[list-cumbria] Carlisle Patriot, 28 Aug 1824 - Cumberland Summer Assizes (1)

[petra.mitchinson at doctors.org.uk]

Saturday 28 Aug 1824   (p. 2, col. 3 - p. 4, col. 5)
 
CUMBERLAND SUMMER ASSIZES, 1824. 
 
SIR John BAYLEY and Sir John HULLOCK arrived in this City, from Newcastle,
on Tuesday afternoon at four, and immediately proceeded to the Court Houses,
attended by the Sheriff, and the usual escort of javelin-men, &c. and opened
the Commission of General Gaol Delivery. Their Lordships afterwards set out
for Rose-Castle, to dine with the Lord Bishop of the Diocese, where they met
a numerous and brilliant party, among whom were, the Earl of Lonsdale, Lord
LOWTHER, Lord Frederick BENTINCK, Sir James GRAHAM, Bt. M. P., the High
Sheriff, the Hon. Col. LOWTHER, the Dean of Carlisle, &c. &c. 
 
The Sheriff's dinner to the Gentlemen on the Commission and those summoned
on the Grand Jury was numerously attended. Sir H. D. ROSS, was in the chair
for the High Sheriff. 
 
On Wednesday morning, the Judges, accompanied by the High Sheriff,
Undersheriff, &c. attended divine service at the Cathedral, at ten, where an
excellent sermon was preached by the Rev. John FAWCETT, M. A. 
 
At twelve o'clock, Mr. Baron HULLOCK opened the business of the Nisi Prius
Court; and Mr. Justice BAYLEY took his seat in the Crown Court. 
 
GRAND JURY-(in the order sworn.)-Rt. Hon. Lord Viscount LOWTHER, M. P.
foreman; Rt. Hon. Lord Frederick BENTINCK; Hon. Henry Cecil LOWTHER, M. P.;
Sir Philip MUSGRAVE, Bart. M. P.; Sir James Robert George GRAHAM, of
Netherby, Bart.; Sir James GRAHAM, of Edmund Castle, Bart., M. P.; Sir Hugh
Dalrymple ROSS, C. B.; John LOWTHER, Esq. M. P.; J. C. CURWEN, Esq. M. P.;
Wilfrid LAWSON, Esq.; J. D. B. DYKES, Esq.; William JAMES, Esq. M. P.; Thos.
WYBERGH, Esq.; Edward HASELL, Esq.; Henry HOWARD, Esq. of Greystoke; W. P.
JOHNSON, Esq.; Edward STANLEY, Esq.; James SALMOND, Esq.; C. S.
FETHERSTONHAUGH, Esq.; Thomas HARTLEY, Esq.; Hugh PARKIN, Esq.; Philip Henry
HOWARD, Esq.; Matthew ATKINSON, Esq. 
 
His Lordship charged the Grand Jury to the following effect:-Gentlemen, It
has always been a matter of great satisfaction to me to witness in
Cumberland a full attendance of gentlemen in every way qualified to
discharge the duties of grand jurors; and I have that satisfaction renewed
on the present occasion. The Calendar, though rather numerous, does not
appear to contain any cases of difficulty to persons of your experience.
There is one prisoner against whom two charges have been preferred; one for
obtaining money upon false pretences; the other for bigamy. On the first, it
will be necessary that you should have evidence before you that this
pretence was really false; in the second, the illegal marriage must be
proved to you, not by copies of registers, but by some person who happened
to be present at the solemnization of the contract. You are aware,
gentlemen, that it is your duty to take care to render the cases as perfect
as possible; for if one bill is thrown out, another may be preferred, and
punishment be still brought home to guilt; but if you send an imperfect case
into court, and the prisoner is in consequence acquitted, as must be the
case, the ends of justice are frustrated, and the public seriously suffers.*
Gentlemen, there is one case in the calendar in which the person charged is
presumed to have stolen some goods on account of supposed possession of
them, they having been found in the vicinity of his dwelling, and in that
you will exercise your discernment to ascertain if there be reasonable
ground for sending him before a jury, for it is not always enough that
stolen property may be discovered near a man's residence. Another case, is
that of a servant who is supposed to have taken a watch out of the shop of
his master; in that, too, your care is requisite, as no man should be
subjected to the process of a trial at law without a reasonable chance of
conviction. This is all, Gentlemen, that I feel it necessary to say to you
in reference to the calendar; but before you separate, I must beg you to
inspect both the old gaol and the new one now building. I feel great
gratification at the progress which has been made with that ample structure,
and I hope that some of the unseen good resulting from judicious prison
discipline will be experienced in this place before you meet here again. You
are aware that a late act of parliament empowers visiting magistrates to
give orders for the employment of such persons under sentence of
transportation as they may think desirable. There are some prisoners of this
kind in your gaol, I understand, who would be better if so employed; and I
am therefore very sorry to find by the return of the Gaoler that this has
not been the case. There are other classes of prisoners who may also be
beneficially employed-I will give an instance of one, that you may see the
evil of a contrary procedure in its true light. Among the prisoners is a lad
of about eighteen, an apprentice, committed for a month because he had
disobeyed his master. If he come in in this temper of mind and remain in
idleness, in what condition must he go out? Will he not inevitably leave the
gaol, the receptacle of all sorts of vice, much worse that he entered it?
Whereas, had he been set to work, before the month expired he might be
brought to a proper sense of his condition, and return to his employer a
better servant instead of a worse. If you will therefore, Gentlemen of the
Grand Jury, turn your attention to these subjects, I am satisfied that the
most beneficial results will be found to arise both to the individuals
themselves and to society. 
 
The Grand Jury then retired. 
 
Mr. Baron HULLOCK finished all the Civil business by mid-day on Thursday;
and afterwards tried criminal cases on the civil side. So poor a harvest for
the lawyers has not been experienced in Carlisle for more than thirty years!
The proudest among them will do little more than pay their expenses. Only 12
causes were entered; and the greater part of them were of a trifling nature.
The numerous persons who crowded to the Hall to hear SCARLETT and BROUGHAM
pitted against each other, were much disappointed; there was little to call
forth their powers, and nothing to excite their well-known rivalry. 
 
No less than sixty-four Counsel are on the Circuit. 
 
The Grand Jury, having concluded their labours about two on Thursday, they
came into Court, and Lord LOWTHER informed Mr. Justice BAYLEY that, in
accordance with the Learned Judge's request, they had inspected the gaol,
and there found that all the prisoners, capable of employment were now at
work. They had also, his Lordship added, inspected the new gaol, which was
proceeding with great rapidity; and they stated with much satisfaction, that
the visiting Magistrates expected it to be ready for the reception of the
prisoners by the end of October next, when the most effectual measures will
be adopted for carrying into full effect all the recommendations which fell
from the Bench at the opening of the Assizes.-Mr. Justice BAYLEY then
discharged the Grand Jury, with many thanks for their valuable services. 
 
A true bill for Libel, was found, on Thursday, against Mr. George IRWIN,
printer, Carlisle, at the instance of Mr. R. DIXON, attorney-at-law. 
 
The Earl of Lonsdale arrived in Carlisle on Tuesday night, from Rose Castle.

 
The assizes ended yesterday at one o'clock. In the evening, the Judges, the
High Sheriff, Sir P. MUSGRAVE, Bart., Sir James GRAHAM, Bart. M. P. Sir J.
R. G. GRAHAM, Bart., &c. &c. dined with the Dean at the Deneary [sic]. This
day, their Lordships will set out for Westmorland, dining at Lowther Castle,
we believe, as usual. The Commission will be opened at Appleby to-night. 
 
----------------------------------------------------------------------------
------------------------------------
* This passage in the Learned Judge's charge, produced so strong an
impression upon the Grand Jury (as was natural) that they threw out the
second indictment against CAVE, together with that for obtaining money of
Mr. SAUL, under false pretences; but on Thursday another bill was preferred
for the bigamy by marrying Mrs. KENT, and, by aid of PHILLIP's law of
evidence, and then with some difficulty, it was found, and returned true
just before their dismissal. By reference to the trial, it will be seen that
a conviction took place on this indictment, as well as on that which was
supported by a witness who was present at the marriage. 
 
 
[to be continued] 
 
 
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <https://list.cumbriafhs.com/pipermail/list-cumbria/attachments/20250203/8ae115fc/attachment-0001.htm>