The Statutory Penalty of £400

THE LATHERON SMUGGLING CASE

FINE OF £400

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 13^th 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.

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 19^th October.

By Mr G. M. Sutherland – Had seen Taylor on the occasion of the capture of the still on the 13^th of September.

The following evidence was then called in support of the information: -

Mr S. S. Dawe, supervisor of Inland Revenue, deponed that on 13^th 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 13^th, 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.

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.

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 13^th 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.

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