Carlisle Patriot, 23 Oct 1824 - Cumberland Sessions (4)

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

Saturday 23 Oct 1824   (p. 3, col. 1-4)

 

CUMBERLAND SESSIONS.

 

[continued]

 

MARY BRIGGS alias MARY JESSOP, of Wigton, was charged with stealing a horn snuff box, on the 20th of September last, value 10d., the property of John LOWTHER. The appearance of the prisoner (aged about 45) was respectable, and much in her favour. She pleaded not guilty. Mr. COURTENAY defended her.

 

Mr. AGLIONBY, in stating an outline of the case for the prosecution, excited considerable risibility by saying that the box was found upon the prisoner "in a sort of concealed pocket in front." The box was a very remarkable one. Besides a crack, which the prosecutor could swear to, it retained a strong scent, for the prosecutor, with a taste or smell peculiarly his own perhaps, had put mint drops amongst his snuff by the way of improving its flavour!

 

John LOWTHER, the prosecutor, examined.—I live at Wigton. On Monday the 20th September, when on my way home from Carlisle, on horseback, I overtook the prisoner about eight o'clock, riding on a carrier's cart. I passed on; but at the request of a person I turned back to ask who the woman was, but did not find her to be the female whom the person supposed who asked me to enquire—it was the prisoner at the bar. I kept on with them till we got near Wigton, when I rode forward to deliver a horse I had borrowed, and by the time I had done so they again overtook me. We drank some liquor on the road, which the carrier had in his cart, and I got drunk sure enough! (a laugh.) The carrier,  the prisoner, and myself, all drank till we were intoxicated. I had in my pocket two guinea Edinburgh notes, one Carlisle note, and 12s. in silver. I had the money at Michaelthwaite, and buttoned it in my left hand breeches pocket, and did not afterwards take it out. In my left hand coat breast pocket, I had a horn snuff-box. After I took the spirits, I grew so drunk that I could not tell what became of me; but I remember going on a bit with them. Next morning I found my pockets turned the wrong side outward, and all my money and the snuff-box were gone, but my watch was safe—some one had carried me home.

 

Cross-examined by Mr. COURTENAY.—I had been at Carlisle fair, and only drank about a pint of ale there, so that I was able to keep upon my horse when I set out. I was only in two public houses that day: I am certain I had not drank more than a pint there; but I and two others had a quart of ale at Newby Cross. (Mr. COURTENAY very much pressed the prisoner on this point, and vexed him greatly, but he gave his evidence with precision.) I was drunk within ten minutes after swallowing the spirit. The carrier is at Wigton, and not here. I don't know why he gave me the liquor; I didn't ask him for it. I don't know the value of the box; I won't swear it is worth a shilling; the watch is worth from 30s. to 50s.—So the box not worth a shilling, was stolen, while the watch that was worth 50s. was untouched? Yes.

 

By Mr. AGLIONBY.—The money lost was £3 13s. The lonning in which we drank the spirit was about a quarter of a mile from Wigton.

 

By a Juror.—We drank the spirit out of the barrel wich [sic] contained it, by putting our mouths to a quill. (A laugh). The woman drank in the same way. (What a happy thing is an honest carrier!)

 

Wm. PATTINSON, of Wigton, weaver, examined.—On the night of Monday the 20th of September, as I was going homewards, I saw the prosecutor near Wigton Town-foot, lying on the road very drunk: a woman named Mary CARLISLE (who was not brought forward on account of her having that day buried her husband) and the prisoner, were standing over him. LOWTHER's mother came up with a lanthorn; she searched his pockets, his money was all gone, and she accused the prisoner whom she called Aggy BRIGGS, who said she had nothing belonging to the man noway. I went for a constable, LOWTHER's mother and aunt holding her the while, as she attempted to go away. When searched she gave up all the money she had on her to me, consisting of 6s. in good silver, and £1 17s. 6d. in counterfeit—the former was in a purse in one pocket, and the latter in the other pocket. I saw the constable take a snuff-box from a front pocket under her clothes. LOWTHER's mother said it was her John's snuff-box, but this prisoner denied, saying she had the box two or three years. Further asked, she said she found it on the Saturday week before, in going to Carlisle. Wm. BARNES the constable has the box.

 

Cross-examined by Mr. COURTENAY.—I was on my road home when I fell in with the parties. I afterwards found that Mary CARLISLE had gone to the prosecutor's friends to tell them he was there, but during her absence the prisoner did not run away. She appeared as if she had been drinking to excess, though I did not at first perceive it. LOWTHER's breast pocket was turned inside out, but his breeches pocket was not.

 

Mr. WYBERGH.—What's the reason the carrier is not here?

 

Mr. AGLIONBY.—It is not my duty to call witnesses.—(To the witness)—The prisoner has not brought the carrier here has she?—Wit.: Not that I know of.

 

Wm. BARNES, the Wigton constable, searched the prisoner, without meeting with resistance, though she was at first unwilling, and found 6s. in a velvet purse, but no notes. In her front pocket, under her clothes, which she called her market-day pocket, he found a snuff-box. LOWTHER's mother said it was her son's. Prisoner denied it, saying she had had it a considerable time, or several years. On again asking where she got it, she said she found it on Saturday week when coming from Carlisle. Then she said she found it that day. On being asked where? she said she would tell when she was forced. Witness did not come up till they had gone into BATY's house.—He produced the box.

 

Cross-examined by Mr. COURTENAY.—The box was worth 2s. when new; what it is now worth I can't say.

 

The prosecutor swore to the box as his property. He knew it by a crack and the smell.

 

By Mr. COURTENAY.—He only took snuff occasionally—some that day, perhaps, but he did not give any in return for the swilling.

 

The Prisoner declared that she never denied any thing about the box, and called God to witness that she found it that night. Having drank a little, she forgot that it was in her pocket when first searched. She wept.—No one came forward to speak in her favour. Mary CARLISLE would have done so, she said, had she been present.

 

The Chairman summed up the evidence.

 

The foreman of the Jury.—We find her guilty of stealing the box only.

 

Court.—She is not charged in the indictment with stealing more.

 

Mr. AGLIONBY reminded the Court of the character of the prisoner, as indicated by the large quantity of base money found on her person.

 

Six months imprisonment and hard labour in Carlisle gaol.

 

 

[to be continued]