Tale from a Shetland cemetery

It may seem odd to have a favourite graveyard – I’m not entirely sure. Genealogists certainly spend an above average amount of time in such places (second only to gravediggers and groundskeepers). Some graveyards are grand, with marbled angels standing mute and magnificent over the graves of past illustrious personages. Others are small and tucked away, grey headstones recording the patient lives of ordinary people - a name and two dates providing a starting point for research.

One short dash between the dates on a gravestone may be the only indicator of a whole lifetime. Sometimes, however, the gravestones yield more insights into the deceased’s life – or death. One small graveyard in a corner of the Shetland mainland has it all – the scenery, the stones and the story.

Eshaness cemetery © Nicholas Davidson

Eshaness cemetery is tiny – perhaps fifteen hundred square metres, walled off from the surrounding fields. It’s set on a long green slope leading up to the lighthouse and the famous Eshaness cliffs. The land is salted with sheep and lambs, the occasional wild bird startles the scene. It’s difficult to imagine a more peaceful place. Yet in this spot 166 years ago a gravestone was laid by a bereaved friend seething with grief and rage, now immortalised in stone and memory.

Donald Robertson, born 14^th January 1785, died 4^th June 1848, aged 63 years.

He was a peaceable, quiet man and to all appearance a sincere Christian.

His death was much regretted, which was caused by the stupidity of Laurence Tulloch in Clothister (Sullom) who sold him nitre instead of Epsom salts by which he was killed in the space of 5 hours after taking a dose of it.

Much regretted © Nicholas Davidson

37-year-old Laurence Tulloch was brought to trial in Lerwick on August 19^th 1848 where he was charged with ‘culpable homicide and the reckless and negligent sale of Saltpetre instead of Epsom Salts’. The case was heard by sheriff Charles Neaves and a jury of fifteen men, who pronounced Tulloch guilty yet asked for leniency due to his good character. Nonetheless, the knowledge of what he had done and the ostracism by the community led Tulloch and his family to leave the isles not long after, never to return.

Remote © Ceris Aston

If you’re as fascinated by the story as we were, check out the local HEARD website for more on both the deceased and the man responsible for his death.

In the meantime, why not tell us about your own favourite graveyards?

Happy #throwbackthursday!

Illegitimacy and the Sheriff Court

A few months ago we were approached by an individual researching a child born in 1856. Originally the child was registered as Donald Smith, son of Agnes Smith, illegitimate and no father’s name mentioned. The entry has been amended,however, to say that on the 15th day of August 1859 at the Sheriff Court of Aberdeen it was decreed that Donald Ross of Upper Kirkgate, Aberdeen, was the father.

At first glance this seems great, we can identify the father. Unfortunately, though, an inspection of the census and other records did not successfully identify Donald Ross.

The next step was to look at the decree books for the court. Sadly,however, in Aberdeen for this period they are missing. There are court minute books but these simply gave us the date of the decree (which we knew from the birth certificate anyway) and the solicitor of the pursuer, an interesting detail but not terribly helpful. If we had been able to see the decree books it may have told us enough information to identify the father, and it may also have told us when the court case began.

The only other option is to consult the court processes. In a nutshell the processes are the surviving paperwork for each case, and they would therefore likely give an address and occupation for Donald’s father.

The problem: as indexed by the National Archives there are 11 boxes for 1859! Starting at SC1/11/774 I searched these boxes, but I didn’t find it. In consultation with the client we continued to search back through the boxes, and eventually we reached box number SC1/11/749 (25 boxes later).

This was a time consuming search, and many would have given up. Not only did it cost the customer to pay for us to conduct the search but as any individual can only pre-order 12 items into the National Archives from TTH (where these records are out-stored) on any one day, it took a number of trips.

As I said though, eventually we found the record, and what did it tell us? It gave us the address, occupation and mother’s name of Donald Ross. It also contained statements and witness testimonies which gave a very detailed description of the relationship between Agnes Smith and Donald Ross.

Donald Ross appealed the case but lost. The question is, did the court make the right decision? Our customer is now tracing descendants of Donald so a DNA test can prove it once and for all.

If you need help with your research just get in touch.

www.maxwellancestry.com