[list-cumbria] Carlisle Patriot, 31 Jan 1824 - Public Office (1)

[Petra Mitchinson]

Saturday 31 Jan 1824   (p. 3, col. 4)

 

PUBLIC OFFICE—TOWN HALL. 

 

At this office on Saturday, an information was heard, which excited considerable curiosity. 

 

Mr. G. SAUL, addressing the Magistrates, said this was a complaint lodged by Major HODGSON, of Moorhouse Hall, against John STORDY,
William STORDY, and John ROBINSON, of the village of Moorhouse, 'for that they did on the 17th of January instant, endeavour to
destroy and kill the house-dog (Newfoundland breed) of the said Richard HODGSON.' Having stated an outline of the facts proved in
evidence, Mr. SAUL observed that the proceeding was under the wilful trespass act, which afforded protection to property "of any
nature or kind whatsoever," and admitted of summary proceeding; penalty on conviction might be levied as high as £5. 

 

The Court had no doubt of the power given by the act, and Mr. SAUL called his witnesses. 

 

Thomas CARRUTHERS sworn.—I live as a servant with Major HODGSON, at Moorhouse-Hall. On Saturday last, I went behind our cart from
the Hall to Moorhouse, and the Major's dog was with me. I have lived in my place since Martinmas; the dog was there when I came, and
I have always found it a peaceable animal. While in the road at Moorhouse, William STORDY's hound dog, ran out of his house and
attacked our's, which turned upon it; a fight ensued, our's had the best of it, and the hound was turned up upon the ground. Just as
it was in that situation, William and John STORDY came out of their yard in haste. William ordered John to go and get a gun; and in
the meantime William kicked the Major's dog with his clogs many times. Wm. ROBINSON came over the hedge with an axe in his hand,
with which he struck at our dog with great violence: the first blow missed; the second hit the dog at the back of the ears; and in
attempting to strike a third blow, the axe flew out of his hand. After the dogs had separated in consequence of the second blow,
John STORDY arrived with the gun. The dog was then going home; but seeing me, he returned to me. John STORDY fired at him; and his
brother told him to fire the other barrel also. I cannot tell whether he was hit the first time or not. Some minutes intervened; the
dog ran round about the legs of the persons present, and he could not readily get a shot at it. He fired a second time; the dog was
severely wounded thereby in the hind and fore leg, and is now in a very bad state; the fore leg was mashed to pieces; the leaders
were turned right out. Wm. STORDY ordered John to load again; but I got hold of the dog, and carried it off. The animal is quiet; I
never knew him to bite any one; nor ever saw him attack any dog except on this occasion. 

 

Cross-examined by Mr. PEARSON for the defendants. I knew nothing about the dog till I went to Moorhouse-Hall at Martinmas: it is
often chained up, both night and day, but not on account of fierceness. I never heard that it had bitten several people. The hound
dog came out of Mr. STORDY's house, and his girl was at the door, shouting, 'Take our dog off.' I swear positively that I saw
ROBINSON strike the dog with his axe. The STORDYs made no complaint. 

 

Mr. SAUL said he had other witnesses to the same facts; but he thought he need not call any more until the testimony already given
was contradicted: enough had been proved to support the information. 

 

Mr. PEARSON then called for the defendants 

 

Elizabeth NIXON, who deposed—I am a servant with William STORDY, and was present the whole time. The day before, the Major's dog
'waur me,' before our own door, before which it walked up and down, and I could not go in; it seems a very fierce dog; but I do not
know that it ever did any damage. Having seen the whole affair, I can swear that ROBINSON did not strike the dog with the axe, for
it flew out of his hand. I saw him heave it up, but he did not strike; so what CARRUTHERS has sworn is false. William STORDY choked
the great dog off our's. 

 

Cross-examined by Mr. SAUL.—I was not out at the time that the hound dog first went out, though I said I saw the whole. I can't say
that I am afraid of the dog. But I was afraid of him when he was before the door: he did not growl nor offer to molest me. Our dog
is a hound: I suppose it is Mr. NORMAN's, but it is at our house; I have heard the family say that it is old Mr. NORMAN's—its name
is Driver. I saw ROBINSON with the axe uplifted; if it had come down, the blow would have been violent; in my opinion, he was going
to strike. 

 

By the Court.—I saw John STORDY fire at the dog twice; and it did not seem to lame after the second shot. I will positively swear
that I did not see that it was wounded. 

 

Mr. SAUL.—That's conclusive as to her credit. 

 

 

[to be continued] 

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