Carlisle Patriot, 16 Jul 1825 - Carlisle City Sessions (2)

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Saturday 16 Jul 1825   (p. 4, col. 2-3)

 

CARLISLE CITY SESSIONS.

 

[continued]

 

The notes were put in: they exactly answered to the description given by the witnesses. The examinations alluded to were also put in and read by the Town Clerk as follows:—

 

"City of Carlisle to wit: The voluntary examination of John HARDCASTLE, taken before one of his Majesty's Justices of the Peace for the said City this 27th day of May, 1825: who saith that this morning about ten o'clock, he met with a person he believes of the name of James MORRISON who asked examinant to have a glass, and he said he would. After they had had something to drink, MORRISON requested examinant to take a walk with him and get some whiskey. MORRISON requested examinant to take care of £9, which examinant refused to do, but advised him to put it into a stocking leg, which he did. MORRISON afterwards requested examinant to go back to where they had been before, which is a house kept by one Hannah WINTHROP in Ritson's Lane. After they went in, MORRISON called out for some whiskey, which WINTHROP brought them. Examinant told the prisoner, DRAPER, that MORRISON had some money in his stocking leg. MORRISON and DRAPER went into an apartment together, and in about a quarter of an hour she returned with some notes which she said she had got out of MORRISON's stocking by cutting it. She showed them to WINTHROP. Examinant demanded them from her, and got a five pound note and a one pound note, the same that he has now delivered up.     JOHN HARDCASTLE."

"Taken before me, JOHN HODGSON, Mayor."

 

"City of Carlisle to wit: The voluntary examination of Sarah DRAPER, taken before me, John HODGSON, Esq. Mayor, one of his Majesty's Justices of the Peace for the said City, this 27th day of May, 1825: who says that she sometimes stops with Hannah WINTHROP, who keeps a house in Ritson's Lane; and a person she believes of the name of James MORRISON came in this morning about ten o'clock, and called for something to drink, which WINTHROP brought them. He sat down to drink, and afterwards wishing to speak a few words to examinant in private, examinant and him went into another apartment; but before they went, HARDCASTLE whispered to her, and told her that MORRISON had some notes in his stocking-leg. When they were in the other apartment, examinant cut the stocking-leg and took them out. Examinant left him in the room and brought the notes out and gave them to WINTHROP; there were a five pound note and two one pound or guinea notes. WINTHROP afterwards handed them to GORE, to look at, and examinant told him to return them to her after he had done so. HARDCASTLE said to examinant, take one to yourself, and give the others to me, which examinant refused to do. HARDCASTLE afterwards said, 'You are not going to do the man out of his money in that way, give them to me, and I will give the man his money again.' Examinant gave him the five pound note and one of the small ones, and kept the other herself. Examinant gave the note which she kept to WINTHROP to change, which she did, and gave examinant ten shillings, and kept the other ten shillings herself. MORRISON was in the other apartment when she gave the notes to HARDCASTLE. After this, examinant left the house, and did not see any more of MORRISON until this evening about six o'clock in Rickergate, when he accused her of having stolen the notes which examinant told him she did.   The mark X of Sarah DRAPER.—Taken before me, J. HODGSON, Mayor."

 

This was the case for the prosecution.

 

Mr. WANNOP submitted to the Bench that no case had been made out to criminate HARDCASTLE.

 

The Court considered him particeps criminis: the jury would decide that point.

 

Mr. WANNOP, on the part of HARDCASTLE, then called several witnesses to character.

 

Captain LLOYD commands the troop to which HARDCASTLE is attached as farrier. Had known him eight years, and up to a recent date, he always bore a good character. Of his honesty he could speak well up to this transaction; but he intimated some previous unsteadiness—a propensity to inebriety.

 

Troop Serjeant Charles HILL, and Serjeant-Major CALLAGHAN spoke to the same effect, for nearly the same period.

 

Mr. NANSON, town-clerk, said he presumed he need not go over all the evidence of the case. There was very clear proof of DRAPER's guilt, besides her confession. With regard to HARDCASTLE, there was greater difficulty. If the jury had any doubt whether he took the money to keep or to restore it, they should give him the benefit of that doubt. At the same time, it would be for them to consider whether he was not only privy to the theft, but also the cause of it, by the information he gave to DRAPER of the notes being in the stocking. All that was in DRAPER's examination prejudicial to HARDCASTLE, must be thrown aside, for such declarations from her could not be used as evidence against him.

 

The jury turned round to consider their verdict, and canvassed the matter in the box for a considerable time. At length the foreman (Mr. BOWMAN of the Pack-horse inn) informed the Court that some of the jurors could not make up their minds, and wished to have the evidence recapitulated.

 

Mr. NANSON accordingly went through the evidence, and again explained its bearing.

 

The jury once more consulted, and in about five minutes found DRAPER guilty, and acquitted HARDCASTLE. The Mayor cautioned him against keeping bad company in future. DRAPER was sentenced to twelve months imprisonment and hard labour.

 

Rebecca the wife of John TURNER, alias MACSTAY, of Ritson's Lane (the woman whose committal we noticed last Saturday) was indicted for keeping a house of ill fame near that of WINTHROP. The indictment was found three years ago. She then left the town, and had since returned, and resumed her old practices in the same place: altogether she is a woman of very bad character. Daniel HANCLIFF, weaver, who has or had a shop next door, proved the offence, such as the reception of bad girls, the sale of smuggled whiskey, disorderly hours, disturbances, &c. It appeared that though the prisoner then lived with her husband, TURNER, she was not married to him. To a question by the prisoner, witness said he knew she was ill at the time; and she made the most of that fact by declaring that she had not the command of her house. If the Mayor would only let her go this time, she would leave the town, and never be guilty of the like offence. The Court said the prisoner was now in gaol upon a similar charge, and the nuisance was in existence so late as Saturday night last: this was the reason why she had been proceeded against upon the old bill. The prisoner had nothing to offer in her defence, except a promise of amendment if not punished: she would leave her case "to the mercy of heaven." Verdict, Guilty. Six months' imprisonment and hard labour in Carlisle gaol.

 

A true bill was found against Richard WINTHROP and his Wife, for keeping the disorderly house above alluded to: and the case will come on next Sessions, unless the parties abscond, of which, as we observed last week, there is a great probability. A true bill was also found against Henry STORY and William LEE, of Carlisle, for an assault upon James M'GRATH.

 

Here the proceedings terminated. The case of the soldier excited considerable interest, not only among the military, (who were naturally anxious for the honour of the corps), but among the working classes, a considerable number of whom were present at the trial.