Carlisle Patriot, 23 Jul 1825 - Westmorland Sessions
petra.mi...@doctors.org.uk
Saturday 23 Jul 1825 (p. 4, col. 3)
WESTMORLAND SESSIONS.
The General Quarter Sessions for the east and west Wards of the County of Westmorland, were holden at Appleby, on the 11th inst. E. W. HASELL, Esq. in the Chair.
Samuel CHATTERLEY was put to the bar, charged with stealing a copper tea kettle, of the value of ten-pence, the property of William ADAMTHWAITE.
Mr. COURTENAY stated the case to the jury. The prosecutor, who is an innkeeper in Appleby, lost a copper tea-kettle on the 21st of May last. In the afternoon of the day the kettle in question was found in the possession of the prisoner, who sold it to a journeyman of Mr. HODGSON, a tinman, residing in Appleby: and unless the prisoner at the bar could satisfactorily shew that he came honestly by it, such possession, according to the law of the land, implies him guilty of stealing it. When the prisoner was interrogated as to the manner in which he obtained the kettle, he said that he had bought it at the sale of Mr. HUDSON. Now that could not be—for he (Mr. C.) would call the servant of Mr. ADAMTHWAITE, who would identify the kettle, and who cleaned it the day before that on which it was stolen.
W. ADAMTHWAITE—I am an innkeeper. On the 21st of May last I missed a copper tea-kettle; I saw it again on the Tuesday following, when it was brought to me by John SARGINSON the constable.
Grace ROBINSON—On the 21st May last, I was in the service of Mr. ADAMTHWAITE; I missed the kettle on the afternoon of that day, and my mistress the following morning. It was hanging on a crook in the kitchen, and about two o'clock in the afternoon my attention was called to it by a man hitting his head against it—which circumstance caused me to notice it particularly at that time. The kettle now produced is the same which was stolen; I know it by these two marks (pointing them out.)
Cross-examined—There are two marks, one of which is at the handle. My husband was ostler on that day. I was always on the premises. I know a woman called PALMER, who was in the House of Correction upon a charge of stealing the same kettle. I did not see the woman carry the kettle away.
James SAUNDERS—I am journeyman to William HODGSON, who is a tinman. The prisoner at the bar brought the kettle, which is produced, to my master's shop, between the hours of 3 and 5 in the afternoon of the 21st of May last, and I bought it of him. I delivered it to John SARGINSON, the constable.
John SARGINSON—The kettle produced is the same which I received from last witness.
William ADAMTHWAITE re-called—The kettle is my property, and the one which was stolen from my house. It was worth four or five shillings.
James SAUNDERS re-called by the Court—The prisoner appeared to be drunk when he sold the kettle.
John ROBINSON—I am ostler to Mr. ADAMTHWAITE, and was employed about the premises on the 21st May last. On that afternoon I saw a woman going down the yard with a tea-kettle, which she set down in a corner. I passed by her without speaking, and went into the stable: when I came out she was gone.
Cross-examined—When the woman put the kettle down, she stooped as if to tie her shoe-string. I did not see her after, did not know whose kettle it was, and therefore had no suspicion. I should not know the kettle again.
Mr. AGLIONBY was of opinion that this was not a case to go to the jury, there being no evidence that the prisoner had stolen the kettle.
Mr. COURTENAY.—What have the witnesses all been swearing about? I contend that there is sufficient evidence—the kettle is stolen, and shortly afterwards found in the possession of the prisoner, who cannot satisfactorily shew how he came by it, and therefore the law implies him guilty.
Mr. AGLIONBY.—It is a point of law in which I agree with my learned friend, that when stolen property is found in the possession of any man, the law implies him guilty, unless he can properly account for it. But in this case, the prisoner is the receiver, not the thief. There is no count in the indictment charging him as the receiver; and he is, therefore, entitled to an acquittal.
The Chairman.—I am of opinion that there is evidence to go to the jury. Prisoner, what have you to say in your defence.
Prisoner.—I never stole it, and was not on the premises.
The Chairman having summed up the evidence with great care, the jury, after a short deliberation, returned a verdict of guilty; but recommended him to the consideration of the Court.
Mr. COURTENAY.—It is my duty to represent to the Court that this man has already been twice convicted of burglary.
Mr. AGLIONBY.—And it is also my duty to call the attention of the Bench to the recommendation of the jury in his behalf.
The Chairman then addressed the prisoner to the following effect:—"Samuel CHATTERLEY,—You have been convicted of stealing from a fellow-townsman, a very useful household utensil; and in order to protect the property of the public it is out duty to inflict such punishment upon offenders of your description, as may operate as an example to others. We are sorry to learn that your character has been previously very bad; and that you have before been convicted of offences of a much more serious description than that of which you have been found guilty to day. The jury, however, having recommended you to our consideration, we are willing to hope the punishment to which you will be sentenced will have its proper offset; and that at the expiration of your imprisonment, you will return to society a reformed and altered man. The sentence of the Court is that you be imprisoned in the house of correction, Appleby, and kept to hard labour for the space of three calendar months."
Prisoner.—Thank you, Sir.
At Kendal Burgh Sessions, John BIRKES, was found guilty of robbing Jos. WOOD, of Calgarth, of his pocket-book in Kendal fair. Six months' imprisonment and hard labour. George POSTLETHWAITE, convicted of stealing wearing apparel at Kirkby Lonsdale, received a like sentence. John WILSON, found guilty of stealing tobacco from the warehouse of Messrs. GAWTHROP and BROCKLEBANK of Kendal, was ordered to be imprisoned one month.—At the adjourned County Sessions, there was not a single prisoner for trial: but at the Burgh Court of Record, a cause came on which excited some fun: we allude to the case "MILLS versus BRAITHWAITE," about a pipe and a pot. John MILLS went into Thomas BRAITHWAITE's the sign of the Duke Charles, to have a pipe and a pot. A squabble ensued, and a pipe was broken, which piped up fearful war. The landlord wished to have payment for his pipe, and J. MILLS to be piping somewhere else. John indignantly threw down a half-penny and wanted change, the landlord as indignantly hurled the half-penny at John, hit him above the eye, and the claret flew (so it was said) freely about the room; this grogified John, (we don't mean that he was drunk, it is a slang term signifying the man was hard hit.) John, without getting change out of his half-penny as pay for the pipe, now began piping in reality, and sent for a doctor. The leech and the lawyer soon piped up John an account of nine pounds. John then thought it high time to pipe all hands to raise the wind and get the money, and appeared this day in Court, laying his damages at £9. The Court and the Jury marked their sense of the conduct of John and his friends, by giving him change out of the half-penny for the pipe—One Farthing Damages. The Court not certifying for costs, each pays his own. John will now think it would have been better if he had let the pipe and pot alone.
Cathy DiPietro
petra.mi...@doctors.org.uk
Hi Cathy,
Glad you enjoy the newspaper transcriptions!
I’ve had a look in Nev Ramsden’s Copeland Registers Index – he indexed all the parish registers in the Copeland area in decades of hard work!
There is the following baptism, which is likely to be your Ann:
Baptised 15 Sep 1772 at Egremont: Ann GELDART, daughter of Leonard, dyer.
Egremont is not far from Whitehaven.
Petra
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Cathy DiPietro
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Subject: RE: [GENEALOGY - CUMBRIA] QUERY - Geldert, Carlisle in Whitehaven, Cockermouth
Cathy DiPietro
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petra.mi...@doctors.org.uk
It would have been the parish church in Egremont, St. Mary & St. Michael.