Ann McTavish first cousin, three times removed,  the daughter of Archibald McTavish and Catherine McLean married at Oban on the 14 May 1863 fisherman Dugald McKenzie, Minister Charles Whyte of the Independent Church officiated.

I believe Dugald’s family have ties to the Parish of Kilmore & Kilbride dating back to the 1790’s, the estimated birth year of his father, possibly even longer. Donald McKenzie and Dugald’s mother, Margaret Whyte married 1813 at Oban.  Whether there is a connection to Charles Whyte the Minister is indeterminable Margaret’s death occurring sometime between the 1851 census and before 1855, the beginning of civil registration in Scotland.

Ann first married in 1857 to David Miller a Tailor and Bugler in the Argyll & Bute Rifles.  During the Crimean War, Oban was the headquarters for the Rifles “called out under the Marquis of Breadalbane by royal warrant.  In 1861 the regiment changed to an artillery force; and in 1863, when the Duke of Argyll became lord-lieutenant of the county, despite a petition by the Oban magistrates, its headquarters relocated to Campbelltown”. (http://www.scottish-places.info/towns/townhistory552.html).  On census night 1861 the couple with daughter Margaret were enumerated at the Militia Barracks, Oban.

This article found on the British Newspaper Archive gives a little insight into Dugald’s personality.  I haven’t decided whether he was a very stubborn man or oppositional.

The Oban Times, Saturday June 14, 1879 – Monday:

OBAN EJECTMENT SNIP 1An ejectment case of much public interest was heard before the Burgh Court of Oban this week – Bailies McIntyre and Menzies on the bench. The case excited more than usual interest – it being the first civil case tried before the Burgh Magistrates.

The action brought by Dugald Campbell, Shoemaker of High Street, Oban pursuer against Dugald MacKenzie, Fisherman also of High Street, Oban.

The pursuer petitioned the Court for power to eject McKenzie from the home he occupied in High Street for which Campbell is the factor on the ground that he had been duly warned out of the house in March last but that he had refused to remove and was still in illegal possession of the house.

The Defendant pleaded that:

  • the pursuer had let him the house till Whitsunday 1880; and
  • the Burgh Court had no jurisdiction, Oban not being a royal burgh.

The Pursuer held that:

  • the Court had jurisdiction as Oban was a Burgh of Barony which has same jurisdiction in such case as a Royal Burgh and further, the Court had jurisdiction under the General Police Act of 1862; and
  • the allegation on the merits made in defence was not a competent defence.

The Magistrates made avizandum of the case on Monday, when it first came before them and appointed the parties agents to attend next day (Tuesday) at 11 o’clock.  Mr MacArthur for Campbell; Mr Wilson of Nicol & Wilson for McKenzie and Mr Lawrence, Town Clerk as assessor to the Court.

OBAN EJECTMENT SNIP 2Tuesday: The Magistrates repelled the objection as to jurisdiction and McKenzie having offered to verify his defence on its merits, the case went to proof, the first witness being the Defendant.

Dugald McKenzie testified to having a conversation last March about taking the house for another year at an advanced rent.

Campbell replied that he had received a higher offer for the property and following a conversation to this effect, McKenzie was warned out of the house, although he (Dugald) understood that he had taken the house for another year, from what passed between the parties.

On the term day Dugald took his furniture out of the house but in his absence his wife put it back again on the advice of Mr Hodge Wilson, solicitor. The Defendant’s daughter gave similar evidence as to the putting out and taking in of the furniture.

The Court adjourned until Wednesday.

OBAN EJECTMENT SNIP 3Wednesday: Mr Wilson acting for the Defendant addressed the court saying that he and the agent for the pursuer, Mr MacArthur had agreed – Campbell would find a house for the Defendant for a month rent free allowing him time to look for another house.  He hoped their Honours would try to persuade McKenzie to agree to this arrangement.

Bailie McIntyre addressing Dugald in Gaelic explained that he could not do better than accept the offer. Bailie Menzies also urged acceptance of the offer.

OBAN EJECTMENT SNIP 4Dugald refused, stating that he would leave the house but not enter the one offered. This being held as abandoning the defence, the following decree was made:

“The Magistrates grant warrant, after a charge of 48 hours to officers of court to summarily eject Dugald McKenzie, his wife, bairns and others, his dependents (print blurry) from the premises mentioned in the petition and find the said Dugald McKenzie liable to the petitioners in the modified sum of £1 sterling of expenses and decerns”.

The 1881 census has the family living at 2 Burnside Street.  A few months earlier Ann had given birth to son John.  Sadly he passed away in July 1884, his death certificate revealing the cause of death unknown, no medical attendant and a new address of 2 Soldiers Park, Oban.

Undiscoverable in Ancestry’s 1891 census transcriptions, it is possible Dugald is deceased and Ann and children are lodging with relatives or friends.

Twenty-three year old son Dugald’s 1895 death certificate gives his residence as 7 Hill Street.  This time there was a medical attendant, the cause of death certified as phthisis and pneumonia for three days, friend and cousin Donald McTavish of 15 High Street the informant.  Dugald Sr. noted as deceased.

And Hill Street is where I found Ann a year into the 20th century employed as a washerwoman with twenty-two year old daughter Ann and granddaughter, Dolina Miller child of Ann’s first born, Margaret Miller.

Ann died in 1914 age 74 at 8 Tweeddale Street, Oban.  I feel she had a hard life.

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