Having done lots of research in the 1890’s era, I’ve found many occasions where Mr William Small, miner agent of Blantyre was involved in heated discussions. As a member of Blantyre Parish Council, his forthright ideas and opinions were often challenged and his outspoken nature could see him rub people “up the wrong way”. Quite ideal if you’re a miners agent speaking up for miners rights.
Mr Small of course eventually had one of the crescents in Blantyre named after him, so his legacy absolutely endures. One such abrasive encounter was with authorities, the Fiscal no less in 1897! The courtroom transcript appearing here.
First some context. Mr Small during 1897 had honourably become used to standing up in the JP Court to defend people he thought were innocent. Mostly youngsters wrongly accused of something. He had become accustomed that year to appearing in the defence of “delinquents” in circumstances when he knew or believed them to be innocent. Very admirable I hear you say.
No serious objection was taken to this practice by the court officials, though it was an annoyance to them, as they preferred to examine the “delinquents” themselves, rather than a defence agent. It all came to a head on the last Monday in August 1897 when a number of Blantyre children were in court charged with stealing coal. Mr Small believed them to be innocent and stood up from the audience to represent them, again to the annoyance of the Fiscal.
The Fiscal (David Patrick) had enough. Speaking up he explained to Mr Small that it was quite irregular for him to appear and represent youngsters he wasn’t even related to or was in service to. Mr Small remarked there was nothing in the JP Act which prevented him from representing the prisoners.
Ex Provost Wylie – “Well Mr Small. The Fiscal says you cannot appear here.”
Mr Small – “I don’t care for the Fiscal” (Much commotion in the court room)
The Fiscal – “How dare you speak to me , sir in that manner!”
Mr Small (sarcastically) -“How dare I indeed!”
The Fiscal – “Yes. How dare you.”
Mr Small – “I am as good a man as you at any rate.” (Uproar in the courtroom)
The Fiscal – “You have no right to speak to me in that way,”
Mr Small (to the bench) – “Your honours. It has never been recognised that none but practitioners or recognised men should appear here.”
Mr Gebbie (Clerk) – “Mr Small. I’m afraid you cannot appear.”
Mr Small – “Well your honours, you are violating the JP Act.”
The Fiscal – “He will sit down and is not allowed to speak here at all.”
Mr Small – “I can appear in the JP Court without permission from anyone, especially in defence of the innocent.”
Mr Gebbie – “But you are not a practitioner sir.”
Mr Small – “Your honours, I ask you to refer to the JP Statute”
The Fiscal – “We might have 50 different people coming forward if you are allowed to appear.”
Mr Small – “Then 50 you would have to deal with here then.”
The bench then held a short consultation with each other away from the ears of Mr Small. Ex Provost Wylie then intimated to Mr Small that the judges were refusing to listen to him.
Mr Small (to the judges) – “You are committing a gross violation of the JP Act”
Ex Provost Wylie – “Mr Gebbie, take a note that the judges refuse to hear Mr Small.”
Mr Small – “I ask you to dismiss this case for these children until a procurator is appointed who knows what he’s doing.” (Uproar in the court)
Mr Gebbie – “Please sit down sit, you can appeal if you want to.”
Mr Small – “This is a great injustice.”
With this parting shot, Mr Small left the court closing the door loudly behind him. The hearing of the case was proceeded with (the children without their defender!)
Illustration: AI imagines the scene.
Featuring Blantyre Project Social Media with permission. Strictly not for use by others on or offline, our visitors said,
Barnie Gough A just man