Carlisle Patriot, 13 Aug 1825 - Cumberland Summer Assizes (1)

[petra.mi...@doctors.org.uk]

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

 

CUMBERLAND SUMMER ASSIZES.

 

Mr. Justice BAYLEY and Mr. Baron HULLOCK arrived at Carlisle, from Newcastle, between one and two o'clock, on Monday last, and immediately opened the commission of assize, and general gaol delivery. At two o'clock their Lordships, attended by M. ATKINSON, Esq. the High-Sheriff, and the usual retinue, repaired to the cathedral to hear divine service, after the performance of which, the Sheriff's chaplain, the Rev. Mr. MILNER, vicar of Appleby, preached an excellent sermon.

 

In the evening, the Judges, High-Sheriff, and a large and distinguished party, dined with the Lord Bishop of the Diocese, at Rose Castle.

 

The Sheriff's dinner at the Bush Inn was numerously attended. Mr. CRACKENTHORPE presided in the High-Sheriff's unavoidable absence.

 

On Tuesday morning, Mr. Baron HULLOCK took his seat on the Civil side at nine o'clock. There was a numerous array of counsel. Mr. BROUGHAM had arrived on the preceding evening from London, having relinquished the proceedings on FRANK's Commission of Lunacy before their termination.

 

The Crown Court was opened by Mr. Justice BAYLEY at ten o'clock, and his Lordship went through the whole of the criminal business by four in the afternoon, and afterwards tried a road-indictment. On Tuesday [sic - presumably Wednesday] morning, the Learned Judge began with nisi-prius causes, and continued till Thursday morning, about ten. Mr. Baron HULLOCK brought the business of his Court to a conclusion at one on the same day; and the Judges soon after left town for Westmorland. We understand that they, and a considerable number of the counsel, dined at Lowther Castle, and the Commission was opened at Appleby late in the evening.

 

The number of causes entered for trial was 31, seven of which were withdrawn. Messrs. SCARLETT and BROUGHAM had a complete monopoly of the business. Mr. SCARLETT had no less than 28 briefs in the 31 entries!

 

The time appointed for the Assizes was too short by one day, if not two. As the leading counsel cannot divide themselves, the civil trials cannot go on in two Courts at the same time. Hence a most censurable haste and slovenliness on the part of the Bar very prejudicial to suitors,—an anxiety to refer, that nearly amounts to throwing up the brief without returning the fee, and is to all extents and purposes a denial of justice after it has been paid for! No one who attended the Court on Thursday will deem these observations too strong. The Judges should certainly give this great county a little more indulgence.

 

The Ball at the Bush Inn, on Tuesday night, was brilliantly attended.

 

The Earl of Lonsdale and Lord LOWTHER were present at the assizes on Tuesday, and dined with the Judges. Their Lordships also dined with the Bishop at Rose Castle, on Monday.

 

             LIST OF THE GRAND JURY.

 

  1. Right Hon. Lord Viscount LOWTHER, Foreman.

  2. Sir Philip MUSGRAVE, Bart. M. P. Edenhall

  3. Sir J. R. G. GRAHAM, Bart. Netherby.

  4. Henry HOWARD, Esq. Greystoke Castle.

  5. Henry HOWARD, Esq. Corby Castle.

  6. Edward HASELL, Esq. Dalemain.

  7. J. D. B. DYKES, Esq. Dovenby Hall.

  8. Hugh PARKIN, Esq. Skirsgill.

  9. William CRACKANTHORPE, Esq. Newbiggin Hall.

10. Thomas Henry GRAHAM, Esq. Edmond Castle.

11. Thomas HARTLEY Esq. Gill Foot.

12. Thomas WYBERGH, Esq. Isell Hall.

13. Edward STANLEY, Esq. Ponsonby Hall.

14. Thomas PARKER, Esq. Warwick Hall.

15. William CALVERT, Esq. Greta Bank.

16. Christopher PARKER, Esq. Petteril Green.

17. P. H. HOWARD, Esq. Corby Castle.

18. Milham HARTLEY, Esq. Rose Hill.

19. John HARRISON, Esq. Whitehaven.

20. William PARKER, Esq. Skirwith Abbey.

21. Thomas IRWIN, Esq. Calder Abbey.

22. Henry Teshmaker THOMPSON, Esq. Cockermouth.

23. Joseph SALKELD, Esq. Holm Hill.

 

The King's proclamation having been read, Mr. Justice BAYLEY delivered the following charge to the Grand Inquest.—Gentlemen of the Grand Jury: I have requested your presence at an earlier hour than usual—not, however, on account of any particular business, for the calendar is light, and the cases are few; but for the convenience and benefit of the witnesses who are in attendance. There appear to be no cases in the calendar of any difficulty. There is indeed one of forgery, in which there are two charges introduced into the indictment. You will, I think, be aware that the prisoner's knowledge of the forgery should be made out entirely to your satisfaction. (His Lordship slightly alluded to other parts of the calendar: one of the cases alluded to was that of stealing from a furnished dwelling, which did not constitute felony.) As there are several Gentlemen on the Commission of the Peace present, I shall notice a deposition taken before one of the magistrates, as it is rather peculiar, but very proper. The evidence in the examination has been taken separately, so that in case of the death of the chief witness, no difficulty will occur to the prosecution. Gentleman, I derive great gratification from knowing that you have now a good gaol fit for the purpose intended, and I trust it will be regulated by such rules and discipline as will keep all the prisoners engaged in useful labour. If, Gentlemen, you can suggest any thing likely to benefit such prisoners after their discharge from prison, it will be the means of greatly diminishing the number of criminals for the future. There is nothing else, Gentlemen, to which I wish to call your attention; but I will thank you to bestow it upon this most important subject.

 

 

[to be continued]