[list-cumbria] Carlisle Patriot, 01 May 1824 - County Sessions (4)

[Petra Mitchinson]

Saturday 01 May 1824   (p. 2, col. 5 – p. 3, col. 5)

 

COUNTY SESSIONS. 

 

DIXON v. ROGERS. 

 

[continued] 

 

Mr. AGLIONBY.—The Bench having decided in favour of the conviction, he must now address himself to the case. The act provided
against 'wanton driving,' and 'wilful misconduct.' Neither of these had been proved. The woman, JACKSON, was more alarmed than the
women in reality: one of them thought little of it, and admitted that the shook might have been occasioned by a cobble stone. And as
to furious driving. Where was that to be found?—surely not in the admitted pace of six or seven miles an hour. His witnesses would
show that there was not a shadow of offence. 

 

Henry NICHOLSON called.—I was on the top of the Royal Sailor on the day in question. Between Allonby and Maryport (about three
quarters of a mile from the Blue Dial, where they change horses) we passed the gig called the Bee. We were not going fast—I have
often been driven faster. I sat outside, behind, with my face to the driver; I dare venture to say that we never touched the gig at
all. I have since had experience which convinces me that we did not; for as I was coming down from Cockermouth by the coach we
touched the wheel of a cart very slightly indeed, and I felt the shock distinctly. After we passed the gig, I heard no complaint. We
afterwards again passed it on the other side of Maryport, and still no complaint was made by DIXON. 

 

Mr. PLASKETT, of Workington.—I was inside the Royal Sailor, with a lady from Edinburgh; I saw nothing of the gig, nor heard nor felt
that we had touched it. ROGERS is a very careful, steady man. 

 

By Mr. COURTENAY.—Perhaps you were asleep, Mr. PLASKETT? No.—As much awake as now? Yes. 

 

Hugh DALY.—I was a passenger on the 29th, when we passed the gig, Bee. I am much accustomed to travelling; there was nothing
improper in the coachman's conduct; and I am sure we did not touch the gig; there was plenty of space. 

 

Cross-examined.—I have seen the mails and other coaches pass each other closer. We again passed DIXON after leaving Maryport. 

 

By the Chairman.—I did not see the coachman turn round and laugh, after he passed the gig. 

 

William GASKIN.—I was on the front of the Royal Sailor, immediately behind the driver. We passed the gig on the right side, and I
did not see it touched; nor knew I of any cause of complaint. We afterwards passed the Bee again. 

 

Joseph Carlton SALKELD.—I sat at the back of the coach, over the wheel, next to the gig; I think we went clean past it. I did not
know that the wheel touched. 

 

Cross-examined.—I am not at all related to one of the proprietors of the coach. 

 

Mr. COURTENAY replied.—His case had not been affected in the least degree. His friend, at the commencement, knowing the force of it,
had anticipated the argument, that the shock would not be felt by the greater, but by the lesser body. This was true; and that was
the reason why these witnesses knew nothing of the matter, if they did really know nothing. Look at the spirit of their testimony.
DALY would not mention any distance; but it was "a proper distance." The last witness said, "I think we went clean past;" so that he
had doubts. Mr. PLASKETT never saw the gig; his learned friend might have called twenty such witnesses. In conclusion, he called
upon the Court to affirm the conviction, if they did not wish to inflict a punishment on his poor client. 

 

The Court confirmed the conviction. 

 

Mr. COURTENAY applied for costs. His client would otherwise be put to great expence in a matter wherein the public were materially
concerned. 

 

Mr. AGLIONBY opposed the application. He was sure the Court would allow no such thing. The driver, from first to last, declared that
he was ignorant of having touched the gig, and all the persons on or in the coach declared the same thing. His character was good—he
was proved to be a ?????, steady young man— 

 

The mother of C. SEWELL, a prisoner indicted for stealing a pair of shoes, thinking the counsel was speaking of her son, cried
aloud, to the momentary consternation of the Court—"So he was a nice young fellow as ever lived, till he got in with that gang!" She
was removed from the hall, pouring out a volley of words. 

 

Mr. AGLIONBY.—The Court would bear in mind the character given him by that respectable gentleman, Mr. PLASKETT, who had
opportunities of knowing him, and seeing him daily. It was no case for costs. 

 

Mr. COURTENAY.—If you do not grant costs, what will be the result? You will inflict upon this poor man, who is dragged hither, a
penalty greater than £5. The Bee comes in competition with the coach, and the proprietors of the latter, therefore, are here to back
ROGERS out. It is they who bring all these witnesses here, not ROGERS. It is they who will pay all the expenses, whatever they may
be.—The Court refused costs. 

 

 

[to be continued] 

 

 

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