The British Press; or, Morning Literary Advertiser.
London, England, 1820-09-07 00:00:00

CARLISLE .ASSIZES.

NISI PRIUS COURT.

THE SING a. PICKUP.
' This was au indictment found at the Christine,
Asezes, at the instance of the Rev. Win. Smith,
Vim of Ainstable, spinet the DeTendaut, James
Pickup, jrintr and cabinet-maker, of thiseity, and
removed titto the King's Bench. the indictment
contained two counts : one for assaulting the said
Victor in the church, whet, in the execution of his
• duty, the other charged a common assault.
The Rev. Gentleman stated, that on the 20th
December last .he was induced to visit his church,
it. consequence of suspecting some depredations
were gaiug on against his pew. Knocking at; the
door and receiving no answer, he we'd to the chan-
cel window, and saw two men with their coats off,
one inside the pew and the other outside of it, re-
moving the stone and lime rubbish, which had been
put wider the flagging of his seat on the recomnseue
dation of the workmen to render it drier; he called
on them to desist, and threateued them et!. an
action fur wl:at they had already done if they did
tiot.Witness demanded admittance into his church
three times very audibly, that Laurence, who .was
at the gate with a cart load of earth, might hear ,
eery well. To this demand no attention %yaw paid.:
NVitness paced about the church-yard for a core&
derable lime. In about twenty minutes or half an
hour, Pickup came out with a scuttle; witness
turbid him to take tiny of the earth either into the
church or church-yard. IVitness went lino the
t he.rch and observed the other man, Morley, in his
pew in' the chancel ; addressed himself to him, and
told him that he, the witness, thought he had said
enough to hint before about damaging the pew,
and asked what right he had to do so. Morley re.
pled, " o—n you, what's that to you ?" Pickup
returned, but witness had barred the door upon
him with a pets-kmre and • small clasp knife.
Pickup got in, seized witness by the collar behind,
while Morley had hold of him before, and swore
he would knock out his brains with a hammer
which he had in his hand. %%rimers cried " Mur-
der !" repeatedly ; they seemed afraid. and threw
horn out of the church door, and then barred it ;
Motley struck witness over the lip, and tore some
skin off his cheek with his thumb nail. Witness
was much injured ; spasms seized bun in various
places; he was ill about a fortnight.
On his cross-examittation witness stated, that Mr.
Ross and witness have a pew on one side of the
chancel, and Mrs. Bomber the rest of the chancel;
the whole of her family had been buried in the
chimed. Does not know that Miss Yeates was
buried under his pew ; leave was asked to take it
down—wittiers performed the funeral service. Mrs.
'lumber agreed to repair the flagging of the chancel
at her own expense, on condition that the old flags
were to remain where they were, and the new ones to
be laid over them. Does not know that Pickup
had agreed to do the work. About six or seven
months before that Pickup atid a common bailiff
came to demolish hi. pew; meant to take the rub-
bish from under it. Pickup told hint that Mrs. Bom-
ber would not pay hint for the job unless the rubbish
vas taken out, and sand put in its place. according
to the contract. Wttnessdid not wish to have the pew
dtmolPhed. Sand is slot so dry as stone and lime rub.
bid'. Here the witness was closely questioned re-
specting the use which he made of the clasp-knife;
he totally denied using it offensively against Mor-
ley ; said that Morley rushed his thumb into' wit-
vess's mouth with the greatest violence. Read the
indictment now trying; if it charged the present
Defendant with doing so, which appeared to be the
case, it was a mistake. It appeared on further
cross-examination, the witness was not on any eccle-
eastical duty, and the first count in the indictment
Wlll ahandoned. Having fastened the church-yard
gate to prevent the introduction of the cart with
earth, oiniftucted Pickup in getting over it when
got:ix out of the chuicloyard, hut did not touch
him ; swears it ; asked if he would stick to it ; said
h.! would cling to it. There were other ways ont
of t:e church-yeid. Did not say to Pickup, when
',het:hutch," Get out you tl—d rascal." Thought
they were going to kill him, or would hsve been
Sony to have called owt " Murder !"
Peter Flemming, the then churchwarden, met
Leal enee and Morley together, and Mr. Smith and
the Defendant a little behind. Mr. S. had a little
blood on his neck handkerchief, slid on his cheek
and lip. Mr. Smith said, " Pickup, you threaten-
ed to knock my brains out with that hammer."—
Pickup answered, " If you had not behaved it, so
menacing a r 1 would not have done so."
Cross-eicninetl—Said he thought the blood was
from Smith; did not hear Morley complain.
Elizabeth Ann Smith recited a subsequent con-
versation with Pickup, the tendency of which
went to shiuw that Pickup's settling the business
with Mr. Smith depended upon a letter he was then
expecting front Mrs. Bomber. Witness no relation
of the Prosecutor.
Joshua Bird said. Pickup *hewed him a letter
either from Mrs. Bomber. or her agents, and asked
him if he ever saw a letter so full of mischief (the,
tendency of this evidence wash) prove that the De-
lendant acted under theincitement of Mrs. Bomber.
to injure the Prosecutor's pew, by putting gravel
under the flags). The wittiews went on to say that
lie charged Pit kup with using Mr. Smith ill.
Pickup said he never struck Smith, " lie only took
him by the neck and threw bins to the door like a
carting (a boiled grey pea)."
For the Defendant appeared William Morley.
who gave a very Jitters's' account of the transactions
in the church. Swore that the Prosecutor called
hint, wilco in the church, " a d—d scoundrel ;",t
the Prosecutor seized imn by the cellar; more than
once repeated the offetisive words; drew Iris knits
on witness, and swore by G-i-d he would stick him;
snatched at witness's thumb end bit it to the butte,
the blood ruonisig out of the parson's mouth; that
Mr. Smith that assaulted Pickup, who came to
witnesses assistauce, wod such language as we
have before stained our paper with. and that
Pickup acted entirely on the defensive; that the
prosecutor seized Pickup by the collar when get.
ling ov.r the gate. mid pulled him and the wall
down together. This last particular was likewise
deposed to by Jcsepli Laurence, who was stationed
outside with the cart. This wituesa said that
Pickup, when 'welted out, called to Morley to
open the dour ; Mr. Smith 1110f,e if Morley came
there, he 'mutd malign up to the heart; Pickup

looked through the key-hole, ank said be has die
knife in his hand; witness looked and saw the
blade of the knife. The parson and Morley bad a
-struggle ; Morley called out, " D—n him, be has
bitten my thumb off." Pickup then forced open
the door, was assaulted by Mr. Smith in the maw.
rier devcribed by Morley ; that there was no striking
with either hand• or feet.
M►. Justice Putt had at different times inter-
fered to reconcile the parties. and here it wart agreed
to take •erdicts of Not Guilty on this indictment,
and on another against Morley ; an indictment
against Mr. Smith pending in the other Cuurt to
be abandoned.

/AWED!. FAULDER.
*On this 'cause being called, Mr. Justice PARK
ordered females and boys to withdraw. When the
'Court was cleaved.
Mr.LITTLICUit.O opened the pleading',from which
it appeared, that this was an action brought by Jane
Lawson, widow. against Wm. Faulder, to recover
a compensation in damages for a breach of promise
of marriage.
Mr. SCARLETT addressed the Jury with his usual
'effect, and to make out the case which he had
"sled called a nephew of the Plaintiff.
The witness loves in the house of his grandfather,
Cilkerson, a fanner, at Beaumont, in this
*county with whom the Plaintiff, who is Mr.
kerson's daughter. has resided ever since the death
or her husband ; shout a yearend a half after which
event, and about three years since, Mr. Faulder
began to pay his addresses to her. This witness
deposed to frequent promises i•f marriage; all the
family expected he was going to marry her. His
elan* were frequent at all times; but became less
frequent after Martinmas. In 'January last the De-
(violent married Eleanor Hodgson. The Plaintiff
bore o child to Defendant. which is now about
three months old. Witness had heard Defendant
gay that he would make Jane Lawson s lady of 500/,
a-year; believes that he is worth above3oo/. a-year.
This witness underwent a very close cross-eza.
urination from Mr. RAINR, which we must be ex-
cused from detailing very particularly ':—Has seen
him very often drunk, to be sure; seen him both
drunk and sober at Gilkerson's house ; sometimes
staid all night—does not know what doing; has
seen him there at night, and seen him there in the
morning; does not know where he ►lept, perhaps
by the tire. This witness positively denied being a
witness to • most grossly indecent scene, which it
appeared the Learned Gentleman was instnrcted
would be proved in evidence. Mrs. Lawson's
pregnancy was discovered about Martinmas, and
Mr. Faulder still continued his promises of mar.
nage.
John Gilkerson. brothe► of Plaintiff, has known
the Defendant two years, since witness went to farm
at Beaumont ; observed Mr. Faulder to pay very
much attention to Plaintiff ; he always looked in,
like any other neighbour, and grew freer, and went
iu on Jane Lawson's account, when he had no other
business ; has come to witness's house, and has sent
sometimes witness, and sometimes his wife, for her.
One time, after his mother knew that her daughter
was with child. she was scolding her ; the Defendant
said she might make herself easy, he would many
her next week. Witness said lie thought it was ppas•.
par, it was delayed long enough. Defendant gave
witness his hand, and said witness should be at the
wedding. Defendant was not drunk; each had
had a glass, and nothing more. Witness deposed to
different promises of marriage. Defendant, id cons
venation with witness and witness's mother, said he
had cleared off the encumbrances on his estate, and
would marry Jane Lawson, although his mother
was dissatisfied ; for if she and his wife did not
snit. he would make his mother comfortable in an-
other house. which he would fit up for her. Cons
tinned his visits a few weeks after the Plaintiff was
known to be with child.

(Both this and the other witness spoke to three
facts; the constancy of Plaintiff, her sobriety, and
her not inveigling the Defendant into drunkenness.
But as the first of these au. not attempted to be
negatived, and as the attempt to negative the latter
two failed, we shall make the matter shorter by
taking no further notice of this part of the evi.
deuce.)
Tliis witness underwent a close cross.examination
by Mr. Serjeant Hut.t.ocs, but nothing material
t ra ospi red.
William Gilkerson is 23 years of age, is the
Plaintiff's brother, and lives in his fuller's house.
His sister is 33 years old. The fanners's evidence
went to Am the Defendant's attention to the Plain-
tiff, and frequent p►omi.es of ma►riage, u before
given in evidence. Nothing came out in cross-
examination.

The Rev. Richard Burn, Rector of Beaumont,
proved the marriage of the Defendant on the 11th
January last.
Joseph Bell and John Corry were called to prove
the annual value of the Defendant's land, of which
they did not appear to have any accurate know-
ledge.
Mr. RAIXE addressed the Jury with his usual
tobiKty, and laid down a very strong case.
Jane Cartier, the wife of Edward Cartier, who
keeps a public-house at Beaumont, stated the De-
&talent's age to be about 30. This witness was
called to prove the scene to which we before alluded,
at the house of the Plaintiff's father—Defendant

being present re well as the Plaintiff, and all the
inmates of the family. With some difficulty wit-
ness was made to speak so as to throw her voice
beyond the pretiocis of the present enormous
bonnet. and when she b came audible, did nut
communicate what was expected from her. Mr.
Heine put a leading question, which Mr. Scarlet
promptly objecttd to. Witness was then examined
to a tranorc:ion which was stated to have occurred
between the two parties. at her house, 'Otte nine
o'clock in a night of October last. It is sufficient
to saw, that the ►tore, as related by this witness,
wade for the Plaintiff; and was calculated to excite
pity fur her humiliated situation; aud, as related
by her husband. it involved the Defendant in as
mush infamy as the Plaintiff. Part of Mrs. Cast-
ors's evidence was as follows:—" Mr. Faultier said
to her husband, he would let him ate what situation
she (the Plaintiff) was iu ; mud he caused her to
stand up. and 'hew that she was with child. He
then said that he never intruded to leave her until
be had gotten he► into that situation. She (!he
Plaintiff) said, yer sea another as river was'."
We wow return to the evidence of Edward Cartssyr :