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The Trial and Hanging of Agnes Muffat

Town House 1790

Many local and passing miscreants fell to the hangman in Stonehaven. Property valued at over 1 Scots Shilling was regarded as more valuable than a life itself. Here is an extract from the County Records regarding one Agnes Muffat who had been charged with receiving, from her husband, five sheep she knew to be stolen. At the time of her arrest it was reported that she:

"Did kill and make use of the first three, and that they were apprehended when they about making ready and using the other two, she having put two legs of the said mutton into the pot when the daccarers came in"

The husband having fled, and hence a "fugitive thief", had left Agnes to face the music. The verdict and Sentence were recorded as below;

   

Verdict

Follows the tenor of the verdict of the assyse as to Agnes Muffat:--

Att Stonehavine the 28: March nynty nyne, (1699) the assyse having received and chosen Alexander Hog in Newtoune, to be yr. chancellor, they all in one voice ffinds and declares Agnee Muffat, spouse to James Johnston, fugitive thief, guilty of theft both by her owne confessione and probatione led agt. her the sd. day : And also that they find her guilty by open voice and common fame of ane evill report this many years bygone, Qrfor the sd. chancellor hes subt. thir prests. sic subt.

Alex. Hog. (signed)


Sentence

Stonehavine the first day of April 1699. In presence of James Keith, Sheriff-Depute of Kincardine, sitting in judgement in a fenced court holden within the Tolbooth of Stonehavine.

The said day, for so meikle as it is found by the assyse on the twenty-eighth of March last past, that the said Agnes Muffat, spouse to the said James Johnston, is guilty of theft both by her own confession and probation led against her, and also is guilty by open voice and common fame of ane evil report these many years bygone. Therefore the said Sheriff-Depute, by the mouth of John Frayser, dempster of court, decerns and adjudges the said Agnes Muffat to be taken to the Gallowhill, upon Monday next the third of April instant, betmixt the hours of ane and four in the afternoon, and there to be hanged on a gibbet till she be dead, and all her moveable goods and gear to be escheat which is pronounced for doom. Whereupon the Procurator-Fiscal takes instruments. (signed) J. Keith. The said day, the said Sherriff-Depute appoints the body to be buried at the Gallows foot after they are dead.

(signed) J. Keith.

 
 
 
 
 
Tree Planting
 
 
 

 
Not Forgotton
In 1885, when some tree planting was taking place in Dunnottar Wood at the bottom of Gallows hill, a number of human remains were found. These no doubt included our poor Agnes.

 

 

 


 
 
Facts     William Wallace attacked the nearby Dunnottar Castle, killing nearly all inside.