The Tinker Witch Part B The Sheriff Pronounces Sentence

JOG Journal June 14, 1866

 

The Wick Sheriff Court was a new and elegant building. It opened in 1866. It would have been quite intimidating for Esther. To suggest she feigned a fit is possibly nonsense. She may have been very frightened.

This is a view of Bridge Street, Wick, showing the Royal Bank of Scotland building (with scaffolding), Town Hall and Sheriff Court House. Source: Canmore.org.uk

 

 

“The libel, which was a lengthy document, and having been read over to her, she pled guilty, and Mr Nimmo, who appeared in her behalf, having called the attention of the Sheriff to the fact that she had been in prison thirty days already, and that the previous conviction against her was for the trifling offence of obtaining a shilling by spaeing a fortune”.

An example of court wig and gown worn by Judge George William Paul, 1874

 

“The Sheriff said he was very much surprised that people in this county could be taken in by such a poor and paltry trick. Had the case gone to proof, he would have liked very much to see what sort of people they were who allowed themselves to be so imposed upon. Taking the whole circumstances into consideration, he would pronounce a sentence of twelve months imprisonment in the General Prison at Perth. The culprit seemed rather taken aback at the severity of the sentence which was evidently totally unexpected. When she first came into the dock she tried to enlist the sympathy of the court by feigning a fit, in which, she did not succeed according to her anticipations, and very quickly recovered her senses, on being severely ordered to stand up”.

Sheriff Court, Wick. The holding prison was behind and below.

My Comments:

I am not qualified to comment on the historic injustices and discrimination that Scotland’s travelling community has endured for centuries. But this sad story about Esther Townsley’s sentence is an example of the shameful double standards that existed between the resident Highlands' people – fisher folk and cottars – and the ‘travelling’ community. The Sheriff admits his surprise at the fisher family being ‘taken in’ and wouldn’t mind meeting such people. He doesn’t acknowledge that the exchange between the Henderson’s and Esther Townsley was totally voluntary. She could invite but not force the exchange of money. They could have walked away but didn’t. People then, as now, have long been fascinated with fore-telling the future and the Hendersons were willing parties. They didn’t even have to appear in court. 

But just about everywhere one looks there have long been policies in place to do away with the travelling community. Despite being informed by Mr Nimmo that the accused had already been in prison for 30 days, the Sheriff didn’t think twice about imposing a cruelly severe sentence designed to destroy Esther Townsley. 

 

The incident was reported in many papers across Scotland with some letters deploring the stupidity of the Hendersons and giving examples of other similar dealings. 

With a quick look I found 43 newspaper articles about the case. 

The Hendersons may have needed a good fishing season but Esther Townsley had about as many mouths to feed as this family.

 

Perth Prison

To be continued.