The Times 1811 - 1820 Westmorland Assizes, September 4, 1819

Westmorland Assizes, September 4, 1819

THE TIMES, Saturday, September 4, 1819 WESTMORLAND ASSIZES. APPLEBY, Monday, August 30. JAMES HUMPHREYS, aged 23, was charged with putting JAMES DEMPSTER in bodily fear, and taking from his pocket a pocket-book containing about 20 l. in provincial notes. JAMES DEMPSTER (a large, good-natured, and simple-looking man), teadealer and draper at Lancaster, constantly travels the country for selling his goods.  On Monday last, May 23, in the evening, he met MR. HARRISON, whom he knew very well, at the Spread Eagle in Kirkby-Thore.  He changed a five guinea note for HARRISON.  He left the house at 10, having put the five guinea note into his pocket-book, with other notes, and went on the road to Temple-Sowerby. When he had gone about three quarters of a mile he overtook HARRISON and three persons, whom he believed to be his men.  After he had walked with them 200 yards, a man came on each side of him, and jostled him up against the gate. He asked what they wanted;  did they want to rob him ?  and he called out to HARRISON that they were robbing him.  They had got under his arms, and when they had left him, he found that his pocket-book was gone.  HARRISON came to him and said, upon searching him, that indeed the pocket-book was gone. The two men stood upon the turnpike.  They said it was all nonsense;  if he was robbed, he robbed himself.  HARRISON proposed to go back, and the two men said they were certain they could find it.  He went back to satisfy them.  He believes the prisoner was one of them. BY THE COURT. - He felt at the gate their hands, taking his pocket-book. WILLIAM HARRISON, a joiner and cabinet-maker, at Temple Sowerby, knows the prosecutor, and remembers being at Simpson's;  three of his men were in the kitchen, STEPHENSON,  WISEMAN,  and  HUMPHREYS.  He got change from the prosecutor for a Whitehaven 5 guinea note.  He and STEPHENSON left at half-past 10;  WISEMAN and HUMPHREYS came next, and the prosecutor overtook them.  They waited for him, for they knew he was going to Temple-Sowerby.  The prosecutor fell down beside a hedge, and they turned back and helped him up.  When they had helped him up, they tried to keep him up, for he was so weak in his knee-joints, that he could not stand  :  he was very tipsy indeed;  he then said, "HARRISON, I am robbed; grope (search) my pockets."  Witness did search, and found no pocket-book.  Before the magistrates next day, a 5 guinea Whitehaven note was put into the hands of witness;  it was very like the one he had changed;  he believes it was the same note;  there were figures upon the back of it;  the prisoner came to him on the 21st of April, and had no money then;  he boarded, and lodged in his house;  witness had given him 18s., and 3s of that the evening in question. FRANCES NEWTON, whose husband keeps an inn at Bondgate, Appleby (and who now stated that the prisoner came to his house some time in May, and in paying for a glass of rum and water, asked change for a 5-guinea note in order to pay for a glass of rum.  She believes she put it by in her pocket. JAMES BEWSHER, the gaoler, was present at part of the first examination.  At the second examination before the magistrates, on the 27th May, the note now produced was exhibited.  He got it from NEWTON, and had it since.  He searched the prisoner on the 24th, and found five 1 l. notes, one guinea note, and 1 l. 18s. in silver. Cross-examined.  The prisoner behaved in the best manner.  Witness has had money sent from prisoner's father, who lives in the neighbourhood of Durham, who appeared to be in good circumstances. JOHN NEWTON, recalled, said, the prisoner was at his house between 12 and 1.  He was in custody about half an hour afterwards.  He is quite sure the prisoner is the person.  Five small notes and 4s. 8d. were given to the prisoner in change. HARRISON has no doubt that it is the note he gave to DEMPSTER, but cannot swear to it.  It was a five-guinea Whitehaven note, and had marks on it like the note produced.  Appleby is 6 and a half miles from Temple Sowerby.  HUMPHREYS had told one of witness's men that he was going to Kirkby Stephen, to get some clothes loosed (taken out of pawn).  He had then got only 18s. from him, and 18s. more were then due to him. Mr. Justice BAYLEY said, it was clear they must acquit him of the capital charge of highway robbery.  It was their province to say whether he was guilty of taking from the person, or simply of taking.  If he had even got the pocket-book upon the road, and meant to appropriate it, that was theft, and he was guilty of taking. ....NOT GUILTY. MR. WILKINSON applied for the 5 l. to be given to the prosecutor. Mr. Justice BAYLEY said, he could not order it;  and added, the prosecutor himself produced this;  he may be said to have created an offence.  Gentlemen of the Jury, if you had found the prisoner guilty, I should have passed a very light punishment.  HIS LORDSHIP then asked HARRISON if he would take him back to his service, and upon being answered in the affirmative, ordered the prisoner to be discharged. ________________________________________________________ APPLEBY, Monday, August 30. WILLIAM WEST, aged 25, a hawker's son, convicted of stealing goods from a hawker to the value of 40 l., was sentenced to transportation for 7 years.  The prisoner had taken the goods from a dwelling-house in High Bentham, in Yorkshire, and was apprerhended at Shap, in this county.  Had he been tried in York, it would have been a capital charge. The bill against JOHN WHITE, for rape, was ignored. NISI PRIUS. There are five causes entered (O fortunatos nimium ! sua si bona norint.)  Of these, four have special juries. SEDUCTION. DOCKER V. SLACK The novelty of any action of this kind in Appleby, and the peculiar spicery of this action, had collected an immense crowd to hear this cause.  Every ingenious device had been practised to get well-dressed ladies and curious gentlemen accommodated, when, alas !!  a verdict was taken for the plaintiff without even a preface to the tale.  Damages 150 l. - no costs. ________________________________________________________

 

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