[list-cumbria] Carlisle Patriot, 28 Aug 1824 - Cumberland Summer Assizes (11)

[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] 
 
SHEEP STEALING. 
 
RICHARD ROUTLEDGE, 65, charged with stealing in the night of the 2nd of June
last, three sheep, (two tups and one gimmer), the property of John SMITH of
Tallantire. 
 
The prisoner, who is a mean-looking old man, was arraigned on Wednesday
afternoon. On being called on to plead, he all at once assumed insanity. Are
you guilty or not guilty? was inquired of him. "I paid turnpike!" was his
reply. The question was repeated, and still the answer was, with an affected
vacancy of stare, "I paid turnpike!" The Gaoler said all this was new to
him; he had not before heard any such irrational answers. The Judge ordered
him to stand down for the present. 
 
On Thursday morning, he was again put to the bar, and required to plead: "I
paid turnpike!" was again his reply to the question of "Are you guilty or
not guilty. Mr. Justice BAYLEY then ordered the Jury to be sworn to try
whether the prisoner stood mute by the act of God, or out of malice. 
 
Mr. JACKSON, the gaoler, deposed that the prisoner had been in his custody
about three months. He once saw him strip himself naked, and wanted to
fight, whether provoked by other prisoners or no witness could not tell. He
appeared at all times to be able to give tolerably reasonable answers—never
before heard him answer so absurdly as to-day and yesterday. 
 
Francis CARRICK, one of the turnkeys, had seen him daily, almost hourly,
since his confinement. He once observed him stripped naked in the yard, and
on another occasion wash his coat with a brush and water. When bade, he put
on his clothes again, and always answered reasonably—very unlike yesterday
and to-day. He did not seem to droop at all as the assizes approached. 
 
The Prisoner, who had been attentively listening to all that passed, though
leaning his head on his hands, and acting the part of a maniac with much
apparent self-satisfaction, here called out to his friends in the dock that
he wished to have some witnesses examined—witnesses to prove his own
insanity! The Court was highly diverted. Mr. Justice BAYLEY, however, heard
what passed, and ordered the witnesses forward. 
 
Mary BELL, of Burgh Hill, sworn.—The prisoner was apprentice and journeyman
with my father, and I have known him as long as I can recollect. I have
always heard it said that he was "not right" in his head; but I never saw
any thing of it myself.—You never saw him unreasonable at all?—I can't say
that I have. 
 
The prisoner's son, aged 16, who lives at Bothel, had known his father "not
right" at times—Did you ever know him refuse to answer questions?—No. 
 
Other witnesses were called, but they did not appear. 
 
Mr. Justice BAYLEY then addressed the Jury.—This proceeding was of the
nature of a preliminary inquiry. If they should find the prisoner mute from
malice, sentence would then pass upon him without trial. If they should
think him insane, the plea of not guilty would then be recorded, and the
trial proceed, they subsequently deciding whether he was in his right mind
when he committed the offence. 
 
The Jury turned round to deliberate, when the prisoner evinced much anxiety
to bring up his other witnesses, and conducted himself in the business not
at all like a mad man. 
 
Mr. Justice BAYLEY.—I think if you look into the dock, gentlemen, you will
see enough to determine the question. 
 
The Prisoner.—Bella BELL (one of the lost witnesses) came last night. 
 
The Court.—Is Bella BELL here, prisoner? 
 
Prisoner.—Yes, Sir. 
 
Court.—When did she come? 
 
Prisoner.—Last night. 
 
Court.—How do you know? 
 
Prisoner.—My wife told me so. 
 
Court.—He answers now—tell him he must plead. 
 
He was desired to plead. 
 
Prisoner.—I paid turnpike! 
 
Come, come, you must plead. 
 
Prisoner.—I paid turnpike, I tell you! 
 
The Jury wished to ascertain if the persons had come to town as he stated,
and finding this to be the fact, by recalling the son, who was not up to all
his father's manœuvres, they at once returned a verdict, "Mute by malice." 
 
Bella BELL afterwards appeared, and stated that the prisoner had lived with
her father, and she had heard him say they "must be very canny with him,"
and she had heard it said that he was at times not very right. 
 
Mr. Justice Bayley then heard the following evidence to satisfy himself that
the charge was well founded:— 
 
John Smith—I live at Tallantire, on my own estate. On the 2d June last, I
had three sheep in a close, and saw them at eight in the morning; missed
them next morning. On the 15th, I again saw them in Grasmere. They were mug
sheep—one gimmer and two tups. 
 
Anthony WILSON.—I keep the Swan inn at Grasmere. On 3d June, about 8 in the
evening, he came to my house with three mug sheep, one gimmer and two tups.
He drank two glasses of ale, which he did not pay for, as he said he was
going to Kendal, and he would pay when he came back again. A person asked
him what he intended the sheep for? He said he intended them for fat; but in
consequence of what they had said, he left the sheep and ran away. I put
them into my house, and kept them several days, when they disappeared on the
7th from my field, and I found them at Dalemain in prisoner's possession. He
said he took them out of a field at Tallantire, but knew not whose they
were. SMITH came to me, and told the marks before he saw them; they were
correct. 
 
John BELL.—I am a constable, and apprehended the prisoner, telling him the
charge, and then he made an attempt upon me with a knife, and when I secured
him, he cried out murder. 
 
Mr. SMITH recalled.—The sheep he saw with the landlord, were those which he
lost. 
 
Sentence of DEATH was recorded against the prisoner on Friday. His lordship
animadverted on his foolish pretence of insanity, and assured him that he
was fully aware of his imposture. His degree of punishment, the learned
judge said, would depend upon the result of an inquiry into his former life.

 
 
[to be continued] 
 
 
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <https://list.cumbriafhs.com/pipermail/list-cumbria/attachments/20250219/0b355493/attachment-0001.htm>