CARLISLE, FRIDAY, AUG. 31.
FALSE IMPRISONMENT. - CROSBY V. FORSTER, ESQ. [continued]
Mr. Wm. BROWN. - I have a notice in my hand: I served a copy on the defendant on
the 26th of September last.
It was read.
Charles HART. - I am a cotton-spinner in Carlisle. I recollect being in the
market-place at the last election, on the 24th of May, 1820. I went at half
after 9 in the morning, and was there the greatest part of the day. That is the
place where the poll is taken. I did not see the soldiers before near four
o'clock. I was in the Woolpack public-house, and was surprised to see them come,
and went out to ascertain the cause why they came. It was an election for the
city. They were forming into a hollow square when I got into the market-place. I
did not see CROSBY at that time. It might be a quarter of an hour afterwards
when I, being nearly close up to the soldiers, observed William CROSBY step
forward near the place where I stood, and spoke to Dr. HEYSHAM. What passed I
did not hear. CROSBY turned about, as if he was going to leave him, and by the
great pressure of the populace, being then much agitated, he made a motion with
his hands, as if to keep the people quiet. By the pressure of the populace he
was knocked against Dr. HEYSHAM; Dr. HEYSHAM immediately turned round and seized
him by the collar, and said, "Take him prisoner." This might be to the soldiers
who were behind him. James FORSTER, Esq. was there. He also laid hold of the
plaintiff about the collar. They dragged him backwards a little bit towards the
soldiers, and there delivered him up. In course of a short time, about ten
minutes, he was marched off by the soldiers towards the Castle. The plaintiff
was quiet. I think I should have seen it if there had been any intemperate
Cross-examined by Mr. SCARLETT. - CROSBY is a joiner, I believe. I did not know
him before, and had no acquaintance with him.
Joseph DENISON. - I was in the Town-hall, and went out of it about four o'clock.
The soldiers were then marching into the square. They formed there into a hollow
square. They had their arms. There was a crowd of people. I saw CROSBY. He was
speaking to the soldiers. About a minute or two after, I observed him again, and
he was talking to Dr. HEYSHAM, and telling him it was a shame and an unlawful
act to bring soldiers there then. I think Bill CROSBY was then going away from
Dr. HEYSHAM, and he was telling the crowd to keep quiet. Immediately after, the
pressure of the crowd came against him. Then it threw him against Dr. HEYSHAM,
who immediately seized him by the collar, and took him towards the soldiers.
James FORSTER came up at the same time. They took him to the soldiers, and spoke
to an officer. They gave him up to him.
Cross-examined. - I have known CROSBY some years. He works for any body, in a
Re-examined. - He has three or four children.
William HALL. - I was in the market-place between three and four o'clock. I saw
the soldiers come. Every thing was quiet at that time. CROSBY came up and spoke
to me. I heard the people crying out when the soldiers came, that they were
going to massacre them, as they had done at Manchester. CROSBY desired them to
keep themselves quiet, that it was not the fault of the soldiers, but of those
who sent them. He asked me if the riot act had been read; and if it was, by whom
and where. Just as he said that, a gentleman from behind touched him and spoke
to him something of Dr. HEYSHAM and the riot act. He said to me and those behind
to keep ourselves quiet, and he went up to speak to Dr. HEYSHAM. The crowd about
a minute and a half after rushed round them, and instantly after he was put in
into the ranks. I went up to him, and said "CROSBY, what have you been doing?"
(The answer to this question was refused by Mr. SCARLETT as not evidence.)
Cross-examined. - I believe CROSBY is not a freeman. I am not. I am a printer to
Mr. JOLLY, of the Carlisle Journal.
Richard JACKSON. - I am keeper of the gaol in this place. I recollect receiving
CROSBY under my custody on the 24th of May. This is the warrant on which I
received him. It is a warrant for further examination. He remained till the 24th
of July. I received another warrant on the 27th of May. He had not been out of
my custody between the 24th and 27th of May. He was not taken before any
magistrate for the purpose of further examination that I recollect.
A discussion arose here respecting the admissibility of the calendar, and the
manner in which the plaintiff's name was entered, as evidence.
Mr. SCARLETT contended it was no more evidence than Tom Jones was. It was
refused by his Lordship as not being the act of the defendant.
Witness. - I received an order for his liberation on the 24th of July. It was
signed by James FORSTER.
The warrant of the 24th of May for detaining CROSBY for further examination was
read; also the warrant of the 27th of May, directing to detain CROSBY, charged
with being with 12 others, or more, unlawfully, riotously, and tumultuously
assembled; and last, the warrant of liberation on the 24th of July was read; it
was signed by Mr. FORSTER, and directed "Set at liberty William CROSBY, if he is
not detained on any other charge."
Cross-examined. - I did liberate him on the 24th of July. The assizes began on
the 12th of August. Mr. STEELE, the under sheriff, invited him to come back to