Carlisle Patriot, 04 Mar 1826 - Cumberland Lent Assizes (6)

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

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

 

CUMBERLAND LENT ASSIZES, 1826.

 

[continued]

 

SHOP-LIFTING.

 

MARY GRAHAM, of Carlisle, wife of Robert GRAHAM, labourer, and HANNAH ENVEY, wife of John ENVEY, labourer, alias Hannah BLAKELEY, single-woman, alias Hannah COOPER, were indicted for stealing one pound of tea, the property of Mr. Jos. CLARKE, grocer, Carlisle, on the 14th of January last.

 

BLAKELEY was discharged from gaol, by proclamation, at the late City Sessions,—only the Monday preceding the Sunday on which the alleged offence was committed.

 

Mr. AGLIONBY stated an outline of the case, and called the prosecutor to substantiate it.

 

Jos. CLARKE.—On the 14th of January, the prisoners came into my shop, and GRAHAM asked for a quarter of an ounce of tea. I turned round towards the shelf to take down the cannister. On the counter several parcels lay, and one on the top containing a pound of tea; that parcel I saw GRAHAM take up, hand it quickly to ENVEY, and she, in turn, gave it to a third, whose arm only I saw within the door. I said nothing; but getting between the prisoner and the door, kept them in. They pushed me about, to get away, and I was obliged to knock GRAHAM down. Afterwards, when in the kitchen, ENVEY said she would get the tea again, but GRAHAM said, "No, d—n you, you shall not get it." The constable came and took the prisoners away.

 

Mr. COURTENAY cross-examined Mr. CLARKE, on behalf of the prisoners, in considerable detail, but elicited nothing material. There was a child in the shop, when this happened, buying some prunes; she was not in court. He did not take GRAHAM's ear-rings out of her ears; but one broke in her fall; neither did he take her comb. He did not search either of the prisoners. Part of the ear-ring was afterwards found on the shop-floor, and was returned to GRAHAM.

 

Mr. COURTENAY asked Mr. CLARKE, if he did not offer one Martha DUNCAN, on Saturday last, a guinea to swear that the prisoners had stolen the tea.

 

Mr. CLARKE.—Oh, I know what you mean. No, I never did such a thing.

 

Mr. COURTENAY.—Well, that's an answer.

 

Mr. CLARKE.—Aye, but you have asked me a question and you shall hear the answer. On Saturday, a woman came to me two or three times, and wanted me to drop the prosecution; but I refused, and—

 

Mr. COURTENAY.—I hope my Lord will stop you.

 

Mr. Baron HULLOCK.—I can't stop such a tongue as this. (A laugh.)

 

Mr. CLARKE persisted in relating the whole of his story. DUNCAN's visit appears to have had for its object the stopping of the prosecution, or the entrapping of Mr. CLARKE into some impropriety. It completely failed.

 

Both the prisoners declared their innocence. They complained of Mr. C's treatment, and asserted that he offered to let them off if they would pay 3s.

 

A man, named John SEWELL, was then called on behalf of the prisoners. He deposed: I know GRAHAM; she keeps a stall in the market. On the morning of the day on which she was taken up, I bought a waistcoat of her, paid her in part, and was to pay the remainder in the evening. I was near at hand when she went into Mr. CLARKE's shop, waiting to settle about the waistcoat. As they went in, a young woman came out. I was near the door; there is a gas-lamp there, and it was lighted. The first thing I observed was a confusion in the shop: I saw CLARKE handling the women very roughly; GRAHAM in particular. I did not see a third woman with her hand at the door; if any one had been there, I must have seen her. I cannot tell whether Mr. CLARKE was sober or not.

 

Cross-examined by Mr. AGLIONBY.—I have known GRAHAM six years; the other woman, for a less period. When I heard CLARKE accuse them of stealing tea, I did not go near, but went a step or two farther off! I did not help Mr. CLARKE to apprehend them. The person who came out was a woman, not a child. I stopped till there was a gathering at the door, and then I went away. I knew that they were taken at the Mayor's, but I did not then go and tell what I have said now.

 

"Martha DUNCAN" was called, but did not appear.

 

Mr. CLARK [sic] re-examined by his Lordship.—The hand that I saw at the door appeared to have been that of a woman, because it was bare. I value the tea at 6s.

 

The Judge, in going over the evidence, said it was for the Jury to decide whether they thought CLARKE's testimony affected by that of SEWELL. If they acquitted the prisoners, they must of necessity believe the whole of Mr. C.'s story a gross perjury. On the other hand, SEWELL, even crediting what he stated, only saw matters partially; it was quite consistent that he might have been in a mistake. Still the prisoners were entitled to the benefit of all doubts.

 

The Jury instantly found both the prisoners Guilty.

 

They seemed surprised at the verdict; evidently expecting a more favourable issue to the brazen defence.

 

By desire of the Clerk of the Arraigns they prayed the benefit of the statute.

 

His Lordship immediately passed sentence. He said they had been most properly convicted; and had greatly added to their crime by the shameful defence set up. He felt obliged to say that he did not believe one word of what SEWELL had sworn to.

 

Sentence: Six months' imprisonment in Carlisle gaol, and hard labour.

 

The following prisoners have also taken their trials; but we can this week merely state the result: we shall give the details in our next:—

 

David BAXTER, charged with killing and slaying John CRONE, at the Globe Inn, Caldew-Bridge, on the 29th of December last. Found guilty of Manslaughter. Fourteen days' imprisonment in Carlisle gaol.—The prisoner, on hearing the indictment read, fainted, and fell to the ground, but soon recovered.

 

Sarah JEFFERSON, 40, charged with stealing a basket containing butter, eggs, and a great coat, from the market-cart of Mr. Thomas ROWLANDS, as he and his family were riding in it through the streets of Carlisle on a market-day. She at first pleaded guilty, but retracted her plea, on the recommendation of the Judge, and was finally acquitted, under peculiar circumstances. Report next Saturday.

 

John HOGGART, 40, was found guilty of stealing an ass, the property of Edward JAMES, blacksmith, Gaitsgill.—Twelve months' imprisonment in Carlisle gaol, and hard labour.

 

John NICHOLSON, 22, charged with stealing five pieces of iron, the property of Messrs. R. W. & R. PORTER, of this city.—Acquitted.

 

Jane STUBBS, 82, charged with knowingly receiving stolen goods.—Acquitted.

 

Ann GRAHAM pleaded guilty to a charge of stealing a cloak, the property of Wm. HARLEY, value 4s.—Sentence deferred.

 

True bills were found against Wm. MOOR for felony and perjury. He will be put upon his trial this morning.

 

Several Bills were also found for non-repair of highways.

 

Ann GRAHAM, admitted evidence in the case of M'CORMICK, was discharged by proclamation.

 

 

[to be continued]