[List-Cumbria] Carlisle Journal, 27 Aug 1814 - Cumberland Assizes (3)

[Petra Mitchinson]

Saturday 27 Aug 1814   (p. 4, col. 1-5)

 

CUMBERLAND ASSIZES. 

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CROWN END.-MONDAY, AUG. 22. 

 

[continued] 

 

CHARGE OF RAPE. 

 

Joseph GRAHAM (aged 31), weaver, of Tarraby, was indicted for committing a rape on Sarah BUCHANAN, on the evening of the 30th April
last.-In this trial the Court was cleared of ladies:-we shall briefly detail the proceedings with all delicacy. 

 

Sarah BUCHANAN, the prosecutrix, on coming into Court excited considerable surprize from her childish appearance, which was very
unequal to her years.-Being sworn, she deposed, that she was 14 years of age on the 14th of June last. She went to live as servant
with Thos. SOWERBY, at Tarraby, near Carlisle, at Candlemas last, and remembers being sent by Mrs. SOWERBY, three weeks or a month
before Whitsuntide, about 8 o'clock, to milk the cows in the cow-house, which was distant from the dwelling-house about 200 yards.
Having milked the cows, Jos. GRAHAM, the prisoner at the bar, came into the cow-house;-tho' not well acquainted with him, she had
known him about 16 weeks before that time, and remembers her mistress having remarked to her, that he "was a fine-looking man." Some
conversation took place between the prisoner and witness, which it is unnecessary to repeat; after which prisoner forced her into an
empty stall, and succeeded in perpetrating the crime with which he was charged. 

 

Thomas and Mary SOWERBY, the master and mistress of the prosecutrix, were next examined. The latter deposed to the agitation of the
girl on her return home from milking the cows, on the night in question; and, having understood from her, that she had been abused,
enquired if it was not Joseph GRAHAM who had injured her: the girl replied in the affirmative, but, through motives of delicacy, she
did not chuse to examine her on the subject more particularly, and accordingly deputed her husband to execute the task!-The evidence
of Mr. SOWERBY went to establish the fact. 

 

Dr. BLAMIRE, who examined the prosecutrix, proved that injury had been done to her person. 

 

The case being closed on the part of the prosecution, several witnesses were called for the prisoner, to rebut the statement of any
violence or force having been used toward the girl. 

 

Joseph GLAISTER stated, that he was a weaver at Tarraby;-was in the house of one BOUSTEAD on the evening of the day laid in the
indictment; the prisoner and prosecutrix were also there, but did not stay long. The same night, as he was taking a walk before bed
time, he observed the prisoner GRAHAM and Sarah BUCHANAN walking together near the cow-house, and overheard the former tell the girl
to make herself perfectly happy until his return from Workington; whereupon the other said she would;-on parting, they bade each
other a good night, and appeared on friendly terms. 

 

James BELL, the next evidence, stated that he lived in a house which was so close to the cow-house, that at one part it was only two
yards distant from it, but, where the family usually sat, about twelve yards; and the windows commanded a full view of the entrance
into the place. The house was, indeed, so close, that the milking of the cows could be distinctly heard in it; in the back part of
the cow-house were several openings large enough to admit of a man's arm, and he could hear, in his own premises, whatever words
were spoken in it. On the evening of the 30th April (the day laid in the indictment) witness heard a conversation in the cow-house,
and recognised BUCHANAN's voice;-was not then acquainted with the prisoner, and of course did not know his voice. He heard part of
the conversation-prosecutrix said that she had lost the key of the byre [cow-house] door, but that it was no matter-no one would go
there, and she would be first there in the morning;-there was no outcry or loud words, only ordinary conversation; had there been,
the family must have been instantly alarmed, and would have sallied forth to see what was the matter. Witness did not see either of
the parties, but believed they came into and departed from the yard together. 

 

Elizabeth BELL, the wife of the preceding witness, corroborated her husband's statement, with the addition, that the dashing of the
milk into the pail, whilst milking the cows, could be heard in the furthest room in the house. 

 

Jane HAUGHAN, the daughter of the above, heard a conversation in the cow-house on the evening in question, but no cry, no shriek, no
noise, which she must have heard had there been any. 

 

Margaret TWEDDLE proved that the prosecutrix, Sarah BUCHANAN, had said in her presence, that words had been put into her mouth, and
that she was to say them, to swear them, and to stand by them,-adding, "Mrs. TWEDDLE, had you been my mistress, I would have done no
such thing;" and seemed rather alarmed when she said these words. 

 

Elizabeth CRAGG, another important evidence, stated to the same purport. She went into Mrs. TWEDDLE's house, upon some errand, and
observed, "they have got Joseph GRAHAM into gaol again." Mrs. T. said it was a serious thing; whereupon Sarah BUCHANAN said she
would never have done as she had done, if the words had not been put into her mouth, and that she was to say them, to swear them,
and to stand by them: she then burst into tears. 

 

The learned Judge, on summing up, observed, that in all cases of this description, if clearly made out, the offender never escaped
the punishment of death. He therefore recommended to the Jury to weigh well the evidence, and if any doubt existed in their minds to
give the prisoner the benefit of it. The prisoner was Acquitted. 

 

 

[to be continued] 

 

 

 

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