Saturday 13 Aug 1825 (p. 2, col. 3 - p. 3, col. 5)
CUMBERLAND SUMMER ASSIZES.
CROWN BAR: MR. JUSTICE BAYLEY.
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HANNAH WELLS, aged 48, was charged with having feloniously entered the dwelling-house of Rebecca WOODVILE, in the parish of Moresby.
The prisoner is reputed a person of unsound mind; and on being asked if she was guilty, she said "Guilty of what? How can I tell whether I am guilty or not? They know best; I never stole any thing in my knowledge. They can say nothing of me, if conscience guide them."
The Governor of the gaol stated to the Court, that scince [sic] the confinement of the prisoner, he had had reason to think, from her conduct, that she was insane; but he had just sent for the Matron, who, from her situation, was better able to judge.
A jury was instantly impannelled to try whether the prisoner was of sound mind so as to take her trial for the felony with which she stood charged.
Ann ROUTLEDGE sworn.—I am Matron of the prison. The prisoner has been there about two months, and I have seen her daily during that time—repeatedly in the course of each day. Sometimes she answered questions correctly, and sometimes not. When she gave me an indirect answer, I thought it was from want of intellect. I think, in my judgment, that she is at times insane. She often tells me in the mornings that she has washed herself when she has not. If I ask her if she has got breakfast, she will sometimes say, "I don't know." I never kept her breakfast from her, when she said she did not know.
James MUSGRAVE sworn.—I am a farmer under the Earl of Lonsdale. The prisoner lived in Moresby; I lived with her father for four years, nearly 30 years ago; and the prisoner lived at home then. Her husband and a daughter died, and she got into a low desponding way. The prisoner went to live in a cottage at Parton, and followed washing to maintain her children; but she could not support them, so the parish took them, and turned her destitute. She came to my house, and remained nine weeks; during which time she went out a high window partly undressed: we pursued her, and brought her back. When she came back, she was quite deranged, and we had to tie her down. I took her in a cart to Whitehaven poor-house, where she was also tied down. She was afterwards sent to Newcastle Lunatic Asylum. It is three years, come Martinmas, since she was first in that low desponding way. I think she is very seldom in her right mind. Since she came from Newcastle, she has scarcely ever been in a bed, but has just wandered up and down. Any person who knew her, occasionally gave her vituals [sic]—she had no home—and slept wherever night chanced to find her—often in hay-mows. I came here entirely for the purpose of speaking as to the state of her mind: my wife is her sister. I can honestly take upon myself to say that she is not now in her right mind.
His Lordship here suggested to the witness that his evidence would render her liable to confinement during his Majesty's pleasure.
Witness.—Well, my Lord, she must be taken care of: she is not fit to be left to herself. She can work none; I had her last harvest, but she would not work; I remonstrated with her; but she laid down her sickle, and never appeared to mind what I said, more than if she had not heard me.
Mr. ORRIDGE sworn.—I am keeper of the prison. In consequence of what I heard from the Matron, I questioned the prisoner. I asked her what family she had, and where she came from? but she could not tell. She appeared to me to be out of her right mind; I have no reason to suppose it was pretended.
Elizabeth STAMFORD examined.—I live at Rebecca WOODVILE's. I found the prisoner asleep in the cellar one morning when I got up. We went to bed between 10 and 11 o'clock, and the prisoner had got in between that time and seven next morning: She had got a quantity of wine in the cellar, and was drunk. I have seen her before, but I don't know her. I can form no judgment about the state of her mind.
His Lordship, in summing up, went through the whole of the evidence to the jury. He told them that they were to consider whether the prisoner was in such a sane state of mind at present as to undergo her trial. It was an important inquiry both to the prisoner and the ends of justice. If she was in their opinion insane, she would be confined during her Majesty's pleasure, and might be deprived of liberty for a considerable time. The prisoner, they would observe, had been confined in the Newcastle Asylum. Now, if she had not been insane, they would not have taken her in there. You have heard the evidence brought forward: so, if you think her sane, she will be put upon her trial; if not, she will have to undergo confinement.
The jury immediately pronounced her insane.
MARY TREMBLE, aged 25, was charged with having feloniously stolen and carried away from off a hedge, one shift, the property of Ennice SCOTT, wife of Robert SCOTT.
The prisoner pleaded guilty, and stated to the court that she was married and had four children.
Mr. POLLOCK, counsel for the prosecution, said he was not instructed to say any thing against the prisoner.
His Lordship sentenced her to be imprisoned three months in the county gaol, and to be kept at work.
Thomas Francis CROSS, aged 22, was discharged by proclamation.
A true bill of indictment, was found against Joseph BOWMAN, of the city of Carlisle, for a nuisance.
[to be continued]