The Times 1811 - 1820 Aug 12 1818 Carlisle Assizes #3 - Civil Side - Dockeray v. Turner

Aug 12 1818 Carlisle Assizes #3 - Civil Side - Dockeray v. Turner

The Times, Wednesday, Aug 12, 1818; pg. 3; Issue 10433; col B                               CUMBERLAND ASSIZES.                                           --------------                         CARLISLE, SATURDAY, AUG. 8.                                           CIVIL SIDE. Mr. Justice BAYLEY came into Court precisely at 9. The first cause on the list was the most interesting of the day.                                DOCKERAY V. TURNER. The plaintiff, James DOCKERAY the elder, had in 1814 apprenticed his son, James DOCKERAY the younger, for 7 years, to the defendant, an ironmonger in Whitehaven. Last January the son returned to his father's house in Carlisle, carrying with him his indenture, and a letter from the defendant to this effect: - "Dear Sir, - This will be delivered to you by your son, James, whom I have been induced to part with on account of the society he has fallen into. You know that some things were lately stolen from my shop-window; the police-men suspected James, not from any thing they saw on his part, but from the persons with whom he associated. I know that he is innocent of this charge. I have ordered him home whenever the shop is shut, but he never comes home till 9. This, though 9 be a very good hour, I cannot endure. I am convinced, and I believe James too is convinced, that it will be an advantage to him to be removed from the society he has formed here. I hope you will find him a situation in Carlisle, where he can make choice of better companions, &c." The indenture contained a penalty of 50L, but the present action was brought, not to recover the penalty, but to obtain damages for the loss arising from dismissal. James DOCKERAY the younger, examined by Mr. SCARLETT for the plaintiff, stated, that the shop was shut in summer at half-past 8, and in winter at 8. He was generally home at 9. He had been out one night till 10, and his master dismissed him. He ordered him to call for his indenture next day. He did so, but his master said he was busy, and desired him to call in the evening. He got it in the evening, and carried it and the letter to his father. Cross-examined by Mr. RAINE. - He denied that he had asked or consented to leave Mr. TURNER. He or his father, so far as he knew, never asked that he should be taken back. He had never been out but one night so late as 10 o'clock. Upon your oath, Sir, did you not come in as late as four in the morning? (After much hesitation,) Yes, once.  Mr. TURNER takes consignments from the West Indies? - Yes.  He keeps sample bottles of rum in his shop? - Yes.  Did you ever taste that rum? - No.  Never tasted it? - No.  What! Did you never lessen the quantity a drop? - I sometimes put a quill into a bottle of rum, and sucked a little up to ease a sore tooth. (A laugh.)  Now, will you swear that none of it ever went down your throat? - No, never.  Not a drop? - No. Mr. SCARLETT put in a letter from the defendant in answer to one from the plaintiff's attorney; it professed a readiness to meet the plaintiff in any action he might chose to bring. --- NIXON was called into the witness box. Mr. Justice BAYLEY. - Why do you call him? Mr. SCARLETT. - To show, my lord, that his associates were respectable. Mr. Justice BAYLEY. - The only question is, was he dismissed or not. You cannot call any witnesses to character, till his character is impeached. Mr. SCARLETT. - Then, my lord, that is my case.

 

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