[list-cumbria] Carlisle Patriot, 28 Aug 1824 - Cumberland Summer Assizes (13)

[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. 
 
BURGLARY. 
 
[continued] 
 
Isabella BATY.-On Tuesday the 11th of May, KELLY came to my house at
Langholm, 12 miles from Longtown, about three in the afternoon, and asked
for lodgings, saying he came from Hawick, directed by two persons who left
me on Monday, and gave me all the marks of them. Hawick is 22 miles further
north. He had on his neck a new red and yellow silk handkerchief, which he
took off and asked me to hem it for him. I carried it to a young woman named
Hannah HOGG, and she hemmed it for a penny; I am sure she brought back the
same: I was about to give it to KELLY, when he desired me to try to sell it
for him, as he was out of pocket-money; and as he had come a long road, he
was weary, and wished to rest. I did not sell it, but gave it to he
constable, when he came back to ask for it (after taking away the prisoner).

 
In answer to question from KELLY, BATY said-After he had been an hour in the
house, she went to him and told him that a robbery had been committed in
Longtown, that they were taking up people, all strangers, and would search
all houses. Prisoner said he would not leave the house, because he had done
nothing, and he did not think they would take up an innocent man. Before he
went to bed he went out for a walk in the evening. Witness did not recollect
that he said he was going to Carlisle to seek for work. 
 
In reply to the Bench, BATY said-I could not discern the least guilt in his
face, although I tried him every way (a laugh), so I let him go to bed-and
the constable came and took him between ten and eleven. 
 
Matthew COULSON (looking at the handkerchief produced). This handkerchief
was given me by last witness, and I have had it ever since. 
 
BATY, recalled, said the handkerchief was very like the one she spoke of. 
 
Mr. LITTLE deposed that he had one of the same pattern on the night of the
robbery-he had no doubt of it. He believed he had only one left, and that
was missing with the rest of the goods. When called up, the time was a
little after two in the morning; it was moon-light; day broke soon after.
The value of the whole of the goods was eight pounds. 
 
Mrs. WRIGHT recalled, said she saw KELLY again on the Wednesday, when in
custody, and knew him at once. 
 
David HILL.-I keep the toll-bar situated three miles and a half north of
Longtown. I saw KELLY there on Tuesday the 11th, betwixt six and seven in
the morning; he came down the Longtown road, and said he was going to
Longtown. He asked for a drink, which was given him; and inquired how many
miles to Longtown. Between eight and nine the same morning, I met him on the
road again, coming from Longtown. I asked what made him return so soon, and
he answered, that he had met with an acquaintance, and learning from him
there was no work up in England, he was going home again, being short of
money. I asked him if he would sell the handkerchief about his neck (before
he said he was out of money), and he asked me 4s. 6d. for it. 
 
HILL, in answer to questions by KELLY.-I was at Langholm, and saw some one
in custody. I thought KELLY was the person I had seen go through the
tollbar-I  had no doubt about it. 
 
Wm. HODGSON, Esq. took down KELLY's examination before the magistrates in
writing, read it over to him, and he signed it. He was told that he might
say anything or nothing. KELLY declared that he did not know what he was
signing! 
 
The voluntary examination before the magistrates was put in-in which he said
that he never was in Longtown in his life before his apprehension; and that
he bought the silk handkerchief at Glasgow for 4s. 6d. 
 
CHATTERTON, in his defence, said that he was for the first time in Longtown
on the night in question. He could not sleep, so he got up about day-light,
and passing through the street, accidentally stumbled on the goods in the
bundle, and just then met with CURRIE, whom he avoided because he was afraid
of his life. He had not a halfpenny at the time he was taken. 
 
KELLY declared he was on his way from Hawick to Carlisle to look for work.
The handkerchief, he repeated, he bought at Glasgow. 
 
Neither called any witnesses-they said they had no friends. 
 
His Lordship, in summing up, pointed out the distinction between the cases
of the two prisoners, and explained the nature of a burglary, and how each,
under the circumstances, was guilty in the eye of the law, if they believed
the evidence as to the identity. If the persons who spoke of KELLY were
correct, then his account about intending to come to Carlisle to look for
work was false. His guilt might be judged of by his associates. One is
naturally suspicious of a man detected in a falsehood; for if the truth
would not prejudice him, why not tell it? 
 
The Jury found both the prisoners Guilty of the Burglary. 
 
His Lordship, in ordering the sentence of DEATH to be recorded, reprobated
their way of life-their prowling about, stealing from the industrious, in
order to maintain their own idleness. "You are both," said his Lordship,
"very young, and it is early for you to be using all your energies in
wickedness. Although you committed your offence in the night, it was not
easy to conceal it-it is easy to commit crime, but very difficult to hide
it; for you must remember, that though you may steal in the dead of night,
there is still an eye that sees you." His Lordship said their case should be
referred to the proper quarter, with the requisite explanations and
representations. 
 
 
[to be continued] 
 
 
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