[list-cumbria] Carlisle Patriot, 13 Mar 1824 - Cumberland Spring Assizes (39)

[Petra Mitchinson]

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

 

CUMBERLAND SPRING ASSIZES. 

 

NISI PRIUS. 

  

[continued] 

 

WAITE v. HARRISON. 

 

Mr. LAW opened the pleadings, and Mr. ALDERSON stated the case to the Jury. The plaintiff, he said, was lately a tenant of some
property at Holme Hards, in the parish of Holme Cultram, belonging to the defendant, who is a banker at Whitehaven, who had turned
WAITE and his family headlong into the high-way, at an unseasonable hour, to the damage of his goods, and the death of his cocks,
hens, and chickens, which had been shut up in an iron pot by defendant's servants and smothered to death—such was the spirit with
which they executed their commission. An attempt would be made to shew, probably, that WAITE had no right to the premises; but there
was no written surrender; and by the statute of frauds no other but a written one was valid in law. 

 

John HUTTON examined.—I know James WAITE, the plaintiff, and the premises which he occupies under the defendant, Mr. HARRISON; he
had previously occupied under that gentleman, in another place, a house and mill. I know what happened on the 9th Jan. when he was
turned out. Joseph JACKSON, a bailiff, came from Whitehaven, about seven at night; and assisted by a man named John BROUGH, wrought
on till eight o'clock and after. I saw all his goods on the high-road. Seven cooks, hens, and chickens were put into an iron pot,
shut in there, and were dead before morning. After WAITE's wife was turned out in the road, she and three small children, sat upon
some of the goods till they were almost starved. A person named ARMSTRONG having promised to stop and take care of the goods, she
consented to go into a house about nine. 

 

Mr. LAW.—I believe the first count mentions every thing except the cocks and hens. 

 

Mr. ARMSTRONG.—O, yes, it mentions them too; the cocks and hens are not forgotten. But there is no count for imprisoning the
chickens. 

 

Mr. ALDERSON.—There is a count for converting them to your use.—What did you do with them? 

 

Witness continued—BROUGH was a constable: he was there next day; and so was Jos. JACKSON. On the 10th, Mr. LIGHTFOOT asked him to
show what authority he (JACKSON) had to throw James WAITE out; and he said he had authority under Mr. HARRISON. 

 

Cross-examined by Mr. COURTENAY.—This is one of Mr. John LIGHTFOOT's actions. The chickens were running loose, and were gathered and
then put into the pot, but it was in the high road: the next morning they were smothered; but Mr. HARRISON and JACKSON did not sit
upon the lid the whole night. 

 

John ARMSTRONG.—I am a neighbour of WAITE's, and remember Joseph JACKSON and BROUGH, and two servant girls, bearing his stuff into
the road—I saw a great quantity of goods lying there. It was into my house that Mrs. WAITE and her three children (one at the
breast) took refuge. The time was exactly nine; and she was full of trouble. On the next day, I looked into the pot, and saw the
whole of the chickens dead. On the night before, I spoke to JACKSON, and asked him how he could be so unnatural as to throw them out
at that time of the night: and to soften me, he said he had something to do with me also. 

 

By Mr. ARMSTRONG.—How was that to soften you? You were sympathetically inclined before. 

 

Witness.—Why, if you wish me to explain I will. You see, Mr. HARRISON had borrowed a— 

 

His Lordship interposed. 

 

Witness.—Will ye hear the story or not? 

 

Mr. ARMSTRONG.—His Lordship thinks it too long. 

 

Witness.—Aye, I think it's ower lang, tee. 

 

Jacob WAITE.—I am brother to the plaintiff. He (plaintiff) gave up the key of the mill door to Mr. HARRISON for a promissory note of
£50. HARRISON took a valuation of the stock upon the land, consisting of about three or four acres. I never heard any thing said
about quitting the house. I said, to Mr. HARRISON, I hoped he would not turn him out of the house till he got another place, and he
said he would not. My brother had not obtained another place when he was turned out. The usual time for people to go out of houses
among us, is Candlemas, Lammas, and Michaelmas. I am sure Mr. HARRISON said my brother should remain till he got another house. 

 

Cross-examined by Mr. COURTENAY.—My brother had owed Mr. HARRISON money for rent, for which he gave a £50 note, on which was my
name. Mr. HARRISON lived at Whitehaven, nearly 30 miles off. When the note became due, I went with my brother for the purpose of
getting it from Mr. HARRISON—we went in a post-chaise. We did not go to Mr. H. for the purpose of agreeing with him, that he should
give up the note and my brother give up the premises. Mr. HARRISON had told the plaintiff that he would come upon us for the money,
and I was afraid he would send for a writ for me, so I went to get quit of it. Mr. HARRISON got the mill and the crop and stock, and
that was what he was to have for giving the note. The agreement was somewhere about the middle of August. 

 

Re-examined.—The stock and crop consisted of rye, oats, barley, and potatoes: these were not worth £50: there was some small matter
back, but Mr. HARRISON was satisfied with them and the mill-door key for the £50. I did not hear the land mentioned; but he had both
mill and land. 

 

 

[to be continued] 

 

 

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