Carlisle Patriot, 11 Mar 1826 - Cumberland Lent Assizes (12)

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

Saturday 11 Mar 1826   (p. 2, col. 6 - p. 3, col. 6; and p. 4, col. 1-3)

 

CUMBERLAND LENT ASSIZES, 1926.

(Resumed.)

 

Mr. Baron HULLOCK took his seat on the Bench at nine o'clock on Saturday morning; and nearly the whole day was occupied by trying M'VEAY and MOOR.

 

On Sunday, his Lordship attended divine service at the Cathedral, in the usual state. The sermon was preached by the Rev. R. MARKHAM, M. A. one of the Prebendaries.

 

On Monday morning, the Court was re-opened; and the business was brought to a conclusion soon after eleven o'clock. The Learned Judge left Carlisle, for Lancaster, in the afternoon.

 

UTTERING FORGED NOTES.

 

PATRICK M'VEAY, aged 39, was charged with having uttered, on the 18th of Oct. 1825, counterfeit bank notes, with intent to defraud Alexander STEPHENSON, and the Royal Bank of Scotland.

 

There were two indictments, and the offence was laid in different ways in the various counts.

 

Mr. COURTENAY and Mr. DUNDAS appeared for the prosecution. Mr. PATTESON defended the prisoner.

 

Mr. COURTENAY addressed the Jury, and stated an outline of the case he intended to prove. He should produce the notes. There was no doubt at all as to the uttering. The main point was the guilty knowledge. Of that it was impossible to have any direct proof; it must be inferred from the circumstances attending the commission of the offence. He should show that on the evening of the 17th, M'VEAY called at Mary BROWN's. at Gretna, supped and slept, and next morning, to pay her charge of 1s. 3d., he tendered a guinea note, which was changed. He then set off towards Carlisle, and having crossed the border, called at Toddhills and had breakfast; there he obtained change for another note; and a few miles further on, he called at STEPHENSON's, ordered a glass of rum, and, pleading a want of small money, obtained change for a third note, all in the course of a few hours. Besides this, it would be shewn, that when the prisoner was at a house in Rickergate, he saw Mary BROWN in the street, and desired, if she asked for him, that he might be denied; also, in the room in which he was apprehended, a bag, containing 13 notes, was found hidden in an ash-box—and the whole of these notes came from one plate. Here they would see, that a man like the prisoner, in the course of a few hours, utters three forged notes, for the sums of 1s. 3d., 9d., and 4d. He could not have wanted all this change; therefore the fact was sufficient to warrant the inference of guilty knowledge, not to mention the finding of the thirteen notes.

 

Alexander STEPHENSON.—I live at the Parkhouse, on the road going to Glasgow, and keep an inn there. The prisoner came to my house, in the county of Cumberland, on Tuesday the 18th Oct. last, about mid-day. He asked my wife for a glass of rum; he followed her to the bar, and asked the price of it; she said 4d.; he answered that he had only 3d., and wished for change; and she gave him a pound note and eight-pence for the note, purporting to be a guinea note of the Royal Bank of Scotland. On the same day, I saw Mary BROWN, and in consequence gave the note taken of M'VEAY to one COULTHARD, and put a mark upon it in pencil.

 

Cross-examined.—He said he had no other note of the same kind on his person. He thought it was a good one.

 

Wm. COULTHARD.—I received a Scotch guinea note from STEPHENSON, who put a mark upon it; the word "Alexander," with a pencil. This note I gave to Mary BROWN, and with her I came to Carlisle, and we went to Mr. CARRICK's Bank, where she produced the note, and the clerk having marked something on it, gave it back to Mary BROWN. I am quite sure that the note given to the clerk was the same that he returned to BROWN. She had another note, and the clerk marked that also, and gave it back.

 

Mr. PATTESON.—Can you read? Witness: Well, Sir!—Mr. P.: Can you read?—No direct answer could be obtained for some time. At last, amid much mirth, the witness said he "expected" he could.

 

Mary BROWN.—I was at STEPHENSON's on the 18th Oct. and obtained a note of him marked with his name in pencil. I had one also with a mark—a tear at the bottom. (She stated what passed at the Bank, &c. with COULTHARD.) I afterwards gave the note marked "Alexander" to BARNES, the constable.

 

John BARNES, the constable, produced the note alluded to; the mark was on it. He received it of Mary BROWN, and also put a mark upon it.

 

STEPHENSON recalled, identified the note. Besides the pencil mark, he wrote his name in ink when at the Police-Office.

 

Cross-examined.—The pencil mark is worn out now.

 

By Mr. COURTENAY.—I can still see part of the "A". I can't tell whether that was what I wrote or not. It was in the same state when the ink was written.

 

Mary BROWN was called to prove the issue of the other note, but his Lordship objected, because it was uttered in Scotland.

 

Mr. COURTENAY submitted that it was only to show the conduct of the man.

 

His Lordship could take cognizance of what was done in France, in order to keep up a chain of evidence, but he did not think he could meddle with a transaction in Scotland which properly came under the particular law of that country. "Show me (said the Learned Judge) why I should do it—the principle on which I am called upon to do that which may be done in Scotland."

 

Mr. COURTENAY.—I only intend to show the conduct of this man, as a whole, that an inference may be drawn.

 

The Judge asked Mr. PATTESON if he knew of any case in point.

 

Mr. PATTESON.—I am not aware of any thing. But I think the case ought to be proved as charged in the indictment.

 

Judge.—You may go on. I will take a note of it.

 

 

[to be continued]