Homicide at Callakille
The story of the death of Finlay MacBeath, Callakille, Applecross, 1835
Main characters:
Finlay MacBeath (the victim)
Donald ‘Bain’ MacBeath (the accused)
Alexander (37), Christopher and Donald MacBeath, brothers of the victim, and owners of the bothie.
Roderick MacBeath, brother of the accused, and drinker at the bothie.
(All from Callakille)
Others making an appearance:
Kate (the victim’s wife)
John MacDonald, Callakille
Alexander MacRae (18), Cuaig
Alexander MacBeath (44), Callakille, second cousin of both accused and victim
Isobel MacBeath (sister of the above)
The victim’s brother Roderick MacBeath
The victim’s sister Aby MacBeath
Duncan Stewart, bone-setter, Lochcarron.
On the morning of the 9th of March 1835, Alexander MacBeath [brother of the victim], a married man aged 37 years, was in the bothie or ‘smuggling hut’ which his family owned, on the hill about a quarter of a mile above Callakille at a place called Glacknabeg (or Glackanbeg). Such huts, usually hidden in out of the way places, were where local people in those days illegally distilled their own whisky, or in Gaelic uisge beatha (water of life). At ten o’clock in the morning, Roderick MacBeath [brother of the accused], a second cousin, came to the hut, already a little the worst of liquor and proceeded to stay for a good many hours drinking ale. Eventually he asked Alexander to let him have a bottle of whisky, as Roderick had lent him one on the previous New Year’s Day. Alexander, perhaps thinking he had had enough already, suggested that he wait until the next day when the whisky would be distilled, but although Roderick at first acquiesced, he soon reverted to demanding the bottle he was due. Alexander therefore gave him one shilling and sixpence payment for the whisky, but demanded a shilling back which Roderick had owed him previously. This led to a fight - according to Alexander MacRae of Cuaig, an unmarried man of 18, who was also at the hut, Roderick challenged Alexander MacBeath to go out and fight, at which Alexander took hold of Roderick and began to drag him out. Roderick then struck him on the face ‘and bled him’ at which MacRae and another man there, John MacDonald, separated them.
Meanwhile, another Alexander MacBeath, a forty-four year-old second cousin of both the MacBeaths involved in the fight, had left his home after dinner to go to the smuggling hut, carrying a bag of malt belonging to his nephew John MacDonald, so that he might ‘have the use of the utensils there when the other operation was completed’, i.e. to distil some more whisky. There was quite a crowd at the hut by this time – as well as four already mentioned, there was Donald MacBeath the co-owner of the hut, Donald’s sister ‘Aby’ or Abigal, his brother (another) Roderick MacBeath, and another brother Christopher.
When Alexander arrived, Donald and Alexander MacBeath, the owners of the hut, were speaking angrily with the Roderick whom Alexander had been fighting. At this point Roderick’s brother Donald ‘Bain’ MacBeath arrived at the hut, having heard about the fight, and was advised to take his brother home. Donald ‘Bain’ called to his brother ‘Come out of that Sir: it is not when drunk you should begin to fight’. Roderick refused to go but his brother dragged him out and began to take him home.
Finlay MacBeath, another brother of the bothie owners, had also heard about the fight. First of all John MacDonald had come to tell him, and, soon after, Finlay’s mother also came round to urge him to go up and see what had happened. Despite his wife Kate’s opposition to the idea, he went. Kate herself, after putting their child to bed, followed about ten minutes later.
As Finlay approached the hut, he met Donald ‘Bain’ and the drunken Roderick coming down.
No one was close enough to know what happened next in the darkening evening, but according to Kate, her husband Finlay later told her that when he met the two brothers, Donald ‘Bain’ had asked him what brought him there, to which Finlay responded ‘What brought you here?’ and added that ‘he was sure that it was the Devil’s work that had brought him to the Blackhouse’. Another witness added that Donald ‘Bain’ had replied that it was none of Finlay’s business what he was doing there, and that Finlay ‘said he, Donald, was always about mischief and desired him go home’, to which Donald said ‘Not for you!’ Donald then began to swear, seized Finlay, and, grasping his walking stick, which had a large lump at the head, by the middle, struck him a blow with it on the left shoulder, dislocating his arm. Several witnesses heard Finlay say ‘You have done enough to me now, you have put me out of the shoulder’. In the struggle, Finlay was thrown to the ground, landing on a large, rough, grey stone, with Donald on top of him.
Christopher MacBeath, Finlay’s brother, came running from the hut and pulled Donald off, struggling to take the stick from him, while Roderick, the instigator of the original fight, struck Christopher on the face with his fist. Christopher then managed to get the stick and struck Donald ‘a blow (though not a severe one)’ with it across the shoulders.
Finlay, meanwhile, lay groaning, apparently suffering very great pain. Finlay’s wife, Kate, arrived at this moment, and with the others, raised him up ‘in a walking posture, without much use of his legs’ and helped him home. He was put to bed, and sixteen days later, after suffering great pain, died.
About a week after the affair, a person named Duncan Stewart from Rhu dubh, Lochcarron, ‘who is reputed in the country skilful in setting bones,’ was sent for. He examined Finlay and remained with him for two days. He declared that, besides the dislocation of the shoulder, three of his ribs in his left side were broken. However because of the severe swelling and pain he was unable to reset the shoulder.
According to all the witnesses there had never been any quarrel between Donald and Finlay previously, and that they had been on good terms as neighbours. The only hint of discord between the families, according to Isobel MacBeath, second cousin to both men, was that less than a month before, Finlay’s father had gone to a smuggling hut he had helped build for another of the accused’s brothers, William, to take away some wood he had used in building the hut, in order to use them in building a hut for himself. William had prevented him and pushed him rudely from the place.
On the day of Finlay’s death, Donald disappeared from Callakille. Shortly after, the Sheriff’s Officer conducted a dawn search of Donald’s father’s house in Callakille, and of the caves by the seashore and in the hills around. He then heard rumours that he was with relatives at Diabeg, or in Alligin, and searched both these places without success. Donald was indicted at Inverness for ‘culpable homicide’ (known more popularly today as manslaughter).
But was he ever to stand trial?…
Unfortunately we don't know.
[Taken from ‘precognition’ held in National Archives of Scotland]