Carlisle Patriot, 20 Aug 1825 - Westmorland Summer Assizes (1)

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Saturday 20 Aug 1825   (p. 4, col. 5-6)

 

WESTMORLAND SUMMER ASSIZES.

 

APPLEBY, 16th August, 1825.

 

Mr. Justice BAYLEY arrived at Appleby on Thursday evening last, about nine o'clock, preceded by Thomas BRIGGS, Esq., Deputy Sheriff, and a number of other gentlemen on horseback. The Commission of Assize having been opened, his Lordship was escorted to the Castle in the usual manner. Mr. Baron HULLOCK arrived next morning, when their Lordships attended divine service.—The assize sermon was preached by the Rev. Mr. BIRD, of High-Hoyland.

 

Their Lordships took their seats upon the Bench at 12 o'clock; Mr. Baron HULLOCK in the Crown, and Mr. Justice BAYLEY in the Nisi Prius Court. The Earl of Lonsdale was present.

 

Grand Jury.—Lord Viscount LOWTHER, M. P., Foreman; Hon. H. C. LOWTHER, M. P.; T. WYBERGH, Esq.; Geo. WILSON, Esq.; W. W. C. WILSON, Esq., M. P.; E. HASELL, Esq.; W. CRACKENTHORPE, Esq.; James BROUGHAM, Esq.; T. H. MAUDE, Esq.; R. John HILL, Esq.; John HAMMOND, Esq.; R. FISHER, Esq.; Thomas GIBSON, Esq.

 

His Lordship, in addressing the Grand Jury, expressed his satisfaction at seeing so small a calendar. There were only two cases for their consideration; with regard to the first of which, the prisoner, it appeared had been in connection with a person who died in prison; therefore, after the death of the principal, the case assumed another shape and was no longer a felony: they probably might find for the misdemeanor. The next was a case of manslaughter: it did not appear to his Lordship to amount to more than that; although, perhaps, it might turn out to be one of a very aggravated description.

 

JOHN WILKINSON, aged 36, charged with feloniously killing and slaying John LOADMAN.

 

Mr. COURTENAY stated the case to the Jury. The deceased and the prisoner were paupers, and resided in the same yard in Kirkby Stephen. The fourth of July last, was hiring day at that place, and it was well known that at such times people drink intoxicating liquors in very inordinate quantities. About 12 o'clock in the night of that day, the prisoner went into a public house kept by a man called FARADAY, and in about half an hour afterwards the prisoner also came in, when some words passed between them. The deceased said, "I have not done as thou—spent eight hundred pounds, and come to the parish at last." The prisoner struck the deceased, who fell, and he then kicked him severely with his feet on various parts of the body. The deceased was taken home in a very weak state, and he died shortly afterwards.

 

William GUY sworn.—I was at FARADAY's public-house, on the night of the 4th of July, between twelve and one o'clock. The prisoner came in freshish in drink, and the deceased came in about half an hour afterwards: he was freshish in drink too, and his face was bloody above the right eye. The blood seemed to be dry. WILKINSON was sitting in the corner, and said something to the deceased, who got up and went towards him. When he returned to his seat, he was followed by the prisoner. The old man (the deceased) said "I hennit duin as thou's duin—spent eight hundred pounds, and come to the parish at last." The prisoner then struck the deceased twice over the head and neck, and then first with one foot and then another. The old man drunched down upon a chair and a form, and the prisoner hit him with his feet in that situation; the landlord came in and lifted him up. He seemed a dead weight, and said he wished to be carried home. Deceased never offered to strike prisoner.

 

Cross-examined by Mr. WILLIAMS.—The first blow he hit him plump over the side of the head; and he seemed, you know, to follow about th' seame spot. He hit him o't side of his head at his ear was on. I did not see the deceased drink any thing in the house.

 

Stephen LOADMAN was in the house in the night in question. The account given by the last witness is true.

 

By the Judge.—I saw the first blow struck on the side of the head, and the second about the same place.

 

Richard FARADAY gave similar evidence to the former witness. He assisted the deceased home—he walked as a drunken man would do, only partly using his limbs.

 

Thomas WILSON, surgeon, called.—I saw the deceased after he was taken out; he was lying in a comito state.—Mr. COURTENAY: By that, I suppose, you mean in a state of weakness and debility? Witness: I do; some blood was upon his cheek, which I apprehended to have come from his eye-brow. I felt his pulse—it was slow, and I thought him intoxicated, and that he would recover. In a short time discolouration began to take place, and the lower jaw to drop; then his pulse ceased. I examined him as much as I could, and felt about his heart—what more could I do? I found no marks upon his head, but what he had got in the afternoon. I judge from supposition, that either concussion of the brain, or the bursting of a blood vessel, to have been the cause of his death. By concussion I mean a commotion of the brain.

 

Cross-examined.—His head was not opened—it is a speculative opinion which I give. It may take some hours to kill a man by the gradual oozing of blood upon the brain.

 

By the Judge.—A fall in the afternoon may have resulted in his death in the evening.

 

Mr. COURTENAY: What are the symptoms when death is occasioned by the gradual effusion of blood upon the brain? Witness: In such case, sickness will take place, and the symptoms may vary—pulse sometimes slower, and there may be an intermission.—Mr. COURTENAY: Well, what else? Go on Sir. Witness: I cannot recollect all now.—Mr. COURTENAY: Yes, you can. Witness: Is it proper, my Lord, that I should answer these questions? I have told him all I can.

 

The Foreman of the Jury: Did you find by his pulse any symptom of approaching apoplexy: Witness: I did not.

 

By the Judge: You were already there, it appears—ready upon the spot? Witness: I came from a place, my Lord—a public-house; and the door unfortunately being open, I went in and sat down in the corner.

 

Mr. THOMPSON, surgeon, sworn.—I examined the person of the deceased the day after his death. There was a mark over his eye, but no marks about his head. I cannot say whether a man might receive a blow which would occasion his death, and have no outward mark of such violence.

 

Cross-examined—In my opinion, the deceased met his death either by the rupture of a blood vessel, or by concussion. Had the head been opened, I should have ascertained the cause.

 

Judge: It would be well if, in future, you would take some regular proceedings, in order to ascertain the cause of death of individuals in such cases.—Witness: We were quite ready to do so, my Lord; but were not requested either by the friends of the deceased, or by the Coroner's Jury.

 

The case for the prosecution being finished, the prisoner declined saying any thing in his defence; but his counsel called the following witnesses:—

 

Edward CUMPSTON sworn.—I am a tailor in Kirkby Stephen, and saw the deceased come out of his house, and fall down a number of steps with his head down bank, until he came to the bottom. He came into WILKINSON's, and said some body had struck him; he would needs quarrel with me. He fell down the steps: he fell off one step upon the second, and then went all the way to the bottom, head down bank.

 

By the Judge.—He fell backwards, but somehow turned around, and hit upon his eye.

 

Mary CUMPSTON.—The deceased came into my daughter's house on the night that he died: he stoopt, and said "what hae they duin to me?—oh! what hae they duin to me? What hae they duin to me, woman, oh! woman, oh!"

 

Mr. WILLIAMS.—What signifies repeating it so often.

 

Several witnesses were called, who gave the prisoner a good character for steadiness and good nature.

 

His Lordship then summed up the evidence with great impartiality; and the Jury, after a short deliberation, returned a verdict of Not Guilty.

 

 

[to be continued]