Ancestor's sentence

[Darren1]

Hi folks, have an ancestor who was charged with assault by discharging a firearm and put to the horn in 1841. Haven't viewed the court records yet due to life being a pain and getting in the way! In the meantime, does anybody know what the sentence would be for such crimes?

[ColC]

You can trace some prison records on SP1798-1921. I'm not sure what information they contain but you can search name for free, fee to see record.

https://www.scotlandspeople.gov.uk/search-records/prison-registers/prison_records

Colin

[Darren1]

Hi Colin,

Thanks. I am aware of this database. I did carry out a search but only one hit appearing and both unrelated man and case. I even conducted a search of the transportation archives with Tasmanian Archives and no joy there, so definitely not transported. So in summary, no prison records in Scotland or transportation. I do wonder if perhaps he was hung for this crime, which would be both shocking and exciting to find such an ancestor!

[Unė kthimi i papenduar]

(transitive, Scots law, historical) To outlaw (a person) by three blasts of the horn at the Cross of Edinburgh.

[Darren1]

Erm okay! Was hoping for a sensible reply!

[hanes teulu]

An article in the Southern Reporter, 1988

[Darren1]

Interesting, God he really good have been sentenced to death!  There doesn't appear to be any newspaper articles regarding him however.

[hanes teulu]

I wondered if you had checked the newspapers.
Checking around (google, newspapers) the process seems to have applied mainly to debt/financial cases - but not exclusively.

Not sure if the link at post #1 directs you to this site - if not

https://www.scottishindexes.com/advanced.aspx.

[eilthireach]

You don't give a name*, but anyway, if you go to the search page online catalogue of the National Records of Scotland (https://catalogue.nrscotland.gov.uk/nrsonlinecatalogue/search.aspx) and enter put to the horn and select Phrase as the search term and dates 1841 to 1841 you will get a list of 43 records where that phrase appears in the trial papers relating to numerous people. Clicking on the Reference brings up a description of the crime of which the person was accused and a statement of the verdict. (You can, of course, also start your search by using the person's name!)
To view the records you can visit the Search Rooms at NRS or you can order a copy of the document or find a researcher who would be willing to visit the search rooms and make a copy for you. (That is a service offered by Scottish Indexes (https://www.scottishindexes.com/research.aspx). I used their services some years ago to look up and provide copies of some legal records. I was extremely impressed with the service. They are experts in dealing with historical legal records. They are very helpful,

*If the person you are looking for is James Welsh, he was one of the names that came up in that search - James Welsh, tried at the High Court Stirling, 13 April 1841. Crime of assault by discharging loaded firearms.