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The illicit distilling of whisky was never
considered a crime, so long as smugglers kept clear of the officers of
the law. It was rather regarded as one of the legitimate industries of
the country. Men of all shades of character were connected directly or
indirectly with the trade – from the lawless ruffian, who would not
scruple to commit murder, if need be, to the simple-minded cottar, who
was incapable of doing any mischief.
About the beginning of the present
century, a small government vessel, called the ‘Cutter,’ was
stationed on Loch Lomond, with the twofold object of searching the small
boats which conveyed contraband traffic down the loch from the north,
and of assisting the land officers, when occasion required. These excise
officials, however, differed materially in their views as to the
discharge of their duty. While some were stern and rigorous, and never
missed an opportunity of bringing the offenders to justice, others were
of opinion that they only deserved to be caught when they did not keep
proper hours. The former class were certain sooner or later to meet the
reward of their temerity at the hands of the smugglers, by being waylaid
and thrashed, and in some instances murdered; whereas the latter class
fared sumptuously at their hands in houses kept "het and reekin’,"
which simply meant fully stored with meat and drink.
Some seventy years ago, there lived in
the parish of Killearn a man of the name of James Gilfillan. He belonged
to respectable parents, was stout, of a fine appearance, and for his
station in life had received a somewhat superior training. James,
however, had rather a chequered career. When a young man, he was taken
by the "press-gang," and placed on board the ‘Loch Lomond
Cutter,’ and thence conveyed to a training ship on the Clyde.
Ultimately he found himself under service with the renowned Nelson; but,
disliking the life, he and a companion took the first opportunity of
deserting his Majesty’s ship. One night, when the vessel was lying
about a mile from the English coast, he and his friend slipped
overboard, and, being expert swimmers, soon reached the shore. On his
way home he made some very narrow escapes, being pursued for a whole day
by a sergeant of marines and his men, but eventually reached Killearn in
safety. Shortly after this, he set about employing himself at the only
"industry" that the country offered, namely, that of
smuggling, and as this required a companion, he associated himself with
a person called Bryson, and the two certainly made a most formidable
pair.
In those days a Mr. Hosie was excise
officer in Bucklyvie, who had charge of the ride district. He was
somewhat short built, but was of a proud disposition, and waged war
against the smugglers with considerable rigour. Having got information
against Gilfillan, and not daring to run the risk of apprehending him,
he cited him to attend a sheriff court to be held in Drymen with a view
to his capture. Hosie called in the assistance of the ‘Cutter’ men,
and had them waiting in an adjoining room. The sheriff duly arrived,
accompanied by a number of county gentlemen, among them being the late
Captain M’Lachlan of Auchentoig. James attended, not expecting
anything serious. But when about to enter the court-room he observed a
number of blue jackets through a slit in the door. Turning the key
cautiously in the lock, and slipping it into his pocket, he walked into
the court-room. The excise officer was sitting near the window, and on
the smuggler’s entry rose to state the complaint, when James was asked
if he had anything to say in his defence. Looking around he observed
that two officers had taken their place at the door. He seized the lower
sash of the window, pulled it to him, and dashed it with great violence
over the officer’s head; then vaulting into the road below, walked
quietly away, none daring to follow him. The old captain exclaimed –
"That’s a rare man-of-war’s trick," while the other
gentlemen indulged in a hearty laugh. Hosie was rather seriously cut,
and some difficulty was experienced in getting his head extricated from
the pane.
A man of the name of M’Farlane, a
cattle-dealer in Aberfoyle, also kept a regular working still. During
his absence from home on his dealing business his men carried on the
distilling. On one occasion, when absent with lambs, an excise officer
of the name of Shortus paid a visit to the domicile. The servant in
charge, on seeing the officer approach, fled and left the still at his
mercy. Shortus, being a man of a rigourous nature, at once proceeded to
demolish the utensils, which he did most effectually. The exciseman,
believing the servant who fled to be M’Farlane, had him summoned to
appear at the J.P. Court. M’Farlane brought witnesses from Glasgow to
prove that he was there on that day, and that his presence at the still
was an impossibility. This evidence was overruled in favour of the
officer’s oath, who swore positively that it was M’Farlane he saw
running off, and he was fined 30 pounds sterling. The cattle-dealer paid
the fine, but when leaving the court was heard to mutter, "that he
would take the worth of it out of his English hide." Shortly after
this M’Farlane waylaid and nearly murdered Shortus at the mill of
Aberfoyle, but escaped suspicion by hurrying to a neighbour’s house,
where he joined some friends at card-playing. Shortus was discovered by
the miller, who ran for assistance to the house where M’Farlane was,
and who assisted to carry in his almost lifeless victim.
Stationed over the country to assist the
regular excisemen were officers, with smaller or larger bodies of
assistants, as the necessity of the district might require. These were
commonly called "rangers," the chief of whom was an officer of
the name of Dougal. He was a very quiet and inoffensive man, but
powerful and of a self-reliant nature. He was much liked by the
smugglers, and often told them that a smuggler deserved to be taken if
he did not keep smuggler’s hours. Mr. Dougal had been repeatedly
warned of the threatening character of one of the most villainous of the
class, but treated these warnings lightly, and said he was a match for
him at any time. Once when riding between the villages of Arnprior and
Fintry, and on looking accidentally round, he observed this wretch
priming his pistol behind a dyke on the roadside. Being at the time
unarmed, but possessed of considerable presence of mind, he suddenly
dashed his hand into his pocket and took out a small spy-glass.
Springing from his horse, he rushed to the place where the ruffian lay
concealed, crying, "Come on, I am ready for you, my lad." The
would-be assassin, taking the spy-glass for a pistol, fled into the
wood, and Mr. Dougal rode on his way to Fintry. Some short time after
this the officer went amissing, and dark suspicions floated about that
he had been the victim of foul play. Ultimately his body was discovered
on the farm of Glins. Traces of a scuffle, and some articles identified
as his, were found on the shore of Loch Laggan, and it is believed he
was murdered there and his body carried to where it was found, upwards
of a mile. Well-grounded suspicion soon fell upon this man, who was
afterwards totally rejected by his former companions, and died a
wandering outcast. |
