[list-cumbria] Carlisle Patriot, 28 Aug 1824 - Cumberland Summer Assizes (6)

[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. 
 
MANSLAUGHTER. 
 
[continued] 
 
Mr. MITCHELL stated that he had been in company with the parties before this
circumstance took place. The deceased had had a pint of ale and a glass of
rum; but he was not tipsy. Witness saw the prisoner standing at the room
door, at the time when GIBSON was coming out. The deceased laid his hand on
the prisoner's shoulder, merely as if to pass; when NICHOLSON turned and
seized GIBSON, and both fell; deceased undermost. Witness was on the middle
of the stairs; but could not observe the position in which the prisoner and
deceased were lying. The prisoner shook the deceased; but witness did not
observe his knees. 
 
Cross-examined.-At the time NICHOLSON and GIBSON fell, they both had hold of
each other. GIBSON pushed him, and they fell back into the room: the
prisoner was full-length upon the deceased, and his elbow resting upon his
chest; but witness would swear he did not observe the prisoner's knee. Does
not recollect hearing any thing said. The prisoner was much the stronger
man, though the deceased was the taller. Never heard GIBSON complain of
ill-health. 
 
Cross-examined.-GIBSON seized NICHOLSON by the collar; and the prisoner
caught his hold as the deceased was pushing him away: he caught his hold in
a moment. 
 
Elizabeth DORIEN.-I did not see the police officers go up stairs, but I saw
them after; and I observed NICHOLSON come down stairs, and take up the hat,
which he carried away, saying, "I'll take this now, and I'll take more
by-and-by; I've had him in tow before." Cross-examined. NICHOLSON appeared
very angry a the time. 
 
Mary MACHELL.-On the day in question, witness heard a noise up stairs, and
she went, and saw the deceased lying on his back: the prisoner had his knee
upon his stomach, which he pressed very hard. The deceased had hold of the
prisoner by the coat. 
 
Cross-examined.-Witness said she did not see the beginning of the affair,
nor did she see Mr. MITCHELL on the stairs, though they were narrow, and
witness went up from below. Witness assisted Mr. LOCKHART to take the
prisoner off the deceased. 
 
Mr. BRETT, surgeon, examined.-Was called in to one George GIBSON, whom he
found in a state of insensibility; pulsation had entirely ceased at the
wrist, and the deceased was then in a dying state. The prisoner and Mr.
LOCKHART assisted witness to bleed the deceased, but he died in about half
an hour. 
 
Cross-examined.-Witness examined the chest and abdomen of the deceased; but
there was no appearance which could induce witness to conclude by what means
he came by his death. No external marks of violence were on the body. A
blood vessel might be broken by violence. 
 
Thomas MICHELL was appointed by Mr. Peter HODGSON to open the deceased's
body. Witness first examined the chest externally, but saw no marks upon it.
A bruise is a mark caused by extravasation. The deceased's heart was
healthy, but his lungs were bad. On opening the abdomen, the blood gushed
out most profusely the moment witness made the incision; so that he thought
some large vessel must have ruptured. Witness proceeded in his examination,
and discovered that the liver was ruptured through, near the division of the
two lobes, for about two inches in length: it took an oblique direction. A
rupture of the liver might be produced by a violent blow or pressure. What
witness saw was sufficient to produce death. 
 
Cross-examined.-A struggle would not occasion it. The elbow of the prisoner,
pressing forcibly on the chest, might produce it. As the deceased was
emaciated, less pressure would do it to him than to a stronger man. The
liver was thin at the edge, and about two inches in thickness. 
 
The prisoner had no counsel, and declined asking the witnesses any
questions; but he gave in a well-written defence, which was very audibly
read to the court by the clerk of arraigns, the purport of which was that he
hoped it would be considered that he was acting in an official capacity, and
that misfortune, rather than misconduct, had placed him in his present
situation. It went on to state, that whilst the deceased and prisoner were
struggling, they fell, and the deceased was unfortunately undermost, and the
prisoner's elbow hit upon his stomach; and that no one could regret the fate
of the deceased more than the prisoner did,-that men in the prisoner's
situation were seldom popular, but he hoped the jury would divest their
minds of all prejudice regarding him. 
 
His Lordship went through the whole of the evidence, with great care. He
said the officers were armed with a process which authorized them to seize
the property of the deceased, and therefore their visit was legal. When
NICHOLSON went down stairs to get the hat, he was in the exercise of his
duty; and if the deceased opposed him, he was certainly obstructing him in
the exercise of it. If the prisoner thought himself insulted, and got the
deceased down, and when he had him in that helpless situation, did him any
intentional violence, with a view to injure him, he might now abide by the
consequence; and it did appear, from some parts of the evidence, that his
mind was actuated by something more than the mere discharge of his duty;
because he had said, "Damn you, I've had to do with you before;" which
looked as if there was something previously lurking in his mind.
Notwithstanding there was some difference in the evidence, it was, his
Lordship thought, quite clear, that GIBSON's death was the result of the
struggle which unfortunately took place. But the Jury would also remember,
that the prisoner surrendered himself immediately: he held the basin, whilst
the surgeon was bleeding the deceased, and gave all the assistance in his
power. The question for consideration was, whether this calamity was the
result of accident or design. If, when the deceased laid his hand upon the
prisoner, the latter turned round only for the purpose of preventing himself
from being obstructed in the discharge of his duty, it was then the result
of accident; but if he had any other motive or intention in his mind at that
time, then the case was quite different. His lordship hoped the Jury would
satisfy their minds on that point. 
 
The Jury turned round in the box for a few minutes, and then delivered a
verdict of Not Guilty, and the prisoner was immediately liberated. 
 
 
[to be continued] 
 
 
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