The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1862-04-01 00:00:00

CROWN COURT.— WEDNESDAY.
(Be(ore Mr. Juetice BUIS.)

John Gill, E. Harvey, W. Young, A. trammond, 114
H. Davies, and A. Fairbairn, were charged with a riot
at Weston-super-Mare, on the 3rd March. J. Gill and
A. Fairbairn were also charged with an assault. —Mr.
Collier, Q.C., for the Crown, with Mr. Cole and Mr.
Murch prosecuted ; Sergeant Kinglake and Mr. Prideaux
defended.—Mr. Piggot is lord of the manor of Weston,
end his agent was a gentleman of the name of Jones.
Rumours hal arisen in Weston, against Mr. Jones, and
Mr. Pigott's wife; which canied the agency to be taken
from Mr. Jones, but that gentleman was afterwards re-
instated, as there was found to be no foundation for the
rumours. Mr. Davies having been appointed to it,
ive
se-
f the
effh
friends,
sedewoda
danst requested
an, ,
(Laughter.)
gnt
hhd
tee thearfft): plac
was e
ha were as
oistl stormed
called
mrot :he de office,
by
storming ye Ma whichgr. r
e aheotJones's
deol
of excitement, persons thinking Mr. Davies ill-used,
and his party entertained a violent feeling against the
other parties. Mr. Harrondale, the father of Jars.
Pigott, hr.d Wren • house at Weston. The learned
counsel then described the situation of the hones. On
the 3rd of April a most extraordinary occurrence took
place. Mr. Harrondale. his son, and Mr. and Mrs.
Piggott were staying at this house, and it WU thought
by the mob that Mr. Jones was there also, but he wee
not. An mganized riot took place the principal ring-
leader being Gill, the coachmen 'to Mr. Davies. He
endeavoured to get people to go to get Jones out of the
house. It was well known that a riot would take place.
Towards the evening, about eight or nine o'clock, a mob
of some twenty people came up the hill to these pre-
mises, and commenced hooting; they, however, went
back on the police sending them away, to Martel's tap,
and subsequently came again, some in disguise. At this
tap they were supplied with liquor without their pay-
ing for it. Gill led, and the police took no part in en-
deavouring to prevent the following scene. They own-
nienced yelling and hooting, and throwing atones at the
windows, which was kept up during the evening. The
inmates were very much frightened and did what they
could to protect themselves. Some of the windows had
no shutters, and the atones came through and very nearly
struck some females who were there. An assault was
also committed on a Mr. Poole by Gill, who endeavoured
to quell the dieturtjance. Pbole wee very Much injured.
This continued dating the night. Harvey was there,
and was called "the hound." Mr. Davie* was there
and said "follow the hound." Two other de-
fendants, officers of the ait'llery corps. were
there and also led on the mob. Young was
remonstrated with, as was also Hammond.
Fire-arms were also discharged, and shots were fired
towards the windows, one of the shots being • stone
and the other • slug, it being used for the frightening of
the inmates, the object being to get Mr. Jones out of
the house, and to hoot him out of the town. There was
also a practice of " skimmiting ridiug," but if this was
the purpose, this was undoubtedly a riot.—Mr. Thomas
Smith, attorney, at Weston' deposed that on the
evening of the 3rd he received information that a row
was intended. He gave information. He went to Mr.
H. Arundel's house, and there lie saw about forty
people (it was about nine o'clock). He saw indentations
on the abutter as of a stone, or slug. When in there lie
heard the report of fire-artes. The mob afterwards
went away, and he saw another indentation on the
shutter. It appeared that the ball had rebounded.
There was a great deal of noise, and the windows were
broken; when he left in a fly stones were thrown after
hitn.—Mr. Field, • retired detective, deposed that he
advised the police to disperse the mob, and that they
replied they had not sufficient hands. He did not see
the police interfere at all.—Crossonamined by Mr.
Ringlake : There were kettle and horns—His Lordship:
You have asked that, brother, several times hut it
makes no difference. If you were to call a 1,000 wit-
nesses to prove this, I should only tell the jury that its
an ornament to the case. (Laughter.) If there were
shots fired it doe' not matter if there were pots and
pans. (Laughter.)—Wm, Poole deposed that lie saw
the defendant Gill amongst the crowd, and when they
got opposite the house lie said, "Now you b—, now's
your time, look sharp, make haste." They then picked
up stones, and three of the parties threw stones, Gill
was about to, and he took him by the arm, and remon-
strated with him. Young then camemp, and Gill said
you make yourself very large, and thou struck him very
forcibly. Hammond said, "Conte, let's draw off now,
we can't do anything more." Davies afterwards came
out, and said to the mob, "Now my lads, follow the
bound, and do your work nimly." He went to his
cousin's house, and saw his cousin bronght in very
bloody.—Fras. Poole deposed that he was knocked
down, and Fairbairn had his arm around his neck,
punching his neck and head. Gill said "keep off, he has
had enough." He was • great deal hurt, end was blind.
—Cross-examined: He did not say to certain parties that
he did not know who struck him.—G. Jones, • boatman,
deposed that Gill asked him to come up the bill, as they
intended to serve out Jones, his master would see that
he was paid; but he would not go. James
Radford testified to the same thing: Gill told him
to take a stick to protect himself. This he thought "a
had sign," no he didn't go. (laughter.) The Judge
remarked that he had had a great many of these
cases, but had never beard so many witnes ; it was
useless. The counsel for the defendants wished
Sergeant Ross to be called, whom the plaintiff's had
oinitted.—This witness in the cross-examination
affirmed the affray to have been only a very small '
affair, and the defendants did not participate in it, he
took down the names of the most active.—Reexamined:
I took down Mr. Hammond's, Davies's, Yoarrg's, and
Gill's.—Before the learned Serjeant had commenced
his defence, Mr. Collier arose-and saict that he must, in
fairness to Mr. R. Arrtindel, say that this prosecution
was advocated in no vindictive spirit, and he had been
instructed to say, that with regard to the defendants
(excluding Gill and Fairbairn) it does not appear that,
and it has not been shown that they had anything to
do with the originalty of the plot, and Mr. H. Arundel
was willing to believe that they were oriAinally spec-
tators, and were afterwards 'led to do the acts they had
done, and under these circumstances he was instructed
not to press for punishment, but as regards Gill they
had determined to leave that case in his lortlzhip's
hands, as he had been proved to have been the
mrigin.tor of the plot.--Serjeant Ringlike acid: The
case for the prosecution having closed, what had just
been said was with the sanction of the defendants. He
, could call a great number of witnesses, but he would
' not my what they might have proved ; and looking at
the remark,' made by the (*tinsel, and haying oonsulted
his clients, they had agreed to the proposals, and lie
could say for his clients that they were exceedingly
sorry at having done anything to cause Mr. H. Arrundel
to be annoyed.— His Honor said lie had scarcely
where
hi‘is had been
lib.elitp,:ge,
"not
forth,
ma
astthtehonnisigumrjury
brought,aodnti
::daondrb
yd:oa
iv wast
hehiree:.
ever
rlmsieengn eavide""nce
thought the defence had exercised a very proper
ontio::,nvearindialred ttehioe:iont°,
retoPdriactlgeefirerunitidthe defendants guilty. The jury, of course,
"Julia Gill, you have been clearly proved guilty of this
offense, and the distinction between your ease and the
others is, that you are proved to have taken an active
part in this affray, and it is proved by • witness of the
name of Radford, that between 7 and 8 you asked him
if he were engaged for the night, and you told him that
he was to get five or six more to go round the hill, and
that he had better provide himself with • stick. He,
luckily for himself, thought better of this, and did not I
go, and you, therefore, were one of the originators, or
the originator of tho affair. There is, besides, proof
of your having committed an assault, and thrown stones,
trader them circumstances it is impossible to pass it by
without some punishment; the sentence is that you be
imprisoned for one month. As regards you four, you
have all been convicted. of participating in what was
wrong, and [(eel quite sure that your counsel was right
In what he has done. In looking over the evidence,
there is no proof you originated the riot, and with one
eewiectcentpertaiolwnlyag, dcniscr:melidemiedn,tinhanedatei atylnoiadut Ibethtirehnigwaksoaht4ioetsnersg".B4l:Theaseonayt
stands the same as the rest ; although the prosecutor
did not press, yet T must take security that it shall not
happen again, and I must protect the public and, mock,
as I regret it, for gentlemen of your position of life, you
most fad sureties to keep the poses for trro years, Pn

the request of Mr. Collier, Falrbaln wee dealt with in
the same way, on his withdrawing the detnnrrer whieh
he had entered.—This ooncluded the criminal busineai.
wrst PRIUS CCU/C.—MONDAY.
(15e- fOr• Mr. J-04tit.. BLACKBURI.)
. - -

Brine s. The Great Western Railway CoMpany.—Thie
was an action to recover compensation for damage aun-
t tined by reason of flooding a cottage through the
erection of works by defendants. Mr. Kerslake and
Mr. Pridestix appeared for plaintiff, and Mr. M. Smith
and Mr. Buller for defendants. The cottage in question
is situated at Adber, in the parish of Trent, in dons
Proximity to the railway. The plaintiff stated that by
reason of the erection of works by defendants for the
purposes of their railway, the water had been driven
into his cottage. On the other side it was urged that
the cottage had been subject to pluvial visitations long
before the construction of the line, After a small pot.
tion of the evidence had been heard, a reference was
suggested, which was agreed to.
A SPECIAL TORY CASE.—Gileg and wife ft George-,
This was an action for assault —41.1 r. Collier and Mt.
Cole for plaintiffs, and Mr. Coleridge and liftr. Thring for
defendant.—Plaintiff, who is of the Hebrew persuader
is a jeweller, now residing at Yeovil, tuft form ',
erly of
Wincanton, and the defendant carries on Hie Maumee
of cunler at the latter place. It appears that fire plaintiff
took enema, garden, and premises at,Wineantonett s leased
His next door neighbour was the defendant,. Mr:
George. There was • passage between the belts*
leading from High-street to plaintiff's back-yard. Id
the passage was a door-way, the door being fastened te
plaintiff's wall. The defendant and his family had been
in the habit of using the passage from the side door.
A padlock was ultimately placed on the door. This
apeman to have annoyed defendant, and he sent a re.
quest that the lock shonld be removed. Plaintiff agreed
to do so, and he and his wife went out for the !Armee
of taking off the lock, when plaintiff stated defeedatit'e
two sons came out, and one of them, named Charles,
took hold of his hands, and tried to put him on the
ground. The other eon Jainesassanited the plaititiff'e
wife. After some further altercation defendant thee
took hold of plaintiff 's wife by both shoulders, aal
knocked her head against the door. Upon her putting
her hand on the lock, defendant, it was stated, struck
her with a poker. Plaintiff was prevented from taking
his wife's part as his hands were tightly held by de-
fendant's sons. The defendant broke open the lock
with a poker. Defendant also, it was alleged by plain.
tiff, threatened to knock off all the heads of plaintiff
and his family. It was deposed that the wife was ill for
nearly six weeks in consequence. On soother occasion
a stone was thrown over the wall, and struck some
one. A Witness, named Lazarus Glans, another Jew,
was called to prove that he was in the garden of plain,
tiff, and recollected the stone being thrown by reason of
its falling on his head. (The counsel thought that must
have impressed it on witness's memory.) It was
stated on the part of defendant that the right of way
had been reserved to him by aced, sad that it was is
coniequence of that right that an assault had been Isom.
nutted, but which was of a very trivial character. De-
fendant', COSMO designated it as an attorney's action,
and produced a neatly executed model of the houses
and the passage. Ile also produced deeds where the
right of way was reserved to defendant, on his sale of
plaintiff's house. On Tuesday morning a verdict was
returned for defendant. Him lordship declined to catify
for a special jury, considering that a eomraon jury would
have been able to see through the facts et the ease.

He contended the evidence of the witresses, as to
the Increase of the drift of sand over the White
Cross e:tate, and the injury to the property,
was a mere matter of speculation. The three
questions which hail been anbiiiiitied by the Court
of Chancery, and the affirmation of which devolved
upon the plaintiff to establish, were simply these :
The plaintiff, if he could, must satisfy them that he had
the right of pasturage over the sandbanks in front of the
White Cross estate; to ;low that Mr. Pigott had
deAroyed the pastnrage by removing the surface of the
sandbanks, and thus injured pl iintiff's right in it.
Secondly, it must be ahown that Mr. Pigott had, agaimt
the law and without authority, disturbed and removed
the soil of these santibmike, and that be had done injury
to Mr. Davis's property. And, thirdly, plaintiff had to
show that, for the future, the continuance of this
conduct would increase the danger to which he sub-
mitted he was already exposed in consequence of what
lad been done on the authority of Mr. Pigntt. He
'(itr. Coleridge) contended that the plaintiff had failed
-to prove these affirmations, and then called
a somber of witeesses to prove his ease.—
Mr. Coleridge summed up the evidence for the de-
fendant, contending that it had been clearly shown the
wastes of Weston were vested in the lord of the manor,
-and that the plaintiffs were not interested in it. The
pulling down of the pound, the impounding of cattle,
anti other acts, all *lowed that Mr. Pigott had exer-
ched ownership. He said it had been shown the de-
fendant was lord of the manor ; and, if necessary, it
might have beau proved that defendant and his
ancestors had exercised the right of ownership from the
15th century. Mr. Pigott, by pulling down the pound
erected OD his ground, showed that he clearly felt the
sandbanks were his, and was determined to exercise
the right of ovenership.—Serjeant Kinglake, in • speech
of considerable length, rephed on the whole case, con-
tending that the facts proved by the plaintiffs had not
been overthrown, and they clearly proved that the
plaintiffs' property had been injnred.—His Lordaliiii
slummed up with great care, and left it to the jury to
say whether the plaintiffs had a right of pasturage
over these banks for 30 years, whether the defendant
lad wrongfully removed thee sandbanks to the injury
'of the property of the plaintiffs, and whether, it the
'removal of sand continued, there would be still danger
,from incursions of the sea or drifts of sand.—The jury
'retired, and returned into court in about half an hour,
'saying they could not agree, and that there was no
•nrobability of doing so--His Lordship said they most
'try and agree, and they wore intoordingly looked lop.
'The jury again retired, and soon after returned into
court, saying they could only agree on a verdict for the
.defendant on the first issue, There were eleven to one
on the others.—The learned Judge said they must
-endeavour to agree, and he would advise them to retire
•again.—The jury obeyed his Lordship's advice, and
seter a prolonged absence returned with a verdict for
the defendant on the other issues.—His Lordship left
'Taunton the same evening for De v ism —The lengthened
period of the sand case has caused several cases to be
+made remanets, and they will be tried at BristoL

fforeign nub Colomat Intelligence.

ITALY.—It is stated that there is to be a reorgeni-
nation of the Italian army effected, that Garibaldi is
to command the 7th Corps, and that thus the fusion
of the Southern with the regular at-toy will be
complete.
The Italian Chamber of Deputies hare been engaged
with the discussiou of the budget for the second quarter
of 1862, and in the course of the debate a Signor Marche
eulogised the alliance with France, but made a violent
attack upon England. Rat,zal replied that the Govern.
mnent attached great ',right, to an alliance with both
Powers. The bill on the budget was finally passed by a
great majority.
11031 E.—The Pope lIPIS been at church, and has
uttered a decree for the conenisation of the Japanese
' martyrs, and has also pronounced an allocution,
decl tring that the temporal power cannot be considered
a dogma, but an actual ordination of Providence. The
indelen,lence and liberty of the head of the Church, he
declares, are absolutely nece.seary.
A USTRIA.—The Vienna Gazette publishes the re-
port of the committee on the public debt, from which
it appears that At the end of June, 1861, the capital of
the funded and floating debt, calculated at time rate of
3 per cent., amounted in the new currency of Austria
to the now of 2,332,325,216 florins (2fr. 55c. each),
exclusively of the Lombardo-Vent tian debt, the capital
of which, at the same date, was 66,451,4915., and of
the fonder indemnity bonds, which amount to
58,765,27211. In the first six months of 1861 the debt,
IA already stated, had increased 68,765,2726., but that
augmentation was partly compensated for by various
diminutions, which 'definitively reduce it to 46.996,84611.
The Lombard debt was diminished by 424,4626., and
the foncier indemnity debt was increased by
6,210,8786. during the same period.
AMERICA.—Tug CIVIL WAIL—The Arabia arrived
at Queenstown from New York on Monday, bringing
intelligence of great importance, The Federal army—at
all events a large portion of the Federal army—which
. for an many months past has been lying in a state of
inactivity on the Potomac, has made an advance. On
the 10th instant two thousand troops proceeded to
Centreville, and toned that place deserted ; themes they
pushed forward to Manumit, and discovered that that
post had also been evacuated by the simony, the latter, as
was to be expected, leaving nothing but desolation
behind them. The great battle of the Potomac which
we have all been anticipating will not be fought after
all. The Confederates are eridently bent upon post-
poning a general engagement as long as possible and
upon selecting • field of action which in cam of defeat
wonti be less disastrous to them than the border line
of freedom, where the population would not unlikely
join the victorious power and convert defeat into total
destruction. The policy of retreating southwards,
instead of risking a battle in a country where the
slightest incident in war would serve to turn the
balance of the people's favour to the side of Union is
• sound one. The Confederates, it is said, bad fallen
back upon Gordonsville, and time only point at which
it was supposed they would make a stand is at the june.
tion of the Frederick and Potomac, with the Central
Virginian Railway about twenty miles north of the
head-quarters of the Southern Government. General
McClellan had fixed his head-quarters at Fairfax
Court House. It is stated that the evacu-
ation by the Confederates of the country along the
Potomac had caused great rejoicing in the Northern
States. The navigation of the Potomac is now opemm.
The meat gallant incident in the history of the war has
occurred on the Jamey river. On the Bth inst. the
Confederate iron-clad steamship Merrimac, and the
Confederate steamers York Town and James Town, left
Norfolk, and attacked the Federal sailing frigates
Cumberland and Congress at one hundred yarde
distance. After fighting for some time at this short
range the Merrimac inn into the Cumberland with her
iron prow, literally, it is mid, ripping the sides of the
latter vessel open. Drawing off the Merrimac treated
her ecemuy to a broadside, and again attacked her with
her iron tusk, subsequently leaving her to sink. Time
Congress, which had fought her two assailants gallantly
up to this point, finding her consort totally disabled,
struck her colours and surrendered. Meantime the
Federal frigates Minnesota and St. Lawrence were being
towed to the assistance of the Cumberland and the Con•
grew', when lame Minnesota get aground, and consequently
could reuder no assistance. On the following night the
new iron-plated steamer Monitor arrived at Fortress
Monroe, and in time morning she was attacked by the
Merrimac, which now found a foe worthy of her steel.
The fight that ensued mamma to have been a regular ease
of Greek meeting Greek. The Alps fought for five
hours alumoet side by side. The Merriamac had caught
a Tartar. The Monitor ultimately succeeded in forcing
a hole in the port side of her rival, and the latter
returned with the Confederate fleet to Norfolk. The
Merrimnao, although she returned, was but slightly
injured. General Fremont has again received •
001111mand.
OPINION OF we AMIRICAN PlllBll.—The New York,
which arrived at Queenstown on Thursday. brings
important and exciting news from Ainerica. The first
noticeable fact is the tone in which a portion of the
New York press speak of the Confederate strategy. It
is evidently becoming patent to the moat obtuse
Northern minds that in retreating before the Federal
generals the Confederates have been animated. by se
emotion altogether different from fear. The New York
Evening Post says that in the late movements of the
rival armies on the Potomac the balance of advantage is
generally confessed to have been on the side of the
Confederates, even by the warmest friends of the
Federal generals. The Washington correspondent of
the IFortd, another New York paper, declares that the
Confederate army made the most anceessful evacuation
and the meet secure retreat of which history furnishes
an *atingle. It escaped "irafelrwith its entire right and
left wing from every point threatened by the Federal
lines, and securely carried off all its arms and three-
fourths of the population—black and white. This is
high praise, but it is praise wrung from the hearts of
people maddened by the thought of the incapacity
exhibited by those whom it trusted to have ren-
dered such • retreat imp ossible. Praise from
the Federal journals of the strategy of the Conte
derate generals, we need not say, is the most cutting
censure that could be pronounced upon the Federal
officials. The daring journals that have thus had the
courage to publish such a enloginm will, we should
suppose, have made themselves many enemies at
Washington. The next standing point assumed by the
Confederates, it is said, will be on the banks of the
Rappanhock River, from Port Royal to Fredericks-
burgh, a line of great natural strength, and which was
being made still stronger by artificial means. New
Madrid has been evacuated by the Confederates and
occupied by the Federal forces. General Beauregard,
it is said, has been appointed commander-in-chief of the
Confederate army; and it is also asserted that Manassaa
was evacuated.

THII FIDRIIAL PARLIAMENT.—The North, at all
events the Government of the North, does not seem to
be afraid of running up the public expenditure.
A bill, we are informed, has been introduced into Con-
gress by the naval committee providing for the con-
struction of an iron-clad steamer of six thousand tons
burthen, to be used only as a ram, and for appropriating
1,000,000 dollars and also 1,300,000 dollars for iron-clad
gunboats, 700,000 dollars for Stevens's battery, and
500,000 for the extension of the naval dockyard at
Washington, no as to roll and forge plates for armour
ships. The recent proceedings of the Merrimac off
Norfolk have shown the impotency of wood when
opposed to iron, and the Federal Government are
making desperate efforts to profit by their experience.
Fremont has been appointed to the command of the
military department of the country west of the depart-
ment of the Boromac, and east of the department of the
Mississippi, to be called the Mountain Department. It
has given great dissatisfaction to the Democratic party,
those in favour of the peculiar "institution" of the
South, it being regarded as a concession to the Repub-
lican party, those in favour of emancipation, as no
doubt it is. A Kentucky representative, in opposing
the Tax Bill, declared that Fremont's appointment
proved that an ultra class of men were all-powerful in
the administration. The war news is not ef great im-
portance. It is stated that President Davis has sus-
pended Generals Floyd and Pillow for their unsatis-
factory report of the evacuation of Fort Donnelson.