By Fiona Grahame.

This is a true tale of a crime which took place in the parish of Deerness, Orkney, in the winter of 1762.

It was a time when people cultivated small strips of land but had large areas of commons where they could graze their cattle, sheep, pigs , and geese in the Spring and Summer. The form of runrig which evolved in Orkney was slightly different to that in Scotland. It was farming practice which had developed over the centuries by the people themselves.

Islanders lived in groups of houses called Townships. The strips of land were shared out amongst the people of the Townships who had tended these fields for centuries, the land passing from one generation to the next. Crucial in this form of community land sharing was the use of the Commons. These were uncultivated areas that each Township had. In the winter the livestock would be brought down from the Commons.

The crofters and small farmers of Orkney did not eat goose, or the meat of their livestock, as these were too expensive for ordinary folk. The tenanted farmers and crofters paid rent in kind, and geese were used for this purpose. Salted and smoked geese packed into barrels was a  valuable export as were their feathers – for writing quills, and bedding.

Exports of goose products  from Stromness 1792: 

• Feathers, 4,424 lb at 1s 2d the lb = £258 1 shilling 4d
• Salted geese 10 barrels at £1 13sh 4d the barrel £16 13 shillings 4d
• Smoked geese 240 at 1/- each = £12
• Pens  100,000 at 5/- 6d the thousands = £27 10 shillings

For geese, an important domesticated animal for  farms of all sizes, they were given nousts within the houses to pass in comfort in the winter months. 

Now to the crime to which our tale relates:

On the night, or early hours, of 17 November 1762, a person, or persons, entered the house of Robert Stove, Grindager, Deerness, and made off with two of his geese. When the crime was discovered in the morning, Robert got together some of his neighbours: James Stove, Skaill; and William Hood the Younger,Overstove. They set off immediately for the home of Oliver Irving at Quoypetty, their number one suspect, where he lived with his daughters. The Irvings had a bad name in the parish for petty theft. 

When they got to Quoypetty the remains of a goose could be plainly seen, and also the body of another goose bearing the mark of Robert Stove. 

Taking the body of the goose with him as evidence, Robert Stove set off for Kirkwall to alert the authorities to the crime. Not an easy task when roads were poor and this theft took place in November. 

Realising how bad this could be for them, Oliver Irving’s daughter, Marion, went to Robert Stove’s house and offered to pay double the value of the geese if only he would ‘not make any noise about it.’ A goose was valued then at between 1 shilling, and 1 shilling & tuppence. Robert Stove would have none of it, so angry he was that his house had been entered and two of his geese stolen and killed.

On 16 December 1762 Oliver Irving and his daughters, Marion and Isobel, were charged with Theft and Pickery. A warrant was issued by James Spence, Procurator Fiscal,  for their arrest to be brought to the Tolbooth in Kirkwall and face the charges : ‘to be punished with the pains of law to the terror of others.’ Their appearance at The Tolbooth was scheduled for 23 December 1762.

“In 1740, the Earl of Morton took the initiative to build the new town hall, now known as ‘The Tolbooth’ on the corner of Kirk Green and Palace Road.” – Kirkwall – from Norse Thing Site to Council Seat

When people were to be arrested groups of men were gathered together by the Sheriff Officer to apprehend the accused. In this case two Sheriff Officers were employed : Robert Callom and Robert Tait. Separate warrants were issued: one for Isobel Irving, and the other for Oliver and Marion Irving. 

Isobel ran off and hid before the warrant could be served and could not be found.  Oliver and Marion were served their warrant at the house of Quoypetty. 

On 23 December 1762 the case came before Sir Andrew Mitchell, Advocate Sheriff and Steward Depute of Orkney.  Oliver Irving said he was innocent of the charge, that he knew nothing of the theft, even though he was in his house at the time when the geese were killed and dressed. He laid all the blame on his daughters who he said ‘brought the geese to the house’, and in particular he named Isobel. 

Robert Stove had several witnesses to testify for him and against the Irvings:

• James Stove, Skaill
• Andrew Smith, Halley
• William Stove the younger, Overstove
• John Paplay, Hack
• Robert Skea, Aikerskaill
• Andrew Buchan, Nether Stove.

The case was adjourned until 30 December 1762, for Oliver Irving to find witnesses to come forward on his behalf. There were none. It was again adjourned till 11 January, 1763 where the final judgment was given, and Isobel could not hide out that long. 

Oliver Irving’s attempt to push all the blame on to his daughters was not believed. Isobel absconding from being served the warrant by the Sheriff Officer was seen to be an admonition of guilt. Marion pleading with Robert Stove to pay for the value of the geese was also evidence towards finding her guilty. All three were fined £10, a significant amount for anyone to have to pay, a salutary lesson for all those who would engage in Theft and Pickery. 

Note: the domesticated goose farmed by Orcadians no longer exists but is believed to be similar to the Shetland Goose:

Shetland geese are two thirds the size of standard geese and have beautiful pink beaks and legs. They are an auto sexing breed (ganders are white and geese grey). – Green Tree Farms

Mary Isbister,  of Trondra’s Burland Croft, breeds the Shetland Goose and with her husband Tommy was named People of the Year at the Slow Food awards in 2024.

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