Carlisle Patriot, 11 Mar 1826 - Cumberland Lent Assizes (19)

[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.

 

[continued]

 

MANSLAUGHTER.

 

DAVID BAXTER was charged with killing and slaying John CRONE, on the 29th of December last. He also stood charged by the verdict of the Coroner's Jury with the same offence.

 

As soon as the prisoner heard the indictment read he fainted, and fell to the ground; but, by assistance, he was soon restored and put upon his trial.

 

His Lordship enquired when the prisoner was committed, and Mr. LOWRY, solicitor, stated to the Court that he never had been committed: he absconded at the time, to avoid imprisonment; but he told Mr. LOWRY, before he left Carlisle, that he would surrender himself at the assizes, and accordingly he did surrender himself on Thursday last.

 

Mr. AGLIONBY addressed the Jury. The prisoner at the bar, he said, was in a public-house, kept by a person of the name of George ARMSTRONG, between Caldew Bridges, on the 29th of December last, in the evening, when the deceased went in drunk, and used some very provoking expressions towards the prisoner, he understood, and put himself in a fighting position. He was not prepared exactly to say whether the deceased struck; but the prisoner struck the deceased, he fell to the ground, and his death was the melancholy consequence. BAXTER immediately showed signs of repentance for what he had done; lent every assistance in his power; brought a surgeon to the deceased; and conducted himself with an humanity very creditable to him. These, and several other points in this case, would be left to the merciful consideration of his Lordship.

 

William M'ADAM sworn.—On the 29th of December last, I was present at George ARMSTRONG's public-house, at four o'clock in the afternoon. David BAXTER was there when I went in. I remained there, and saw John CRONE, the deceased, come in between six and seven o'clock. He passed the place where the prisoner was sitting: he appeared to be much intoxicated, for he came in knashing his teeth as if he had an antipathy to some one in the company. He said to BAXTER, who was looking at him, "You d—d jackanapes, what are you noising about; I could throw you two or three times over my head." The deceased then sat down about two yards from the prisoner, whom he passed to go to his seat. BAXTER looked upon the company present, and said he thought he could bring his long limbs to the ground, or some such expression. CRONE heard this, and stepped forward to the prisoner. BAXTER was dilatory in striking; but at last he struck him on the face, and the deceased fell to the ground. I never saw him move afterwards: he appeared to be quite dead. BAXTER lent all the assistance he could to restore the deceased in the house; went and brought Mr. ANDERSON's man; and seemed very sorry for what he had done.

 

By the Judge.—BAXTER appeared to be quite sober. I cannot say if CRONE struck.

 

Joshua ANDERSON, surgeon, examined.—BAXTER called on me on the 29th of December last, and I went to ARMSTRONG's public-house. CRONE was lying upon a sofa; but he was quite dead. BAXTER was there. There was a small superficial cut below the left eye; but we did not open the deceased's head till the next morning at 10 o'clock. It was evident that CRONE died of apoplexy, which I imagine was caused by the blow.

 

By the Court.—I cannot say if apoplexy would have taken place without the blow; but the deceased was certainly predisposed to the complaint: the examination satisfactorily proved that.

 

BAXTER, in his defence, stated to the Court, that he never saw the man before he was abused by him. He said he lent every assistance to the deceased after he fell, he bathed his temples; and was extremely sorry for what he had done.

 

His Lordship briefly summed up the evidence, and told the Jury, that if the blow had produced the apoplexy, the prisoner was Guilty of Manslaughter.

 

The Jury presently pronounced the prisoner guilty.

 

The Judge addressed the prisoner. He said that the deceased, not being sober, had undoubtedly conducted himself in a violent manner, and had been very insulting; but still he, (BAXTER) being sober, should have conducted himself with more temperance and forbearance. In consequence, however, of the conduct of the deceased, and the contrition expressed by the prisoner for what had taken place, the Court sentenced him to 14 days' imprisonment in Carlisle gaol.

 

 

[to be continued]