A Tragic Defence
Before Sheriff Campbell Smith yesterday, John McGonagall, labourer, Step Row, was tried on the charge of having assaulted to the fracture of a couple of ribs William Harvey, ropemaker, in the house of his father, the Poet of Dundee and Magdalen Green, on 8th inst. Dr Templeman deposed that the man had had two of his ribs fractured, from what cause he could not say . Harvey in evidence gave a detailed account of his conflict with McGonagall. His daughter, he said, was married to the accused’s brother, who was at present an inmate in Westgreen Asylum, and on the occasion in question he called to inquire concerning him. Accused sister refused him admission, and accused himself subsequently followed him, tripped him and jumped on him with bis knees and feet. To this attack he attributed the fracture of his ribs which had necessitated his confinement in the Royal Infirmary. Margaret Steel, schoolgirl, and others who saw tbe meeting between parties spoke to the attack upon Harvey, and a police officer stated that he found accused hiding in the coal bunker, and protesting his innocence. William McGonagall, the Poet, was described by his son as worth the whole lot of the previous witnesses, appeared for the defence. Having taken the oath in a very imposing style, he entered into a graphic description of the disturbance with so much vigour that the Court Officer had to call him to order. Whereupon the poet exclaimed tbat, being of a tragic disposition, he had to speak out. On the question of who was the aggressor, he alleged that Harvey struck at the accused with a waist belt, and used signs signifying that he would knock off his head. This, he maintained, was quite right in defence of a house, which was his father’s house, from an attempt at the door, and this man was an enemy, who had haunted witness like an evil shadow, and called — “Poet, poet, silvery Tay, silvery Tay, bring out your sword and I will fight you.” What, said the poet in conclusion, would have been the result had he, who could sweep thirty of Edward’s army into the Tay, produced the sword? The Sheriff, in giving judgment, said that Harvey had no business to persist at McGonagall’s door, but on the other band, it was a cruel thing to crush hisfingers. As to the accused following up, the action was scarcely defensible, though not inexcusable. If his Lordship had been satisfied that McGonagall, jun., broke the man’s ribs by direct and overt violence, such as a kick, he would find him guilty, but, on the evidence, he was not convinced that had been done. In the whole circumstance he found the charge not proven, and dismised the accused.
Dundee Courier, 25th April 1893
