[list-cumbria] Carlisle Patriot, 06 Mar 1824 - Westmorland Spring Assizes (7)

[Petra Mitchinson]

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

 

WESTMORLAND SPRING ASSIZES. 

 

TUESDAY, MARCH 2. 

 

[continued] 

 

Mr. Justice Holroyd then ordered the prisoners to be called up to receive sentence:— 

 

George RAWSTHORN and Thomas RICHARDSON—you have been capitally convicted on evidence which has carried to my mind, as well as to
that of the jury who have pronounced you guilty, the most perfect belief of your guilt, notwithstanding a part of that evidence was
from a tainted source; at the same time it was accompanied by circumstances, still further confirmed by what has transpired in a
subsequent prosecution, which render it indisputably clear that you are the persons who committed the offence named in the
indictment. In consequence of the course pursued by some concerned since the commission of the crime, coupled with the difference in
your ages and general habits, I feel convinced that you, George RAWSTHORN, have been instrumental in leading the others into
transgression: and you, therefore, have a great deal indeed to answer for. Fortunately for you, although this is a capital crime, it
has not been attended by such aggravated features as to render it necessary for me to carry the law into full execution. I am happy
to tell you that I feel it my duty to make such representations as will at least have the effect of sparing your lives. Still, it is
requisite that a severe example should be made of one of you, that he may in future be deprived of the means of again misleading and
corrupting others. Whether any mitigation will take place in the case of you, RICHARDSON, I cannot at present exactly say. The Court
orders judgment of death to be recorded against you both. That at present operates as a reprieve; and it will be for his Majesty to
say if any further mercy can be afforded you. 

 

CRILLIN was then asked what she had to say why sentence of death should not pass upon her; and she prayed benefit of clergy.—His
Lordship said, 

 

Charlotte CRILLIN—You have been fairly tried, and convicted of feloniously receiving a large quantity of goods, knowing them to have
been stolen. It appears by your own conduct at the time, and the evidence against you, that you knew they had not been properly and
honestly come by. This is clearly shewn by your various and conflicting assertions; and you must have been aware that you were doing
extremely wrong in taking goods off the hands of those who had stolen them. It is very justly observed, that a receiver is worse
than the thief; for if there were no receivers, thieves would not so often steal; unless they could find persons to dispose of their
plunder, they would soon be obliged to relinquish their pursuit as unprofitable as well as dangerous. From this it follows, as a
necessary consequence, that the punishment of such persons as you are should be exemplary in order to deter others. It appears,
however, that you have a blind husband and a numerous family, whom you in a great degree support by your industry. Thinking that you
may have been thoughtlessly tempted to grasp at a ready means of making a little for their sakes (though the motive cannot excuse
the act), and considering other peculiarities of your case—with the hope that you may see your offence in its proper light, and
repent of having committed it so effectually as to deter you from further transgression, you are ordered to be kept in the Kendal
house of correction to hard labour for 6 calendar months. 

 

Dorcas ALLINSON, convicted on Monday, of knowingly uttering base coin, was then placed at the bar. 

 

You were indicted, said the learned Judge, for passing two bad half-crowns on the same day, knowing them to have been counterfeit,
and there is every reason to believe you guilty of that superior offence. The reason why you have been convicted only on the lesser
charge, is because the first count was vitiated by mis-naming therein the husband of Hannah DOVER, the prosecutor. You now stand
before me to receive sentence for having uttered merely, knowing what you uttered to have been base. I have inquired into the state
of your health and your present situation, that I might not pass upon you that which might prove harsh. The Act of Parliament binds
me to award you six months' imprisonment; and at the end of that time you must find surety for good behaviour for an additional six
months. For that period I order you to be confined in the house of correction at Kendal; and I superadd to that punishment, hard
labour, as I find you capable of performing it. 

 

Prisoner.—My Lord, I have no one in this country to give security for me—I can never give security. 

 

His Lordship added, that but for the mistake in the indictment, he should have been constrained by the Act of Parliament to pass
sentence of two years imprisonment, accompanied by hard labour or not, according to his discretion; and he wished this statement to
go forth, that it might be understood, and become generally known. The crime of cheating honest, industrious people by imposing on
them base coin was easily committed, and called for the severest punishment—hence, the Legislature had apportioned the degree by
statute, and those inclined so to offend should be told what awaited them if found guilty of it. 

 

John DENT was discharged by proclamation—and the business ended. 

 

RAWSTHORN is a most notorious thief and corrupter of youth—and has usually carried on his operations with a skill, though very
boldly also, which defied detection. He has been in custody several times; and was once before sentenced to death at Appleby, but by
good fortune, such as often attends upon fellows of his class, he compounded with the halter for two years' imprisonment; returning
to his old pursuits the moment he obtained his liberation. He will now, most probably, be sent out of the kingdom, to the no small
joy of the inhabitants of Kendal, many of whom have suffered severely by his depredations. The great number of woods, rocks, and
glens which surround that town afforded the plunderer peculiar facilities of concealment. 

 

Not a single case came on for trial at Nisi Prius. Besides the assault adverted to at the outset of our report, a very long case for
hounding sheep, (arising chiefly out of personal differences,) was expected to be tried, but it was referred on Saturday night: two
or three other causes were also referred just as the assizes were about to commence. 

 

The Judge fined several jurors £5 each, for non-attendance. Some of the excuses made for absentees excited the risible faculties of
the audience—one was lame, another blind, a third dumb (from paralysis), and a fourth dead. The fine was imposed till cause for
absence was shewn, to the satisfaction of the officer of the court. 

 

 

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