Scottish Court of Session Decisions

In this case, David Nelson, turnpike surfaceman, Glenduckie, was pursuer; and Alexander Black and William Morrison, writers in Cupar, and Procurator-Fiscals for the eastern district of Fife, were defenders. The issue which was sent to trial, and the circumstances with regard to the adjustment of which have been already reported, was in these terms:—

“It being admitted that the defenders prepared and, on or about 26th December 1864, presented to the Sheriff-Substitute of the county of Fife, at Cupar, a petition containing the words and sentences set forth in the schedule annexed hereto:

Whether the said words and sentences, or any part thereof, are of and concerning the pursuer, and are false and calumnious, and were inserted in said petition by the defenders maliciously and without probable cause—to the loss, injury, and damage of the pursuer?”

Damages were laid at £200 sterling.

The schedule containing the excerpts from the petition complained of was as follows:—

“That the petitioners are in course of taking a precognition against James Pringle, millwright, residing at Barley Mill, in the parish of Abdie and shire of Fife, present prisoner in the prison of Cupar, accused of having, along with other persons, whose names are to the petitioners unknown, during the years 1863 and 1864, or part thereof, wickedly and illegally conspired together for the purpose of taking the life of the Rev. James Pitt Edgar, minister of the parish of Dunbog, in the county of Fife, and of John Ballingall, farmer, Dunbog, aforesaid, or of doing them some grievous bodily injury; and for the purpose of wilfully setting fire to or attempting to set fire to their dwelling-houses or premises, or otherwise of doing serious injury and damage to their property and persons; as also, of wickedly and maliciously writing and sending, or causing and procuring to be written and sent, threatening letters to the said Rev. James Pitt Edgar and John Ballingall. That in the course of said precognition the petitioners have recovered various letters and other documents, showing that other persons than the said James Pringle have been engaged in said conspiracy, and in writing and sending said threatening letters, all which are herewith produced; and particularly that John Bell, farmer, Glenduckie; Barbara Honeyman or Black, wife of and residing with William Black, parochial schoolmaster, Dunbog; George Black and William Black, sons of and residing with the said William Black; and David Nelson, a roadman, residing at Glenduckie, have been engaged in said conspiracy, and in writing and sending said threatening letters. That the petitioners are informed and have reason to believe that written documents and other articles referring to and connected with said conspiracy and threatening letters are in the possession of the said John Bell, William Black, schoolmaster, Barbara Honeyman or Black, George Black, and William Black, and also in the possession of the said David Nelson; and as it is necessary for the purposes of said precognition to recover and take possession of the same, the present application for warrant to search becomes necessary.

This action arose out of the proceedings consequent upon the presentation of the Reverend James Pitt Edgar to the parish of Dunbog, and specially from the circumstances of the investigation undertaken by the defenders, as Procurators-Fiscal for the eastern district of Fife, to ascertain the authors of the various threatening letters addressed to that gentleman, and of the explosion of the bush of a cartwheel filled with gunpowder below the windows of the manse.

It appeared from the evidence that suspicion having fallen upon a millwright, named James Pringle, a search of his premises was instituted by the authorities, and on Saturday 24th December 1864 a number of documents were recovered, after perusal of which the defenders, on the 26th December, presented a petition to the Sheriff containing the statements complained of, and craving warrant to search the house of the parties therein named. This warrant was executed the following day on all the persons referred to except David Nelson, the

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pursuer; the defenders, after consultation, having resolved to withdraw it as against him, The minute of withdrawal was not, however, adhibited to it till the 28th of December; and the pursuer now claims damages for the injury done to his character and feelings by the charge made against him in the publication of this warrant, by its having been served upon the parties named therein.

On behalf of the pursuer it was maintained that there was nothing in the letters and documents founded upon by the defenders to justify them in making the serious charge against Nelson which they did; that they had acted recklessly and without probable cause in the matter; and that the facts that Nelson was known to be an objector to the Rev. Mr Edgar's presentation, had used expressions on certain occasions similar to those found in the letters, and that his handwriting was supposed by the police authorities to correspond with that of the letter, did not afford reasonable grounds for the imputation preferred against him.

For the defenders it was argued that in trying to ascertain the author of the crimes averred in the petition, it was natural that they should look first among the most violent of the objectors to the Rev. Mr Edgar, of whom the pursuer was one; that there was much in the manner in which the explosion of the wheel-bush had been effected to lead to the suspicion that an old quarryman like the pursuer should have committed it; that Nelson had been known to use violent language towards Mr Edgar, and having been dismissed by that gentleman from the post of beadle to the parish, was unlikely to entertain very friendly feelings towards him.