[list-cumbria] Carlisle Patriot, 05 Jun 1824 - Isle of Man Gaol Delivery

[Petra Mitchinson]

Saturday 05 Jun 1824   (p. 3, col. 3)

 

ISLE OF MAN-GAOL DELIVERY. 

 

A Court of General Gaol Delivery was held at Castle Rushen on the 21st April, present the Lieut.-Governor, the two Deemsters, Clerk
of the Rolls, Water Bailiff, Vicar General, &c. 

 

The prisoners for trial were, Thos. CHRISTIAN, Thos. QUINE, Wm. SHEEALY, and Wm. KELLY. 

 

CHRISTIAN was first placed at the bar, and his indictment having been read by Deemster CHRISTIAN, which charged him with the forgery
of a paper writing or deed, and the feloniously uttering of the same with intent to defraud Hesther LACE, widow of Wm. LACE, of
Ramsey, he pleaded not guilty, when his counsel, Mr. KELLY, delivered in a protest against the competency of the Court, on account
of the absence of the House of Keys. The protest having been read, Deemster CHRISTIAN, at the instance of his Honor the
Lieut.-Governor, delivered his opinion that the Court was fully competent to proceed in the matters before it without the attendance
of the House of Keys.-Deemster HEYWOOD being called upon for his opinion, said he thought the Court incomplete without the Keys, and
he entered into a long historical statement in support of his opinion. On the other hand, Mr. Deemster CHRISTIAN gave his opinion at
equal length, that the Court was competent. "I must begin (said he) with stating my unfeigned regret, that so respectable a body as
the House of Keys, comprising so much of the intelligence and property of the Island, and with whom I have cordially acted for so
many years of my life, should be committed with his Majesty's Government on a claim of such a nature as the present; for though I
must deny their right, I am quite ready to admit the advantages resulting from their attendance in this Court, on the score of
dignity, and the useful concentration of all the Insular Authorities on such solemn occasions. My feelings towards them,
individually and collectively, cannot be changed; and regarding their claims and protest as made on the most mature conviction, I
ask for a similar share of liberality at their hands: and that my opinion may be considered as my own, uninfluenced by authority or
name, and the result of a patient consideration of all the documents that have come within my reach, as at all bearing upon the
point in question." He then adduced his authorities, and displayed great research as well as knowledge of the insular laws and
observances. In conclusion, the Hon. Deemster said, "I deliver it as my fixed opinion, that the House of Keys had at no time past,
nor have at this present time, any legal right to attend and sit as Judicial Members of the Court of General Gaol delivery." Mr.
Deemster HEYWOOD shortly replied, that his opinion was unchanged by what he had heard: he regretted that he differed with his
companions in office; but in so differing he only obeyed the dictates of his conscience. 

 

His Honor the Governor then addressed the Court, and stated that he had received instructions from Government to hold the present
Court of General Gaol Delivery without summoning the Keys,-having received the plea and protest, and heard the observations of the
Deemsters, as well as the opinions of the Law-officers of the Island, that the Court ought to proceed without the attendance of the
gentlemen of the Keys, he therefore ordered the trial to proceed. 

 

J. C. GELLING, Esq. then addressed the Court. He stated that he appeared as forming part of a deputation of the House of Keys of the
Island, to enter a protest against the proceedings. Upon permission of the Governor, R. CUNINGHAME, Esq. as junior member of the
Keys, read the protest against their exclusion. 

 

The trial of Thomas CHRISTIAN, for forgery, was then opened by the resident Attorney-General, James QUIRK, Esq.; and four Jurors
from each parish having been called, and the prisoner having challenged twenty of the number, a Jury of twelve were selected and
sworn. The Attorney-General then addressed the Jury briefly, on the nature of the crime with which the prisoner stood charged,-that
he had been found guilty by the petit Jury. The learned gentleman read the particular clause of the Criminal Codes which made the
offence capital, and called the witnesses on behalf of the Crown. 

 

Deemster CHRISTIAN having summed up the evidence, and delivered an appropriate charge, the Jury retired for some time, and returned
without making a verdict, but the foreman, Mr. MOORE, explained that the defendant was not guilty of the forgery, but merely of
aiding and assisting in it-when one of the Jurors cried out that they were not all agreed. The Court then ordered them to retire and
make up their minds, as a partial return could not be received; that there were two counts in the indictment, the one for forgery,
and the other for uttering the deed, knowing it to be forged,-upon one of these counts they must either acquit or condemn the
prisoner. The Jury again retired, and in about a quarter of an hour returned with an unanimous verdict of "Guilty of uttering a
forged deed, knowing the same to be forged." 

 

Mr. KELLY, as Counsel for the prisoner, now moved for an arrest of judgment upon the grounds of the protest against the illegality
of the Court, which his Honor observed would be attended to. 

 

Thomas QUINE, aged 17, and William SKEEALY, aged 13, were next placed at the bar, charged with feloniously entering a house in
Atholl-street, Douglas, belonging to Francis MATTHEWS, Esq., and stealing therefrom several bells, articles of brass, bell wire, &c.
value 10s. and upwards. They were found guilty of Grand Larceny. 

 

William KELLY, aged 14, was then put to the bar, charged with burglary in the house of Margaret MADDRELL, of Douglas, and was found
guilty. 

 

Protests were handed in by their Advocate, the same as that delivered by Mr. KELLY, for CHRISTIAN. 

 

After the trials had been gone through, the Court was cleared, and the Hon. Lieut.-Governor with the Council present, sat in
deliberation on the sentences to be passed on the respective prisoners about half an hour; when the Court was again opened, the
prisoners were called to the bar to receive their sentences, which were-Thos. CHRISTIAN, transportation for life; QUINE and SKEEALY,
transportation for seven years; William KELLY, death. 

 

 

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