Jamie Macpherson - Capture and Trial

Capture and Trial

MacPherson's career of robbery had culminated in a “reign of terror” in the markets of Banff, Elgin and Forres. Apparently under protection of the Laird of Grant, he and his band of followers would come marching in with a piper at their head. Perhaps he became too powerful for comfort for he was hanged at Banff in 1700, for bearing arms at Keith market. At the Saint Rufus Fair in Keith MacPherson was attacked by Braco's men, and was captured after a fierce fight in which one of Jamie's crew was killed. According to the traditional account penned by Jamie himself, a woman dropped a blanket over him from a window, and he was disarmed before he could get free of it. Duff and a very strong escort then took him to Banff prison.

It was still at that time a criminal offence merely to be an Egyptian (Gypsy) in Scotland, and it was under this statute that MacPherson was tried in November 1700. MacPherson and three others were brought to trial at Banff before Sheriff Nicholas Dunbar, Sheriff of Banffshire (who allegedly was a close friend of Duff's), on November 8, 1700, accused of: "Being ye mercats in yr ordinary manner of thieving and purse-cutting, or of the crimes of theft and masterful bangstree and oppression", and they were found "Fyllen, culpable, and convick" and sentenced "For sae muckle, as you, James MacPherson, are found guilty of being Egyptians and vagabonds and oppressors of his free lieges. Therefore, I adjudge and decern you to be taken to the cross of Banff to be hanged by the neck to the death".

The actual procès-verbal of his trial is still extant; the following is the text of the death sentence:

"Forasmeikle as you James McPherson, pannal are found guilty by ane verdict of ane assyse, to be knoun, holden, and repute to be Egiptian and a wagabond, and oppressor of his Magesties free lieges in ane bangstrie manner, and going up and down the country armed, and keeping mercats in ane hostile manner, and that you are a thief, and that you are of pessimae famae. Therfor, the Sheriff-depute of Banff, and I in his name, adjudges and discernes you the said James McPherson to be taken to the Cross of Banff, from the tolbooth thereof, where you now lye, and there upon ane gibbet to be erected, to be hanged by the neck to the death by the hand of the common executioner, upon Friday next, being the 16th day of November instant, being a public weekly mercat day, betwixt the hours of two and three in the afternoon....”