[List-Cumbria] Carlisle Patriot, 14 Sep 1816 - Cumberland Assizes (38)

[Petra Mitchinson]

Saturday 14 Sep 1816   (p. 4, col. 4-6)

 

CUMBERLAND ASSIZES. 

[Concluded from our last paper.] 

 

Charles STEWART v. HESLOP and Others.—The plaintiff, or rather his wife, is the keeper of a slop-shop in Rickergate, and the
defendants are most respectable tradesman also of this city.—Some time ago, Charles STEWART absconded in consequence of being
charged with a fraudulent transaction, and his wife, Mrs. STEWART, having at the time, been suspected of a participation, was
apprehended under warrant of a Magistrate, and committed for a short time to Carlisle gaol, from whence she was liberated as soon as
it was ascertained that she was innocent of the charge. During her confinement, the defendants, being creditors, applied to her for
permission to remove the goods from her shop in order to indemnify themselves, to which she gave merely a verbal assent, and they
commenced the removal of the property. But Mrs. STEWART having changed her mind, desired the creditors to desist, which they refused
to do, and the present action was brought to recover damages. 

 

John ARMSTRONG, the constable, sworn.—On the 13th March, 1815, when he was parish clerk of St. Cuthbert's, Mrs. STEWART was married
to the plaintiff.—Witness was employed by the plaintiff's attorney to discharge Messrs. HEWIT, HESLOP, COCKBURN, and HEWSON and
HART, from removing the goods which they were about to take from Mrs. STEWART's shop. He forced the door, when the defendants were
taking an inventory, and they agreed to give witness a copy, part of which he took, but Mr. BLOW, the attorney, interfered, and took
up the copy and tore it, ordering witness out of the shop; he left the shop, which was very full of goods.—Cross-Examined.—Witness
received no orders from Mrs. STEWART, who was then in gaol, but was sent on the duty by Mr. ROBINSON, the attorney. Witness
apprehended Mrs. STEWART. 

 

William BELL sworn.—He knew Mrs. STEWART seven months before her marriage; her name then was BEVERIDGE. This name was upon the door
previous to her marriage, which consummated, Charles STEWART was put up instead. Mrs. STEWART always managed the shop after
marriage. 

 

George GROVER examined.—Mrs. STEWART was in the shop when part of the goods was removed, and ordered the persons employed in it to
desist. Witness worked with STEWART at Mr. FINLAY's, as a gardener.—This witness also proved the marriage.—Cross-Examined.—A Mr.
M'DONALD offered to deposit the money which Mrs. STEWART was indebted to the defendants, provided they would let the goods remain in
the shop, promising at the same time that each should have his demand. 

 

Mr. WILLIAMS here addressed the jury in favour of the defendants, and severely reflected on the character and conduct of Charles
STEWART. He said he should clearly prove that Mrs. STEWART gave Messrs. HEWSON and HESLOP authority to remove the goods in question
for their security, to meet the demands which they had against her. 

 

Thomas HEWIT, shopman to Mr. COWPER, sworn.—Mr. COWPER, for a considerable time, furnished BEVERIDGE with goods. Mrs. STEWART stood
indebted to Mr. COWPER nearly £30. Witness heard Mrs. S. say that she had delivered the key to Mr. HESLOP, and Mr. HEWSON, for them
to take a schedule of the goods in her shop, that each might receive payment, and Mr. COWPER was permitted to share, by STEWART's
consent. Witness saw two Irishmen taking goods at the time the defendants were in the shop. Mrs. STEWART was in gaol at this time,
and admitted to witness that she had authorised Messrs. HESLOP and HEWSON to take possession of the goods, that each of her
creditors might be paid out of the produce of her stock. After most of the goods had been removed, Mrs. STEWART discharged them from
further interference, yet more goods were removed after such discharge: no part of the goods has yet been sold. 

 

The Judge directed that the goods in possession be sold for the equal benefit of the creditors, and the balance returned to the
plaintiff; and that the defendants pay the costs. Mr. LOWRY was appointed to sell the goods. 

 

Verdict for the plaintiff, damages, £500; costs 10s. 

 

 

[to be continued] 

 

 

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