Feb 26 1845 - Assizes - Burglary trial - Cumberland and Westmorland Newspaper Transcriptions

Feb 26 1845 - Assizes - Burglary trial

The Times, 26 February 1845 (page 8, column D)

SPRING ASSIZES.

NORTHERN CIRCUIT.

CARLISLE, FEB. 24

(Before Mr. Justice COLTMAN.)

John GILLESPIE was indicted for burglary in the house of Joseph GRINDAL, at
Wigton, on the night of the 10th of December last.

Mr. FAWCETT conducted the prosecution; the prisoner was defended by Mr.
RAMSHAY.

Mr. FAWCETT stated the case, and called the following witnesses. -

Joseph GRINDAL stated, that he is engaged in business as a draper in Wigton,
and that on the night of the 10th of December last the house and shop were
fastened up in the usual manner. The witness slept up-stairs, in the same
room with his assistant, Joseph CHADWICK. About 2 o'clock he was awakened by
a noise below-stairs. He listened, but the noise had ceased. Being alarmed,
however, he awoke Joseph CHADWICK, and both went down stairs. On going to
the door leading out of the shop, he found it open. It had been fastened the
night before. Hearing a slight noise in the shop, he endeavoured to close
the door, but found that the lock was broken. He then saw a light for a
moment, but it was instantly extinguished, and some person came out of the
shop door. The witness caught him by the breast, but was instantly knocked
down. He was insensible for some seconds, and on coming to himself a little,
he found some one beating him on the head and face. He struck at the man,
and called for help. His assailant put his fingers into witness's mouth, and
nearly choked him. The witness caught the man by the ear, and the man let
him go, and made off along the passage towards the back-yard. The witness
pursued him, but lost sight of him, and returning along the passage, found a
blue cap, with something in it he supposed to be the lining, but which
proved to be a handkerchief. At the shop door, out of which the robbers had
come, were found a crowbar and a hat, and on the counter a dark-lantern. A
large quantity of goods had been taken from the drawers, and put up ready to
be taken away, but nothing apparently had been removed. The prosecutor was
severely cut on the lip and nose, apparently with some sharp instrument. The
wounds bled for several hours.

Joseph CHADWICK stated, that he went down with Mr. GRINDAL along the passage
to the back door of the shop. They found it open. Mr. GRINDAL directed the
witness to bring a light, and he went towards the kitchen for that purpose.
Looking back, however, and seeing a light in the shop. He returned, but the
light was instantly extinguished, and some men rushed out. One of them
passed him in the passage, and the witness felt he had a cloth cap. He ran
along the passage, and witness pursued him into the yard. He got over into
the yard of the Black Swan public-house adjoining, and witness followed,
calling for assistance. At this moment another man came up, and told the
witness if he did not hold his tongue, he would blow his brains out, and
both the men went off in the direction of a passage adjoining the Black
Swan-yard called Meeting-house-lane.

It appeared that about daybreak the following morning there was found a pair
of boots on a horse-stone in Meeting-house-lane. These were of rather
peculiar make. The right one was very much bent in the sole, and inside the
heel was a piece of cork so as to raise that part of the foot about an inch.
The prisoner is lame in the right foot, and wears usually a boot of a
similar construction. A shoemaker was also called who had mended a pair of
boots for the prisoner, and had put on the right boot a patch similar to
that appearing on the boot now produced. The heel was raised in the same
manner. The prisoner had been seen in Meeting-house-lane about two hours
before the robbery.

It appeared from the testimony of a police-officer of the name of
HETHERINGTON, that he had had the prisoner in custody some days before the
robbery; that he then searched him, and to the best opinion of the witness
the cap now produced was the one he then had on.

Mr. RAMSHAY address the jury for the defence.

His Lordship summed up. The jury immediately found the prisoner Guilty.

Transported for life.

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