[list-cumbria] Carlisle Patriot, 06 Mar 1824 - Cumberland Spring Assizes (4)

Mon Jul 1 07:01:46 UTC 2024

Saturday 06 Mar 1824   (p. 2, col. 4 - p. 3, col. 5)

CUMBERLAND SPRING ASSIZES. 

NISI PRIUS. 

ALLANBY v. DOVER-ASSAULT. 

[continued] 

Rachael ENGLISH called.-On the 9th of October, I lived in Maryport; on the afternoon of that day, I saw Mr. DOVER in front of my
house, in Wood-street. I saw him first between three and four; again towards the evening, walking backwards and forwards both times,
with a whip in his hand-it was a long whip, with large butt-end, and a long thong at the end-a hunting whip. I saw him, on the
second time, put some knots in the whip. 

Cross-examined by Mr. BLACKBURNE.-He was on one side of the street and I on the other-he had not been cracking it. He might be
knotting a part that had slipt. I know where Bothel is-it is somewhere in the country (a laugh), but I cannot tell how many miles. 

Re-examined.-Wood-street is the entrance from Bothel. 

John LEWTHWAITE, a boy.-I saw Mr. DOVER at Maryport, on 9th Oct., about five in the evening, near the chapel, in Wood-street, having
a whip in his hand, and was walking up and down; I was coming from school. I saw him again about half past six, near the same place.
I saw the plaintiff, Mr. ALLANBY, come up from the road entering Wood-street. The first thing I saw, Mr. DOVER struck Mr. ALLANBY
with the butt-end of his whip, somewhere about the head. Mr. A. fell, and Mr. DOVER struck him again, I believe, as he was about to
rise: he struck him often with the thing. I was not more than a yard or two off all the time. 

Cross-examined by Mr. ALDERSON.-It was not very light; the whip cracked, but not the first time-the whip was a good large one. I
don't know what sort of whip; I am no judge of whips. On your oath was it not a riding whip? I can't tell-it had a straight end. I
saw a dog there-I don't know what sort of one. I know Mr. MORRISON, plaintiff's attorney. I can't tell when he first examined me-I
don't know whether a week, a fortnight, or a month ago. I have had it read over to me yesterday-and the butt-end was put in then: I
was told particularly to recollect that. Mr. MORRISON said to you, did he not, "Mind, don't forget the butt-end?" No answer.-I have
not had a touch at it this morning-I saw Mr. ALLANBY on the day after, but I cannot say where-he was not swaggering about that he
had thrashed Mr. DOVER. 

Re-examined.-Mr. MORRISON did not read any paper to me yesterday. He only told me I was to speak up and not be afraid-that was what
I meant. No paper was read to me. Mr. ALLANBY called upon me on the subject the day after the assault. No paper has been read to me
since I was first examined by Mr. MORRISON, at Maryport. I don't know a hunting whip from a driving whip-the one struck with had a
thong. 

John TINION.-I am son of a master of a vessel at Maryport. On the 9th of October I saw Mr. DOVER, about half-past five, in
Wood-street, walking about, with a horse-whip in his hand: I saw him there about an hour. I watched him, because I heard tell in the
town that he was going to whip Mr. ALLANBY: that brought the time to about half-past six, and it was not then very light, but I kept
near enough to see what he was doing. Mr. ALLANBY came up from the Nether-Hall road. Mr. DOVER went up to him immediately and struck
him with a whip, I being only a yard or two off. He hit him with the butt-end about the head, and knocked him down. As he was rising
up, Mr. DOVER lashed him severely with the thong, He struck often. 

Cross-examined by Mr. BLACKBURNE.-Amos FLETCHER was with Mr. ALLANBY: he had been hunting with him; no one else was with them. I saw
Mr. MORRISON come in about half an hour before, on horseback, and had no dogs with him. Mr. DOVER spoke to him as he passed. I knew
Mr. DOVER's greyhounds. ALLANBY had dogs with him; but I don't know whether any of Mr. DOVER's or not-he had two or three. I saw Mr.
ALLANBY two days after-I did not see Mr. DOVER take away any dog-I wanted only to see a particular thing, and then I gave over. I
have not been examined since I came to Carlisle. 

Re-examined.-As soon as Mr. Amos FLETCHER saw Mr. ALLANBY struck down, he went off with the dogs. 

Thomas HINE.-I am son of Mr. HINE, tide-officer at Maryport. On the 9th of October I saw Mr. DOVER strike Mr. ALLANBY, in
Wood-street, with the butt-end of his whip, over the head, and Mr. ALLANBY fell-he was on foot. Mr. DOVER lashed him unmercifully,
after he fell, with the thong-I don't know how many times he struck, for I went off about a hundred yards, came back, and Mr. DOVER
was then horse-whipping him. 

Cross-examined by Mr. ALDERSON.-I can't say how long he lashed him, nor how many times. I will swear he struck more than once,
twice, thrice, four times,-but not ten. I ran the hundred yards to tell some of my comrades that there was a fight. And when you
came back he was still lashing away, eh?-Yes.-Oh, yes!-I saw no dogs-not even before the fun began. I won't swear there were none. I
saw Amos FLETCHER ran away, and I did not see him again till after; but I stopped to see it out. Mr. DOVER first went home. ALLANBY
went towards Mr. DOVER's house; within about 30 yards of it. The whole affair lasted more than a quarter of an hour. I was examined
by Mr. ALLANBY before he went abroad. Was this before Mr. MORRISON's quarrel with the defendant?-Mr. AGLIONBY objected to this. 

Witness continued-I have heard of a quarrel between Mr. MORRISON and Capt. DOVER, and it was after this quarrel that Mr. M. examined
me. My examination was read over to me, by Mr. MORRISON, a week since. 

Re-examined.-No paper was read to me a week ago, that told me what I had said. Mr. ALLANBY and Mr. MORRISON came to me together at
the school, after the quarrel between the latter and the Captain. I don't know that what I said then was taken down in writing. I
saw Mr. MORRISON about it a week since. 

Mary HUDD.-I was at Mrs. RUSSELL's, at Maryport, on the 9th of October, and saw Mr. ALLANBY come in. I had not then heard of the
assault. I observed the appearance of his face: his left cheek was very much swoln, and the skin was off it. On the 10th, I saw him
again at Jane RUSSELL's, and observed three severe marks on his left arm; the skin was off: they appeared as if done with a whip.
There were also some black marks but I did not number them. 

Cross-examined by Mr. BLACKBURNE.-Mrs. Jane RUSSELL sells bread and biscuits; I lived with her. Mr. ALLANBY took his coat off in the
shop, and turned up his sleeves. I was not present when Mr. MORRISON and Capt. DOVER quarrelled. I did  not hear Mr. ALLANBY say he
had broken his hunting-staff over Mr. DOVER. 

Jonathan DORAN.-I saw Mr. ALLANBY on the 10th of October; he showed me his arms-they had black marks across them, apparently done by
a whip. 

Cross-examined by Mr. ALDERSON.-The marks were above the wrist-there was a sort of scratch, but the skin was off.-Do you know the
population of Maryport? I don't know-I only know what I saw. 

Mr. AGLIONBY said he would not call any more witnesses. This was his case. 

[to be continued] 

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