[list-cumbria] Carlisle Patriot, 13 Mar 1824 - Cumberland Spring Assizes (20)

[Petra Mitchinson]

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

 

CUMBERLAND SPRING ASSIZES. 

 

CROWN CALENDAR. 

 

BIGAMY. 

 

[continued] 

 

The prisoner, in his defence, said he never did marry Isabella DIXON; that it was only a piece of nonsense; a drunken frolic.-Mr.
ALDERSON called 

 

Daniel HANDCLIFF-a weaver on Caldewgate Brow. I went a part of the way with GRAHAM and others when setting out for America; Isabella
DIXON was there; she left Carlisle with us. We met MYERS near the iron-bridge, resting himself on the road side; he had on his
working clothes-his black suit (a laugh)-his chimney-sweeping clothes. He joined the party. They first stopped at the boat-house.
GRAHAM had been parting with his friends, and was muddle-headed. They had a good deal of liquor at IRVING's-can't say how much-they
were all fresh almost. They next met at Gretna, at Mr. CARLYLE's, where they had a great deal more liquor. By this time the whole
party were very fresh. LANG the priest came; before this they had called in some liquor and drank some. First one of the party
handed LANG a glass, and then another, till he drank a great number of glasses-he drank them as fast as they handed them to him, and
towards the last was intoxicated. There was much noise, uproar, and merriment amongst them. They had sent for him to marry MYERS to
DIXON:-I went out to the door, (continued the witness), and MYERS followed me:-I said "Robert, mind what you are about."-His reply
was, "Shally-wally, it is nothing but fun." We returned to the house. The parson read something over; but what it was I cannot say;
for after he said that it was nothing but fun, I paid no attention. A paper was produced, and prisoner said he could not write-that
he could not or would not-and he did not sign it. To the best of my recollection he said the joke had gone far enough. I put my name
to the paper. The parson asked if there was any one in the room who could write; and I signed my name, for I thought it all fun and
joke through the piece. I never said that it must be kept a secret for fear the prisoner's father should know it. In the course of
the week following I was at Mrs. GRAHAM's house; my wife was then alive. I do not remember seeing any lines when my wife was
there-never heard him say that it must be kept a secret-that his father was not so far gone but he might cut him off with a
shilling-that it was very hard as he had helped to make it-that Isabella was his; he did not care for any body; he had pleased
himself-none of this he ever heard MYERS say; and if any one had said so it was not true. Never had heard any thing said to that
effect-nor saw MYERS take Isabella out with him to go and show her father and mother the lines-I never saw the lines on any
occasion: I am quite sure that he never signed them, nor put his mark to them. I am related to the DIXONs. Isabella never went by
any other name than DIXON. She is a weaver. I can't say whether she keeps regular hours or not: I once met her walking with a
married man on the new Bank; I said nothing to her. 

 

Cross-examined by Mr. PATTESON.-I can't swear that I was not at Margaret GRAHAM's on a Friday; never saw MYERS; I might have been
there with MYERS and Isabella; I won't swear that I was not there. I will swear that I never heard of any conversation about the
marriage: but I won't swear that it never took place. We were all very drunk at Gretna. MYERS can write-I know that he can write. 

 

His Lordship hinted to Mr. PATTESON, that LANG could have proved the marriage with much less trouble than had been taken. The
learned Counsel shrugged up his shoulders, and said the Court must be aware that he could not compel that person to come against his
will. He understood that he denied all knowledge of the transaction. 

 

Mr. ALDERSON said he had most satisfactory proof that the whole thing was an idle frolic. 

 

Mr. Justice HOLROYD here said it was unnecessary to carry the case further. To establish the crime of felony, the Jury must be
perfectly satisfied that a legal marriage had taken place; and perhaps they would now consider whether they were not satisfied that
such was not the case, without hearing more of the defence. 

 

The Jury intimated their opinion that the proof had failed, and pronounced the prisoner Not Guilty. 

 

The verdict was received in the back part of the Court, where it was dark, by clapping of hands, and loud huzzas, which were
re-echoed from an immense crowd without. The trial began at one o'clock on Monday, and did not end till ten minutes past 10 at
night. If all the witnesses had been examined, and the case had regularly terminated, the Court could not have risen, it is
supposed, till about three on Tuesday morning. The prisoner's immediate liberation was moved for by Mr. ALDERSON, and ordered by the
Court. 

 

His Lordship thought so unfavourably of the prosecution, that he refused to allow the usual expenses. 

 

 

[to be continued] 

 

 

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