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Corgarff Cluedo - The freeing of R. Farquharson and the Attack on Mr Yates, Exciseman, meeting at Loinorn 1828.

TABLE OF CONTENTS
Some Spiel	Outrage on Mr Yates
Strongly Attached Suspicion	Alibis
Skellater Tenants	Over to You
Names	More excise trouble
Freeing of R. Farquharson

Introduction

The following are transcripts of the papers held in the University of Aberdeen Special Collection Ref. MS 2769/I/17/Box1. They are reproduced here with permission from that body for personal research purposes only by Kenneth C. M^cHardy Snr., and Andrew J. M^cHardy, 27^th November 2000. The contents were proofed 17^th January 2003. Under no circumstances are these notes to be printed out or copied without first seeking permission from myself.

The basis for these notes comes from the following file:

No.33. Memorandum of the Meeting of the Corgarff Tenants held at Church of Loinorn 28^th April 1828 in regard to the rescue of R. Farquharson and the assault of Mr Yates Officer of Excise.

These documents describe the freeing of one R. Farquharson from a Mr. Yates, Exciseman, and the later attack on the said gentleman in Corgarff. The date when these events actually took place is not recorded in these papers, but needless to say it was before 28^th April 1828 when the meeting took place. These occurrences must have caused much consternation amongst the folk of the glen; the records show that the meeting was called at the behest of the Corgarff tenants of Sir Charles Forbes Bart. of Newe and Edinglassie to clear up matters between tenant and landlord. From the transcript, and in particular one deposition by Charles M^cHardy of Ordachoy, we learn that some form of proceedings had already taken place in court in Aberdeen. Perhaps the outcome of this had been less than satisfactory to the authorities and the tenants remained under suspicion? I will leave this research for the moment to any other body willing to undertake it.

These documents form an interesting record not only of the people in the glen at the time, but also of the interaction between the different families and farms.

The profit from distillation of whisky must have been an important additional source of income to people who were paying over much of their income to their landlord. I know that at this time my own family was in arrears with their rent for Easter Corryhoul.

But what of the times leading up to these events?

It is reputed that by the 1820’s excisemen were confiscating 14,000 stills per annum in an attempt to stamp out the illicit trade. The state had also requested that landlords assist in the abolishment of the illicit trade. In 1822 the Illicit Distillation (Scotland) Act was passed which dramatically raised the level of penalties for the distillation of illicit whisky. The golden era of distilling for the tenants of the glens was coming to an end. There is little doubt that the economic benefit for the tenant farmer from the illicit whisky trade helped to sustain the population numbers in many a remote area.

In 1825 at a meeting of the Lonach Highland and Friendly Society Sir Charles Forbes, Bart. of Newe and Edinglassie, MP, took steps to announce his intention to eliminate the trade in illicit whisky distillation. He used the meeting to publicly express his opinion about an activity which he described as having "become so prevalent in this and other parts of the country". These observations were directed to the tenants on the lands of Skellater and Corgarff to whom he was about to grant new leases.

In these new leases he resolved that a clause should be inserted which would render the deed null and void in case the party to it should be proved guilty of whisky smuggling.

Below is an extract from The General Conditions and Regulations fixed by Sir Charles Forbes of Newe and Edinglassie, Baronet, for the letting of his lands in the District of Strathdon 18__.

At IV He prohibits the Tenants from all concern, directly or indirectly, in illicit malting and distillation, or the selling of spirits, also, from muirburning, or kindling heath muirs, on any part of the Estate; and not only from poaching, or killing game themselves, but from harbouring or giving entertainment or lodging to those engaged, or suspected to be engaged, in such practises. And he declares, that a breach of this prohibition, in any particular, proved by oath of one or more credible witnesses, shall infer an immediate forfeiture of the lease, which shall follow to a Tenant, if any unlicensed malt barn or whisky bothie shall be found upon the land he holds, or over which he has right to pasture. It being conditioned, in the case of muirburning, that, where evidence is wanting to convict any other, the Tenant or Tenants next adjoining the ground, or having right to the pasturage thereof, shall be deemed the guilty person or persons, and held answerable for the consequences. The Tenants are further prohibited from casting muck feal, or divots, (except on leave specially asked and obtained), under the penalty of five pounds sterling for every trespass, beside the actual damage.

Between 1827 and 1831 there was a legal distillery run in Corgarff at Garchory by George Simpson, and also one registered at Corgarff Castle in 1826 run by one James M^cHardy. The Castle was garrisoned until 1831 by up to 50 soldiers whose duty by this time was an attempt to stamp out the smuggling of whisky through the glens. However the distillery at the Castle met with a fire which resulted in the following appearing on the front page of the Aberdeen Journal on Wednesday November 29th 1826.

Reward

Whitehall, November 3rd 1826.

Whereas it hath been humbly represented unto the KING, that early on the morning of Monday, the 17th day of July last, a legal Distillery at Corgarff Castle, in the parish of Strathdon, in the Highlands of Aberdeenshire, was wilfully set on fire and destroyed.
His MAJESTY , for the better of apprehending and bringing to justice the persons concerned in the Felony above mentioned, is hereby pleased to promise His most gracious Pardon to any one of them (except the Person who actually set Fire to the said premises) who shall discover his Accomplice or Accomplices therein, so that He, She, or They, may be apprehended and convicted therof.

Signed Robert Peel
Excise Office, Edinburgh 7th November 1826

And as for further encouragement, a Reward of ONE HUNDRED POUNDS Is hereby offered to any person (except as aforesaid) who shall discover the said Offender or Offenders, so that He, She or They, may be apprehended and convicted of the said offence. The said Reward to be paid on Conviction by the Commissioners of His Majesty's Excise

Geo. Pape, sec.

Did anyone accept this reward? Was a culprit ever identified? Again I leave this piece of research to any individual willing to undertake it.

Please enjoy the following records. Every effort has been made to make them clear and concise; which required some interpretation on my part from the originals when notes were not always clearly identified as to which column they belonged in. I have made some little attempt to identify some of the key players but make no guarantee that my efforts are wholly correct. I now await the tirade from those who will correct me to correct my thinking.

In the true spirit of Cluedo I will ask those reading this to identify whom "R. Farquharson" was. You will note that no statement was taken from him during these events; was he already in gaol?  I also leave further research to be done by anyone willing to take up on these notes.

I will also leave the choice of weapons for the attack on Mr Yates to your imagination; although for this latter event in my opinion Dykehead would be a likely venue.

Andrew J. M^cHardy

12^th February 2003

First Paper

In the consequence of a requisition from several of Sir Charles Forbes tenants on the Lands of Skellater in Corgarff. I held a meeting at the Church of Loinorn on the _ of April last at which meeting all the tenants on said properties attended, for the purpose of clearing themselves of the concern in the rescue of Farquharson and the assault on Mr Yates the Excise Officer, and of giving all the information in their power in order to lead to the discovery of the persons guilty of these atrocities. The result of which meeting was that the greater part of the persons present brought forward respectable witness to prove their innocence in both cases as will be seen below: -

With regard to the rescue of Farquharson the unvarying and almost universal report of the present at said meeting. Strongly attached suspicion to the following persons: which suspicion is corroborated by the fact that the suspected persons who appeared failed in bringing forward witnesses who could prove them innocent, and with regard to the assault on Yates the enclosed declarations plainly show who was the guilty person, and if further evidence were necessary it may be found in the fact that A.M. has left the country.

The following text is scored out: -

With regard to the assault on the Excise Officer and witnesses J.S can prove that A.M. committed the outrage and from the declaration of W.M. it is evident that he also must have been present.

There is no signature on this document to identify the author.

The following in my humble opinion are most likely the guilty parties in the eyes of the unknown author of these documents. However, I could be wrong and in the process doing certain individuals a great injustice.

Who is "J.S."?

This is undoubtedly James Stewart who is mentioned throughout the document. James is listed as a subtenant at Delnadamph.

Could the following be him? The 1841 census shows a 50-year-old carpenter called John Stewart at Delnadow, next to Delnadamph. This John Stewart is mentioned on many of the glens burial records at the certification of burial. According to his death certificate he was the son of James Stewart and Christina Ferries. He died on the 21^st May 1872 aged 81 years at Delnadamph. However a list of tenants on the estate in 1832 makes no mention of him at Delnadamph or Delnadow. Perhaps it could be that on the document referred to the sub tenants on a property were not recorded?

Who is "A.M."?

From the attached papers the initials A.M most probably refers to Alexander M^cHardy of Bruchroy/Brachroy/Brughroy (Bruach Ruadh in gaelic meaning red bank) whose name is prominent throughout these documents. The farm of Bruchroy had disappeared by the 1841 census. It sat on the south side of the River Don on the low shoulder of Cairn Oighreag, east of Delnadamph. The last mention of it that I know of is in a document dated 1832 in the special collection at the University of Aberdeen. At this time it is leased to a Robert Stewart.

There is no record of an Alexander McHardy (or in the Gaelic form of the first name Alister) being born at Brughroy.

In 1825 Janet M^cIntosh, widow of William M^cHardy applied to Sir Charles Forbes of Newe, Bart. to have the lease on Brachroy renewed. The record states that she holds the farm at a rent of £8 2/6d (8 pounds, two shillings, and sixpence). This record mentions that the lease had been written over to an Alexander M^cHardy on 15^th August 1806. The 1825 record shows that the lease is to be renewed "if she is capable of holding it; or in favour of her son, he taking care of his mother". The name of the son is not recorded. (The writing is very difficult to read on the original document, and if Jean is in possession of Brachroy in 1825, perhaps it was she who took it over in 1806 from Alexander?).

The Old Parish Records for Strathdon and the adjoining parishes show no children with parents William M^cHardy and Janet M^cIntosh. Leases at these times were held for 19 years, and hence the need for renewal in 1825.

However, one of the few horizontal gravestones in Corgarff Cemetery is to an Alexander M^cHardy of Brughroy who died in 1821. This is before the meeting mentioned above to renew the lease; so perhaps we find the individual who is mentioned in relation to the lease in 1806.

Alexander M^cHardy late in Brughroy died 2/05/1821 aged 72 (or 78?) years

Could this Alexander have been the grandfather or the uncle of the one who found himself in trouble.

The Strathdon OPR has the following children of Alister M^cHardy and Jean Riach baptised at Broughroy. Alas no Alexander.

11^th November 1792 Charlotte

25^th August 1796 Charles and Ann (twins)

17^th April 1798 William

Although for the present I cannot say for sure who A.M.; I have most likely identified his family group in a Corgarff which was awash with M^cHardys at this time. It is a pity that these records do not identify his age. We are informed that A.M. has left the country; by that I assume they mean the parish rather than him sailing away to the colonies. What became of him is another mystery?

Who is "W.M." ?

This is William M^cDonald, carpenter, residing at Altnakeist. You will note his reticence to provide an alibi or give up his evidence in the matter on the fourth and fifth papers attached.

But who was he? There is only one William McDonald appearing on the 1841 census of an appropriate age. This is at Auchmore, near the Milton of Allargue where a 55 year old William M^cDonald is employed as an agricultural labourer. I have no further information on this individual; or whether he is the "W.M." of the documents.

Second Paper – List of Tenants Names on the Estate of Skellater

Interestingly no names appear but the farm names. Most have no entry next to them, although three have an ‘X’.

Daldergie

Mains

Westerton

Boilmore and Ord

Shinnach

Balniden

Mill of Garchory

Garchory

Delnine

Culnabachan

Boggach

Tornahaish

Ditto

Ditto

Boilhand X

Ordachoinachan X

Corryhoul Easter

Corryhoul Wester

Burnside

Dykehead

Roadside

Delahaish

Clashnore

Loinorn

Ordachoy

Delavine

Aldamph

Delachuper

Badenshalloch

Ordgarff – absent.

Boghead – absent.

Luib

Dulrick

Cockbridge – absent.

Castleton – not at home.

Bunchroy

Altnean X

Badachurn

Delnadamph

Muirvannach – not at home.

Third Paper – Names

There are no notes as to why these names appear on this sheet of paper. Perhaps they were the main suspects or the author though that they knew more than they were telling?

Two of the entries have a cross next to the names.

John Stewart Subtenants at Delnadamph

Charles M^cHardy jnr. Ordachoy

William M^cDonald Carpenter residing at Altnakeist

Alexander M^cHardy in Bruchroy

John and Duncan Michie in Badachurn

+ Alexander Davidson in Miltown of Allargue

Arthur Wattie in Dellavalish ditto

+ Donald Stewart in Ordgarff

Fourth Paper – List of Persons Reported to have rescued R. Farquharson

26^th April 1826

Fifth Paper – List of Persons Reported to have committed the Outrage on Mr. Yates Officer of Excise.

Sixth Paper – Alibi’s

Page 1^st

John M^cHardy in Dulridge brought forward John M^cHardy junr. In Ordgarff as the only person present at the meeting who could testify that he was at Edinglassie on the evening on which R. Farquharson was rescued from the Excise – and Donald Cumming and George M^cHardy both in Cockbridge who can testify that he was at Bridgend at the time when the outrage was committed on Mr. Yates.

The layout of the original document in this section is at times confusing. It has four columns on two pages (the fourth having no evident purpose other than overflow from the others). In some instances the overflow from the second column on the original is written into the third column. On the original it was not always clear which column the entries refer to. However, I have done my best to represent the information in the column it was intended to be a record.

Page 2^nd

April 26 & 28^th

The use of brackets in the column headed "Witness for Mr Yates" would appear to denote a continuation of the "Witness for R Farquharson column".

Page 3^rd

April 28^th

Page 4^th

Corgarff Cluedo

I'll add nothing more here for the moment. I've done my bit for the cause. The tasks have been set for you.  If anyone would like to follow up on this story then please do so and share your findings with us all. Here are some things to think about: -

1. Who was R. Farquharson and what became of him after being set free?

2. Who was and what became of A.M.?

3. What were the findings of the hearing in Aberdeen?

4. Was anyone convicted of firing the Corgarff Castle Distillery?

Who do you think was involved? Has any oral tradition come down through the generations? Below is a message board for you to exchange your views on these events; and share your own input and research. This medium will allow us all to share in it rather than emails shooting back and fore.

Leave your own Message....................

Please make your entry here. Once you click the submit button you will find yourself at a page which thanks you for your efforts. Click "Return to website" and you will be brought back to this page. You can now view your entry via the "View the Corgarff Cluedo Discussion Here" button below.

If you have just left an entry; and want to View it..........remember that you may have to hit your refresh button while at the entries page to see it (depends if your browser updates a page during a session).

{The End}

Donald Stuart 1829

We are indebted to David Walker for the following which he collected on a trip to Edinburgh. David also kindly arranged for permission to have the data reproduced here. See David's website about the good folk of Glen Nochty at www.glen-nochty.com .

Is the following a trial which resulted after the hearing mentioned by Charles M^cHardy of Ordachoy above relating to the freeing of Farquharson and attack on Yates ? Or is this yet another incident in the history of the glen standing against the authority of the state to tax the water of life?

David writes....." In Scotland more serious crimes were tried in the High Court, which sat in Edinburgh and in three circuits, of which the Northern Circuit comprised Perth, Aberdeen and Inverness. Proceedings of the High Court are recorded in the National Archives of Scotland JC series, available in West Register House. Sometimes (but apparently not in this case) there are precognitions which provide extra information, or there may be papers in the High Court Processes papers, which require 48 hours to order from store. So there may be more information available in the Processes papers for another visitor to Edinburgh.

We are obliged to the National Archives of Scotland for the following information:

The High Court of the Justiciary at Aberdeen on 22 April 1829 had to defer the trial of Donald Stewart because of the absence of a material witness, in the light of which the Advocate depute had to seek a petition against Duncan Michie now or lately servant in the employment of James M^cHardy farmer at Dunfiel in part of Strathdon. This Duncan Michie was fined 100 merks scots (National Archives of Scotland JC 11/76 page 4).

The trial resumed on 9 September 1829 (JC 11/76 page 47) in Aberdeen before Alexander Maconochie Lord Meadowbank. Present as usual were the Sheriff depute of Aberdeenshire, the Sheriff substitute of Banffshire and the Sheriff depute of Kincardineshire.

‘Donald Stewart labourer lately prisoner in the Jail of Aberdeen and now or lately residing at Ordgarff in the Parish of Strathdon was indicted and accused of the crimes of obstructing resisting and deforcing officers of the revenue in the execution of their duty [&c] as particularly set forth in the Indictment raised [&c]. The indictment was read over to the Pannel [the accused] in open court and he being interrogated upon pleaded not guilty.’

On the following day 15 jurors chosen by ballot were appointed to serve upon ‘the assize of the pannel’ and lawfully sworn no objection or challenge being made. ‘The following witnesses were then adduced in support of the libel’ [the accusation]. For the first four there is no record of the evidence, perhaps because it was recorded in a precognition (which is missing) or in Processes papers (unexamined as yet):

1. Colin Munro, Officer of Excise, residing with John Tawse farmer at Milltoun of Edinglassie

2. John Yates officer of excise at Mill of Garchory

3. Charles M^cHardy wright residing with his mother Ann McHardy widow at Ardachoig (Ordachoy)

4. Duncan Michie residing at Badachurn Parish of Strathdon

5. Peter Grant servant in the employment of John M^cHardy farmer at Loinheary in Parish of Strathdon who

   ‘being (as all the other witnesses had been) lawfully sworn, examined and interrogated depones that upon the day libelled he, Gillanders and Michie were engaged driving divots for the thatching of James M^cHardy’s house – depones that he usually dines between two and three o’clock – that before he got his dinner on that day he saw a party of Excise pass with a prisoner going Eastward – that he and the other persons engaged at the same work with himself did not on the said occasion give over working, but continued their work until the usual time of their giving up work, which is betwixt six and seven o’clock – depones that when they gave up the sun was not down – that immediately thereafter he went home with his beast to Dalevalish which is on the west side of the water – depones that he then went down to the Mill of Garchory to the merchants and nobody was with him but Sandy Gillanders – that upon the road to the merchants he saw no person whatever – and in particular did not see Duncan Michie – depones that having paid money to the merchant at Garchory he immediately returned towards his home, and that Michie was (not) [not crossed out and witnessed as crossed out] along with him having met him at the merchants – depones that he did not see a gun in Michie’s hands at that time that he minds of – that Gillanders also came home with the deponent – depones that he neither saw nor heard shots fired – depones that when he got home it was not quite dark- depones that he did not hear Michie say to any man on the road home "is that you Donald" – and that he saw no man on his road home – all which he depones to be truth and that he cannot write

6. Alexander Gillanders servant in the employment of Donald Cumming at Cockbridge

The Advocate depute here gave up the case

The Jury find the libel not proven

Lord Meadowbank dismisses the Pannel [the accused] from the bar’.

This being a complete record of the proceedings, it leaves us having seen the denouement of the drama without having seen the earlier episodes. Is this the same case as that investigated at the meeting held at Loinorn in April 1828 on the subject of the freeing of R. Farquharson and the attack on Mr. Yates Exciseman?

What was Duncan Michie’s story, which he had not been ready to provide when the case came to the High Court earlier? If Peter Grant’s evidence was so convincing, why had it not been considered earlier?

If nothing else, we are left with a nice snapshot of Peter Grant’s working day.

[Incidentally Donald Stewart or Stuart residing at Torranbreach or Torranbreck in the parish of Strathdon had been tried in Aberdeen on 22 April 1824 before Hon David Monypenny of Pitmilly in what was then called the Itinerant Judiciary of the Northern Circuit (JC 1/68 page 45). Accused of the crimes of assaulting, obstructing and deforcing officers of the revenue, he pleaded guilty to the crimes of assault and deforcement without the aggravations, was found guilty but allowed proof of exculpation, and was sentenced to be imprisoned in the tollbooth of Aberdeen for a period of one month.]

Also: Diane Wesimiller, a correspondent of British Columbia, Canada is descendent from Harry Michie of Badachurn. Harry was her 3 x great grandfather and died in a snowstorm in 1818. His son Duncan Michie left Corgarff in 1839 with his family and settled in Forfarshire in the Parish of Lochlee (which is one on of the passes into Forfarshire from the north, no doubt a whisky smuggling route). Three of Duncan's sons became excise officers ! Very much a case of poacher turned gamekeeper.