John LEARMONTH {M} [P381] = Margaret FAIRWEATHER {F} [P403]

John:

Born 10 Dec 1749, Lady, Sanday
Christened 24 Dec 1749, Lady, Sanday
Twin of Elisabeth. Christening witnessed by George Traill of Hobbister and Mrs Traill.
This is one of two John Learmonth's who could have married Margaret Fairweather. Have gone for this one because their first born was also named Archibald. John's father, Archibald Learmonth was also witness at the christening of daughter Elisabeth.
In the Orkney Archives Court Records SC11/5/1781, John Learmonth, Merchant in Sanday, did not appear when summoned to appear in the Tolbooth in Kirkwall on a charge of owing £24 - 1/1d from a bill dated 12 May 1775 from Messrs Anderson & Lothian, Merchants, Glasgow. £10 had been paid in 1777, but the rest was outstanding. As John failed to appear on 25 Oct 1781, this was taken as a confession of guilt, and the Sheriff discerned against him.

Margaret:

Died 17 Apr 1813, Kirkwall

Archibald {M} [P410] = Christian MILLER {F} [P721] > Family [F230]

Archibald:

Born 4 Nov 1771, Sanday
Christened 4 Nov 1771, Cross, Sanday
Christening witnessed by Archibald Learmonth and Anne Angus.
This Archibald must be regarded as being a bit of a rogue in the family.
In the Orkney Archives Court Records SC11/5/1799/13 Archibald was taken to task by David Geddess, Agent for the Hudson Bay Company in Stromness. Archibald was described as 'sometime residing in Kirkwall, now in the Island of Sanday'. Archibald had been engaged by David Geddess to go to Hudson Bay in the capacity as a taylor in their fleet, and was paid the sum of £4 - 5/- in advance. David Geddess required that Archibald implement his part of the agreement, or return the money with interest. Archibald was summoned to appear on 19 December 1799 at the Tolbooth in Kirkwall, but he failed to appear. This was taken as a confession of guilt, and the Sheriff discerned against him.
His next association with the law as seen in SC11/5/1814/26, was when in business as a Vintner in Kirkwall when he took James Murray, a farmer in Moodisdale, to court for not paying his bill for £4 - 1 / 7½d. Archibald won this case with expenses, as James Murray failed to appear to answer the charges. This was Archibald's only happy experience of a court case.
Archibald was described as a Shopkeeper in SC11/5/1815/122 which was a Summons for money owed to John Thain, Manager of a Tan Works in Thurso. Archibald has bought goods on three occasions from Mr Thain, getting a set period, five or six months to pay back the debts. In these records, a promise, handwritten and signed by Archibald, dated 22nd August to pay back the sum of £4 - 1 / 1½d within 5 months was given as evidence against him. In his defence, John Mitchell required that further proof be shown of the other debts incurred by Archibald, but John Thain implied to the court that Archibald was only taking advantage of the time factor involved with the remoteness of Orkney and the lengthy legal system. Archibald was nevertheless summoned to appear in the Tolbooth in Kirkwall on the 16th November 1815, where he was ordered to pay his dues, plus expenses.
Another Summons for money owed can be seen in SC11/5/1816/91, where James Weir, a Baker in Leith claimed that Archibald had bought goods from him over several years to the value of £24 -18 / 7d. Archibald was again summoned to appear in the Tolbooth on 16th May 1816, where the decision again went against him. This was possibly the debt from which Archibald never recovered, because he went bankrupt before his next court appearance in 1817.
The first part of this case SC11/5/1817/57 is incomplete, but the argument continued through the courts until 1822. The story here was that Archibald, having become bankrupt, decided to go to Edinburgh to get some goods to sell in Kirkwall. Not being too sure of Edinburgh, it appears he approached a businessman Alexander Watters, with whom it appears he had had some dealings with before. Archibald was looking to purchase some confectionary on credit, so Mr Watters took him along to meet Robert Butchard, who agreed to give him the credit he required, taking Mr Watters at his word to honour the debt if Archibald should fail to repay. Needless to say, Archibald did not repay the debt, and Mr Butchard went to Court in Edinburgh to claim his money from Mr Watters. This ended in Mr Watters, planning to take goods to Orkney on his six monthly visit, had his goods arrested on board the ship. Mr Watters had to pay the Captain the amount owed to Mr Butchard before his property was released so that he could continue on his journey.
This case continues with a summons for money owed in SC11/5/1818/32, with Mr Watters trying to claim the total of £5 - 9 / 2½d from Archibald. This seemed to be an extended case, with John Mitchell arguing point of law, rather than the moral issue, stretching out the legal aspects of the case. Archibald was however summoned to appear on 12th November 1818, and at that time he was still described as a Merchant, Kirkwall. The case again went against Archibald, but there are several additions in the Summons paper, giving various dated entries confirming the sentance passed. This looks as if Archibald, although found guilty, had not paid the money owed to Mr Watters.
This obviously continues, until SC11/5/1822/95, where Archibald, whose residence is now described as "Now Edinburgh", is again fount to be the guilty party, repeating that he should pay the money owed to Mr Watters.
From here, there are no further entries relating to Archibald, but it would be interesting so have a look in Edinburgh to see if there is a continuation of the battle.

John {M} [P411] = Christina GUNN {F} [P794] > Family [F248]

Married ?? Not Married
John:

Born 18 Feb 1773, Sanday
Christened 18 Feb 1773, Cross, Sanday
Died 15 Dec 1854, Kirkwall
Buried 18 Dec 1854, Kirkwall
Christening witnessed by Archibald Learmonth and Jean Peace.
In the Orkney Archives, Court Record SC11/5/1804/10, Malcolm Laing brought a Summons of Removal which was served on John who was at the time the Miller at Papdale Mill, Kirkwall.
This summons of removal was also served on James Croy and John Linklater who were also tenants in houses at Papdale.
The above continued in record SC11/5/1804/20, in which a summons was served on John by Sheriffs Officer James Petrie, to appear at the Tolbooth in Kirkwall on 4th April 1804.
There is no conclusion of the case recorded on the papers held in the records.

Christina:

A Christina Gunn was also found in the court records taking one William Watt to task, after bearing his child in 1802. She sued him for the costs of looking after his child.
This Christina could be the same person.

= Margaret MICHAEL {F} [P804] > Family [F250]

Married 23 Aug 1813, Kirkwall

Alexander {M} [P404]

Born 3 Jan 1776, Sanday
Christened 7 Jan 1776, Lady, Sanday

Elisabeth {F} [P405]

Born 21 Jan 1777, Sanday
Christened 22 Jan 1777, Lady, Sanday
Christening witnessed by Archibald Learmonth and M. Fairweather.

Alexander {M} [P406]

Born 27 Sep 1778, Sanday
Christened 28 Sep 1778, Lady, Sanday
Christening witnessed by Archibald Learmonth.

Alexander {M} [P407]

Born 12 Aug 1781, Sanday
Christened 2 Sep 1781, Lady, Sanday
Died 6 Oct 1796, Kirkwall

Mary {F} [P408] = Michael SUTHERLAND {M} [P705] > Family [F226]

Married 25 Sep 1812, Kirkwall
Mary:

Born 5 Sep 1783, Sanday
Christened 6 Sep 1783, Lady, Sanday
Died 17 Mar 1848, Kirkwall
Buried 20 Mar 1848, Kirkwall
Christening witnessed by John Learmonth and George Drever.
Her death and burial are recorded in the St Magnus Cathedral burial records.

Michael:

Born ?? ??? 1785, Orkney
Died ?? ??? <1848, Kirkwall
This could be the Michel Sutherland as mentioned in the I.G.I., born about 1785 in Orkney. His birth does not appear to have been recorded and no parents are listed. It does name a relative as being John Sutherland.
In his daughter Mary's birth records it states that he was in the 3rd Veteran Battalion, although he was in the 9th Veteran Battalion as recorded in his marriage records.
He died before his wife as she was a widow at the time of her death in 1848.

Janet {F} [P704]

Born ?? ??? 1791, Sanday
Died 3 Jan 1866, Back Street, Kirkwall
Buried 6 Jan 1866
Unmarried, died of old age.
Death registered by Margaret Sutherland, niece, which proves it was her sister Mary who married Michael Sutherland.
Her death and burial are also recorded in the St Magnus Cathedral death records.
In the Court Records held in the Orkney Archives SC11/5/1808/101, which relates to a Lawburrows, Robert Dishington (Wigmaker) complained about the behavior of Janet Learmonth, daughter of John Learmonth, Cartwheel wright, accusing her of insulting his house and family with scurrilous names and breaking the peace and alarming his whole household, calling out loud that it was her peats that they were taking in, demanding that they take them back. She claimed that her peats were of a mixed sandy colour, whereas their peats were of a different kind.
Robert Dishington went on in his letter to the Sherrif "Therefore it is necessary that the said Janet Learmonth to be put under caution of Labour. May it therefore please your Lordship to make Janet Learmonth behave peaceably and quietly, or be locked up in the Tolbooth."
The trial was set for 6th October 1808, where Janet was found guilty and fined 100 marks Scots to be paid within five days or be apprehended and incarcerated in the Tollbooth in Kirkwall.
She was also under caution to be of good behavior toward the Dishington family in the future, also her husband and bairns, although Janet died unmarried.
There is no indication as to whether she did pay the fine.

Thomas {M} [P409]

Born 10 Mar 1792, Sanday
Christened 19 Mar 1792, Lady, Sanday
Christened in front of the congregation.

Most, or all of this family appear to have moved into Kirkwall some time after the births of the family. Archibald, John and Mary were all married in Kirkwall and the third Alexander died in Kirkwall aged 15. Margaret Learmonth died in Kirkwall in 1813, must have been the mother, Margaret Fairweather.
This is almost confirmed by the fact that John was witness to the christenings of Archibald's first two children, Archibald was witness to Mary's marriage to Michael Sutherland, who was witness to John's marriage to Margaret Michael.
In the Court Records held in the Orkney Archives SC11/5/1808/88, a Summons on behalf of Margaret Liddle, lately residing in Kirkwall, now in Edinburgh, against John Learmonth, Cart Wright who owed her £ 1 - 13 /- for six months rent from Martinmas (11th November) 1804 to Whitsunday (15th May or first Sunday after) 1805. John was summoned to appear at the Tolbooth on 14th Jan 1808, but did not appear. The Sherrif Substitute took this as a confession of guilt, and discerned against him.