Guy Ralston gave a most interesting account in No 8 of The Magazine (online issue 12, page 6) of the disastrous visit of HMS Hazard to Campbeltown in 1795 in an attempt to impress men into the Royal Navy.

    They were still at it in 1813 when a visit of a naval ship resulted in the death of a 15-year-old Campbeltown lassie. I am indebted to Sheriff Andrew Lothian of Edinburgh for drawing my attention to a report of the case of James Hendry on 12th July 1813 which appears at length in a footnote to David Hume's Commentaries of the Law of Scotland Respecting the Trial of Crimes, Vol. 1 page 209, as follows:

    James Hendry was a midshipman in the Maria, armed tender, employed on the impress service; and having, in the course of that duty, been ordered ashore at the town of Campbelton, with a boat's crew under his command, (who were to meet at a certain point with another boats's crew,) he had accordingly landed, and had impressed six men, with whom he meant immediately to return on board.

    In the execution of this service, they were, however, opposed by a riotous crowd of people, who collected against them armed with sticks, stones, bricks and other the like weapons, with which they commenced a violent attack on him and his party, - calling out to each other, "to murder the pressing vagabonds." Several of the party received severe blows, and were brought to the ground. A marine was beaten down, and his side-arms were nearly wrested from him; one or two pistols were fired at them, from windows in the town; and three of the impressed men were forcibly rescued. On this occasion, an officer of the party fired his pistol in return; and Henry was heard at this time repeatedly to call out, "For God's sake not to fire among the mob, but over their heads."

    With some difficulty, the party at length forced their way to the boat, and from thence on board the tender; though they were annoyed with stones on their way to the shore, and also when in the boat, as long as within reach. It was found, however, that, unfortunately, one of the party, William Johnston, a seaman, had been left behind, and intercepted by the mob. This man had received a cut, and been knocked down, and disabled from keeping up with the party; and he thus fell into the power of the multitude, who were so exasperated on the occasion, that even after he was carried into a house, many of them followed him in, and violently threatened his life, till assured he was not an officer, but a private seaman only.

    The magistrates of the place interfered, however, to protect Johnson; and havmg got him into their charge, they proceeded with him to the head of the pier; and from thence they hailed the tender, and called for a boat to be sent to take him on board. A boat was dispatched accordingly, under the command of Henry; but as doubts were entertained about this hailing, whether it was not a treacherous invitation, to bring the party ashore, and renew the attack, it was thought proper to send two marines in the boat, with a musket and a pistol, and a few rounds of ball-cartridge. Two of the impressed men had been judged unfit for his Majesty's service, and they also were sent off in the boat.

    Among others who were prepossessed with the belief that the hailing had been a mere decoy, was Henry himself., and in this opinion he was confirmed by the reception the party met with on approaching the shore. Not knowing of a landing-place at the head of the pier, where the magistrates and Johnston were, Henry pushed farther on, for the stairs at the middle of the pier; and here the mob again presented themselves, shouting and threatening, and throwing a great many stones at the party in the boat. Few of these, however, hit the boat, which kept rowing off and on. With a view to deter them the marines fired four times over the heads of the multitude; and this after Henry had repeatedly called out to them, that he must and would give orders to fire, if they did not desist. Instead of doing so, the mob increased, however, in numbers and in violence; and at length, finding that their comrade Johnston was not to be brought off without danger to himself and his party, Henry took the musket from the marine, and fired three times successively on the multitude. Upon the last shot they were observed immediately to disperse; and it was afterwards found, though not known to Hemy's party at the time, that it had unfortunately taken effect on a girl of fifteen; and she died of the wound. The boat now rowed to the pier, and put the two impressed men ashore; when it appeared that Johnston had just a little before been sent off in another boat, from the head of the pier; whereupon Henry and his party returned to the tender.

    It was quite obvious that, in the whole circumstances of this case, the charge of murder was out of question; and the prosecutor, accordingly, gave it up. The Court were, however, of opinion, that it was a case of culpable homicide. And it does, indeed rather appear, that there was a precipitancy and an excess. Because, although molested and annoyed by the mob, Henry and his party were not at this time suffering any bodily harm; and he ought therefore to have rowed in towards the stairs (so some may think) and have attempted to land, and have seen what ensued, instead of proceeding to extremities, by firing among them from the water, where he and his party were in safety. The homicide would, indeed, have been justifiable, if it had taken place by his firing on the mob in the preceding and more alarming stage of the attack, when the party were ashore, and suffering severely in their persons, - their prisoners rescued from them, - one of themselves intercepted, and made a prisoner, - and the others put in serious risk of not making good their retreat to the boat.

    The jury, however, considered the violence and obstinacy of the assault, - the great patience of the seamen in the first stages of it - the personal injuries recently sustained, - and the many warnings given the mob without effect. They were farther of opinion, that the pannel might justly insist on their dispersing, before he should again land and expose his men; and they thus came to the conclusion on the whole, that he was not blameable for firing on the mob on their reftisal to disperse, and continuing to throw stones, and make preparation to resist him if he should try to land. They found accordingly, that he had "committed an act of justifiable homicide." With that phrase in the verdict of which this is said to be the first instance in our practice, the Court were not entirely satisfied. What the jury had to consider was Guilty or not guilty of culpable homicide; to which extent only, and no farther, the Lord Advocate insisted in his charge.

    We shall never know how many similar instances occurred during the long period of the French Wars. In his article Guy Ralston states that impressment went on till 1815 (when Napoleon was finally defeated at Waterloo) and that it was not till 1853 that Parliament finally abolished the practice.

No 43 Spring 1998

Wee Drams

Page  2:    Janet and Marie Morrison's 1999 Trip to Scotland - Part Three

Page  3:    A Series of e-mails from Heather McFarlane

Page  4:    An American Lady in Southend, 1878 - Part Two

Page  5:    The Heather McFarlane Page

Page  6:    The War-Time Record of the Campbeltown Fishermen

Page  7:    The Press Gang

Page  8:    By Hill and Shore - Part Two

The A.I.B. Stewart Page