Penrith - Tuesday September 18th - Cumberland and Westmorland Newspaper Transcriptions

Penrith - Tuesday September 18th

PENRITH - TUESDAY, SEPTEMBER 18.

(Before H. HOWARD, W. CRACKENTHORPE, Joseph SALKELD, F. B. ATKINSON, and
Timothy FETHERSTONHAUGH, Esqrs., and the Rev. Archdeacon JACKSON.)

EXTRAORDINARY CASE.

John ROLLINSON, recently gardener with Mr. UNSWORTH, of the Thorn, near
Penrith, surrendered himself. He had been admitted to bail on Saturday night, to
appear on Monday to answer the information of his late master in which he was
charged, under the new Act for the punishment of petty larceny, with stealing
on or about the 14th of June a quantity of onions and potatoes the property
of the prosecutor, from a cottage garden near the Thorn. Mr. JAMESON appeared
for the prosecutor, and Mr. WANNOP, of Carlisle for the defendant.

Mr. UNSWORTH said that ROLLINSON had been his gardener for upwards of three
years, and he was so much pleased with him that he advanced his wages a couple
of pounds per years after the first year. He had of late frequently missed
things, rose-trees &c., out of the garden; and it had come to his knowledge
that ROLLINSON, who was about to leave, his time being up on Saturday, had sold
a quantity of potatoes and onions out of the Cottage garden. He sent for
ROLLINSON, and told him he would give him £2, which was due to him, if he would
bring back the potatoes and onions. He refused to do so, and said he might do
what he liked, or do his worst; in consequence of which he had him taken
into custody.

Cross-examined by Mr. WANNOP - The agreement with Rollinson was, that he was
to have £45 a year, a cottage to live in, and the garden attached for his
own use. The cottage and the garden might be hald an acre; it was more than a
quarter of an acre.

Mr. WANNOP - Was there any one present when the agreement was made?

Witness - There was a gardener belonging to a neighbour of mine.

Mr. WANNOP - Did you ever know any potatoes brought from this piece of
ground adjoining the cottage to your house?

Witness - No question of it. I distinctly state that I did not give that
piece of ground to ROLLINSON.

Cross-examined continued - I cannot tell you what quantity of potatoes was
sold off this piece of ground. I cannot tell you when they were removed. I don’
t know whether it was daylight or dark when they were sold; I never saw them.
(Laughter.) I gave him vegetables to be consumed on the premises. I never
allowed anything to be sold out of the garden.

Mr. JAMESON - If you were short of potatoes at your own garden would you not
have stuck at sending to the other garden for them?

Witness - Not at all. When I taxed ROLLINSON with taking the potatoes out of
this garden, he said, “What must I do? I cannot starve during the winter.”

Mr. WANNOP - Were all the onions and potatoes removed?

Witness - No. There were nine beds of onions; five he had taken for himself,
and four he had left for me. But all the potatoes were gone.

Mr. WANNOP - Supposing these potatoes had been going, might he not have
taken them off?

Witness - No, not without my leave. He had the superintendence of my potato
place at home, he might have got potatoes with out my knowing.

Mr. WANNOP - Who keeps the key to yur potato cellar?

Witness - I believe my coachman does at present.

William BLENKINSOPP said - I bought a little few onions from ROLLINSON’s
wife; about three pounds. I bought them at our house. She said they were her
own, and I took them as such. She was at our house at the time. She sold them by
lump; they were to be 2s 5d altogether.

Mr. JAMESON - Did you see the onions?

Witness - No.

Mr. JAMESON - How did they get to your house?

Witness - I don’t know.

Mr. JAMESON - Did you think they came from the cottage garden?

Witness - I thought so, but I didn’t know.

Mr. JAMESON - How, I ask you, did the onions get to your house?

Witness - I don’t know; I didn’t see them come.

James WRIGHT, gardener, said that when ROLLINSON was going to leave the
Thorn, he asked him (witness) to take his potatoes and onions. Witness said, “I’
ll take them into the market and sell them for you.” He did so, and sold them
for £1 7s. Mr. ROLLINSON came to me in the spring for some onion seed. He
said he only wanted a little - it was for himself. I weighed him 4 oz., and gave
him a little over, and he paid for it. It would have taken twice that
quantity to have sown all the onions in the garden.

Alexander GALLOWAY, Mr. UNSWORTH’s new gardener, was called to speak as to
the quantity of seed requisitre to produce the onions in the cottage garden.

Robert COULTHARD, policeman, was at the Thorn on Saturday. Mr. UNSWORTH
asked ROLLINSON what he had done with the potatoes, he said he had consumed them.

Mr. WANNOP said the defence was that ROLLINSON was engaged for £45 a year,
with an increase of £2 a year if he suited, with other perquisites, and this
piece of ground to grow his vegetables upon. The piece of ground was pointed
out to him by Mr. UNSWORTH; an dthe first year Mr. UNSWORTH, made him a present
of the seed, since which the man had bought the seed himself.

Thomas JOPSON, gardener for Mr. RAYNER, was present when the agreement was
made between Mr. UNSWORTH and ROLLINSON. ROLLINSON was to have £45 a year, a
house to live in, and ground adjoining his cottage to grow his vegetables upon,
also a horse to lead his coals from the railway station.

Mr. HOWARD - Who was present when this agreement was made?

Witness - ROLLINSON, Mr. UNSWORTH, and I were present.

After considerable discussion the magistrates consulted together for a short
time when

Mr. HOWARD said they were of opinion that the offence of stealing with which
the defendant was charged in the information, had not been made out; at the
same time it was possible that the defendant might have been guilty of a
breach of contract with Mr. UNSWORTH, which was a matter for consideration of a
civil court.

The decision was received with applause beyond the bar and it was with
difficulty that the police succeeded in repressing it.

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Transcribed by: Ann Selchick, 03/11/2006