Before T. S. SPEDDING, WM. OXLEY, and H. A. SPEDDING, Esqrs., and the REV. H. M. SHORT.
A QUESTION OF TIME.
SUSANNAH GRISEDALE, a married woman, wife of NORMAN GRIZEDALE, was charged with having perjured herself on the 16th of October last, when she was examined as a witness in a bastardy case, KIRKBY v. HORN on which the bench adjucated.
MR. MASON, of Whitehaven, prosecuted, and the defence was conducted by MR. CANT, of Penrith.
In giving evidence in the above case, the defendant said: -- "I saw HORN and KIRKBY standing in STAMPER's passage at Braithwiate, on the 27th of December, 1867, with his arms round her waist, and again on the 31st of December, at the same place, and standing in a similar position, about nine o'clock at night."
From the fact of HORN having on New Year's Eve, 1867, been at the merry night of Threlkeld, the prosecution sought to establish that the defendant had forsworn herself in stating that she had seen them together at Braithwaite at the time represented.
JOHN HORN said that on New Year's Eve, 1867, he left Braithwaite in company of JOSEPH STAMPER between five and six o'clock. They went to Portinscale where BARNES joined them, and proceeded to the Woolpack Inn, Keswick. On leaving they went to the railway station, and got into a carriage in which they met JOHN STAMPER proceeding to Threlkeld, where they remained all night.
Witness did not return to Braithwaite till the day succeeding New Year's Day. On the 31st of December was having his hair clipped in DAVIDSON's house about four o'clock, when JANE ANN KIRKBY came in. When he left the house she remained there.
Cross-examined by MR. CANT; Was at the Royal Oak, Braithtwaite, on the 16th of October last. Did not then say the child was his own, and that the evidence was correct. Did not say that he would not deny anything that had been stated about him that day, except that GRIZEDALE's wife was incorrect as to the time. Said that many falsehoods had been uttered about him, and that he was not the father of the child.
JOHN STAMPER and ANTHONY BARNES who gave corroborative evidence; and JOHN BIRKET, who furnished the music for the merry night, deposed that HORN was at ROBINSON"S "do" on that evening.
MR. CANT did not doubt that HORN had been at Threlkeld on the merry night in question; but he would ask whether MRS. GRIZEDALE, if she happened to be mistaken in the hour of time, ought, on that account to be sent to Carlisle to stand her trial for perjury ? The country clocks run about an hour before town, and in the fells about Penrith as much as an hour and a half.
About the shortest day, darkness came on at four o'clock, and his client, who was too poor a woman to have a watch, could know little about the time. The most that could be said was, that she was half an hour or three quarters of an hour, or perhaps an hour wrong. The prosecution was got up through spite and ill-will, and there was no foundation for it. He called JANE ANNE KIRKBY who said that on New Year's Eve 1867, she was talking to HORN at JOHN STAMPER's barn-door. He invited her to go to the Threlkeld "do", which she declined.
GEORGE KIRKBY deposed that on the 16th of October, he was in the Royal Oak at Braithwaite, where he saw HORN, who said he denied nothing advanced against him that day except the statement MRS. GRIZEDALE had made about the time
MR. T. S. SPEDDING said it was a serious thing to send to trial for perjury, and they could not possibly commit the defendant in this case. It did not appear that she had said anything intentionally untrue, although she might have been mistaken about the time.