Carlisle Patriot, 04 Mar 1826 - Cumberland Lent Assizes (10)

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

 

CUMBERLAND LENT ASSIZES, 1826.

 

NISI PRIUS BAR.

 

[continued]

 

FORSTER v. BARNES.

 

Mr. SOWERBY opened the pleadings, and Mr. AGLIONBY addressed the Jury. It was an action, he said, which the plaintiff, Mary FORSTER, had felt herself compelled to bring against Mr. BARNES, the defendant, for the recovery of twelve guineas, as wages, while serving him for a period of two years. He felt some little difficulty in proving the contract, because it was made by Mrs. BARNES, who was since dead: but he would show that the plaintiff was in the service four half years, at the rate of three guineas each. Under these circumstances he was really at a loss to divine what defence could be set up. Seeing, however, an array of counsel on the other side, it became his duty to notice what would probably be attempted as an answer to his case: and he would venture to say that a more ungrateful and atrocious defence had seldom been set up. They would aver, he understood, that certain sums of money had been paid to the plaintiff, for which credit ought to have been given. True it was that money had been paid; but he thought his learned friend (Mr. ALDERSON) would fail in shewing that it had been paid as wages. It would appear that FORSTER had lived with the defendant as sole servant. She hired at Caldbeck, and removed with him to Botcherby, where Mrs. BARNES died, having received from the plaintiff the most assiduous attention during her last illness. Subsequently, the poor girl had the misfortune to fall a prey to this old man, and became pregnant by him: she was therefore forcibly removed to her own parish, at Lanercost, and in consequence, of course, payments were made, which, he presumed, were to be set up—

 

Mr. ALDERSON.—I am not going to set up these payments as the payment of wages.

 

Mr. AGLIONBY.—I am very glad of it. I am happy, Gentlemen of the Jury, at being relieved from the necessity of going into this part of my case.—After the plaintiff's delivery, she returned to Botcherby, (but not to the defendant's house,) and was there taken ill in consequence of her confinement, and there also payments were made. Perhaps my learned friend will—

 

Mr. ALDERSON.—I must really beg my friend not to assume what I mean to do, but to wait and see what it is I shall attempt to prove.

 

Mr. AGLIONBY.—Very well, then, I will bring my observations to a close, and adduce my evidence.

 

Joseph SCOTT called.—I live in the parish of Sebergham, and know Mary FORSTER, and that she entered into the plaintiff's [sic] service about three years ago, at Caldbeck—it was near Candlemas. I was present when she was hired. She asked six guineas a year; Mr. BARNES said it was too much for their work, but Mrs. BARNES said she wished to have the girl, and she would make the sum up.

 

Cross-examined by Mr. ALDERSON.—From Caldbeck, they went to Botcherby. She lived at Manchester once, but I don't know whether after or before this.

 

Mr. Wm. WOOD.—I know the parties. I remember Mr. BARNES coming to Botcherby about Candlemas, 1823, but I am not quite certain as to the year. Mary FORSTER lived with him when he came. His wife died in about five weeks after arriving. FORSTER was the only servant in the house. After this, Mary FORSTER lived in the house twelve months, or more.

 

By Mr. ALDERSON.—I will swear that she was at Botcherby more than twelve months. She was removed, when with child, by an order, as the overseer took her away. She went to the parish of Lanercost; and afterwards proceeded to Manchester, I understand, as a servant. I know that Mr. BARNES was married again a short time ago. FORSTER for some time has lived at Scotby with Mr. HILDEBRAND.

 

Mr. AGLIONBY.—Is this Mr. BARNES's fifth wife?

 

Mr. B. HULLOCK.—There is no issue upon that.

 

John ARMSTRONG, constable, apprehended Mr. BARNES on account of the bastardy, and when before the Magistrate, he said he owed FORSTER something, and that he would settle it after. Could not tell the date.

 

This was the plaintiff's case.

 

 

[to be continued]