[List-Cumbria] Carlisle Patriot, 14 Sep 1816 - Cumberland Assizes (39)

[Petra Mitchinson]

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

 

CUMBERLAND ASSIZES. 

 

[continued] 

 

PHILLIPS v. CARRUTHERS.—The plaintiff in this case is John PHILLIPS, and Robert CARRUTHERS, defendant. The action was brought by
plaintiff to recover the sum of £33, for a mare, a gelding, and money lent. 

 

Margaret EDWARDS sworn.—She is an innkeeper at Kirklinton; remembers a mare being sold by John PHILLIPS to Robert CARRUTHERS for
£19, and the mare was delivered, but she saw no money paid. The parties came to her house together. PHILLIPS rode away his own poney
and led the mare; CARRUTHERS walked. 

 

Wm. IRWIN, on the 5th August, saw John SCOTT pay 12 guineas to CARRUTHERS for John PHILLIPS. 

 

John SCOTT sworn.—Knows that a horse was sold to CARRUTHERS by PHILLIPS, and witness paid CARRUTHERS 12 guineas which he, witness,
owed PHILLIPS; and he mentioned that it was PHILLIPS's money, and that he confided it to CARRUTHERS for the purpose of relieving
PHILLIPS from gaol at the request of CARRUTHERS himself, but not of PHILLIPS. The latter was released through the interference of
CARRUTHERS. 

 

Lesley MAXWELL sworn.—PHILIPS was arrested by his order for £26, which was paid by Robert CARRUTHERS. 

 

Christ. LAMB examined.—PHILLIPS and CARRUTHERS are married to two sisters. Remembers being present at Longtown when the parties
settled all accounts. He heard £26 mentioned and the mare; and 28s. due to CARRUTHERS, which the latter did not care about on
account of relationship. 

 

Cross-Examined by Mr. RAINE.—Witness was also at Hethersgill public-house; saw CARRUTHERS offer £10 to PHILLIPS, observing that he
would rather pay twice that sum than have any trouble with him; this was about Candlemas. 

 

Re-Examined on the other side.—PHILLIPS had served a writ on CARRUTHERS before this meeting at Hethersgill, but witness does not
remember that the former settlement was then mentioned between the parties. 

 

Mr. G. SAUL sworn.—Remembers that the debt and costs were satisfied for which PHILLIPS was arrested by MAXWELL. 

 

Mr. RAINE, in addressing the Jury for the plaintiff, contended that the words used by one of the witnesses—"I question but
CARRUTHERS did offer to pay £10 with costs of suit," in the Cumberland mode of expression, means, that he certainly did offer it. 

 

Mr. Justice BAYLEY in summing up, admitted that the truth was difficult to be unravelled. He observed that CARRUTHERS' paying
MAXWELL's debt is not a set-off, unless he was authorised so to do by PHILLIPS, of which no evidence had been produced—yet the
witness LAMB seemed to imply in his evidence that a final settlement did take place, but of which there still appeared much
doubt.—Verdict for the plaintiff £11, 4s. 

 

 

[to be continued] 

 

 

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