William Robertson - An incident on Exchange Street by a "habit and repute" thief?

If you had happened to see William Robertson on his discharge in 1872, when this picture was probably taken, it is likely that you would have noticed the "hole in left cheek" as described in the accompanying details and which is clearly visible in this mugshot.

The additional information about him conveys that he is 38 years old, 5 feet 7 inches tall, with a fresh complexion, brown hair and hazel eyes. How he came to be afflicted with a hole in his cheek is not known, but such distinguishing marks were key details in being able to identify individuals. Similarly, tattoos, scars, missing fingers, poor teeth and the like are frequently noted alongside mugshots in the Register of Returned Convicts for the Burgh of Aberdeen: they hint at the living conditions and rudimentary healthcare that people endured in the Victorian city.

William Roberston had been sentenced to seven years' penal servitude in April 1867. The Aberdeen Press & Journal of 17th April that year reported his trial as follows, "William Robertson (33) was charged with having, on the 7th September last, in Knight & Son's Refreshment Rooms, Exchange Street, Aberdeen, stolen from Alexander Mathieson, general dealer, Shiprow, Aberdeen, two one-pound notes, three pounds in silver, and a purse, the property of Mathieson. The case was aggravated by Robertson having been three times previously convicted, and being habit and repute a thief. The prisoner pleaded guilty as libelled, with the exception of the charge of habit and repute".

The criminal historian, Dr. Nell Darby provides a succinct discussion of "habit and repute" in her blog here. Essentially it was a charge under Scottish common law that took into account the temper and disposition of a person, and was an admittance of ‘bad character’. Crucially, an individual could not be charged with being "habit and repute" in isolation: they had to be charged with another offence (though not murder or assault) at the same time. Similarly the accused could not be found guilty of "habit and repute" unless they were also found guilty of the other charge.

The court accepted William Robertson's plea, so although he was found guilty, he escaped the charge and stigma of being a "habit and repute" thief, possibly because he had already been in prison for seven months before the case had come to trial. Nonetheless, the sentence handed down by Lord Justice Clerk was seven years' penal servitude.

Following his discharge, William Robertson lived on Harriet Street and Guestrow in Aberdeen before going to Dundee in April 1873 after which there are no further entries for him.