Carlisle Patriot, 04 Mar 1826 - Cumberland Lent Assizes (4)

[petra.mi...@doctors.org.uk]

Saturday 04 Mar 1826   (p. 2, col. 4 - p. 3, col. 5)

 

CUMBERLAND LENT ASSIZES, 1826.

 

[continued]

 

HIGHWAY ROBBERY.

 

ROBERT ROBINSON, 38, THOMAS SKELTON, 26, and THOMAS DAWSON, 18, were charged with having, with John FORSTER, feloniously assaulted Wm. NICHOLSON, on the King's highway, put him in bodily fear, &c. and stolen from his person a pocket-book containing cash to the amount of £16.

 

Mr. AGLIONBY stated the case for the prosecution. NICHOLSON was robbed and violently treated by several persons; but though DAWSON and one FORSTER (who had absconded) were clearly identified, and two other men were seen at a few yards distance during the assault and robbery, he believed he should not be able to bring home the offence to ROBINSON and SKELTON with sufficient clearness. Having detailed an outline of the case, as established in evidence, Mr. AGLIONBY called his witnesses.—The prisoners had no counsel.

 

William NICHOLSON, the prosecutor, examined by Mr. PATTESON.—On the 11th Jan. I was at Brampton, at the Pack-horse public-house, in company with John STALKER. Many persons were present: John FORSTER one of them. I went into the street and met with Thomas SKELTON and young RAILTON, and with them I had a pint of ale or two: SKELTON and RAILTON went away soon. Afterwards I went to the Globe, on the invitation of FORSTER, and stayed there until nearly two in the morning. The three prisoners were there; they all came in together, after we had been there an hour or two. I had in my pocket a black pocket-book with 15 one-pound Leith Bank notes and one sovereign. While there, I took the book out, to get change. FORSTER saw the notes; but not being able to get change, I put the whole away again. We left, all together, between one and two. FORSTER set us as far as Joe BELL's, a butcher, and turned back, saying he was not going out of town that night. STALKER and me went on towards Forest head along the road. First a reddish dun coloured dog passed us; then two men came up; one of them DAWSON; can't say who the other was. DAWSON stepped before me, and asked if I would fight him: I refused; then the other got hold of me by the hands, &c., and threw me down, and used me very badly. STALKER ran off. They punched me with their feet, and kept striking at me. FORSTER had a white hat on at the public house. I lay on the ground a little while; and when I was coming to myself, DAWSON came and turned me up, and took my pocket book from my side. They then left me about a minute, and I got to MORRISON's door, at the Coalhouse, when two of them came back and took a white hat off my head, which I had somehow got in the struggle, but which did not belong to me. I cannot exactly tell who these two men were. While they were kicking me, I heard one of them say, "Make him so that he can't ken us again." I went near Milton, and stopped there all night, being much hurt. When the attack took place, two men remained about ten yards behind, but I cannot tell who they were. I have since seen my pocket-book.

 

Joseph NIXON called.—Produced the pocket-book; and NICHOLSON identified it as his.

 

To a question from DAWSON, witness said he could not say he was in the Globe when the money was taken out. Witness knew him a year before.

 

By the Judge—It was rather light. I was neither drunk nor sober. STALKER was soberer than me. We were overtaken about a quarter of a mile out of the town. I had never seen FORSTER before. DAWSON was certainly the person who offered to fight; I had had no previous quarrel with him, but had a few words with a person at the Packhorse about wrestling; none at the Globe. I was hurt all my body over; my head was the worst. I cannot tell why they left me and returned before they took the book. I called out to them to spare my life. STALKER hid himself in a coal-house. I am sure of DAWSON's person: he stepped in before me, and went along before me half a dozen yards; he was taken up the day after. ROBINSON and SKELTON were before the magistrate at the same time. FORSTER had a white hat at the Globe; he was not taken up: he is a bigger man than DAWSON. My own hat was found the next morning in one of the adjoining fields. I can't say that DAWSON was one the two [sic] who took the hat off my head.

 

NIXON, recalled, said he found the pocket-book in Howgate nursery, about a mile beyond the place called the Coalhouse, leading from Brampton towards Milton. The book was empty.

 

John STALKER, (a youth about 18) brother-in-law of the prisoner, was with NICHOLSON as mentioned by him. He spoke to the presence of ROBINSON, DAWSON, and SKELTON, at the Globe, and saw the money taken out. When they went out, they left the three prisoners standing at the Globe door. He also spoke of the attack, and was sure one of them was Thomas DAWSON, whom he well knew by sight. "He began blackguarding us, (said witness) and offered to fight us, but we refused him. The other man did not speak—I saw DAWSON's face. Both seized NICHOLSON, threw him down, and I ran away and hid myself. There were two other men about fifteen yards behind: whom I know not. I came from my hiding-place as soon as I heard that all was quiet, and found NICHOLSON near MORRISON's door, with a white hat on. Two men again came up; one stood back a little, and the other snatched the white hat away; I don't know these two men; they made off towards the town as fast as they could after getting the hat.

 

By the Judge.—I was sober. I am sure that one of the two who attacked NICHOLSON was DAWSON, having known him a year.

 

Margaret ARMSTRONG, servant at the Globe at Brampton, was called to prove the presence of the parties at that house, and so far corroborated NICHOLSON and STALKER. It was past one when they went away, each after the other. She saw the pocket-book taken out by NICHOLSON, on account of a wager: but the prisoners were not there then.

 

John HALL, the landlord of the Globe, was called, and deposed to the presence of the parties at the house. He did not see them go away.

 

George GRAHAM saw the prisoner ROBINSON on the 12th of January; who told him that a man had been robbed; that he heard a man shout murder as he was going over Brampton Sands; that he went up and took FORSTER off the man; and that if the other prisoners would speak the truth, he should get clear. This was the day after the robbery.

 

Robert SLOAN, constable, apprehended the prisoners; could never find FORSTER. Found the three at the bar in Robert ROBINSON's weaving-shop, the day after the robbery. DAWSON did not work with ROBINSON. SKELTON is a nailor.

 

Mr. AGLIONBY said he should refrain from putting in the examinations. The evidence only affected DAWSON. The Judge assented.

 

DAWSON, in defence, told a long incoherent story. He acknowledged that he was present. He went, he said, at the instigation of FORSTER, in order to pick a quarrel with NICHOLSON and STALKER. FORSTER used the former very ill; knocked him down, and afterwards took his pocket-book. This made him cry out, that he would not have been present for a thousand pounds. FORSTER swore at him, and treated his remonstrances with scorn. ROBINSON was present, and also objected to the manner in which FORSTER treated NICHOLSON, and took him off from that person while striking him. Soon afterwards, it was discovered that FORSTER had lost his white hat; and DAWSON told FORSTER that he thought "the white hat would do him in the morning." This induced FORSTER to go in search of NICHOLSON; prisoner also advanced with him; and it was FORSTER who took the hat from NICHOLSON's head. In conclusion, DAWSON said: "I had no notion of any robbery. NICHOLSON, from the blows he got, would have been senseless at the time."—In answer to a question by his Lordship, he said that his master, James CUBBY, would speak to his character, but that person did not appear on being called for.

 

The Judge told the Jury to acquit ROBINSON and SKELTON. DAWSON's case would require their serious attention. There was no doubt of NICHOLSON having been robbed; and the question was, did DAWSON co-operate? They had heard his defence, and must decide whether he was there accidentally or not; or, if willingly, if he went for another purpose, and was there innocently. FORSTER was not on his trial.

 

Verdict: Guilty. Sentence deferred.

 

 

[to be continued]