[list-cumbria] Carlisle Patriot, 20 Sep 1823 - Dumfries Law Courts

[Petra Mitchinson]

Saturday 20 Sep 1823   (p. 3, col. 2)

 

DUMFRIES, September 10. 

 

The Jury Court was opened here this day before Lord Pitmilly. The only cause for trial, was "John KERR, of Mousewald Banks, pursuer,
against James BARBOUR, writer, in Castle Douglas, defender." The question at issue, in the language of the Judge's summing up, was
one of pure fact, and very simple in itself, namely, whether a transaction which had been proved to have taken place betwixt Geo.
Kerr and the pursuer was a real transaction intended to convey the lease of Banks exclusively and unconditionally in favour of the
pursuer, or whether it was not, as maintained by the defender, a simulant transaction, devised for the purpose of giving the
possession ostensibly and nominally only, to the pursuer, while Geo. Kerr continued the real tenant of the farm and drew profits of
it: there had been a distraint and sale of KERR's goods at the instance of Mr. HALLIDAY, banker, Dumfries. The jury, after being
absent about ten minutes, returned a verdict for the pursuer in terms of the issue pleaded. 

 

His Lordship, on the following day, opened the Circuit Court. 

 

John M'GRORIE, a common thief, under pretence of being a common beggar, pleaded guilty to a charge of stealing a coat, pair of
trowsers, and other articles, on the 2nd August, from the house of Robert SELKIRK, butcher, Dumfries. Six months' imprisonment. 

 

Geo. SCOTT, mariner on board the Christiana, of Carlisle, accused of murdering Arthur Richards JOHNSTONE, mariner, by stabbing him
in the abdomen with a knife, at Annan, on the 10th June, was outlawed for non-appearance. 

 

John DOUGLAS, late of Cocketfield, now of Haggs, was charged with forging the subscriptions of a attestor and witnesses to a bond of
caution, in an process of suspension of a decree of the Sheriff Court of Dumfriesshire, and with using and uttering the forged bond
as genuine. He pleaded not guilty. After a long trial, in which he was ably defended by Mr. MAITLAND, the jury brought in an
unanimous verdict of not proven, and the prisoner was discharged, after an admonition from the Judge. 

 

On Friday, Geo. ARMSTRONG, charged with a violent assault on John HOGG, carter, was dismissed from the bar, on the motion of the
public prosecutor, for want, of evidence; and thus ended the criminal business. 

 

There were two or three appeal causes, but possessing little public interest. 

 

 

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <https://list.cumbriafhs.com/pipermail/list-cumbria/attachments/20240112/56ab8ced/attachment.htm>