[list-cumbria] Carlisle Patriot, 06 Mar 1824 - Westmorland Spring Assizes (3)

[Petra Mitchinson]

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

 

WESTMORLAND SPRING ASSIZES. 

 

[continued] 

 

STEALING IN A DWELLING-HOUSE. 

 

JAMES WILKINSON, aged only 14, was arraigned for feloniously robbing the dwelling-house of his master, Joseph HALL, of Overstaveley,
in this County, on the 18th of February, of 8 guineas in gold, 12 five-guinea bank notes, and 11 five-pound notes.—He pleaded not
Guilty with a confident, though not impudent face—his appearance was in his favour. 

 

Clerk of the arraigns—How will you be tried? 

 

Prisoner (boldly).—By my King and country. 

 

Mr. ARMSTRONG conducted the prosecution. He stated an outline of the case. After taking the money and absconding, he was pursued to
Lancaster by a Kendal police officer, who apprehended him, and found upon his person nearly the whole of the cash stolen. The
prisoner, in the interim, had purchased a suit of clothes, and incurred some expense travelling, which would account for what was
missing, as he had no money of his own. 

 

WILKINSON is a native of Lancashire. He had neither attorney nor counsel. 

 

Joseph HALL, the prosecutor, called and sworn.—I live in the township of Overstavely, parish of Kendal, in this county. On Wednesday
the 18th of Feb. I left home. The day before, I saw my money in the drawer, in two parcels, consisting of 12 five-guinea notes,
most, if not all, of the Whitehaven Bank; 11 five-pound notes, all of the Linen Company, except one, and that of the Bank of
Scotland; and 8 guineas in gold: one of them had a crown on it, and the others were what we call spade-aces. I returned about nine
at night. I had left my daughter and the prisoner in the house. He was not to be found that night; and the next morning I examined
the drawers. The prisoner was with me for his meat only, he having no situation to go to. All the money had disappeared. When with
me, prisoner had but one suit of clothes, nor any money, that I knew of. Several persons went in search of him; he was taken that
day at Lancaster; and next day I saw him, as well as what I believe to be my notes. 

 

Ann HALL, the prosecutor's daughter, examined.—My father went from home on the 18th Jan. leaving me and prisoner in the house. About
one o'clock on that day, I had to go to Stavely, and I left him in the barn shaking straw. The key of the door was lying in the hole
of a wall. I do not know whether the prisoner was aware that I put it there or not. When I came back, the prisoner had gone, and did
not return for the night: I knew nothing of the loss till next morning. When I came back, I found the door as I left it, and the key
in the same place. 

 

James FAWCETT, keeper of the House of Correction at Kendal, and late police officer there.—In consequence of information from Mr.
HALL, I went to Lancaster, on the Thursday, in search of the prisoner, and found him there, standing in the King's Arms Lane, where
the mail-coach was at the time. I said "Jem, what's thou doing there?" He said, "Not much." I had not known him before. I asked him
what he had made of the notes he had taken from his master's house. I gave no promise. He said, "What notes? I have no notes." I put
my hand into his waistcoat pocket, and there found 12 five-guinea Whitehaven notes. In the other pocket of his waistcoat, I found 11
five-pound notes, ten of the British Linen Company, and one of the Bank of Scotland. I also found in his breeches pocket five
guineas in gold; and he had in his right hand 3s. 6d. in silver. The notes were in separate bundles. I took him before a magistrate,
Mr. MAUDE. I now produce the property found on him—four of the guineas are spade aces; the other had the royal arms on it. 

 

Thomas Holme MAUDE, Esq. sworn—The prisoner was brought before me, and made a statement, perfectly voluntary. 

 

Prisoner's examination was put in and read.—He said, "I have nothing to say, only that I found the drawers not locked, and when I
tried to open them they opened." 

 

Jos. HALL re-examined.—I have before stated that the notes were in two separate parcels. (The five-guinea notes shewn him). These
are the same that I lost, but I have no particular mark by which I can identify them. (The five pound notes shewn). These are also
of the same kind lost by me. One of them had two little holes and a piece between; so has one of these: I had taken particular
notice of this fact; and likewise that three of them were cleaner than others;—the  same is the case with those now shewn me. One of
the guineas was brighter than the others; so is one of these—I have had it above 30 years. (A general laugh.) 

 

Charles BAILIFF, of Askham.—I purchased some property of HALL on the 5th of February, and I paid him eleven five-guinea Whitehaven
notes, and ten of the British Linen Company. The whole sum that I paid him was £158. 

 

Mr. ARMSTRONG.—That's my case. 

 

Prisoner said he wished not to ask any questions, nor to say any thing to the Jury. He had no witnesses. 

 

Mr. Justice HOLROYD went through the evidence. Even taking his assertion before the Magistrates, that the drawers were not locked,
still the offence was that charged in the indictment. 

 

The Jury found the prisoner Guilty, without hesitation.—The Judge immediately passed sentence. 

 

"Prisoner at the bar, James WILKINSON.—I lament to see a person of your tender years standing there to receive the sentence of the
law of your country for so aggravated an offence as you have been guilty of, that of robbing your master of considerable property,
he having taken you into his house at a time when you had no other place to go to. Instead of being grateful to him for his
kindness, you betrayed your duty, and plundered his property instead of protecting it, as you were bound to have done. You were, as
might have been expected, pursued and overtaken with the greater part of the property which had tempted you into so serious a
transgression. Considering, however, your age; considering that your crime was not attended by any circumstance so as to render it
imperative upon me to let the law take its full course; and in order to afford you an opportunity of repenting and hereafter getting
your living in a manner more to your interest and your credit, I shall spare your life, but you will probably not be suffered to
remain in your native country. The Court orders the sentence of Death to be recorded. Your life, as I have said, will be spared;
yet, your punishment must be such as to deter others from committing similar offences." 

 

The prisoner received his sentence without being much affected by it. The truth is, indeed, that he comprehended little of what was
said to him; for when he returned to gaol, he inquired what sentence the Judge had passed upon him. 

 

 

[to be continued] 

 

 

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