1833
J. Brown charges James Struthers of being the father of her child Compeared also Jean Brown Daughter of John Brown Weaver Auldton Declaring that she had ?oldy brought forth a child in uncleaness and that James Struthers Weaver Dalserf was the father of it. James Struthers on being
called compeared - the woman having repeated her Declaration before him he the said James Struthers denied ever having had carnal knowledge of the said Jean Brown - The said J. Brown having been asked if she could bring any proofs of the said James Struthers ever having kept private company with her said she could not. That J. Struthers had dragged her one evening off the road into the entrance of a park where the child was begotten. J. Struthers denied ever having been in private company with her in his life. J. Brown having been asked if she could adduce proof of any kind said that he (J. Struthers) had a conversation with Maxwell Brown weaver Dalserf which as she supposed would lead to substantiate his guilt and that the said M. Brown was now in attendance - The said M. Brown being called compeared Being solemnly sworn juryed of malice and partial council Depones(?).
That J. Struthers came to his house on a Sabbath morning immediately after having been charged by J. Brown mother as being the father of the said J. Brown's child and told him what had occurred - to which Dep(?) replied that he (defendant) must just marry her to which J. Struthers replied if she had
been as decent a woman as her sister Mary and Janet (at the same time swearing by his maker and applying very foul epithets to J. Brown) he would never have denied it - That about ? relations being then in company with Dep his (Disp?) brother James, David Brown, Sawyer, Howlet Hole and James Muir weaver Dalserf James Struthers said that he made her (Jean Brown) ?old me to swear that the child was his and that he would take with it but would not bring it up as a father - Causa(?) &C and all this is truth &C - Signed Maxwell Brown
The case of J. Brown & James Struthers resumed D. Brown's Deposition Janet Brown & J. Struthers being called both compeared the woman still adhered to her former Declaration and the man to his denial - Witnesses (see last minute) were then called - David Brown, Sawyer Howlet Hole, being
solemnly sworn &C Depones - That about three weeks ago he was in company with James Struthers in Stephen Brown's house along with James Brown, Maxwell Brown, and James Muir - that James Struthers on that occasion said that J. Brown would give her oath that her child was his he (Defendant) would father it - Thanks but is not sure that he added he would not bring it up as a
father - That further &C (signed David Brown)
James Muir Deposition
James Muir weaver Dalserf being solemnly sworn &C Depones that he was present at the conference mentioned in the Depositires(?) of Maxwell Brown and David Brown - Heard James Struthers say he would give J. Brown full liberty to swear the child upon him but he would do nothing as a father for it - That further the Deponsit(?) knoweth not. Signed James Muir
Interim Decision of the Session
Carlus(?) having been removed and the Session having taken the case into serious consideration came unanimously to the following resolution - that though the woman had succeeded in throwing a considerable suspicion of guilt on the man yet not to that degree to satisfy him of the propriety of taking her oath at present - They therefore agreed to postpone further procedure in the case till after the birth of the child. The parties having been called in, this resolution was intimated to them - concluded with prayer John Russell Moderator.
J. Struthers craves procedure
Dalserf Kirk 25th January 1834
Post Preces Sederunt, The Reverend James Russell, Messers Cooper, Anderson, Martin, & Gibson Elders - compeared James Struthers craving procedure in his case (see the Minutes of the 10th November last) - It having been certified to the Session that the woman had been delivered some time ago since and was going about her usual avocations the Session granted the prayer and
accordingly instructed their officer to summon Jean Brown to compear before them next Lord's Day - concluded with prayer
J. Struthers & J. Brown's case decided
John Gibson Session Clerk - Dalserf Kirk 2nd February 1834 Post Preces Sederunt the Rev Dr. Russell Messers Martin, Cooper, Anderson and Gibson Elders - James Struthers & J. Brown being called both compeared - First the woman & then the man were asked if they still adhered to their former Declarations and being seriously admonished to tell the truth both parties persisted in their original Declarations - The Session having taken the matter into their most serious consideration did not think themselves warranted to take the oath of either the one or the other - They accordingly
unanimously agreed to lift all further procedure in the matter for the present time by hoping that God in his all wise and judicious Providence will we Pray throw more light upon it concluded with prayer, John Russell Moderator - John Gibson Session Clerk
Dalserf Kirk 7th December 1834
Further procedure in the case of James Struthers and Jean Brown (see the Minute of the 2nd February last) - The man produced a decision of the sheriff in every respect similar to that given by the Session and craved procedure - the Moderator at the request of the Session solemnly interrogated first the man and then the woman if each of them was willing to make Oath to their
former Declarations and both having Declared their willingness to do so the Session strongly and unanimously refused all further present procedure in the case and adhered to their
|
