[list-cumbria] Carlisle Patriot, 28 Aug 1824 - Cumberland Summer Assizes (20)

[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. 
 
ANOTHER CHARGE OF FORGERY. 
 
[continued] 
 
Charles HOLLIS, the Birmingham copper-plate engraver.—On the 24th of May
last, I saw the prisoner in Birmingham, with CRAMPTON, who employed me to do
something, and introduced GRISDALE as his friend. I saw them together three
or four times—when we always talked about guns and shooting. On Saturday,
May 29, GRISDALE came to the bottom of our shop-ladder, while CRAMPTON was
at the end of the passage. I heard my mother say something, but could not
tell what. 
 
Jane HOLLIS.—I am the mother of the last witness. I once saw the prisoner
come into our yard, having left CRAMPTON at the top of the entry. He was
going up the shop-ladder. I called him down, and asked him what he wanted
with my son? He told me he wanted a plate. I asked, what sort of a plate he
wanted? He asked me if it mattered? I said, Yes, you villain, it matters,
and if you don't dismiss the town directly, I'll have the runners (police)
and put you in prison. He said, You are mistaken; I don't doubt but you have
some person in view. I said, I am not mistaken, you villain; you have
brought a rope to hang my son, and it is not strong enough; go and hang
yourself with it; he gets his living by his labour, and not by scamping the
country like you do, and if you don't dismiss the town, I'll have you put in
prison immediately. He said no more, but ran up the entry, and I ran up
after him, seventeen steps; but before I got to the top, both were out of
sight: he seemed much confused, and trembled. 
 
Cross-examined by Mr. JONES. My son engraves plates. The people made no
charge against me or my son in this matter; but he was sent for down to
Whitehaven; he was absent, I believe, from Monday till Saturday. I had
before seen the prisoner in the warehouse looking out guns. My reason for
talking about the halter, was something that I had heard from my son. I was
sent for by Mr. HEYWOOD. 
 
(This witness was subjected to a very long cross-examination as to the
domestic affairs of her family, in order to lay a train for her son, and, by
making them contradict each other, destroy their credibility; but though
managed by Mr. JONES with considerable address, it decidedly failed—there
were at last but two or three very trivial discrepancies.) 
 
By Court.—Prisoner merely said he was come for a plate, without saying what
plate. 
 
Charles HOLLIS recalled.—I had made a promise to finish a plate by the time
the prisoner came—a copy of Whitehaven Bank note, such a one as that (the
forged note) now shewn, having received from CRAMPTON a pattern to do it by;
the same CRAMPTON who introduced GRISDALE as his friend. 
 
Cross-examined.—At the time CRAMPTON first mentioned the subject, the
prisoner was not present. I have been an engraver since I was 13 years old. 
 
By the Court.—You had not completed the plate had you?—I had never begun it.

 
Thomas GRISDALE, head clerk of JOHNSTON and Co's Bank, at Whitehaven, proved
the names of the parties as before. The note shewn to him, he pronounced a
forged one; he had not the slightest doubt of it. The engraving is ill done;
and the signatures are pretended; not the hand-writing of the persons
purporting to have signed. The notes of this Bank are much in circulation
about Keswick. 
 
The forged note was put in and read, and compared with the fifth count,
charging the intent to defraud MUSGRAVE. 
 
Mrs. BOWE recalled by Mr. JONES.—I know GRISDALE very well; he lives within
a quarter of a mile of me, and is sometimes at my house. He is well known at
Keswick, and could have been found at any time. I also knew MUSGRAVE and his
house very well. Whitehaven notes are common in Keswick, where there is
often a want of silver as change, so that people in a public way are
frequently applied to. 
 
Mr. HEYWOOD recalled by permission of his Lordship. When GRISDALE was before
the Magistrates, he stated that he left Keswick on the 13th of May, with
CRAMPTON, that they stayed at Kendal the first night; on the next morning
went together to the distance of nine miles from Kendal, and then separated,
and did not see CRAMPTON again till his return on the 11th of June. He said
all this, partly in answer to questions, and partly of his own accord. 
 
By Mr. JONES.—Did not subpœna the justices or their clerk. My reason for not
doing this, was in consequence of sending a copy of the depositions to Mr.
PATTESON, and it was his opinion that the evidence was sufficient. 
 
The prisoner, on being asked if he had any thing to say, observed, that if
the note now produced were the same that he paid to MUSGRAVE, he had not the
most distant idea that it was a forged one. Those notes are so very common
at Keswick, that you will probably get fifty of them for one of any other;
and he had been in the constant habit of receiving large sums of money, and
at all times had taken them without hesitation. 
 
Joseph ELLERAY, draper of Keswick, had known the prisoner 14 years; he was
formerly in the girth manufacture, and latterly had been employed by Mr.
BANKS in the pencil line: never heard any thing but well of him. 
 
Cross-examined.—Witness said he had been absent eight years of the time; and
could not tell whether the prisoner was in any regular employ or not. 
 
John PRATT, veterinary surgeon, in the Abbey Holme, but had lived at Keswick
some time. Had known the prisoner two years, and his character was very
honest for any thing witness knew. 
 
Betty RICHARDSON, wife of a schoolmaster at Keswick, had known the prisoner
eight or ten years, and never heard any thing but good of him. 
 
Mr. Justice BAYLEY summed up the evidence with his usual acuteness and
impartiality. There might be many forged notes in circulation, and a man
might take and most honestly pass one. There certainly was little to sustain
the charge in the manner of uttering; that must be looked for in what passed
at Birmingham, and the mis-statements given before the magistrates. There
untruth was told; and why should that have been but to conceal something
which the prisoner wished not to have divulged ? On the other hand, it
should be observed, that the prisoner did not seem to have sought the
opportunity of issuing; he is asked for the money; yet, he might have had
the note in his pocket in order to put it in circulation. In conclusion, his
Lordship explained the due weight of character, and impressed upon them the
humane principle of English criminal law, that the accused was fully
entitled to whatever doubts might arise in their mind from a consideration
of all the circumstances of the case. The Jury retired; and in about half an
hour returned with a verdict of NOT GUILTY. 
 
This being the last cause, his Lordship discharged the Jury, and expressed
his thanks for their services. "You have attended to all the cases (said his
Lordship emphatically) with great propriety." Addressing GRISDALE, he said:
"Prisoner, mind how you conduct yourself in future: don't get into any more
difficulties." He was liberated. 
 
John MULLEN, alias M'MULLEN, charged with stealing a watch, against whom no
bill was found, was discharged by proclamation. 
 
 
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