MCCPHILLAMY, William

1786 - 1838  (52 years)

• Name	MCCPHILLAMY, William  [1, 2, 3, 4]
  Born	1786	Badoney, Newtown Stewart, Tyrone, Northern Ireland   [1, 2, 4]
  Gender	Male
  Buried	Oct 1838	O'Connell Plains, New South Wales, Australia   [4]
  Died	27 Oct 1838  [1, 2]
  	"Mt Tamar" Bathurst, NSW Australia
  Person ID	I12730	My Genealogy
  Last Modified	16 Sep 2023

  
  

  Father	MCPHELLIMY, William,   b. 1765
  Relationship	natural
  Mother	MCPHELLIMY, Margaret,   b. 1768
  Relationship	natural
  Family ID	F6531	Group Sheet  |  Family Chart

  
  

  Family	SCOTT, Mary,   b. 7 May 1792, Glendowran, Crawfordjohn, Lanarkshire Scotland ,   d. 12 Jun 1851, Bathurst, New South Wales, Australia  (Age 59 years)
  Married	24 Oct 1815	Muirkirk, Ayr, Ayrshire, Scotland   [5]
  	William McPhillamy was Mary's first husband.
  Children	1. MACPHILLAMY, James,   b. 10 Jan 1817, At sea, Sulawesi Tengah, Indonesia ,   d. 20 Mar 1864  (Age 47 years)  [natural]   2. MACPHILLAMY, Robert,   b. 17 Nov 1818,   d. 23 Sep 1888, Macquarie (Locality) NSW Australia  (Age 69 years)  [natural]   3. MACPHILLAMY, Charles Marsden,   b. 9 Mar 1821,   d. 1906, Bathurst, New South Wales, Australia  (Age 84 years)  [natural]   4. MACPHILLAMY, Elizabeth Mary,   b. 18 Jul 1823,   d. 5 Apr 1891, Bogie, Mudgee, New South Wales, Australia  (Age 67 years)  [natural]   5. MCPHILLAMY, John Smith,   b. 15 Sep 1825, Windsor, New South Wales, Australia ,   d. 18 Jul 1887  (Age 61 years)  [natural]
  Last Modified	16 Sep 2023
  Family ID	F3430	Group Sheet  |  Family Chart

  
  

• Photos

  William & Mary McPhillamy

  
  

  Documents

  Media Item

  
  

  Histories		trial report of William McPhilimy and Mary Scott or McPhilimy
  		william and mary
  		William story

  
  

• Notes

  Transcription by Rosemary Winterscott (downloaded from ancestry.co.uk) The following is a transcription of a 16 page document from the Court case and contains spelling and capital letters as recorded in the document. Most of it is legible but words in italics are a guess at what is recorded George the Third by the Grace of God of the United Kingdom of Great Britain and Ireland, King Defender of the Faith to Macers of our Court of Justiciary Messengers at Arms our Sheriffs in that part conjunctly and severely, specially constituted, Greeting whereas it is humbly meant and complained to us by our right trustee Archibald Colquhoun of Killermont, Advocate for our interest upon William McPhilimy, labourer, lately residing at Glenbuck in the Parish of Muirkirk, and County of Ayr, present or late prisoner in the Tollbooth of Ayr; and Mary Scott, or McPhilimy, wife of the said William McPhilimy, also present or late prisoner in the Tollbooth of Ayr: That albeit by the laws of this and every other well governed realm, mobbing and rioting, more especially when done for the purpose of feloniously assaulting, obstructing and deforcing, any officer or officers of the Revenue, when employed in the discharge of their duty; as also the feloniously assaulting, wounding to the effusion of their blood, obstructing and deforcing any officer or officers of the Revenue when employed in the discharge of their duty, are crimes of an heinous nature and severely punishable, yet true it is and verity, that the said William McPhilimy and Mary Scott or McPhilimy, are both and each, or one or other of them, guilty of the said crimes, or of one or other of them, aggravated as aforesaid, actors or actor or art and part: In so far as, Walter Graham, Supervisor of Excise, now or lately residing at Newton upon Ayr, in the County of Ayr, having received information that illicit distillation was carried on at Glenbuck, in the parish of Muirkirk, and County of Ayr aforesaid, did, on Thursday the twenty five day of January one thousand eight hundred and sixteen, in Company with William Duncan, Excise Officer in Mauchline, in the Parish of Mauchline, James Clark, Excise Officer in Catrine in the Parish of Sorn, and Thomas Cuthbert Expectant of Excise, then residing at Mauchline aforesaid, all in the County of Ayr, proceed from Mauchline to Glenbuck aforesaid for the purpose of seizing such illicit stills as might there be found; And said Walter Graham and is said party having arrived at Glenbuck aforesaid, did, on the morning of Friday the twenty sixth day of January one thousand and eight hundred and sixteen years, or on one or other of the days or nights of the said month of January, or of the month of December eighteen hundred and fifteen immediately preceding, or of February eighteen hundred and sixteen immediately following, at Glenbuck aforesaid, make seizure of two illicit stills, one of said stills being found in the lower flat of the house in Glenbuck aforesaid, which was then occupied by the said William McPhilimy, as tenant or sub-tenant thereof, and the other illicit still being found in a house adjoining to the said house occupied by the said William McPhilimy as aforesaid; and the said Walter Graham and his said party did also then and there make seizure of a quantity of wash and of several barrels, which were found in the lower part apartment of the house occupied by said William McPhilimy as aforesaid, and of three bolls of bear, or thereby found lying beside both or one or other of the said illicit stills, or at the door of one or other of the houses in which said stills were found: And said Walter Graham and his said party having procured a horse and cart, did place the worms of the said two stills, and the said barrels and bear, seized as aforesaid on said cart for the purpose of conveying the same to Muirkirk. And said Walter Graham and his said party having set off from Glenbuck with the said cart, loaded as aforesaid, in order to proceed to Muirkirk, a Mob was raised, for the felonious purpose of assaulting, obstructing, and deforcing the said Walter Graham and his said party, said Mob being armed with sticks, bludgeons, pokers, and other weapons of which Mob, so feloniously assembled, the said William McPhilimy and Mary Scott or McPhilimy, were the ring leaders and instigators, or at least they were both and each, or one or other of them, very active in said Mob: and said Mob, of which the said William McPhilimy and Mary Scott or McPhilimy were the ringleaders or instigators, or in which, at least, they were both and each, or one or other of them were very active, having following the said Walter Graham and his said party for some space along the high road leading from Glanbuck to Muirkirk aforesaid, did, on part of said high Road, about a mile from Glenbuck aforesaid, and in the Parish of Muirkirk and County of Ayr, wickedly and feloniously, and in a most violent and outrageous manner, attack and assault the said Walter Graham and his said Party; and six or more of the said Mob, headed by the said William McPhilimy and armed with sticks, bludgeons, or other weapons, did violently assault the said William Duncan who was a little advanced before the rest of the party, and had the immediate charge of the horse and cart; and said William McPhilimy and Mary Scott or McPhilimy and their said accomplices did inflict so many heavy and severe blows on the head, shoulders, and other parts of the body, of the said William Duncan that he was knocked down and rendered insensible. And the said William McPhilimy continued to beat him with a stick or bludgeon after he was so knocked down and rendered insensible; and said William Duncan having somewhat recovered attempted to rise, when the said William McPhilimy with his said stick or bludgeon struck him another severe blow on the upper lip, by which he was much cut, and again brought to the ground; by which blows and violence, so inflicted by the same William McPhilimy and his said accomplices as aforesaid, the said William Duncan was much hurt and bruised, and wounded to the effusion of his blood, and prevented for some days from attending to his business: And when the said Walter Graham was hastening to the assistance of the said William Duncan, the said Mary Scott, or McPhilimy, attacked the said Walter Graham, and, with an iron poker which she held in her hand, or with some other instrument to the public prosecutor unknown inflicted a severe blow on the head of the said Walter Graham by which his temple was much cut, and bled profusely; and the said Walter Graham was at the same time struck and severely hurt, by others of the said Mob, and the said Walter Graham and his said party being overpowered by the Numbers and violence of the said Mob were under the necessity of abandoning their seizure; and the horse and cart which contained the same being taken possession of by the said Mob, were by them carried back to Glenbuck aforesaid: By all which, the said Walter Graham and his said party were, in the Execution of their duty as officers of the Revenue, feloniously assaulted, wounded to the effusion of their blood and deforced: And the said William McPhilimy having being apprehended and taken before Mr William Eaton, Sheriff Substitute of the County of Ayr, did in his presence, at Ayr, on the nineteen day of March one thousand and eight hundred and sixteen years emit and subscribe a declaration: and the said Mary Scott or McPhilimy, having been apprehended and taken before the said Mr William Eaton, did, in his presence at Ayr, on the said nineteenth day of March one thousand eight hundred and sixteen emit a declaration, which was subscribed by the said William Eaton, she having declared that she could not write: Both which declarations being to be used in evidence against the said William McPhilimy and Mary Scott or McPhilimy, on their trial respectively, will, for that purpose, be lodged in due time in the hands of the Clerk of the Circuit Court of Justiciary, before which they are to be tried, that they may have an opportunity of seeing the same. At least, time and place aforesaid, a Mob was raised, for the purpose of feloniously assaulting, obstructing, and deforcing, the said Walter Graham and his said party in the discharge of their duty as Revenue officers: and said Walter Graham and his said party were, when then and there employed in the discharge of their duty, feloniously assaulted, wounded to the effusion of their blood, and obstructing and deforced: And the said William McPhilimy and Mary Scott or McPhilimy, are both and each, or one or other of them, guilty of the said crimes, or of one or other of them, aggravated as aforesaid, actors or actor or art and part. All which or part thereof being found proven by the verdict of an assize, before the Lord Justice General, Lord Justice Clerk and Lords Commissioners of Justiciary, in a Circuit Court of Justiciary to be holden by them or any one or more of their Number, within the Criminal Court house of the Burgh of Ayr upon the Twenty Sixth day of April one thousand eight hundred and sixteen the said William McPhilimy and Mary Scott or McPhilimy ought to be punished with the pains of law to deter others from committing the like crimes in all time coming. Our will is therefore and we charge you that on sight hereof of yepass and in our name and authority lawfully Command and Charge the said William McPhilimy and Mary Scott or McPhilimy above complained upon to compear and to come and find sufficient caution and surety acted in the books of adjournal that they shall compear before our said Lords Justice General, Justice Clerk and Commissioners of Justiciary in a circuit court of Justiciary to be holden by them or any one or more of their Number within the criminal court house of Ayr, the said twenty sixth day of April in this present year one thousand eight hundred and sixteen, in the hour of cause, thereto underlye the law for the crimes above mentioned and that under the pains contained in the acts of Parliament, And that ye charge them personally if they can be apprehended and failing thereof at their dwelling places and at the Market Cross of the head Burgh of the Shire, Stewartry, or other jurisdiction where they dwell to come and find the said caution and surely acted in a manner aforesaid within six days next after they are charged by you thereto under the pain of Rebellion and putting of them to our horn; wherein if they fail the said six days and being bygone and the said caution and surety not found nor any intimation made by them to you of the findings thereof that incontinent thereafter ye denounce them our Rebels put them put to our horn and escheat and inbring all their moveable goods and gear to our use for their contempt and disobedience and that ye within fifteen days thereafter cause Registrate these our letters with the Executions thereof in our books of Adjournal conform to the act of Parliament; And if they come and find the said Caution and Surety acted in manner aforesaid Intimation being always made by them to you of the findings thereof. That ye varmon an assize hereto not exceeding the Number of forty five persons, Together with such witnesses as best know the verity of the premises whose names shall be given to you in a list subscribed by the said complainer personally or at their dwelling places all to compear before our said Lords day and place aforesaid in the hour of cause, there the said persons of Inquest to pass upon the assize of the said persons above complained upon, and the said witnesses to bear leal and soothfast witnessing insofar as they know or shall be asked at them ancirt the said persons above complained upon their guiltiness of the crimes libelled the assizer and witness under the pain of one hundred murks Scots. According to justice, as ye will answer to us thereupon. The which to do we commit to you full power by these our letters delivering them to you duly executed and indorsed again to the bearer. Given under our signet at Edinburgh the first day of April in the fifty sixth year of our reign 1816. Ex deliberation in dominorum commissionariorum justiciariee. Signed by J.A Anderson 1st April 1816

  
  

• Sources

  [S309] Public Member Trees, Ancestry.com, (Name: Name: Ancestry.com Operations, Inc.;;), Database online. Record for William MacPhillamy http://trees.ancestry.com/pt/AMTCitationRedir.aspx?tid=103289043&pid=6394 [S309] Public Member Trees, Ancestry.com, (Name: Name: Ancestry.com Operations, Inc.;;). Record for William McPHILLIMY https://search.ancestry.com.au/cgi-bin/sse.dll?db=1030&h=322087829435&indiv=try [S308] Ancestry Family Trees, (Name: Name: Online publication - Provo, UT, USA: Ancestry.com. Original data: Family Tree files submitted by Ancestry members.;;), Ancestry Family Tree. [S309] Public Member Trees, Ancestry.com, (Name: Name: Ancestry.com Operations, Inc.;;), Database online. Record for William McPHILLAMY/MacPHILLAMY Mr http://trees.ancestry.com/pt/AMTCitationRedir.aspx?tid=103289043&pid=6394 [S309] Public Member Trees, Ancestry.com, (Name: Name: Ancestry.com Operations, Inc.;;), Database online. Record for William McPHILLAMY/MacPHILLAMY Mr http://trees.ancestry.com/pt/AMTCitationRedir.aspx?tid=103289043&pid=12163