[list-cumbria] Carlisle Patriot, 18 Oct 1823 - Cumberland Sessions (4)

[Petra Mitchinson]

Saturday 18 Oct 1823   (p. 3, col. 2-4)

 

CUMBERLAND SESSIONS. 

 

[continued] 

 

FELONY. 

 

Joseph ROSS and John ROSS, of Wigton, (two brothers) were put to the bar, charged with stealing, on the 4th instant, fifty pounds
weight of lead, from the dwelling-house of Ann BORROWDAILE and Hannah LOWES, widows, their joint property. A second indictment
charged them with stealing fifty pounds of lead from the houses of four other inhabitants of Wigton. They pleaded Not Guilty to both
charges. 

 

Mr. AGLIONBY, in stating the facts of the case, said the houses of Mrs. BORROWDAILE and Mrs. LOWES adjoined each other; the water
from the eaves was caught in a wood spout, but was conveyed to the ground in a lead one, which was fastened to the wall with
staples: it was a great portion of the latter that the prisoners were charged with stealing, and though his proof was wholly of a
circumstantial nature (nobody having seen the prisoners actually take down the pipe), yet he doubted not he should succeed in
establishing their guilt to the satisfaction of the jury. 

 

Mrs. BORROWDAILE proved the nature of the property as stated by Mr. AGLIONBY. She missed the spout on Saturday morning the 4th of
October.-In her cross-examination by Mr. COURTENAY (who appeared on behalf of the prisoners) she said that the lead was jointly put
up by her husband and Mrs. LOWES's husband before their death; and she and Mrs. L. since that event had always considered it joint
property. 

 

Mrs. LOWES was ill, and could not appear in Court. 

 

Joseph BRISCO.-I live near Wigton. The prisoners' house is about 300 yards from Mrs. BORROWDAILE's. On the morning of Saturday the
4th, I saw John ROSS, a little before six, near his own stable, taking some hay to a cart, about 20 yards off, with no horse in it;
and heard him say to some one apparently within, "Will this be enough." John went to the stable. 

 

Cross-examined.-John is a shoemaker. I don't know that he has a horse and cart. Joseph leads coals, and has occasion for a horse and
cart. 

 

Re-examined.-They live together. 

 

John DUGDALE.-On Saturday morning the 4th, I was at the west end of Wigton about a quarter before six, and I saw both the prisoners
there with a cart, nothing in it apparently but hay or straw. 

 

Cross-examined.-That was the usual time to go about work. 

 

John PEARSON.-As I was going to work on the Saturday morning in question, I saw the prisoners near the print-field with a horse and
cart-it had run off the road into the turnpike gutter, and they were trying to get it out. Several of us went up to assist them, but
they objected to our coming near, and we went away without seeing what was in the cart: both were present and objected. 

 

Cross-examined.-The horse was restive, and they did get the cart out. 

 

Daniel WILSON.-On the 4th of October I saw the two prisoners near Thursby with a cart: John was driving; Joe sat alongside of him;
and they went pretty briskly towards Carlisle. 

 

Grace MILLICAN.-I am waiter at the Three Crowns public house, Carlisle. Between 10 and 11 on Saturday morning, the 4th, I saw the
prisoners, with a horse and cart, coming out of Blackfriar's Street, near the gaol, and both were together. Messrs. PORTERs'
foundery is in Blackfriar's Street. About one, they came into the Three Crowns and had some ale. 

 

John FARLEY.-I am clerk to Messrs. PORTER, whose iron foundery is not far from the gaol. On Saturday morning, the 4th, Joseph ROSS
(witness pointed him out) came to me between seven and eight, in the foundery office, and inquired what we gave for lead; and some
time after I bought of him 1cwt. 2qrs. 16lb. of that article, apparently newly melted, in two or three lumps. I asked him where he
got it. He said he was a collector of old metal; that he had had it a good while; and he said his name was John THOMPSON. 

 

Cross-examined.-Messrs. PORTER are persons not likely to deal in stolen property. The first time I saw Joseph was between 7 and 8;
the sale took place about 10. It is the general custom with us to ask the names of persons who sell such articles.-I can swear that
he did not say he got the lead of John THOMPSON. 

 

Re-examined.-I am quite certain he said his name was John THOMPSON. 

 

William RICHARDSON.-I am hostler at the Three Crowns, Carlisle. I saw the prisoners on the Saturday forenoon: they had only one
horse with them then: they afterwards brought another about half-past 12, which they said they bought by auction in the market. 

 

Wm. BARNES, constable at Wigton.-I received intelligence of the robbery on Saturday the 4th, about nine in the morning, and went in
search of the prisoners to Carlisle, where I called at Messrs. PORTERs' foundery and they gave me such information that I knew
Joseph ROSS was the person who had sold the lead. I afterwards apprehended him. The prisoners live at the west end of Wigton with
their father and mother. John is a shoemaker; the other a carter. 

 

 

[to be continued] 

 

 

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