The Crime of Peter & Duncan Barr.
Full Name - BARR, Peter
Peter was sent to the Discovery Hulk, date of arrival unknown, Prisoner No. 706. From there he went to the Ganymede Hulk on 1 July 1833, as Prisoner No. 1978. Transferred to the Lloyds on 14 August 1833.
Full Name - BARR, Duncan
Sent to the Justitia Hulk, arriving on 11 June 1833. Prisoner No. 6907. Transferred to the Lloyds on 14 August 1833.
Duncan and Peter Barr were charged with Wilful Fire-Raising, a crime which had long been regarded as serious. The burning of "houses, corn, coal-heughs, woods and under-woods" was a capital offence. The burning of other types of property was considered less serious and perpretators were punished more lightly. During the 19th century 'Wilful Fire-Raising' became the term used for a capital offence.
On 11th July 1832 Angus McKinnon, a labourer, unmarried and aged 23, went fishing. He returned home about 11pm, passing the house occupied as a Carding Mill and Wrights shop situated in Tobermory. He saw nothing unusual, but about half an hour after, when he was at supper, there was a loud noise and he looked out of his window. He saw the building on fire with flames bursting out of the skylight. The mill was ablaze, but no other part of the building. McKinnon alarmed his neighbours. They went to the wright's shop and began to save articles, but soon the roof fell in and the whole building was on fire.
William Pender, the wright, said he kept a fire going on his premises, but it was most definitely out when he left that night. He was satisfied the fire did not start in his shop, but in the Carding Mill owned by Duncan Barr.
Dugald McFarlane, who worked as a spinner and carder for Barr, said his master had gone to Glasgow on 2nd July and was expected back that evening (12th). Work had stopped for want of materials. Peter Barr, who worked in the dyeing department, lived with the witness. He went to bed between 9 and 10; Barr was out and witness did not know when he returned.
Peter Barr was seen by another witness standing in a close mouth about 10pm.
Several witnesses stated Peter Barr had been agitated and uneasy for about a week. From other witnesses it seems the business was fairly new and was not going too well.
Duncan Barr stated he left Tobermory for Glasgow on the 2nd to transact business and arrived back on 13th July. He was surprised to learn that his premises had been burned down. He questioned his workers, but they could give no reason. He had insured with the North British Insurance Co. in the beginning of the previous winter for £300, though he was doubtful whether that sum would cover his losses. He said he kept the cloth in his house after dyeing for security reasons. Articles had several times been stolen from his shop. He could not account for the burning of his shop nor had any suspicion of anyone.
The above statement was made on 14th July 1832, but a later declaration, on 19th November 1832, brought forth the information that Barr learned about the fire when on board the steamer at Oban and he had taken out a loan of £50 from Mr McLean of Coll. The solicitor involved had insisted on the insurance with North British to secure the loan.
But - when away in Glasgow on 4th July - Duncan took out another policy with the Scottish Union Insurance Co. for £500. He was most anxious to receive the policy, but it had to be processed in Edinburgh.
There was a delay in getting the Barr brothers tried and a petition was issued by defence; bring them to trial in 60 days or release them. As Paterson states in his Compendium of English and Scotch Law:
"A definite period can be fixed by a prisoner irrespective of the sittings of the courts. This is called running his letters. He can take out letters of intimation against the person on whose application he was incarcerated and against the Lord Advocate. These letters require the Lord Advocate etc. to execute an indictment against the prisoner within 60 days from the service of the letters, and to bring the trial to a conclusion within 40 days thereafter, failing which, the prisoner is entitled to be discharged. He may, however, be tried anew by the Lord Advocate on criminal letters within 40 days. If the time thus fixed does not coincide with the usual time of circuit, the prisoner and all the witnesses must be brought up from any part of the country to the Justiciary Court in Edinburgh for trial."
The brothers were tried by the Circuit Court at Inveraray on 20 April 1833. At first they made a plea of Not Guilty, but changed their plea after the examination of fifteen witnesses. They both received a sentence of transportation for life.