Records from Christiana Tukthus 1790 - 1810

[Rhiannon Davies]

Hello, I'm hunting for records on an ancestor of mine who died in the Christiana Tukthus in 1808. Is there somewhere that would have records explaining why he was admitted?

 

I know the Tukthus was a workhouse as well as a prison so I'm trying to get to the bottom of what he was doing in there. His name was Berger Larsen, born 1732 and died 1808, and was from Havsjømoen. 

 

If anyone has any leads on where to look that would be amazing, thanks :)

[Roy-Petter Askim]

From the newspaper Christiania Intelligentssedler, fredag 29. mai 1807:

 

https://www.nb.no/items/77a3a0b533f86f1dc04e8c513a25a5a5?page=3&searchText=%22Berger%20Larsen%22 

 

4. Toldprokureur Omsen, som Actor, «oitra Christen Øergersen og Berger Larsen,– Arntæen. Bemeldte Personer ere sigtede for at have overfaldet og mishandlet deres Naboe og dennes Hustrue, men ved Underretsdom, afsagt af Sorenjkriveren og Laugrettet i Soløør og Oudalen den 19 Mari d. A., ere de frikiendte for Actors Tiltale.

Stiftsretsdom: Christen Bergersen og Berger Larsen bør Een for Begge og Begge for Een at bøde 2de Gange fuld Mandebod 3de 18 Lod Sølv, saa bør de ogsaa Een for Begge og Begge for Een at give Tryg Pedersen Smerud en billig Penge for Liden og Skaden, hvorunder tillige bør indbefattes Erstatning for Svie og Smerte samt Afsavnet as den Beskadigedes sædvanlige Fortjeneste saaledes som den af gode Mænd, efter hans og de Tiltattes Vilkaar og Lejlighed, sat vorder. Endeligen bør de paa lige Maade at betale de af Actionen lovlig flydende Omkostninger. At udredes efter Justitiens nærmere Foranstaltnig

 

Translates to something like this ?:

 

Customs attorney Omsen, as Actor, opposite Christen Bergersen and Berger Larsen, – (Arntzen??). Reported persons are accused of assaulting and mistreating their neighbor and his wife, but by lower court verdict, given by Sorenskriveren and Laugrett in Soløør and Oudalen on March 19th, they are acquitted of the Actor's Charge.

District court verdict: Christen Bergersen and Berger Larsen should be fined one for both and both for one 2nd time full mandebod 3de 18 lots of silver, then they should also one for both and both for one give Tryg Pedersen Smerud an appropriate amount for the suffering and damage, which should also include compensation for suffering and pain as well as the loss of the injured person's usual earnings as well as that of good men, according to his and The defendant's condition and circumstances, take into account. Finally, they should equally pay the costs legally incurred by the action. To be investigated according to the Justice's further measure.

 

 

Maybe they could not pay, and ended in prison?

Endret 6 timer siden av Roy-Petter Askim

[Roy-Petter Askim]

 

The sentence from Solør is to difficult for me to read, but it is here, left page: https://media.digitalarkivet.no/view/41482/108 Maybe it can be transcribed by the experts? It seems to me that the neighbor is expected to be crippled, but I might be wrong.

[Bent Roger Ødegaard]

Hello relative!

Berger is my 5th great grandfather.

 

 

1 time siden, Roy-Petter Askim skrev:

Maybe it can be transcribed by the experts?

 

Attached is the case, but only in Norwegian.

 

 

 

Dom Berger Larsen.odt

[Roy-Petter Askim]

Interesting, I had forgotten that I actually read Evens translation in the link. I made a quick translation in google, (old sentences usually translates better from Danish to English, instead of Norwegian with errors of cours).

 

This happened on the 5th day of Christmas 1805

Hedmark County, Extra Court Protocol No. 9 (1804-1808), Court Protocol Page, Page 105

Usage link for page view: https://www.digitalarkivet.no/rg10211501090108

 

Year 1807, the 19th of March

 

On the same day, the court was held at the sheriff's farm Lier

Judgment in the case brought by Justice against Christen Bergersen and Berger Larsen Smerud, and the Court was served by the Magistrate and signed by Laugret and Meddomsmænd.

Where then: unanimously it was pronounced thus

 

Verdict:

According to the county's order of 1st September f: A: Christen Bergesen and Berger Larsen are charged with assaulting and mistreating their neighbor Tryg Pedersen and his wife in such a way that the former must probably become a cripple for the rest of his life.

In the case of the reported assault, only the unconfirmed witness Marthe Syversdatter and the Accused Christen's wife Inger Johannesdatter were present, who also, in regard to the original reason for the brawl and how it proceeded, gave different testimony, however, when from their statements, in connection with the conversation between the parties at the conciliation test, and the Accused before the hearing on 9th August, the statement given last time, is taken out for the fact that the Complainant Tryg Pedersen by the Defendants' mistreatment has been added to those in Regiments Fældtskjær Jebe's Business of 26th February. f: A: described Damage by which Tryg Pedersen, according to Jebe's further Certificate of 18th f: M: for the future, is deprived of full use of his arms.

As stated, it has not been possible to state what actually gave rise to the disputed brawl, whereas it has been proven that before the brawl began, the parties had been fairly well-off and had alternately been in each other's houses and drank brandy, and that the brawl, according to Tryg Pedersen's accepted explanation to Mathis Christophersen in Acten Pagina 21,

began on the occasion that his wife came into Christen's living room and wanted him with her, when Christen took her by the hat and bent her down to the floor and when the complainant

stepped in to separate them, Berger struck him first, after which the rest joined in – conf. Trygs Forlaring Pagina 23de and 24de and Marthe Syversdatter Pagina 37.

According to these circumstances, no prior planning or intention between the defendants to assault and mistreat the accuser can be deduced with certainty, as what happened between them seems, on the contrary, to have happened by chance

in that Tryg's wife wanted her husband back with her - none of the parts can be determined with certainty, since intentions cannot be known, but are only known by actions.

If the mistreatment that took place was intentional against Tryg Pedersen, however, Jebe's certificates show that Tryg's shoulder blades were twisted at the same time, or as it is said in the certificate, cupped - and consequently they could have been in distress if help had been sought in time - and Tryg's arms were thus in the same position as they were before the damage,

but when Jebe examined the same for the first time on the 9th week after the damage, as far as the business can tell, no attempt was made to put the axles in pain,

and now, according to Jebe's last certificate, nothing more can be done - The damage in itself was therefore not of such a nature that Tryg's arms thereby lost their previous quality, but simply by neglecting help they have now lost the same and Tryg Pedersen as a carpenter was thereby put in a most deplorable condition.

 

This consequence is simply based on negligence and accidental circumstances, which cannot therefore be attributed to the accused or blamed on them.

With regard to the foregoing, the nature and degree of the mistreatment must be calculated and one will then find that if the shoulder blades were immediately inserted into their sockets with the help of a surgeon,

had the complained of mistreatment been simple and had no consequences for Tryg's health and old-fashioned fun.

The defendant's defender has preliminarily claimed the case as a private matter, rejected - and in submissions of the 5th of this month claimed the defendant's acquittal on the basis of the settlement passed.

 

According to the Ordinance of 20 January 1797, the 13th and 14th §, any case, the outcome of which alone can be fined, prosecuted as a private29 case - and appealed to the Conciliation Commission - which is why even settlements in such cases outside the Conciliation Commission must be valid - and since the present case, according to its stated state, is not qualified in and of itself, or anything other than simple fines and compensation can result from it,

then the complainant Tryg Pedersen was entitled to enter into the settlement presented in the copy, in the hearing Pag: 8 to 10, which he will probably refuse, but since the settlement, after the testimony of the witnesses, was voluntary and without condition, then according to the 5th 1st 2nd article of the law, he is obliged to keep the same, even more so, as Tryg has not received Søren Buser's[?] statement, about to have received a share %he% of what he was entitled to after the settlement, whereby he has even later acknowledged the validity of the settlement.

With regard to the complainant Birthe Gundersdatter [Tryg's wife], the court also does not understand that she is included in the settlement, partly because the settlement concerned the fact that Smerud passed on the 5th of Christmas last year, partly because the settlement speaks of the sound deliberations of both complainants and that the case that had been started should thereby be dropped and the parties followed up in court to protocol the settlement.

This opinion is further strengthened by the fact that both Tryg and the wife have both complained in their request for a hearing that the hearing was then scheduled to take place at Lier on 27 February f: A: and at Tryg's request was postponed, after which the settlement was entered into on the following 31 March at Smerud.

 

According to what has been stated by the witnesses, the insult added by Berthe Gundersdatter cannot also be the subject of prosecution - and since the settlement cannot be rejected on the stated grounds and the alleged insults, according to the now disclosed nature of the case, do not seem to be prosecuted as a public matter, the accused cannot be required to pay the costs arising from the action either.

why, secondly to testify that the Case is conducted with the speed commanded, and that nothing is against the Actor's and Defensor's account to remember,

hereby known to the Court:

Defendants Christen Bergersen and Berger Larsen, should for Actors

Prosecution in this case free to be. Defensor's Salary is reduced by 2rd for each meeting, after the Authority's further measures.

 

[signatures]

 

Customs attorney Omsen, as Prosecutor, against Christen Bergersen and Berger Larsen, - Arntzen.

Reported persons are accused of assaulting and mistreating their neighbor and his wife, but by lower court verdict, given by the Magistrate and Laugrett in Solør and Oudalen on March 19th, they are acquitted of the Actor's Charge.

Judgment of the District Court:

Christen Bergersen and Berger Larsen should pay one for both and both for one 2nd times full Mandebod 3rd 18 lots of silver*, then they should also give one for both and both for one

Tryg Pederen Smerud a cheap money for the sound and the damage, which should also include compensation for stinging and pain as well as the loss of the injured party's usual

Merit such as that of good men, according to his and the defendant's conditions and apartment, set forth*.

Finally, they should equally pay the legally liquid costs of the action.

To be investigated according to the Justice's further measure.

 

 

* 3rd 18 Lod Silver = probably 9 riksdaler species, times 3. (3rd)

* sat vorder = will be set

 

[Bent Roger Ødegaard]

7 timer siden, Rhiannon Davies skrev:

Havsjømoen

 

https://norgeskart.no/#!?project=norgeskart&layers=1001&zoom=13&lat=6655651.66&lon=324079.44&markerLat=6655651.661337869&markerLon=324079.4368230947&p=searchOptionsPanel&sok=Havsjømoen

 

A little south, south east of Havsjømoen you will find Smerud (Smedrud).

 

https://norgeskart.no/#!?project=norgeskart&layers=1001&zoom=12&lat=6654625.58&lon=324671.81&markerLat=6653633.883994119&markerLon=324965.35479184473&p=searchOptionsPanel&sok=Smedrud