At Michaelmass (October) 1837 a roup was held at Restotnach by William Craib.
There was considerable attendance, and a plentiful supply of free whisky, the roup carried on until the evening when its later stages were conducted by candle light.
Among the attendees were 2 local men John Stewart of Wester Clashmerloch tenant farmer and Francis Middleton of Shank of Benrinnes gamekeeper to Lord Fife and who had pursued Stewart because of his poaching.
At the close of business purchasers were called to the barn to pay for the implements and animals they had bought, and the above men between whom there had been bad blood for a considerable period clashed.
Middleton was asking Craib to hand out one final drink for the road to buyers settling their bills, when he saw Stewart reaching for a glass of whisky he ( Middleton) snatched it away saying “ ye’ve had mair than yer sairin already ye vratch”
Thereupon Stewart rounded on the gamekeeper and said he deserved a good beating for encouraging his bairns to “ ding doon my piles of peats winnin on the moss” He also blamed Middleton for driving cattle over his ground.
The 2 men went outside and came to blows, and a fight lasting some ten minutes ensued, despite efforts to separate them by onlookers. Stewart the stronger and younger of the 2 men had been sitting astride Middleton and holding him round the cravat with one hand and lunging at his head and face with the other.
When Stewart stopped struggling and appeared dead he was removed to the barn where he was given first aid and declared “a murdered corpse”
The cry arose “ Fars Stewart he’ll rue this nichts work” but by then he had disappeared.
A volunteer party set out for Clashmerloch to tell Stewart he had better give himself up , but the wanted man was not there.
Stewart had “cried in” at his dwelling in the early morning “ making up a birn o stuff.”
Taking his gun and ammunition and hurried off, remarking “ They say Middletons deid. They’ll tae lay’t at my door, but it wis his ain- unweelness that got him deid. Im awa ta ta”
Stewarts whereabouts were unknown for 5 months and as the winter was a severe one it was thought he had perished. However in April 1838 Stewart gave himself up to Major Stewart at Pittyvaich.
The poor man had been wandering about in the hills of Glenlivet , but being filled with remorse and well nigh famished he gave himself up.
In October Stewart appeared before Lords Mc Kenzie and Medwin at Aberdeen circuit court where he pleaded not guilty, saying he did not commit sufficient violence against Middleton to bring about his demise.
Witnesses gave the story of the quarrel at the roup. Several heard the prisoner say he could “ manage Middleton without a stick in his hands” and that he could or would “ send him to eternity”
As they wrested on the ground “ Middleton wis on tap” until Stewart got his “ stride legs “ over his body, part of Middleton’s muffler had “ Run into a tight knot round his throat”.
James Day auctioneer Dufftown stated that “ there wis ony quantity o drink at the roup, it had plenty willin tenants even young loons helpin awa with it”
No one was prepared to to say that Stewart was drunk.
Two farmers told how when they went to tell Mrs Middleton “ ye mans nae weel, hes gotten a mishanter at the roup” she immediately exclaimed “ Dae ye mean hes no commin hame ? Tell me is ma fear richt Has Jock Stewart killed him”?
Mrs. Middleton stated that her husband and Stewart had not been on speaking terms for 2 years and she had warned her husband not to give Stewart “ ony openin for a row”
After much discussion about what happened , and the prisoner explaining hat he had absconded in fright due to the grave consequences of his actions he said he had “ suffered sair in body and mind ever syne”.
It was agreed that the man would not have died but for the fight and Stewart was lectured on his conduct.
The judge said that the medical evidence pointed towards culpable homicide rather than murder.
After 3 minutes deliberation the jury gave a verdict of Culpable homicide and Stewart was sentenced to 18months in Banff goal.
Stewart expressed some surprise at the leniency of the sentence following Lord Medway’s speech of condemnation.

Today Restotnach is a ruin.