[list-cumbria] Carlisle Patriot, 18 Oct 1823 - Cumberland Sessions (5)

[Petra Mitchinson]

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

 

CUMBERLAND SESSIONS. 

 

FELONY. 

 

[continued] 

 

John Lowry MULLENDER, police-officer, Carlisle.-I went with the last witness in search of the prisoners, and we apprehended Joseph.
I asked him if he had sold any lead in Carlisle that day? He said he had not. To no foundery? I again inquired: No, he replied. I
then crossed over to the Post-office Lane, leading to the foundery, where I made a stop, and looking him full in the face, Did you
not, said I to him, sell lead at Mess. PORTERs' foundery this morning? He answered, "Find it out." This was about three. 

 

Cross-examined-Reports of the theft soon spread about. Should you not think it unsafe for a person to confess selling lead at a time
when such an article had been stolen? Certainly. 

 

Mr. AGLIONBY-Very unsafe, no doubt, especially if that person had stolen it! 

 

Wm. BUTTERY, of Wigton, constable-On Saturday the 4th, in consequence of information, I went to ROSS's father's house, where I found
in the ashes, below the fire grate, particles of lead and dross; some was also sticking to the bars, and had the appearance of
having been melted through the grate into something below. (He produced some of these remains which were handed to the jury.) The
lead must have been recently melted. 

 

Mr. Isaac WESTMORLAND of Wigton-I went to Mrs. LOWES's house to see what had been taken away. I measured a piece that remained, and
by it calculated what was gone-making from 176 to 178 pounds. 

 

Cross-examined-When in business I was in the candle and soap line. I attended on this occasion as a member of an association for the
prosecution of felons. I made the calculation at the request of the magistrates. 

 

This was the case for the prosecution. Mr. COURTENAY called for the prisoners a William TAYLOR, who said he met Joseph near Dearham,
three weeks ago last Friday, in the road with a cart; he appeared to be collecting old metal; and witness saw him buy of a person
certain articles of old stuff, which he paid for.-In his cross-examination, this witness said he was also 'a collector of old
stuff;' and Mr. AGLIONBY handled him so dexterously as to expose the hollowness of the story which he had trumped up in order to
bring his friends off. This was the only witness they ventured upon. 

 

The Chairman, in summing up, said the evidence adduced, was such as called upon Joseph ROSS to account for the lead which he sold,
but this he had not done, and the inference was clear; to say nothing of giving a wrong name to the clerk, and denying to MULLENDER
that he had sold any lead at all. 

 

The jury, without much hesitation, found both prisoners Guilty. 

 

Mr. AGLIONBY-I have another case of stealing lead the same night, but with this verdict I shall not proceed any further. 

 

Mr. COURTENAY-My learned friend should not make a merit of his forbearance, which is merely a matter of convenience. Whatever lead
they stole, it was all sold at one time. 

 

Mr. AGLIONBY-The court is probably aware of the power given by the statute in this case. Every such felon may be transported seven
years. 

 

John-I wish I may die if ever I had a bit of lead in my possession in my life.-Joseph held his peace. 

 

Mr. WYBERGH-How long have you been at Wigton, Joe? About fourteen months.-Where did you last come from?-From Woolwich. 

 

Mr. AGLIONBY-The fact is, but I wanted not to say it, that he has just returned from transportation. 

 

John, too, we understand, has recently suffered a long imprisonment for stealing a watch. 

 

Sentence of the Court-Seven years transportation. 

 

John asked the chairman if the seven years transportation was between them? Seven years each, was the answer. "Never mind it," says
he, "we'll come back again." 

 

Betsey PATTERSON and Hannah HOLMES, of Whitehaven, two women of the town, were found guilty of robbing John Hendrick HORE, a Dutch
seaman, of one guinea and one sovereign. It appeared by HORE's evidence (who spoke very good English), that he met the prisoners in
the street, on a Saturday night, after he had taken a glass or two; that he went home with them, and having taken off a part of his
clothes, one of them handed his trowsers to the other, who extracted the money from his pocket before his face, and afterwards
stoutly denied it, striking him with a poker when he demanded restitution. The next day being Sunday, he could gain no assistance;
but on Monday a police-officer went to the house, and found the coin mentioned in the indictment in HOLMES's box, which CORR [sic]
identified by marks which he (knowing the risk to which a sailor's money is exposed) had put upon all his gold at the time of
receiving it. Mr. AGLIONBY subjected the prosecutor to a rigid cross-examination, but made little impression upon his testimony. The
prisoners pretended that the money was given to them; yet, though they spoke in the presence of each other, their stories varied
considerably.-Both were found Guilty.-To be transported seven years. 

 

David HAMILTON was tried for stealing some half-pence from the shop of George GRAHAM, while the latter was employed in picking out
large half-pence to give him for penny-pieces: but as GRAHAM could not swear that he actually saw him with the copper in his hand,
though he saw a motion of conveying it to his pocket, the prisoner was acquitted. This is the second time he has escaped deserved
punishment, having been before tried for a similar offence committed in Scotch-street, Carlisle. 

 

Richard ROE pleaded guilty to a charge of stealing a spoon at Whitehaven. His miserable appearance extorted a joke from Mr.
COURTENAY, who observed that there stood Richard ROE a perfect picture of legal distress!-Three months hard labour in the house of
correction at Whitehaven. 

 

A true bill was found against the inhabitants of Dalston, for not repairing a wooden-bridge over the Caldew leading to Messrs. R. &.
G. COWEN's manufactory, called Dalston foot-bridge. 

 

The public part of the business was brought to a close on Thursday morning. 

 

 

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