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I have managed to transcribe the whole little booklet published in Carlisle in 1789 with notes taken at the trial of the abductors of Jonathan SEWELL by someone present at the trial, rather like a newspaper article. It is 13 pages long in Word, so I have to send it in instalments!
"Mrs Ann SEWELL" was in fact Ann HESLOP, a single or widowed woman "of ill repute" in her 40s or 50s, who in collusion with some friends tried to force 70-year-old Jonathan SEWELL into marriage with her. He had some real estate, which appears to have been the motive. On one occasion she managed to get him to Edinburgh and managed to get a marriage certificate there from a very dodgy minister - Jonathan was so drunk at the time that he didn't even remember the marriage, if it indeed took place. At the trial, the jury found that this marriage had in fact not taken place, so I wonder why The Times insists on calling Ann Mrs SEWELL, and why they seem to think she and her collaborators were wrongly convicted!
Petra
The Times, Saturday, Nov 13, 1790; pg. 3; Issue 1726; col E
On Wednesday, died in Newgate, Mrs. Ann SEWELL, who has undergone a variety of cruel persecution and imprisonment for her marriage with Mr. Jonathan SEWELL, of Durdar in the county of Cumberland. It is a singular circumstance, that this poor woman was among other things charged with forgery, at the time it was proved she could not write, and honorably acquitted, we look upon the whole as a very pitiable case, as well on her account, as on those persons who are under confinement in Newgate for a supposition that they were concerned in the transaction of her marriage.
I have typed this with all the spelling mistakes of the original included as I found them (although I may have inadvertently added some of my own)! The person who took those notes seems to have got a bit tired towards the end of the trial, and the notes become progressively shorter and less cohesive, and with more mistakes.
Enjoy nevertheless!
Petra
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THE
TRIAL
OF
Thomas WALLIS, Ann HESLOP, Thomas Leeke WILSON, John BOUSTEAD, and John WILSON,
For a CONSPIRACY, &c.
Against one JONATHAN SEWELL;
Before the CORUT of NISI PRIUS,
Held at the City of CARLISLE, in and for the County of CUMBERLAND,
On SATURDAY the 15th Day of AUGUST, 1789;
BY THE
Honourable Sir ALEXANDER THOMSON, one of the Barons of His Majesty's Court of Exchequer,
And a JURY of the said COUNTY.
CONTAINING
The Information granted against the Defendants by the Court of King's Bench, with the Evidence at large for and against the Defendants, as taken by a Gentleman at the Bar upon the Trial.
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CARLISLE:
PRINTED BY F. JOLLIE.
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P R E F A C E.
The attention of the Public has been attracted in a very uncommon degree by the following Trial; as well on account of the illegal and atrocious combination against society imputed to the defendants, as what was meant and intended by them to be practiced against the liberty and property of the said Jonathan SEWELL, who is a weak infirm man, upwards of seventy years of age.
=========================================================
AN
ACCOUNT
OF THE
T R I A L
OF
Thomas WALLIS, Ann HESLOP, Thomas Leeke WILSON, John BOUSTEAD, and John WILSON.
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The King against Thomas WALLIS and four Others.
At nine o'clock in the morning of the 15th of August, 1789, Sir Alexander THOMSON being seated in the Court, this cause was called, and the following gentlemean were then sworn in and upon the jury to try the same, viz. Edward MOORE of Whitehaven, Henry JEFFERSON of the same place, John BATEMAN of the same, John WILSON of the same, Robert STUBB of Cockermouth, John BARNES of Raughtonhead, John WILSON of Burgh, Richard LAWSON of Kirkbampton, Joseph HODGSON of the same, John DICKINSON of Street-Gate, Joseph COCKTON of Dockray, and William FAULDER of Aikhead; when Mr. HOLROYD, as Junior Council on the behalf of the prosecution, opened the information granted against the defendants by the said Court of King's Bench, which stated.
That James TEMPLER, Esq. Coroner and Attorney of our present Sovereign Lord the King, in the Court of our said Lord the King, before the King himself, who prosecutes for our said present Sovereign Lord the King in this behalf, in his proper person cometh here into the Court of our said Lord the King, before the King himself at Westminster, on Friday next after eight days of St. Hilary, in the same term; and for our said Lord the King giveth the Court here to understand and be informed that Thomas WALLIS, late of Penrith, in the said county of Cumberland, yeoman; Ann HESLOP, late of Stanwix, in the parish of Stanwix, in the said county of Cumberland, widow; Thomas Leeke WILSON, late of Penrith aforesaid, in the said county of Cumberland, butcher; John BOUSTEAD, late of Stanwix, in the said parish of Stanwix, in the said county of Cumberland, labourer; Robert GORDON, late of Hutton in the Forest, in the said county, yeoman; John WILSON, late of Penrith, in the said county, yeoman; together with one David WILSON, since deceased; on the 13th day of September, in the 28th year of the reign of our Sovereign Lord George the third, now King of Great Britain; at Durdar, in the said county of Cumberland, wickedly and maliciously devising and intending to defraud, agrieve, and injure Jonathan SEWELL, an honest and leige subject of this realm, wrongfully, wickedly, and maliciously with force and arms, did amongst themselves conspire, consult, and agree together wrongfully, injouriously, and unjustly to force the said Jonathan SEWELL to marry (he the said Jonathan SEWELL being an unmarried person,) and to take to wife the said Ann HESLOP, (she the said Ann HESLOP then and there being an unmarried person, and a woman of ill fame;) and the said Coroner and Attorney of our said Lord the King, for our said Lord the King, further gives the Court here to understand and be informed that the said Thomas WALLIS, Ann HESLOP, Thomas Leeke WILSON, John BOUSTEAD, Robert GORDON, and John WILSON, together with the said David WILSON, since deceased, in execution of the premises, and in pursuance of such conspiracy, consultation and agreement between them as aforesaid before had and made afterwards, to wit. on the the said 13th day of September, in the 28th year aforesaid, at Durdar aforesaid, in the county aforesaid, with force and arms in and upon him the said Jonathan SEWELL in the peace of our said Lord the King, then and there being, did make an assault; and the said Jonathan SEWELL did unlawfully and unjustly, and by force and voilence then and there seize, take, carry away, imprison, secrete, and conceal, and cause to be seized, taken, carried away, imprisoned, secreeted, and concealed against the will of the said Jonathan SEWELL; and him the said Jonathan SEWELL did keep and detain so unlawfully imprisoned, secreeted, and concealed for a long space of time, to wit. containing from thence hitherto, and still do keep and detain him the said Jonathan SEWELL so imprisoned, secreeted, and concealed against the laws and customs of this realm, against the will of the said Jonathan SEWELL, and without any legal warrant or authority whatsoever, to wit. at Durdar aforesaid, in the county of Cumberland: And in further pursuance of the said conspiracy, consultation, and agreement, and in order to carry the same more fully into effect the said Thomas WALLIS, Ann HESLOP, Thomas Leeke WILSON, John BOUSTEAD, Robert GORDON, and John WILSON, together with the said David WILSON, since deceased; during the time of the said imprisonment, secreeting, and concealing of the said Jonathan SEWELL, to wit. on the same day and year aforesaid, and on divers other days and times, between that day and the day of exhibiting of this information, to wit. at Durdara foresaid, in the county aforesaid, with force and arms did beat, bruise, and otherwise ill treat the said Jonathan SEWELL; and forced and obliged him the said Jonathan SEWELL to suffer and undergo great inclemency and severity of weather, and great labour, hardships, and fatigue of body in travelling about in divers parts of this realm by day and night, and during that time. Also in further pursuance of the said unlawful and wicked conspiracy, consultation, and agreement, for the purposes aforesaid; to wit. on the same day and year aforesaid, and on divers other days between that day and the day of exhibiting this information, wickedly and maliciously terrified the said Jonathan SEWELL with divers menacies, and threats of further bodily injury to the said Jonathan SEWELL, and of loss of his life, to wit. at Durdar aforesaid, in the county aforesaid, to the great damage, oppression, terror, and grievance of him the said Jonathan SEWELL, in contempt of our said Lord the King and his laws, to the evil example of all others in the like case offending, and against the peace of our said Lord the King his crown and dignity. Eight other counts are laid in the information, charging the defendants with conspiring together to defraud and injure the said Jonathan SEWELL in various ways. Mr. LAW, one of the King's Council, stated in a very able and masterly manner to the Court and jury, That Jonathan SEWELL, the person named in the imformation, was a weak, infirm man, of seventy years of age, subject to get drunk, and thereby rendered incapable of taking care of himself; and that he was possessed of a real estate worth upwards of 100L. a year. - That so long ago as the month of May 1788, he was forced into a chaise at Carlisle, when drunk, by the said Ann HESLOP and David WILSON, deceased, and conveyed to Gratna Green in order to get him married to the said Ann HESLOP; but from some scruple in the conscience of the person applied to at Gratna, the parties returned single.
That on the 3d day of July following Jonathan SEWELL was again taken by force out of his estate at Durdar, by the said Ann HESLOP, David WILSON, John IRVING, and six more of their confederates, when he was again made drunk by them, conveyed to Carlisle in the night, and was then forced into another chaise, along with the said HESLOP and IRVING, who carried him to Edinburgh, in Scotland.
That the friends of SEWELL pursued and brought him back to Durdar, where he remained till the 13th day of September following, when at noon day he being employed to cut corn at Durdar aforesaid, the said Ann HESLOP, Thomas WALLIS, and Thomas Leeke WILSON, went into the field, leaving a post chaise upon the road; and after forcing Jonathan SEWELL to drink large quantities of ale and spirituous liquors, again forced him into the chaise, along with the said Ann HESLOP and Leeke WILSON, and drove off to Penrith, where he was concealed in WALLIS's house for some little time, and was in the middle of that night conveyed, by the defendants, to Wolfa, near Penrith, where they had him concealed till the next night, when they again conveyed him to Hood-Foot, where they remained three days; but being afraid of a discovery they again, in the night, conveyed SEWELL across the mountains to the house of one John WALTON at Hawkwell-head, in the parish of Stanhope, in the county of Durham, where the defendants again imprisoned and concealed SEWELL for a fortnight, and then he was brought back, by them, in the night, to the house of the said Thomas WALLIS at Penrith, where he was again imprisoned in the garret of WALLIS's house for thirty-six weeks.
Mr. LAW stated that he never, in all his practice, heard of such an outrage being committed by any set of men however base. That every means had been used by SEWELL's friends to discover where he was confined, that WALLIS, as the Ringleader, had been frequently applied to; and that a Habeas Corpus, the great writ of English liberty, had been obtained, and served upon the said David WILSON, Thomas WALLIS, and Thomas Leeke WILSON, on the 24th day of October, 1788, (more than three weeks after SEWELL was confined at WALLIS's) commanding them to have the body of the said Jonathan SEWELL before Loyd Lord KENYON, Chief Justice of the Court of King's Bench at Westminster, &c.; but the defendants were hardy enough to disobey that writ, which is the greatest security of the lives, libertys, and properties of all our fellow subjects.
Mr. LAW added that he should call evidence to prove the several parts of the case, and he did not doubt but the gentlemen of the jury would, by their verdict, find the defendants guilty of the charge, and put it into the power of that court from whence the information came here to be tried, to punish them in such a manner as would in future deter others from offending against the laws of a freecounty, and imprison one of his Majesty's subjects without any cause whatever. P R O O F on Part of the Prosecution.
Richard LOWTHIAN (SEWELL's Attorney) says I know Jonathan SEWELL and Ann HESLOP; SEWELL had a real estate near Carlisle let for more than 100L. a year; Ann HESLOP is not a woman of good fame, but has had the character of a common prostitute for twenty years and upwards; Thomas WALLIS is a bailiff; Thomas Leeke WILSON and John WILSON are brothers, they live in WALLIS's house, and are his servants, or bailiffs followers; and John BOUSTEAD is brother to HESLOP, who is a widow. On the 5th of July, 1788, Joseph GRAHAM, brother in law to SEWELL, and Mr. John BOND, who is his cousin, applied to Mr. John MITCHINSON and me to go to Scotland in search of SEWELL, who had been carried away by Ann HESLOP and one John IRVING.
In consequence of such application we went to Scotland, and had some information of them upon the road towards Edinburgh; and found SEWELL and HESLOP at the Crook-Inn, between Moffat and Edinburgh, about four o'clock in the morning of the 6th of July, we were shown into the room where SEWELL and Ann HESLOP were in bed together; SEWELL appeared to be very much intoxicated with liquor, and drunk at the time; we asked him to get out of bed, and he made several attempts, but was prevented by HESLOP, who held him down in bed with her arm. We left them in the room for half an hour, to give them an opportunity of dressing; when we returned she was still holding him down in bed, but upon our holding her arm from him he got out of bed and dressed himself. We asked him repeatedly, in her presence, if he was there on his own will, when he told us he had been made drunk and forced into a chaise at Carlisle by Ann HESLOP and John IRVING, and David WILSON had been the cause of it. That they had spirituous liquors in the chaise with them, and made him drink it, till he knew not where they had carried him. That he broke several windows in the chaise to get away, HESLOP said she had managed well to steal him out of the wood. We gave him some milk and water, and afterwards had some tea together, and he drinking a good deal of tea became more sober; we asked him again if he was there with his own consent or otherwise, and if not with his consent we should take him home to his friends. SEWELL said he never would have been with her unless he had been drunk, he laid hold of us that we might not leave him. She said they had been married in Edinburgh, and produced a paper certifying that they had resided six weeks in Scotland, and had been three times published in the church there, the paper writing she said was a certificate of their marriage in Scotland; she said afterwards she applied to M'GREGOR to marry them the evening they arrived in Edinburgh, but he refused that evening, and she sent for him again next morning, when he gave them the certificate. She said they had been married by M'GREGOR; SEWELL positively denyed any knowledge, either of being in Edinburgh, or being married; and desired Mr. MITCHINSON and me to go to Edinburgh and enquire what had been done there; she made a good deal to do against our going to Edinburgh, and wanted to go forward to Carlisle with SEWELL; when she found we had ordered a post chaise for Edinburgh, she desired that IRVING and her should go there with us, we were very agreeable they should, and another chaise was had, and we all went, MITCHINSON and IRVING in one chaise, SEWELL, HESLOP, and myself in the other. We went to Edinburgh in that manner, on the road SEWELL became perfectly sober. - (The Crook-Inn is two stages, from Edenburgh about thirty miles.) - When sober SEWELL asked her how she came to take him away to be married, that he had no acquaintance with her, and was an old man, and never had any inclination to be married, even when younger. - She said she had managed well to steal him at last; and that she had been in love with him many years. - She frequently wanted to kiss him in the chaise, but he always opposed it. - After being in Edinburgh we found M'GREGOR, who told us that SEWELL was much the worse of liquor at the time that he had given them a certificate, having his fee, which was three guineas and a half. M'GREGOR said he would have married them for his fee, if he had been dead. - MITCHINSON and I left them at the inn, when we returned HESLOP, IRVING, and SEWELL were gone; we sent to enquire at the tollbars, and fonud the road they had taken, we pursued towards Middleton, and found them at four o'clock next morning in a house about fourteen miles this side of Edinburgh; we were admitted into the house, and found the three in bed in one room, SEWELL and HESLOP in one bed, and IRVING in another. - SEWELL exclaimed against us for leaving him. She repeated often, that if IRVING had given her money to go on, neitheir we nor any of his friends should have seen him more; we told them we should take SEWELL to Edinburgh and apply for a warrant against them, and if they chose they might follow. We applied to the Sheriff of Edinburgh and got a warrant against them, but they did not come there again.
We returned to Carlisle, and arrived on the 10th of July at Mr. MITCHINSON's, where we stopped a few minutes. - We meant to walk to the Bush-Inn and get a chaise to take SEWELL home; before we got many yards we were met by Ann HESLOP, John BOUSTEAD her brother, and many more; SEWELL was taken from us there by force. Ann HESLOP laid hold of SEWELL, and BOUSTEAD assisted, when SEWELL attempted to strike her with a stick.
In consequence of an information I received the 13th of September last, I went along with Mr. John BOND to Penrith in pursuit of SEWELL, when we found the chaise had stopped at the house of Thomas WALLIS; I sent for WALLIS next morning, being the 14th of September, when Mr. WILSON, a Magistrate, attended with me. I enquired of WALLIS what he had done with SEWELL, he said they had been in bed together in his house the night before, and had gone away in the morning; I told him he would be prosecuted if he did not discover, he said he would not tell where they were; I told him if he would tell me there should be no prosecution against him for what he had done, and I would give him ten pounds to pay the expence; he then said they were at a little public house at Askham, three or four miles from Penrith, at widow CARR's, I could hear nothing of them there, and returned home. I have since made several applications to WALLIS, and on the 24th of October I served WALLIS, David WILSON, and Thomas Leeke WILSON with a writ of Habeas Corpus to produce SEWELL before the Chief Justice of the Court of King's Bench. I left the original writ with WALLIS, and he told me he would obey the writ. - It was never discovered where SEWELL was confined till we had information from GORDON in June last.
X I have been acquainted with SEWELL for thirty years, he is much adicted to liquor, he made a conveyance of his estate to Mr. BOND and me, he applied to me to make it after the first conveyance to Gretna, we were to be the trustees for him to protect his estate, SEWELL saying he was not capable to take care of it himself against such attempts. - BOND is SEWELL's cousin. Before the declaration of trust was prepared, he was carried away on the 13th of September, the estate part freehold and part customary, SEWELL has two sisters, he desired us to sell a small detached estate, we were to hold the remainder, he to have disposal of rents and profits during his life, his sisters after his death, if they survived, after their decease his nephews and neice, children of his sister, and Richard BELL to have them; if they died without issue we to convey to his right heirs at the time. - SEWELL lived at Durdar with GRAHAM, HESLOP at Stanwix about four miles from Durdar, she is between forty and fifty years of age, her sister and she live together; she said they had been married, and he denied it; I do not recollect whither M'GREGOR said he had married them or not, he said SEWELL was the worse of liquor, I knew the certificate was false, as it recited that they had resided six weeks in Scotland, and three times published in that church. We went to Edinburgh to the Consult Council and got a warrant. WALLIS said he had been informed they were married, he would not tell me where they were gone.
X seems to mean: answers under cross examination.
Joseph GRAHAM. I am brother in law to SEWELL, he was at Durdar with me cutting corn on the 13th of September, Thomas WILLIS, Ann HESLOP, and Thomas Leeke WILSON came up, when WALLIS took the sickle from SEWELL, and offered me half a crown to drink next day to say nothing; and pressed me to go with them to the public house at Durdar; I went with them to see what they meant to do with SEWELL. We went to get a tankard of ale and come back to our own work again. We all went together to the horsing stone near my house, some ale was fetched from the public house, HESLOP and WALLIS forced liquor on SEWELL. I saw the post chaise coming up, and when SEWELL was like to get drunk I took him, and wanted to get him to his work again, Ann HESLOP and Thomas Leeke WILSON took him from me by force, one on each side they put him into the alehouse, and hurried him into the parlour; I attempted to go into the parlour, but WALLIS shut the door, and crushed my fingers. I saw the chaise at a distance before, and then saw it come up to the ale house; Leeke WILSON went into the chaise first, pulling SEWELL in after him, and Ann HESLOP thrust behind, she got in afterwards, and the chaise hurried off, WALLIS followed on horse back with HESLOP's bonnet. SEWELL was taken away wanting his wig, the wig was found in the field next day.
X It was hot weather, there are no houses at Durdar but mine and the alehouse, we had two or three tankards of ale at the horsing stone, we all drank fast, they thought the ale was not strong enough, I found spirits in it, and they forced the glass about quickly, they took SEWELL away one on one side and the other on the other, I did not hear her say any thing about the marriage, I saw no servants about the public house, I did not hear him cry out, because he was drunk, I laid hold of his leg and held all I could, when they were hoisting him into the chaise. WALLIS brought some of the ale from the public house.
Thomas SCOTT. About six or seven o'clock in the evening of the 13th September last, I was standing near WALLIS's house in Penrith, when Thomas Leeke WILSON, Ann HESLOP, and Jonathan SEWELL, all got out of the chaise, WALLIS followed a little after with Ann HESLOP's hat, and two horses, he came up a little after they went into the house. SEWELL got out last, and was much in liquor, Thomas Leeke WILSON and Ann HESLOP led him into the house, he had neither hat nor wig; they first led him to the fire side, afterwards up stairs to bed. - On the 14th early in the morning I saw John BOUSTEAD, he came to a house at Penrith about eleven o'clock the night of the 13th, and asked for some hay; he afterwards went to Mrs. ROPER's, a public house, and asked the ostler the way to WALLIS's, he went there, they were all in bed, he called Thomas WALLIS up between eleven and twelve. BOUSTEAD told me he was come about the business of Ann his sister, who was going to be married to Laird SEWELL, (meaning a man of estate.) John BOUSTEAD brought his horse when he came first to WALLIS's, and left him at the door; SEWELL, HESLOP, BOUSTEAD, Leeke WILSON, and WALLIS came down together, he called out when they were hawling him away, and asked if he was a prisoner, they said they were going to take him home, but if he did not hold his tongue they would pash his brains out, Thomas Leeke WILSON said it when WALLIS and others were by; SEWELL called out murder, murder several times. Robert GORDON and John BOUSTEAD met them with the grey mare, and they carried him to Wolfa, BOUSTEAD kept a little behind, GORDON got off the horse and some others got on. - I was at WALLIS's house on the 21st of September, and dined there with Leeke WILSON, John WILSON, and David WILSON, who gave us a bottle of rum; Thomas Leeke WILSON told David WILSON he had first carried SEWELL to Wolfa, from thence to Hoodfoot, and afterwards to Wardale, in the county of Durham; that he kept him one day in the house of one GRAHAM at Wolfa. - That going over the mountains between Hoodfoot and Wardale, they met a man on a white horse, when SEWELL asked where they were going, but he Leeke WILSON said he would knock him down, and they went on. - That WALLIS was not present. - David WILSON promised Leeke WILSON 60L. if he got them married.
X I am a black-smith, and live at Ousby, I was in the street, and could not sleep I was so bad of a pain in my breast, Thomas WALLIS and I were very intimate at that time, I am acquainted with John BOUSTEAD, there were none by when he told me his sister was going to be married to Laird SEWELL, I staid no longer than till they went off about twelve o'clock, I followed them about three miles, Thomas WALLIS turned back at the Fell-gate, about a quarter of a mile from his own house; when I heard murder called I went on, I returned about three o'clock and went to the Wheat-sheaf in Penrith. When they first set off I hid myself in a field. - On the 21st of September, after giving me liquor, Thomas Leeke WILSON asked me if I knew any thing about Jonathan SEWELL, I told him every thing I knew; at the Fell-gate Thomas WALLIS told Leeke WILSON, when he turned back, that they might carry him to Wolfa, I was very near in a field; after they went upon the moor I followed about one hundred yards distance. - Wolfa is about four miles and a half from Penrith.
Robert GORDON. I was servant to WALLIS for three years, and left him at Martinmas last; I was in the fields when SEWELL and the others arrived in September, I came to the house about seven o'clock, and found SEWELL, Ann HESLOP, and WALLIS's family, consisting of Leeke WILSON, John WILSON, Matty his wife, and WALLIS's wife, they stayed till between twelve and one. John BOUSTEAD came to WALLIS's, I was in bed, but they called me up, John WILSON and Matty came up and told me; when I got up I saw John BOUSTEAD, he came to tell me to get SEWELL off, for they were coming from Carlisle after him. He stayed to get the Laird off, they all got up and got him out, they put the Laird to bed when he was very drunk, and she followed after him, I stood laughing at the door, Thomas WALLIS, Leeke WILSON, and Ann HESLOP took him down stairs, he wanted a wig, and they got him one of WALLIS's; they took him up the lane on foot, I was to stay in the house while WALLIS came back; WALLIS returned very soon, and told BOUSTEAD to get his horse, and BOUSTEAD and me to go after them; WALLIS told me they were gone to Wolfa, we followed in a few minutes together, I on BOUSTEAD's horse, and he walked, we were to stay at Wolfa till further directions came. We overtook them at Maiden-hill, we found Leeke WILSON, Ann HESLOP, and Jonathan SEWELL on foot, they each had hold of his arms, they set him upon the horse I rode, and carried him to Wolfa on horse back, which was a mile and a half further than where we came to them; SEWELL was very drunk. GRAHAM of Wolfa is a husbandman, we arrived there before they were up; I stayed there till Sunday evening about ten, and then went to Penrith; Leeke WILSON went home in the morning to a christening; BOUSTEAD and HESLOP stayed; SEWELL laid in bed all day; Leeke WILSON and HESLOP told me to abide with them, and keep him there that he might not get out. - I saw WALLIS when I returned to Penrith, I told him GRAHAM would keep SEWELL no longer, he must get him shifted; Thomas Leeke WILSON and WALLIS studied a little together, and WALLIS said you must carry him to Hoodfoot boat-house, so I returned directly to Wolfa by WALLIS's directions, I carried him to Hoodfoot boat, Ann HESLOP, John BOUSTEAD, and I carried him there in the dead time of the night, about three miles from Wolfa, to one DALTON's, a widow, who keeps a public house, which stands by itself, we carried him sometimes on BOUSTEAD's horse, sometimes on foot. It was about five in the morning when we got there, Ann HESLOP desired them to get up and let us in, they were not willing but at last let us in, and got breakfast. SEWELL was kept upstairs, WALLIS ordered HESLOP and me to stay with him; WALLIS told me he would come to Hoodfoot. I left BOUSTEAD and HESLOP with SEWELL, and went to Penrith in the dead time of the night; I asked WALLIS why he did not come, he sent me back to stay till he sent some account. (It is three miles between Hoodfoot and Penrith.) We continued at Hoodfoot three days and two nights; SEWELL had ale given him, they did not sell spirits; Ann HESLOP had rum or brandy with her, which she made him drink. SEWELL expressed a great uneasyness in his mind, and wanted to be at home; Leeke WILSON came on Thursday night with two of WALLIS's horses, and said he would carry him home, either to Durdar or the Mount, I am not sure which. He came in the dead of night. - Leeke WILSON told me secretly we were to go to Stanhope, in Wardale; but, he had before told SEWELL he would carry him home. Leeke WILSON, Jonathan SEWELL, Ann HESLOP, and me went away with three horses, we left BOUSTEAD at the door, we all rode, and SEWELL behind me, they bid him to get on the horsing stone, pulled the horse to and set him on. - It is about thirty-five miles from Hoodfoot to Hawkwellhead, we went through Aldston, and breakfasted at Nenthall, a public house, about twenty-eight miles from Penrith; we afterwards went to John WALTON's at Hawkwellhead, who is brother in law to Leeke WILSON; I stayed two or three days, and SEWELL was watched all the time; we mostly kept SEWELL upstairs. - Ann HESLOP sent me to Penrith to tell WALLIS she was afraid that SEWELL would be found, and that he must be shifted from there; I told WALLIS, who said they were safe enough there, no body could find him; David WILSON told WALLIS some were gone from Carlisle to get SEWELL, whereon David WILSON and I got two hack horses and rode over to Hawkwellhead again, WALLIS ordered me to go with David WILSON; we found Jonathan SEWELL and HESLOP together, David WILSON told Ann they were safe enough there, they might stay a month, and then get married, and all would be well enough. I stayed about a fortnight from the time of my first going; John WILSON then came from Penrith to Hawkwellhead to take care of SEWELL, and I went home, in my way I met Leeke WILSON going to WALTON's, I turned back with him again, and when we got back Ann HESLOP and John WALTON were talking about John WILSON's being gone off with SEWELL, and they were afraid he would be taken by the opposite part on the road. We stayed all night and went off next morning. The fear of its being known where SEWELL was concealed, was the reason for removing him. When I returned to Penrith I found SEWELL there with John WILSON, it was Burgh-Hill fair, which is the last day of September, and the first day of October. I continued with WALLIS till Martinmas, and generally saw SEWELL there once a week afterwards. SEWELL was kept upstairs, I never saw him down stairs, except once when he was taken to the town head to John DIXON's in the dead time of the night to sign some papers, John WILSON took him; Leeke WILSON, WALLIS, two DIXONs, mother and daughter, Mr. NELSON and Mr. STRONG, two Attorneys, were there with the Laird; SEWELL was not permitted to come down stairs, the windows were closed up, with boards nailed thereon. I stayed there two days, about a week before he was taken, SEWELL often said what a pity it was to be kept there confined; he desired me to send letters to Carlisle to his friends; - I told him I would tell his friends; I went and told Mr. LOWTHIAN, and afterwards went to release him with John HENDERSON, Mr. LOWTHIAN's son, Mr. BOND, one Mr. BELL, SEWELL's relation, and Mr. MITCHINSON's clerk; Matty WILSON bid me go up to John WILSON and SEWELL; I went up and told SEWELL his friends were come for him, he would not believe me, so many lies had been told him. John WILSON got out at a high window, over a toofall, and took off; I told Jonathan SEWELL to go down, I went out at another window for fear of injury. - WALLIS often told me when they were shifting SEWELL about I was to have 100L. for my share, if they were got married.
X I know Thomas SCOTT, but did not see him on the 13th of September. - WALLIS sent Leeke WILSON and me to get HESLOP out of the way to prevent her being taken upon a charge of forgery, she was to be taken by virtue of a warrant; WALLIS told me to make an affidavit, and send to London, and I should be cleared, it was not read to me, I only signed it. - It is about two months since I told Mr. LOWTHIAN where SEWELL was confined; I received a guinea for my trouble after SEWELL was brought to Carlisle. - SEWELL was seen at WALLIS's house by Elizabeth DIXON, Elizabeth GRISTLETHWAITE, Harry HODGSON, Philip BOWMAN, --- SIMPSON, Elizabeth NIXON, and Nanny NICHOLSON. - Elizabeth DIXON lives with WALLIS, HODGSON and GRISTLETHWAITE came as servants to WALLIS when I left him; Philip BOWMAN and SIMPSON are his nephews, NIXON works in the house, Nanny NICHOLSON is a neighbour, I do not know whether she saw him or not. - SEWELL had ale given him every day. - HENDERSON and I went to Carlisle along with SEWELL on the 15th of June, when we each received a guinea from Mr. LOWTHIAN for our trouble and expences.
John HENDERSON. I went to get SEWELL away with young LOWTHIAN, and GORDON and I told WALLIS and his wife that SEWELL's friends were come for him, WALLIS asked me if GORDON has informed where he was, I told him he had. GORDON had gone upstairs, Mr. BOND and young LOWTHIAN came up; WALLIS asked Mr. BOND whether they could not make an agreement, and have no more law; Mr. BOND said he could give no answer until he saw his friend SEWELL and consult him. - SEWELL then came down, and we took him away with us to Carlisle.
Jonathan SEWELL. I was shearing with Joseph GRAHAM at Durdar in September, Thomas Leeke WILSON, Ann HESLOP, and Thomas WALLIS came to the lane end, they gave a wave to me, and I went to them; Thomas WALLIS took the sickle from me, they insisted I should go and drink ale with them, it was a very warm day, I went to the dyke to get my coat, she followed me, I was very dry, and very guilty of taking liquor, Ann HESLOP had a bottle in her pocket, she gave me some liquor out of it at the dyke; Joseph GRAHAM and us went to the horsing stone, where we got two or three tankards, then they would have me to the public house, they carried me there, and afterwards up and down the country; we went in a chaise to Tom WALLIS's, and next morning they removed me to GRAHAM's of Wolfa, and early on Monday morning to Hoodfoot, we stayed there Monday night and Tuesday night; from Hoodfoot they pretended they would carry me to Durdar; I was carried to Hawkwellhead, I bad them a crown to carry me to Durdar, afterwards half a guinea. I was confined five or six and thirty weeks at WALLIS's, I would have fain been at home, I made a stop on the common, going to Wardale, and would go no further, I began to cry out murder; Leeke WILSON said they would send me to BOTANY BAY. - I was put to bed at WALLIS's, up two pair of stairs, and could not go about the street; the weather grew cold, and I did badly wanting a fire. - I was once carried to a place to Mr. STRONG of Carlisle, David WILSON, and NELSON, were there, they pulled some papers out, I said I am no scholar; they told me I was to be tried before my Lord KENNEDY whether I was as wise as other folks or not. - I was an old man, and winter approaching, I thought all my friends had disowned me, as Leeke WILSON said he had sent them a letter from Hawkwellhead by the post, and my friends were calling me about the streets for a fool. - I slept the first night at WALLIS's by myself, afterwards with John WILSON. I desired to go into a garden to walk, but they gave me no answer, my health was much worse for want of air; I told Leeke WILSON and John WILSON if they would go with me to Durdar, I would give them a note for 10L. and pay them the money at Durdar. - At first they checked me for looking out at the window, the front windows were barred up with broads on the inside of the glass, two of them were barred up all the time. - John WILSON pretended he was under dread of a warrant.
X I was not married at Edinburgh that I know of, I was drunk, I did not give M'GREGOR any money, nor do I remember his being there; I made a conveyance of my estate, because I was an old man, guilty of liquor, owing money, and unable to take care of it myself. - May was a twelve months I first saw her, she asked me to sell a small estate held under Lord LONSDALE, and said her husband was at David WILSON's, and would buy it; I did not go, and would have rather gone twelve miles about than have gone into the town where she lived. I never, in all my life, had carnal dealings with her, or any other woman.
To be continued with evidence for the defence..... Here the evidence on the part of the prosecution closed, when Mr. WOOD, Council for the defendants, stated, That the defendants were charged with one of the highest misdemeanors the law allows of, the punishment, imprisonment, perhaps the pillory. The reason of mentioning this, that you be fully satisfyed, before you convict them of the charge of conspiring to get them married, they being unmarried persons, it must be made out that they were unmarried at the time; no doubt but he had a tiresome life between the two contending parties. I shall be able to prove they were married in Scotland, if so you cannot set that aside, it is equally binding as if here; IRVING saw the marriage performed, and put to bed; when MITCHINSON and LOWTHIAN came, and she has uniformly insisted she was married to him in Scotland; and with the assistance of her friends endeavoured to keep him, there is nothing illegal in that; WALLIS acts merely on the information of their being married, it is not illegal in him; several persons had access to him, and spoke to him when they pleased; she is stated to be a woman of ill fame, no evidence of it, she stands unimpeached; it is not necessary to be married in a church or chapel, but an agreement in presence of witnesses sufficient. I will call IRVING, who saw the marriage. (M'GREGOR is a minister of the church of Scotland, a preacher at the Gallic chapel.) If SEWELL is a weak man, the wife is entitled to the custody of him, if she is his wife, nothing criminal in her conduct. - I shall call a number of witnesses, who will swear they saw him down strairs several times, and spoke to him, he made no complaint. - Mr. WOOD then called the following witnesses, viz.
John IRVING. I know Jonathan SEWELL and Ann HESLOP, I went from Carlisle to Edinburgh with them on the 5th of July, 1788, we got to Edinburgh the day after about seven o'clock at night; we did not drink much on the way, we bought none but what we had occasion for; we had two bottles of cyder in the chaise; none was given to SEWELL on the way, but what he chose, he might drink a glass or so at a time. - My landlord Edward ATKINSON sent for what they call the Sessions Clerk, and for the Articled Clerk, the Sessions Clerk went for the minister, I did not send for the minister till next morning, because Jonathan SEWELL was a little drunk; he came next morning, and SEWELL had drunk nothing but beer; his name is Joseph Robertson M'GREGOR; the ceremony was in ATKINSON's dining room, which ceremony was read out of a book; I was married in Scotland myself, the ceremony just the same that I was married with to the best of my knowledge; - I do not recollect whether SEWELL consented or not. No force was used, they joined hands, they were put to bed at the Crooke; we left Edinburgh in the afternoon; LOWTHIAN and MITCHINSON came, and we returned to Edinburgh on the 6th of July, the lady being impatient had ordered a chaise, SEWELL was agreeable to go, I was not, because MITCHINSON and LOWTHIAN were not there; we came fourteen miles this side of Edinburgh, they came there early in the morning; David WILSON gave me 25L. 5s. to pay expences. - SEWELL appeared very willing to go with MITCHINSON and LOWTHIAN.
X It was their own pleasure to be married in Scotland; SEWELL told me he liked a jaunt to Scotland; we drank a little with the drivers at every stage, he was not sober all the road, he wanted to be married that night, and was quite hot upon it the next morning; the second night he claped his hand upon her thigh, and said he liked her 1000L. better than the night before. - (Six weeks residence in the certificate, a matter of form.) - David WILSON sent me with them to Scotland.
Elizabeth GRISTLETHWAITE. I lived as a servant with WALLIS; SEWELL was brought there before I went, which was at Martinmas, I left him there at Whitsuntide; he was treated in the very best manner, he was never shut up, or confined; I never saw him down strairs, he had several rooms to walk in; I was in the room often, and never heard him complain; he had any thing he asked for; he read most of his time; I heard him say he wished to be kept private, on account of a woman, till she could be got there, that they might get married; I heard him say they were married at Edinburgh, but he wanted to be married again; he was always sober, I never saw him drunk;
X John WILSON kept him company upstairs, he never came down to the necessary; I heard a report of a writ to produce him, but I did not tell where he was.
Elizabeth NIXON. I live near WALLIS's, and work about his house still, I was there when SEWELL came, he was treated very well, lodged up in a high room, he had five rooms to walk in; he told us he only came there to wait till Ann HESLOP, his wife, and him were married over again in England, he said so often; I fetched him one shilling worth of ale every night; I heard him say they had been married in Endinburgh; he said he would take a room in WALLIS's new house; I remember four or five men coming to take him away, he did not go away willingly, they might come for him, when they asked for him he was not denyed.
Henry HODGSON. I saw Jonathan SEWELL, he was treated very well; I saw him upstairs, but never down to my knowledge; I heard him say he had been in Edinburgh, and had been married; I was a husbandman, and very little with him; he always seemed chearful.
Jane DIXON. I live in Penrith, with my father, at the town head, half a mile from WALLIS's, I was there when SEWELL came on a Saturday, I stayed till Monday morning; he got out of himself, came into the house, and went upstairs; I saw him till about ten or eleven; he came in about three, had tea at four, and bread and cheese, and ale carried up for supper; they seemed very friendly, he seemed very fond of her; I got up when the noise was, and saw them get out; I slept with John WILSON's wife, he walked down stairs himself; I remember Tom WALLIS putting him his wig on, he said he would go any where with WALLIS. John BOUSTEAD her brother came and said they were pursuing him from Carlisle; I saw SEWELL frequently after his return; I was staying a month, and saw him every day; I saw him out of the house, Mr. STRONG was with him, I never saw him out on any other occasion. - There was only one window blocked up, on account of the window cess; it was blocked up before he came; he did not appear to be under any restraint. - I never made any affidavit.
Ann NICHOLSON. I live next door to WALLIS's, I saw SEWELL when he came in September the 13th; he got out without force; I never had any discourse with him; there was nothing to hinder him from seeing out at the window; I was often in the house while he was there, I did not go upstairs to him;
X I would not inform against WALLIS, I am not covetous of money; I kept the secret well, when I kept that; more of the family knew it besides myself.
Philip BOWMAN. I am WALLIS's nephew, I was often there with SEWELL; the first time I saw him he was cutting potatoes with John WILSON upstairs.
To be continued with the summing up.....
The Learned Judge then summed up all the evidence to the jury, and observed that the defendants were charged with a conspiracy to force marriage. There are also counts in the information for a conspiracy to imprison, that of itself is a high misdemeanor. - The defence. That the whole was from SEWELL's freewill and consent; and with a wish, and for an opportunity to marry her again in England, without knowledge of his friends.
As to going to Scotland, it is most extroardinary; if he was willing they should go to Scotland, since they being of age, might have been married in England. No witness to the marriage but John IRVING, who seems to be a hardy man, and deserving little credit.
The defence. No force, secreting only with his own consent to get a second marriage.
But if you believe the prosecutors witnesses, it is a great outrage; and for which the defendants ought to be severely punished.
If you believe there was a marriage solemnized, too much to say, they being both single, there was a conspiracy to procure marriage.
No doubt there was a conspiracy, there being an agreement between the parties.
If no conspiracy to force or procure a marriage, there clearly is one to imprison, which will support the counts so laid.
I see no difference between the defendants.
Mr. LAW's reply took up more than an hour and three quarters, after which the jury, without hesitation, pronounced the verdict of GUILTY against the defendants, upon the whole information; and that no marriage had taken place between the parties in Scotland.
The defendants having been convicted of a conspiracy, ought to have personally appeared before the justices of the Court of King's Bench at Westminster, within the first four days of Michaelmas term, to receive the sentence of such court; but instead of doing what the laws of their country required, they fled into Scotland, where they remained for sometime. For want of their appearance judgement has been signed against them, by the court, and attachments awarded against all the defendants. - Thomas WALLIS and Thomas Leeke WILSON have been arrested, and were both lodged in Carlisle gaol on the 24th day of December, 1789. - The other defendants still abscond.
Whenever the defendants dare venture to appear before the court of King's Bench, the justices of that court will dispose of them in such a manner as the nature of their crime deserves.
Council for the prosecution, Messrs. LAW, CHAMBRE, and HOLROYD.
For the defendants, Messrs. WOOD and LOUNDES.
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The End!
It looks as if they caught at least Ann HESLOP at some stage, if she died in Newgate in 1790. I must have another look through The Times...
Petra
The Times, Saturday, Nov 22, 1788; pg. 3; Issue 1178; col B
LAW INTELLIGENCE.
COURT OF KING's BENCH.
WESTMINSTER-HALL, Nov. 21.
Mr. ERSKINE moved for a rule to shew cause why a criminal information should not be filed against Thomas WALLACE and several other persons, for a conspiracy. Mr. ERSKINE said this was a transaction of a most extraordinary nature, and he believed without a parallel. An old man of the name SEWELL fell into the hands of these men, who availing themselves of this old man's weakness, carried him down with a woman of the town, to marry them in Scotland. This man was upwards of seventy, and a marriage was actually solemnized in North Britain, but was not valid by the law of Scotland. It was stated that when this man was in a field, they laid hold of him, and threw him into a post-chaise without his hat or wig. They did not know where they had carried him, but they knew where the conspirators themselves lived, and therefore he moved for an information against them.
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This must have been the occasion when the Court of King's Bench granted the information that was read out by Mr. HOLROYD at the beginning of the trial in August 1789.
Petra
The Times, Thursday, May 06, 1790; pg. 3; Issue 1674; col E
LAW INTELLIGENCE.
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COURT OF KING's BENCH.
WEDNESDAY, MAY 6.
CONSPIRACY.
THOMAS WALLACE, ANN HESLOP, THOMAS LEAKE WILSON, and JOHN WILSON, received judgment for a conspiracy in carrying off Jonathan SEWELL against his will to Edinburgh, keeping him in a state of intoxication and marrying him to Ann HESLOP, who had been a prostitute for 20 years.
Mr. JUSTICE ASHURST, who passed sentence, said, that except Mr. BOWES's business in carrying off Lady STRATHMORE, this was the most aggravated offence that had occurred since the time he had been a Judge.
The sentence of the Court was, that Thomas WALLACE be imprisoned in his Majesty's Jail of Newgate for two years, and that on some day during that imprisonment, he stand once, for the space of one hour, in and upon the pillory at Charing-cross, between the hours of twelve and two; that HESLOP be imprisoned in his Majesty's Jail of Newgate for the space of three years; that T. Leake WILSON, and John WILSON, be imprisoned in Newgate for one year.
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The Times, Tuesday, Sep 04, 1787; pg. 3; Issue 840; col B
On the night of the 16th ult. about eleven o'clock, two men entered the house of Mrs. CARRUTHERS, at Highland, near Abbeylander Coast, Cumberland, which stands at about two hundred yards distance from any other house; and in which were only Mrs. CARRUTHERS and one child. One of the villains held a drawn knife close to her face, swearing to dispatch her the moment she made the least noise, while the other robbed the house of every thing of value they could possibly take away. They took a gold ring from her finger, and even slit her ears with an intention of cutting away the ear-rings she wore. They then tied her hands and feet, and after regaling themselves with such as the house afforded, left her in that situation. Mrs. CARRUTHERS used every effort to disengage herself, which after some struggling she accomplished, and immediately alarmed the neighbours, who, assisted by that vigilant officer of justice, Mr. Thomas WALLIS, of Penrith, went in pusuit of the villains, and apprehended them at Carlton, near that place, on Monday following, in company with two women, their accomplices. The articles stolen being chiefly wearing apparel, were found upon them, and sworn to by Mrs. CARRUTHERS; they were consequently all four committed to Carlisle gaol.
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Now, Mr. Thomas WALLIS, that "vigilant officer of justice" of Penrith - he wouldn't by any chance be the ringleader in the abduction of Jonathan SEWELL in 1788? At the SEWELL trial, he was described as a bailiff...
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