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David Pool - Article - 7th September 1872

David Pool, Inspector of Police, Annan, went to Carlisle on 1st June with Mr. Broatch. Returned along the road towards Gretna. Met prisoners driving nine cattle. Told them they were the very men he was looking for. Said it was for stealing a bullock. Paterson pointed to a heifer, and said "That is Mr. Broatch's beast. We brought it away in mistake. It was among the others when we lifted them from the field." Told him then he had to apprehend him on a charge of theft. He then stated that he had been told to lift six cattle at Innerfield. Examined the fences of the field afterwards. They were in such a state that cattle could not have escaped.

Declarations of prisoners were then read. Paterson stated that he got six cattle at Innerfield, and admitted stepping into Castlemains field and looking at the animals there, which he knew his brother had bode for. When the police challenged him, he pointed out the animal he thought might have wandered to Innerfield, and been given him by mistake. Denham's declaration was very similar.

There were no witnesses, for the defence. The Advocate-Depute left the case with the Court, and Mr. Rankine addressed the jury for the defence, after which his Lordship summed up, and the jury retired.

After an Absence of two or three minutes, the jury returned, and through the Chancellor (Mr. Carswell, Glencaple), gave a verdict of guilty against the prisoners, and recommending Denham to mercy.

His Lordship said they had both been convicted on clear evidence, and sentenced Denham (who had already been confined three months) to eight and Paterson to fifteen months imprisonment. 

 

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