The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1867-08-06 00:00:00

POOLE.

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UnmozzLED DOGS. —William Button, of Kittens,
labourer, was Gneel 24. Gd. and ooste, by the Bench on
Thursday, for allowing • dog to go at large sad tin•
mauled OD the 24th ult.„ at Longfieet.
FOLIC, I NS? F cnoN. —Capt.in WtUII, GAl.'6 Inspector
of Ginetabulary, visited Poole on Saturday, and in•
erected the police force, at the conclosion of which he
espreseed to Supt. Gifford his metisfaction at the credit-
able appearass e of the men, and at the state in which
te found the books, station, and elothing, adding that
he should be able to report favourably of the for,. .

WINBORNE PETTY SEV3IONS.
CHARMS Or MISAULT AGAINI? A MAGMA/TA APO
CLIROTIIAN AID UinUS.

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A more than ritual degree of interest mu excited at
the Winiborne Petty Sessions oe Friday last, it b tug
understood that a charge of assault was about to be
preferred ageing • rev. gentleman, a member of the
Bench, and the court-room was densely crowded.
The magistrate, before whom the case was baud
were :—C. J. Parke, Req. (chairman), the Rev. C. J.
Glyn, General Michel, M.jor Portman, Sir E.
H. Greathead, Colonel Punt, and J. T. Bukett, Esq.
The Rev. John Riley Austen. and Mr. Henry Austen,
of Emdmry, were summoned for assaulting John
Rem ey, • I.bouring man in the employ of Mr. Elliott,
of Manor Farm, Kinun.—Mr. H. T. Johns, of Ring-
wood, appeared for the complainant, and Mr. Collins,
barrister (instructed by Mr. W. H. Dickeoson, of Poole)
for the defendants.—There was a woes summons, in
which &nosey was charged with assaulting the defend-
dents. Mr. Johns, in opening the cue, said be
appeared on behalf of John Rumsey, who csomplained
of • very violent and unjeurflable work committed
on him by the Rev. Mr. Amason and his son. It
appeared to him that the case must be °onside red of
great insportance by the other side in their having
engaged the services of a gentleman well.known to
most person' present as • very able counsel, but not.-
, withstanding that be would have to contend against
the eloquence of hiti learned friend, and the further
fact that the chirp was prefarred against • member
of that Bench, he felt slue these facts weeld have no
endue weight with the Bench, but that they would
decide according to the evidence brought before them.
, Mr. Johns then proceeded to give the perticalars of the
ease, as stated in the evidence. He said that the
assault arose in consequence of the defendant persist•
lug to exercise a right of fishing in a pert of the river
Stour pealing through Mr. Castleman's property of
which Mr Elliott, the tenant, had the right of fishing,
and after due notice had been served upon him, prohibit-
ing him from doing so. Mr. Collins II you are coins into
the question of right 1 most stop the case. Mr. Johns
raid he only *lidded to that id p 'acing and would simply
confine himself to the facts of the case. He then
desenbed the assault complained of as unjustifiable
under the carcumstaaws, and expressed his opinion
that whatever force the oomplainant used after be was
attacked in the manner he had described was perfectly
justifiable, and he did not see how the learned counsel
for the other side, with all his skill end ingenuity, could
avert • conviction for assault; and the very fact that
Mr. Auden took out • summons against his client after
receiving one frdO him. appeered to him (Mr. John.)
as though Mr. Austen considered himself in the wrong.
Mr. Johns concluded by remarking on the Verywrions
nature of the injuries inflicted upon the oompialnant,
and contended that • gentleman in Mr. Austen's position
ought not to be exonerated from the consequences of his
conduct, and therefore asked the bench to inflict the
highest penalty in their power, provided the case was
made out in favour of his client lie then called John
Ramsey, the complainant, whose face bore the mark ;4
• severe cat. He stated : I work for Mr. Elliott, of
Manor Fault, and was in his employ on the 24th July
teat. In consequence of instruations from him about 6
o'clock in the evening, I took my master's host and went
down the river. As I mac going down I saw Mr. Austen
and his son. They were fishing with rods and lines.
As soon as they saw me they put their rods and lines in
the boat, and dropped down the river, and I permed
their boat. After I passed and they had got
into Lady Castlemth's manor, Mr. Austen tried
to pass me but I would not let him. At
that point the land belonging to Mr.
farm is on both sides of the river. I told Mr. Austen
I was authorized by my master to seine his boat, and I
hooked his boat with my boat crook. He beat the crook
off the boat two or three times, but I held on. He this
said "If you don't let my son's boat go I will beat your
brains out." He then gave me • severe stab in the
side with his boat pole, which was shod with iron spike
at the end. The blow slightly scratched my skin and
bruised me • good deal. I feel the effects now. He
then called out to his son, "Strike him, Henry, strike
him, Henry." Mr. Austen than struck me another
blow on the sided his face, cutting it open Ile looked
as if he could spit brimstone at me. The eon then
struck me and cut my head open. I had not struck him
but was simply holding the boat. Mr. Austen struck
bolding the pole with both his hand,. I was foroid On
my knee., and afl but overboard. When I recovered
sal,!, "My brains are as good as your.," and humble*
both defendant' down with the pou sdoi7 "wk. Ti,.
boat" then parted and Mr. Austen told his son to row
down the river. I was stunned for • few seconds, and
afterwards went on shore end itaw my master. I was I
bleeding like • pig. I suffered • great deal of paie all
night, and have since. The next day I applied for •
summons end then went to Mr. Lacy, surgeon, of Poole,
who gave me some liniment. I was not able to open
icy mouth but very little for two or three days, and was
obliged to have bread soaked. By Mr. Collins: I hase
been a labourer for three or four years. I was • beers
house keeper before that at Hinson, sod kept • licensed
house for five or six years. I have been
fined once, I know, by the magistrates. I wu
told that Mr. Austen should lay that I conducted my
honse badly, and he Would try and get me out of the
parish. On the 24th July Mr. Elliott was on the farm,
and ordered me to go to Mr. Austen and seize his boat.
I intended ro do so when it entered my master's water.
The defendants were not then fishing, but they had
been. I had two oars and • pole in the boat; before
it Went broken, it hoiden eel pot crook at the en& When
I passed Mr. Ansten's boat I sail. "How are you Mr.
Auden." Not !WOW winutes afterwards Mr. Austen
and his eon passed me. I then told him I had orders
from my master to seize the boat. I am positive I
said so before I hooked it with my crook. I hooked it
when Mr Austen tried to pass. The son relieved the
boat from my hook, and I hooked on again. At that
pleas there was about 12 feet of water. They were in a
light pleasure boat. I pulled the boat towards me.
Mr. Austen used the pole to release the boat. The one
produced was not the same as he uud, and that used
be him bad • spike at the end of it. I had neither •
coat nor waistcoat on. The spike did not make • hole in
my shirt. It had • dull top. I grappled with Mr.
Austen's boat twice. I did not attempt to strike Mr. ,
Austen at all natal after I bad been 'track three times,
twice by himself arid once by his son. When I struck
Mr. Aortae both he and his son were striking at me. I
struck the father first. I cannot say whether I struck
Mr. Austen alter he was down. I cannot say Whether
I cut the boy's head open. I did not us hies covered
with blood. I cannot say if! struck the father with
both bands. I was in such a bustle. I cannot say how
many blows I struck altogether. I walked part of the
way to Poole. Re-examined by Mr. Johns: I was
defending myself, and struck no more blows than
necessary. Mr. Austen's boat bed • keel to it, and mine
was a Bat bottom one. By the Bench: A boat with a
keel was the easiest to upset. George Forrest, labourer,
said :1 em in Mr. Elliott's employ, and on the lith July
was working in • hay held close to the river. I saw Mr.
Austen and his son in a boat coming np the river.
When they came opposite to me, I said, •• Who shot
the dog, bow. wow, wow." Young Mr. Austen was
fishing with rod and line. Mr. Austen said they were
• net of blackguard., and held up his finger and said "I
want to speak to one of you," and I replied, "If you
want to speak to us you must acme to us." Soon after
John Ramsey cime down the river in Mr. Elliott's boat.
I was between 28 and 30 years ofi. Ramsey hatched
his boat crook in Mr. Areten's boat, and said he bad
orders from his master to seise it. Mr. Austen then
punched Mr. Ramsey in the breast with his both
pole, and then 'track him across the head. He
then calling to his son said, "Strike him, Henry, strike
him," and his eon then struck Rummy on the bead with
an oar. Ruaney's face was covered with blood. Rowney
did not strike him till after he was first struck. Mr.
Austen struck as fait as he could, and Rummy alter.
wards struck at both defendants ari fast as he could.
The boars then parted from each other, and Mr. Austen's
boat went down the river. Mr. Austen raid, as he
pseud, "All you men have done for yourselves." We
did not interfere at all. Rnmuy then came ashore
He was bleeding, and has not been able to do his work
so well as formerly.— By Mr. Collins: I did not say to I
Ramsey, "Come along, and we'll drown him' When
Me. Austen went up the rivee we were speaking else.
wither. I never said to Ramsey, "0* in and drown
him." I saw Mr. Austen fall down, and then I 'awl
Ramsey etrike at the boy. There wee nothing between
ma and the boat except the water—(laughter). The
whole affair lasted about 10 minute.. I could see the
boat pole used by Mr. Austen, it had an iron spike at
the end of it. The spike was about as long Lamy thumb;
It was rusty except at the point, which was bright.
The pole produced by the defendant is not the one he
used.—George Higdon examined I am a carpenter end
wheelwright, living at Bilious. I was at work for Mr.
Elliott last week; and on Thursday, 25th July, was in
his field near the river. I saw • boat in the river about
six o'clock in the evening. Mr. Aulisteedonn: mold
t.hheisnisoton
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in
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dtis
reheympred.
"Youdnoten then i ""
B!it u
on. I saw
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ur. Elliottu'niney w e
eorwi z
came in contact I heard Rums., say, "I am ordered by
it with his boat crook. Mr. Austen then said, "If
you don't let go my son's boat I will knock your brains
out, and imn.ediately pushed at him with a pole which
he held with both hands. He then etruck him across
the face. He then said to hie son, "Strike him down,
Henry," and from what I could see his son did strike
Ramsey down. Runisey did not strike first. Ramsey
nearly fell out of the boat, he saved himself by catching
the sides of the boat. They were striking at Rums.,
when the boats parted. As soon as he reoovered him-
self Ramsey "truck right and left. Ramsey afterwards
came on shore, be had • wound on his face. I did not
see Young Austaa's face covered with blood.—By Mr.
Collin.: I knew that Ramsey was going to try to take
:a. they could. I saw Ramsey strike at the boy alter
she
ahlriswvelerYa4bßboaM:ertteho;:golat n':artohcb:MtblLkrew. blß:AAduskeistehnteniEnt7.l;tywt;sai": iyaerbekiketnuhissiaangcmsaLidtmr:llf
had been in the boat with I would

Thomas Newman, another labourer in Mr. Elliott'.
employ, fully morrohorated the preceding witneeeme
-Jetsam:eta —Mr. Johns here stated that be bad several
mote witneme, SO prove the same fact.. but the Bench
were of opinion that their evidence ea. unnemmaary.
and Mr. John c then called Mr. E !ward Iney,
ttorgeon, of Poole, to prom the amount
'of peraonel injury stertatned by the complainant.
He stated : 1 to mined John Nomev on the 26th July.
I met hire on the toeol going !ate Poole, and made an
appintment to see him on My retain boom. I found
that his face was very tnboh swollen from the temple to
the jaw, and • deep abrimion oh the cheek, two inches
and • quarter in length. lie had aloha slight wound on
the top of his head. On his breed °ale was a slight
serateh, and a severe riontnsion below about !Pinches in
circumference. I believe that the blow elm delivered
fall, and that what it was done witlit slid ntillost,l
and made the scratch. It was most probably done with
• blunt instrument. A spike with • dull end would in
all probability produce 'tech an injury, or the pole pro-
, 'teed in Court. Mr. Johns said that we' their Gam.—
Mr. Collin, t Then 1 submit there ta no 6M43 at all. Our
aw.wer to this charge In that we had a perfect right to
be on the river, that Ramsey was the lint agyre-sor by
endeavonring to seise the bed, and that we had a right
to do all thst was done in self:defence. Htunroy went
there for the purpose of seising the bark apd the a dr
took place, where seem:ding to complainant • own state:
ment there wee 12 feet of water, and my client ets• in
danger of being drowned. He used no more videnee
than Ras necessary to free himself from Rummy. Mr.
Johns said Mr. Collins bad not 'raised say question of
title, and appeared to hove forgotten that if the means
taken for self.protectien were excessive, it ea. the same
al ff an pertonal rights came Imo queetion. In the
I present else those metns were umnittakeably proved
to he so by the *domes he bad called, and if the
Bench believed their statements, and be mould sot see
bow they 00014 do otherwise except they came to the
oonolumon that they committed will., pertury—then
he contended that the defendant's violence is resisting
Rummy wan quite disproportionate, and if in striking
them blows his client load been killed, it would hay-
rendered the defendants guilty of manslaughter. Mr.
Collins said he was (Oita reedy to address the Court,
as to whether the molense was ezesseve or not.
Several of the magistrates expresmed tirefr opinion
that the violence of the defend.nta wee outlast's,
especially after threatening to knock • man's brain, out.
After a short consultation they stated that they bad
decided to hear the other side.
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COGNTIR CHARGE AGAINST JOHN RONSIT. —Jahn
Ramsey was then charged with assaulting the Rev.
John Riley Austen and Henry Austen on the 25th
• _ace. Culls; mut : I appear on behalf of Mr.
Austen and his son. who I shall be able to prove base
been the victim. of • most unjustifiable and violent
assault. Bat before going into the cam I wish first to
call the attention of the Bench to the fiat that only
the complainant in the last case swore that Mr. Austen
used the word "damned." If it had been alined of
any other permit than • clergyman that he bad used
that word no notice would have been taken of it.
but the position of my client renders it eft:weary that
I sheu'd nett°, thia Mr. Austen would meet solemnly
deny that he used it. Rummy bad a spite against
Mr. Austen, because scale time ago, in ootsequencie
of the disorderly way in which he kept his bolus,
Mr. Austen used means to have hint removed, and
therefore Ramsey eagerly laid hold of the opportunity
of aeixing the boat. And, though it had been said
that he had been authorised to do so by Mr. Elliott,
that gentleman was not cut in the box to prove it.
Mr. Collins then proceeded to comment on the conduct
of the men in the hayfield, which he described IJ
insulting to a gentleman of Mr. Austen's position,
but also tendia4 to chow the ill feeling existing against
Mr. Austen. Ramsey behaved in a very rough manner.
and his clients were in great danger. After the hook
was pushed several times into Mr. Aasten'e host by the
defendant, Mr. Austen endeavonred to release it. and
then it wee, and not afterwards, that the defendant
struck Mr. Austen a violent blow on the shoulder. He
(Mr. Collins) should call upon Mr. Austen and his son
who would fully prove this. Mr. Austen was prostrated
and whem he was lying at the bottom of the boat,
the poor lad was rtruck by the defendant • violent
blew on the bask of his ,head, which bled so much as to
saturate his shirt and vest.KThe articles were here shown;
the shirt had a large stale of blood at the back of the
collar and down the back.) The struggle was • life and
deaila one, but his client need no more violence then
was absolutely necessary to protein himself. and he (Mr.
Collins) had yet to learn that a gentleman and he son
rowing in • boat on the river, could have their boat
forcibly taken fro n them, find themselvee subjected to
violence if they resisted.—The Rev. John Riley Austen
maid : I am a clertorean residing at Ensbury. I know
the part of the neer Stour whioh runs through Mr.
Elliot:7's farm. I claim • right of free fishing in the
river Beier. In that part of it where the alleged Midi
took place. I claim It under a deed of grant, dated
Ifila The deed is now in the possesaion of my solicitor.
Mr. Dickenson, of Poole. I have always exercised that !
right. and I am now proceeding in an action of trespass
against other parties in tee exercise of the right I claim.
On the evening in question I was perch fishing. I
believe I have a right to fish at the place. I have
fished there ell my life.—By Mr. Johns: I had notice
four years ago from Mr. Elliott not to trespass on his
land. I Moe Shed ever since, but have not trespeased
on his land. Mr. Collins said that as the point now
mooted was the question of title that ousted the juris-
diction of the Bench, but Mr. Johns contended that by
the case "The Queen e. Edwards," the Bench had
jurisdiction in the matter, for notwithstanding • person
might have an alleged right of fishing, be was not
justified in threatening to knock a man's brainn out, and
using such violence as Mr. Austen had.—Mr. Collins
was or opinion that the ease quoted by Mr. Johns boo, I
directly againat him, as in that case the assault was not
in defence of title, but in the present ems it was. Mr.
Johns drew the attention of the Bench to the weedin •
of the Act, and pointed out that if the magistrates were
of vpinion that the ease was one for indictment, they
could send it for trial before soother anat.—The
Bench then retired, and after • short absence said, by
their Chairman. that after giving the case their serious
consideration they were of opinion that as • taxa frie
title had been set up, they had no jurisdiction in the
Case, and it was therefore dismissed.