1862
House Accommodation.- In the course of the past week, several public spirited gentlemen of this locality purchased a small field at the west end of Cellardyke, for the purpose of house-building. In financial point of view, there is little doubt of the success of the speculation, in proof of which we state that at last term the proprietor of a house then readily obtained £4 of yearly rent for each of several single apartments of ordinary dimensions. In the present case, however, the motives are higher order, the scheme having been solely entered into in order to remedy as far as possible the urgent necessity there exists for additional house accommodation in that flourishing but overcrowded community.
For the past week the results of the fishing have on the whole been encouraging. At the great lines most of the boats were successful, and large takes of fish were secured. The quantity landed here, however, was inconsiderable, owing to the dissatisfaction entertained at the prices offered by our local buyers. The fortunate crews were thus induced to seek an improved market at Aberdeen, Montrose, &c. Crab-fishing, which is this season very extensively prosecuted on this coast, there being about twenty-three yawls so engaged at Anstruther and at Cellardyke,
FIRST CASE OF DEPOSITION” OF A SCHOOLMASTER UNDER THE NEW ACT.
On Monday last week the case of Mr Jas. Fleming, parochial schoolmaster of Kilrenny, who was charged with various instances of immoral conduct, was tried in Cupar before Sheriff Mackenzie. A petition had been presented against the respondent …………. The petitioners in this case were the minister and heritors of the parish, and the complaint set forth that for a considerable time back the respondent, Mr Fleming, had been addicted to the immoderate use of intoxicating liquors, and several specific occasions were founded on, which will appear in the evidence, a very full report of which we now give. ……………
Alex. Greig, schoolmaster of the burgh of Anstruther—l have been schoolmaster of the burgh of Anstruther since November 1844. I know Mr James Fleming of Kilrenny. I remember schoolmasters’ dinner on 28th July 1860. It was the occasion of the annual meeting of schoolmasters in connection the Presbytery of St Andrews. We dined in the Royal Hotel, Anstruther. Mr Fleming did not dine with us, he came in after dinner, and remained with us until the break-up between seven and eight o’clock. I don’t recollect whether when he came in he had the appearance of having had drink. He sat down and had some drink, but did not exceed three tumblers. It would be about four o’clock when he came in. When we broke up at eight o’clock he came to my house, where he stayed for a few minutes. I had to go to Kilrenny, and he accompanied myself and another gentleman, Mr Webster, schoolmaster of Crail, in the direction of Kilrenny. We met Mr Philip Oliphant on the road between Anstruther and Kilrenny. We also met Mr Webster, assistant minister of Kilrenny, Mr Smith, minister the U.P. Church, Austruther, and Mr Stewart, Independent minister in Anstruther. That was the only evening in the summer of 1866 on which I met these gentlemen on the road. I made the remark when we met the Rev. Mr Webster, ” Fleming, there’s your minister.” Cross-examined by Mr J. M. DOUGLAS —Mr Fleming spoke in the hotel that night. He spoke remarkably well, and notice of this was taken by several brethren. I considered him quite sober; also while he was in my house and when I left him at Kilrenny.
Mr Douglas – l was at the funeral of Mrs Mackie at Kilrenny in January last. I saw Fleming, but I saw no appearance of drink on him. He was walking, and there was snow and ice on the ground. By Mr Nicholson—l rode, and only spoke to him at the assembling of the funeral. I was passing hastily when spoke, and was looking out for a conveyance the time.
Mr Philip Oliphant, writer, Anstruther—l have known Fleming for some years. I remember meeting him on the road to Kilrennv in company of Mr Greig, of Anstruther, and Mr Webster, of Crail. They were walking, and it was about eight or nine o’clock the evening. I saw them from some distance, and they were arm in arm when I came up to them. The centre one attracted my notice; that was Mr Fleming. He was going very unsteady, and his limbs very feeble under him. He was quite unable to walk steadily, and was leaning on the other two. It was that appearance that attracted my notice. Fleming had his arms in those of the other two. Fleming’s face and whole appearance betokened that he was the worse of drink. I gave a very significant bow to Greig, and very shortly afterwards I spoke to him about it. That was the only time I over recollect of meeting those three parties. I was the Sacrament m Kilrenny on the Sunday in June last, which was the 16th. I was officiating as an elder on the occasion I was standing at the end of the tables, and passed me having the appearance of a person the worse of drink. I asked whether he communicated that day, as I thought he was not a state for that.
By the SHERIFF—His face flushed, and was very red, and he swerved from one side to the other. Witness continued – My object in putting the question above was because I did not think him in a fit state to communicate I don’t think he went forward to communicate, out cannot positively say.
Cross-examine I almost sure Fleming had his arms in those of Mr Greig and Mr Webster. His face is not always high coloured. Some have red faces and some pale, as may be seen by your own, Mr Douglas.
By the Sheriff— His face was very much flushed on both occasions. I decidedly think he was tipsy on the occasion at the church, and also on the other occasion.
The Rev. Alex. Webster, Gilmour Place. Edinburgh-—I was assistant minister in Kilrenny in 1860. I left in the end of September, or thereabouts. I knew Mr Fleming, the schoolmaster of Kilrenny, and I remember taking a walk with Mr Smith and Mr Stewart in the summer of 1860, between Kilrennv and Anstruther. That was a month or two before I left. There were other two with him, one of whom was Mr Greig. It was about eight or nine o’clock in the evening. Mr Fleming was the middle, between the other two, and did not seem to be walking very steadily. Whether he required support or not, he was getting it. So far as I recollect, he seemed to be walking unsteadily even with the support he was getting. His countenance was more flushed than usual, and I considered him to be tipsy. He saw me passing, and recognised me in peculiar way; he lifted his hat in extravagant manner, and made it vibrate in the air. This was altogether out of his usual way of recognising me. That was the only time I met these three persons together.
By the Sheriff— He was not in the habit of taking off his hat to me ; he never did it before or since.
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Rev. F. G. Sandys Lumsdaine, of Innergelly, deponed…………..I remember being Mrs Mackie’s funeral on the 5th of January 1861. I saw Mr Fleming there, and passed close to him as the funeral was going to the church. He was tipsy. I smelt drink on him, and he was staggering from one side of the road to the other, as drunk men do. He was taking what is called the breadth of the road. The funeral, I think, was about noon. ……….
Thomas Melville, shoemaker, Kilrenny -l have known Mr Fleming for some years, and I saw Mr Fleming at Mrs Mackie’s funeral, about twelve o’clock, just after the hearse had left for the funeral. It was my impression that he was not in proper state to go, owing to drink, and I advised him not to go. He did not say anything, but went down to his own gate, and I saw afterwards that he went to the funeral. Mr Westwood and I went with him the length of his own door. I considered him tipsy, and he was staggering a little.
William Westwood, shoemaker, Kilrenny, deponed —I remember of Mrs Mackay’s funeral in January. I saw Fleming coming out of James Butler’s gate before the funeral and smelt drink upon him. It was then a few minutes past twelve o’clock. I saw him after that going up the street to the funeral. He was flushed and staggering. It was my opinion that he was the worse of drink. He did not stagger ” awfu’ sair,” but did so a little.
David Butters, gardener at Innergelly, deponed—l was at Mrs Mackay’s funeral on the 5th January last year. I saw Fleming there. He was tipsy. ….. He was staggering.
David Ritchie, shoemaker, Kilrenny gave similar evidence
Mrs Nicholson, Kilrenny, depones—l remember seeing Fleming in Kilrenny in May 1861 with a crowd of boys around him. Magdalene Ford came and called me out to see him, and I saw him standing against the wall and the boys were laughing at him, and I made him go to his own house, it was a shame for him to go on in that way. He was speaking to the boys, and I suppose that was what made the boys laugh. I can’t say he was fou, but I think he was the worse of drink. My reason for saying that was that the boys were laughing at him, and that a man in his coat should standing in the public that way. He never spoke back when I said it was a shame to him, &c. I got him to go into the house. He was speaking to the boys when I came up. …..
Mr J. M. DOUGLAS —When does a man begin to get the worse of drink Perhaps it was something very funny he was saying. Witness in cross-examination said that she spoke to him a few minutes before. He said he was giving a good advice to boy; I said he had better take the good advice to himself.
The Sheriff—There’s not a woman in Scotland but can say whether a man speaks if he was drunk. Witness only replied that she had already told what he said.
…… Mrs Margaret King, or Mayes—l remember seeing Fleming outside of his own gate on a Saturday night at the end of May 1861. He was surrounded with boys, and they were making game of him. One of them, Thomas Melville, was playing on a flute, and he was pretending to dance. He was not very able to dance, and I think he was in a state of drink. ……..I saw him week or two after that; he was holding by his own garden dyke. It was between six and seven o’clock at night. I thought he was the worse of drink he was walking ” braid side on,” but I never saw him let go his hold of the dyke…..
Harriet Murdoch, teacher of the female school, Cellardyke—l was in the Parish Church Kilrenny at the sacrament on the 16th June last year. I sat in the same seat with Mr Fleming that day. To all appearance there was something wrong with him. I should say he was tipsy. I can’t say I smelt spirits on him, but he was the worse of drink. His conduct was unbecoming. I sat next to him, and he was very impolite. He offered me lozenges, which I did not take at first, but that was not the impoliteness. He leaned against me, I thought, purposely. When I would not take the lozenges, he gave me a knock with his elbow on the side. ……..
James Westwood, farm servant, Kilrenny—l remember seeing Mr Fleming coming out of James Butlers’ house, Kilrenny, in the end June last year. There had been a meeting heritors that day, and it was after the sacrament at Kilrenny. He had the appearance of being the worse of drink. At least, if I had been as bad I would have thought myself the worse of drink. He staggered a good deal, and it would be between seven and eight o’clock night. It’s no easy saying when folk’s fou, but I thought him more than tipsy; pretty far on. ……….
Thomas Mayes, farm servant, saw Fleming coining out of Butler’s close between seven and nine of the evening, after the heritors’ meeting in June. He was staggering like fou man. This was after Kilrenny sacrament, lie was steadying himself by the dyke as he walked, but he still staggered. Margaret Robertson, residing in Kilrenny – I saw him on another occasion, I think somewhere about the end of June. I saw him then look over his window. There were two men at his door, and it was evening, but daylight. Mr Fleming came out to his door, and the men went into the house with him. He afterwards camo out to the garden gate. He was staggering, and I thought there was something wrong which caused him to stagger. He pulled a flower and gave it to the two men, and they went away.
Thomas Wilson, son of Andrew Wilson, Kilrenny —I saw Mr Fleming about June last year down in our garden, which is next to James Butter’s garden. It was in the evening, but it was daylight. Mr Fleming was very much the worse of drink. Unless he had got hold of a clothes-rope, he would have been on his side; he would have tumbled.
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The Sheriff having heard parties’ procurators, and considered the complaint, and answers, and proof: Finds it to be proved that the respondent, James Fleming, been guilty of immoral conduct, in so far he was in state of drunkenness— First, in the town of Kilrenny, on or about the day January 1861, the occasion his attending a funeral that town; Second, front of the schoolhouse in Kilrenny, on or about the 18th of May 1861, presence of a number of the inhabitants Kilrenny, including children ; Third, in the town of Kilrenny, on or about the 16th of June 1861, being the sacrament Sunday in that parish, on which occasion he was intoxicated, and conducted himself an improper manner in church; and. Fourth, in the town of Kilrenny, on or about the 26th of June 1861, being the day on which the heritors of the parish met and considered the conduct of the respondent, who was sent for, and the views of the meeting intimated to him, on the evening of which day was very much the worse of drink : and therefore deprives the said James Fleming of the office of parochial schoolmaster of the parish of Kilrenny: Finds the complainers entitled to payment out of the rogue money of the county of Fife of the expenses properly incurred by them in the proceedings connected with the complaint; allows an account of these expenses to be given in, and remits the same to the auditor of the Sheriff Court to tax and to report.; and decerns. . (Signed) D. Mackenzie.
