CARLISLE, FRIDAY, AUG. 31.
FALSE IMPRISONMENT. - CROSBY V. FORSTER, ESQ. [continued]
I was in Carlisle on the first day of the election, the 24th of May. I read the
riot act about ten minutes before five. It is the proclamation to disperse. The
soldiers were assembled there. I saw Mr. FORSTER afterwards. The people did not
disperse. Their demeanour was very riotous. I was standing near the military. I
found a man with both his hands taking hold of my coat, seizing hold of my coat
above my loins, and pulling me by both hands. I turned my head over my left
shoulder, and saw the person who had hold of me. He was instantly arrested by
somebody behind me, by whom I can't tell. He was immediately taken by the
military. There were many hundreds. There was not a great crowd near me. Mr.
FORSTER was near enough to see, but I can't say whether he saw what took place.
In the Castle I asked his name, and he told me it was William CROSBY. Mr.
FORSTER went to the Castle also. I walked with Major HEWITT, who commanded the
22d regiment, and commanded at the Castle at the time. In the Castle the warrant
was made out. I had been present when Dr. LAWRIE read the proclamation before 2.
The parade (the market place) was full of people. The proclamation was read in
several parts of the place. The thunderstorm came on soon after. This
information I laid before Mr. FORSTER on the 27th. It was intended that the
affidavit should be made on the 26th, and I communicated to Mr. SAUL, the
defendant's solicitor, what I had to say. I was called to attend the children of
the Rev. Mr. GRAHAM. I did not return till late on the 26th. On the morning of
the 27th I saw Mr. FORSTER and Mr. SAUL, his solicitor, when this deposition was
presented to me by Mr. SAUL. I read it over, and told Mr. SAUL that he had
mistaken my information, for that I did not know of CROSBY having been there
more than a few minutes after the last proclamation. Upon which "one hour and
upwards" were struck out. I put my name to it, and swore it before Mr. FORSTER.
I preferred no indictment.
Mr. BROUGHAM objected to inquiry into motives.
Mr. SCARLETT contended it was evidence to show the reason why this cause was
Mr. Justice HOLROYD thought it not evidence.
Witness. - I did not know who CROSBY was till after his liberation. I intended
to prefer an indictment, till we found that there was no evidence of his having
been present when the riot act was first read.
The information was read.
By Mr. BROUGHAM. - I read the proclamation as loud as I speak now. I am hoarse
with speaking so loud to make the Jury hear.
Mr. BROUGHAM. - Which they did not.
Thomas YOUNG. - At the last election I was a pensioner doing permanent duty at
the Castle. I was at the Moothall steps. I know CROSBY. He is a kind of
carpenter, or hedge carpenter. He came out from the crowd in a contemptuous sort
of way, and took hold of Dr. HEYSHAM, either by the coat or the breeches
waistband. He was pulling him back towards the crowd. There was a great number
of people. They had conducted themselves very irregularly, shouting, and the
like of that. An officer came up, and took hold of CROSBY, and CROSBY took hold
of the sword in his hand. I don't know whether he had hold of the sword or the
hand. A number of the people to the right made the expression "Now for the
castle." I did not see Mr. FORSTER. When they were going up the Castle-lane I
saw more than two or three stones thrown.
Cross-examined. - I am in the police at present but for two months. The
gentlemen thought proper to reduce me. I am replaced again by the magistrates.
There are several magistrates.
Name them? (Several were mentioned.)
We'll get it at last. Is Mr. FORSTER one? - Sometimes. I was 25 yards off. There
was a crowd. There were two or three companies of soldiers. I am a police
officer, not a hedge one.
John BAINES. - I am a constable. I was on the stairs. I saw CROSBY betwixt the
crowd and the soldiers. He was making a very great noise apparently. I could not
distinguish any words. I saw CROSBY take hold of Dr. HEYSHAM by the coat or the
small clothes. The crowd were a little behind CROSBY. CROSBY pulled Dr. HEYSHAM
back towards the crowd. They seemed to be in a very ill-humour, giving loud
shouts and huzzas. An officer interfered. CROSBY got hold of his hand or the
sword, as if to take it from him.
William PEACE. - I was present when Dr. HEYSHAM read the riot act. I know
CROSBY. He is a joiner. The first thing I saw was squaring his hands and cursing
and swearing at a great rate. The mob was all round him and the soldiers. I
heard him damning at the soldiers, and tell them to fire, to charge. The next
thing I saw was CROSBY taking hold of the officer's sword or cane. Dr. HEYSHAM
was close by. He seemed to wrestle the sword out of his hand. There was a huzza
for the Castle, and I went there, for I was an artillery-man.
Cross-examined. - There was a great deal of noise. The crowd was pushing on
towards the soldiers. I am a pensioner. I am also a police-officer. I have been
7 months in the police.