Saturday 11 Mar 1826 (p. 2, col. 6 - p. 3, col. 6; and p. 4, col. 1-3)
CUMBERLAND LENT ASSIZES, 1926.
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RECEIVING STOLEN GOODS.
JANE STUBBS, aged 82, was placed at the bar, charged with having committed a misdemeanor, in receiving stolen goods, knowing the same to have been stolen, and pleaded not guilty.
Mr. COURTENAY addressed the Jury for the prosecution, and briefly detailed to them the facts deposed to by the following witnesses:—
William GOODFELLOW examined by Mr. PATTESON.—I am carter to Mr. Wm. WELSH, carrier. I received some goods at Langholm, on the 10th of February last, from Mr. James YEOMAN, who has a partner named William YEOMAN. I received two trusses, and the person who gave them to me said they were stockings: they were put into the way-bill, and I brought them to Carlisle; but I don't know how they were directed. We loosed the carts at Mr. WELSH's warehouse-door, at Carlisle, about seven o'clock in the evening; and about eight, we discovered that the ropes of the cart had been cut, and the trusses carried off, before we had got them taken into the warehouse. The cart was unloaded that night. The trusses were sewed in a wrapper cloth.
By the Judge.—I am certain the trusses were in the cart when we arrived in Carlisle.
The prisoner declined asking this witness any questions, observing that she had never seen the man before.
James YEOMAN called.—I am a hosier in partnership with another person at Langholm. We made up two parcels; one of them was directed to James STRACHAN at Wigan, and the other to Henry SEGAR at Manchester. They were lamb's wool stockings, and were wrapped in canvas. When I had packed them, I carried them to WELSH's warehouse at Langholm, and desired the clerk to send them by the first cart.
James THOMPSON, clerk with Mr. WELSH at Carlisle. I remember the cart arriving on the evening of the 10th of February, about seven o'clock, and we unloaded it at nine, and missed two trusses. The cart appeared to be right when it arrived; but when we came to examine it, we found that the cover had been torn off, the ropes cut, and the trusses carried away.
George PALMER, constable.—I searched the prisoner's house, about 11 o'clock in the forenoon, on the Sunday after the goods were stolen. I saw the prisoner, and she said she had no stockings, nor had ever had any; but I presently found nine pair hanging up in a corner of the window. She said they were her own. I told her I would take them on suspicion, and if they were her own she should have them again. She then said, "Are you going to rob me?"
By the Court.—I suppose the stockings in the shop window were exposed there for sale; but the prisoner also uses the front room as a dwelling.
To a question from the prisoner respecting the yarn which the constable likewise took along with the stockings, he said he brought both the stockings and the yarn to Dr. HEYSHAM's.
Barbara ARMSTRONG, a native of the Emerald Isle.—I lived, in February last, in the prisoner's house. I remember a person coming into the house on the Friday night; but I cannot say at what hour, as I was in bed. The lad's name was William, but I know nothing more of him: he brought 12 pair of stockings tied up in a weaver's blue brat (apron.) There were six pair of white stockings, and six pair of darker ones: he gave us them all but two pair, and he said he would keep them for his own use. The lad went away soon the next morning; but he did not sleep with Mrs. STUBBS! (The witness was not asked the question who the lad slept with, and an observation so uncalled for excited considerable mirth.) Betty PARKER, from Springfield, was there all night; she wanted to buy a batch in the market, and she came and stopt all night, so that she might be in time for the market next morning. (Springfield is about 11 miles from Carlisle!) The prisoner had two or three pair of stockings for sale, and she told me that she had sold two pair to Betty PARKER's daughter. I heard the prisoner buy the stockings at 12s. a dozen.
By the Judge.—The lad William was indebted to the prisoner for board and lodging, and he said she might deduct it from the price of the stockings. The lad came and leant over my bed, and made me a present of some of the stockings; but I did not get up. I gave my stockings to Jem MORLEY.
James MORLEY, constable.—I was at the prisoner's house in Shaddongate: she keeps a kind of shop: I don't pretend to know much about the fame of it; but there were several things in the window—such as oranges, penny-cakes, and perhaps some herrings, and different other kinds of vegables! (Laughter.) I did not take much notice of he [sic] shop, and paid very little attention as to what kind of vegables she kept; because I was anxious, you know, after my own object. (Here the Bench lost its wonted gravity, and the Court became convulsed with laughter.) I saw the stockings, but I saw no drapery goods in the shop.—(A few sentences passed between the prisoner and this witness; but MORLEY, presuming upon the mirth he had excited, he hardly knew wherefore, began to indulge in some coarse remarks on the prisoner; but he was put a stop to by being desired to produce the stockings.)
Mr. YEOMAN recalled.—I have no doubt of these stockings being our manufacture.—I know them by our own trade-mark. Those sent to Wigan and Manchester were of the same quality. I believe these are some of the stockings included in the trusses, but I cannot swear it.
His Lordship observed that there did not appear to him to be sufficient evidence to convict the prisoner. She was indicted for stealing and receiving stockings, knowing them to have been stolen. A link was wanting in the evidence; they had not proved that the stockings found in the possession of the prisoner were those stolen on the night in question, which it was certainly necessary for them to prove. His Lordship therefore directed an acquittal, and cautioned the prisoner to be more careful for the future. She was immediately discharged.
This aged delinquent (generally known by the familiar name of Mother STUBBS) shed tears in abundance during the trial; but we fear they were not the tears of penitence. Her house has long been the resort of thieves and pickpockets, from whose depredations she makes her livelihood. She has frequently been in custody, and has oftener than once, we believe, confronted the seat of justice. Her extreme age (82 years) and distressed appearance, no doubt created a feeling in her behalf in Court; but it is doubtful whether this sympathy was bestowed upon an object whose future conduct will render her worthy of it.
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