THE LATHERON SMUGGLING CASE
FINE OF £400
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| Wick Sheriff Court |
At a Justice of the Peace Court held at Wick on Monday –
Provost Rae and Bailie Bruce on the bench – William Taylor, residing at
Stemster, in the parish of Latheron, was summoned on an information charging
him with being the owner of an illicit still, the seizure of which, on the 13th
of September last, has already been reported in our columns. The penalty for
being the proprietor of the still is £200, with an additional £200 for the
place where it was concealed. There was an alternative charge against Taylor of
having the still in his custody, and for this the penalty is also £200, with
£200 for the place of concealment. The aggregate penalty set forth in the
information was thus £800.
Mr McLennan, procurator-fiscal, prosecuted on behalf of the
Board of Inland Revenue, and Mr G. M. Sutherland defended. Taylor did not
appear, and a certificate by Dr Burn was produced to the effect that defender
was suffering from rheumatism, and was unable to come to Wick. It was explained
that the case could be proceeded with notwithstanding Taylor’s absence.
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Good on Dr Burn the family physician.
Magistrates and other local officers were often deeply implicated or sympathetic in smuggling cases to the point where, unless a 'smuggler' was actually caught, a conviction was hard to get. |
Mr Peter Henderson, excise officer at Lybster, having been
sworn, stated, in answer to My McLennan, that he personally served the summons
on Taylor on the 19th October.
By Mr G. M. Sutherland – Had seen Taylor on the occasion of
the capture of the still on the 13th of September.
The following evidence was then called in support of the
information: -
Mr S. S. Dawe, supervisor of Inland Revenue, deponed that
on 13th September he saw William Taylor, and previously heard a good
deal about him. Heard that Taylor was in the habit of distilling and making
malt, and in consequence of that report, witness went to his house at Stemster
on the date named, accompanied by Mr Henderson, the officer at Lybster. On the
day previous, had seen Taylor’s wife at Rangag, and spoke to her. Rangag is
about four miles from Stemster. Reached Taylor’s house about noon on the 13th,
and was met at the door by Taylor’s sister. Went into the house, and after some
conversation left, but returned soon afterwards to make a search, and met the
sister and son and daughter of Taylor, to whom witness explained the purpose of
his return. No opposition was offered. Found nothing of any importance in the
apartment used as a sitting room. Went afterwards to a bedroom, and found half
a dozen jars, some of which smelt of spirits. Taylor came in about this time.
On continuing the search, some grains of malt were found under the box-bed.
Provost Rae – About how much? As much as you could hold in
your hand?
Witness – Not so much as that. Witness went on to say that
he pointed out that several of the grains had germinated, and been thoroughly
malted.
Bailie Bruce – Would no vegetation be produced by the grain
lying on a damp earth floor?
Witness – No, it would only mildew. Besides, I am able to
distinguish grain that has been malted. Witness then told Taylor that he was
aware that besides malting, he had used an illicit still, and that further,
witness had tasted some spirits made by him in the October of the previous
year; also some beer which he had made in 1876. (Laughter.) Taylor said, in
reply, that he had never made malt or used a still. Witness reminded Taylor
that at his son’s marriage he had lamented that he had not more of the
home-made stuff, in consequence of the watchfulness of the excise. In the
sister’s house found a bottle full of what appeared to be wort and yeast, but
which the sister said was wort and treacle. Next proceeded to search the out-house.
Built at the end of Taylor’s house was a windowless house, which was under lock
and key, and with the door facing up the hill. It had no common action with the
dwelling-house. Taylor was unwilling to unlock the door, but ultimately did so.
By Bailie Bruce – The key was not in his pocket, but was
brought to him by his daughter from the house.
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| Illicit Still room. Source Am Baile |
Examination continued – Inside this small house were found
two large wooden vessels, one of which appeared to be a mash-tun, and the other
a fermenting vat. The mash-tun would contain
about 10 gallons, and the other vessel 130 or 140 gallons.
By Provost Rae – If these vessels had been used for barking
nets, they would have been coloured inside. They had all the appearance of
being used for the purposes for which witness supposed them to be used.
By Mr McLennan – Also found three sacks in one of which
were some grains of malt. Called Taylor’s attention to the malt, and also told
him that witness knew he had made spirits within six weeks from that time..
Defender admitted that he had made a bushel of malt lately, and said he had
need the malt to make a drink for an invalid. He also stated that although he
had no still himself, he had used the one seized in Watten belonging to Mackay.
He offered witness his hand to certify that this statement was “God’s truth.”
Declined to take the proffered hand. Inside this same small house was a stone
structure, about three feet high, of the same width, and five feet long. The
structure was covered with a large flagstone. Taylor said he used the structure
as a bench for doing odd jobs on. Witness proposed that the flagstone should be
removed, and on this being done damp clay or mortar was found. On probing this,
a hole with a vent, and also a quantity of peat ashes was found, showing that a
fire had been recently used. Taylor after some parleying, admitted that this
was the place where he heated the still which he got from Mackay. The vent
communicated with the chimney of the house, but witness could not specify the
means of communication. Witness then told Taylor that he must give up the still
and so consider himself a prisoner for illicit malting. Taylor replied that he
had a still, but it was a long distance off, and that he would show it in the
course of the ensuing night if he was not taken off to prison. He said it was a
partnership affair, and that Macgregor of Baderyrie had it. This was between
five and six o’clock. The officers then had tea in Taylor’s house, and asked
Taylor to join them.
About seven o’clock witness left Mr Henderson, and after
strolling about for half an hour came upon a covered tank. It seemed to be a
sunk cask, and was about four hundred yards from the house. Taylor on this
discovery being mentioned to him, said this was where he kept the still before
it was sent to Macgregor’s. An hour afterwards Taylor said he would now fetch
the still, and proposed going himself. Witness, however insisted on
accompanying him, and to this Taylor consented, but he said he must wait until
it was dark, in order that the neighbours might not see him. Sometime after,
Taylor said that the still was not at Macgregor’s, and that Macgregor knew
nothing about it. He added that if the officers went away from the house he
would bring the still to them, but witness would not agree to this. About ten
o’clock Taylor conducted the officers to a covered tank about a dozen yards
from his own house, and in this tank the still was found.
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| Excise men at illicit still near Gairloch late 19th C |
Bailie Bruce – Then it was not MacKay’s still?
Witness – How could it be, when Mackay’s still was broken
up and sold as copper? Taylor’s still was a smaller one than Mackay’s. It would
hold thirty-six or thirty-eight gallons.
Cross-examined by Mr G. M. Sutherland – We smelt whisky in
some of the jars found. Could not tell from the smell whether it was lawful or
unlawful whisky which was in the jars. Found some grains of malt but did not
show them to any other person.
Mr Sutherland said these grains should have been produced.
Cross-examination continued – The grains were in the
custody of the Inland Revenue. The grains were lying on an earthen floor in
Taylor’s house. Could not say if the malt was of this or last year’s growth.
Taylor seemed to be about forty years of age. Had no farm so far as witness
knew. The nearest house to his was about a furlong off. Did not see any
cornstacks close to Taylor’s house, but there was corn on the other side of the
road. Taylor is the tenant of the house in which he lives, but the rent is paid
by the Parochial Board of Latheron. He had been informed of this by Mr Nimms,
the factor on the estate. Never saw in the same district vessels similar to the
two to be found in Taylor’s out-house. They were hooped with iron, but could
not say if they were painted on the outside. The vessels could have been used
for washing purposes. Did not find the worm and head of the still. A distillery
apparatus was not complete without the worm and the head. Believed Taylor said
he had not made whisky for six weeks. Taylor admitted that he had a still.
Mr P. Henderson, Inland Revenue officer, Lybster, deponed
that on the 13th of September he accompanied Mr Dawe to William
Taylor’s house, and was present at a search of the bedroom. Saw grains of malt
in Mr Dawe’s hand. But was not in the room the moment they were found.
By Provost Rae – There would be twelve or fifteen grains.
By Mr McLennan – Taylor was present, and denied that it was
malt. Searched an out-house at the end of the dwelling house, and found two wooden
vessels, and also a concealed furnace with the ashes in it. Taylor owned that
he had used the furnace for heating a still, and also that he had malted
barley. He said he had no still of his own, but had the loan of one; but
afterwards he stated that he had a share of one with Mr Macgregor, Baderyrie.
He admitted that one of the wooden vessels was a mash-tun and the other a
fermenting vat. Witness then corroborated Mr Dawe’s evidence as to the finding
of the still.
By Bailie Bruce – Taylor indicted the place where the still
was, saying, “Here it is!” but witness removed the turf and flagstone which
covered the hole.
By Mr McLennan – Taylor said, “Yes you will see by the
still that it has not been here for a long time.”
The officers then seized the
still, and also the wooden vessels and a bag containing some grains of malt.
Taylor added that John Mackay, Watten, had been sent by the supervisor to warn
him and that he had not distilled any since that time.
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| The Capture of an illicit whisky still. The Graphic 29 Sep 1883. As we know Taylor's equipment was not smashed but taken to Wick on Mr Water's cart |
Cross examined by Mr Sutherland – Taylor admitted that the
still which was found belonged to himself, although his first story was that it
was a partnership between him and Macgregor. He also said that he concealed the
still where it was found.
Mr McLennan, in moving for judgement, said that there could
be no doubt that the still had been found in the possession of the defender.
After a few words by Mr Sutherland on behalf of Taylor. The
justices gave their decision, finding it proven that Taylor was in possession
of the still, and imposing the statutory penalty of £400. The alternative
charge as to the ownership was departed from.
Northern Ensign 7 November 1878
