[list-cumbria] Carlisle Patriot, 13 Mar 1824 - Cumberland Spring Assizes (13)

[Petra Mitchinson]

Saturday 13 Mar 1824   (p. 1, col. 5 - p. 4, col. 5, and p. 1, col. 4)

 

CUMBERLAND SPRING ASSIZES. 

 

Our Assizes closed on Wednesday at one o'clock, and Mr. Justice HOLROYD almost immediately afterwards set off for Lancaster, Mr.
Justice BAYLEY having opened the Commission there that evening. 

 

In last Saturday's paper, we reported the whole of the business up to the preceding Friday evening; and we now lay before our
readers very ample and (we trust) accurate details of the remainder: it is seldom that the Cumberland Assizes have furnished so much
matter calculated to excite public attention.

 

On Sunday morning, the learned Judge attended divine service at the Cathedral, escorted by the High-Sheriff, Under-Sheriff, the
Circuit-Officers, &c.; the Mayor and Corporation were also present. An excellent and appropriate Sermon was preached by the
Sheriff's Chaplain, the Rev. J. FAWCETT, M. A., from the 1st chapter of Paul's first Epistle to Timothy:-"But we know that the Law
is good, if a man use it lawfully; knowing this, that the law is not made for a righteous man, but for the lawless and disobedient."


 

After the first day, the Court met every morning at nine, and generally sat late; on Monday night till ten minutes past ten o'clock;
and on Tuesday till between seven and eight. 

 

The High Sheriff, T. H. GRAHAM, Esq. of Edmond-Castle, put up at the Bush Inn, and occupied private apartments next door. His
equipage was very neat; and all his appointments liberal. Persons connected with the Press have much reason to be satisfied with the
accommodation which they met with in Court, under the eye of the Undersheriff, Mr. SAUL. 

 

CROWN CALENDAR. 

 

JANE GATE, 27, was arraigned for the wilful murder of her male bastard child, at Dalston, near this city, on the 6th of July, 1823,
by dashing it on the ground and fracturing its skull, so as to cause protrusion of the brain; by stabbing it under the left eye with
a sharp instrument; and by cutting and stabbing it on the arms and thigh, &c. 

 

The indictment was of great length, and charged the offence in various ways. The bill was preferred and found at the last summer
assizes, but in consequence of the prisoner's illness in the small pox, the trial was postponed. 

 

She now came to the bar, pale, but apparently in good health: she heard the horrid detail of the indictment with but little emotion;
and pleaded Not Guilty with firmness. 

 

In answer to an inquiry by the Judge, the prisoner said she had no counsel. In consequence, his Lordship humanely appointed Mr.
COURTENAY (with her consent) to conduct her defence. 

 

On the part of the prosecution, Mr. PATTESON described the nature of the charge. 

 

Mr. ALDERSON addressed the Jury. It was his duty, he said, to state the facts upon which the dreadful crime of murder was imputed to
the prisoner; and he felt assured that the Jury needed not be told by him, that while they considered the facts of the case with
attention, and performed what the laws of the land required of them, it was their duty also to consider the unhappy situation of the
unfortunate prisoner. By the old law of the land, the mere concealment of the birth of a child, was held to be good proof that the
mother had murdered it. But in late years, a humane act had been brought in by Lord Ellenborough, by which the Jury, if they
acquitted of the murder, were allowed to find the mother guilty of concealing the birth, whereby she was subjected to a punishment
of two years' imprisonment. In the present case, they were to inquire, first, whether a murder had been committed; secondly, whether
Jane GATE had committed it. He would lay out of consideration the latter point, because if a murder had been committed, the murdered
must have been alive; and they would primarily have to consider whether the child of the prisoner was born alive or not. He then
detailed the facts of the case. Other evidence he had, but he did not yet know whether he could adduce it; he merely adverted to it
that it might not hereafter come suddenly upon their attention. 

 

Mary IRVING called and sworn.-I live at Dalston-Townhead, in this county, (near Carlisle). I have known Jane GATE about a year; she
lives about 20 yards from my house. She is a single woman; but has a child, not living with her at present. 

 

Prisoner.-Speak truth now, Mary. 

 

Witness.-I do not remember having had any conversation with her before the 6th July; but I thought she appeared as if she were with
child. We used to put this to her at different times; and she answered that we might stop till we see'd. On Sunday evening the 6th
July, about seven o'clock, I went to her house, and asked her how she was; she said she was finely. I was standing upon the floor,
and I see'd something not very pleasant; like * * * *. I asked her what it was, and she told me she was badly. I asked her which way
she was badly: she said, "Yon way." She said no more at that time: she went upstairs, and I went out. There was a fire down stairs
in the room in which I was. I went out to Margaret SCOTT, who was at her mother's house, and she afterwards came to me at my own
house. In consequence of what Elizabeth IRVING came and said to me, I went to the prisoner's house, accompanied by my mother,
Elizabeth IRVING, and Margaret SCOTT, and saw her there. All were present. My mother spoke to her. She asked her, "where was this
child." She said it was in the coal-hole. I stepped forward and opened the coal-house door-the coal-hole was beside the fire in the
room-I see'd the child lying upon the coals. Jane GATE, at that time, was sitting upon a chair, about a yard from the coal-hole
door. My mother asked her what she had been doing. The child was taken out of the coal-hole by my mother; it was dead. The body
seemed to be cut upon the left arm and the left thigh, and rather bloody about the head: it seemed to be all grimy and coaly where
the cuts were; but we did not see the cuts till after it was washed. I asked Jane GATE if it was dead-born? She said, yes, it was.
The body was then lying upon the hearth; and it lay there I suppose till the doctor came-I cannot say whether I was there or not
when the doctor came-I stopped a canny little piece-I did see the doctor there, and the child was there at the time-it was a boy. 

 

 

[to be continued] 

 

 

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