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THE CARLISLE PATRIOT
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Carlisle, Friday November 1, 1844

WILL OF DR. DALTON, F.R.S.  -  The will of DR. JOHN DALTON, late of
Manchester, has been proved in Dector's Commons by WILLIAM NIELD, Esq.,
PETER CLARE, Esq., and the REV. W. JOHNS, the executors, each of whom have a
legacy of nineteen guineas.  The deceased gives the handsome sum of £2000 to
his executors "to found a professorship of chemistry at Oxford."  To the
Society of Friends at Wigton, Cumberland, £300.  To the school of the
Society of Friends at Ackworth, York (attended by deceased for 20 years),
£500.  To DR. HENRY, late of Manchester, but now of Hertford, all his
manuscripts, &c.  His gold and silver medals presented to him "by the Royal
Societies of London" he bequeaths to the Manchester Philosophical
Institution, of which he was late president.  To his housekeeper he gives
£200, and the remainder of his property to various relations.  The personal
property is sworn under £4000.

FREE MASONRY. - A Provincial Grand Lodge for this Province was held at
Penrith on Wednesday last, before the Deputy Provincial Grand Master DYKES,
at which a number of  "the brethren of the mystic tie" attended.

PENRITH. - On Saturday last a public meeting was held at Penrith, in the
National School Room, to consider the propriety of again lighting the
streets with gas.  It was announced that the Gas company were prepared to
light the town for a rate of 4d in the pound;  and after several speeches,
it was proposed that this offer should be accepted;  but we regret to say,
that the motion was defeated on being put to the vote.  The consequence is,
that with all the increase of its traffic, consequent upon the construction
and progress of the Railway, the town is condemned to darkness for at least
another year, - and this in the face of the burglaries and other outrages,
for the constant occurrence of which Penrith is somewhat notorious.

THE PENRITH BUCK HUNT. - On Thursday the 24th October, the buck hunt, in
connection with the Inglewood Hunt Races, took place;  and never on any
previous occasion were the spectators so numerous.  The field also was very
numerous, and included many of the most distinguished riders in the
district.  The buck, which was provided by T. SALKELD, Esq., of Holme Hill,
the Master of the Cumberland stag hounds, was uncarted at Plumpton Head,
about two o'clock in the afternoon, and after a start of two miles, the
staunch Penrith Harriers were laid on, when a splendid run of ten or twelve
miles ensued.  The animal was at last taken in a byer at the place called
Thomas Close, on Broadfield;  and "lives to run another day."

CUMBERLAND INFIRMARY - Oct. 30, 1844 : --

In-Patients
Admitted            7
Accidents            2
Discharged         3
In the House....25

Out-Patients
Admitted           14
Accidents             1
Discharged          6
On the Books.,,106

Physician, DR. BARNES - Surgeon, MR. PAGE.
House Visitors for the Week:  WM. NANSON, Esq., and the
                                               REV. B. WARD.

CARLISLE DISPENSARY - Oct. 30, 1844: --
Home Patients admited by letter this week                    15
Total since Jan. 1,  794
Out-Patients
15
Total since Jan. 1, 1171
Slight cases, &c., admitted without recommendation        12
Total since Jan. 1, 36
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The EARL OF LONSDALE arrived at Lowther Castle on Friday evening last from
London.


On Wednesday week a fine greyhound fox was started from his hiding place on
the mountain Dodd, near Keswick, and after a gallant run of about one hour,
by the hounds belonging to MR. CROZIER, of Riddings, the wily animal fell a
prey to his pursuers in Skiddaw Forest, where he had in vain sought shelter
from his implacable enemies.

FLY-FISHING EXTRAORDINARY. - We have often had occasion to record the
unprecedented piscatorial exploits of that modern IZAAK WALTER, MR.
EGGLESTON, of Askham, but the feat we are about to relate fairly "bangs them
a' ".  A few days ago, as MR. EGGLESTON was pursuing his favourite amusement
of fly-fishing in the river Lowther, at Crookwath, near Whale, he had the
good fortune to hook two trouts at a time.

'Whiz, whiz' went the reel, and off went the line to a considerable
distance, and success for some time seemed doubtful.  MR. EGGLESTON,
however, nothing unmanned, after some quarter of an hour's manoeuvering, in
first-rate style, succeeded in depositing both of these splended trouts
safely in his net, and bringing them to 'terra firma'.  One weight two and a
half pounds, the other seventeen ounces.

MAGISTRATE'S OFFICE, COURTS, CARLISLE. ---  Saturday October 26th ---
Present:  MAJOR WILDE;   MAJOR MACLEAN;   W. HODGSON, Esq.;   W. N. HODGSON,
Esq.;   and the REV. W. REES.

ANDREW ARMSTRONG appeared to answer the complaint of MR. MUSGROVE, the
Supervisor of Excise, for illegally removing a quantity of British spirits
at Longtown, on the 28th July last.  He pleaded Not Guilty, but the excise
officers proved finding about half a gallon whiskey in his cart, when
returning from Langholm fair.  The defendant said he was not aware the
whiskey was in his cart;  it had been packed by his servant.  The whiskey,
however, was his property, and packed for his use;   and the bench convicted
him in the mitigated penalty of £25, expressing an opinion that the case was
a proper one for a petition.

JAMES VAREY, and BETTY LITTLE, were charged with assaulting JANE, the wife
of WILLIAM TWEDDLE, of Broadfield.  It appeared that the husband of the
defendant LITTLE, had left some goods at the complainant's house, and the
woman LITTLE went with her father, forcibly entered the house, and took
possession of the goods.  The complainant, who had a claim against the
defendant's husband, endeavoured to prevent her, when the assault took
place, in which the defendant VAREY, assisted.  The magistrates ordered the
defendants to pay the costs.

MR. WILFRED KIRKUP, appeared to answer a charge of assault preferred against
him by MR. JAMES BELL, on the 18th October.  It appeared that the occurrence
took place at the late wrestling.  When a wrestle took place between JACKSON
and LONGMIRE, and some dispute arose between BELL and another party as to
the fall, J. BELL went to the umpires in the ring to ask respecting it.  In
the mean time the men were taking hold again, and BELL lay or crouched down
within the outer ring but close to, or under the rope of the inner ring
until the wrestle was over.

By the direction of KIRKUP, one of the committee, HETHERINGTON the
policeman, proceeded to put BELL out of the ring, accompanied by KIRKUP, and
then the assault was alleged to have taken place.

For the defence it was stated that BELL struck the first blow.  MR. HALTON
appeared for the complainant, and MR. HOUGH for the defendant.  MR. DOVER
proved that KIRKUP struck the complainant, but could not say who struck
first.  HETHERINGTON, the constable, who was employed to keep order the the
ring on the 18th Oct., proved that KIRKUP struck BELL first, and that the
latter at once consented to go out when he was spoken to.

RICHARD BEWLEY confirmed the evidence of the policeman in most particulars,
but was not quite certain as to who struck the first blow.  JOHN NIXON gave
similar evidence, but said that BELL did not strike KIRKUP, to his
knowledge.

MR. HOUGH for the defence contended that the principal part of the evidence
did not relate to the commencement of the assault at all;  the complainant
had entered the ring contrary to the rules, and MR. KIRKUP directed
HETHERINGTON to remove him.  He demurred at this, and KIRKUP went to assist
HETHERINGTON, who took hold of BELL by the collar, when BELL struck KIRKUP
on the breast, over the shoulder of HETHERINGTON, and then KIRKUP returned
the blow.  He called JONATHAN CARLYLE, who corroborated this statement.  He
added that HETHERINGTON was quite sober, but BELL was not.  MR. DOVER was
here re-called, and said that BELL was quite sober.  LOWTHER CARLYLE gave
similar testimony in all respects.

ANN CARLYLE also said that she saw BELL strike KIRKUP, but she saw nothing
more;   she said she did not see HETHERINGTON the policeman there at all.
THOMAS WRIGHT proved seeing KIRKUP speak to BELL, but saw nothing else.  ---
PHILLIPS, another witness, gave evidence in corroboration of what had been
stated by the CARLYLES.  He was positive that BELL struck the first blow.
This witness also said that HETHERINGTON was sober.

JOHN JOHNSTONE proved seeing BELL strike at KIRKUP first, but could not see
if the blow went home or not.  GEORGE THOMPSON was also called, but could
not swear who struck the first blow.  He saw BELL's hand up, but did not
know whether he struck or not  -  KIRKUP struck BELL several times, and
knocked him down, and struck him when he got up again.  He heard BELL
challenge KIRKUP afterwards.  HETHERINGTON was here re-called, and he said
he stood between BELL and KIRKUP at the time of the assault, and if BELL had
struck KIRKUP over his shoulder he was tied to see it.

JANE WRIGHT also said that she saw BELL strike KIRKUP over HETHERINGTON's
shoulder.

The Bench then retired to consider the evidence, and eventually ordered MR.
KIRKUP to be bound over to keep the peace for six months, each party to pay
his own costs.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

HUGH JOHNSTONE, appeared to answer a charge of assault preferred against him
by WILLIAM IRVING.  It appeared that the complainant was a shepherd of MR.
FERGUSON's, and had directions as to the placing of tents, &c., on the race
course.  IRVING was present, and interferred so as to dissatisfy the
defendant, who endeavoured to put IRVING off the ground, when the assault
took place.  Allowed to settle.

The Bench was then occupied with affiliation cases.

DISTRICT COURT OF BANKRUPTCY.  --  The affairs of the estate of EDWARD
JOHNSTON, ANTHONY ADAMSON, and JOHN HOPE, late of Whitehaven, bankers, and
of EDWARD JOHNSTON and THOMAS MANLEY, late of the same place,
sugar-merchants and refiners, came before the District Court of Bankruptcy,
in Newcastle, last week, preparatory to the final division of the assets
realised under the commissions, when the court expressed itself highly
gratified at the manner in which the proceedings have been conducted from
their commencement, the zeal, ability, and industry, displayed by the
gentlemen to whom the management of the affairs has been committed, and the
very large dividend [already nearly 18s. in the pound], they have realised
for the creditors, especially of the banking firm.

On the audit of the accounts of the joint and separate estates, held on
Tuesday week, Mr. Commissioner ELLISON took occasion to express to MR.
WILSON PERRY, of Whitehaven, the highly respected solicitor by whom the
proceedings have been professionally conducted, and to MR. GEORGE HARRISON,
of the same place, banker, the sole surviving assignee, his honour's marked
approbation of their conduct, and alluded, in terms that must have been very
gratifying to the feelings of those gentlemen, to the admirable manner in
which they had discharged their duty to the creditors, and conducted the
extensive and complicated affairs of these estates.

The commission against the bankers, issued so far back as the 24th December,
1825, being three days before the issuing of a like commission of bankruptcy
against MR. EDWARD JOHNSTON above-named, MR. EDWARD JOHNSTON the younger,
and MR. THOMAS MANLEY, who carried on in partnership also at Whitehaven, as
already mentioned, the business of sugar-merchants, and refiners, and whose
failure, in fact, caused the suspension of payment by the banking firm.

The last named commission was afterwards superseded as against MR. JOHNSTON,
the elder.  The bank was originally established at Whitehaven, in the year
1806, MR. JOHNSTON being an original partner.  The bankrupts passed their
examination on the 11th Feb., 1826, and shortly afterwards obtained their
certificates.

In the August next following, the assignees of the banking firm, MR.
HARRISON, already mentioned, MR. THOMAS MILWARD, of Parton, Cumberland,
merchant, and MR. BRAITHWAITE, of Maryport, the two latter of whom did not
act after the first audit, had realized of the joint estate, £13,053  12s.
2d;   of MR. EDWARD JOHNSTON's estate, £19,736 2s. 3d.;   and of the
separate estates of MR. ADAMSON, £5,054 10s 7d.;  and, after paying their
separate creditors, who had then proved in full, a surplus of £16,981 6s.
7d. of MR. JOHNSTON's estate,   £4,391 3s. of MR. ADAMSON's estate, and £108
5s. of MR. HOPE's estate, were transferred, pursuant to the statute, to the
joint estate of the three partners;  and the debts proved amounting to
£71,263 5s. 6d., the sum of  £47,508 17s. was, in the same month, divided at
the rate of 13s 4d. in the pound.

In June, 1827, MR. HARRISON had realized a further sum of £19,796 14s 7d.,
and the debts then proved, amounting to £73,521 14s 6d.;  The sum of £18,354
7s 2d. was then divided, making a further dividend of 4s. 7d. in the pound.