[list-cumbria] Carlisle Patriot, 28 Aug 1824 - Cumberland Summer Assizes (10)

[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. JUSTICE BAYLEY. 
 
[continued] 
 
HIGHWAY ROBBERY. 
 
WM. STRONG, 24, and ISAAC MAYSON, 21, charged with feloniously assaulting
John WARD, of Broklebank [sic], parish of Caldbeck, yeoman, on the King's
highway, on the 26th of March last, and forcibly taking from his person, a
leather pocket-book, containing eight cash notes of the Leith Banking
company, value £8, and a promissory note value £6, the property of the said
John WARD. They pleaded not guilty. 
 
Mr. COURTENAY appeared for the prosecution; the prisoners had no legal
assistance. The learned gentleman stated a very brief outline of the case. 
 
John WARD sworn.—I live at Brocklebank. On the 26th March, I had been at
Caldbeck, and was returning home about ten at night. As I was going over the
common, I heard some one there. Prisoners overtook me: one of them took hold
of me: I said, "Lads, what  are you wanting with me?" I knew STRONG, who
answered, "Give me hold of that pistol, and I'll blow your brains out, if
you say another word." He threw me down—no pistols were produced. He took my
pocket-book, containing eight Leith one-pound notes, and a promissory note
for £6, as well as papers. MAYSON stood several yards off all the time; he
neither said nor did any thing. After they had taken my book, I said if they
would return it me again, I would give each a note, there being something in
it that I could not want. They did not reply, but went away, continuing the
road which they were before going. I only knew STRONG by sight, but was not
intimate with him: I am sure the prisoners are the persons. I did not then
let either the prisoners know that I knew them. 
 
Henry ROBINSON.—I am a constable. I received a warrant from WARD, on the 2nd
of April, to take up the prisoners. Richard HARRISON was present at the
prisoners' apprehension; STRONG I found in Caldbeck village. I told him I
had a warrant against him for robbing John WARD of some money. He said he
would go with me wherever I liked, and I took him to an inn in Caldbeck,
where we staid all night. Took MAYSON afterwards in Sebergham parish, in a
field, where there was a cock-fight. I also told him I had a warrant against
him for the money they had got from John WARD. I conducted him to WATSON's,
where the other prisoner was. In the evening, he told me if I let him go, he
would give me his share of the money that he had got, not saying from whom.
I went to his place of residence with him, where he gave me £3 5s. which I
handed over to WARD. He said, "That's my share of the money that I had, all
but 5s.; STRONG gave me it." STRONG heard all this; and when I came back, he
said, "Well, I may as well go for mine now." He did so. I went with him—he
found it in an out-house—he gave me £3, and told me that I might give it to
John WARD. Both said that they rued what they had done: STRONG declared that
he would not have done it if he had not been in liquor. 
 
Richard HARRISON was present when both were taken. Heard STRONG at first say
he was not guilty, and persisted in it till I showed him the money got from
MAYSON; and then he said he would give us what HE had if we would go with
him. This he afterwards did, saying he would not have taken the money had he
not been in liquor. 
 
WARD, recalled, said he received his money back from the witnesses—the notes
produced are of the same kind as those he lost. He had no particular mark. 
 
By the Court.—I did not take them up till the 2d of April, because I thought
they might be bringing the money to me again. I never recovered the £6
promissory note. 
 
STRONG, in his defence, said that they were told, when taken, that they
should be liberated it they delivered up the money. 
 
All the witnesses denied any such promise. 
 
John RIDLEY, weaver, Caldbeck, knew both prisoners well, for many years, and
gave them good characters. Both are single men.—He said that if Mr. WARD had
held his tongue about his money while at the public-house, he would probably
not have lost it. 
 
Geo. PEARSON, husbandman, two miles from Caldbeck, spoke in behalf of
both—particularly in favour of STRONG. 
 
Joseph CHAPELHOW had known MAYSON about three years, and he always bore an
honest character. 
 
WARD recalled.—I had been at a public house that night, and was rather in
liquor; I did not see either of the prisoners there, and know not that I
said any thing about my money. 
 
Mr. Justice BAYLEY summed up.—Both prisoners were charged alike, but the
case, as proved, differently affected them. STRONG was the most active; but
if the Jury should think that MAYSON was willingly present and aiding, he
was equally guilty. If STRONG acted improperly from his own impulse, MAYSON
ought to have interfered and opposed the robbery. The giving up the money
should not prevent a verdict of guilty from being returned, for people are
not prosecuted for the sake of the person robbed, but for the sake of the
public, in order to prevent future offences. No doubt, they were not persons
in the habit of committing robberies of this kind. The fair effect of
character is, to exonerate where there is doubt, and operate in mitigation
of punishment; but it could not be permitted to set aside positive
testimony. 
 
The Jury, after a short consideration, returned a verdict of Guilty against
both prisoners. 
 
Mr. Justice BAYLEY.—You now know what are some of the consequences of
getting in liquor: till this time, to all appearance, you have conducted
yourselves with propriety. I shall make inquiries before I pass sentence. 
 
At the rising of the court yesterday, judgment of DEATH was recorded against
the prisoners; and his lordship held out hope of a more than ordinary
extension of mercy. 
 
 
[to be continued] 
 
 
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