[list-cumbria] Carlisle Patriot, 13 Mar 1824 - Cumberland Spring Assizes (25)
Petra Mitchinson
petra.mitchinson at doctors.org.uk
Sat Aug 3 00:45:10 UTC 2024
Saturday 13 Mar 1824 (p. 1, col. 5 - p. 4, col. 5, and p. 1, col. 4)
CUMBERLAND SPRING ASSIZES.
CROWN CALENDAR.
STEALING FROM THE PERSON.
[continued]
Margaret SMITH.-I was at the prisoner's house on the 20th of January last, at about a quarter past ten o'clock; no one was there but
an old woman when first I went; she was Sarah BIRD's mother; but the prosecutor and Sarah BIRD soon came in. Ann HARRISON went in
with me. After I had been there a little, prisoner, BIRD, shewed me a mahogany snuff-box, with a piece of silver on the lid. She
said, Look at this, Margaret. Prosecutor was in the house standing up; but he could neither hear nor see this. I stopped a little
bit; and then I and the old woman were sent out.
By the Court.-Nothing further passed than her shewing me the box. She whispered to me, and put it into her pocket.
Resumed.-Ann HARRISON did not go out. A little after we went out, the old woman and me returned, and were again sent out. On the
third time, BIRD came towards the bed to me and appeared to wish me to take what I thought was a watch, but I said I would have no
concern with it-I heard what I supposed to be seals jingle. BIRD went from me and put whatever she had in her hand under the
bolster. Prosecutor was standing on the floor at this time: and afterwards he and BIRD went out together. Ann HARRISON did nothing.
When BIRD came back, she told Ann HARRISON to take the watch from under the bolster, and give it to her, and BIRD accused me for a
rotten-hearted faggot, and said the watch was all smashed to atoms. I saw the watch when HARRISON took it from under the bolster; it
was a silver one, with gold keys, two gold seals, and a dark ribbon; I should know it again.
BIRD.-Margaret SMITH has stood at the bar for such things herself before now.
SMITH.-It is did [sic] true.
BIRD.-Yes say so, but we are quite convinced of the truth of what I say.
SMITH.-No I have not.
BIRD.-I dare say some of the Whitehaven police-officers can testify that you were had up at Penrith for stealing a Gentleman's
watch.
SMITH.-That was a watch that was given to me.
Judge.-Have you any thing more to say?
BIRD.-Nothing, my Lord, but that we are all prostitutes together, and not to be believed on our oaths!
James NICHOLSON, police-officer at Whitehaven, said he searched BIRD's house on the 21st of January, after the prisoners were
apprehended, and found in the ash-hole, and concealed about the chimney, a pocket-book, PIERCE's Antidotes, and two gold seals.
The Prosecutor was recalled, and he identified the property. He estimated the seals at two guineas value. The watch, which has not
been recovered, was worth, he said, 14 guineas, having a detached lever.
The snuff-box being shewn to Margaret SMITH, she said it was the same that she saw in BIRD's hand.
This was the case for the prosecution. The prisoners were called upon for their defence.
BIRD.-I have nothing to say, my Lord, except that Mr. -- was in bed with me, and used me as he thought proper; I thought proper,
therefore, to have some payment for it.
HARRISON declined saying any thing-she still wept and hung her head, while her companion looked round with seeming gratification
that she was an object of so much attention.
Mr. Justice HOLROYD went over the evidence, which, he said, bore much more strongly upon BIRD than upon HARRISON; for although she
had handed the watch from under the bolster, she could not be said to have been guilty of stealing; but she was punishable in
another manner. If HARRISON had been privy to the robbery, or had assisted in it, then she would be guilty on this indictment; but
if it merely came to her knowledge afterwards, though she took the part she did, she was not guilty of felony.
Verdict-BIRD, guilty; HARRISON, not guilty.
The trial took place on Saturday; on Tuesday, the prisoner was brought up to receive sentence. The Judge told her that there was
reason to conclude, that she had long obtained a living by the most abandoned and lascivious courses, and was familiar with crime;
it was therefore necessary to make an example of her, as he found she was perfectly incorrigible. The sentence of the Court, was
Seven Years' transportation beyond seas.
BIRD.-My Lord, I wish to say a few words. The sentence passed upon me is very hard, very hard indeed, but I am quite satisfied with
it my Lord, though it is not just. It is very hard that I should be transported for seven years, while the woman who murdered her
child should get off for such a short imprisonment. But I don't care, my Lord. I am as much tired of this country as this country is
of me, and the sooner I am sent out of it the better.
Here she was taken down, and as she descended the steps to return to the gaol by the subterranean passage, the Court resounded with
her voice-"Oh, murder! murder! murder! Oh, murder! I am murdered by inches, I am murdered by inches by false swearers!
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* Of Love or Adventure, we presume. The other work was sadly out of Season in such company-its mention raised a loud laugh in Court.
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[to be continued]
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