John Cartmell , Black Lion Inn was summonsed for perimitting drunkenness on the 24th feb, Gordon Falcon appeared for the defence
Supt Graham asked that the witnesses should leave the court and the application was granted. In his opening Mr Graham said the charge arose out of the death of Thomas WiIkinson who It would be proved was served with three glasses of Whiskey at the house of the the defendant on Sunday, the 24th ult and had to be linked some distance on the road . It was a very serious case , and if their worships were satisfied the man was made drunk in the Black Lion , he felt it was his duty to ask for a heavy penalty for the safety of the public and the protection of life .
He proposed first to call witnesses to prove the quantity of drink the deceased man got before going to the defendants house .
Sarah Cowperthwaite , servant at the Pheasant Inn , Crosthwaite , deposed that Thomas Wilkinson called at the house about 6.30 p.m on the 24th Feb and was served with one glass of ale .
Sarah Jane Harrison , Joiners Arms between 6 and 7 p.m , also supplied Wilkinson with a glass of ale .
John Rigg , Pack Horse Inn , between 7 and 8 p.m , supplied Wilkinson with two penny-worth of scotch whiskey - in reply to Mr Falcon , He said the man was perfectly sober .
Fanny Wilson , servant at the Golden Lion served Wilkinson , between 7.30 and 7.40 p.m
with two-pennyworth of whiskey .
Mary Ann Niven , servant and Mrs R Tyson , landlady , each served Wilkinson with two-pennyworth of whiskey - Mrs Tyson in reply to Mr Falcon, said the man was perfectly sober when he came in , and as nearly as she could say it was about 8-45 when he left and there were no signs of drunkenness about him .
Mrs Margaret Cartmel , deposed that Wilkinson came into their house about 9-30 she supplied him with two-pennyworth of whiskey , and he had two small whiskey`s after that , he left the House at 10 o`clock ; He was not drunk , witnesses husband supplied the second two-pennyworth , and her daughter the third .
Stamper ,Coates and Harrison went out with him , they were from underskiddaw direction , and she said to them " heres Tommy going your way , you might take him with you for company "
Wilkinson was then standing in the bar parlour , lighting his pipe , she did not know she had any reason other than being friendly one in asking the young men to take them .
Stamper took hold of him by the arm , and she said " see you take care of him " Stamper was perfectly sober and so were the other two . The night was dark and Wilkinson was not a sure footed man , he was also short sighted , that was why she asked the young men.
Supt Graham , Not that he was drunk ?
witness Nor incapable , she was in the room when Wilkinson went out , and she could not see whether he walked out , the young men had nothing to but tee-total stuff ; but Tommy had had a drink .
Supt Graham thought he had had a good lot
Mr Falcon ; You would be dissapointed Mr Graham if you wanted whiskey and got two-pennyworths ! ( laughter )
Witness said her husband was out of the house when Wilkinson was leaving , she was certain he was perfectly sober when he came into the house , she could not say he was sober when he went out but he was not drunk .
Cross Examined ; they had kept the house for six years and had never had any complaint ,
her husband had worked for Mr Philipson - forty years altogether at the bobbin mill, she had not seen Wilkinson until he came to the house she could see no sign of drink about him .
They did not know anything was the matter with him till he got on his legs . she saw the drink was taking affect on him when he went away.
Nathan Coates ,apprentice joiner , Millbeck , deposed that he went into the Black Lion about ten minutes to ten on the night of the 24th ult , he saw Wilkinson as he was coming out Mrs Cartmell asked Stamper and him to see Wilkinson home , he did not know why Wilkinson was not drunk ; he had drink in him , but was able to walk by himself , the two of them linked him
down to the bridge , and he went on with them to Ormathwaite Rd end , they all stopped there and Wilkinson fell witness could see no cause for him falling exept it was due to the drink in him , He fell again at Ormathwaite , he was not drunk , witness left him at the top of Applethwaite , about 400 yards from his home , Wilkinson was found drowned the next morning , They would have taken him home if they had any doubt that he could not take care of himself .
Supt Graham , you had to link him out of the public house , and he fell down two or three times
how do you account for that ?
Witness , He was not that drunk he could not go home
The Magistrates Clerk said Mr Langton had asked why witness went round by Ormathwaite when Low Grove was his nearest way home
Witness , we went with Harrison , the nearest way for him
Joseph Harrison , gardener , Applethwaite , was called and said that after Wilkinson had been linked down the street as far as the school of arts he walked by himself , though witness was drunk he was cpable of taking care of himself , witness was surprised to see him tumble
Coates and he lifted him up on both occasions that he fell , witness thought he would have got up by himself but they had not given him time , he would be about 100 yards from home when they last saw him ,
Isaac Stamper , farm hand said Wilkinson was standing in the bar parlour and he went and linked him out as far as the bridge , Wilkinson was fresh of drink , but he got straightened up as they went along , witness`s opinion was that he was drunk but fit to take care of himself
He might have laid where he fell
James Gill , pupil teacher , deposed having met the men near the Ormathwaite Rd , He saw Wilkinson fall and in his opinion the man was drunk .
P.C. Dunglinson deposed that he saw a number of men leaving the Black Lion at about 10 p.m
on the 24th . one man appeared to be very drunk and was being assisted down the street by two others , in witness`s opinion the man was incapable and if he had not been in the charge of the two men he would have seen after him , He mentioned the matter to the Sergeant , he followed them as far as the school of arts
This was the case for the prosecution.
Mr Falcon then addressed the bench , He said he would not dispute a word the witnesses had said ; the question they had to consider was how far there was any culpability on the part of the defendant , however one may sympathise with the dead they were bound to be just to the living , and not judge the defendant by what had unfortunatly happened to the poor man.
All the witnesses had said there was no sighn of drink on the man when he went to the -
Black Lion and he ventured to say the defendant was a victim of circumstance .
On the law of the question , he said that the case was taken under section 13 , which was divided into two branches , and under the first it was necessery to prove that the defendant had knowledge of the persons condition .
John Cartmell , said he had been at the house for between 5 and 6 years and there had been no previous complaint against him , nor had he been cautioned , he had not seen anything of Wilkinson previous to him coming into the house on the 24th , there was no sign of drink on him , three two-pennyworths of whiskey were supplied to him but he only drank two , because one was knocked over . Witness last saw him at about five minutes to ten , witness would not have served him if he had any idea he was drunk .
Witness was in the room all the time except for five minutes before ten , he did not know how his wife knew there was anything wrong with Wilkinson , He could not say why Wilkinson was assisted out of the house , he could not say the man was sober , but he was not drunk .
William Kendall , Isaac Calling , two Charles Robinsons ( of Naddle ) and John Hodgson were called on the defendants behalf . All swore that Wilkinson did not appear to have anything wrong about him , that he talked sensibly and seemed quite capable of taking care of himself
The bench retired to consider their decision , and on returning to court , Mr Langton said they found that Wilkinson was drunk in the Black Lion Inn on the day in question , that the landlord had knowledge of it , and had permitted such drunkenness .
The defendant would have to pay five pounds including costs , but the licence would not be endorsed .