[List-Cumbria] Carlisle Journal, 27 Aug 1814 - Cumberland Assizes (6)

[Petra Mitchinson]

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

 

CUMBERLAND ASSIZES. 

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CROWN END. 

 

TUESDAY, AUG. 23. 

 

ROBBERY OF THE MAIL. 

 

[continued] 

 

Mrs. POOLEY, wife of the post-master of Penrith, remembered the prisoner arriving at the post-office, between seven and eight
o'clock in the morning, with the bags that had been lost; a little boy, of the name of GRAHAM, was with him. On being asked where he
had got the bags, he reported that he found a little boy playing with them at Dockray, who did not know what they were: to this the
boy made no observation. On opening the bags, which were unsealed, and only loosely tied with a piece of cord, it was discovered
that all the letters had been opened.—(Shewn a Letter)—That letter was in the bag she opened; it referred to a bill of exchange,
which was missing when inspected at the post-office along with other letters. 

 

Mr. POOLEY, post-master, proved that he had only received six instead of eight bags. Was at HERRING's on Wednesday, the 16th
February, when he proposed a reward for the recovery of the bags; on this, prisoner, who was drinking a pint of ale, mentioned
something about a penny-worth of tobacco, and went out, saying, he pitied the poor man's (the postman's) case: he returned within
the course of a quarter of an hour, but almost immediately went out again. On going out soon after the prisoner, towards the
post-office, he saw him delivering the bags to Mrs. POOLEY.—The witness corroborated the statement regarding the condition of the
bags and letters. 

 

Thos. ATKINSON, being again called, was questioned by the prisoner, and stated that on the morning that the bags were missing, he
saw him (prisoner) only at MILBURN's stable door, and not on the street. 

 

John MILBURN drove the Manchester mail in February last between Penrith and Carlisle, and was driving the horses to the stable, on
the 15th of that month, about six in the morning, when the mail-cart came up. His stables were about 20 yards from the post-office,
and on arriving at them, he found the prisoner assisting in unharnessing the horses. Witness then went to a place about half-way
between the post office and his stables, for the purpose of procuring a candle, at which time the cart was at the office door. On
returning into the street with his light, the cart was gone; and on proceeding into his stables, the prisoner was still employed
about the horses: they were engaged with the animals about half an hour afterwards, during which time neither of them was absent;
they left the place together, and went about 200 yards before parted. 

 

John GRAHAM (a little boy about eight years old, but remarkably intelligent), having given satisfactory answers relative to the
obligations of an oath, was permitted to be sworn. He identified the prisoner at the bar to be the person whom he saw at the corner
of Dockray, whilst proceeding to school about six or seven o'clock of the morning; when he said—"Holloa! my boy, come here," and
desired him to fetch him a penny-worth of oil from Mr. ALLISON's, and he would give him a penny; but observed at the time, that
prisoner had neither the penny in his hand, nor any thing wherein to fetch the oil. When witness got up to him, prisoner said, at
the same time pointing—"go and see what yon is;" he accordingly went, and found in a corner two leathern bags, which he brought to
prisoner. Before they were pointed out, witness was not playing with the bags; nor had he seen any thing of them. On delivering the
bags, prisoner said—"Follow me, my boy, you may perhaps get 4 or 5s.;" he followed him to the post-office, where prisoner delivered
the bags to Mrs. POOLEY, and witness received a shilling from Thomas ATKINSON. 

 

Joseph M'CURTHY, on the morning of the 16th February, observed the prisoner, JACKSON, in Dockray-square, and a boy along with
him;—heard the former say that ATKINSON and POOLEY were going to advertise a reward of £5 for the bags. Prisoner asked the way to
Richard HERRING's house: witness accompanied him thither, and remembered Mrs. HERRING telling him (prisoner) that POOLEY and
ATKINSON were gone. M'CURTHY then followed him to the post-office, and heard him say that the boy found the bags in Dockray. 

 

Thos. THOMPSON, on the morning of the Wednesday alluded to, saw the boy GRAHAM, and the prisoner with the bags. The latter called
out—"Come along with me, my boy, and you will get something for your trouble:" prisoner also said, that as he was going for a
penny-worth of tobacco, he saw the boy pick up the bags amongst some wood. 

 

The voluntary examination of the prisoner was here read. It stated that he was a native of Berwick-upon-Tweed, and had been at
Penrith for a few weeks, but, not being able to procure employment in husbandry, he was employed as an assistant in stables. It
denied that he had ever heard any thing about a reward being offered for the recovery of the bags; and stated that, having observed
a boy play with them in Dockray-square, which he said he had found, he had taken them from him, and carried them to the post-office.


 

In his defence, the prisoner repeated his own version of the story respecting the boy finding the bags. 

 

The learned Serjeant (MARSHALL), in summing up, commented particularly upon the prisoner's false account as to how he came possessed
of the bags. This was a most suspicious circumstance, as it may be laid down as a general rule, that no falsehood is told but with
bad intent. If the Jury, however, had the least doubt of prisoner's guilt, they would lean to the side of mercy. 

 

After some consultation the Jury brought in a verdict of Not Guilty. 

 

 

[to be continued] 

 

 

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