The Murder of Thomas Davidson

CRIME

The Murder of Thomas Davidson

Poaching was a way of life in the Longtown district: although the Netherby Estate employed gamewatchers and river watchers, some men made a living by poaching. The Hogg family, originally from Canonbie, were one family who appeared regularly in the crime reports, accused, and usually found guilty of poaching. Thomas Davidson, a former poacher himself, was employed as gamewatcher by the Netherby Estate: in November 1849, he was found murdered on a moor in a remote part of Bewcastle. Two of the notorious Hogg family were arrested for the murder, along with another man, Andrew Turnbull. . .

The Hogg family had a long history of poaching, and regularly appeared in court, accused of poaching. They also had a previous violent encounter with Thomas Davidson.July 5th 1834 Carlisle PatriotCumberland Midsummer SessionsWilliam Hogg was indicted for an assault upon Thomas DavidsonMr W Ramshay said the prosecutor in this case was a gamekeeper on Sir J Graham's moors in Bewcastle, and the defendant was one of a description of persons very well known in this county, commonly called poachers. The defendant having been committed shortly before this transaction, of poaching on Sir John Swinburne's manors in Northumberland, he had perhaps had some spite against the prosecutor whom having met with his dog and gun one morning in September last, he committed upon him the assault in question alleging that the prosecutor had aided in his conviction. He believed gamekeepers were not a very popular class of men, but in this case there was nothing, he was sure, that ought to prejudice the minds of the jury against the defendant.Thomas Davidson, the prosecutor, detailed the circumstances of the assault. When he met the defendant, the latter called out ?Halloa? and then added, ?Is that you, you damned thief.? Witness replied that it was, but said he thought he could not make him out to be a thief; defendant said he was as he had told Sir John Swinburne?s keepers, who had had a warrant against him for poaching, where he lived.Defendant said he would give him a damned good hiding, and took off his shot belt, and set on him, striking him about the arms. Witness retreated back against the hedge, when the defendant seized his neck-handkerchief and tore it off. Upon witness getting loose, defendant hit him over the eye, and knocked him down, and when down defendant got on him with his feet, saying he meant to murder him. Witness made a spring up and escaped over the hedge and hid himself ? the defendant set after him, threatening he would murder him if he got him, but it being dark he could not find him. Witness had been ill a long time after in consequence of the injuries he had received (His face still bore marks of the wounds he had received). He had never given any information to Sir John Swinburne?s keepers about the defendant.Cross examined by Mr Fawcett:Was quite sober at the time ? did not know that Hogg was. It was a pretty clear night and he could see the man distinctly. Hogg said he wanted to murder him, but he laid his gun down. Witness never struck Hogg at all ? only guarded off blows. Gamekeepers were generally bold fellows, and would strike again sometimes.Re-examined ? Did not know if Hogg had any other weapon there than a gun; but sometimes carried a dirk or a gully.John Armstrong (gamekeeper to Sir James Graham)Remembered seeing Davidson on the 15th September last ? the morning in question; he was quite sober then; saw him after the assault ? he was then lying in bed, very bad, spitting blood. Saw him two or three days after, and he was still very bad, and was getting worse. Had gone to John Dodgson to get him to bleed Davidson. Had to get a man in Davidson?s place for a fortnight after, and then he was not better.W Foster, surgeon, had been called to attend Davidson on the day in question, who was much lacerated in the chin, and spitting blood, attended him for some days.Had requested another keeper to go for Mr Dodgson to bleed Davidson, as he could not go and bleed him himself. Davidson had evidently received some heavy blows.Cross-examined ? The bruises might have been got by falling against a stone wall. Davidson seemed like a man who had got the worst of it in a fair stand up fight.Davidson recalled ? Did not fall against a wall ? it was a hedge, in which there were no stones, and he was knocked down against it.Cross-examined ? Did not know how long Hogg had been in gaol for this ? some months perhaps.Re-examined ? Hogg had been apprehended and escaped. He was retaken about two months since.John Dodgson Remembered seeing Davidson about the 20th September last. He was complaining much of his breast, and witness took some blood from him. Was not a medical man, but had been in the habit of taking blood for fifty years. Had examined Davidson?s breast ? it was slightly discoloured.Cross ? examinedDid not study the law sometimes. Had not been at the Sessions for some years. Had been examined by a committee of the House of Lords lately ? was not before the House. Had not given up the law ? never practised it. Had not taken up the practice of surgery ? could bleed, and would bleed him (Mr Fawcett) if he would bare his arm. (Laughter)Had taken 6 or 18 ounces from the man ? had taken as much and more from a horse. The man looked as if he had had the worst in a fight.Mr Fawcett addressed the jury for the defendant. There was no doubt, he contended, that strong prejudice had existed in the minds of both the parties; and it was highly probable that there had been a quarrel about this charge respecting Sir J Swinburne?s gamekeepers, and that the weaker man had gone to the wall. The defendant was precluded from giving any evidence, otherwise he would be about to tell a very different story, and he besought the jury to take that circumstance into consideration. The Chairman said he thought the Jury could return no other verdict than one of guilty.The jury immediately found the defendant guilty.To be imprisoned for four months and to enter under his own recognizance of £10 to keep the peace for 12 months longer.April 6th 1844 Carlisle PatriotW Hogg was brought up on a longstanding warrant for night poaching on the lands of Sir JRG Graham Bart at Kirkandrews on Esk, in February 1843- since when he had absconded.The defendant pleaded guilty, and it appeared from the evidence that he had pointed his gun at the keeper when detected.He was committed for three months, and ordered to pay bail for his good conduct at the expiration of that time.January 13th 1849 Carlisle PatriotSporting without a CertificateWalter Hogg was summoned before the magistrates at the Court House in this city on Saturday last for unlawfully shooting on the estate of Sir James Graham in the parish of Kirkandrews on Esk on Christmas Day. The defendant was seen by a watcher in the Bush Hill field, ranging for game. He fired his gun and on seeing the keeper he ran off, and the latter pursued him, and saw several grouse feathers sticking to his pocket. The bench find Hogg 20s and the costs, which were paid.November 2nd 1849 Carlisle JournalShooting without a license ? Joseph Hogg of Bewcastle was charged with shooting over the manor of Sir James Graham in Bewcastle without a license. The offence, which was committed on the 16th of October, was satisfactorily proved by Thomas Davidson, gamekeeper, and Hogg was fined 40s and costs ? in default, to be imprisoned two months. The money (£3 8s) was paid.