Margaret Hutcheson or Stewart - A Case of Forgery and Uttering at Peterhead, Mintlaw and Fraserburgh

Forgery and uttering are two distinct crimes: forgery creates a falsified document while uttering is the act of knowingly passing on or using the forged document. On the 16th September 1873 Margaret Hutcheson or Stewart, together with her accomplice Donald Stewart (there's no evidence that they were married), were tried at the Circuit Court in Aberdeen for having, at Peterhead railway station, forged or caused to be forged, a bank deposit receipt for £94 in the name of Catherine Hay, Little Ythsie, Tarves. The Aberdeen Press and Journal of 17th September 1873 reported that, 

"Further [they are charged with] uttering the same, as genuine, to John Farquhar, agent to the Town & County Bank, Mintlaw. Likewise on the 3rd April in the house of Alexander Morrice, crofter, Lonmay, the prisoners having erased the endorsation on the receipt that they failed to get cashed, did one or other of them, cause Alexander Grant, grandson of the crofter, to forge and adhibit the indorsation "Kethren Hay"; further, with uttering the same and obtaining £50 of cash from James Margets, accountant, Town & County Bank, Fraserburgh, the said prisoner, Margaret Hutcheson or Stewart, adhibiting her mark as the signature of the said Catherine Rae or Hay".

Margaret and Donald pleaded not guilty. Under cross examination in court it became clear how they came by the bank deposit receipt,

"From the evidence it appeared that Mrs. Catherine Hay had received from her father the deposit receipt at Ellon, and on going to her own house at Ythsie, had taken some money out of her purse, but left the deposit receipt in it. In a few days after she lost the purse. The accused were in the locality about the time the purse and receipt were lost, and on the 29th March, they showed the receipt to a lad, Matthews, at the station of Peterhead, and asked him to endorse it, which he did, with the name of Mrs. Hay, Little Ythsie. He then, at Stewart's request, presented the receipt to the agent of the Town & County Bank, at Mintlaw, who, however, being suspicious of the person presenting it refused to cash the document and erased what had been written by Matthews".

The report of the trial reveals that after they had eventually managed to obtain cash by presenting the receipt at the bank in Fraserburgh, Margaret and Donald had purchased a horse and cart for £24. However, they were apprehended soon thereafter and at the trial were each handed a sentence of five years' penal servitude.

Margaret was discharged from prison on licence on the 15th January 1877, at which point her details were recorded in the Register of Returned Convicts for Aberdeen (see image below). She was 28 years old, 5 feet 4 inches tall, with a fresh complexion, dark hair and dark blue eyes. She is also noted as having a burn mark on her right wrist and that she was freckled.

Immediately after her release she is recorded as living at 1 Albion Street, Aberdeen, which was the same address as Samuel Craik Cumming who has previously featured in this blog. This suggests that this address may have been a lodging house of some description. Margaret did not stay there for long, however, and on the 25th January 1877 the register records that she has "Gone to Peterhead".