The Times 1851 - 1860 Feb 27 1856 Carlisle Spring Assizes

Feb 27 1856 Carlisle Spring Assizes

The Times, Wednesday, Feb 27, 1856; pg. 11; col D                             SPRING ASSIZES.                                ----------------                         NORTHERN CIRCUIT.                            CARLISLE, FEB. 25. Mr. Baron MARTIN and Mr. Justice WILLES arrived at this town on Saturday afternoon, and immediately opened the commission. The calendar contains the names of 24 prisoners, of whom 2 are charged with child murder, 1 with rape, 1 with bigamy, 1 with cutting and stabbing, 1 with burglary, and the rest with minor offences. The cause list contains an entry of 4 causes. Mr. Justice WILLES sat in the civil court, and was occupied all day in trying an action of trespass to try a right of road. The case was very uninteresting.          CROWN COURT. - (Before Mr. Baron MARTIN.) John ATKINSON, aged 24, was indicted for breaking and entering into the mill of Messrs. FOSTER, GASKARTH, and Co., at Keswick, on the night of the 30th of January last, and stealing therefrom 9s. 2½d. Mr. CAMPBELL FOSTER prosecuted, and Mr. HODGSON defended the prisoner. The case was one entirely of circumstantial evidence. The prisoner, it appeared, had been a short time before in the employment of the prosecutors, and had thus become acquainted with their premises. The prosecutors are blacklead-pencil manufacturers at Keswick. A wooden building used as a sawmill is built up against the end of their mill, and communicates with it, and on the night of the 30th of January last the doors of this building and of the mill were left safely fastened. Next morning the foreman, on entering the office, which is a room communicating with the mill, found that it had been broken open, and upon a desk were a brace and two centrebits, which had been used in boring holes in the desk in an attempt to break it open. This centrebit had been taken from a room in the mill, near where the prisoner had formerly worked. On examining outside the mill footprints were found in the snow, leading to and from the saw-mill door, which had been opened by means of a stick, and through which an entrance had been effected into the mill. There were also two knee marks found in the snow and traces of sawdust, the person who had made the marks having worn corduroy trousers. From a drawer in the office 9s. 2½d. had been stolen, and one of the halfpennies had been noticed by the foreman as battered and thin. A policeman having been obtained, an examination of the footprints led him, from some cause, to suspect the prisoner, to whose house he immediately proceeded and took him into custody as he was dressing himself early next morning. By his bedside were found a pair of corduroy trousers, which he said he had worn the night before, and they had sawdust upon them. A pair of boots called "ankle jacks," which he also had worn the night before, were examined and found to have sawdust adhering to them. These boots and trousers were compared with the footprints and knee marks outside the mill, and found to correspond exactly, and the sawdust on them was of the same colour as that in the mill. On examining the pockets of the trousers 2½d. in copper, a sixpence, and a bad shilling were found, and one of the halfpennies was identified by the foreman as the battered and thin one he had noticed, which had been taken from the mill. For the defence it was contended that none of these circumstances were in themselves sufficiently conclusive to warrant the jury in finding the prisoner guilty. His LORDSHIP having summed up the evidence, The jury Acquitted the prisoner. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ What a nice piece of detective work, and all in vain! Petra The Times, Wednesday, Feb 27, 1856; pg. 11; col D                             SPRING ASSIZES.                                ----------------                         NORTHERN CIRCUIT.                            CARLISLE, FEB. 25.          [cont.] John JUST, aged 25, and Thomas JUST, aged 23, labourers, were indicted for a burglary in the dwelling-house of Andrew LITTLE, at Kirkandrews-on-Esk, on the 10th of August last, and stealing therefrom 2 l. 10s. Mr. HODGSON prosecuted; the prisoners were undefended. The prosecutor, it appeared, is an old farmer, living alone with his wife, who is also aged, at their farm, in a secluded part of the county. About a week before the burglary in question was committed he had 60 l. in his house, and this fact appeared to be known to a man who had lodged with them, who was a friend of the prisoners. On the night of the burglary the prosecutor and his wife had gone to bed, leaving the house safe, and the prosecutor had been asleep, when he was awakened by a noise, and asked his wife what it was. She said she thought it was the cat, and got up and struck a light. Seeing nothing, she put the light out and got into bed again. In a short time there was another noise, and the prosecutor exclaimed, "Lord, have mercy! what's that?" His wife said it was the cupboard door which had flown open. Presently, however, there was a louder crash, and the prosecutor saw the two prisoners come in at the window of his bedroom, one of them having his face blackened. They advanced to the bed, and one of them, using violent threats, demanded to know where his money was, striking him at the same time with a stick. He pointed to his waistcoat, and said all the money he had was in the pocket of it. They searched it, and, not being satisfied, one of them dragged him out of bed by the legs, and on his shouting out seized him by the throat. The other threw himself on the old woman, and appeared to prevent her crying out. The prosecutor begged of them not to hurt his "auld wife." She was then let alone, and the prosecutor, giving no further information about his money to satisfy them, was beaten till he was insensible, and the burglars decamped, leaving him on the floor. The prosecutor was so injured that it was thought he would have died next day. Early next morning the two prisoners were met on the road leading from the prosecutor's house, and, suspicion alighting on them, they were taken into custody, both the prosecutor and his wife swearing to the identity of both prisoners by their voices, size, and appearance. The prisoners endeavoured to prove an alibi. His LORDSHIP having summed up the evidence, The jury found both prisoners Guilty. Sentence of death was ordered to be recorded, his Lordship informing them that it would not be carried into effect, but that they would be transported for life. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Petra

 

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