{"id":2747,"date":"2024-12-08T13:28:14","date_gmt":"2024-12-08T13:28:14","guid":{"rendered":"https:\/\/crimesofthecenturies.com\/?p=2747"},"modified":"2025-07-15T15:21:10","modified_gmt":"2025-07-15T14:21:10","slug":"armstrong-perjury-case","status":"publish","type":"post","link":"https:\/\/crimesofthecenturies.com\/index.php\/2024\/12\/08\/armstrong-perjury-case\/","title":{"rendered":"The Armstrong perjury case"},"content":{"rendered":"\n

The Armstrong perjury case \u2013 or Robert Bendle Moore and the naughty client<\/p>\n\n\n\n

An extraordinary letter was read out in court in April 1858, written by a solicitor to a client.<\/p>\n\n\n\n

But then the Armstrong perjury case it related to was headlined at the time as just that: extraordinary.<\/p>\n\n\n\n

The Armstrong perjury case<\/h2>\n\n\n\n

In April 1858, William Henry Marshall, attorney’s clerk, appeared before Penrith magistrates. He was accused of perjury, by making and filing a affidavit that he saw solicitor Robert Bendle Moore serve Jane Armstrong with a writ.<\/p>\n\n\n\n

Jane Armstrong later filed an affidavit that she had not been served with a writ. If true, Marshall\u2019s sworn affidavit would be false, and therefore perjury.<\/p>\n\n\n\n

The people<\/h2>\n\n\n\n

In 1858, Robert Bendle Moore, aged 39\/40, was a solicitor living and practising in Carlisle. He had a wife and a stepdaughter. And an office staff including clerk called John Dixon and William Marshall.<\/p>\n\n\n\n

Jane Armstrong was a widow, who had been living in Hartlepool but was now in Penrith. Her son James was also in Penrith, his draper\u2019s business in Hartlepool having gone bankrupt in 1856.<\/p>\n\n\n\n

The background <\/h2>\n\n\n\n

Jane Armstrong, aged 47\/48 was a friend of the Moores (she\u2019d known them about five years, and Moore had occasionally acted for her in matters such as investments). <\/p>\n\n\n\n

In February 1857, she spent a night at Moores\u2019 house. Before taking the train, with her trunk, to Penrith.<\/p>\n\n\n\n

Before then, the defence said, she had gone to Moore\u2019s office for professional advice: the Union Bank of Berwick was claiming \u00a31,458 from her and she didn\u2019t have it.<\/p>\n\n\n\n

At the end, she was served with a writ for \u00a3163 (reduced later to \u00a3100) for the legal services.<\/p>\n\n\n\n

Moore and his clerks swore she had been in the office between about noon and 2pm \u2013 and had accepted the writ.<\/p>\n\n\n\n

Moore later said he\u2019d not have exectuted the writ after, but he heard in March that Jane and her son were intending to leave for Canada. And the man who served it at her house, William Marshall had told her lies, and been sacked for it.<\/p>\n\n\n\n

He wrote to Jane:<\/p>\n\n\n\n

\n

\u201cHe is a drunken, dissipated, infamous blackguard<\/em>.\u201d<\/p>\n<\/blockquote>\n\n\n\n

Jane Armstrong\u2019s denials<\/h2>\n\n\n\n

Jane was to swear she\u2019d gone straight from the Moores\u2019 house to the station, leaving the house about 1pm. And her brother-in-law John Graham, of Baldhow Farm, had met her at Penrith to take her back there. <\/p>\n\n\n\n

He thought he\u2019d picked her up between 1pm-2pm.*<\/p>\n\n\n\n

She was denying having employed Moore professionally and was refusing to pay the \u00a3100. (But the \u00a363 had been paid, by Jane\u2019s other son, Robert Armstrong).<\/p>\n\n\n\n

And Jane not only denied being the office and accepting the writ: she also accused the trio of lying. And landed William Marshall in court for perjury.<\/p>\n\n\n\n

*an independent witness said he\u2019d caught the 14:10 from Carlisle, and saw Mrs Armstrong at Penrith station at 14:50.<\/p>\n\n\n\n

Collateral damage<\/h2>\n\n\n\n

William Marshall found himself arrested and brought before Penrith magistrates. He was at least given bail.<\/p>\n\n\n\n

A warrant was issued for Moore as well, but he wasn\u2019t in the office, and it was later agreed to determine William Marshall\u2019s case first.<\/p>\n\n\n\n

There was also a warrant for the second clerk, John Dixon, but he had moved to Manchester.<\/p>\n\n\n\n

He was later to write to the Penrith Observer<\/em>, fully endorsing Marshall and Moore.<\/p>\n\n\n\n

It\u2019s not so much the details of the case, as Robert Bendle Moore\u2019s own statements to the court \u2013 and a letter \u2013 that make it worth revisiting today.<\/p>\n\n\n\n

\u201cI call myself to the stand\u2026\u201d<\/h2>\n\n\n\n

Robert Bendle Moore initially wanted to conduct Marshall\u2019s case in court, despite being part of it. Had this been allowed, he would have had to call himself as a witness \u2013 and examine himself.<\/p>\n\n\n\n

On being advised by the bench this would not be wise, he agreed. Before starting to say: \u201cA more iniquitous proceeding was never\u2026\u201d At which he was cut off by one of the magistrates. <\/p>\n\n\n\n

He then pointed it it was one oath (Jane Armstrong\u2019s) against three (his, Marshall\u2019s and Dixon\u2019s)\u201d \u201cA more monstrous procedings was never devised.\u201d<\/p>\n\n\n\n

Thomas Gibson Cant<\/a> took over as defence solicitor.<\/p>\n\n\n\n

\u201cA question of life and death\u201d<\/h2>\n\n\n\n

Robert Bendle Moore then said the issue \u2018ought to be probed to the bottom\u2019 because:<\/p>\n\n\n\n

\n

\u201cit is a question of life and death to myself.\u201d<\/em><\/p>\n<\/blockquote>\n\n\n\n

The office boy<\/h2>\n\n\n\n

Robert Dixon, who\u2019d just started working for Samuel Boustead, butcher, had been an errand boy at Mr Moore\u2019s and knew Jane Armstrong: <\/p>\n\n\n\n

\n

\u201cShe is a little woman. She is about as high as myself.\u201d<\/em><\/p>\n<\/blockquote>\n\n\n\n

His vague evidence was was deemed \u2018good for nothing\u2019 by one of the magistrates. But he was hit with a lot of questions by the clerk of the court, Edward Bleaymire. <\/p>\n\n\n\n

This led to Mr Cant objecting:<\/p>\n\n\n\n

\n

\u201cThe prosecution is conducted by an advocate out of Messrs\u2019 Bleaymires\u2019 office, and Mr Bleaymire is acting as if he were the prosecuting advocate.<\/em>\u201d<\/p>\n<\/blockquote>\n\n\n\n

At a related hearing in August, Edward was to say that he had tried, but had not been able to find anyone else to do the role that day.<\/p>\n\n\n\n

The letter<\/h2>\n\n\n\n

Dated February 25, 1857, it was sent to Baldhow Farm and starts with a perfectly professional paragraph about Jane Armstrong\u2019s goods at West Hartlepool.<\/p>\n\n\n\n

\n

“I hope that you are not fretting and annoying yourself with your son’s affairs or your own. Rest assured from me that all is going on satisfactorily for your and their interest.\u201d<\/em><\/p>\n<\/blockquote>\n\n\n\n

However, it continues:<\/p>\n\n\n\n

\n

\u201cIt will tend, much to their comfort, your not fidgetting yourself. I feel confident James is now a happier young man than ever he has been since his disastrous and fatal connection with Mrs. Smith.\u201d<\/em><\/p>\n<\/blockquote>\n\n\n\n

What this was, I don\u2019t know, but the letter does end:<\/p>\n\n\n\n

\n

\u201cI send Mrs. Graham a Carlisle paper, containing an account of the trial for murder at the assizes;  the prisoner was found guilty of manslaughter.\u201d<\/em><\/p>\n<\/blockquote>\n\n\n\n

The extraordinary bit<\/h2>\n\n\n\n

It\u2019s the middle of the letter that is bizarre.<\/p>\n\n\n\n

\n

\u201cSleep sound and make yourself easy, happy, and comfortable, as I am sure Mr, and Mrs. Graham and Miss Dixon do all in their power to make you comfortable, and quiet that uneasy, restless disposition of yours.<\/em><\/p>\n\n\n\n

“If you had been younger, I should have been disposed occasionally to give you a little whipping for being so fretful and naughty; but you see your age protects you from such castigations.\u201d<\/em><\/strong><\/p>\n<\/blockquote>\n\n\n\n

The counter case<\/h2>\n\n\n\n

The Armstrong perjury case was dismissed by Penrith magistrates: there was insufficient evidence to send it to crown court for trial.<\/p>\n\n\n\n

In August 1858, it was James Armstrong and Jane Armstrong who faced charges of perjury, brought by Robert Bendle Moore (now of Liverpool). <\/p>\n\n\n\n

But as Moore hadn\u2019t turned up at the court that day, the case was dismissed.<\/p>\n\n\n\n

And after\u2026<\/h2>\n\n\n\n

By 1861, James Armstrong was a law student. But that\u2019s perhaps another story!<\/p>\n\n\n\n

<\/p>\n","protected":false},"excerpt":{"rendered":"

The Armstrong perjury case \u2013 or Robert Bendle Moore and the naughty client An extraordinary letter was read out in court in April 1858, written by a solicitor to a client. But then the Armstrong perjury case it related to was headlined at the time as just that: extraordinary. The Armstrong perjury case In April […]<\/p>\n","protected":false},"author":2,"featured_media":2748,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[208],"tags":[],"class_list":["post-2747","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-courts"],"yoast_head":"\nThe Armstrong perjury case - Cumbrian Characters<\/title>\n<meta name=\"description\" content=\"The Armstrong perjury case is an extraordinary tale of a widow and a solicitor who accused her of being \u2018fretful and naughty\u2019.\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/crimesofthecenturies.com\/index.php\/2024\/12\/08\/armstrong-perjury-case\/\" \/>\n<meta property=\"og:locale\" content=\"en_GB\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"The Armstrong perjury case - 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