[list-cumbria] Carlisle Patriot, 06 Mar 1824 - Westmorland Spring Assizes (1)

[Petra Mitchinson]

Saturday 06 Mar 1824   (p. 4, col. 1-6)

 

WESTMORLAND SPRING ASSIZES. 

 

Mr. JUSTICE HOLROYD arrived at Appleby at six o'clock last Saturday evening, Feb. 28, and having opened the commission, took up his
abode, as usual, at the Castle, the residence of the hereditary High Sheriff, when the Noble Earl happens to visit the scene of his
shrievalty. 

 

On Sunday the learned Judge attended Divine Service at the parish church, escorted by Thomas BRIGGS, Esq. the Under Sheriff,
javelin-men, &c. where a very able and appropriate discourse was delivered to a numerous congregation by the Rev. Mr. GIBSON, of
Kirkbystephen. 

 

The town preserved its wonted dulness during the whole of the day, a couple of hours after night-fall only excepted, when
solicitors, witnesses, and a few others whose business led them to the assizes, began to rattle in in post-chaises, &c. Nearly all
the counsel on the circuit * arrived before five, and at that hour dined together at the King's Head inn. 

 

It had been made public that the Judge would go into Court on Monday morning so early as nine o'clock, in order to proceed till
twelve with such civil causes as were ready, and then swear the Grand Jury; but this was found to be impracticable. There were no
causes in readiness at so early a period; the attorneys had not had time to retain and instruct; and the counsel, of course, had not
prepared themselves for the conflict by perusing their briefs; for even wig and gown must have chapter and verse before it can hold
forth, great as is the gift of the tongue, and wonderful the effect of a good fee. But alas! for the briefs. Hour after hour passed
away, and they came not! At length it was discovered that, whatever might have been the intensity of legal expectation, there was no
chance of a golden harvest, as the good people of Westmorland seem more inclined to keep their money in their pockets, than to risk
it in the 'gloriously uncertain' lottery of the law. 

 

Precisely at twelve on Monday, his Lordship set out from the Castle, and soon arrived in the Crown Court, where he took his seat;
and after the usual preliminaries, the following gentlemen were sworn as the Grand Inquest of the County: 

 

Sir P. MUSGRAVE, Bart. M. P. of Eden-Hall, Foreman. 

Thomas WYBERGH, Esq.              R. TINKLAR, jun. Esq. 

W. CRACKENTHORPE, Esq.       John HAMMOND, Esq. 

James BROUGHAM, Esq.             Nicholas DENT, Esq. 

T. H. MAUDE, Esq.                        Ralph FISHER, Esq. 

William WYBERGH, Esq.              E. W. HASELL, Esq. 

Matthew ATKINSON, Esq.           W. W. ATKINSON, Esq. 

John HILL, Esq.                              John HILL, jun. Esq. 

 

The King's Proclamation having been read, the learned Judge delivered his charge:— 

 

Gentlemen of the Grand Jury—I am happy to say, as far as I can judge by the calendar and the nature of the offences set forth in it,
that your labours on this occasion are likely to be very short, the number of the prisoners being but small—indeed, the greater part
of those whose cases will come before you are connected together. This paucity of offence, particularly of a cruel ferocious nature,
leads me to the conclusion, that crime has not made that progress in the county of Westmorland which is unhappily the case in too
many other counties; and by the attention and exertion of the magistrates, seconded by the well-known peaceable habits and good
disposition of the people, I hope the desolating torrent will never overleap your borders—that the peace and order of Westmorland
will be maintained as heretofore. It is wiser to attend to the prevention than to the punishment of crime; to look to the internal
arrangements of your prisons, so that persons who may be confined in them may be liberated better and not worse than when
committed.—His Lordship concluded by a few unimportant remarks on one or two of the cases, and by requesting the magistrates to
attend to the recommendations of his Majesty's Proclamation for the suppression of vice which had just been read by the officer of
the Court. 

 

The Grand Jury having retired, Mr. BLACKBURN said he had an application to make to his Lordship in a case of assault (MOFFAT v.
HUDSON †) that was to have come on at these assizes; but he was sorry to say that no venire had yet arrived, and therefore no trial
could take place—— 

 

Just as Mr. BLACKBURNE had uttered these words, the Marshal opened a parcel which was handed to him, containing the lost venire—it
had that instant arrived by the mail. The opportune discovery excited some merriment. 

 

Mr. BLACKBURNE.—We have been searching all day without success: I am glad it is come. 

 

Mr. ALDERSON.—After so fortunate an occurrence, I am sorry to be under the necessity of applying to your Lordship to put this case
off on account of the absence of an indispensable witness. I hold in my hand an affidavit, that Thomas HARDY, residing at Durham,
whose testimony is most material to the defence, is unable to come hither. He was thrown from his horse on the 25th of February, and
is thereby rendered incapable of travelling. 

 

Mr. BLACKBURNE.—The affidavit certainly does state [  ]ess: the case therefore must stand over, I suppose, at the usual terms of
paying costs. 

 

Mr. ALDERSON.—I think costs should not be awarded. He gave notice. 

 

Mr. BLACKBURNE.—Notice was given; but it embraced so many things, that we were at a loss what to provide against and what not, and
therefore have incurred considerable expense. 

 

Mr. Justice HOLROYD decided that the costs of the [   ]y must be paid. 

 

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* Messrs. COURTENAY, ALDERSON, PATTINSON, LAW, RAINCOCK, BLACKBURNE, ARMSTRONG, ELLIS, DUNDAS, [   ]AYNE, AGLIONBY, and MARSHALL. 

 

† This assault arose out of a match for a considerable sum, run over Kendal race-course by the horses of the plaintiff and
defendant—the latter is the trainer of Sir Henry. After the race, the parties, with others, had assembled at the Commercial Inn,
Kendal; something was said by Mr. MAUD respecting Mr. HUDSON's Sir Henry, which induced him to demand an explanation. Mr. MAUD
refused to give any, and was about to quit the house, when Mr. HUDSON placed himself before the door. Mr. MAUD brushed HUDSON aside,
and he considering that as the first assault, immediately knocked Mr. MAUD down. Hence the action. Whenever it comes on, it is
likely to afford some amusement. 

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[to be continued] 

 

 

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