Saturday 04 Sep 1819 (p. 1, col. 5-6 and p. 4, col. 1-6) CARLISLE ASSIZES, 1819. BEFORE MR. JUSTICE BAYLEY. [continued] DEBT. HALLIBURTON v. GLASSON.—An action for the recovery of £7 : 1 : 11, for shop goods, sold by Mrs. SMITH, late of Brampton, linen-draper, plaintiff's testatrix, to Margaret GIBSON, now Mrs. GLASSON, her husband, Robert GLASSON, being liable. The marriage was admitted. Mrs. Jane JAMES, niece of Mrs. SMITH, was shopwoman with her in 1815—she died 19th April, 1817. Margaret GIBSON came to the shop, had various goods, and afterwards called and paid part, leaving the remainder as the debt of her sister Nancy. There subsequently proved to be no such person. Mr. WILLIAMS for the defendant, said the money had been paid. The person who sold the goods died in 1817, and the action was brought two years afterwards. Why was all this hesitation and delay? If the demand were just, why not enforce payment before? The fact was, Mr. HALLIBURTON did not know whether the money was due or not. George GIBSON sworn. Is the brother of Margaret GLASSON. He accidentally met with her at Brampton Martinmas fair, Nov. 14, 1816; he then lived with John DAVIDSON, of Hall Park. His sister, not being a scholar, gave him some notes in the street to tell her what they were. She had a five pound note, a two-guinea note, and a one pound note. They went to Mrs. Smith's shop, and witness saw his sister give the notes to that lady, who was behind the counter with another woman, and there were some customers present. His sister said she was now come to pay off the balance of the account, and laid down the money. Mrs. SMITH observed, "You have got the better of me now." His sister replied, not much, she thought there would only be a penny. She then requested 2s. to buy a fairing, but Mrs. SMITH said she could not afford it now, but would, another time, make her a recompense. His sister remarked that she had paid three pounds the Monday before, and would have paid it all if her sister had come home. Mrs. SMITH said she had paid the three pounds, and that she was not very far out of the way in paying the balance now. Mrs. SMITH handed the notes to a woman behind the counter for her to look at them. Cross-examined.—The witness admitted that he had been to Mrs. HALLIBURTON and told her that she need not fear being paid what his sister owed, but he did not then know that this demand was the same as what he saw paid. Will swear that he never told Ann ARMSTRONG that he would this day bring forward persons to swear the money was paid. He once saw her in Brampton market, and she abused him very sure about some eggs. Ann ARMSTRONG will have lived servant with Mrs. HALLIBURTON 15 years next Martinmas. Saw the last witness come to Mrs. HALLIBURTON, and Mrs. H. said "Ann, come and here what he says." She then went behind the door where GIBSON could not see her. Mrs. HALLIBURTON said, "George, have you ever acquainted your sister with the bill?" He replied that he had not; but he was going over to Laversdale, and he wished to know what the amount was. The mistress then gave it to him, observing, "Rather than breed any disturbance between her (GIBSON's sister) and her cousin, she would take ten or 20s. at a time. Witness saw GIBSON about a fortnight after in the Market-house, and he asked if she wanted any thing of him to day? Some words arose, he abused her very surely, and said he would get a person to swear that the money was paid. Cross-examined.—She kept her temper very pinch'dly, but only said he was a bad man, and a main-sworn rascal if he would swear that. Mr. WILLIAMS addressed the jury at considerable length. He contended that there was not any doubt of the money having been paid, for no man could come into that box, as GIBSON had done, and tell a consistent story, from beginning to end, and fabricate it at the same time. As to what he had said to the servant girl, when under the lash of her pliant tongue, what did it mean? why simply this—that he would swear that the money was paid, and not that he would get other persons to swear. This interpretation was proved to be right by the reply of the woman, who understood him to mean this herself: "If you swear that, you are a main-sworn rascal"—you will swear falsely. Mr. Justice BAILEY summed up, and expressed himself as much perplexed with this case as any he had ever met with. GIBSON's story must be all false or all true: he had told the truth, or was guilty of the most wicked and corrupt perjury. This difficulty, his Lordship confessed, was increased by an examination of the account books which he had before him—for the face of them, there was a charge of three pounds odd, which the chief witness on the part of the plaintiff had stated to have been paid: this was most extraordinary. It was clear that Mr. HALLIBURTON himself knew nothing of the matter. The jury would have a difficult and delicate duty to discharge: to them belonged the task of discriminating between the witnesses. The jury laid their heads together some time, and not being able to agree, wished to retire. As they were going out of the box, his Lordship called them back, and observed "Gentlemen,—there is one thing which you should not lose sight of: Mrs. SMITH herself, the person who received the money, does not say it is not paid; she being dead, there can be no appeal to her. This fact is of some importance." The jury then retired, taking the account books with them, and in a short time returned with a verdict for the plaintiff, damages £7 : 1 : 11, the sum demanded, thus discrediting all that GIBSON had sworn to. [to be continued]