Petition against George Kerr, Archibald Muir, James Brown, Charles Robertson, James Campbell and David Armour
Part of precognition relating to an 'illegal combination' and strike at Gilmerton Coalworks and an assault on George Pride.
of
the Procr Fiscal
against
George Kerr and others
8 December at 1823
Edinburgh at 8th December, 1823
Unto the Honourable the Sheriff of Edinburghshire, the petition of Archibald Scott Procurator Fiscal of Court for the public interest.
Humbly sheweth
That during the last six months an illegal systematic combination, concert and conspiracy has existed among the colliers in the employment of John Marshall tacksman of North Green Coaliery on the lands of Gilmerton, Parish of Liberton, in order to compell him to agree to certain regulations with regard to working the coals and conducting the works as well as paying their wages and other matters which they have no right or title to regulate or control, and with a view to carry their purposes into effect the said colliers have held private meetings, entered into illegal resolutions and all struck work the more effectually to concuss or compell the said John Marshall to go into their measures and further a great number of them did not only threaten some who were desirous of continuing to work, but did actually beat and severely wounded them and in particular George Pride and the persons so illegally combined have made collections of money to support some of those associated with them and money has also been collected at other Coallieries and in particular at Easthouses, and transmitted to the persons aforsaid.
That from information received by the petitioner it appears that George Kerr, Archibald Muir, James Brown, Charles Robertson, James Campbell and David Armour all now or lately employed by the said John Marshall at the said Coalliery and residing at or near Gilmerton or Carthall have been guilty actors or art and part in prosecuting, managing and carrying into effect the whole object and purpose of the said illegal combination and conspiracy and other offences before stated and seeing that is necessary to have the said persons dealt with according to law, the present application to your Lordship is made to the effect aftermentioned.
May it therefore please your Lordship to grant warrant to two officers of court to apprehend the said George Kerr, Archibald Muir, James Brown, Charles Robertson, John Campbell and David Armour and bring them before you for examination respecting the premises and thereafter to incarcerate them in the Tolbooth of Edinburgh or Canongate therein to remain until liberated in due course of law and also grant warrant to cite the said John Marshall and all other it may be found necessary to examine to appear to be precognosed or do otherwise as may seem
According to Justice
Signed Archd Scott P.F.
Edinr 8th Decmr 1823
The Sheriff having considered this petition grants warrant to officers of court to cite the therein designed George Kerr, Archibald Muir, James Brown, Charles Robertson, John Campbell and David Armour for examination, also grants warrant to cite for precognition as craved
Signed Ad: DuffEdinr. 13 December 1823
The Sheriff having resumed consideration of this petition with the declarations of the therein designed James Brown andCharles Robertson grants warrant to officers of court to apprehend and incarcerate them in the Tolbooth of Edinburgh. The keepers hereby ordered to receive and detain them for further examination.
Signed Ad: DuffEdinr. 20 December 1823
The Sheriff having resumed consideration of this petition with the declarations of the therein designed James Brown andCharles Robertson grants warrant to officers of court to apprehend and incarcerate them in the Tolbooth of Edinburgh. The keepers hereby ordered to receive and detain them until liberated in due course of Law
Signed Ad: Duff
The precognition is at the National Archives of Scotland - reference: AD14/24/259