John Masterton (1826-1867)
Grocer, Lochee, Dundee
John Masterton, grocer and spirit dealer in Lochee, Dundee, almost fell foul of licensing laws in 1865, but his defence succeeded and the case was dismissed. Sadly, he didn't survive much longer and died at the relatively early age of 41, and the business was later managed by his wife, Isabella Paton. His son David, who appeared as a witness in the case, later became a head teacher.
Genealogy
John Masterton was the second of six children born to William Masterton, weaver, and Ann Walker, who had married (perhaps bigamously) in 1821 in Aberdeen. John Masterton belongs to the large group of Mastertons that flourished in the Forfar area. Fuller details of his extended family can be found at this link.
The Dundee Courier and Argus
OFFENCES AGAINST THE PUBLIC-HOUSES' ACT.- A Court was held on Saturday in the Police Court for the trial of offences under this Act. Bailie Ritchie presided, and Mr J. D. Grant, Procurator-Fiscal, prosecuted:-
1. John Masterton, grocer and spirit-dealer, High Street, Lochee, was charged with selling drink to be consumed on the premises on the 24th January last. A medical certificate was read, to the effect that he was unable to attend in consequence of his having a broken leg, and the case was continued for a month.
The Dundee Courier and Argus
Monday, 13 February, 1865
A Court was held in the Police Court, on Saturday forenoon, before Bailie Ower, for the trial of persons charged with a breach of the Public Houses' Act. The following cases were brought up :-
John Masterton, grocer and spirit-dealer, Lochee, was charged with having, on the 24th January, sold excisable liquor, to be consumed on his premises. He pled not guilty, and Mr Skinner, writer, appeared on his behalf.
Constable Forbes deponed that he was called to the shop of Masterton on the Tuesday, about five o'clock afternoon, by Masterton's son. When he went to the shop he found a man at the counter, who, he was told, had got drink and had not paid for it, and another man was keeping him in custody. The boy said that the man had asked for two half-gills of whisky, the first of which he paid for, but he was unable to pay for the second, as he had only a half-penny left. The boy said the man had drunk the whisky.
By Mr SKINNER - The boy did not say that, while he was turning round to look for a bottle, that the man snatched the whisky off the counter, and drank it.
By Mr GRANT - I have been on the Lochee beat for about two years, but can say little about the house.
By Mr SKINNER - Mr Masterton, as far as I know, is a respectable man. At the time this whisky was sold he was confined to the house, having a broken leg, and, in his absence, his sister and his son attended to the shop.
Constable Peter McPherson corroborated the evidence of Forbes.
Two witnesses were then examined for the defence - Margaret Paton and David Masterton, the latter of whom deponed that he gave the man the whisky. After putting down on the counter the measure containing the whisky, he turned round with the view of looking for a bottle, and, on coming again to the counter, he found the measure empty, and he supposed that the man had drunk the whisky. He did not give the man the whisky to drink on the premises.
The BAILIE said he thought that a conviction could hardly follow here. A man comes into the shop and asks for some whisky; and then, when the boy's back is turned, he drinks the whisky and attempts to get out of the shop. The boy, in calling the police, did only what was necesary; and he did not think that a conviction should be pressed for.
Mr GRANT said he did not press for a conviction. The accused was then dismissed.
The Dundee Courier and Argus
20 March, 1865