The birth of James Weldon (1849) has apparently been claimed by two women, sisters Mary and Margaret Hannah. I submit the following from the official records to document the story, and would be interested in others opinions as to where the truth may lie.
1816-17 Mary Hannah born (date inferred from 1851 census and age at death).
Speculative OPR Baptism 883/Twynholm P104 27th February 1815
Mary, daughter of William Hannah & (No mother’s name) Largs
The baptism would have taken place a few monthe before William and Margaret married.
29 Apr 1820 Margaret Hannah born Ayr (OPR 578/100 11 Ayr)
6 Jun 1841 Census Mary Hannah shown as age 20 with family. Due to rounding she could have been between 20-24 giving birth between 1817-1821. No mention of Margaret (at age 21 she could have been elsewhere). Census of Kilbirnie shows a Welding family including James (15) who could be the father of James jnr. By 1851 the family has vanished.
2 Jan 1843 (Image A, Image B, Image C, Image D) Mary Hannah appears before Ayr Kirk Session accusing Thomas Stewart (Sailor) of being guilty with her of fornication, he acknowledging the accusation. 3rd April 1843 Mary was absolved from the scandal without paying a fine “on account of her poverty”. Mary Ann Stewart born around this time but apparently unrecorded. Thomas Stewart never appeared.
12 Nov 1849 Birth James Weldon (son of James Weldon / Margt. Hannah Catholic OPR Dalry MP 53 1 1 1 16) shown as “lawful” birth, born in Kilbirnie baptised 19 Nov 1849. No marriage has been found in Ayrshire (1845-1855)
30 Mar 1851 Census Mary shown as 35 yo daughter (of Margaret Lees, father William is now deceased), James Welding shown as 16 mo grandson. No mention of Margaret. No rounding in 1851 so (if accurate) Mary’s birth year would be circa. 1816. Interesting that Mary is shown 15 years older than in the 1841 census, so rounding down was probably applied giving her 1841 birth year at the lower end circa. 1817. Mary Ann Stewart shown as 9 yo granddaughter (of Margaret Lees).
James Weldon / Welding etc. (the father) not found in Kilbirnie or anywhere else in Ayrshire.
11 Nov 1851 (Image A, Image B) Mary Hannay obtains a Kilmarnock sheriff’s court judgement against James Weldon (Fireman Glengarnock Iron Mill Kilbirnie) in absentia for payment of aliment of his child.
2 Jan 1854 (Image A, Image B) Mary Hannah appears before Ayr Kirk Session and accuses James Weldon of being guilty with her of fornication. On a subsequent session she again appeared and produced an Extract Decree of the judgement against James Weldon for “the aliment of his child”. James Weldon never summoned to appear.
29 May 1854 James “Hannah” baptised in Church of Scotland (OPR 578/110 257 Ayr) recorded as “natural” son of Mary Hannah, born 12 Nov 1849. No father is shown.
11 Dec 1854 James Weldon dies, Sandgate St aged 5. Cause of death probably tuberculosis.
25 Nov 1855 Mary Hannah dies age 39 (Stat Reg 578/1/497 Ayr) cause long term phythisis (tuberculosis), witnessed by nephew John Cooper.
6 Jun 1873 Mary Ann Stewart marries Robert Shannan in Ayr. Mary’s parents are recorded as Mary Stewart decd. (m.s. Hannah) and James Stewart (Farm servant decd.)
The big question is: Are Margaret and Mary the same person?
My objections to this being true are:
1) The apparent difference in birth dates;
2) Why would Mary be identified in 1841 census and 1843 birth of Mary Ann, and yet be known as Margaret in 1849 at the birth of James Weldon, then Mary again in the 1851 census?
3) Mary already has a daughter in Ayr, why would she then be found in Kilbirnie 25 miles away as Margaret, then back in Ayr for the census with a 16 month old son.
4) Mary and Margaret are normally not interchangeable names (unlike e.g. Elizabeth and Isabella). Where they are interpreted that way it is usually because the abbreviation Margt. in an original document is incorrectly transcribed as Mary. Not so in this instance.
Supporting the argument:
1) No birth OPR entry for Mary. As the first child it would seem reasonable to have one.
2) No death or marriage entries for Margaret so far.
3) Margaret not identified in any census so far.
4) Margaret possibly died between 1849 and 1851 otherwise she would surely be shown in the 1851 census with her son James. Only Mary is shown.
5) Margaret is not shown on the family headstone. Mary is mentioned.
So dear reader… What do you think? Please let me know by “return all” email or via the site contact page.
Bruce Hannah (May 2022)
For those that have made it so far…
Rough transcript of Court Judgment as follows:
At Kilmarnock the Twenty ninth day of Nov Eighteen hundred and fifty one years sitting in judgement Benjamin Robert Bell Esq Advocate xx in an ordinary action raised before the sheriff court of said county at the instance of Poor Mary Hannay residing at Number xx Sandgate Street Ayr Pursuer against James Welden Fireman Glengarnook Iron mill Kilbirnie Defender the said sheriff substitute in absence Diserned and Ordained xxxx hereby Diserns and Ordains the said James Welden Defender to make payment to the said Mary Hannay Pursuer of the sum of one pound ten shillings stirling being the onlying(?) Expenses Attending the birth of a male illegitimate child brought forth by the said Mary Hannay Pursuer upon the Twelth day of November Eighteen hundred and forty nine of which the said James Welden Defender is the father.
Item of the legal interest thereof from and since the twelth day of November and in the time coming till paid but always with and under xxxx of the sum of six shillings sterling being the value of the goods furnished by the Defender to the Pursuer as mentioned in said action and of the interest corresponding thereto.
Item of the sum of Five pounds sterling yearly of Aliment for said child payable quarterly and per advance from the date and until the child attain the age of fourteen years complete.
Item of the legal interest in each quarter aliment from and after the same became or may become due and till paid.
Item the sum of One pound nineteen shillings sterling of taxed expenses of process.
Item the sum of six shillings sterling farther the dues of Extracting this decree and recording the sums.
Signed Nov. 1851.
Notes on the 1841 Census (From Scotlands People)
The 1841 census (6 June 1841) is the earliest to provide details for the whole population. It contains less information than later censuses but is a helpful reference point for research in the Old Parish Registers. The main points to note are that:
You will find the name and occupation of each person but not their marital status
Head of household (and thus relationship to the head of household) are not recorded
Ages are rounded down to the nearest five for anyone over 15 years of age although this instruction wasn’t always followed as illustrated in the example below
Information about place of birth is less helpful than in later censuses and is given as:
yes if the person was born in the county
no if born elsewhere in Scotland
E if born in England
I if born in Ireland
F if foreign born
soldiers and sailors who were ashore were enumerated at their place of residence






