[list-cumbria] Carlisle Patriot, 28 Aug 1824 - Cumberland Summer Assizes (5)

[petra.mitchinson at doctors.org.uk]

Saturday 28 Aug 1824   (p. 2, col. 3 – p. 4, col. 5)
 
CUMBERLAND SUMMER ASSIZES, 1824. 
 
CROWN BAR: MR. BARON HULLOCK. 
 
[continued]  
 
MANSLAUGHTER. 
 
JAMES NICHOLSON was put to the bar, charged by the Coroner's Inquest, with
manslaughter: that he on the 5th day of June, did inflict on the back,
belly, sides, and various parts of the body of George GIBSON, such wounds
and bruises as caused his death in half an hour. The prisoner (in a firm
tone) pleaded not guilty. 
 
Mr. ARMSTRONG stated the case. 
 
Mr. COURTENAY rose and addressed the Jury for the prosecution. He said it
was his painful duty to state to them the particulars of the case now before
the Court; and that task was the more painful, as this circumstance
originated in the discharge of duty. The prisoner was a Police Officer at
Whitehaven, in this county. A court was held there for the recovery of small
debts; and a bookseller had made application for a debt of 34s. which was
owing to him from the deceased, who kept a school. GIBSON, on the evening he
was arrested, was about to depart for Liverpool, to spend the holidays with
some friends there; and his trunk had been carried on board a vessel just
before. NICHOLSON, the prisoner, and another officer named GREEN, were
entrusted with the execution of a precept on the deceased's goods, and on
that account went to his lodgings. The officer, GREEN, said he wanted
GIBSON; but the landlady denied him; perhaps she did not not [sic] know he
was in the house; but NICHOLSON saw his hat, and went up stairs; told the
deceased his errand, and GIBSON denied having any trunk there. The prisoner,
it would appear, then said, "But you have a hat down stairs;" and turned
round with a view of coming down the stairs, (which were very narrow), into
the kitchen, for the purpose, as the deceased undoubtedly thought, of
seizing his hat. GIBSON also came on the stairs, and endeavoured to press
past the prisoner, when a struggle ensued, and the prisoner, who is a strong
man, threw the deceased down, saying, "Damn you, I've had to do with you
before," probably alluding to a circumstance to which he would call the
attention of the Jury. Sometime previous to this melancholy circumstance, he
was walking with a friend in the streets of Whitehaven, and he happened to
express aloud to his friend some disapprobation of the Police. The prisoner
was passing at the time, and being one of the Police, thought himself
insulted by the observation, and struck at the deceased; they were parted;
but the prisoner observed, on leaving the deceased, that he would have him
some other time; and from this it appeared that there was something still
rankling in his mind. The learned counsel mentioned the state of the
deceased's body, and a surgeon should be called to prove it to their entire
satisfaction. The wisdom of the law was clear in this instance; for if the
hat had been allowed to be taken, personal altercation would have been the
consequence; and to prevent such consequences, the law had wisely ordered
that no necessary article belonging to the person should be seized; but if
it had been proper to have taken the hat, in taking it, the prisoner had no
right, the Jury would conceive, to use such brutality. 
 
Charles LOCKHART sworn.—Was the friend of George GIBSON, who was a
schoolmaster at Whitehaven. Witness was in company with the deceased on the
5th of June, at Mrs. ASHBRIDGE's, in King-street; Mr. MITCHELL, of
Tangier-street, was also there. The deceased was about to depart for
Liverpool, and they had some rum to drink. A person went out to get the
bottle filled; and in the meantime a rap came to the door, and the prisoner
and GREEN, the police officer, came into the room, where witness and the
deceased were sitting: one of them produced a paper, which he said was an
execution on GIBSON's goods; the deceased said he had nothing for them.
There was a cloak hanging in the room, which witness had lent to the
deceased. Prisoner left the room, and was followed by GIBSON: they had a
struggle on the stairs, and witness got up to see what was the matter. The
deceased was lying on his back, and the prisoner above him, holding him by
the collar: the prisoner had his knee on the deceased's breast, and was
pressing him down, saying "Damn you, I've had to do with you before." The
prisoner then told GREEN to get handcuffs, and take the deceased to the
Round-house for an assault. GREEN replied, there was no occasion for
handcuffs or irons. Prisoner still continued in the same position. Mary
MACHEL came, and at witness's request assisted him in taking the prisoner
off the deceased, who faintly exclaimed, "Oh dear! oh dear! my breast." They
laid him on the bed, and in three or four minutes he slipped down on the
floor. GREEN assisted witness to get him up again, and Mr. BRETT, surgeon,
was sent for; but GIBSON died in about half an hour. 
 
Cross-examined by Mr. ALDERSON.—Deceased was not a very good-tempered
man—rather irritable. GIBSON got knocked down at the Blue Bell public-house
about ten days before. Prisoner and deceased did not fall down stairs; they
were both on the landing: the deceased fell backwards into the room, and the
prisoner said he should be taken up for an assault. GREEN was at that time
in the room. Witness's attention was not called till he heard the scuffle,
and was certain that the prisoner was above the deceased at the time he
asked for the handcuffs. Witness did not see GREEN attempt to take the
prisoner off; nor did he assist in loosing the prisoner's hand.  MITCHELL
might have been on the stairs, but witness did not see him there. Cannot
swear what liquor GIBSON had before he came there, but he was not drunk. 
 
Hannah THOMPSON, sister to the last witness.—I remember NICHOLSON coming
with a paper in his hand. Deceased said he had no goods: prisoner observed
he had a hat, however, down stairs, and went down for the purpose of getting
it. (Witness had heard her brother give his evidence, and she perfectly
agreed with him.) 
 
Cross-examined.—GIBSON never spoke when he left the room: witness was about
the middle of it, and saw NICHOLSON follow him. She then heard a noise on
the stairs, and perceived the deceased on his back; NICHOLSON had hold of
the lapels of his coat, and observed, he had had to do with him before.
Witness would not swear that the deceased refused to let go his hold; but
would swear that force was not necessary to take him off. Prisoner had hold
of deceased by the neckcloth; and his knee pressed his chest very hard. 
 
Thomas GREEN sworn.—Is a police officer, and went with the prisoner to
execute a precept on the goods of George GIBSON, for a debt of £1 14s. 1d.
Prisoner and witness observed some hats below, and went up stairs. The
prisoner told GIBSON he had an execution against his goods; and the deceased
said he had none there. Prisoner observed a cloak in the room, which Mr.
LOCKHART claimed as his property. NICHOLSON then said GIBSON had a hat down
stairs, and went out of the room. GIBSON followed him. Witness saw GIBSON
put his hand on the prisoner's coat collar. NICHOLSON was on the first step
of the stairs from the top, and the deceased on the second. GIBSON appeared
to hold the prisoner as if he wanted to pass; but did not injure him.
NICHOLSON then turned round, and they took hold of each other, and instantly
fell. Witness thought they were strangling each other; and he requested them
both to let go their holds. GIBSON's hand was fixed in NICHOLSON's
neckcloth. 
 
Cross-examined.—The prisoner had done nothing till GIBSON laid hold of him;
and they fell down both together. The deceased refused to leave hold; and
witness pulled out his staff, and demanded them both to let go their holds,
which the prisoner did, but the deceased would not; and the prisoner again
seized him, saying, "You see, he will not let go his hold of me." NICHOLSON
took away the hat, and then came back to the house; was present, and held
the basin while Mr. BRETT was bleeding the deceased. Witness did not
consider GIBSON quite sober. 
 
 
[to be continued] 
 
 
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