Carlisle Patriot, 13 Aug 1825 - Cumberland Summer Assizes (5)

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Saturday 13 Aug 1825   (p. 2, col. 3 - p. 3, col. 5)

 

CUMBERLAND SUMMER ASSIZES.

 

CROWN BAR: MR. JUSTICE BAYLEY.

  

[continued]

 

Robert WILSON sworn.—I keep a shop at Penrith. John TOPPING was in my shop purchasing some bran. I think it was in the latter end of May, on a Tuesday, which is Penrith market-day. I was not before the Magistrate. I heard of the prisoner's apprehension after TOPPING had been in my shop. TOPPING gave me a note in payment of the bran, of the British Linen Company; I thought the note a forged one, and took it across the street to Joseph DREWRY, banker, but it was never out of my sight; I am certain I got the same note again, and returned it to TOPPING immediately after. I saw that TOPPING had other notes of the British Linen Company, and of the Dundee Bank: he had about seven or eight altogether. I am certain that it was a British Linen Company's note he gave me, and that I returned him the same note back again. I am very positive that it was in the latter end of May, either the last market-day, or the last but one.

 

Wm. HODGSON, Esq. Clerk of the Peace:—I was present at the examination on the 8th of June. I received notes from FORSYTH, which I have had ever since; I marked them, and they were also marked when I got them. I took the examination, which was quite voluntary. (The notes were put in by Mr. HODGSON, and examined and identified by TOPPING and FORSYTH.)

 

Mr. Robert NIMMO sworn.—I am a clerk in the service of the British Linen Company. The notes are forged, and all appear to be from the same plate. (The charters of the British Linen Company establishment, with a printed translation, were handed into Court, and were minutely examined by his Lordship and the Counsel for the prosecution.)

 

George HUTTON sworn.—I am in the employment of the Dundee Union Bank. It is not an incorporated bank. I am the accomptant. (The notes, purporting to be of the Dundee Bank, were handed in.) Those notes are forged; this signature is not of my handwriting. I think the notes are all the same. I am acquainted with the names of the proprietors of the Union Bank. (The names of a number of gentlemen were read to the witness from a document which he produced, most of whom he stated to be living, and partners in the Dundee Union Bank.)

 

His Lordship told the prisoner if he had any thing to say to the Jury in his defence, he had now an opportunity.

 

Prisoner.—I wish to have my boy examined, by whom the money was found.

 

Christopher PURDOM sworn, and examined by his Lordship.—I am the son of the prisoner, and about 18 years of age. I live between the Town-Moor and Newcastle. I found 16 notes on the Town-Moor on the race ground one afternoon before the races took place. Nobody was with me at the time, and I brought the notes home and gave them to my mother. I found the notes five or six weeks before my father was taken up. I did not try to find out who the notes belonged to. I did not try to pass any of them; nor did my father to my knowledge.

 

Cross-examined by Mr. COLTMAN.—I found the notes in a covered drain—a kind of conduit. I looked into it and I found the notes about a yard up it. Did not dream I should find any notes there; but I dreamt that Ned ROBINSON had lost some. I did not name that I had found them to ROBINSON. I shewed them to my brother George. I never found any notes there before.

 

His Lordship summed up the evidence, commenting upon it with considerable force. The indictment charged the prisoner with an offence of a very serious nature. The question, as in all cases of this kind, was, whether the prisoner had a guilty knowledge. If the son had found the notes in the way he had described, and the father, before he passed them, knew them to be counterfeit, he then passed them with a guilty knowledge, and the offence with which the prisoner was charged then came under the act of Parliament. His Lordship knew well that forged notes were often placed in particular situations, so that certain persons might go and find them there. Now when a son found notes in such a situation, and in such a manner, what would an honest father do, when they were given to him? He would, of course, make enquiry about them, and endeavour to find out the rightful owner. That the prisoner uttered these notes there was no doubt—that the notes were forged there was no doubt. They would take the whole of the circumstances into their consideration, and if they thought the prisoner had a guilty knowledge, they would find him guilty; if not, they would acquit him. If they had any doubt on their minds, by all means let the prisoner have the benefit of it.

 

The Jury almost immediately pronounced the prisoner Guilty.

 

The prisoner handed in some written testimonials respecting his character, from three masters, whom he said he had served upwards of twenty years. FORSYTH also stated that the prisoner told him that he had been in the employment of Mr. BRANDLING, of Cox-Lodge.

 

His Lordship told the prisoner that he would not pass sentence of death upon him; but he must not expect that he would be suffered to remain in this kingdom. Was it not a peculiar hardship, that persons who had small articles to sell, and were honestly endeavouring for themselves and families, should be defrauded in this way?

 

Prisoner.—If I knew the notes to have been forged, is it likely that I should have gone amongst my friends, where I was so well known?

 

Judge.—There is no proof that you did so. If you had been actuated by feelings of common honesty, you would have endeavoured to have found out the lawful owner of the money when your boy found it.

 

Prisoner.—The money was never advertised or called that I heard of.

 

Judge.—Nobody can for a moment credit the story which your son has told.

 

Prisoner.—The boy has spoken nothing but the truth; there is no fault in him.

 

Judge.—I shall take such circumstances in your case as may be favourable to you into consideration. But let me entreat you to think of your situation, and what will become of your boy, if thus reared? His testimony has only aggravated your offence; and as a father, you have a heavy responsibility upon you for the situation in which you have just placed him.

 

The prisoner seemed wholly unconscious of the situation in which he stood.

 

 

[to be continued]