The following article was published by Eddie McRorie on 11th May 2022 on the Johnstone History Facebook page and is reproduced here with his kind permission.

Provost William Weems (c.1837–1882), Johnstone

A foreword regarding William Weems’ father, John Weems, seems appropriate for any reader unfamiliar with this prominent Johnstone business.

John Weems (c.1805–1881) of J & W Weems operated The Perseverance Iron Works at No. 1 High Street, Johnstone. He was a tinsmith, engineer, plumber, and gasfitter. His business was well known not only in the town but as far afield as Russia, thanks to his inventive skill and quality workmanship.

John Weems held many patents, including those for the manufacture of hydraulic machinery for making lead pipes and block tin tubes, a tubular hot-air apparatus for drying stoves, self-acting furnace dampers, and steam traps. His expertise gained international recognition, including a commission from the Czar of Russia to install heating systems in both factories and palaces.

At the Great Exhibition of 1851, held at the Crystal Palace in London, John Weems was awarded a gold medal.

William Weems, John’s son, was born around 1837. He was educated in Johnstone and Paisley and gained a deep understanding of his father's business. He went on to study chemistry under Professor Penny of Glasgow and later joined his father in the firm, combining his scientific knowledge with his father’s technical genius.

Although William never married, he devoted significant energy to the wellbeing of his hometown. He was deeply involved in various initiatives aimed at improving the Burgh. He served on the Town Council for nearly 15 years, was twice elected a Baillie, and acted as Convenor for the Liberal Party during County elections. He was also a staunch supporter of the late Colonel Mure of Caldwell.

In addition to being a member of the School Board and a Justice of the Peace for the County, William was a trustee of Johnstone Parish Church. His final service to the town was in the role of Provost, a position he held until his untimely death in 1882 at the age of 45—only 14 months after the death of his father.

The Weems family had resided at Walkinshaw House. William’s mother, Agnes, continued to live there with the help of a servant..

Further research showed that a life insurance policy for £1,500 had been taken out by William Weems some months before his death, naming the company J & W Weems as beneficiary, specifically in the person of his partner, Alexander Wylie. The Standard Life Insurance Co. contested the claim and a court case followed. This was held on 5th March 1884 in the court of session, Inner House, Second division.

The facts of the case are lengthy and full of legal terminology, but the core issue is this: Standard Life Insurance Co. (SLI) refused to pay out the claim on William Weems’ death.

SLI maintained that William Weems had not been honest in his answers regarding his lifestyle and medical history when applying for the policy. Two of the key questions asked were:

1. “Are you temperate in your habits?”

2. “Have you always been so?”
   Answers: “(1) Temperate; (2) Yes.”

SLI argued that these answers were false. They alleged that Weems had a history of intemperance and that his health—and ultimately his death—were affected by his drinking habits. According to SLI, he had been under regular medical care from Dr. Colligan of Johnstone for health disturbances caused by alcohol.

SLI presented several witnesses who testified they had seen Weems intoxicated on multiple occasions—especially during parliamentary, municipal, and school board elections, in which he was deeply involved. One witness stated that Weems had to be taken home drunk in a cab after a Paisley School Board election. It was said that town councillors often adjourned to the pub after meetings, and on those occasions, Weems was sometimes intoxicated. One time, he even had to be escorted home by a policeman. Liquor was reportedly smelled on him in the council chamber—though one witness noted this had happened “perhaps twelve times in twelve years.” His colleagues and friends had occasionally discussed his drinking, and some had even tried to remonstrate with him, hoping his appointment as Provost of Johnstone would encourage him to steady himself.

In contrast, the pursuers (Alexander Wylie of J & W Weems) brought forward witnesses who had known Weems for many years and considered him a temperate man. They stated they would have gladly signed a declaration to that effect. While they admitted he sometimes drank at public events and that alcohol could occasionally be smelled on him, they attributed this more to his excitable personality and passionate debating style than to intemperance. It was noted that at times he abstained completely from alcohol, though at other times he resumed drinking.

The medical certificate of death, signed by Dr. Colligan, cited chronic hepatitis (inflammation of the liver) of four weeks' duration and congestion of the brain of four months’ duration as the cause of death. Notably, Dr. Colligan himself had died before the case came to court. There was a difference of medical opinion between SLI's doctor and Dr. Colligan.

Lord Fraser, in his summation, focused on the interpretation of the term temperate as used by Standard Life Insurance and what he considered a more commonly accepted understanding of the term. He stated that being temperate did not mean total abstinence from alcohol. Most people are regarded as sober despite moderate daily use of wine or spirits. Only when such use becomes excessive does one become intemperate. Even an occasional overindulgence does not necessarily prove dishonesty in claiming to be temperate.

Furthermore, one of SLI’s key witnesses—a police constable who had reportedly taken Weems home while drunk—had himself been twice warned for drunkenness on duty and had eventually been dismissed from the force for the same reason, casting doubt on his credibility.

Lord Fraser acknowledged that Weems was indeed a convivial man who at times drank to excess. However, he also noted that Weems carried out his daily responsibilities effectively and was held in high regard by his peers. In Fraser’s view, the fact that Weems was chosen as Provost of Johnstone by a community well aware of his habits was strong evidence against claims of dishonesty or habitual intemperance.

Lord Fraser further commented on the unfairness of a system where an insurance company might continue accepting premiums for twenty years, only to later deny payment by challenging the character of the deceased. He emphasized that unless there was evidence of deliberate fraud or clear dishonesty, such a position could not be supported.

In the absence of proven fraud, he agreed with the Lord Ordinary’s opinion and the observations made in its support.

Conclusion:
Legal language can be a minefield, but it appears the court ruled in favour of the pursuers, and Standard Life Insurance was required to pay out the £1,500. The judge could not condone the company’s attempt to tarnish the honesty and reputation of a respected businessman, town Baillie, Justice of the Peace, and Provost—especially on the subjective grounds of how one interprets the term temperate.