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    1. [ENG-WESTMORLAND] Carlisle Patriot, 17 Oct 1818 - Scotland News
    2. Petra Mitchinson via
    3. Saturday 17 Oct 1818 (p. 3, col. 5-6) SCOTLAND. His Majesty's Justices of the Peace on the Scottish Border, fined James M'LACHLAN, servant to Mr. George CHAMLEY, carrier, for travelling with his carts last Sunday evening, on the road betwixt Longtown and Langholm. It is greatly to be wished, that Magistrates in general would strictly enforce the law in regard to due observance of Sunday; for it must be obvious to every person, who considers the matter, that a disregard of this sacred day is one of the first steps towards the commission of the long and encreasing list of crimes that are so disgraceful to our country. * * Extract from Statute 7th. William III. Chap. 17.-"All persons shall, on every Lord's Day, apply themselves to the observation of the same, by exercising themselves in piety and true religion, publicly and privately. And no tradesman, artificer, workman, labourer, or other person whatsoever, shall do or exercise any worldly labour, business, or work of their ordinary callings, upon the Lord's day, or any part thereof. And every person, being of the age of fourteen years, or upwards, offending in the premises, shall for every such offence forfeit the sum of five shillings; and no person shall publicly cry, shew forth, or expose to sale, any fruit, herbs, or goods, upon the Lord's day, upon pain that every person so offending shall forfeit the same.-S. 1. No drover, horse courser, waggoner, carrier, butcher, higler, or any of their servants, shall travel, or come into their inn or lodging, upon the Lord's day, upon pain that every such offender shall forfeit twenty shillings.-S. 2. No person shall play or exercise any hurling, commoning, foot-ball playing, cudgels, wrestling, or any other games, pastimes, or sports on the Lord's day; and if any person shall offend therein, and be thereof convicted, as hereinafter directed, every such person shall forfeit twelve-pence, to be immediately paid to such Justice of the Pease [sic], or Officers, before whom such conviction shall be.-S. 3. And if any person offending against this act shall be thereof convicted, before any Justice of the Peace, or chief Officers, where the offence shall be committed, upon their view, or confession of the party, or proof of one witness by oath, the said Justice, or chief Officer, shall give warrant to the Constables or Church Wardens of the parish where such offence shall be committed, to seize the goods cried, shewed forth, or put to sale as aforesaid, and to sell the same; and to levy the other forfeitures by distress and sale of the goods of every such offender, &c.-And in default of distress, or in case of inability of the offender to pay the said forfeitures, the party offending shall be set publicly in the stocks two hours.-S. 4. Abuse of Parents.-On the 25th ult. a person of the name of OLIVER, a journeyman plasterer, was tried at Kirkcudbright, before Sir Alexander GORDON, steward of the stewartry, and a special jury, for the crime of cursing and otherwise threatening, and for using personal violence towards his aged and widowed mother. Several witnesses were examined, whose evidence conclusively established the fact of the prisoner having abused her in the grossest manner, and of his having threatened to deprive her of life; none of the witnesses saw the prisoner strike his mother, but one of them affirmed, that from various circumstances she had no doubt of his having done so. The agent for the prisoner offered to examine evidence relative to his conduct in jail since his apprehension, which, it was contended, would prove that the prisoner was imbecile, and not in the possession of his entire faculties. This evidence was rejected by the steward, on the ground that it had no reference to the period when the outrage was committed, and because the conduct of the prisoner in court, and the pertinence and sagacity of his remarks, shewed that he was perfectly sound in his judgment. The jury were then very ably addressed by Mr. GORDON, procurator-fiscal, on the part of the crown, and by Mr. NAIRNE on the part of the prisoner, and after a short charge from the steward, retired to consider their verdict. After a few minutes consultation, the jury returned a verdict, finding the fact of the prisoner's having cursed and otherwise grossly abused his mother proven, but finding the charge of his having struck her not proven. The prisoner was then addressed by Sir Alexander GORDON in a short but impressive speech, and sentenced to six months imprisonment, and thereafter to be banished the stewartry for the space of seven years. This is the only case of the kind which has been tried in Scotland for many years. The court was throughout very much crowded.

    11/02/2015 01:21:48