Charles Innes, the founding partner of law firm Innes & Mackay, successfully secured a verdict of not guilty in the first documented legal victory for Highland crofters when he represented three men accused of participating in the Bernera Riot of 1874.
This legal triumph is considered the starting point of crofters’ resistance after the Highland clearances, eventually leading to the Napier Commission and land reform in Scotland. The involvement of Innes & Mackay in this case, which coincided with the establishment of the firm in the same year, has only recently been brought to light, thanks to trainee solicitor Amy Macleod.
“My family has lived on Bernera for several generations, and Charles Innes’ name is legendary on the island,” said Amy. “There’s even a housing scheme named after him.”
“But it was only recently, when researching the 150th anniversary of the riot, that I discovered that the Charles Innes I grew up hearing tales of was the same man that founded the law firm where I now work!”
Great Bernera – known simply as Bernera – is a small island off the coast of the Isle of Lewis, home to fewer than 300 residents. The landmark legal case stemmed from an eviction notice served to 57 crofters on the island by Sir James Matheson, then owner of Lewis, via the Chamberlain of Lewis, Donald Munro.
Amy explained: “Donald Munro was already an unpopular character on Bernera. So when his men served the eviction notices, the community was understandably outraged at losing their livelihoods.”
“Some crofters approached the men serving the notices as they returned to their boat on March 24, 1874, and during the encounter one of the officer’s oilskins was ripped.”
On 8 April, crofter Angus Macdonald was arrested while visiting Stornoway for his part in the incident. With Macdonald resisting arrest and subsequently taken to prison, the Riot Act was read as a large crowd gathered.
“When word of Angus Macdonald’s arrest reached Bernera,” continued Amy, “a group of croters marched 27 miles to Stornoway to demand an audience with Sir James Matheson to voice their protest.”
“Angus Macdonald, Norman Macaulay and Iain Macleod then received summonses to appear in court to be charged with the assault of Colin Maclennan, the Sheriff Officer who had served the eviction notices.”
“Charles Innes represented the three men on July 17 and 18 – holding his own against the prosecution until 10pm, when the judge delivered a verdict of not guilty.”
Norma Macleod, chairperson of Bernera Community Association, added: “The Bernera Riot is an important event not just in our community, but in Scottish history. It was the first chance crofters really had to stand up to the establishment following the Highland clearances, proving that there is strength in standing together against injustice.”
“We are looking forward to marking this historic event in September with a walk along the route taken by the crofters to Lewis, and are grateful to Innes & Mackay for their support in organising the event and helping to shine a light on this key moment in Scottish history.”
The Bernera Community Association and Bernera Museum is commemorating the 150th anniversary of the Bernera Riot with a 27-mile walk on 7 September 2024. The event is supported by Innes & Mackay. Following the walk, there will be a party at the Bernera Community Hall.
