Minute Book
of the High Court of Justiciary - South Circuit (JC12/51)
2 October 1860 - Janet Bryan
indicted for child murder - pleaded guilty. Sentenced to penal sevitude for
10years. To be detained meantime in the prison at Ayr.
Precognition - Janet Bryan - Child
Murder and Concealment of Pregnancy (AD14/60/93)
John Allisonan. Farm servant to
James Arthur, aged 14
On Friday 18 March, he was at
Dykeneugh moss cutting heather. He saw a woman who came along the road leading
to the moss from Kilwinning carrying a basket and umbrella. She went to the
field at the end of the planting next to him and round the back of it until she
was out of his sight. She remained there for ½ to Ύ of an hour. He also saw
Mrs Garven and her daughter come to the moss. The woman left 2 or 3 minutes
later. When he went for his dinner, the first went to the place where the woman
had been, as he thought something was wrong. He saw a good deal of blood on the
ground, some butter and a bloody rag. When he got back for his dinner, he told
Isabel Arthur what he has seen and she and Mrs Allan went back with him after
dinner and he showed them the place. They told him to search the wood for
anything like a child, but he found nothing. He had been shown the accused in
prison - she was dressed exactly like the woman had been. She wore a red and
black striped petticoat, a grey cloak and a red bonnet. He did no know who she
was.
Catherine Frew or Garvan. Wife of
James Garven, farmer, Newlands, Parish of Kilwinning, aged 42
She had known Janet Bryan to speak
to since Martinmas last when she came to live at Bullerholes not far from her
house. Janet Bryan's sister and brother-in-law, Andrew Russel lived at
Bullerholes. (Note : later this appears as Burrelholes)
Near to one o'clock on the 18 May,
she was going to the peat field at the end of the plantation that runs along the
side of the wood. At the end of the wood, she saw a basket with 2 lids and a
handle and a dark coloured umbrella lying on the grass. Her daughter, Catherine
was with her. They saw a woman at the side of the hedge next to the wood wearing
a red bonnet and grey cloak. Her gown was up below her cloak, but she saw a red
and dark striped petticoat. They went to the peat field, but kept watching the
woman. They saw her shake her clothes, lift the basket and umbrella and go along
the road. Next morning on their way to the moss, they went to the spot where she
had been, but before that they told Isabel Arthur and John Allison what had
happened the day before. Isabel Arthur said her aunt had to the spot and was
sure a child had been born there. They went together to the spot and noticed the
blood and butter and were satisfied that a child had been born. The woman had
likely gone into labour before leaving Bullerholes which was 10 minutes away and
had taken butter with her to assist her in delivery. She had not seen the
woman's face, but had heard that Janet Bryan was in the family way and so went
to Bullerholes next day and saw Mrs Watson and asked if she had seen Janet Bryan
going away. She said she had and described her clothes. They matched those of
the woman she had seen. When she saw her in prison she was wearing the same
clothes and she also recognised the basket and umbrella.
30 May 1860 - Catherine Garven.
Daughter of James Garven confirmed the above
1 June 1860 - Helen Simpson or
Allen. Widow farmer residing at Netherthird, parish of Old Cumnock aged 50
She said that Mrs Arthur, Laigmoor
was her sister and she went to stay with her on Thursday the 17 may and stayed
till Friday. She reiterated what had happened on the Friday at one o'clock, when
John Allison came for his dinner.
30 May 1860 - Sarah Bryan or Russel.
Wife of Andrew Russel, residing at Burrelholes (sic) parish of Kilwinning aged
29
She stated that Janet Bryan was her
sister and that she had lived with them since Martinmas to about the 10 January
when she had gone to Newton Stewart to work in the Galloway Arms Inn. She came
back 2 months later and lived with them
On the 18 May, she left home in the
forenoon at about 10 or 11 and said she was going to Doura to see Elizabeth
Milligan and had on a green dress, grey cloak, red satin bonnet and carried a
basket with two lids and a green umbrella. She said if her cousin asked her to
stay the night she would. She did not return until Monday forenoon. She said she
had come from her uncle's William Milligan at Loans. She did not say that she
had given birth to children. She had never told her she was in the family way.
She and her cousin had been suspicious about though, as they had noticed a
difference in her and that she had not had her natural illness. Janet was
apprehended at her house the following Wednesday. When she returned she had
looked paler (presumably on Monday, 21 May). She had not noticed any butter
missing.
30 May - Andrew Russel aged 26 - he
was home ill with the cold when Janet Bryan left, but had nothing more to add
1 June - Janet Hope wife of William
Watson, quarrier at Bullerholes aged 60 She thought Janet Bryan was in the
family way. She had seen her leaving the house, but did not speak to her. She
only noticed her red bonnet, but nothing else.
30 May - Elizabeth Milligan,
servant to Robert Blair at Doura, parish of Kilwinning aged 23 She was Janet
Bryan's cousin. Janet came to her house on Friday the 18 May at 4. She described
how she was dressed. She told her that she had turned unwell on the road and
showed her the blood on her drawers and stockings. Elizabeth Milligan offered to
wash them for her and did so. She told Janet Bryan jokingly that it looked as if
she had "a wee ane", but Janet did not reply yes or no. At 8, Janet
said she was going to Loans where Elizabeth Milligan's father lived. She had not
known that Janet was in the family way
1 June - Jessie Milligan daughter
of William Milligan, quarryman at or near Loans, parish of Dundonald aged 22 She
said that Janet Bryan came to their house from Burrelholes. She had called at
Doura to see her sister. She stayed till Monday and left to go back to
Burrelholes. There appeared to be nothing the matter with her - she was in good
spirits
24 May - William Hall Police
Constable at Kilwinning aged 24 He had been informed by John Frew, labourer at
Burrelholes that Janet Bryan was suspected of giving birth to a child in a field
in Dykeneuk Farm. He went to the place and searched, but found no sign of the
child. Next day, he went to Burrelholes, but Janet Bryan denied having given
birth to a child or concealing it. He ordered her to be examined by a doctor and
it was then she admitted giving birth to a child. He took her into custody and
on the way to Kilwinning, she admitted that she had given birth to twins - a boy
and a girl. She agreed to show him where she had buried them. She said they were
dead when they were born. At the roadside on the farm of Goldcraig occupied by
James heggie, they went through a gate into the plantation. She took him to a
small ditch and there covered with grass he found the children, lying on their
backs one next to the other. They were lying in water. She said "godsake
not to lift them till it was dark". He then took her to Kilwining and
returned with a box and lifted the children and washed them in a small burn. The
children were handed to Drs haldane and Montgomerie for post mortems. Janet
Bryan told him that she had planned to take them to a lodging house in
Kilwinning and get them buried, but that she did not have enough money. He
noticed a teaspoon of earth in the mouths of both children. It was not the same
earth as that in, which they had been found. It was dark brown, whereas the
earth in the ditch was yellowish clay. He had removed the earth from their
mouths.
John McColvin, shoemaker, Crossbrae,
Kilwinning aged 43 He had accompanied William Allan and corroborated the above
as did Thomas Brown constable aged 22
1 June - John Campbell Haldane,
surgeon He found earth inside the boy, indicating that he has swallowed it. The
female appeared to have died in the same way, although appearances were not as
clear.
18 June - John Frew, Labourer at
Burrelholes aged 40 He had heard a rumour on the 19 May that a child had been
born in the field at Dykeneuk
11 August - William Montgomery.
Farm Manager, Dykeneuk age 24 - affirmed that he managed the farm
27 August - James Heggie of
Goldcraig aged 40 affirmed that he owned his farm
24 May - Declaration by Janet Bryan
She said that she was a native to Kirkinner in Wigtownshire, aged 38, unmarried.
She resided with Andrew Russel, labourer at Burrelholes. Previously she has
resided at Gatehouse of fleet for 18months. On the Friday at midday, she had
given birth to two children, a male and female. The female had been born first,
but did not breathe. About 20 minutes to ½ and hour later, the boy was born. He
breathed. She rolled him up in a cloth, but he did not breathe again. Neither
cried. She planned to go to Kilwinning to bury them, but felt weak and the
children were heavy and so she put them in a drain and covered them with dry
soil. There had been no water in the drain. She denied drowning them or
inflicting any violence on them. She then went to her cousin, Elizabeth Milligan
and borrowed 2/- from her and went to Kilwinning Station and took the train to
Troon and went to see her uncle. William Milligan at Loans. She stayed there
till the Monday. Then the police had come and she had taken them to the drain.
She had not told anyone she was pregnant.
23 May - the doctors found that she
had given birth. There followed a fairly detailed post mortem report, but they
found no evidence of violence to the children.
I have been researching my ancestor Hugh Rodger. I keyed in to Kirkoswald -
Ayr and found that Ann Nicholson had inserted some Kirkoswald Kirk Sessions
which I found Interesting.
While in Ayr last
year I went to the Ayr library and asked if they had any information on Hugh
Rodger.
This is an extract
from an article written by James Muir in the Burns Chronicle and Club Directory
No. XV January 1906 which puts a puzzle on to when exactly did Hugh Rodger die.
One Curious
discovery I have made with reference to the date of the death of Rodger, which
deserves mention here. The tombstone of the Rodgers in the churchyard records
his death as having occurred in May, 1797, at the age of seventy-one. If this
date be correct, he must have continued acting as Session Clerk for nearly four
years after his death, for the last Minute of the Kirk Session inscribed by him
in the Minute Book, is dated 3rd. September 1801! The entry of that date,
clearly written by Rodger, closes with this statement:-
"Which day Mr.
Rodger declared that now he would no longer keep the office of Session Clerk,
according to the Minute of the 31st May last and delivered unto the Session this
Session Register, and the old Session Register, with the Register of Marriages,
Births, Burials, etc." Whatever, therefore, be the exact year of his death, it
certainly was not 1797."
The above according
to the extract by James Muir.
If the above is
right descendants of Hugh Rodger all have the date of death wrong or another Mr.
Rodger was doing the honours at that time?
I hope you may find
this of interest.
Cathie Cowing
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