[List-Cumbria] Carlisle Journal, 07 Sep 1811 - Cumberland Assizes (6)

[Petra Mitchinson]

Saturday 07 Sep 1811   (p. 4, col. 4-5)

 

Law Intelligence. 

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CUMBERLAND ASSIZES.-CIVIL SIDE. 

 

[continued] 

 

ATKINSON v. EARL. 

 

This action, as stated by Mr. PARK, counsel for the Plaintiff, Edward ATKINSON, was brought to recover damages for a violent
assault. The Plaintiff is a very industrious man, aged about 60 years, and for 30 years past has kept a public house at Cumwhitton,
about 9 miles from Carlisle. The Defendant, John EARL, is about 28 years of age, and possesses property of the yearly value of 100l.


 

It appeared in evidence, that on Sunday the 21st October last, a marriage took place in the neighbourhood, and the parties, as in
[sic] customary in that part of the country, left a few shillings to be drank on the occasion at the Plaintiff's house, by the
neighbours. Amongst several others, the Defendant partook of the ale which was served out; and at length became very turbulent and
riotous, striking and abusing almost every person in the house. Whereupon, Mr. ATKINSON interfered, saying he would not allow such
work, and that he would be constable in own house. Defendant directly answered, "he would constable him," at the same instant giving
the landlord a violent push, who fell with great force upon the stone floor, whereby the pan or lid of his knee was fractured; he
was attended for a considerable time by Mr. WAUGH, a bone-setter: he is yet lame and unable to follow his occupation, and, it is
highly probable, that he will never recover his former strength.-The fracture was latitudinal,-consequently of a more serious
nature, as any exertion in using the limb tended to separate the fractured parts. 

 

The act was not denied by the defendant; but it was on his part attempted to be proved, that the present lameness of the plaintiff
was merely a pretence, in order that he might recover damages for an injury, the effects of which had now ceased.-To endeavour to
support this, 

 

Thomas SCOTT was called; who said he saw ATKINSON, on August 11th, walking about four or five miles from his own house, as if
nothing had ailed him. No sooner, however, did he perceive the witness, had he walked lame. He also said, he in company with William
EARL (brother of the defendant) saw him again on the 13th of the afore-mentioned month, when he did not appear lame, until he (the
witness) came in sight. 

 

William EARL corroborated the circumstance related by the preceding witness. 

 

It was also attempted to be proved, that the Plaintiff was intoxicated at the time of the accident; but this was not made out,
though the Plaintiff had occasionally partaken of the ale. 

 

After Mr. PARK had very ably addressed the Jury, and his Lordship (who highly commended the conduct of the Plaintiff in endeavouring
to preserve peace, though he reprobated the practice of tippling on the Lord's day); the Jury brought in a verdict for the
Plaintiff-damages 60l. 

 

FOSTER v. ARMSTRONG. 

 

The Plaintiff, Mrs. Mary FOSTER, of Warwick's land, parish of Kirkandrews-upon-Esk, is Administratrix of the late John FOSTER, who
was killed on the 2d March, 1809, by a fall from his horse. He consequently had no time to arrange his affairs, which were left in a
very unsettled state.-The deceased (John FOSTER, who was a horse-dealer,) had transactions with the defendant; but, as is usual with
men of his description, he barely contented himself with making memoranda on small scraps of paper, therefore FOSTER had no books of
account at the time of his death. Mrs. FOSTER was, however, pretty well acquainted with the state of her husband's affairs; and
often, in the presence and hearing of the Plaintiff, her husband has asked the defendant to pay what he owed him, viz. the sum of
22l. and upwards on the balance of their accounts; and the last promise the defendant made, to the knowledge of the Plaintiff, was a
very little time before her husband's death; and on account of his evasions, he issued a writ against him for this same money.
Defendant, however, avoided an arrest, by secreting himself, until the death of Plaintiff's husband.-On Mrs. FOSTER's searching
amongst the papers of her husband, she found several relating to defendant, and on one piece, (supposed to be defendant's own
writing) a balance of accounts appears to have been struck in the year 1808, from which there seemed due from ARMSTRONG 22l. 8s.
9d.; for the recovery whereof this action was brought. 

 

It was proved in evidence, that ARMSTRONG had often acknowledged the debt; but he rested his defence chiefly on the allegation of a
partnership concern existing between them. 

 

Verdict for the Plaintiff. 

 

 

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