Oxford Chronicle & Reading Gazette
05 Jul 1845 [p.4, col.c] |
Oxfordshire Trinity Sessions.
TRIALS.- [Before W.H. Ashhurst, Esq.]
Arthur Cross, Thomas Carpenter, John Stanley, Robert Pratt, Charles Coombs, and William Pratley, (with Thomas Wilks, not in custody) were charged with having on the 25th of March last, expelled Elizabeth Cross from her dwelling house in the parish of Shipton-under-Wychwood, and with keeping her out of such dwelling house up to the present time.- Mr. Piggott appeared for the prosecution, and Mr. Keating defended the prisoners.
Mr. Pigott briefly stated the case to the Jury, and said that it was most painful to see a mother prosecuting her son for a misdemeanour; but he should be able to prove that it was rendered necessary by the conduct of that son. The learned Counsel proceeded to state that the house which was the bone of contention had been in the possession of the husband of the prosecutrix for many years; indeed, it belonged to his ancestors before him, that on the death of Mr. Cross the house came into the possession of his eldest son, Peter, who subsequently enlisted for a soldier, and went out to India where he died about two years since; previous to Peter's death, and whilst in India, he executed a deed, giving his mother possession of the house till his return to England, or in case of his death, that she should keep in possession till her decease; that deed he now produced, but he should not rely upon that, as supposing that the defendant Arthur Cross had a legal claim to the house, he had no right to maintain by force that claim, but ought to have proceeded in a legal way to vindicate his rights. About 18 months since the second son, Edward, died leaving the defendant Arthur Cross the eldest surviving son. In the month of June 1844, when Mrs. Cross was living in the house alone, Arthur came to her, and insisted on stopping in the house, which with his family, he had done ever since. Things went on like this for a long time, till the defendant told his mother he had possession of the house, and he intended to keep it, and that she might go where she liked. Upon this the mother thought it quite time to see whether or no she could keep in the house; she therefore went to her lawyer, who recommended the steps to be taken which will be proved in the evidence, viz. to turn out the son. He (Mr. Pigott) thought the case would be straightforward for the Jury, who could not have to consider whose house it was, but whether the prosecutrix was right in turning out the son.
Elizabeth Cross sworn - I live at Shipton-under-Wychwood; I had a son named Peter; he entered as a soldier and went to India; I occupied a cottage at Shipton; and have lived there for forty-five years; was in possession when my son Peter died; my son Edward was living with me then, but he is since dead; remember in the month of June 1844 my son Arthur coming to my house without my consent; he said he should live there and I might go where I liked; I requested him to go home to bed, but he said he would sleep there, and whilst I was talking to him some person threw his bed into the house he slept there that night and has done so ever since; things went on till March last, when his goods were put out of the house; I went to my lawyer, and he sent two men to assist me; my son Arthur was turned out by them; but he came again and broke the windows and got in again and there he has remained since; there were a great many people with him.
Cross-examined - The two men who were brought by Williams staid in the house about a month; and I went to another house to sleep; on the day that my son was put out my Mr. Lee the lawyer sent five more men to assist in ejecting him; the whole of his goods were put in the street; I dare say I shall have to sell the house to pay my lawyer's bill.
Robert Williams - Went with some other persons to Mrs. Cross's house on the 25th of March last; Arthur Cross was there at the time; I asked him to go out; he refused and said he would rather die than go out; there were seven other persons with me ;we moved him out of the house; there was considerable difficulty in turning him out; when he was out I fastened the door; there was no key to it; and I fastened it as well as I could; and put up the shutters; soon afterwards heard a noise, and on looking I saw the shutter and window frame broken out; Cross was trying to get in that way; the door was also forced open; and Cross, his wife, and Robert Pratt came in; Pratt threw up his cap and called out for persons to come to their assistance; William Pratley then came in with another person; he came towards me and put himself in an attitude to turn me out; I told him he had better not; shortly after he went out; and remained in the street until I left Shipton.
Charles Pratley - Was present when Cross was turned out of doors; saw Carpenter, Coombs, Pratley, Stanley, and Pratt in the house assisting Arthur Cross; and when he burst the door open they went in and helped him.
John Pincome - Assisted Williams in ejecting Arthur Cross; there was no more violence used than was necessary to turn him out.
The Jury immediately acquitted all the defendants.
The Chairman in summing up, said that as to the claim to the property, that was a question with which they (the Jury) had nothing to do; the only question was, whether the prosecutrix had a right to eject the defendant Arthur Cross from his possession of the house by main force. He (the Chairman) was of opinion that she had no right to do so, and if they coincided with him, they would return a verdict to that effect. |
William PRATLEY, Charles PRATLEY |