Carlisle Patriot, 04 Mar 1826 - Cumberland Lent Assizes (2)

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

 

CUMBERLAND LENT ASSIZES, 1826.

 

CHARGE OF MURDER.

 

[continued]

 

Mary ELLIOTT called.—My husband keeps a public-house in Carlisle, and Wm. BELL, the deceased, was a lodger with us on the 28th of September, and had been so some time; the prisoner was also in the house as a billeted soldier. He and BELL were acquainted. On the 28th of September the town was very much crowded. Mr. BELL went to bed about ten at night, but got up again about one o'clock, on account of several persons having been put into his room; he said it was so warm he could not sleep. The prisoner was in the house at the time, intoxicated, and was quarrelsome with different persons. He took a candle, got the keys, and wished to go to the stable: but on being told of his intention, I requested him to give me the keys, which he did, and went up as if to go to bed. He soon returned with a drawn sword in his hand, and brandished it over his head as he stood on the stairs. Some men said if he brought the sword there they would break it. I told him if he brought it down, I would report him to his officer in the morning. He told me that he cared neither for me nor his officer, and would do as he pleased. The deceased desired him to go to bed; shook hands with him, and told him if he would go to bed, he would give him some ale in the morning. Prisoner then came to the bottom of the stairs, and there BELL and others seized the sword and gave it to me. He said something, but what I did not hear, and immediately went up-stairs. I then heard a noise which I believed to be that of MAHON loading his pistol; I therefore desired the persons in the back-kitchen to run out, for fear he should shoot them. I stopped to see them all out; a person named VARTY hid himself under the stairs; and I held the door to prevent MAHON from coming into the front kitchen. He did come to the door, and pulled it, but could not get it quite open. In a short time, I heard the report of a pistol. I soon went in, and there saw VARTY and MAHON lying on  the ground; and BELL was lying at the door shot. VARTY had wrested the pistol out of the prisoner's hand, and was keeping him down. This was at two in the morning: Mr. BELL died in about seven hours.

 

Cross-examined by Mr. ALDERSON, for the defence.—Mr. BELL came into the back kitchen from a back-door. He and prisoner were good friends: he had previously conducted himself very well in the house. At that particular season (the races), many persons were in liquor.

 

Joseph VARTY.—I and one OLIVER were at supper in the house. Prisoner was quarrelling with a man, but not the deceased. The man had fetched him in off the street, and MAHON abused him for it. Mr. BELL asked him to go to bed. He refused, and was very quarrelsome; and the man with whom he disputed went out, saying he was going for the guard. The deceased was sitting next the stairs leading to the soldiers' room, and the prisoner near him. BELL said he would give him some ale in the morning if he would go to bed. He would not go; and deceased took hold of his arm, and led him in a friendly manner to the stairs. Both went up stairs, however, and Mr. BELL came back by himself, and was soon followed by the prisoner, who stood about half way down the stairs, with a drawn sword in his hand, brandishing it about. I did not hear him say any thing. Deceased went to shake hands with him, and pulled him down the stairs in a friendly manner. Two or three more men then assisted the deceased in taking the sword from him. He went a few steps up stairs, and asked for his instrument (sword;) they told him they had put it by, and that he should have it in the morning. He exclaimed, "By heavens! a will fetch your master down," and went up stairs. I heard a jingling. Some one said, "Lord have mercy, run out, he's fetching his pistol." Different persons ran different ways; I hid in the closet just as the prisoner was coming down stairs. The door was not quite close. I saw MAHON cross the kitchen, towards the front kitchen door, with a pistol in his hand, holding it muzzle foremost. Just at this time Mr. BELL came in at the back-kitchen door from the lane in which the house stands. He caught hold of prisoner, from behind, a little below the shoulders, outside his arms, apparently for the purpose of taking the pistol from him. I then came out of the closet, and just as I got up to them, MAHON was turning his right hand, in which he held the pistol, towards the deceased's thigh, which was by the side of that of the prisoner. The prisoner was stooping, and the deceased reached over him, in order to get hold of the pistol. Before it was turned, it pointed towards the kitchen door—and he turned it round by bending his wrist inward, reversing the direction of the muzzle, so as to point it towards BELL's thigh. In this direction the pistol went off. Deceased fell, with his head to the back-kitchen door, and as he lay on the ground, he said he was a dead man, all through his own goodness, but, said he, don't hurt the soldier. I took the pistol from the prisoner.

 

Cross-examined by Mr. ALDERSON.—Witness described the situation of the doors and of the kitchens. It happened while he was crossing the kitchen; the whole took place in two or three seconds; before he got across the kitchen, the pistol was off, though he started as soon as he saw BELL get hold of him. The whole party in the house were greatly alarmed. BELL came up behind the prisoner while he was pulling at the door, with his back towards BELL. No words passed between them till after the wound had been inflicted. The wound was in the left thigh. Leaning over him from behind, he tried to get hold of MAHON's right arm with his right arm; but I cannot say whether his hand was turned round by BELL's pressure or his own voluntary act: the bullet must have passed very near the prisoner's own thigh. The stairs where he stood brandishing the sword are open stairs, and in the back-kitchen: and when deceased first went to him, prisoner did not attempt to do any thing to him, though he had the sword in his hand.

 

By the Judge.—When the deceased leaned over the prisoner, to get hold of the pistol, they struggled. Mr. BELL had MAHON's arms within his.

 

Wm. OLIVER was in the house at the time, betwixt twelve and one. The prisoner was middlingly drunk. He was quarrelling with a person who went away. He saw MAHON on the stairs with a sword in his hand "going through his exercise." Saw him and BELL shake hands. Heard him say, when he brought down the pistol, "By J—s, I've got your master now." Witness did not hear any noise like charging the pistol. After BELL was shot, he heard MAHON say, "If it was Lord Wellington, I would do the same trick over again."

 

By Mr. ALDERSON.—I was in such a confusion I did not take notice whether the constable was there or not.

 

John LING, a waiter at the house, at the time, saw the parties struggling, as described, and while "struggling round, the pistol went off." Mr. BELL having his right arm around the soldier; died not see the position of the pistol.

 

By Mr. ALDERSON.—I saw BELL standing at the door, in the Lane, whence he rushed in upon MAHON.

 

Thomas STOREY, also present, saw the struggle from behind.

 

 

[to be continued]