The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1877-04-17 00:00:00

TRIAL FOR MURDER.

At the Oil Bailey on Tuesday afternoon, a very
singular case of murder wail tried, and resulted in
the acequittal of the prisoner. It seems that a barber,
named Cole, lived with his wife in Bnekingham-street,
Fitzroy-square. There also resided with them a
young nun called Wyness and a young wiman, Ruth
Wilding. Whether Co'elm! reason to be jealous Isi
Wyness sls ies nit appear, but it is certain that Mrs.
Cole was exceedingly jealous of Wilding, and that the
household was disturbed by serious quarrels on this
account. In these disputes the girl Willing used to
take the part of Cele, and the existing ill feeling was
consequently a44ravatesl. On the night of the alleged
murder all fur members of the household tame home
together,ausl a quarrel oceurred,in the soiree 14 which
Cole Is-gnu ti, shine and ill-treat his wife. Wynees
hest a heeled gun in the house, and it seems, as far as
can be mule out, that he to went fetch it. When he
returned with it the door of the bed-room in which
Cole and his wife slept we.l shut, and as Wyness was
standing at the it. Ms gun went off. The bullet
made its way tl 4h the panels, struck Cole in the
jaw, and killed him. Such were the facts of the MOM.
Ile sole question which the jury had to determine
was whether the shot WAS fired with the deliberate
intention of injuring Cole or not. Mr. Montagu
Williams, who appeared for the defence, elicited, in
the course of a more than usually able cross-examina-
tion, the fact that Wyneiss made no attempt to escape,
but at once delivered himself up to the police, and
handed over to them the gun anil the remainder of the
cartridges. It was also proved that the weapon had
been loaskil many days precise., to the unfortunate
sieinirreness, while it AVM further shown that, as soon
as the isdiee appeared on the ecene, Mrs. C'ole had
said (hit it had been a mere accident. This being so,
. .

the evidence for the proseent resolved itself into the
the testimony of Miss Wilding, who swore most
positively that she had seen the prisoner take aim at
the door. There is, of course, is great difference
between aiming at is person and aiming at a shut door
behind which that person is. If Wyness had wished
to shosot Cole, he would, in all probability, have
broken into the room, and then have tired the gun.
Instead of this, he discharged it while he was still out-
side, and it is consequently impossible to see how the
jury could have arrived at any other conclusion than
they came to. The case once again calls our attention
to the excessive danger of allowing toasted fire-arms to
he kept in a dwelling-house. Wyness, it is true, was a
Volunteer, and there are reasons why a Volunteer
, shied.' have ilk rifts at his own house, but there are
no reasons why be should he allowed also to have with
it a stock of hall cartridges. Deadly weapons ought
not to be permitted to lie about ready to hand. Had
Wyness fired the nnfortunate and, as the jury have
found it to be, accidental shot which caused Cole's
death inside the room instead of outside, it would
pmbably have gone hard with him, and, whatever
might have been the skill :mil ability of his advocate,
two lives would almost certainly have been sacrificed
instead of one.

AMUSING BREACH OF PROMISE CASE.
In the Qneen'a Bench division Thursday the case of
Dean v. °Maffei was heard. This was an action for
breach of promise of untrriage. tried at the last
Leicester A...sizes, when the jury returned a verdict
for the plaintiff for £l.OO damages. Mr. Mellor Q.C.
moved on behalf .1 the defendant, for a rule nisi for a
new trial, on thegri mud that the verdict Wai against the
evidence and on affidavits. The plaintiff, in the year
1867, when the alleged promise was made was about
29 rears 14 age, and was described as a teacher of
nue;ic. The defendant was a clergyman, now about
64 years of age, but owing to ill-health he had been
prevented from .1 • g duty for the last thirty years,
hle of the genus's on which the motion was made
Mtn that the plaintiff's evidence was not corroborated
In any material particular. She deposed that in 1867
she met the plaintiff, as she had been in the habit of
doing, at Nottingham, and that they proceeded to the
chemist's shop to purchase drugs for the defendant.
That they rested a sh .rt time in the parlour behind
the shop, where the defendant asked her to marry
hiin, and she assented, the defendant, according to
the plaintiff's evidence, fixing the time in these words
—"We will marry after the death of Mr. Leyland,"
the defendant's brother-in-law, with whom he was
living at the time. 'rhe only confirmation was the
evidence of a servant, who deposed that after the death
lof Mr. Leyland she saw plaintiff and defendant
together—that he kissed her several times, and said
that they would soon be married. It was now shown
that the servant had 3 grudge against the defendant,
and it waa contended that her evidence was no
mfirmatien of a material fact sworn to by the plaintiff.
The Lord Chief .instice : Was not the kissing •
material fact? (Laughter)—Mr. Mellor said it did
not amount to sucn a c. wrolxwathm as was required
by the act. The .1. fendant was a very peculiar
person. During his long airiest he &AM he had taken
five pills a day, or according to his learned frien.re
calculation 54,715 pills in the course .:f 30 years.
(Lond laughter.) —The Lord Chief Justice What
ills were they that he took and survived? (Renewed
laughter.) -Nlr. Mellor nail he did not Imow. Mr.
Leyland lived for eight years after the alleged pr.:mine,
dnrmg which time the plaintiff never wrote a letter to
the defendant and his letters to her were very unlike
those of a lover. They merely made amwintments to
meet him at Nottingham.—The Lord Chief Justice:
Bnt why these meeting if there was no understanding
betweee them !--Mr. Mellor was an old man,
and she WWI useful to him in assisting him in his shop-
ping. (Laughter)—The Lord Chief Justice : But he
was only 54 in 1867—Mr. Mellor: But he looked 90,
perhaps on account of taking so many pills. (Laughter.)
lime Lord Chief Justice • But I can't see what object a
yeung girl of 20 could have in walking about with a
on who looked 90 merely to go shopping with him.
Mr. Mellor said the defendant created prejudice
against himself by the fact that he yawned in answer•
ing every question that was put to him in the witness-
box. (Laughter.) The cause was a physical infirmity.
The :ati lavits stated distinctly that that the plaintiff
hasl already brought two actions for breach of promise
if marriage--(laiighter)—and compromised each—the
last being brought in 1572, in which year she received
from the then defendant the sum of £5O. The Lord
Chief Justice : That certainly requires an answer. If
she brought such an action in 1872 she could not
sustain the present, for that engagement, if there was
one, was put an end to.—Rule msi accordingly.

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THE DRAPER'S PURE TEA COMPANY. The Tea L 9 pure
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E.C. Agent in STcninuara NewroN, T. HAwcins
in GILLINGHAM, J. DAVIS ; and Drapers in most
Tows and Villages.
_

PURE TILL IN RARE PIEREECTION. —The Pure, Strong
Fragrant and delirious Teas imported by POLAND,
ROBERSTON I Co., Curtain Road, London, KC., can
now he obtained it airstight packets in quantities ranging
from 2 or. to 1 lb., of most respectable Grocert, Chemista,
Bakers, Confectioners, Stationers and othera, and the
other., at the following prices per lb. :—Black, 26., and
2a. Bd. ; Mixed, is. ; Green, is. fial. ; Aeaam, 3s. 61. ;
packed in Tins, 2, 4 and 8 lbs. All qualitiee guaranteed
Pure as Import. The Sib. Tin sent carriage paid to any
Railway Station in the United Kingdom on receipt of
Post Office Order. The public are respectfully requested
to ask for Poland, Robertson and Co.'s Pure Teas, and re.
fuse all others, as large quantities of worthless traeh, con.
slating of warehouse sweepings, Tea damaged by salt
water and decomposition, are, by a process of steaming
and dyeing, made to resemble genuine Pure Teas. For
particuLus of agency apply as above.
HottowArs Pius. —gre more Nernusiwas.—Themornent
impurities enters the blood health is diminished, and our
nerves warn us of the dieagreeable fact. "Cast the
Impurities out r says common sense, and long experience
testifies that Holloway's nile accomplish this with the
utmost certainty and completeness. To the dyspeptic
and apathetic they give new life and fresh energy by the
wholesome influenco they exercise over the stomach, liver,
and other internal organs. The most wretched indigestion
fades before their corrective power, and therewith gloom
of mind and indisposition for exertion disappear. Rollo.
way's Plls purify and reguiate the circulation by 'toady-
ing the heart'. adieu.

........ _
lie objected to the bill lmfore the house because it was
levelled at one disgraceful and infamous ex,ption to the
splendid character of the British press. The journal to
which Ise alluded SV,V, S-S he hail tuna, an exception to
journals in this country. The rule was, that when journal-
ists, were challenged as to the contents of their papers,
they inanfuliy avowed their responsibility. Only once
within Memory hail a mail professing to own a newspaper
shown himself to Is a slave and a coward. Ile himself
h ad been the owner of four journals, and, feeling how il-
cfnalitaltle it would be to evade responsibility, he hail never
put kin name on the imprint as printer or publisher, but
had always registered I self as such. Four members
of his own family II:el been associated with himself in
these publications. Hail he been a coward he should
have put at the head of his paper—" Edited by Sullivan."
(Loud cheers.) But, as he had hinted, he had never been
guilty of the despicable device of evading his responsi-
bility. He was thankful to say that they only knew of
one such coward who had tarnished the name of an ,
honourable profesition, and who yet had the boldness to •
mouth %bout the liberty of the press and the rights of the
people. (Cheers.) Its could understand such a character
talking of that house as a mean. tyrannical, and cowardly
assembly until he found a seat in it. He could imagine
such a mean and despicable coward mentioning even the
name Of the Speaker in terms of opprobrium, and yet
when be came into that house talking of it as " this
honourable assemblage" (cheers). But whilst saying all
that, hr hoped no member of the house would Ville for a
bill wh ch was provoked by engine,' at an exereseence on
journalism in England The house supposed that journal.
iota were always defendants in libel actions. The house
might I, reutruber that there was an action for libel,

entitled "Kenealy v. Poe," for an alleged libel that
appearitsi in a Kilkenny journal. Some time before that
there was a case in England of a wretched man of the
same name who had maltreated and starved his illegiti-
mate child, and the plaintiff in the action imputed to the
editor of a Kilkenny journal that it had been stited that
he Was connected with the wretch in England, Itn4l in fact
that no was the man. But he had been aide to pnllre
that he was not married and had no children, either
legitimate or illegitimate, and there was therefore an end
of the action. Ile appealed to the home not to be led
away into putting additi.mal fetters upon the politic presl
of the country., which was admittedly a credit and an
honour to the land, and haft done great public service,
merely because some one wretched individual exception
had for the moment arisen to shock and outrage the
public inorals and public conscience of the country. (L nod
cheers.l
The ,notion having been lout, the second reading was
lost by 149 votes, to 69; being a inajonty of 130 against
the Bill. _ .

Then followed the scene of the evening. Mr.
Sullivan was the centre of a circle of complimenting
friends in the lobby, when Dr. Kenealy spied him,
passed =MSS to him, and for the first time in his life
addressed him. He had taken the attack to himself,
and he reproached Mr. Sullivan with it. " Whateier
I sail in the House was deserved," said Mr. Sullivan.
"You're a liar," called out Dr. Kenealy. and the
lobby was instantly in uproar. Almost against his
will, .tr. Sullivan was taken off to the Speaker to
I know what should be his course. Mr. Brawl persuaded
, him to bring the insult at once under the notice of the
House. l'hus canninanded, Mr. Sullivan went to his
seat. When he rose everylssly knew what had
happened, and cheered him loudly. Mr. Sullivan men-
ti..ned very simply the facts of the case. The Speaker
asked Dr. Kenealy for an explanation. 1/r. Kenealy
gave one which in effect admitted his offences, and
withdrew. There was a great deal of consultation
with Sir Erskine May, and at last a resolution order-
ing him to apologise, having been drawn up, Mr.
Brand ordered Mr. Erskine, the deputy-sergeant, to
go and fetch the Doctor. Dr. Kenealy came in, hat
in hand, looking very white and nervous. At first he
was proceeding to his seat as usual, but a cry of
"Order' sent him bowing profusely with an unex-
pected manner of apology. Then he stool at the bar.
('he Speaker read the resolution, and communicated
to him that the House had "ordered" him G. apologise
and witlAlltiw. ,Dr. Kenealy flushed crimson. He
rose, andliWt.b..elbolslest possible way, "in compliance
with the order of the ' withdrew the expression
he had used and apologised for using it.
THURSDAY.
THIS was Budget night, when Sir Stafford North-
cote introduced his accounts for the year. The
position of affairs is perhaps better than it might have
been, and on the principal of being thankful for small
mercies, we may well be content with the result. 'The
surplus is not large, but there is a balance on the right
side of £143,000. The expenditure lif the forthcoming
year is estimated at £78,794,044, which is an increase
of £668,817 on the last 12 months. In considering
how this amount is to be raised Sir Stafford took a
fairly hopeful view of the prospect, and if m, disturb-
ing influences are brought into operation the expects.
tions of the right hon. gentleman may be realised.
" There are many signs," Sir Stafford thinks, " leading
one to hope that the resources of the country are still
unta.uched. and that the great consuming power ..f the
people, which has stood us in such good stead in former ,
years, is only temporarily less powerful than it was.
The income-tax it is hoped will yield at least a quarter
of a million more next year than it did last, notwith-
standing the extraordinary efforts made to gather the
impost in. From the Post-office Sir Stafford looks for
antextra hundred thousand pounds, and as "the State
is now booming a great banker and money lender,"
the Chancellor of the Exchequer calculates the
estimate for the miscellaneous revenue at 13,840,000,
and the result will he that the estimated revenue for
the coming year will be £79,020,000. The expenditure
for the current year is estimated at £78,794,000; and
as we have an income of £79,020,000, we have an
excess of income above expenditure of £225,000. The
picture is not too highly coloured, perhaps, and it is
1 to he devoutly hoped that the calculations may not be
falsified by coming events. The Budget is tn.t a
brilliant one, but it has at least the virtue of being
tolerably safe.

FRIDAY.
TO-NIGHT was held the fifth of the series of great
debates on the Eastern question, and the moet interest-
ing of the whole. The leader of the Opposition began
the conflict, Lord Hartington abandoning some of his
constitutional caution, and charging Lord Derby with
being in a sense directly resporurible for the present
situation, he laid hold of the House ; and when he
showed that the declarations appended to the Protocol
had given to Turkey the power to destroy the European
concord which that instrument established, the delight
of his friends was visibly manifest,. He expected war,
and even went no far as to say that the last word of
England had been spoken. Mr. Hardy became
excited aa Ma opponent drew towards a conclusion.
When Lord Hartington finished try moving for the
draft Protocol and other papers, the Secretary for
War could hardly keep his seat He began calmly.
He laid it down that nations had no commission given
to them, either from earth or from heaven, to fight for
anything except their own interests. He accepted to
the full the selfish theory, and proclaimed it with a
fervour which was exciting to the last degree. Mr.
Hardy also announced that the European concord
exisited outside the Protocol, and the last word of
England had therefore not been said. Lord Harting-
ton had been taking too much upon himself. The
Government intended to fight for the Eadern Christians
neither at the present time nor at any future time.
They intended to fight only for their own interests.
Mr. Mundella was e indignant at some of these
arguments that he commenced a chorus of ironical
cheers, and drew from the defender of British interesta
the sneer that be knew from what quarter the Inter-
ruptions came. Altogether the scene was, for one who
looks upon Parliament as a stage, exceedingly divert.
jug. Prince Christian, over the clock, began to perspire
with the excitement. The cheers grew louder, and
when Mr. Hardy sat down after cis peroratione with
an Imitation of the "last words" of the Premier in
the House of Commons the shout of Tory applause
wits deafening. Dr. Kenealy woke the How a Attic

BIRTHS.

April 3, at Burton, Winfrith, the wife of Mr. T. Hillier,
of a daughter.
April 3, at Owermoigne-heath, the wife of Mr. John
Bishop, of a daughter.
April 3, at Warmwell, the wife of Mr. George Everett,
of a daughter.
April If, at Preston, Lancashire, the wife of Mr. Charles
Noake, late of Sherborne, of a son.
April 10, at Martinatown, the wife of Mr. W. S.
Hawkins, of a daughter.
April 10, at Half-Moon.street, Sherborne, the wife of
Mr. W. F. Williams, grocer, ic., of a son.
April 11, at the Fountain Hotel, Portland, the wife of
Mr. S. Smith, of a son.
April 12, at Blandford, the wife of Mr. Robert &Waco,
of a sou.

MARRIAGES.
March 13, at All Saints Church, Toronto, Canada by
the Rev. Arthur Baldw B
in, George orrows Gordon. Ewl..
barrister, of Toronto, to Ada Elisabeth, daughter a
William Lynes, Reg., of Weymouth, and granddaughter
of the late Thomas Lynes, Bet., of Wylie House, Wyke.
April 2, at the parish church, Bradford Peverell, John,
eldest son of the late David Rens. to Hannah Ironsides,
both of Bradford Peverell.
April 2, at Trinity Congregational Church, Reading.
by the Rev. J. F. B. Tinting, 8.A., Charles Arthur
Gulliver, if Dorchester. to Clara, third daughter of the
late Joseph Bartlett, postmaster, Bracknell, Berks.
April 3, at St. John's Church. Weymouth, by the Rev.
J. Stephenson, assisted by the Rev. J. Vaudrey, Emma
Pengilly, infant mistress of St. John's School, to Henry
Way, of Eureka, California
April 3. at the parish church. Owermoigne, by the Rev.
J. 11.. Cree,Robert, second son of Mr. Job Watts, of
Burton, to Miss Sarah Mantle, of Owermoigne.
April 3, at Lytchett Matravers, Dorset, by the Rev. A.
kleyrick, assisted by the Rev. F. W. Carre, Arthur
Augustus, youngest son of the late Collins Manger Care,
Est., of Guernsey, to Florence, eldest daughter of the
Rey. W. Mortimer Heath, MA., rector of Lytchett
Matron!".
April 3, at St. John's Church, Medfield, Hants, by the
Rev. C. W. Bingham, Rector of Bingham's Melcombe,
I uncle of the bride, assisted by the Rev. W. Bray, Vicar,
and the Rev. G. Yeomans. Curate of the parish, Henry
Jenkyns, Esq., Assistant Parliamentary Counsel to the
Government, eldest son of the Rev. Dr. Jenkyna, D.D.
Canon of Durham, to Madalene Sabine, youngeet daughter
of Admiral Sir Thomas Sabine Paisley, Berme., K.C.B.
April 5, at Kinson by the Rev. Z. Daniel, George.
youngest son of Mr. Robert Sherwood, to Rome, second
' daughter of Mr. Samuel Barnes, of the Pottery Hotel,
Kinson.

DEATHS.
March 26, at Burton, Winfrith, Elizabeth, wife of Mr
G. Orchard, aged 60.
March 22. at Port Villa, Bridport, Betty Naish, widow.
of the late Mr. James Andrews, of Writs&ll. aged 7t,
years.
March 31, at Port Villa, Bridport, Susannah Clark,
sister of the above Betty Naish Andrews, aged 78.
_March 31, at Wyke Regis, William Tisard Stone, aged

5
7 YAW . _
_
April 3, at Hedge-end, Gertrude, daughter of John and
Sophia Sprake, aged 16 days.
April 5, at Dorchester, Tom Oldbury, the wellAnown
horse breaker, aged 60.
April 6, at The Tabernacle, Slandford, Hannah, relict
of the late Robert Rickman, of Durweston Mille, Maud-
ford, aged 80.
April 7, at Westbury. Sherborne, Mr. John Whitelock.
aged 79.
April 8, at Peckham. Surrey, Mrs. James Frampton,
formerly of New.roed. Wimborne, aged 87.
April 10, at West-street, Poole, Alexander, son of Mr.
John Itettray.
April 11, at Westbury, Sherborne, Theresa Jane, the
beloved child of William and Ruth Tuck, aged save*
months.
April 14, at Roremaryotreet, Milborne Port, Miss Jane
Snook, aged 33.
--
Printed and Published at 8. llighirtrect West. Dorchester.
In the parish of Holy Triatty. by Gse. FILLIMAI of the
pariah of All Sainte, Dorchester. for Use Plfglilt•f.
TUtedaY. April 17, lin.