FIFE HERALD, THURSDAY 13 MAY 1858
DUNFERMLINE SHERIFF COURT
John Dryburgh, Thomas Dryburgh, James Dryburgh and James Finlay were placed at the bar, upon a charge of malicious mischief and a breach of the peace, inasmuch as, on the 28th April, in the house of Archibald Forbes, Cairneyhill, they had acted riotously, and broken glasses, tumblers, tables etc.
On the question of guilty or not guilty being put, James Dryburgh and James Finlay pled guilty; Thomas Dryburgh hesitated and at last said – ‘Guilty of being where I was; I sudna hae been there’. Upon the question being again repeated, he cried out – ‘Well, well, I plead guilty’. John Dryburgh would not plead guilty; but near the conclusion of the trial, and just as the other prisoners were about to receive sentence, he pled guilty to a breach of the peace, after a consultation with his agent, Mr W Beveridge.
From what Mr Craig agent for the other three prisoners, said, it appeared that his three clients had been drinking and dancing in that public house all day, John Dryburgh playing the bagpipes to them; that it was only at night that any damage was done; and that it was done, not through a spirit of ‘malicious mischief’, but through the thoughtlessness necessarily arising from a whole day’s drinking.
All the damage done, as valued by the publican himself, amounted to only 1s 6d. Next day they went back and paid that, besides some other score, and made the amende hnorable, which showed no malice in his clients at least. Mr Beveridge defended his client, John Dryburgh, from being as bad as the rest. He was the only sober man among them.
In summing up, the Sheriff said it was clear that one prisoner, John Dryburgh, was not guilty of malicious mischief, the burthen of which must be thrown on the other three customers; but all having been drinking and the disturbing the house alike; the charge of breach of the peace was to be laid upon him as upon the other three. The sentence of the court was a fine of 15s, or thirty days’ imprisonment, to Thomas Dryburgh, James Dryburgh, and James Finlay; and a fine of 10s, or twenty days’ imprisonment, to John Dryburgh.
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