The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1876-06-06 00:00:00

CHOWS AGAINST THE
.LANDLOILO AND 141NDL4DT OF THS

FOUNTAIN NOTITZ:

Water Hardy, Richard Hardy, and Jane Hardy, were
summoned for assaulting P.C. Cooper, at the Fountain
Hotel. Mr. Howard prosecuted and Mr. Atkinson, of
Blandford appeared for del ant —Mr. Howard re-
minded the Bench that during Yeomanry week, the hour
was extended to half -past 12, and continued that on Satur-
day morning, the police constable went int. therountain
Hotel, and required that the house should be shut up.
of a certain kind was used towards him, and he
lAwansi=ked down: he took one of the Messrs. Hardy
into custody ; there was an attempt at mous, and state-
ment& were than made that the constable was drunk,—
P.C. Coogh
th said that on Friday night and Saturday
and 110 Mar, he was in Kingotrest. on
duty, going on duty st six o clock in the evesaise. About
one, be went to Ilingotrest. One of the defendant&
keeps the Fountain Hotel there. TM doors were open,
whore walked in and went out in the melees; the front
door and the inside doors being open. The saloon was
called a bowling mama, hat was fitted up for ammement.
Several persons were on the stage one was playing the
piano, and another was dancing shout. Did net see any
VeseHe walk back into the and sew the
est walked
ant„ Richard Hardy, there, who mid "Out of tbis,
you —. or 1.11 kick your "He continued
Lava had enough of you—," and pushed him against the
tarn non. Witness told bun all be wanted him to do waste
turn eat all those who were net lodsysad close his doors
The other defendant, Walter came out, bush
witness by the coat. and mid " Out this f' They both
commenced pushing him about, and Walter struck him
lb his fist in the ribs, end several other places after-
wards. Witness told him he Mould Like him into
custody for assaulting him in the execution of his duty,
and up to that time witness bad not told him anything
mom, telling him to close the house. Witness took hold
of maser Hardy, and Richard came 4ityand wanted him
to let Mm go, but witness refused.
him, Richard and the other as well, with =nalltit
very soft blow,; they struck as hard as they were able,
Wibsas got Walter out into the streak he did not
antiond Is paias way. Ns sail& wawa, is the Nick

of the neck. and finding that lie could not get away,
hied to trip him no, and broke the knee of his Unwary,;
then called out tolhow inside, several of whom rushed out,
pitched upon him, got him down in the road; and witness
reoeived numerous kinks *hoot the head, neck, and loins.
The wife of Richard Hardy mashed into the crowd, and
took him by the hair of the head. One of the men who
kielesd him was named Fisher. and there were several
others who did so. One of the blows received was be
the aide of the heed, and the place was black for a
'yea: there was also • slight bruise on (ho loin and on
Rielinr.l Herds rune uo and tdd hi+ brother-
in-law he had better en quiet, It 1111 Weit-r said lie would
do um They went a little distance, when he swung him-
self to get out of his grasp. They closed with each other,
and fell. At last they rerun down to the station, after
wisoner had tried to get away at the loyal lintel Met
P.c.'. Bartlett and Delarnont They came back to the
station with him, end afterwards saw Sergeant Harvey.
At the station both Hardy's charged him with being
drunk, and on that witness went with the sergeant before
Dr. Timed and Dr. Simpson. At nine o'clock that
evening he came off duty for refreshment, hut took
nothing, and went back at 10. Had • glass of beer and •
ghee of gin. On the way to the station the prisoner
(Walter Hardy) said the witness was drunk, and could
scarcely walk, and at the station said he wished the
magistrates would allow him to go and hive it out with
him, and settle it that was.—Crose-examined Had been
about four years in the Weymouth police force, and had
been suspended twice, the first for having drink, and the
second through a quarrel. Did not make more than one
visit to Mr. Hardy's house, and went about one, only •
few minutes from it. Was at the policeatatien about
bill .past one, and about a quarter before two before the
doctors. Went to Dr. Tigard first, and afterwards to Dr.
Simpson. Did not go to Kr. Hardy's house about 12.
Did not see Mr. Hardy till after the altercation. Could
not say whether the bar wan closed or not. Did not see
Mrs. Hardy or anyone else there. Did not tell Mra
Hardy he came in because the outer door was open. Had
heard they had • horse die the next morning, but Mrs.
Hardy did not tell him the door was left open for a man
to come in, because they hails horse ill. Did not hear
any one say he should take down the names of any one
there, to see if they had others there beside lodgers.
Did not point to Walter Hardy, and say "You are not a
lodger; I sin bound to have somebody, and I shall have
you. Did not hear Mrs. Hardy say "That is my
brother," nor did he answer "You are • liar; I
suppow yoe are all brothers."—(Somebody hero knocked
on the floor, Is way of applause, and the Bench, Mr.
Atkinson. and Mr. Howard expressed their disapproval
of such conduct, the Bench threatening to have the
person who did it turned out.)—Witness continued: Bid
not say "The first man that comes out I shall take him
to the station." Did not touch Walter Hardy till he
struck witness. Believed somebody called for (hr boots
to fetch Mr. Vickery at once. After they were through
the folding doors be dragged out Walter Hardy. Did
not think it was his duty to summon the man after an
amnia The defendant closed the doors, stood at them,
and held the handle of one door. The landlord did not
nay "how can I open doors that have no fastening r
Had the beer at • house in Parkstreet, Beckett's, and the
gin at the Terminus Hotel, kept by Mrs. Barnes. Had
only one glue of gip there, in the presence of a person
named Lenteep.rd, whom he believed to be • prostitute.
It was two y-worths ,• it was one glass supplied
twice. The gin was paid for through • prostitute named
Langford; it was between 12 and half-past. The woman
Lsagford wan inside when he was pawing, and she told
him there was sixpenny-worth paid for. He said "If
I have anything ru have threepenny-worth of gin.'
She also told kiln he might as well have the other. She
oaked him to have the other, to "wet the other eye,"
and he took it. Did not go into the Somerset. Gave
some man led., but did not know exactly who he was.
Did not know it was Oliver Griffin. Believed this was
about 10 minutes past 12, afterwards want up King-
stree., but not to Mr. Hardy's. Walter told Richard
" Kind, whatever you do, don't strike him, for he is •
policeman;" but that was after he was tired of striking
him. —Re-examined Both Hardy's struck him before he
put a hand near them, and before he had time to tell
them to close the house. Had the gin because he was
told a gentleman had paid for it The gentleman'. mune
was mentioned.—As to Coopers having been suspended
for drinking, Mr. Hower,. for Mr. Vickery, explained
that Cooper was not on duty when he had it. —Dr.
Tizard said that Cooper came to him early on Saturday
morning, between two and half-put with Sergeant
Harvey and another policeman. Witness eseraintd and
found him quite sober.—Cross-examined: Could not say
he had not been drinking. Should say if a man had been
drinking, and afterwar& used violent exertion in bring-
ing a man to the station, that it would not sober him.
Mr. Atkinson: Then I have done with you. —By the
Bench: Saw no marks of • scale on him—Sergeant
Harvey was on duty that evening, and saw Cooper
between g and 10, and afterwards Ile was sober, and
was also sober about one. Inconsequence of a charge being
made against him he went to Drs. Timed and Simpson.--
Crow-examined : Saw him about one in the station.
Wu fetched out of his bed, and came down about half-
past one, and took him shortly after to the doctor. Could
not see that he had any liquor about him; he was calm
and cool. The parties charged him with being drunk, and
witness took him to two doctors, because two opinions
are better than one.—ln answer to Mr. Ayling, Mr. Arden
said the hour of closing WU half-past 11. Mr. Ayling
added that the time of extension was up on Friday.—
Witness re-examined: Was quite certain Cooper was not
drunk. —Dr. Simpson said that on the morning of Saturday
week, between two and three, P.C. Cooper came to him,
accompanied by Harvey. Witness examined him, to see
if he was drunk. Formed the opinion that he was not
drunk but from his breath believed that be had bad drink,
that be was thoroughly exhausted in mind and body, and
though not incapable of doing his duty, that he was not
exactly as he might have been. —Cross-examined: This was
just before three; but witness did not think that he would
show at 11, that he was much more in liquor. Ha answered
all questions coherently and witness smelt his breath. He
seemed quite fagged out: but was not drunk. —Mr.
Howard said be had something like six more witnesses
to show that Cooper was not drunk..—Mr. Atkinson
admitted for all purposes, that Cooper was not drunk.
Mr. Joseph Keeley. of the Sun,_saw Cooper in his house,
shout twenty minutes past 12 that morning, in the
parlour. He stood upright for • minute or so, two or three
asked him to have • glass of beer, and he refused, and
went out again. At that time he wan quite Near. After-
wards witness was called up in consequence of • noise in
the street, and looked out. Cooper had some one in
custody, and witness heard him say, "Come along
quietly; I dare say we shall be able to square it, down-a-
long. Saw some people come out of the Fountain and
then saw Cooper down in the street Believed Walter
Hardy would have gone along quietly, if some one had not
come out of the Fountain. They were tumbling one over
the other, and witness called out of the window that it
was • scandalous shame, and they should not do it if he
was down there. Some one called "Mr. Keeley," and he
went to put on his clothes; but his wife prevented him.—
Crew-examined: He and Mr. Hardy were not on very
good terms ; but witness did not encourage the policeman
by saying "It serves him right" Had not said he thought
it was Richard Hardy. Had said "I am very sorry to
come down against you, Walter; I shall not come unless
I am summoned;" but had not said "I thought it was
your cousin." Had said "11l knew it wan you, Walter.
I would have shut the window down, and seen nothing."
—Frederick Woodsford, about quarter past 12 WM in
Crescent street, and Cooper came into Mr. Keeley's.
Witness asked him to have something to drink; but he
refused and let the house. At that time he a
sober. - For the defence, Mr. Atkinson called Re:it
Reed, waiter for Mr. Hardy. during the Yeomanry week,
at the Fountain. On the morning of Saturday, 20th, at a
quarter past 12, he left his work. At the time he left, the
bar was closed, and there were no strangers in the house,
only lodgers. The bar wan shut, and the side door was
open. The company were in the howling saloon, but only
lodgers.—Henri rusher, of London, pianist, was at the
Fountain on the morning of Saturday. Ile was leaving
Mr. Hardy's hall, and they were going in to sumer. They
were going in with Kr. Hint, and Kr ktmai, Cooper
and was told that only lodgers ware there. Ile
would not believe what they said, and Mr. Richard Hardy
told him they were all lodges Witness noticed, being
sober himself. that Cooper was thoroughly intoxicated ;
he was "tight." He suggested that Cooper should take
the DAMS& of all there. Cooper told Mrs. Hardy that she
was a liar, and witness asked Cooper if he could
write, as if he could not, witness could write for him.
Kr. Hardy became excited and Cooper said "I
said I mean having you-- Mr. Walter Hardy "naturally
ob an jected,"d tried tofget away. "Theirfriend Mr.c
objected to it, and sometimes one was down, and some-
times one was down, and sometimes the other. Cooner
pulled him in an extraordinary way; and witne miia
him to let Mr. Walter Hardy go, as he would then go
very well. Did not believe that Mr. Walter Hardy
struck the policeman, for witness told him not to do so.
Did not Dee Mrs. Hardy take hold of the policeman's hair;
she add " This is my brother ; why do you want to take
him r Did not know if Mr. Walter Hardy !struck the
policeman. Should have known if he had, as he was
" conducting the whole affair." They tumbled in the rood
together, and'enjoyed themselves. xamined : Was
conducting the whole affair; was walking about, did not
like danger. "Conducting the whole affair" was his
professional way of putting it; did not look like it.
Could not tell who went out first —" You've got a very
shaky case; excuse me." (Laughter). Asked the police-
man in a Snafu] way to shake hands, and told him he
liked soldiers; but the policeman did not see the joke ;
perhi he had been sober he would have appreciated
it hter). Saw the policeman take Walter Hardy.
Everybody was out together. Witness did not touch the
policeman, he never (ought: did not believe the others
did. No one opened a window or cried "sc,
shanse r—me witness gave his evidence in a rather
garrulous way, and Mr. Milledge said he believed the
witness was druok.—Kr. Fisher said he was "'comedian
on the stage, and a comedian off the stage." He sincerely
hoped the justices—The next witness Was called. —Mr.
Frederick Charles Webb engaged a bed of Mr. Hardy,
and went out into the music room, where the musicians
were amusing themselves. Cooper came in about one
o'clock, and some little farce took pima) between Kr.
Fisher and the policeman. After speaking about the
lodgers, ha said the policeman refused to take the name.
and Mr. Hardy asked him te go; but the policeman
refused, and Mr. Hardy told him then he must stay for
the inspector. Afterwards he saw them outside, Mr.
Walter Hardy geld he was being choked, and they asked
the policeman to release his hold. The policeman refused,
and told Kr. Richard Hardy that he would have him
also. Richard Hardy said "Whatever you do, don't
strike him," and witness did not believe any blows were
struck.— Cross-examined: Did not hear the policeman
Nay "Don't kill me." A window woe opened, and a voice
said "Oh I all on the policeman r The policeman looked
upend said "Just come down here • minute," but his
voice was rather thick.—Mr. Atkinson said that the
policeman collared Kr. Walter Hardy, and dragged him
Into the street. Thin withdrew the charge Against the
policeman of being drunk: but they could not otherwise
account for his conduct. He asked the Bench to dismiss
the case, when the whole matter would conclude, other-
wise he would here to go into the other cases. —After con-
sulting in theadjoining room, the Bench reserved their
judgment, and would hear the other case.—This summons
had been taken out in order to let the Bench hear the
Hardy's' statements on oath.

P.C. Cooper was then summoned for assaulting Mrs.
Harely.—Mrs. J. Hardy, wife of Mr. Richard Hardy, said
their side-door was open, and the policeman came in.
The her was closed about • quarter-peat 12, more than an
hour before the policeman came in. He said " Why is
your door open. Mrs. Hardy r and she replied that they
had • horse ill, and they had left the door open to get
some water. He also said they bid more than lodgers
there, and she replied 'You can look in my private room,
where they are having some supper." He went in and
asked who that gent/eosin was, and she replied that it
washer brother. Cooper replied that she was a liar
be supposed they were all brothers, and he dragged oat
her brother. She sent the boot' for Mr. Vickery, saying
that if he were there, there would be no such disturbance.
They went out into the street, seemed to have words,
and she heard her brother say that he was choked.—
Cross-examined: The disturbance was in the
When Cooper was wanted to take the names 1:7:%;
would not, and there was a disturbance. Al! volunteered
to go down to Mr. Vickery, and give tasty names in.
When in the street they wanted to get the policeman
away quietly Cooper pushed her away from the door of
the room where the people were inside—Mr. Richard
Hardy said Cooper came in, and he said "For gracious
sake, Cooper: don't come bothering; I have no one here
but lodgers. Glover replied that at was all stuff, when
they told him to go into the room and take the names.
He would not take the lames, but went in, and Mr..
Hardy said Walter was her brother, when be replied.
"You are • liar." He said "I can't stand this,
my house."
you are talking
.to my
sted onwkiile you tiLusrt !onloocutk..,el
that had no lock on it, and witness 112 "Why, the
door is not locked r Cooper dragged out Walter, and in
the street they tried to get the policeman to let him walk
quietly, and practised they would all go to the station. He
and his wife sent the boots to the station for Mr. Vickery.
Ne blow was struck except they called trying to get the
policeman's , hand off Wel* scaler a blow. —Walter
Hardy, brother-in-law of Richard,corroborated the latter.
Cooper said" I masa having somebody, and ru ban you."
Witmer complained at being choked, and asked to be let
Le but the OW= aid "I',. get you tight end Idea's

mean to let YM, go."—Sidnev Philips. the lx"341• als
corroborated. He heard the dlstai+eince in the
Croltretsonined : Did not hear Mr. Richard Hardy=t
did not want to be bothered with a poliesteall,
nor that he
had had enough of him ; he must go.
Walter Hardy had done nothing to induce the policl==
to seise him.—Mr. Howard said be abandoned any MOE
against Kra Hardy. No doubt there wag a great deal of
excitenient, and excitement got the better of discretion
In course of his argument he created a good deal of
I laughter by insisting on the evidence of the witness Fisher
' (whose manner in the box had mimed softie amusement)
as • most weighty and responsible witness, whom UN
defence had been at the trouble of getting down (rein
London, at considerable expense. Me did not press for
any heavy penalty : he was conducting an open enquiry
to ascertain the facts, and he argued that this was
• very proper case to bring before the Court.—After
retiring for some time, the magistrates returned. when
Mr. Ayling said, Noel( and brother magistrates haregeno
Into this came, and we have come to the following resolu-
tion. We have done so taking into consideration the
excitement of a meeting on the part of the Yeomanry.
There is no doubt that some little degree of feeling existed
between the various parties on the occasion ; but. however.
I can only say that we have unanimously come to the
following declaim), and the decision of the Bench is—
During Yeomanry week we HrO willing to give publics=
every license consistent with the interests of society. The
policeman had no doubt a right to enter the house. and
was justified in his discretion to take Walter Hardy into
custody after Inving been assaulted in the execution of
his duty. Walter and Richard Hardy are fined Its, each
and costs, the charge against Mrs. Hardy is dismissed, the
cross summonses are dismissed, and we exonerate the
policeman Cooper from the charge of drunkennesa.—The
decision was received with some relief by • crowded Court.
after PO long waiting, for the case occupied till after three
o'clock.—Richard Hardy attempted a little fun by asking
if he should pay the fine by instalments—whether he
might be allowed time ; but Mr. Atkinson jocosely threat-
ened him with his stick if he did not be quiet, then, said
he. there will be another charge of assault.
BOROUGH PETTY SZERIOER Saturday—Before Mr. J.
Ayling and Mr. W. Talbot.
A sailor named William Overell !was bronchi up for
being drunk and riotous on the bridge.—P.C. Horn about
five minutes to 12 last night, saw some people on the
bridge, and went to move them away, Prisoner and two
prostitutes were there, and Overett made some remarks
about the Royal Artillery lust as some artillerymen were
passing, and there was likely to be • quarrel: then
would have been if they had not been restrained—Fined
ss. for being drunk.