Stevenston - On This Day In History

[Vivc113]

Pfft. "He looks an intelligent lad". But looks may be deceiving.

What a carry on.

[5siamese7]

The Fiscal said this hoping that the Sheriff would hand down a really stiff sentence. The guy was responsible for his actions and had no mental impairment. Mind you if he had a mental impairment why would an explosive company employ him?

[Hughie]

THE SHERIFF – It is a pity I do not have the power to send you to prison.

I'm totally guessing here, but I wonder if the crown erred in sending him to the Sheriff's Court rather than committing him to a higher court (if that was possible) where a prison sentence could be imposed. I'm thinking the guilty plea at the Sherriff's Court ensured there was no prison sentence. But then I'm ignorant as to procedure now and at that time. But such an evil act deserved incarceration in my book.

[John Donnelly]

THE SHERIFF – It is a pity I do not have the power to send you to prison.

I'm totally guessing here, but I wonder if the crown erred in sending him to the Sheriff's Court rather than committing him to a higher court (if that was possible) where a prison sentence could be imposed. I'm thinking the guilty plea at the Sherriff's Court ensured there was no prison sentence. But then I'm ignorant as to procedure now and at that time. But such an evil act deserved incarceration in my book.

Sheriff Laing imposed a fine of 30s in respect of each offence, a total of £4 10s, the alternative being 30 days’ imprisonment. Time to pay the fine was refused.

Now I'm confused. This looks as though he did go to prison.

JD.

[Penny Tray]

THE SHERIFF – It is a pity I do not have the power to send you to prison.

I'm totally guessing here, but I wonder if the crown erred in sending him to the Sheriff's Court rather than committing him to a higher court (if that was possible) where a prison sentence could be imposed. I'm thinking the guilty plea at the Sherriff's Court ensured there was no prison sentence. But then I'm ignorant as to procedure now and at that time. But such an evil act deserved incarceration in my book.

Hughie,

The legislation under which the accused was charged would dictate a maximum fine and prison sentence, both of which would be within the remit of the Sheriff Court and thus the reason for the case being heard there.

It is clear in this case that the Sheriff had the power to imprison, otherwise he could not have attached the alternative of "30 days" in lieu of non-payment of the £4 10s fine.

What is baffling is that the £4 10 in no way matches (excuse the pun) the stern remarks uttered by the Sheriff.

[Penny Tray]

This looks as though he did go to prison.

JD.

Not necessarily so JD. If he had £4 10s in his pocket, or family or friends present at the court tendered £4 10s on his behalf, or indeed, if anyone on his behalf presented £4 10s before the transport was ready to remove him to Barlinnie, then a fine it was. Only if the money wasn't forthcoming would he go to prison.

[John Donnelly]

This looks as though he did go to prison.

JD.

Not necessarily so JD. If he had £4 10s in his pocket, or family or friends present at the court tendered £4 10s on his behalf, or indeed, if anyone on his behalf presented £4 10s before the transport was ready to remove him to Barlinnie, then a fine it was. Only if the money wasn't forthcoming would he go to prison.

Hi PT,
I assumed that a cordite worker in 1938 would not have had 4 pounds 10s in his pocket or had friends or relations with it either. But I take your point.
JD.

[5siamese7]

I suspect that is what the Sheriff had in in mind. I think though if he couldn't send him down he could have sent the case to the High court. However no explosion occurred and perhaps that wouldn't be justified. I wonder if the Sheriff had an idea that the guy might soon be cannon fodder.

[Penny Tray]

Siamese,

All the minor courts have a limit with regard to how much they can fine or how long they can imprison someone, and if the legislation under which Mr McLellan was charged had penalties within those parameters the Sheriff would not be able to remit the case to the High Court for sentencing.

Unfortunately, the original newspaper article doesn't mention the legislation under which the accused was charged and I can't check how lenient or otherwise the Sheriff was in this case, despite the strong remarks he made.

Generally speaking though, Sheriffs tend to be very astute ladies and gentlemen and there must have been some underlying reason why Mr McLellan wasn't sent directly to prison.

I was through the gates of Ardeer Factory only once in my life and it was the last place in THE WORLD I would have taken a match!

[Penny Tray]

GLASGOW HERALD
27 FEBRUARY 1929

THE DISTRESS IN SCOTTISH MINING AREAS
OUTRAM NATIONAL FUND
TOTAL NOW £75,585

The Outram National fund last night reached a total of £75,585 1s.

Among the contributions received yesterday was the sum of £35 1s from the workers and staff of Nobel’s Explosives Factory.

[5siamese7]

Penny newspapers are notorious for misinformation. When I read the report I thought he would have been prosecuted under the Explosives Act. There were notices on the fence surrounding the factory warning of the penalties that would be handed if any person tried to cause an explosion. However I suppose intent comes into this. The Sheriff clearly states the he couldn't impose a prison sentence so the next best thing was to impose a fine that had to be paid without time to pay.

[John Donnelly]

Penny newspapers are notorious for misinformation.

I have never regarded the Glasgow Herald as a 'penny newspaper.'
It has always had a high reputation as a serious, reliable publication.
JD.