24-27 Feb 1837 Carlisle Spring Assizes/Crown Side/Northern Circuit - Cumberland and Westmorland Newspaper Transcriptions

24-27 Feb 1837 Carlisle Spring Assizes/Crown Side/Northern Circuit

CARLISLE, TUESDAY, FEB. 21.

The assizes for the county of Cumberland commenced at this place to-day. The
learned judges arrived about 10 o'clock from Appleby, and immediately opened the
commission. They then attended divine service in the cathedral, and afterwards
Mr. Baron ALDERSON proceeded to the Crown Court and disposed of three minor
offences.

John PATTISON, a good-looking young man of about 18 years of age, pleaded guilty
to an indictment for stealing a watch from the shop of Mr. John BLAYLOCK, in
Carlisle, on the 23d of January last. It appeared from the deposition of the
prosecutor, who was examined by the judge, that the prisoner had been employed
at the gas-works in this town, and lodged with him. The prosecutor's shop was
not at his dwelling-house, but the prisoner went there two or three times a-day,
and took the opportunity to steal a watch, worth 10 guineas, from the window.

The prisoner said he had witnesses to his character, who would not arrive till
to-morrow, when

The learned JUDGE said he would postpone passing sentence till he had heard
them.

Barbara LENNOX was indicted for stealing a cap and a pocket handkerchief, the
property of John TODD, of Wigton, in this county.

Mr. FAWCETT was proceeding to state the case to the jury, when his Lordship
asked if the prisoner was defended, and it appearing that she was not, he said
if the jury could have a speech on one side only, he thought it better that
there should not be any, and directed the witnesses to be called in the first
instance.

The prosecutor stated, that he lived at Wigton, but had a farm at Oulton, a
short distance from Wigton, where the prisoner lived in his service. She asked
permission to leave the service on the 2d of February last, to which he
assented. On the morning of that day she came to Wigton to receive the portion
of wages due to her. The prosecutor then told her that things had been lost, and
wished her box to be searched, and sent for a constable, who went to Oulton and
brought the box. On its being opened several articles were discovered. Mrs.
TODD, the wife of the prosecutor, identified the cap and handkerchief, but could
not swear positively to any of the other articles.

The jury found the prisoner Guilty, and the prosecutor recommended her to the
mercy of the Court.

His LORDSHIP, after giving her some wholesome advice, sentenced her to be
imprisoned for four months.

Thomas KIRKPATRICK was indicted for stealing a sithe, on the 23d of June last,
the property of Robert MESSENGER, of Kelsick. Mr. RAWLINSON conducted the
prosecution. The prisoner was undefended.

It appeared that the blade of the sithe was found on the prisoner a few days
after it was lost. The learned judge suggested, that there being no handle, but
only a blade, the indictment was wrong; however, two witnesses, on being
questioned on that point, said it was a sithe as it was stolen. His Lordship
left that question, as well as the question of theft, to the jury, and they
found that the article was a sithe, and that the prisoner stole it. His Lordship
observed, that if they had found it was not in that state a sithe, it would not
in effect have altered the case; he should in that case have directed another
indictment to have been preferred. The prisoner was sentenced to be imprisoned
for four calendar months.

Nothing was done on the civil side, none of the parties being ready, as it was
not expected that the Courts would sit for business to-day.

CARLISLE, WEDNESDAY, FEB. 22.

CROWN SIDE.

Mr. Baron ALDERSON took his seat this morning, in the Crown Court, at 9 o'clock,
and immediately proceeded to business.

William WILLIAMSON, a lad of 17 years of age, was put to the bar, charged with
having stolen and carried away from on board a certain ship, called the
"Fawcett," at Workington, a string of cornelian beads, a cornelian brooch stone,
and 10s. in silver, the property of William GRAHAM.

It appeared from the evidence of Mrs. GRAHAM, that she had been to Liverpool to
take leave of her husband, who was gone on a voyage to America; and after he
sailed, took her passage on board the ship Fawcett from Liverpool to Workington,
in the county of Cumberland, where she lived. She was so ill from the effects of
the voyage, that on leaving the ship she was not able to take her luggage with
her, but sent for it on the following day. When it arrived she discovered that a
small box had been broken open, and the articles stated in the indictment
abstracted. The constable being informed of the robbery, shortly discovered that
the brooch-stone had been exchanged by a girl named MELICAN for bread. This girl
deposed that the prisoner gave her the cornelian on the 7th February, about
three days after it was lost, and another girl also deposed to the prisoner
having given her the beads on the same evening.

The Jury, without hesitation, found him Guilty, and the learned Judge sentenced
him to be imprisoned and kept to hard labour for six months.

Ann HUTCHINSON was indicted for stealing several articles at Brampton, the
property of William CARRICK.

Mr. KNOWLES conducted the prosecution. The prisoner was undefended.

It appeared from the evidence of Mr. CARRICK, who is an attorney at Brampton, in
this county, that having lost several articles, on the 31st of January last he
summoned all the servants, told them that several things had been missed, and
that he thought it the fairest way to them all that their boxes should be
searched, that the guilty party might be discovered, and that the innocent might
be discharged from all suspicion. This was done, and in the prisoner's box was
found a quantity of tea tied up in the sleeve of a gown, some starch in a piece
of cotton, a thimble, a silk band, and other articles. The thimble and the band
were satisfactorily identified by Mrs. CARRICK. The jury, without hesitation,
found the prisoner Guilty, and she was sentenced to 18 months' imprisonment,
with hard labour.

Thomas HOW was indicted for having, on the 15th of the present month,
feloniously stolen amd carried away a piece of beef, the property of George
WHITE, of Harley-Brow, in this county.

Mr. RAWLINSON conducted the prosecution, and Mr. RAMSHAY the defence.

It appeared from the evidence of a man named POSTLETHWAITE, who was a
horsebreaker, that on the day of the theft there was a sale at the Cock Inn,
Cock-bridge, and on the evening of that day the prosecutor put the beef in
question into the milk-house. The prisoner went in and fetched it out, and
placed it on a heap of stones on the road-side. POSTLETHWAITE informed his
master of this, and himself and another man were set to watch. Shortly after the
prisoner went and took the beef away.

Mr. RAMSHAY addressed the jury on the prisoner's behalf, and contended that the
whole case depended on the evidence of the witness POSTLETHWAITE, who was a man
not to be believed.

The learned JUDGE told the jury that he saw no reason why POSTLETHWAITE should
not be believed, and the jury found the prisoner Guilty. He was sentenced to one
year's imprisonment, with hard labour.

Jacob HOWE was indicted for the manslaughter of John HAMILTON, at Keswick, on
the 30th of September last.

Mr. RAMSHAY conducted the prosecution, and Sir G. LEWIS the defence.

It appeared that the prisoner and the deceased were drinking at a public-house,
and a quarrel arose, which ended in blows between them. The prisoner was knocked
down twice, and the deceased three times, after which they were parted. The
deceased complained of being sick, and was taken home. He gradually grew worse,
and died on the 3d of October. His medical attendant stated that he died from
mortification arising from inflammation of the chest, but what was the cause of
the inflammation he could not tell. It not appearing that the death was
occasioned by the violence he received at the hands of the prisoner, the Judge
directed an acquittal, but cautioned the prisoner against such conduct in
future, saying that almost all crime of violence tried in courts of justice
arose out of drunken frays in public-houses.

Joseph SPARK was tried for a rape on the body of Hannah SMITH, on the 22d of
October last, at the parish of Alston, in this county, and acquitted.

Mr. KNOWLES conducted the prosecution, and Sir Gregory LEWIS the defence.

Mr. Justice PATTESON took causes on the civil side, but nothing of public
interest occurred.

CARLISLE, THURSDAY, FEB. 23.

CROWN SIDE. - (Before Mr. Baron ALDERSON.)

Robert HETHERINGTON (who yesterday pleaded guilty to a charge of horse-stealing)
was put to the bar to take his trial upon an indictment which charged him with
having, on the 2d of June last, unlawfully, maliciously, and feloniously
stabbed, cut, and wounded Joseph ATKINSON, of Warble-bank, in the parish of
Westward, in this county, with intent to kill and murder him. Other counts in
the indictment laid the offence to have been committed with intent to disable,
disfigure, and to do some grievous bodily harm.

Sir G. LEWIN, assisted by Mr. KNOWLES, appeared on the part of the prosecution.
The prisoner was without counsel.

The learned JUDGE said, as it was a capital felony, it would be more
satisfactory if the prisoner was defended by counsel, and the prisoner
expressing a wish to that effect, the learned Judge requested Mr. MATTHEWS to
undertake the defence.

Sir G. LEWIN shortly stated the case to the jury, and proceeded to call the
witnesses.

Joseph ATKINSON, examined by Mr. KNOWLES, deposed, that he keeps a public-house
at Warble-bank. The family consisted of himself, his wife, and daughter. On the
1st of June last they went to bed between 10 and 11 o'clock. After some time
some one knocked at the door and called "Joe," "Joe ATKINSON." He put up the
window and asked who was there? A man said "It's I; if you saw me you'd know me.
Can I stop all night?" Prosecutor put down the window, slipped on a few clothes,
went down stairs, lighted a candle, and unbolted the door. The man came to the
fire-side and sat down and asked prosecutor if he did not know him. Prosecutor
said "No; are you Andrew NIXON's son?" He said "No; you must know me, I lived in
this neighbourhood with DAVISON, of the Heads." He asked for a pint of ale, and
it was got. He said he intended to have gone to Cork-bridge, but had been thrown
late. He was going there to look after some draining; they gave a better price
for it than where he had been working, at Caldbeck and Sedberghen [sic]. He
drank the ale, and in 20 minutes or half-an-hour prosecutor asked him to go to
bed. He agreed, and followed prosecutor up stairs through the room in which he
and his wife slept to another room, where he was shown his bed and a candle left
with him. The prosecutor then retired to rest, and slept. About midnight he was
awakened by something at his throat, and was prevented from rising by a sense of
strangulation. It was nearly dark. He then found a stab in his breast and a cut
across his throat. He attempted to rise, and the struggle awoke his wife. She
looked up and said, "In the name of goodness, have you let in a man to murder
us?" Prosecutor put out his left arm and seized the man by the breast, saying,
"Are you the villain I let in?" The man struck him violently several times with
a sharp instrument. By this time the wife had got up and was going across the
bed, when the man attacked her. She called to her daughter, "Mary, Mary! rise
and go to Joe BORRODALE's." He was the next neighbour. The girl instantly ran
down stairs, and the man immediately followed her and went away. The prosecutor
got down stairs to the kitchen, where he fell and fainted from loss of blood.
When he seized the man by the breast a small part of the inside lining of the
right side of his coat was left in the hand of the prosecutor. When he went to
bed he fastened the door, so that nobody could have come in afterwards. While
down stairs he noticed the dress of the man. He had on a fustian coat with two
rows of three large white bone buttons at the back, and a fustian waistcoat
rather faded, but was not certain if he wore trousers or breeches. He complained
of gravel in his shoe when down stairs, and put it out. Prosecutor had never
seen the man before, nor saw him again till the 3d of September, three months
after. He was then in custody, but had not the same dress on. The prisoner is
the man who was let in on the night when the mischief was done.

The witness was cross-examined by Mr. MATTHEWS as to the identity of the
prisoner, but nothing material was elicited beyond what appeared in the
examination in chief.

Dinah ATKINSON deposed, that she was the wife of the last witness. Remembered
seeing the man pass through the room on the night of the 1st of June, and saw
his side face, but could not tell him again. She was awakened by her husband
struggling, and got a cut across the chin. When he quitted her, after her
daughter went down stairs, she followed and saw a man go out with a fustian coat
and white buttons at the back. A few minutes after, she went to the room where
the man was shown to sleep in. Nobody was there. The bed had not been used, but
somebody appeared to have lain across one corner of it. No property was taken
away, nor any other damage done but to themselves.

Mary MAIN, daughter of the last witness, rose in the night at the call of her
mother, and ran down stairs to go to Joe BORRODALE's. She returned instantly,
and went to the man's room. He was gone. She was not absent two minutes.

Robert BROWN, the constable, went to Barron-hill, to a cottage which was shown
to him as the prisoner's, on the 18th of June. It was locked. He broke it open,
and among other things found a fustian coat with large white bone buttons, and a
tartan waistcoat, now produced. There was no lining in the coat, but had been.
It was torn out. Part of a flannel lining of a coat was found up stairs. He
thought the part missing corresponded with the piece which the prisoner had left
in prosecutor's hand after the struggle on the night of the 1st of June. There
was a rusty knife in the waistcoat pocket. The point appeared to have been
dipped in something red. He did not go to the cottage on account of this
offence, but to apprehend the prisoner for horse-stealing.

John CLARK. - Lives at Barron-hill. Has known the prisoner two years, and had
seen the prisoner wear the coat and waistcoat produced. They were part of his
usual dress. He went away on the 10th of June.

Benjamin SLEIGH, keeper of the House of Correction at Penrith. - Apprehended the
prisoner at Long Waptley, six miles from Penrith, on the 31st of August. He was
shearing with a Mr. WATSON. The charge then was horse-stealing.

Robert NIXON, surgeon, examined the wounds of ATKINSON, several of which were of
a dangerous character.

The examination of the prisoner before the magistrates was put in and read, in
which he acknowledged the coat and waistcoat produced to be his.

Mr. MATTHEWS addressed the jury at some length, contending that the proof of
identity was not sufficient to convict a man of a crime for which his life would
be forfeited.

The learned JUDGE summed up the evidence very carefully, pointing out to the
jury the circumstances calculated to guide them to a right decision. After
retiring for about half an hour, they returned with a verdict of Guilty.

The learned JUDGE then proceeded to pass the awful sentence of the law upon the
prisoner in the most solemn and impressive manner, telling the prisoner that he
could give him no hope in this world, and earnestly besought him to look for
mercy in a future world before it was too late.

The court was crowded to excess.

Nothing of interest occurred on the civil side, and the business of both courts
is concluded.