Carlisle Patriot, 29 Oct 1825 - Westmorland Sessions (2)

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

Saturday 29 Oct 1825   (p. 4, col. 1-2)

 

WESTMORLAND SESSIONS.

 

[continued]

 

PETER CAMPBELL, charged with stealing, on the 4th day of October, 20 pieces of silver coin, called half-crowns; 20 pieces of silver coin, called shillings; and 20 pieces of silver coin, called sixpences, good and lawful money of Great Britain, the property of Matthias PARKIN of Appleby, grocer, pleaded not guilty.

 

Mr. COURTENAY stated the case to the Jury.

 

Agnes PARKIN called.—About nine o'clock in the morning of the 4th October, the prisoner and a boy came to our shop and inquired for harped halfpennies: I counted out tenpence in halfpence, and he gave me three halfpence for my trouble. He then enquired for shillings and sixpences of the coinage of 1822: I counted him out 5s. 6d., and he gave me 6s. 2d. the odd money being for my trouble. The prisoner was leaning upon the counter with his elbows, and the boy about a yard off him, when a little girl came in for a pennyworth of starch. I had occasion to turn round, and as I resumed my position, I saw the prisoner draw his hand quickly across the counter, and put it in his waistcoat pocket. I had left the till open whilst I waited upon the girl; it was sufficiently open to admit a man's hand. They remained a short time, and asked if we wanted any bells hanging. After they were gone, I looked into the drawer, and there only remained £4 5s. 6d. out of £8 10s., which sum was in the drawer before the prisoner came, and no other person had been before in the shop that morning.

 

Cross-examined.—Ours is a grocer's shop: we have a servant, and sometimes intrust her to serve customers when I am not there. I should not object to my servant's giving change from the till, if there should be occasion. The drawer where the money is kept is divided into three divisions, each of which is about six inches wide: the copper is in the front division, and the silver in the other two. My husband and the girl were both out that morning. After leaving the shop, I went into the house, part through a passage which communicates with the street door. I think no one could have come in before the prisoner but I could have seen them, as I am constantly upon the watch of the door. I saw the prisoner come into the passage; and when he asked for the halfpence I went with him into the shop.

 

Re-examined.—When the prisoner was leaning over the counter, he had nothing to do but to lower his hand into the till. When I opened the drawer to give out the silver, it appeared to be as much in bulk as when I counted it in the morning; but after his departure it appeared one half reduced. There was no woman present when the prisoner was there.

 

William HARRISON called.—I went in company with BIRBECK the constable in search of the prisoner. We overtook him, in company with seven or eight other persons, near Kirkby-Thore: we did not then attempt to take him as they were too many for us. I saw the prisoner put his hands into his pockets, and he appeared to give the boy something. We apprehended him on his arrival at Kirkby-Thore. The prisoner struck, and he punched, and cursed. The boy, who had a bundle upon his back, threw it away and ran off. Five shillings and sixpence in silver were found upon the prisoner, but no harped halfpennies.

 

Cross-examined.—I did not think it strange at all for him to kick and strike: when we first came up to them the prisoner asked where we were going, and offered to bear us company. The boy was dressed in blue clothes. The prisoner did not offer to avoid us. The other men did not interfere—they only cursed us. I do not know that it was his tobacco-box he was looking for when he had his hand in his pocket. I gave the 5s. 6d. to the gaoler.

 

Re-examined.—The boy appeared between 16 and 17.

 

By the Court.—When we took him he asked what it was for; we told him he was a thief, and that he had taken a woman in of some silver, at Appleby. He said he had not been in Appleby; but I told him I saw him coming over the bridge.

 

Thos. BIRBECK called.—I am a constable, and have heard the evidence of the last witness, which is correct. I saw the prisoner take something out of his pocket and give it to the boy.

 

Cross-examined.—I cannot say what it was that he gave him: he said he never was at Appleby, and never stole any thing: he said he was in Battleborough all night. We were struggling hard; and I did not notice his other words.

 

This being the whole of the case, the chairman read over his notes, when the jury returned a verdict of Not Guilty.

 

No bill against John WILSON for stealing from the person.

 

KENDAL BURGH SESSIONS, OCT. 20.

 

These Sessions took place before George FORREST, Esq. Mayor, the recorder, and a Bench of Burgh Magistrates.

 

John BIRKETT was indicted for stealing, on the 27th of August, one book, value 6d., the property of Thos. RICHARDSON, bookseller, Kendal.—The case was opened by Mr. ATHERTON, who called T. RICHARDSON. He knew the prisoner, employed him as a bookbinder in August last; left his employ about the 27th. In consequence of information he received from Lancaster, witness got a warrant, and had the prisoner apprehended on the 31st: the information came through Richard AIREY, a dealer in old books, who had purchased a song book from the prisoner, which witness could identify and swear to.

 

Richard AIREY is a bookseller at Lancaster. The prisoner called at his house on the 28th of Aug., and had some Markhams printed by AIREY and BELLINGHAM: said he had many other books which he got from Mr. RICHARDSON of Kendal, in exchange; witness purchased a song book; prisoner said his name was BIRKETT the bookbinder from Newcastle, and every body knew him. Witness then informed Mr. RICHARDSON what was going on. He then produced the book which he bought from the prisoner, marked it at the time, and swore to his mark.—Mr. RICHARDSON, re-called, proved the book to be his property.

 

The prisoner was defended by Mr. JOHNSON, who cross-examined the witnesses at great length, but without shaking their testimony.

 

The prisoner on being called on for his defence, said he was an officer in the Excise 21 years ago, but compelled to leave his situation from ill health; that he had since been in business at Alston Moor till within a fortnight of his apprehension; that the books were his own for the support of his wife and family.—No proof being adduced this plea did not avail him.

 

The Recorder summed up, and the jury found the prisoner Guilty. He was sentenced to one month's imprisonment in the house of correction, and to be kept to hard labour.