entry relates to David Brook, a criminal who pretended to be deaf and mute when brought before the courts. The 1872 entry for David Brook, a native of Cornwall, lists an assault and fraud charge. Alongside David Brook’s entry, there is a newspaper clipping describing the criminal history of a John Macdonald and his tactic of pretending to be deaf and mute to avoid trial and prison time. It is not clear if David Brook was an alias used by John Macdonald, or if they were two different people using the same trick to avoid the law. To read a transcript of the newspaper article about John Macdonald, who may have used the name David Brook, click here. If you are also interested in looking at other entries in the Rogue’s Gallery, click here.

Banishment from the Burgh

Tales from the Sheriff Court of Linlithgow

In 2008, a Book of Enactment from Linlithgow Sherrif Court was deposited in West Lothian Archives; the father of the depositor had saved it from destruction during WW2. The book offers us an insight into the 18th century Scottish justice system and the nature of cases that were heard by the Sheriff Court.

 The majority of records in the volume are “bonds of caution”. These contain details of “cautioners” who undertake to ensure that persons who stand accused of a crime or who are being taken to court by another party will attend court.  Cautioners faced significant penalties if the individual in question absconded; fines were as high as £100 in the mid 1700s; equivalent to £8,516 in today’s money. Common offences included assault and battery (often domestic) and rioting, indicating perhaps that criminal behaviour was not much different two hundred years ago.

  In a number of cases young women took the alleged father of their children to court ; in April 1786, Margaret Hardie of Beecraigs initiates proceedings against William Potter “for payment of inlying charges and aliment for upbringing of a female child of which she was delivered in the month of September last”.   In these records we seem to see the very early roots of the Child Support Agency!

 Some of the cases contained within in the volume did not proceed to trial.  Instead, several prisoners “incarcerated” in the Tolbooth at Linlithgow apply to the court for sentence of banishment.   In July 1803, James Brown acknowledges that he is guilty of housebreaking and theft and voluntarily banishes himself from the Burgh of Linlithgow for the rest of his days. The Sherriff Substitute ordains that should Brown return to the Burgh of Linlithgow he will be returned to the Tolbooth for 3 months before being led through the streets of Linlithgow on Market Day to be “publicly whipped on the naked back…by the hands of the Common Hangman”. Other prisoners, like Agnes Girdwood in 1723, go a step further and apply for banishment from the whole Kingdom of Scotland. One wonders how long it took for Agnes to become the focus of criminal proceedings south of the border.

 To see some excepts from this volume, click on the images below

Powered by Flickr Gallery