John Masterton (1835-1886)
Civil engineer, Edinburgh
John Masterton was a civil engineer and surveyor, (although qualifications are uncertain) practising in Edinburgh at a time when the city was expanding rapidly, and improving its transportation systems. Notably, John Masterton was engineer to the City Road Trust at the time of the construction of the Edinburgh tramway throughout the city. It is ironic that having abandoned trams many years ago, Edinburgh is once again constructing a tramway system on a much reduced scale. But John's later appearances in the news suggest he got into some difficulties with relationships and complicated financial affairs.
Genealogy
John Masterton was the second son of John Masterton, Grocer and Spirit Dealer and Catherine Taylor. John Masterton (father) was born in Biggar in 1804 and is one of that group of Mastertons from the Biggar area. A fuller genealogy of the extended family of John Masterton can be found at this link
The Glasgow Herald
MONDAY, 18th July.
DIVORCE CASE - WILLIAM WALKER v. MRS JANE ANN FRASER OR WALKER.
FIFTH DAY.
To-day, further proof was led before Lord Ormidale, in the action of divorce in which William Walker, manufacturer, residing at Murrayfield, Edinburgh, is pursuer; and Mrs Jane Ann Fraser or Walker, his wife, residing in Edinburgh, is defender.
W.S. Stuart, who was recalled, deponed - I and a solicitor before the Supreme Courts. I am agent for James Grant, and have known him for about twenty-one years. He is married, and has two children. Mr Grant's brother has told me that Mr Grant is forty-eigth years of age, and he appears to be like a man of that age. He was born in the year 1822.
W.S. Walton deponed - I have known Mr and Mrs Walker for three years. They have no family. Mrs Walker told me about a year ago that she was about thirty-five, and she looks like a woman of that age. Mr Walker is about forty-seven. They have been living at Carlton Lodge during the ime I have known them, and Mr Walker lives there still.
Documents in the case were then put in, and the pursuer's proof was closed.
Dr Littlejohn was briefly examined by Mr ROBERTSON.
William H. Hogarth, examined by Mr ROBERTSON - I am assistant to Mr Masterton, surveyor, Edinburgh, and went along with him and another assistant a few days ago to the tomb of Colonel Hamilton, in St. Cuthbert's Churchyard. I stood between the pillars and lntel.
John Masterton, surveyor, Edinburgh, examined by Mr BALFOUR - I made an examination of St Cuthbert's Churchyard on the 11th July, along woth Mr W. Ormiston. I am now shown a plan made by Mr Ormiston. I looked from the eastmost upper window of the church towards Colonel Hamilton's tomb. The line of vision is intercepted by a tree so that you cannot see the tomb at all from that point. From the second eastmost window there is nothing to intercept the line of vision. On my first visit I palced Mr Ormiston at the tomb, and on the second day my two assistants. I placed my assistants against the pillars, one on the east and the other on the west on the sill of the tomnb, with the iron gate behind them. I did not see them from the eastmost window, and from the other the view was not very distinct. The glass was wavy, and had the effect, if you moved your head, as if the objects were moving also. The door of the tomb is partly a secluded place, but it can be observed from the windows in Princes Street and the west gate of Princes Street Gardens.
Cross-examined by Mr MACDONALD - The tree is in full leaf just now. It would depend on the state it was in in November whether there would be much difference in what might have been seen then and now. My assistants walked towards each other from the pillars to the centre. I don't think, from the obliqueness of the vision, you could have seen them shaking hands unless it was a very demonstrative shake. (Laughter.)
James Brownlee, examined by Mr ROBERTSON - I am assistant with Mr Ormiston, surveyor, Edinburgh. I went with him and Mr Blair, another assistant, and found out Colonel Hamilton's tomb, where the other assistant and myself stood facing each other, while Mr Ormiston went to the church.
Cross-examined - We could see the church windows quite well, but I could not see Mr Ormiston.
Wm. Ormiston, examined by Mr BALFOUR - I am an architect and surveyor in Edinburgh, and partner with Bailie Cousin. I made the plans I am now shown. I told my two assistants to stand on the step of the tomb. From the eastmost window I had an oblique view, and a tree intervened. I could see a mass of face through the tree but that was all. I looked through the next window and saw my two assistants. The glass is old and full of wavy circles. To see through it, one would require to hold his head very steady. The slightest motion of the eye causes everything in the yard to appear to move.
Cross-examined by Mr MACDONALD - The tree was a small leafed willow.
Documents were then put in for defender, and the proof closed.
It was agreed to proceed with the hearing of the debate in the proof on Friday, at one o'clock.
The Court then adjourned.
The Glasgow Herald
19th July 1870
CITY ROAD TRUST. - The ordinary monthly meeting of the City Road Trust was held yesterday - Bailie Howden, in the absence of the Lord Provost, presiding. In regard to the appointment at the last meeting of Mr Masterton as engineer to the Trust, Mr Laing asked the chairman if Mr Masterton was an engineer. Bailie Howden answered that it was so stated on that gentleman's business card. Mr Laing - His card! Is there nothing else to show for it? Bailie Howden - I don't know exactly what constitutes an engineer. (Laughter.) Mr Laing said that the Directory had been consulted, and Mr Masterton was not designated there as an engineer; and the Constitution (sic) of the Engineers had also been consulted with the same result. In these circumstances he would ask the Clerk if, in the event of any legal dispute arising, between the Trust and the Tramways Company for instance, would not that fact be prejudicial to the interests of the Trust? Mr Duncan (clerk) thought the case was much the same as that of chartered and other accountants. Mr Laing said further that, though the matter was now past, it was well known that the chairman and Convener Robertson had made use of that very argument as a reason against the appointment of Mr Anderson; and he could not see why the reason should not be applied in Mr Masterton's case. The subject was then allowed to drop. The only other business of any general interest before the Trust was that of arrangements with the Tramways Company for the laying of the lines of tramway at present resolved upon; and it was agreed to offer to the Tramways Company to alter and improve the levels of the line of street between Haymarket and Constitution Street, Leith, on the company agreeing to pay half the expenses.
The Scotsman
22nd August, 1871
The Scotsman
EDINBURGH STREET TRAMWAY COMPANY. - On Saturday Colonel Rich, Inspector for the Board of Trade, examined the Morningside section of the tramways. He was accompanied by Dr Alexander Wood, Chairman; Colonel Ryley, Mr Daniel Ainslie, and other directors of the company, Mr Paterson, secretary; Mr Macrae, engineer; and Mr Gowans, contractor; Mr Bell, engineer for the Town Council, Mr Masterton for the City Road Trust, the burgh engineer, &c., &c. Colonel Rich first walked and then drove over the line. Subsequently an opportunity was given to him of seeing the power of the breaks (sic) attached to the cars on the steepest gradient which has yet been constructed - that of Leith Street. Going down this steep incline the car was twice stopped within half its own length. On returning to the office the engineers of the Town Council and the City Road Trust expressed themselves as satisfied, and Colonel Rich intimated that his report would be favourable.
The Scotsman
11th November, 1872
THE NORTH BRIDGE. - A meeting of the Special Committee on the North Bridge was held on Saturday, at which Mr Stevenson, C.E., and Mr Masterton, engineer to the Road Trust, and Mr Macrae, engineer to the Tramway Company, were present. It was felt, we believe, that nothing definite could be done until the Tramway Company had definitely intimated whether they meant to lay a double or a single line of rails on the Bridge proper - a decision which is expected in a day or two. A proposal to lay the roadway of the Bridge with wood instead of stone was favourably considered; but a settlement of this matter was also postponed. The meeting gave authority to have the tops of the arches concreted; and it was also resolved to have portions of the parapet painted in different colours, with the view of determining which will have the best effect. We believe the west footpath will be opened in about a week hence.
The Scotsman
Monday, 7th December, 1874
page 4
THE DISPUTE ABOUT AN OFFICIAL BADGE. - Sheriff Hamilton, in the Edinburgh Sheriff Court, gave judgment yesterday in the action in which the United Incorporation of Mary's Chapel, Edinburgh, and its deacons and treasurer, sued John Masterton, civil engineer, 58 Frederick Street, "instantly to deliver up to the pursuers a distinctive medal or badge belonging to the foresaid incorporation, and some time worn by him as one of the deacons thereof." His Lordship finds it proved that the badge is the property of the above-named incorporation, has ordained the Clerk of Court to deliver the badge (which had been lodged in process) to the pursuers, and found the defender liable in expenses. Appended to the interlocutor is the following note:- "The natural inference to be drawn from the evidence of the defender himself is that the badge in question is the property of the incorporation. But the matter is placed beyond dispute by the other evidence that has been led." Agent for the Pursuers - T.J. Wilson, S.S.C. Agent for the Defender - Edward Nish, solicitor. Mr Masterton has intimated an appeal to the Sheriff-Principal.
The Scotsman
Tuesday, 8th April, 1884
THE DISPUTE ABOUT AN OFFICIAL BADGE. - Some time ago, it may be remembered, an action was raised in the Edinburgh Sheriff Court, in which the United Incorporation of Mary's Chapel, Edinburgh, and its deacons and treasurer, sued John Masterton, civil engineer, 58 Frederick Street, "instantly to deliver up to the pursuers a distinctive medal or badge belonging to the aforesaid Incorporation, and some time worn by him as one of the deacons thereof," Sheriff Hamilton, who heard the case, held it as proved that the badge is the property of the above-named Incorporation, ordained the Clerk of Court to deliver the badge (which had been lodged in process) to the pursuers, and found the defender liable in expenses. Mr Masterton having appealed, Sheriff Davidson issued an interlocutor yesterday, adhering to his Substitute's decision, and in a note says:- "When the badges were ordered, Mr Crichton understood them to be ordered as the property and for the use of the Incorporation. Accordingly, he charged them in his books to the account of the Incorporation, and they were paid for by the treasurer. If the treasurer was not consulted before the order was given, he at least at once adopted it; and, indeed, he says the order was within the power of the deacons, and that it was his duty to give effect to their orders. The space left for the names of future deacons shows what the order really was." Agent for the Pursuers - T.J. Wilson, S.S.C. Agent for the Defender - Edward Nish, solicitor.
The Scotsman
13th May, 1884
THE CLYDESDALE BANK (LIMITED) v. PATERSON, CAMERON, & CO.
In this case decree is sought against a firm of S.S.C.'s in Edinburgh, now dissolved, for payment of £500. By promissory note, dated 8th July 1886, Paterson, Cameron, & Co., and John Masterton, sometime C.E. and surveyor in Edinburgh, conjunctly and severally promised, three months after date, to pay to the pursuers £500 for value received. The firm of Paterson, Cameron, & Co. was, on 31st Dec. 1886, dissolved by mutual consent; and Masterton died on the 9th October 1886, intestate, without leaving any settlement, and in November 1886 a judicial factor was appointed on his estate. The defenders explain that the £500 was advanced by the pursuers to Masterton to enable him to make an investment connected with certain heritable property in Dundee, which the defenders were carrying through. The defenders aver that the promissory note was taken by the pursuers in return for this accommodation, and by arrangement, the defenders also signed the note; that no value was received by the defenders from the pursuers in exchange for the note; that when the bill became due and was renewed in July 1886, the pursuers had received from Masterton, and held in their hands, assets and securities belonging to him, which amounted to more than the sums due by him to them on account of the note; and that the defenders signed the renewal, and the pursuers retained the securities in their hands as specially hypothecated for that purpose. The record was closed to-day, and the case sent to the Procedure Roll.
The Scotsman
13th July, 1887