[list-cumbria] Carlisle Patriot, 28 Aug 1824 - Cumberland Summer Assizes (9)

[petra.mitchinson at doctors.org.uk]

Saturday 28 Aug 1824   (p. 2, col. 3 – p. 4, col. 5)
 
CUMBERLAND SUMMER ASSIZES, 1824. 
 
[continued] 
 
CROWN BAR: MR. JUSTICE BAYLEY. 
 
PETTY LARCENY. 
 
CHRISTOPHER DIXON, 38, charged with feloniously stealing, on the night of
the 7th July last, at Swaites, in the parish of Lanercost, one linen
bed-ticking, and a cotton quilt, the property of John HEWARD, value 4s. He
pleaded not guilty. 
 
Mr. CRESWELL conducted the prosecution; Mr. COURTENAY defended the prisoner.

 
John HEWARD sworn. I am a farmer residing at Swaites. On the night of 7th
July, the articles mentioned in the indictment were left lying in a small
close at my house-end; I saw them between 9 and 10; in the morning they were
gone. We traced footsteps, those of a man and woman, (the latter wearing
clogs) in the dew on the grass and on the footway nearly three miles, to
within a short distance of the prisoner's house. I then got a
search-warrant, went to his house, accompanied by GRAHAM the constable, and
one RICHARDSON. On entering we found the prisoner coming out of the
milk-house, where also we saw his wife. We discovered nothing in the house:
but in a sort of pig-stye at the end of the milk-house, with which a window
communicated, we found the stolen articles, lying as if they had been
hastily flung out at the window on our entering. 
 
Cross-examined.—We found all the articles we lost on one spot in the stye,
together with some other things belonging to a neighbour. 
 
By the Judge.—The size of the footmark was of the middle size, but we did
not compare the prisoner's shoe with it. On taxing him with the theft, he
denied it, and said he had been at home all night: the footsteps led both
ways. Prisoner's wife had on clogs such as we saw the marks of; but they are
commonly worn by other women. 
 
Joseph GRAHAM, the constable, spoke to the same acts, and as to taking care
of the goods up to this time. He produced them, and HEWARD swore to them by
certain marks which he pointed out. 
 
Cross-examined, GRAHAM said the window was about a foot square, and the
goods were lying about 3½ yards from the window. 
 
HEWARD valued the property at 4s. A highway passed in front of DIXON's
house. 
 
This was the case for the prosecution. Mr. COURTENAY called in prisoner's
behalf, 
 
Mrs. Elizabeth ARMSTRONG, of Carlisle, who deposed that DIXON had rented of
her a farm of £18 per annum for 6 years past; that he was recommended to her
as an honest, industrious man; and she had found him so. 
 
Ann PATTINSON sworn.—About the time in question I had lived as a servant
with the prisoner, and when it was searched I was in his house in order to
make up some lost time. My master and mistress had been at Brampton market
on the day before (the 7th), a distance of seven miles; they walked, and
returned about nine at night. The weather was wet and bad. My mistress
complained of the cholic, and went to-bed about ten; master soon followed.
They brought home from market a basket of things; but nothing in it like the
articles produced. I slept in the parlour; they in the kitchen, and they
could not have gone out without my hearing. I was last up. Besides that, I
got up again in the night to attend on my mistress, as she grew worse. About
six in the evening, two women and a man, with an ass and panniers, (they
were tinkers or potters), came to the house, and asked for lodgings, as it
was wet. I told them my master and mistress would be angry if I let them
stop; but after some conversation they went into an out-house, where they
could get away at any hour—they started between six and seven next morning. 
 
Cross-examined by Mr. CRESSWELL.—Witness said she had lived with the
prisoner two years, and left him at May-day this year. She had left him
before to go into Scotland because she had the misfortune to be with child;
but she knew not when she went, in what year, how long she stopped, nor when
she returned; the child is dead. She also had the misfortune, while in
Scotland, to be put in prison for something of this kind; but could not tell
how long ago—how long she was in prison! 
 
HEWARD, recalled by the Judge, said he lives between prisoner's house and
Brampton. 
 
Mr. Justice BAYLEY summed up the evidence. If PATTINSON's account was true,
his Lordship observed, the prisoner could not have committed the robbery;
but it was for the jury to decide whether they would give credit to her
evidence or not. Without her testimony, there was certainly a very strong
case of suspicion against him; yet, the goods might have been put into the
stye by others; and they should take into consideration his good character,
for it was not likely that a man would wilfully forfeit that character for
property of such very small value.—The jury consulted a few minutes, and
returned a verdict of Not Guilty. 
 
The prisoner was immediately arraigned on a charge of feloniously stealing,
on the same night, four linen shirts, and eight woman's linen shifts, value
15s., the property of John MARTIN and Wm. ROUTLEDGE, of Soglin, parish of
Lanercost. He again pleaded not guilty. 
 
Mr. CRESWELL said this was a charge of stealing other goods on the same
night, also found in the stye. 
 
HEWARD repeated his former evidence. Besides the quilt and ticking, they
found in the stye, three shirts and eight shifts, all wet, except one, and
dirty with being flung into that place. They found one shirt on the Garth
dyke, on the inside, adjoining DIXON's premises, clean washed, and hung out
to dry. 
 
John MARTIN proved that the shirts and shifts were put out to bleach near
his house on the 7th of July, and disappeared on the 8th. He was present
when they were found in the stye. The shirt on the hedge was his servant's,
ROUTLEDGE's. He is a farmer, and lives less than a mile from
HEWARD's.—Witness identified the property. 
 
Hannah MARTIN, daughter of John MARTIN, proved placing the clothes to
bleach, and their disappearance. 
 
Wm. ROUTLEDGE, the servant, assisted to trace the footsteps over the fields,
paths, &c., to get the warrant, and search the premises, &c. The shirt found
on the garden-hedge was his; it hung out in sight of DIXON's house, and they
must have seen it. 
 
The prisoner denied all knowledge of the robbery. The counsel for the
prosecution consented to consider the evidence of ARMSTRONG and PATTINSON as
having also been given in this case. 
 
Mr. Justice BAILEY.—This case, though arising out of the other, was in some
respects distinguishable from it. The goods found in the stye were probably
all put there by one hand; but there was the addition of a shirt on the
hedge full in view. A wife could not be a witness for or against her
husband; and, therefore, PATTINSON was the only person, excepting the
children, who could give evidence how prisoner passed the night of the 7th.
To be sure, it was very singular, if he had stolen the things, that he
should have next day left a shirt hanging where every one could have seen
it. If they had any doubt, the prisoner should have the benefit, for no man
ought to be found guilty in favour of whom a reasonable doubt existed.—Not
Guilty. 
 
Mr. Justice BAYLEY.—Prisoner, attend to me. You have been acquitted on these
charges, principally on account of the character given you by ARMSTRONG, and
hence you will see the value of a good name. I think that acquittal quite
right. But, prisoner, (pointedly), take care that no part of your subsequent
conduct give reason to think that there has been a good foundation for the
charge from which you have escaped. 
 
 
[to be continued] 
 
 
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