[list-cumbria] Carlisle Patriot, 13 Mar 1824 - Cumberland Spring Assizes (29)

Tue Aug 6 12:37:40 UTC 2024

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

CUMBERLAND SPRING ASSIZES. 

CROWN CALENDAR. 

[continued] 

CORN STEALING. 

JOHN BLAKE, was put to the bar, charged with feloniously stealing a quantity of corn, at Low Plains, the property of Mr. MACHELL,
his master. 

He pleaded not guilty. 

Mr. MARSHALL stated the nature of the indictment. 

Mr. COURTENAY gave an outline of the case for the prosecution.-In consequence of what the prisoner had been induced to say to
another person on a suggestion that it would be better for him, Mr. C. said he was precluded from offering in evidence some material
facts: the prisoner also made a confession after apprehension, which he should likewise forbear to state until he saw whether it
could be put in. 

James TURNBULL called.-I was in the service of Mr. John MACHELL, in January last. On the 18th of that month, I found in my master's
barn, at Low Plains, two sacks of oats, among the chaff. After I found them, John BLAKE, the prisoner, came up; I called to him, he
asked what I wanted: I told him to come here: he said, "Have you found that nest of corn." I answered, "I have; whose is it?" BLAKE
replied that it was his. I asked him what he was going to make on it: he said it was for the horses. 

Judge.-Had he any thing to do with your master's horses.-Witness.-Yes, he wrought with two of them. 

I told him he had better take it to his horses from that place. He took one bag of the oats towards Bull-copy-shed; I went into the
barn half an hour afterwards, and the other sack was gone. Joseph BELL, Jacob MILBURN, and I, afterwards went to the shed, and found
a sack of wheat capped with oats. "John MACHELL, Esq. Low Plains, nigh Penrith," was on the sack. We watched there all night-till
five in the morning. No body came near us; but during the night, I saw a man and a horse go through the farm-yard into the fields,
past the Bullycopy-shed [sic] end: I did not go out to see who it was; my companions thought I had been mistaken, and would not let
me go out. About five, we called up John BATY, the head-servant; and we then traced a horse's foot-mark on the place where I had
seen it the night before, across a piece of common to a gap on the south side, opposite MATTINSON's house; and there being green
ground, we could not trace it any further; but we traced the horse back again to Low Plains-by the mark of the shoe, we thought the
horse was Boxer. I saw the prisoner about twelve on the same day. He asked me where I had been the night before, that I was not in
bed? I asked him where he had been, that he was not in bed? We slept in the same room. I told him I thought I could give a better
account of myself than he could. I said to him, "I suppose it was thee that was riding away with the corn last night." I told him he
had better tell me where the corn is. In consequence of what he said, we went to Tommy MATTINSON's stack-yard for some oats, but
found none there. We subsequently returned to MATTINSON's house on account of receiving fresh information, and discovered, in
MATTINSON's barn, three sacks of oats, but I did not know to whom the sacks belonged-one of them was marked "W. FERGUSON," and was
torn at the top. We brought the sacks to Low Plains. 

Cross-examined by Mr. PATTINSON for the prisoner.-I did not see either man or horse that night; saw no corn; and many horses turn in
their feet. Nor did I know the sacks which I saw at MATTINSON's. 

Re-examined.-We went to MATTINSON's in consequence of directions from the prisoner. 

John BATY.-I am head husbandman to Mr. MACHELL. Early in the morning of the 19th, TURNBULL gave me some information about corn, in
consequence of which I went to the granary about six. We had oats there belonging to my master-they were in a heap. About three
Carlisle bushels of them had disappeared. We traced the marks of the horse's feet, nearly south, towards MATTINSON's-I judge the
traces to be those of Boxer, Mr. MACHELL's cart-horse. On our return we fell in with MATTINSON, and what he told me, I told TURNBULL
and a man named MOSSCROP, and they went to MATTINSON's. I also informed Mr. WATSON, a partner with Mr. MACHELL in the surveying
business, but who has nothing to do with the farm. In consequence of directions from this gentleman, we went to seek after John
BLAKE, the prisoner, he having absconded. I had seen him that morning, and set him to work. My master had on his premises, a sack
with the name of "W. FERGUSON" upon it; this sack was missing on the morning in question as well as three others. On Tuesday, the
day after, I received some corn which was brought by TURNBULL and MOSSCROP-some part of it was in the sack marked FERGUSON, and it
was of the same quality as that which we had missed from the granary. 

TURNBULL recalled.-The corn found at MATTINSON's was put back into the granary on Monday afternoon. 

BATY.-I did not examine it till Tuesday, about eight or nine. I examined the sacks at Penrith, where they were taken. I did not
compare the corn together. 

Cross-examined by Mr. PATTESON.-There are plenty of this kind of oats grown all over the country. The quantity of oats in the
granary was about eight bushels. I don't know who FERGUSON is. Plenty of horses may have feet like Boxer. Prisoner has lived in Mr.
MARSHALL's service three half years; I had been there all that time, and his character was very good. 

Thomas MATTINSON.-I live at Plumpton-foot. I saw the prisoner at my house on the 18th of January: He asked me if I was going to
Penrith on Tuesday with a cart. I answered that I was not sure that I should go on Tuesday first or not; but that I should go on the
next Tuesday. He asked me if I would carry him a lock of corn to Penrith: I asked him if John BATY was not going? He replied, No;
that they (Mr. MACHELL) had sold some corn below Carlisle, and therefore John BATY was not going. I said I would take the corn
either on the first or second Tuesday. He told me I was to leave it at the Bowling-green inn. During the night after the
conversation took place (Sunday the 18th) our dog made a great noise; and on Monday morning I found three bags of corn in the
stack-yard. In the course of the morning, I saw John BATY, and asked him if he had lost some (objected to)-I gave him some
information about corn. 

Cross-examined by Mr. PATTESON.-I knew the prisoner to be Mr. MACHELL's servant. 

TURNBULL recalled.-It was Sunday the 18th of January on which I found the sacks in chaff; on Sunday night I watched; and on Monday
morning informed BATY. 

Edward SCOTT.-I am a constable. I took the prisoner into custody on Tuesday morning the 20th of January. I found him at Mrs.
WORDSWORTH's, in Penrith. After I had taken him, he said it was a bad job; that he was afraid he had ruined both himself and the
girl-meaning a person with whom he had been all night. I told him he had better not say any thing to me, for if he did it would
appear in evidence against him. He said it was the first thing he had ever lifted (stolen) in his life. He thought, he added, if he
saw Mr. MACHELL, he would forgive him; but Mr. M. was from home. After this I said to him, "Thou wouldst have a hard tug with such a
quantity as they represent to be stolen." He replied, "I had not a hard tug at all; I took a horse out of the stable to carry it." 

By Mr. PATTESON.-I am sure I made him no promise. 

Thomas MOSSCROP.-I found some corn on MATTINSON's premises, in the sacks, one of them marked "W. FERGUSON." That now produced is the
same. 

TURNBULL, recalled, also spoke to the identity of the sack: but would not swear positively. 

BATY recalled.-This sack was on Mr. MACHELL's premises-the same that was missing. The value of the corn is 27s.; of the sacks about
6d. each. 

By Mr. PATTESON.-The sack looks very like the same; but I cannot positively swear. 

The Prisoner left his defence to his Counsel. 

James IRVING said the prisoner lived with him eight years, during which had entrusted him in various ways, and never saw any thing
but honesty and industry in him-he behaved faithfully as ever servant did. 

James BROWN had known the prisoner for three years, and spoke well of him. 

John ARMSTRONG also gave the prisoner a good character. 

His Lordship summed up the evidence, pointed out its bearing; and the Jury, after a few minutes' consultation, found a verdict of
Guilty, but recommended him to mercy on account of his good name. Ten months imprisonment in the house of correction at Cockermouth.

[to be continued] 

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