The murder of Gamewatcher Thomas Davidson at Kershope Forest in 1849

Thomas Davidson Memorial Stone, erected in 1852 - Kershope Forest

Thomas Davidson was a game watcher for Sir James Graham, Bart., of Netherby Hall and had given him loyal service for over twenty years. He was the visible expression of 'poacher turned game-keeper', for in his younger days had been an acknowledged artist of that first discipline; which made him expert in the apprehension of poachers, instinctively knowing their ways and how to prevent their unlawful activities. He was married to Margaret and they had eight children up to 1849 and lived at Kettle Hall.

The remains of Kettle Hall (map ref. NY553810)

Further image of Kettle Hall remains

On the morning of Thursday 8th November he told Margaret that he was going to check the area of the moors and fells, around Christenbury Crags, in the remote Kershope and Bewcastle area; it was the outer reaches of Cumberland, bounded to the north be Scotland, and to the east by Northumbria. That evening he had not returned, which concerned Margaret, and when he had not arrived back by the Friday morning, she alerted the gamekeeper, Mr. Armstrong who lived at the shooting box at The Flatt. He organised search parties but nothing was found, so they set off again on Saturday morning. One of the party was Thomas's brother John and at 10am he came across Thomas's body, on the Kershope Farm, near Wysefield sheepfold, on the north-west side of the Black Lyne river and about two miles from his home. He was face down and although most of his clothing was undisturbed, his neckerchief was drawn tight into his neck. At the post-mortem, this and his facial injuries from fingernail scratches and bruising as if kneeled on, showed he had died from being strangled. Around the near area were at least three footwear marks of other people, although made indistinct by recent rain. The body was removed to the deceased's house.

News of the murder was communicated to Carlisle City Police and on Sunday morning, Superintendent Sabbage and two officers attended the murder scene. The inquest was held at The Flatt, on Monday 12th. 

Suspicion had fallen on three local men,  one a notorious poacher called Joseph Hogg, of Two-Darg, near Graham's Onset; he was 24 years old and unmarried. Another was a married man called Andrew Turnbull, also 24 years old, a husbandman of Shank End, in the baillie, which was half a mile from Hogg's house. Both men were present at the inquest after being summonsed, and warned they were suspected of the murder. Both were cautioned and warned they need not say anything. On oath Hogg said he was on his own all day Wednesday, seeing Turnbull once at a shop called Hardmanor (believed to be around NY511771) but not since, until going to his house on Sunday, but found him from home. He had stayed with his cousin John Nichol Hogg on Wednesday night at his father's house and both remained there all day Thursday, dressing fishing hooks with his mother and sister. He denied ever having seen the deceased since being at court on Saturday 27th October, when he was found guilty of shooting without a licence on Sir James's land, based on the evidence of the deceased. He was fined 40 shillings with costs and had paid it immediately, otherwise it would have defaulted to 2 months imprisonment.

Turnbull contradicted this by saying he was in the company of Hogg all day Wednesday, shooting woodcocks and they had been joined by Nichol Hogg. He said he remained at his own house on Wednesday evening and all day Thursday, and that Joseph Hogg had came to his house for an hour on Sunday, after the police had left.

Joseph Davidson was the deceased's son and had been at Joseph Hogg's one room house on Thursday evening and Hogg was not present, only his 14-year-old sister and his own daughter who was six. Ann Hogg, the sister, said Joseph only left the house for quarter of an hour on Thursday and had initially denied that Nichol Hogg was present but after being pressed, changed her evidence to say that he remained that night and they were joined by Turnbull. Nichol Hogg had left at 9am on Thursday and returned at 1pm. Mrs. Hogg had also gave evidence and when pressed, had also changed her account to say that all three had been present at her home on Wednesday night and Nichol Hogg had gone out on Thursday morning, returning in the afternoon, when she had then gone to Joseph Davidson's house for tea.

Nichol Hogg as found at an inn at Rickergate, Carlisle, on Monday night and summonsed to appear at the inquest on Tuesday morning; he was 35 years old, married, although separated from his wife. He said he and Joseph were at the Hogg residence on Wednesday night, and they went out together on Thursday morning, picking up Turnbull where they went to the Lyneside and Cumcrook wood. They shot two woodcocks and two snipes, taking them to Carlisle on Saturday.

All three were now taken into custody and held at the gaol to await the result of the inquest which was adjourned until Monday 26th. 

On that day the inquest reconvened with Sir James Graham, who was part of an anti-poaching association, being represented by a Mr Hewitson. Both Hoggs were not present but legally represented; Andrew Turnbull was in attendance, due to events that had happened while incarcerated at the city gaol. There was a need for him to be re-examined and before he was sworn he was warned he need not say anything that may criminate himself in the murder of Thomas Davidson; he was then sworn. He told the inquest court that both Hogg's had come for him at 7:30am on 8th to go poaching at Christenbury Crags area (NY577823) on what was a misty and wet morning. He initially declined and they said that Davidson dared not go out in the mist. Although reluctantly, he now went out with both men. Joe Hogg had said to him that if they came across 'old Tom', they would put an end to him and he expected him to help. He refused, saying he would not stain his hands with another man's blood, but if they did it, he would not say anything. They had been firing around the crags and made their way to Doe (now Dove) crags (NY561863) and made their way down Craigy (Craggy) Cleugh (NY536853), to Skelton Crags. They had two brace of grouse, a black cock and a wood cock, for which he accepted 4 shillings as his share. They then shot a further brace and came off Skelton Pike (NY542836). He told the court that they got down to Wyses Fauld at about 3.30pm when he looked back and said that 'Old Tom' was coming! meaning Davidson. They ran about 100 yards with Tom about 60 yards behind them. He ran on as Joe stopped and struck down Davidson, who protested saying it would be worse for them and surely they wouldn't kill him. Joe said he had cost him a great deal of money and it would be the last time. As he threw him down on his forehead he grabbed his coat neck and calling back Nichol, they both set about Davidson, but he, (Turnbull) could not say exactly how. When Davidson moved no more, Joe got up and cursed him for not helping but demanded that he told no-one. He could do nothing but say he wouldn't, for fear of being killed himself by them. They found his plaid (tartan twilled cloth worn over the shoulder) and prospect-glass at Coldwell Syke and placed cloth around him and the glass into an inside pocket. They took 3 sovereigns and 15 half-crowns from a purse, splitting it 3 equal ways, and left a £1 note and some silver. They left via Caldwell Syke, and came out at Routledge Burn where they parted. He never saw them again until the Sunday, Joe Hogg visited him while he and his wife were eating supper. Both discussed that they had been visited by the police and Joe said they were talking queer about them both, but the police had nothing on them. When Joe left he whispered outside to him to hide the clothing and footwear he had worn that day. He confirmed that on the Thursday evening they had discussed what each would say about their movements on that day. He went on to say that the only person he told of the murder was his wife, and asked her to get rid of his shoes after the Monday morning.

Jemima Turnbull next gave evidence and was reminded that she need not say anything that would incriminate her husband. (In modern criminal court speech, being his wife, she was regarded as a competent, but not compellable as a witness against him her oath of marriage standing higher than her oath to the court, and the two may conflict her). After stating that they had been married for about 18 months and had no children, she then largely confirmed the account of her husband, and having hidden his shoes in the byer, she later gave them to a constable.

A number of witnesses gave evidence then Elizabeth Hogg, the mother of Joseph was asked to swear the oath and kiss the holy book. Initially she refused but was warned and then did so. After a further warning of the consequences of not being truthful, with great reluctance she confirmed the Joseph was away from home on 8th, and was with Nichol. She confirmed they came back in late evening and had two woodcocks and a snipe with them. When pressed on other birds she again refused, constantly looking to her son's legal representative for support but was asked the same question on twenty occasions before the coroner was satisfied he had at least received a reply on oath. There were further points put to her on the handing of clothing to Constable Snowden and also Superintendent Sabbage. There was then a debate on the taking of the game birds to Carlisle, and who had taken them. Eventually, her account was read to her and she agreed with its accuracy. 

Next was Mr. John Steel, a reporter for the Carlisle Journal. He confirmed the conviction of Joseph Hogg for a poaching offence which occurred on 16th October. After paying the fine he had heard, and noted, that Hogg threatened harm on Davidson, who had witnessed and reported the poaching offence; the threat had been loud enough for the whole court to hear.
The other piece of important evidence was that of Joseph Davidson, the son of the deceased. He had been with Turnbull in the middle of June, heading to Newcastleton and met a John Hunter; they all went for a drink together. Davidson threatened that if he met Thomas Hunter, 'at a convenient place, he would be on him'. He warned Turnbull, and Hunter also said it was a sad thing to threaten a man's life, drunk or sober.

The inquest was adjourned and re-opened the next day, where evidence of footwear was given. Four sets of prints were found at one location and the marks seemed to match the shoes of the deceased Davidson, also Turnbull's and Nichol's, but not Hogg's. Evidence of the seized clothing was also given before the coroner then summed up the evidence. At the conclusion the inquest jury's verdict was that all three men had murdered the game watcher by strangulation with his own neckerchief.

That evening Mr. Orridge, the gaol governor, received committal warrants for each of the prisoners to stand trial for the murder at the next Assizes. The next morning he went to Turnbull's cell with Joseph Gallagher, the turnkey, and relayed the news as the prisoner read his bible. Turnbull again said that he had nothing to do with it. Gallagher gave him his supper at 5pm and both passed pleasantries before bidding each a good night; all appeared normal. Gallagher returned the next morning at 6:50am but the cell appeared empty. He shone a light into the corner, only to find Turnbull suspended from the window bars, strangulated by a towel, with his feet 6 inches clear of the floor. He had suffered a lingering death as it was clear from the boot marks on the wall that he had convulsed for a period of time once he had kicked away the stool he had stood on. He locked the door and went for the governor who immediately attended. On checking Turnbull's hand it was quite cold to the touch, so he had been dead a considerable time. He was cut down and laid on the bed, which had not been slept in. On checking the cell Mr. Orridge noticed writing on the walls, which had been done with the charcoaled end of a stick burnt in the fire.
Above the window was: 'The two Hogg' are guilty, I am innocent. I will not come in the hands of man'
Above the fire-place was: 'I commit my soul to God that gave it, take my body to my father's burying place.'
Above the bed was: 'My dear, you and I was lovely, but I am torn from thy breast. Don't weep for me.
Jemima, my dearest, my heart's delight and treasure, I am innocent; I die with pleasure. We meet again with pleasure. Beware of bad company. My parents are not to blame; they did their duty. Adieu, my dear friends.'
Mr. Orridge informed Superintendent Sabbage and the Justices, as he was obliged to. Also, rather than send a message to Turbull's family, being in such an outlandish place, the next day he sent a personal messenger to inform them. He wife arrived that same afternoon, unaware of the death of her husband and Mr. Orridge had to break the news. She was distraught and eventually was keen to fulfil his dying wish to be buried with his father, but the authorities, although desirous to see his request completed, stressed on Gemima that the cost would take all her funds. Eventually he was buried at Christchurch cemetery, Botchergate, with no family member or friend to mark his passing, only strangers.
The inquest was held on the morning of Friday 30th, at The Three Crowns Inn, on English Street, where the verdict was one of suicide, with no evidence as to the state of the balance of his mind at the time.

The trial of the two remaining men took place at the Spring Assizes on Saturday, 23rd February, 1850, before Mr. Baron Alderson. The case for the prosecution was gone through as each witness gave their evidence, which was similar to that previously given at the inquest hearings. However, despite the contradictory accounts of the now two charged men to that of certain witnesses, the similarity in the footwear markings at the scene to those of the seized footwear, the threats given by Joseph Hogg as witnessed by the press and now attested to by the magistrates at court when they were uttered, when the counsel for the defence stood he asked the judge if there was a case for his clients to answer? His Honour said that it appeared not and was a case of evidence from an already perjured man. He asked the jury to consider if there was any evidence that strongly supported the account of Turnbull. When the jury expressed unease, the judge stated that evidence of an ordinary accomplice was bad to rely upon at any time. However, when an accomplice is called the jury can observe his manner and he is available for cross-examination and the effect of such questions upon him may tell materially upon the jury. Here, they had never seen Turnbull, but knew he had sworn falsely. He asked them how they could have any faith in his statements without seeing the effect of that cross-examination upon him? Was it reasonable to act on such testimony?
The jury further considered this matter and after some hesitation, returned a verdict of Not Guilty, without any need for the defence to put forward their evidence; the two Hoggs were released.
A leopard doesn't change its spots, or a poacher his habits. On 27th September 1850, Joseph Hogg was arrested with his two relatives, his cousin John (Nichol) and brother Walter, for poaching at The Flatt, Liddesdale Southern Scotland. They were captured and handed to officers at Newcastleton. On 17th November 1855 a muffler was stolen from a public house in Rickergate; John (Nichol) Hogg was later arrested for the crime and sentenced to 3 months hard labour, just into the new year of 1856. On 20th November 1857 it was reported that Joseph Hogg was charged with illegal shooting of game on Sir James Graham's land but he did not appear and a warrant was issued for his arrest.


Although no news reports appear to have been written, feelings in the local community must have ran deep, with a desire to remember and honour the memory of Thomas Davidson. A memorial stone was erected in 1852 on the place where his body had been found and is the first image of this article. It reads:

Upper section of the inscription

Lower section

Following gaining knowledge of this incident I decided to visit and research the murder as best I could. We parked at Cuddyshall Bridge (NY520808) and walked to the monument.

After viewing and photographing the marker my wife and I decided to walk to the location of Kettle Hall as it is marked on OS maps. It took us across Blacklyne House, on the bank of Black Lyne Beck, which the poachers had crossed in the course of their search for gamebirds.

Blacklyne House 'Bothy' (locked).

Black Lyne Beck, looking south

Black Lyne Beck, looking north

The disappointment was to reach the location of the former residence of Thomas Davidson, only to find it raised to the ground, although the basic shape and size could be just made out. It would be tiny, yet accommodated a his large family of eight children.
One part of the story appeared to be missing and that was the grave the of Thomas. He was known to have been buried at St. Mary's Church, Stapleton, and we assumed that as there was no image anywhere available, then the grave would be unmarked. That was not the case and my wife located it in a short space of time. Perhaps there is no realisation in the parish to the local significance of this simple marker, there being no clue in the inscription to the violent manner in which he died.

Stapleton Church and the grave in relation to it.

**NOTE**

I had originally thought that I had identified the correct Joseph Hogg in Paragraph (1) below, and had published that as the correct one, when it is not him. I have left the matter, as it seems to have formed an issue with a descendant of the one referred to, he being unsure if his ancestor is the one connected with the scene of the murder. I can now say with almost certainty that HE IS NOT the same Joseph. I have attached a second account in Paragraph (2) that I am as certain as I can be, identifies the correct one. 

**Paragraph (1)

Of Joseph Hogg, he had been born in Scaleby and christened on 23rd August 1823, the son of Thomas and Ann.  He went on to marry a Jane Wilson some time prior to 1851, and in that year they had a son, David. Ann was born in 1854, Mary Jane in 1857, Joseph Wilson in 1862, Elizabeth in 1865, and the last was Barbara in 1868. In the 1881 census they had two grandchildren also living with them at Burn Hill, Scaleby West; they were John Joseph 4 years old, and Jane, 2 years old, although it is not clear at this time who the parents were. Joseph is recorded as an Agricultural labourer. In 1891 he was 65 years old and still an agricultural labourer for a farmer called Bell, lodging with them at Bar Close, Scaleby; Jane was living in with her daughter, now at Aspatria. Joseph and Jane were to move to 28 Etterby Street, Stanwix, Carlisle, and he died there on 26th August 1899 and Jane died there on 17th September 1909.

**Paragraph (2)

There was a Joseph Hogg who in the 1841 census was living at Two Dargs (township of Bailies), aged 12 years, living with his parents, Walter and Eleanor, nee Davidson. He had two siblings, Walter aged 10 years, and Anne also aged 10 years , but not believed to be twins. There is then a Joseph Hogg, listed as born in the Bewcastle area, who in 1850 is detained in Jedburgh prison. There is nothing else known of this Joseph Hogg, but his father originated in Scotland and his mother, in Bewcastle. Since the border is so close it is safe to assume this is the same Joseph Hogg who was at the scene of the murder. This also appears certain to be the one arrested over the border in September of 1850. It may be that he stayed north of the border after his release, or shortly after, so is lost to further searches, but he is the only one that fits the circumstances. 

Of Joseph Hogg and the murder, the decision of the courts has to be accepted and that was, he was innocent. That said, he was certainly a witness to it and that lingering doubt, raised by the contradictions in his account when compared to those of other witnesses, would always raise doubts on that innocence within his community. Whatever happened, he took the knowledge of the horrific strangulation of Thomas Davidson to the grave with him.