The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1865-11-28 00:00:00

LORD SIiAFTLSBURY'S STEWARD.

The trial of Mr. Robert Short Waters who stands
charged with embezzling several thousand' ponuds, the
moneys of the Earl of Shafteabury, whose s'eward and
land agent he had been for some years, hiving been
appointed to take ol:ice on Weduescloy morning, unusual
excitement prevailed within the Old Bailey, the rank
of the prosecutor partly perhaps, the business relation
in whida the defendant stood to him' the large lams of
money alleged to he in disPute, and the publioity given
to the circumstances as disclosed before the Dorsetahire
inagistrates in May last, when the defendant was com-
mitted for trial, having apparently imparted to the
forthcoming trid by anticipation more than ordinary
intei est.
Shortly after 10 o'clock Mr. Baron Bramwell, with
the Lord Mayor (Alderman Phillips) and Sheriff', sod
eoine of the Aldermen, entered the court and took the
seats assigned to them on the bench; but some time
b.fore that the court had become pretty well filled.
Lord Shaftesbury, with his solicitor Mr. Robert H.
}tartar, of the firm of Baxter, Rose, Norton, and Co.,
of Vietoril-street, Westminster, ocoupied a seat below
the bench. Tie defendant, Ur. Waters, who bad been
at liberty on bail, was also present, and ready to cur.
renter to his recognizances.
The counsel for the prosecution were Mr. fluddleaton,
Q.C., Mr. Gifford, Q.C., and Mr. H. T. Cole, of the
Western Circuit, iwtruoted by Messrs. Humphreys and
Morgan, solicitors, Ne-weate.street ; and Mr. Coleridge,
Q.C., with whom was Mr. F. H. Lewis, instructed by
Messrs. Lewis and Lewis, of Ely-plaoe, had, been re.
mined for the defence; Mr. Bidwell, of Liverpool, and .
Mr. James, of Edwards and James, S'tended as account.
ants for Lord Shaftesbury; and Messrs. Walker and
Howell, of Bishopsgate-street, accountants for Mr.
Waters.
It may be recollected that the defendant is charged
with having embezzled different sums of money,
variously estimated at £B,OOO and upwards, alleged to
have been collected by bin* as laud steward to the Berl
of Shaftesbury, on bis lordship's estates in Dorsetshire,
Wiltshire, and Yorkshire. After a protracted exambia-
tion before the county magistrates at Sherbome, the
defendant had been committed for trial on the 31st of.
May last, at the then next Dorsetshire Assizes, but an
application having afterwards been made to the Court
of Qeeen's Bench under Palmer's Act for a certiorari:
to try in London, and granted, the indictments, 12 or
13 in number, were removed for trial at the Central
Criminal Court. This being the state of things
On Wednesday, Mr. Coleridge said he had to make an
application to his Lordship, founded on an affidavit
sworn by Mr. Alexander Hemsley, solicitor for Mr.
Robert Short Waters, in the Chancery suit instituted by
the latter gentleman against the Earl of Shaftesbury.
The application was for • postponement of the trial,
and he thought his Lordship would be of opinion that it
was a reasonable one when the facts deposed to by Mr.
Barnsley were disclosed to the Court. Mr. Waters was
indicted upon several indictments in respect of charges
of erubezzlement or felony found at the last
Dorchester Assizes, avid moved to this court for trial
by order of the Court of Queen's Bench. At a former
sessions the defendant ap,slied to delay the trial for a
month, by reason of the investigation of the accounts
To the Editors, which were then being taken by his accountants. That
application was granted by the Recorder, and, for
In the Dorset County &Trees of Tuesday last, a reamns into which it was unnecessary for him to enter,
letter appears' signed by Mr. S. Bartlett, the it was thought more convenient to fix the case for the
employer of the man Cross to which I think public present sessions rather than have it set down for trial
attention ought to be direcied. in that communica- in September. The charges arose out of the defen-
tion Mr. Bartlett states:-" On my return home 1 dent's employment for many years by the prosecutor as
his steward, and which employment terminated in July,
examined my last payments to Cross, for the past 1863. In the month of August, 1804, the defendant in.
twelve months, and found that his average weekly etitnted procedings in Chancery for an Account between
earnings during that period was 125., and at the him and the prosecutor, and the payment of the balance
time of his committal (with which I was in no way which might ultirnateli be found due to him by the
concerned) I was paying him lie." If Mr. Bartlett's Earl of Shaftesbury. It might be well for hi, Lordship
statement is correct, then a vast amount of sympathy to understand that the suit also sought for a declaration
has needlessly been expended in this man's case, for of the rights of Mr. Waters under two contracts with
according to this he has been paid higher wages than the Land Drainage Company, and the payment of the
the majority of agricultural labourers in Dorset.
sum of £3,827, ' which Mr. Waters claimed thereon. In
the affidarit on which the present application was
But if Mr. Bartlett has endeavoured to bolster up founded, Mr. Barnsley stated his belief that the Chancery
I his fair fame by condescending to give a false proceedings had been instituted in the honest an I bona
colouring to the case, then he will rightly deserve fide belief that Mr. Waters would succeed in the snit.
that just censure which, there is every reason to The Earl of Shaftesbury filed his answer to the bill on
believe, will in no measured terms be heaped upon the 2nd of March, 1865, and at the close of the same
him. It certainly seems very strange that, when month he caused Mr. Waters to be arrestd on two
appealed to by the magistrates, Mr. Bartlett did not charges of embezzlement. Other charges were subse-
give the same flat denial to Cross's statement as he quently added to thee two. •
has now done in print. That statement is fully con. Mr. Baron Bramwell: Does it appear whether those
Chancery proceedings v ere instituted before any stir-
firmed by the man's wife, who says that ahe has
liaise or threat of • prosecution ag sin 4 Mr. Waters?
occasionally been employed in Mr. Bartlett's serviee ; Mr. Coleridge said the matter stood thus: In August,
but, in consequence of being near her confinement, 1864, an interview took place between Mr. jlemsley,
could not moist during the past harvest to add to her i;cting for Mr. Waters, and Mr. Baxter, the bead of the
husband's earnings, and that rendered their condition firm of Baxter, Roe, and Norton, Lord Shaftesbury's
worse this than during preceding years. The man solioitork in reference to the acconnts between the pro-
boars a good character in the village, has suspended senator and the defendant. With regard to a portion
lin his house a certificate from the Blandford Agri. of that conversation oertrin statements had been made,
loultaral Society, bearing date 1861, and gained a but he must observe that before it closed Mr. Baxter
prize of a coat and 108. for skilful la ale into • room b himself and stated
labour as a hedger
that year. The respective ages of the seven children that what whetliteook place there must be
regarded as private.
There wane difficuty, therefore, in stating what took
depending on his labour are: girl, 13 years next place in the interview between 31-. Hemsley and Mr.
month, 9,7, 5,4, 3, and baby 6 weeks old. AS may Baxter. His own opinion was that a man bad no right
.reasonably be expected, his furniture consists of only to state the half of a conversation and leave the other
an old table and stool, the went to the bed-room half untold, and if he were Mr Hemsley he should go
being by a pair of steps. into the whole of the conversation; but that was •
YERITAS. matter for Mr. Hemsley, and as he did not think it
right tc state what took place after the conversation
became private, he, as 'counsel, now felt a difficulty an
In response to the statement of the case to stating whether proceedings against Mr. Waters had
of the labourer Cross, copied from the Dorset been threatened. lie did not feel at liberty to say
County &press into the Daily Telegraph, the fol- more thin that there was a conversation about pro-
lowing contributions, in addition to £l4 13s. 7d. ostedings on the occasion to which be was referring.
previously acknowledged, have been published:- Sffortly after the conversation between Mr. Barnsley
God 516,70 the Poor, 55.; F. K, 2e. 6d.; Sympathy, and Mr. Baxter the bill in Chancery was filed by Mr.
cambridge moose, Newhaven, El 2e,; Enemy Watera, but no answer to it was put in by the Earl of
to Oppression, le. 6d.; G. Benson, 10a64.; Old Shaftesbury for about six months after. He did not
Catherine-wheel, 104 ;J. Cook, 13s. ;A. Moses,complain of that, because, no doubt, the accounts were
2s. 6d.; C. E. L. (leas registration feet 4tl. ; Bald- very
in
•' but the fact was that the prosecutor
faoed Stag,l3s. 6d. • Mercy, 2a. T. A. 2s. 64.,T.. B. ouin his answer shout six months after the filing of
the bill, and followed up that proceeding by having Mr.
64..,G. 8.2.. 64E. K 2s. ad.ltogettet 10e. ;A. Waters arrested.
Bird, 6s. 6d.' M. Bdweds, 2n.; D. M. M. M. M., Mr. Baron Bramwell: Then, the trot active proceed.
lie, ;G. P., F, P., 3. P., 3s, 6d. ; M., jon., 7s. ;S. ings-the first steps beyond threats and summonses-
Robinson, lie.; Toll Collector, 2a 64. ; F. H. Lea- were taken by the defendant, Mr. Waters?
mington, 10a. ; Three Former Residents ill Cranborne, Mr. Coleridge: That was Co. Mr. Waters filed his
18.. ; A. Negro,ss. 3d.; Jack Ashore, 7t. • Mrs. F., bill, A supplemental bill was afterwards fled to pre-
2s. ;A. C., Bristol, 2s. 6d.; M. 148. and W. B. vent Lord Shaftesbury from proceeding with a distress,
(not 10e. as advised), lie.; Mrs. H. Davit, 61. ; Miss anirtl Mr. Baron
tajonncti;r3n wan granted
antlhoenn did the
he n tterrn.. relationa
Davis, la ; Sixteen Readers of The Daily Telegraph, between the partiss as master and steward cease? •
Bs. ;J. Green, £1; B. G., 3.. ; Sympathiser, 6s. ; Mr. Coleridge: In the end of 1663.
J. F. 8., 2a. 64. ;T. Ancock, 3s. ; Children of • Mr, Baron Bun:owed Then there are rilmours of
Family who pity the Poor, 55.. A Working Man, something wrong; in August. 1864, the first active
64. ; Employee, Webster and Go,, 118. d. jC. H. proceedings are taken by the filing of the bill in Chan.
Canterbury, ths. ; T. W. W., 27. 64. ; W. N., Bath, eery, and in 1865 the prosecutor files his answer and
ss. ; Sympathising Kensingtonian,3B. 6d, ;H. L. P., institutes a prosecution?
2s. 64.; Jessie Chambers, 2e. 6d.; A. Harwood, Mr. Coleridge said that was how matters stood. He
10s. 4d. • H. W. B. A., 2s. ;J. M., 2s. ; M. should observe that in July, 1864„the prosecutor changed
Richardson, 2s. 64. ; Three Friends, Hasitings,
his solicaor' who had also acted as his auditor, and
3a ;
Sympathiser, 7s. 6d. ; M. 8., lie.; Registered letter,
Norwood (no name), £1 ; H. E. Wilkinson, 2s. ;W. appointed its his solicitors Messrs. Baxter, Bose, and
Norton. Mr. Barnsley stated in his affidavit that two
professional accountants had been for many months
Bayliss, 10a. ; It, T. S., £1 Is. ; J. P.
.16e, ; Cob past engaged in the investigation of the accounts on
Jested by E. 0., 6s, 104._; Three Weak=miuded behalf of the defeedant, and that he was informed and
Sympathisers, 7s. 64.; A. T. it ;W. F. £1 ;J. believed that, though there were brrors on both aides,
'S. T., 2s. ; W. F. S. 10a. ; T. 11. S., 10s. ; Chummy the ultimate balance of all the accounts, when fairly
of Dorset, 4s. 6d.; W. T. L, Se.; J. L., 5..; G. and fully taken, would be 21,800 and upwards in de-
W. T. 2s. 64. ; 0. H.,a Lady,£l ; Mrs. S. Hill,kl; fendant's favour, exclusive of, and in addition to, the
Nathan Brothers, 10..; Workmen, 124, New Bonds claim made by him in respect of the two contracts with
street, 10s. ; Collected by A. Sewell, 18&; E. A. the Land Drainage Company, and which amounted to,
£3,827. It was true that a different state of things was
108. ; a Dorset Luxury, is. ; M. A. P., 2s. ; T. G., alleged on behalf of the prosecutor; but in big affidavit
4s. ; Friends in Richmond, 10a ; H. Stanley, 5. ; Mr liesnisley stated that, from Lord Shaftesbury's
Commercial Traveller, 5w ; One who Hates Oppress answers in Chancey, it appeared his Lordship had oply
Mon, Fa. ; Excelsior kelief Fond, 5.. ;E. Cowper, had portions of the aecomite examined by a professional
16e. 64.; Eight Working Men, Exeter, Bs. ; Few accountant. This aocountant reported a large balance
Tradesman, Dorchester, Is. ;R. D., 2c • Mole. as due from the defendant to Lord Shaftesbury; but
sten-street, Derby, is. • Sutton Bridge, lOs. • a Mr: Hemsley believed the accountant for the prosecutor
Landlord, ss. ; S. is. 6d. ,• a Chemist, 2s. dd. • had struck out or ignored several aoconnts in favour of
C. J. E., 55,; Charlotte, 2s. 6d,; Employer of' tho defendant which Mr. Waters wee really entitled to
have brought into the transactions between,him and the
Labourers, 3s. ; Twelve Gloucester Chaps, 12e.; Earl of Shaftesbury. Of course, in a matter of figures;
Alpha, 2.. ; a Few Sympathisers, 10a. ; Mrs. Soholey, the only question that could arise between two so..
lie.; • Sympathiser, 10s. • W. Lavreon,loe. ; Soldier countants was as to what sums ought to be bronght in,
' '
on Short Pay, Is. 6d. • iather of Seven Children, for the total amount of the figures admitted into the
10a. • " H." Family, £5; T. W. N., 2s. 64. ; Jewel. calculation was a thing on which there could be no
ler'sfEstabliehment, Southampton, lls. 64.; J. OIL, difference of opinion between two men who were corn-
2e, 6,1„ •A. W., 2e. 6, ; 0,, 64, ; jenny Wren, petent to add them up. The whole question, then as
28. ; a Poor Man, Is. ; H., £2; W. F. and T. regarded.
anthearroinnts, was as to what figures should be
W., 2..; Sixpences from Coffewroore, Bull Hotel, brought In, nth the Court of Chancery would have
decide, Mr. Barnsley had prepared the necessary
Dartford, lie.; and M. A., /08. ; Brixton to Cos rs and evidence, and had set down the cause for
operative Society, Ss. ; J. M. D., 51 Live and Let l'nelaling on the 19th of December next, with the view of
Live, £l, was acknowledged on the 18th inst. obtaining a degree for an sccount between the parties.
Advice of £l, without any enclosure, received from Re stated his readiness to expedite the hearing of the
• Few Sympathisera of the Perish of Liandegai cause, and it WU under these eircurtistances the appli-
Homo 28. 6d. ; Little Sydney, ss. ; S. S., Is. ; A. cation for a postponement of the trial was now made to
11., 2s: 6a.; H. H., 65.; 3 Lovers of " D.T.," 35.; his Lordship. No injury Gould result to either party
E C., Bath, ls.; W. D., 55.; 8.H., £1 59-; Porcelain from a short delay in the criminal proomedinga; while,
Works, Worcester, 188. 6d.; C. (1. V., 2..; Delta, 2s. • on the other hand, it Was hardly felt to ask Mr. Waters.
G. Wood, 6e.; H. W. S., £1; Sympathisers, parish of Mtn into inontlawteLte.ll: ;00f, f
orm e voluminoussubjeo and mtri It.
Llandegai, £1; Cornhill, Bridgewater, 131.• En'. ?am the Court of Chancery. If the trial should tile dr:.
ploy6s, Sontli•Weetern and Great Western Ralway, layed, and if on the hearing of the Chancery cause all •
Wernouth, £1 is.; Servants, Dolphin Hotel, 12s. 'Mr. Water's daises, amounting in the aggregate to be.
64.; Sympathiser, 55.; Tradesmen, Dorchester, £1 tween £5,000 and £6,000, should turn out to be mere
19s.;_ P.M. Cambridge, 55.; J. Eastham, 55.; moonshine, the Court of Chancery would make a elearee
Ponder's-end, 75.; collected at
.195, Regent-street, accordingly, and his client would be ruined by the pro= ,
£12.. 64.; M.R.C.S. sa; a Governess, Is.; J.E. W., eeedings. If Mr. Waters was right in bis elairn, counsel
10e.;'W.T. R., Is.; Ne.A.S., Is.; ICH., Is.; Erasmus, need scarcely point out the hardship of eempelllng him
1 •S. W. W., ss. • collected at Grspes, 176, High. s., to meet a criminal charge founded oa some half-dezen
items selected from an account embracing some
street, Borough, '£l ; Woollen Drapers, Friday-
Court, Crystal Palace, hundreds, mace of which were dieputed. Under these
street, 54.; Manufacturing '
circtimstanoes he asked the Court to postpone the trial
17e.; W.L., St. Paul's, 7s. 3d.; Anti-monster, 55.; for a zeasonable time in order that the Chancery suit
'R. Is. 64.; Ann Matthews, Si.; Elephant and might be disposed of b fore Mr. Waters was called upon
Castle, Vsnxhall•cross, Is.; a Hater of DogberrYB, t meet the criminal charge.
2s. 6d.; Young Farmer, 2a. 6d.• Old Bristolian, 53.; Mr. Ruddleston, oil the part ot the prosecution, could
o
Dives and Lawns, 2s. 6c1.•" 'Father of Thirteen not secede to. tha iipPlicistion, because, is he thought
Children, 3e.; Nelly and her Pet, 25.; Cleethorpes. his Lordship would nets it was only made for the mere
2s. •, Friends, Bleak Horse, Sherbert:be, 14s. 64.•; parpose-of delay. In Amnon, when making his appli.
W.H.0., flees registration and extra postage),
cation or a postponement, the defendant stated that
41
rep „ he l required one month to his ens to •
21; A. B-13', 10'4; EmPl°Y&l' It Willis, Worcester,theosinhyargee made against him inPthe indictments. On
7s. 14.•' Four Haters of Oppression, 10s.; Only a that occasion the Recorder observed that in a civil case
Clod, Is.; 5.T.8., 2a.. J. W., 2a; Few Derby Lads, the grounds on which the application for the poetpone.
15a; C. Laoey and Friends, 3n.; • Domestic, £1 paint was based would not have been sufficient, huts,
; One who Feels, 10a; H.E., 2s. 64.; J. the case was a criminal one lie would grant the applies-
Goddard's first subscription £1 • Four • Corn. tion on the °leer understanding that the prisoner should
meroial Gentlemen, 10s.; nails, 3a: 64.; C.F.S., be prepared for trial in a mouth • and vet ii was only
r 4e.; J. Coxhead, 6d.• D. Gammon, lc ; on the previpus day. the 21st inst., Mr. Hemsley set
-Ratcatcher, 61; P. A. H. boles, 5..; Men at Mr. down the Chancery cause for hearing) on the 19th of
December. His Lordship had asked a question as to
Robinson's, Notts, 7a. 9d.; Foreigners and Dyepote, who had first commenced ,prosepadinga, audit was right
£1; H., Barrington-road, Brixton, 10s.; J. Burr and that the 'Court should reoeirn.lhf. non that
Friends, 145.; A. few Sympathisers, Se.; St. James, point.
chap. 6, var. 4, Is.; Common-sense, 45.; F. 8., Mr. Baron Bramwell: Ido net understand Mr. CAIO-
- la; Working Man, Lambeth, 2s. 61; ridge to suggest that the proceedings here ars not bond
Few Commercial Travellers, Li; Two Linoolnshire Met
Labourers, 61.; Two Sympathetic Bachelors, Is.; Mr. Coleridge: No, my Lord; for, without wishing
Will Fern, 2a; Posey Bills, 51.; Penitent Magistrate, to bandy eompliments, I mast assume that a peer of
61; Good Farmer, Is. 64.; Dorset Farmer 64.; J. Parlianmot would not inetante a prosecution unless he
K., 10..; 0. Blade, 35.; Oroydonian, 2.. 61; Ern. believed he had some ground for doing so.
ployes, Casten Printing-otfioes, 55. 64.; Three West. Mr. Baron Bramwell: I think noway usurne that of
moreland Lads, 3a; J. P., Liverpool, 2a; Twenty. any person.
eight Poor Men, Gondhuret, 145.; Arthur Mason, Mr. Haddleston would direct his Lordship's Attention
£2 2a; Longton, Staff, £14.. 7d.; T. G. R., in, 6d.; to the foot that the defendant left the service of the
: Anti•Stervation, 4s. 6d.; F. Ellis (registration fee prosecutor in 1863, Lord Shaftesbury haviug intimated
Sixpenny
deducted, 81), 44.; T. S. 6s. 44. to him that he meet rest. In 1864 there was a eon-
•
Hard* 24. fkl.; Working Man, Is,; Darkford, Kent, versation-between Mr. B ter and Mr. Hemaley, and
his learned friend (Mr. Coleridge) seemed to take,
25, gd.; Dr. F. R., 64.; Four Sixpenny Hardiee, 2e.;
it that in that itonveriation allusions were made to
Geergie's, 55.; Louise Pole, Se. criminal proseouton. As the question of priority
proceedings had been raised, bethought honed • right
,nconew HALL.-One of the chief improve. to read three letters from Mr. Hemaley to Mr. Water' ,
• small way at Sandringham Hall, has been which were found in the defendant', pooket when he was
,
ption of Reekitt's Diamond Black Lefid, se,„ arrested. Them lotto's would thew Whether the
g the stoves; no doubt it has added .• 1 to Chaaoery proceedings had bermisetittited no defeat this
to hernias* **aide of the PzlnesendPkl4NNs3f ProseBBtlB2, 88 for the PM* Ohlithtiee &decree for
(;:i3 ?I r. 1 r.l, • . I;,44tati4ilitt ,1.

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