[list-cumbria] Carlisle Patriot, 28 Aug 1824 - Cumberland Summer Assizes (19)

[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] 
 
ANOTHER CHARGE OF FORGERY. 
 
JOSEPH GRISDALE, 25, was put to the bar, charged, like CRAMPTON, with
forging, and also with uttering a guinea note of JOHNSTON and Co.'s
Whitehaven Bank, knowing, &c. 
 
The same counsel appeared both for the prosecutors and the prisoner as in
the former case. All unexamined witnesses were ordered to be kept out of
hearing. 
 
Mr. COURTENAY.—The jury had heard from the clerk of the arraigns that the
charge against the prisoner was two-fold; namely, that of forging a
Whitehaven guinea note with intent to defraud Messrs. JOHNSTON and Co.,
bankers, Whitehaven; and, secondly, for uttering the said counterfeit note,
knowing it to be such, with the same and similar intent. And though in the
result abundant evidence would appear to connect the prisoner with the
probable forger (CRAMPTON), yet it was perhaps too slight to bring home the
charge of forgery; but the uttering he should prove, he thought, beyond any
question. Having stated an outline of the facts of the case as afterwards
established, the learned gentleman proceeded to adduce his testimony. 
 
John MUSGRAVE sworn.—I live at Keswick, where the prisoner also resides. In
June he owed me £2. On the 17th, I asked him if he could let me have any
money; he gave me a Whitehaven note for a guinea, JOHNSTON & Co's, that I
was to go and get change, and I should have a few shillings out of it, but
he did not say how much. I took it to Ann BOWE's, about fifteen yards off;
prisoner might have gone there himself had he chosen. I gave the note to
Mrs. BOWE. 
 
Cross-examined by Mr. D. F. JONES—I am a clock-maker, and have resided in
Keswick 20 years; Mrs. BOWE is an innkeeper. I merely asked prisoner to let
me have a few shillings, to help the evening out—I was rather tipsy at the
time. I told him that I was determined to have a good drink, and asked him
for a few shillings for that purpose. He said he had nothing but a guinea
note about him, that he could not let me have much, as he should have to pay
his rent shortly. I was drinking at Mrs. BOWE's house. She took the the
[sic] note to DAWSON's, an alarm being made that the note was bad, and I saw
Mr. DAWSON in about five minutes. At first I declined stating where I got
the note. No one was present when prisoner gave it to me: but they said that
unless I told how I came by it, they would stop me. After this it was that I
first mentioned the prisoner's name. I went to him, and he came at once,
saying he wished to see if the note was the same that he had given me; there
was no warrant nor constable; but he went to DAWSON's of his own accord; and
there, to prevent mistakes, he begged that the note might be marked; but I
don't know that Mr. DAWSON refused to mark it. 
 
By Court.—Ten minutes elapsed between giving the note to Mrs. BOWE and going
to DAWSON's. 
 
Ann BOWE called—On the 17th June, John MUSGRAVE brought a Whitehaven guinea
note to me and asked for change. I thought it was a forged one, and went and
asked Mr. DAWSON about it before giving change, and that gentleman kept it.
MUSGRAVE knew I was going to take it there. 
 
Cross-examined.—When I came back, with Mr. DAWSON, we found MUSGRAVE in my
kitchen. Mr. D. asked him where he got it. He refused, for some time, to
tell: and he did not give the account required while in my house; he
followed Mr. DAWSON out. He told me and my sister, as soon as Mr. DAWSON
left the house, that he had it of GRISDALE, and I advised him to follow Mr.
DAWSON, otherwise it might be a bad job. 
 
Joseph DAWSON.—I am agent to the Whitehaven Bank at Keswick. On 17th June,
in the afternoon, Mrs. BOWE came to me with the Whitehaven note now handed
up; the name Peter SPEDDING, was written on the back of it when it came to
me; I know a man of that name: I afterwards marked the note myself. I was
present when the prisoner was examined before the magistrates—that
examination I believe was not taken down in writing. 
 
Mr. Justice BAYLEY—Prima facie, all examinations before Magistrates are
taken to be in writing, and the contrary must be shewn. I very much dislike
to see the practice departed from, and think it very irregular and
inconvenient. 
 
Mr. HEYWOOD was called to prove that the examination (as in the case of
CRAMPTON) was not taken down in writing. 
 
Cross-examined.—A few questions were put to him only—he was very
communicative, and was requested not to say any thing several times: he
would declare where he had been, and what he had done. He was twice asked if
he had been in Birmingham, and he said he had been there, in passing
through. He also said he had been in London; that he had been to see the
fight between SPRING and LANGAN. I acted as clerk to the magistrates on the
occasion by accident; their regular clerk was present. As superintendent of
the Police at Whitehaven, it was that I was requested by one of the Bank
firm to investigate this business. I did not know at the time that I was to
be attorney for the prosecution; nor did I expect to be so employed, for one
of the partners and his son are solicitors. The regular clerk to the
magistrates at Keswick was present, and asked me to take the examinations,
being more conversant with the business. The clerk is not here; one of the
magistrates, Mr. CALVERT, was present yesterday. 
 
Mr. HEYWOOD begged to say to his Lordship, that as soon as he knew that he
was to be attorney to the prosecution, he declined, as Clerk to the
Whitehaven magistrates, to take the remaining depositions, and they were
taken by Mr. Peter HODGSON. 
 
By the Court at Mr. JONES's desire—I did not subpœna either of the Justices
or their Clerk. 
 
By Mr. COURTENAY.—In the course of my experience I never knew a magistrate
subpœned. 
 
Mr. DAWSON's examination continued.—I can't say that I heard the prisoner
tell where he had been when absent from Keswick. 
 
By Mr. JONES.—I feel confident that the note was brought to me before eight
at night. It was after I had seen the prisoner that I marked the note; not
in his presence, he had gone out; he desired me to mark it before I let it
out of my hands, and I told him I would do so. It was never out of my hand
from the time Mrs. BOWE gave it to me till I marked it. 
 
 
[to be continued] 
 
 
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