HER MAJESTY'S ADVOCATE-Thoms A. D. AGAINST ROBERT LAWSON-Brand. WILFUL FIRE-RAISING-SETTING FIRE TO FURNITURE WITH INTENT TO DEFRAUD CREDITORS INDICTMENT-RELEVANCY.-An Indictment charged Wilful Fire-Raising, as also the wickedly and feloniously Setting Fire to Articles of Furniture and other effects in any house or other premises, with the wicked and felonious intent of defrauding any individual who has affected the same by sequestration or other legal diligence-Objection sustained, that the second charge was irrelevant, in respect it did not set forth an indictable offence, and the charge struck out of the indictment. ROBERT LAWSON was indicted and accused No. 11. Robert Lawson. Perth. 1865. Fire-Rais THAT ALBEIT, by the laws of this and of every other well-governed realm, Wilful Fire-Raising; As also the wilfully, wickedly, and April 12. feloniously Stting Fire to Articles of Furniture and other effects in any house or other premises, with the wicked and felonious Intent of Wilful Defrauding any individual who has affected the same by sequestra-ing, &c. tion or other legal diligence, are crimes of an heinous nature, and severely punishable: YET TRUE IT IS AND OF VERITY, that you the said Robert Lawson are guilty of the said crimes, or of one or other of them, actor, or art and part: IN SO FAR AS, you the said Robert Lawson, being tenant of a room or apartment and garret in the upper storey of a building occupied as dwelling-houses situated in or near Leslie Street, in or near Blairgowrie, in the parish of Blairgowrie, and shire of Perth, at a yearly rent of £3 sterling, payable at the term of Whitsunday yearly, and to which room or appartment and garret entrance is had by a court leading off Croft Lane, in or near Blairgowrie, and which building is the property of James Robertson, now or lately residing at or near Dalnabreck, in the parish of Kirkmichael, and shire of Perth, and sequestration for the rent to become due by you as at the term of Whitsunday 1865, being the sum of £3 sterling, at the instance of the said James Robertson, having been awarded against you and your furniture and other effects by the Sheriffsubstitute of Perthshire, on or about the 11th day of November 1864, and the said warrant having been carried into effect on or about the said 11th day of November 1864, and your furniture and other effects having thus been affected by the said sequestration, you the said Robert Lawson did thereafter threaten to destroy the same, and the said room or apartment and garret, or one or other of them, by fire, No. 11. Robert Lawson. Perth. 1865. Wilful Fire-Raising, &c. and did (1.), on the 12th or 13th day of November 1864, or on one or other of the days of that month, or of October immediately preceding, or of December immediately following, wilfully, wickedly, and feloniApril 12. ously set fire to the furniture and other effects belonging to you in the said room or apartment so occupied by you, which had been affected by the said sequestration, or part thereof, by applying a lighted lamp, or some other ignited substance to the prosecutor unknown, to some straw or chaff, or some other combustible substance in the said room or apartment to the prosecutor unknown, or in some other way to the prosecutor unknown, and the said fire did take effect, and did burn and destroy the said furniture and other effects belonging to you, which had been affected by the said sequestration, or part thereof; and this you the said Robert Lawson did, with the wicked and felonious intent of defrauding the said James Robertson: LIKEAS (2.), you the said Robert Lawson did, time above libelled, wilfully, wickedly, and feloniously set fire to the said room or apartment, by applying a lighted lamp, or some other ignited substance to the prosecutor unknown, to some straw or chaff, or some other combustible substance in the said room or apartment to the prosecutor unknown, and the said fire did take effect, and did burn and destroy the said room or apartment occupied by you as aforesaid, and the floor and roof thereof, the property of the said James Robertson; and did also extend to and burn and destroy the whole or a great portion of the roof of other two rooms or apartments in the said upper storey of the said building, which were then or lately before occupied by Elizabeth Palmer or Ayson, widow, then or lately before residing there, and were also the property of the said James Robertson; and did also extend to and burn and destroy a portion of the roof of the adjoining or neighbouring tenant, also the property of the said James Robertson, and then or lately before occupied by Hector M'Donald, labourer, then and now or lately residing there; and the said fire having been discovered, was by the exertions of well-disposed persons subdued and extinguished: And you the said Robert Lawson, being conscious of your guilt in the premises, did abscond and flee from justice. BRAND for the panel, objected to the relevancy of the second charge in the major proposition, charging the felonious setting fire to furniture which had been sequestrated, and to the corresponding part of the minor. He contended that if it be a criminal charge at all it is malicious mischief, and not a fraud of the same class as that committed against insurers against fire. Thoмs, for the prosecution, finding that the Court were disposed to sustain the objection, departed from the second charge. The libel as restricted was found relevant. The panel pleaded Not Guilty. The Jury, by a majority found the panel guilty. No. 11. Robert Lawson. Perth. April 12. 1865. Wilful Fire-Rais ing, &c. CITATION-INDICTMENT-POLICE-CONSTABLE.-Held incompetent for a police-constable to cite a panel to appear and answer to an indictment in the Justiciary Court. ALLAN SHAW was accused of sheep-stealing. No. 12. Shaw. Inverary. 1865. BRAND for the panel, objected that he had not been duly cited, the indictment having been served upon him April 19. by a police-constable, and not by a sheriff-officer-11 and 12 Vict. c. 19, sect. 6. MONCRIEFF for the prosecution, contended that under the General Police Act (25th and 26th Vict. c. 101, sect. 419), power to serve criminal warrants was conferred upon police-constables. The Court found that the said execution is invalid, 'whether under the Act 11th and 12th Vict. c. 79, or the 'General Police Act,' and therefore dismissed the libel and ordered the panel to be set at liberty. Sheep Stealing. May 4. 1865. GLASGOW. Judge-LORD NEAVES. HER MAJESTY'S ADVOCATE-A. Moncrieff A.D. No. 13. James Gavin and Others. May 4. 1865. AGAINST JAMES GAVIN, RORERT WHITELAW, JOHN WHITELAW, PHILIP PHLIN, MOBBING AND RIOTING-MURDER-Assault-Indictment-ReleVANCY.-Terms of an indictmeut charging certain individuals with mobbing and rioting, as also murder, as also assault,' which held not relevant to support a charge of the crimes of murder or assault apart from the crime of mobbing and rioting. THE panels were indicted and accused THAT ALBEIT, &c., Mobbing and Rioting; as also Murder; as also Glasgow. Assault, especially when committed by cutting or stabbing and to the effusion of blood and severe injury of the person, are crimes of an heinous nature, and severely punishable: YET TRUE IT IS AND OF VERITY, that you, the said James Gavin, &c., are, all and each or one or more of you, guilty of the said crime of mobbing and rioting, and of the said crime of murder, and of the said crime of assault, aggravated as aforesaid, or of one or more of said crimes, actors or actor, or art and part: IN SO FAR AS, on the 13th day of February 1865, Mobbing and Riot ing, &c, a mob or great number of riotous or evil-disposed persons, of which you, the said James Gavin, &c., all and each or one or more of you, formed part, did wickedly and feloniously, in or near the village of Dykehead, in the parish of Shotts and shire of Lanark, assemble for the unlawful purpose of assaulting, maltreating, and injuring a number of the lieges then in or near Dykehead aforesaid, who were or were supposed by the said mob or great number of riotous and evil-disposed persons to be protestants, or for some other unlawful purpose to the prosecutor unknown, and the said mob or number of riotous and evil-disposed persons, being armed in whole or in part, in pursuance of their unlawful purpose above libelled, with knives or other sharp and cutting instruments to the prosecutor unknown, sticks, paling stobs, and skullcrackers, or other lethal weapons to the prosecutor unknown, did then and there, conduct themselves in a riotous, tumultuous, and menacing James Gavin and Others. Glasgow. manner, to the disturbance of the public peace, and the great terror No. 13. and alarm of the lieges, and did, in pursuance of their said unlawful purpose, then and there wickedly and feloniously, attack and assault a number of the lieges, and did strike them with sticks, paling stobs, and skull-crackers, or other lethal weapons to the prosecutor unknown, and did cut or stab them with knives or other sharp and cutting instruments to the prosecutor unknown, and did otherwise maltreat and abuse them. Then followed five special charges, the first of which was as follows: In particular (1.), the said mob or great number of riotous and evildisposed persons did, time and place above libelled, wickedly and feloniously attack and assault John Barclay, a collier, then residing in or near Dykehead aforesaid, now deceased, and did, with a skullcracker, and with sticks, and paling stobs, or one or more of them, or with some other lethal weapons to the prosecutor unknown, strike him one or more blows on his head and other parts of his person, and did with a knife, or other sharp and cutting instrument to the prosecutor unknown, cut or stab him on his chest, whereby he was mortally injured, and immediately or soon thereafter died, and was thereby murdered by the said mob or great number of riotous and evil-disposed persons. The 2d, 3d, and 5th charges were in similar terms, except that they charged assault merely. The 4th charge, in addition to assault, charged the aggravation libelled in the major proposition. The indictment proceeded : And all this, or part thereof, the said mob or great number of riotous and evil-disposed persons did, in execution of the unlawful purpose above libelled, or for some other unlawful purpose to the prosecutor unknown: And you, the said James Gavin, &c., were all and each or one or more of you, present at, aiding and abetting, and actively engaged with the said mob or great number of riotous and evil-disposed persons, in the unlawful acts of mobbing and rioting, and of assault, and of murder above libelled, or one or more of them, and are, all and each or one or more of you, thereby guilty of the said crimes, or one or more of them. Counsel for the panels objected 1. The locus libelled in the five special charges was too vague. Some latitude might possibly be allowed in May 4. 1665. Mobbing and Riot ing, &c. |