[List-Cumbria] Carlisle Journal, 27 Aug 1814 - Cumberland Assizes (4)

[Petra Mitchinson]

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

 

CUMBERLAND ASSIZES. 

----- 

CROWN END. 

 

[continued] 

 

TUESDAY, AUG. 23. 

 

WILFULLY STABBING. 

 

Robert DOUTHART (aged 23) was charged under Lord Ellenborough's act with wilfully and maliciously stabbing Neil GRAY, on the 13th
July last. The indictment comprized three counts—1stly, with intent to murder—2dly, to disable—and, 3dly, to do some grievous bodily
harm.—This was a most atrocious and unprovoked outrage; but, as the counsel who conducted the prosecution well observed, the fact of
the prisoner's having mistaken the prosecutor for some other person would in no degree alter the nature of the crime; for the very
act itself implied malice, and it mattered not whether this malice was exerted upon the original object, or against another person
who had been mistaken for it.—The subsequent evidence will elucidate the nature of this case, the persons concerned in which are all
Hibernians. 

 

Neil GRAY (the prosecutor) stated that he was a journeyman tallow-chandler at Whitehaven, and had slightly known the prisoner for
two or three years. On the evening of the 13th July, as he was taking a walk past Hamilton-lane, in company with Hugh FAGAN, he was
attracted by the sound of a fiddle in the Ship inn, and entered, with his companion, into the house, in order to see a dance which
was held there. They had not been there long, when Robert DOUTHART and Henry HASTIE, the latter of whom carried a sythe, entered the
room. No words passed between the prisoner and witness; nor did he observe any thing of the kind between him and any person in the
apartment. DOUTHART and HASTIE went away, and witness followed soon afterwards. On reaching the outside door, the prisoner came up
and gave him three stabs in the body; this was between 11 and 12 at night, but it was not so dark as to prevent his distinguishing
one man from another; the first wound was on the neck, the second on the breast, and the third on the right arm, with some sharp
instrument; when prisoner immediately ran off. Soon after witness was wounded, he fell clown, and lost all recollection. He was
attended by Mr. JOBSON, surgeon, of Whitehaven, and it was three weeks before he recovered the use of his arm.—Being cross-examined,
he stated, that he never in his life spoke to the prisoner;—the man who stabbed him did not speak, but he knew him by his face, and
had not the slightest hesitation in saying that Robert DOUTHART, the prisoner at the bar, was the person who committed the outrage.
He was perfectly sober at the time,—drank nothing at the Ship inn, nor any strong drink all that day, and never said he would take
prisoner's life away, or that he would keep his wounds open to the Assizes. 

 

The next evidence, FAGAN, stated that he also lived at Whitehaven; was acquainted with the prosecutor, and was accompanying him to
his sister's on the evening of the 13th July, when hearing a fiddle, they went into the dancing-room at the sign of the Ship, and
staid there about three quarters of an hour. Saw the prisoner come into the same room, and observed HASTIE standing behind him with
a sythe in his hand; but did not observe prisoner have words with any one in the room: during his stay, which was but short, he
(DOUTHART) appeared to be looking very sharply about him. The prosecutor and witness went out together, and when they got to the
outer door, witness parted from him a few yards. Hearing a noise, he looked around, and saw Patrick HILLEN taking a sythe from
HASTIE; upon this, he observed the prisoner come up and strike GRAY three times as hard as he could, and then run away. GRAY came to
witness, saving he was stabbed, the latter could not believe this at first, until putting his hand upon his body, he felt the blood
gashing out, when GRAY fell down exhausted. On being taken to his sister's house, and his clothes, which were much cut and bloody,
stripped off, he saw three several wounds on his neck, breast, and arm: the wounds upon the breast and arm were very large,—that
upon the neck, comparatively small.—Had no doubt respecting the person who inflicted the wounds; and that person was undoubtedly the
prisoner at the bar. 

 

Wm. GRAY, brother to the prosecutor, deposed, that on the night of the 13th July he was called out of his bed, and went to his
sister's house, where he found his brother lying on the bed, and very weak; saw his wounds, which appeared to have been inflicted
with a sharp weapon. The wound upon the breast was 1½ inches in depth, and that on the arm one inch; the wound upon the neck was not
very deep, as the handkerchief and its cushion had opposed an obstruction to the instrument. He was told by his brother that the
deed was committed by the prisoner DOUTHART. Having procured medical assistance, he obtained a constable to apprehend the assassin. 

 

Patrick HILLEN deposed, nearly in the same words as the preceding evidence, respecting the parties being at the dance. He further
stated, that he observed a sythe in the hands of HASTIE, who said he would deck somebody with it before he went home. Witness
induced him to part with the sythe, saying it was a very improper weapon to be carrying at that time of the night: prisoner
instantly stepped up to GRAY, and stabbed him three times; and, on his running away, was pursued by witness, but escaped.—Witness
was quite sober, having only drank about two glasses of ale;—had no acquaintance with the prisoner, nor had seen him before that
evening. 

 

The prisoner, being called upon for his defence, desired that Henry HASTIE might be examined; who, being sworn, deposed, that on the
evening of the 13th July he requested prisoner to go and take some beer with him at the Ship, which he at first objected to, as he
said the people of the house would be gone to bed; but being informed that there was a dance there that night, he accompanied
witness, who had a sythe with him:—he accounted for his taking the sythe with him saying that he was going to mow the next day, and
took it with him for the purpose of getting it sharpened. They staid together in the room about four or five minutes, and the
prisoner left witness in the passage leading to the street, and did not see him again that night: on getting out of doors, some
person took his sythe from him, saying it was an improper instrument. He was not acquainted with the prisoner. 

 

The Jury, without hesitation, brought in a verdict of Guilty; when the Judge passed sentence of Death, and begged him to make the
best use of the short time which he had to live. 

 

The prisoner is a very hard-featured, stern-looking man, and exhibited no emotion when the awful sentence of the law was passing. 

 

 

[to be continued] 

 

 

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