[list-cumbria] Carlisle Patriot, 13 Mar 1824 - Cumberland Spring Assizes (27)

[Petra Mitchinson]

Saturday 13 Mar 1824   (p. 1, col. 5 - p. 4, col. 5, and p. 1, col. 4)

 

CUMBERLAND SPRING ASSIZES. 

 

CROWN CALENDAR. 

 

[continued] 

 

ROBBING A WAREHOUSE. 

 

EDWARD PARKER, late of Carlisle, labourer, charged with feloniously breaking and entering the warehouse of Joseph SAUL, common
carrier, Carlisle, and stealing thereout a chest of tea, and 24 webs of linen cloth. 

 

On being arraigned and desired to plead, he said, "I am not guilty of entering the warehouse, but I am of assisting those who did
enter it."—The Judge requested him to consider well what he was about. 

 

Prisoner.—I stand charged with it to my God, and I know I assisted in carrying away the things, therefore I cannot deny that: I
throw myself upon the mercy of your Lordship. (Here he wept.) 

 

Mr. Justice HOLROYD.—I am bound to tell you that I cannot hold out any expectation of mercy to you, in consequence of your plea:
perhaps, if you were tried, some favourable circumstance might turn up. 

 

Prisoner.—I am not guilty of stealing the property. 

 

Finally, he pleaded not guilty. 

 

Mr. COURTENAY conducted the prosecution. 

 

Joseph SAUL sworn.—I am a carrier between this place and Newcastle, and have a warehouse here. On Saturday the 22nd of November, I
had a box of linen in my warehouse, nailed and corded, directed to "Mr. William SHIELDS, Durham:" marked on the outside 48,
importing 48 pieces within. There was also a chest of tea left in the same warehouse; and both were left safe when I locked up the
door on the Saturday night. In the course of Sunday, I observed that the door was secure; and on Monday morning, the door was locked
as usual; but when I opened it, I discovered that the linen box had been broken open, and only 24 pieces left; the chest of tea had
altogether disappeared. On Monday morning, at day-break, I found the chest, without the tea, in an empty hogshead, in Mr. ALLISON's
field, opposite the warehouse. In consequence of information, I went to Brampton on the 6th of Dec. and called upon MASON, the
carrier, where I found a trunk containing nine pieces of linen; and, by comparison with one of those remaining in the chest, I found
it to be the same in all respects. The trunk was directed, "James GREEN, grocer, near the Old Castle, Newcastle." 

 

John BARNES, police-officer, Carlisle.—I went to Newcastle, on the subject of the trunk, and it was claimed by prisoner's wife. I
secured the trunk, and apprehended PARKER, at a place called Ouseburn, a little out of Newcastle. I told him that I had taken his
wife and the trunk; and he said that she knew nothing about it, for he had sent the trunk to her. I brought him to Carlisle—made no
promise nor threat. He said, that he and two others robbed the warehouse—that he watched while they took the things away: those men
were in custody in Northumberland. (For breaking into a shop at Hexham.) He gave the same account before the magistrates that he
gave me, and that was taken in writing. 

 

Prisoner.—On the road from Newcastle, he treated me with drink, and told me if I would confess, I should be admitted evidence. 

 

Witness.—He only had a glass to drink, to keep out the cold, when we stopped. So far from making him any promises, I told him I had
no power, and refused to hear what he had to say. 

 

Wm. HODGSON, Esq. clerk of the peace.—I took the prisoner's examination in writing—it was perfectly voluntary. 

 

The examination was put in—we have already published the substance of it. It concluded with "sworn before me," instead of "taken
before me." The commencement "sworn" was erased before the examination was gone into. 

 

The Judge.—The magistrate's signature imports that it was taken on oath.—After referring to an authority (Mr. Justice LE BLANC), his
Lordship pronounced this error a fatal one, and refused to permit the examination to be read, considering it as having been sworn to
by the prisoner. 

 

John BARNES was then recalled, and detailed what the prisoner had said to him in relation to the robbery. 

 

Joseph SAUL.—The value of the articles stolen was in value £14. In consequence of what the prisoner stated, witness recovered four
pieces of linen. 

 

The Prisoner, in tears, said he threw himself upon the mercy of the Court. He was not guilty of the robbery, but he certainly did
assist in carrying off the goods.—I have a paper here, said he, which I hope, you will read. 

 

The Judge looked at the paper, but made no remark. 

 

PARKER, on being asked, said he had no witnesses. 

 

His Lordship summed up, and the Jury very soon returned a verdict of Guilty. 

 

The Judge, in passing sentence on Tuesday, told PARKER that his offence was a heavy one, he having been leagued with other persons
who had probably, ere this, been tried in another county. The Court, on account of what could not be mentioned here, had reason to
believe that this was not his only crime. But a part of the stolen property having been recovered through his means, for that
reason, and for that reason only (said his Lordship with great emphasis), he did not pass sentence of transportation; but two years'
imprisonment and hard labour in Cockermouth house of correction.—PARKER thanked his Lordship for his lenity, but we could not gather
from his manner whether he did it ironically or in earnest—we believe the latter. 

 

 

[to be continued] 

 

 

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