Carlisle Patriot, 23 Oct 1824 - Cumberland Sessions (2)

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Saturday 23 Oct 1824   (p. 3, col. 1-4)

 

CUMBERLAND SESSIONS.

 

[continued]

 

VIOLENT ASSAULT.

 

Mr. AGLIONBY, addressing the Bench, said a bill had been found against a man named Thomas TEMPLETON, for an assault, who was in custody, and had the option of taking his trial now, or postponing it. TEMPLETON appeared at the bar, and said that he had been in custody, and had not been able to bring up his witnesses; nevertheless he would now take his trial, and submit himself to an honourable Bench, and a merciful Jury. The other side had brought some women to swear against him, one of whom, he thought, ought not to be admitted as a witness, as she was the sole cause of all the mischief.

 

Mr. AGLIONBY then stated the case for the prosecution. TEMPLETON, he observed, stood indicted for one of the most brutal assaults he ever heard of, committed on the person of Mrs. ROGERS, of Whitehaven, a most respectable woman, (sister to Mr. BROCKLEBANK of Whitehaven,) the owner of several houses in that town, and of an estate called Gosforth-Hall, near it. In the beginning of the present month, Mrs. ROGERS went from Whitehaven to Gosforth-Hall, where she occasionally resided, taking with her two young women. Soon after her arrival, the Defendant chose to take offence about the slate of a grate, and proceeded to the commission of the outrage which he would establish by the clearest evidence.

 

Mrs. ROGERS called and sworn.—I occasionally reside at Whitehaven, and have an estate at Gosforth Hall, where the defendant resided, in order to take care of the house and my cow while I was at Whitehaven. I went thither on the 9th of October, accompanied by Miss ROPER, a mantua-maker, who was going to work for me, and my servant, Jane CARRUTHERS. On the evening of the 12th, I was standing at the door, and as TEMPLETON was coming up the yard, I asked him what he had done with the piece of slate belonging to the grate? He said he had put it away, that it was no business of mine, and I had nothing to do with it. He entered the kitchen, drew a chair before the grate, and seated himself in front of it. I said it was very hard that I could not do as I pleased in my own house. He threatened violence if I came near the fire. I went to the grate to widen it; and he put it together again. He clenched his fist, struck me in the neck, knocking me over into an arm chair with such violence that the chair upset and fell to the ground with me. I got up and again went to him, and he struck me several times in the neck with the tongs, and then put them across my neck, squeezing them together, and exclaiming, "G— d—— you, I'll choke you!" The servant, Jane CARRUTHERS, came in to my assistance, and tried to get the tongs, when he struck her in the neck, and knocked me down a second time, by violently kicking me in the knee with his clog, crying, "D—— thou, take that!" After this the servant ran out of the house for aid. He stood over me some time, as I lay upon the floor unable to get up, and then he went and tied the door on the inside, to prevent any one from entering. The neighbours at last came, and got in. I was very much hurt. The blow in the neck was severe; and my arms and knee are still black.

 

The Defendant put some questions to Mrs. ROGERS, implying that she had agreed to let him have the premises (the kitchen, &c.) for half a year, but she denied any promise or contract to that effect.

 

Defendant.—She never got a blow from me in her life. Jane CARRUTHERS is the sole cause of all the disturbance, and she ought not to be examined as a witness.

 

Jane CARRUTHERS sworn.—I went to Gosforth-Hall, as stated by Mrs. ROGERS. When the assault took place, I was in another part of the house, washing the tea-things opposite the fire. The first thing I saw was my mistress lying upon the floor, a chair, upset, lying by her, and TEMPLETON standing over her. Then I saw him strike her several times, and saw the tongs round her neck. Then he struck me, but I got the tongs from off her neck. He next kicked her on the cup of the knee, with his large country clogs, and she fell. I ran out for assistance. When I came back the door was tied—the door communicates between the farmer's house and the Hall—I heard him shut it. Not being able to get in, I went and looked in at the window, and saw my mistress lying near the chimney, with her feet to the fire, he walking about. I was the first who got in and lifted her up. She was quite senseless. Her neck, knee, and leg, were very much bruised.

 

Defendant.—I did not strike here (CARRUTHERS), but I would have pelted her if I could have got at her! (A laugh.)

 

Mary ROPER, the mantua-maker, was at work up-stairs, and ran down on hearing cries of murder. When she first came down, Mrs. ROGERS and her servant were struggling on the floor. The old man seemed to be in a great passion. Witness saw him lift his foot and kick at something, but at what she could not distinctly see from the bottom of the stairs, where she then was. Mrs. ROGERS was very much bruised indeed, and her arms, &c. were still much discoloured.

 

The defendant declined asking this witness any questions—he believed, he said, that she had spoken the truth.

 

This was the case for the prosecution.

 

The Defendant said a few words to the Jury, but called no witnesses, though he professed to have had plenty of evidence at home. He said it was a very hard case that he could not have his liberty in his own house. "I agreed with her," said he, "for the back kitchen, and we could not so much as go near our own fire."

 

The Jury agreed with the Chairman that it was unnecessary to sum up the evidence.

 

Verdict, Guilty without the least hesitation.

 

Mr. AGLIONBY, in aggravation, now re-called Jane CARRUTHERS to prove that, since the assault, she had heard TEMPLETON say, in anger, that he "would take care of Mrs. ROGERS in house or field, by night or by day—(a laugh).

 

He was sentenced to six months imprisonment in Carlisle gaol, and to find security in £20, for good behaviour for six months afterwards.

 

JOHN COCKBAINE pleaded guilty to an indictment for an assault upon Thomas NEWTON. There was no prosecution. Fined 1s. and discharged.

 

 

[to be continued]