Carlisle Patriot, 11 Mar 1826 - Cumberland Lent Assizes (22)

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

Saturday 11 Mar 1826   (p. 2, col. 6 - p. 3, col. 6; and p. 4, col. 1-3)

 

CUMBERLAND LENT ASSIZES, 1926.

 

[continued]

 

ANN GRAHAM, aged 47, pleaded guilty to a charge of stealing on the 23rd January, one grey frieze cloak, of the value of 15s., the property of Wm. HARLEY.—Sentence: Imprisonment in Carlisle gaol for three calendar months.

 

MAHON, the soldier, convicted of manslaughter, was brought up on Monday morning to receive sentence. The Learned Judge thus addressed him:—"Prisoner at the bar: I am well pleased with the verdict of the Jury which pronounced you guilty of Manslaughter, because, most certainly, it does not appear to me that in point of fact or in point of law a verdict of wilful murder would have been correct. But although you have thus been convicted of manslaughter only, you have been guilty of an offence of great enormity. It is true that no one who heard your trial can entertain the slightest notion that you originally intended violence against the deceased in particular, yet it is equally clear that you intended general violence. Some points of the case bore strongly against you, and tend to show that you actually fired the pistol; there are other points which weigh considerably in your favour. The whole of the misfortune of that night, however, originated in your own conduct, your intemperance and violence. But the character that was given you, entitles your case to the merciful consideration of the Court. That character was good; your Captain spoke of you as a good man and a good soldier; and in your future life I would have you always to bear in mind that that testimony is of great service to you this day. It certainly was at first my intention to have sent you out of the country for the remainder of your life. That I shall not now do. Yet justice must be done—the claims of the law must be satisfied. For your own sake, as well as the sake of others, you must be severely punished. The judgment of the Court is, that you be confined nine months in Carlisle gaol, and be kept to hard labour." On hearing this sentence, the prisoner appeared to be highly pleased; he had evidently expected transportation for a long period, if not for life. There was a loud buzz in the back part of the Court-house, but no open expression of feeling. It is to be hoped that his Lordship's leniency will produce a proper effect.

 

Sentence of death was "recorded" against DAWSON. He will probably be transported.

 

JONAH HOGART, aged 40, was charged with having stolen, on the 8th of January last, an ass, the property of Edw. JAMES, a blacksmith, at Gaitsgill.

 

Mr. COURTENAY addressed the Jury. He said he scarcely needed to say any thing on the case which he was about to lay before them, as the evidence he should produce would render it as brief and as clear a one as ever came before a Court.

 

Edward JAMES, the prosecutor.—I lost an ass for about six or seven weeks, which I had had for above a year. At length, I received some information, and found the animal after considerable search. A man, whose name was M'CLELLAN, drove it into the village, and I saw it and challenged it. He said he bought it of a man. I told him to take the burden off its back, and I would soon tell him if it was mine; but he seemed unwilling. when I was going to remove the burden, he took it off himself. I then said to him, "this is my ass:" I knew it to be mine both by the action and the look of it; for I had cut both the tail and the mane—(His Lordship enquired of the witness if the ass was present all the time? The witness, not hearing his Lordship, or from the want of comprehension, replied, yes, my Lord, there were three of us! (a laugh)—meaning M'CLELLAN, himself, and his son, who had given the father information that a man was driving their ass through the village.)—I told him also, that if he would take the halter off the head of the animal, and let it go, he would see it would go directly to its own stable; and that if it did not, it was not mine, and I would give it to him, and he might keep it! (A laugh.) He took the halter from the animal's head, my Lord, and it went, through a crowd of 40 or 50 people, as directly to the stable as ever it could go! (Laughter.) Now, says I, to the man who drove it, you see this ass is mine! (Considerable mirth.)

 

William M'CLELLAN.—I was driving an ass, which Edward JAMES claimed. I bought it of Jonah HOGART for 10s.: he said he bought it of a potter in Skelton.

 

Bernard QUICKLEY.—I made enquiries of the prisoner's wife after the ass, on the Sunday evening before M'CLELLAN bought it.—(The Court objected to any conversation between the witness and the prisoner's wife being received as evidence, as the prisoner was not present at the time.) The prisoner ordered his boy to give the ass to M'CLELLAN; but I did not see the bargain made; nor hear the prisoner say where he got it.

 

On being asked what he had to say in his defence, the prisoner commenced telling a long, imperfect, and very improbable story. He persisted in stating that he bought the ass of a potter for 11s.; that he afterwards lost it, and saw the one he sold M'CLELLAN, near Dalston, and thought it was his, so he then took it up and afterwards sold it. He said, Mr. WATSON of Newlaiths Hall told him that the ass had been running about the road for some time, and that if it was not taken care of, it should be taken up and put in the pinfold; but he felt quite convinced, he observed, that it was his, and he took it and sold it with that conviction on his mind.

 

The prisoner is employed in distributing numbers for one of the book-agents in Carlisle; and when asked if he had any one to speak in favour of his character, he said there were several who could speak for him, but none of them were present. Mr. Jos. STRONG (one of the Jurymen,) he said, knew him, and might speak if he chose. Mr. STRONG, after being sworn, stated to the Court that he had known the prisoner about 26 years, and never knew him commit any theft before.

 

His Lordship summed up the evidence, and the Jury immediately pronounced the prisoner Guilty of Felony.

 

The Judge then told the prisoner, that animals were a kind of property very much exposed to depredation; and to convince the prisoner that he had no right to take that which belonged to another, the sentence of the Court was, that he should be confined in Carlisle gaol for 12 months, and kept to hard labour.

 

 

[to be continued]