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

EXPRESS AND AGRICULTURAL GAZETTE, TUESDAY, -NOVtllli3ii 28,

made Ils. But he is now in service, I have nothing
from him, I have told no untruth. Isn't it correct,
Mr. Bartlett, that the only extra shilling I have
earned since harvest, besides my Ss. a week, was
when I worked one week at tut•work ?” Mr.
Bartlett owuld not, he said, say whether he bad had
one week at tut-work or more without looking at his
work-book. The prisoner said, "I know." Now,
may I ask Mr. Bartlett, when he says Croaa's weekly
earnings during the past twelve mtinths have averaged
1 ls. a week, whether he has not included the boy's
3s. in that amount? If so, John Cress should be put
down as having 10 mouths to feed instead of 9.
The Bench : "Then prisoner, as one of your children
is in service, you have now only six at home."
Prisoner : "1 have seven." The Bench : "You
have seven without the boy who has gone away to
service ?" Prisoner : "I have." Mr. Bartlett said
he knew the man was a little behind—the fact was,
there was bad management at home. I don't know
what the " bad management" is—by which I under-
stood Mr. Bartlett to mean "extravagance ;" but I
think it would be an interesting study for our
philanthropists to find out how nine persons can
I save money with an income of 7s, a week. The
Icrowning point came at last. One of the magistrates
said, "You say, Mr. Bartlett, that the prisoner dean
all your thatching ?" Mr. Bartlett : "He does,
sir." Magistrate "I know a farmer who paid his
thatcher the other day £lO for his thatching.
Prisoner, you are committed for ,14 days." What
capital logic, I thought, for a dispenser of justice.
Because somebody, somewhere, paid his thatcher
£lO for thatching, John Cross consequently got
something like a like sum. I myself could have
told the worthy 'Squire that I knew a farmer who
pays his men 14s. a week, oonsequently, by a parity
of reasoning, John Cross was receiving a like sum.
He ought to go to gaol. I give you my name sad
address, subscribing myself, gentlemen,
"LIVE AND LET LIVE."
Tuesday, Nov. 21st, 1865.

THE CHARGE OF EMBEZZLEMENT AGAINST

Mr. Coleridge must at once announce that if his
learned friend read those letters he would take it upon
himself to state the conversation between Mr. Baxter
and Mr. Hemsley, because there would be an end • of
confidence.
Mr. Huddleston was instructed by Mr. Baxter to say
that he had no objection to the whole of the convers,
tion being stated.
Mr. Baron Bramwell: But the public have an intereat
in the sacretinesi of oonfidential oonversations. I think
that when one man proposes to another to have a con-
fidential conversation with him, the person to whom
such propos.' is made may very properly decline to en-
rtain it; but it he accepts it he ought not to repeat
what has been said mnfidentially, seine something
occurs subsequently to deprive the conversation of its
confidential character. My object in asking the question
to which 141 r. Huddleston refers was this—when a man
is charged with an offence you must suppose that he
will defend himself even by improper means if necessary,
and therefore I thought it most important to under-
stand whether those Chancery proceedings were in-
stituted before or not till after a surmae or threat of a

proseoution.
Mr. Coleridge thought it right to state to the Court
' that though the bill in Chanoery was not tiled till
August, 1861, the suit was instituted on the advice of
' counsel taken in 1863, who gave an opinion that under
I the true conetruntion of the oontracts Mr. Waters was
I' entitled to his claim thereon. This was sworn to by
Mr. Herusley.
Mr. Barou Bramwell asked whether the advice of
counsel referred to in Mr. Hecosley's affidavit extended
to an opinion on the matter of amount.
Mr. Coleridge presumed that it did, but the wording
of the affidavit was ambiguous on that point. It did
not state the exact nature of the suit which counsel
advi,ed, but said the suit was instituted on the advice
of the counsel, whose .minion was given in 1863.
Mr. Huddle,ston submitted that if his Lordship ac-
ceded to the application for a postponement, the trial
must he put off for an indefinite period. Mr. Henry C.
Corfield, solicitor and managing clerk in the firm of
Messrs. Baxter, Roce and Norton, had filed an affidavit,
In which he stated that the suit could not be expedited;
because, from its nature, it eould sot be brought on a*
a snot cause, while, moreover, it might become neces-
sary for Lord Shaftesbury to go into evidence and cross:
examine Mr. Waters on affidavits. Mr. C,orfield further
deposed that Hr. Hemsley had not used the expedition
Lie might have done in bringing the suit to a hearing ;
and he stated as his firm belief that three years would
be consumed in taking the account in the Court of
Chancery. This being so, counsel thought the Court
would see that the application was one which ought not
to be acceded to.
Mr. Giffard said an averment had been made on •
former ocea-lon that the Chancery proceedings had not
been instituted till after the threat of • criminal prose-
cution. No auswer had been given to tbat averment;
and he had to remind his Lordship that the defendant
had undertaken to be ready to answer indictments in •
month from August last.
Mr. Coleridge did not hesitate to say that as far as the
indictments were concerned his client was as ready to
answer them now as ever he could be. and he had been
so at the end of the month. He did not apply for a
poatponement on the ground that his client was not
ready to answer the indictments, but on the ground
that the Chancery suit ought to be disposed of before
Mr. Waters was called on to answer the criminal (bargee
One passage in the affidavit made in opposition to the
application went very for to support it. Mr. Corfield
stated it would take the Court of Chancery three years
to go through the amounts. From that statement his
Lordship might form some idea of the voluminous
nature of those accounts; and as they were so volumi-
nous, would it be fair to take five or six items and saYs
'• We shall convict you, because you cannot explain
these?"

Mr. Baron Bramwell : I have an opinion of my own
on this application; but I shall go into the other court
and consult Mr. Justine Byles. I should like to know
whether counsel for the proeecution still oppose the
application. Do not suppose I am implying that they
ought not to do so; I am merely putting the question.
The learned Judge having consulted with Mr. Justice
Byles, returned to the bench and said,—Mr. Justice
Byles concurs with me in thinking that this application
should be refused. I think it sufficient to state that
without giving any reason., for our opinion, as I should
be very unwilling to say anything which might have the
effect of prejudicing either party. •
Mr. fluddleston : Lord Shaftesbury having beard the
application, desires ine to day that rather than there
ahonld be the alightest suspicion of an unfair desire on
his part to pro eoute Mr. Waters, he somients to the
application. Re wishes tho,ti Mr. Waters ahould not be.
prejudiced in any way.
Mr. rou Bramwell: Very well; let the consent be
taken
A c on having arisen as to the date for which
the tn io d be fixecL

Mr. Bar. Bramwell said: It appears to ins that this
trial ought not to be put off indehnitely, because, with-
out surmising anything to the prejudice of Mr. Waters,
I may observe that the Chancery suit might be by
possibility protracted for years, although it could be
brought to a conclusion.in.a much shorter
.time.

Mr Coleridge assured his Lordship that 'Mr. Waters
was prepared to accede to any arrangement which would
ao,elerate the hearing of the Chancery suit.
It was ultimately agreed that the postponement
should be until the April sessions of nett year.
. .

Mr. Coleridge observed that it appeared to him the
matters of account might be ascertained by two account-
ants to be agreed on by the parties.
Mr. Baron Bramwell : The same thing occurred to me,
Mr. Coleridge. Let them agree as far as they can agree,
and d,ffer when they cannot take the same view of the
matters pet before them. But the settlement of the
general questio, of a balance would not dispose of the
charge of embezzlement.
Mr. Coleridge: I did not say that it would, my Lord.
Mr. Baron Bramwell: You did not, Mr. Coleridge.
You argued the oase very fairly indeed. But you know
that my master may owe me £l,OOO, and yet I may
embezzle 55. of his money.
Mr. Coleridge: No doubt of it my Lord. That is the
law.

An order was then made for the postponement of the
trial till April, 1866, Mr. Waters to remain at liberty
on bail in the meantime.

1865.

mined to make the parents an offer fot the person of Tee Poreign•offloe has replied to the memorial elf
their daughter. nu sum of - thr3e thousand rupees the Landon merchants in reference to the blockade ell
(£300) was the tempting bait which was to make them the Chilian port*, sealing what has been donet_ead
drive their little fish into the Nawab of Bhatwee net, expressing an assurance that the Government will as.
and the experiment succeeded. The father a , greed, for their ' beet eadeevoere to bring the affair to • "peed,
and in consideration of three thousand rupees, 'to corf- teimination. The Naigmensi Gazette states that fifty
sign his daughter for her life to . the tender' care of letters of marque have arrierei WI New York from Cider
Kumaloodeat The bargain Irming been struck, the in which ease Spain will find it advantageous to with.
contracting :parties made the be,t tbeir as,' to draw the ak,akaoag Got.
Blistra, whare'this child of fourteen, the °flaring of
pvenol/2 and •dalightar,,r the oariaelmtabwreh AN USPIHISIDITATIOVertiriIt.--The butcher, baker.
•aini fishmeager, 'who had been engaged to supply the
er.a handed oi,er to bar purchaser, .and the delicate-
of N Y Weis flailed IF
isw or (4v Nil from Liverpool on Wetlnees
minded parents bccathe the Tapp, paleemor• of •3,0 atit'he illhietytifeldeldbfdr eci ew steamer a
rupees. At this stage of the psoe.eedings a clergyman, day,
were carried off to sea in the steamer, haying
ropethe chaplain of Itsjkote, to whom the cilcumstance was
rted, tried to Interpose between the unnatural, eeileeeed to have da.efrae. dietiff pie was alawias,
to Tate in tmeesy time PI it. Borne week' mud algae
and the
.unfortnnate tradeemenare likely for a few days
parents of Anne and her -la.nstal Wilmer. by calling
upon the political agent Kettyawar eXeeclee his
authority and rescue the chili from the destruction toln"leas 'hey Art ploir"d off) bolero they again rejoin
which, body and eonl, she was doomed by her natal their wives and families.
guardians. Anne, after tshe had become the brew' Tat rooms home tem swotted a
new kw a
property, was solemnly made to abjure the errta of the enailementi Them past vredtilng party which mewled
Christian church, and formallyicceived intosiontrandeh .fretn .NeW York lam beHreti be November 8. Two
with the follo,wers of the true prophet. 0,31;11;41. -peewees eeseementierthe bride and bridegroom. After •
officer, it is sald; depnted his jeutedar to be protein at pleasant erui-e the balloon safely descended about
the ceremony,, end this funettemary brought him a full sunsets •/ 1-at doubt balloon wedding tours will be ka
and particular amount of all that took place on the verge. may be of use. A woman who will
°emission. The next step in regard to the child was to rmaaragor the rha must oars o mu, for the mut ob.
marry her, after the Mahoinedan fashion, tobee.pqr aqwj
-
chaser, but before this Interesting ettremony (*hit t; we
4 LsitOlt arid enthesamek Deform meeting took pleas believe, is not regarded 'quite in the light,, of A 17.-
went by the sons of peacel'hereetivformet 0,6 1.
• eatThielford on Wedneeday when resolutions were
officer is reported to have caused the youablet held*. Plue.
d declaring the 4o be a fitting time for
o:Di_urc.ing. • Reform .BilL iferForster, member fee groom, tint tented seventy. to draw up a marriage
settlement, by which the new light of the harem as SA
cured in the possession of an income of „rupee* two . 117•
,' datim:tt BceletarY
meetinq. and espeellred his oonfinen
the would Isring iasehtiaprehensive intaaffita thoutand and odd per annum, iucluding an ttern of.
ofa Parliamentary Reform, tad helkend or fall by thirty rupees."fer• pan and aooparee, which may be
looked rt as an equivalent for pin money. The also said that the Government Bill would give the
workiarmeat..a real and adietautred there in the reps.-
political
agent,' however, was hot satisfied with thu
provisien for the present wants of Anne and, being_
rar.eiebted man, be took care to secure t:er, againsElthirter-Ill&L-BWE't, ht.P. ON PAHLTANINTANT RIEPOILY.—
unpleasant meddent, such as desertion for instance, that letter IfteatAfr. Bei:davits-NM at the Reform meet-
might happen in the future. We muted' another de' at • Birmingham on Thareder night, in which be
to be dream up, by whicth it is stipulated. that, in th
a TO7 etitifull be wee the unenfranchieed
event of her being at any time banished from' this tines making Wee) 40OSOeNtaltkAal on behalf of their
bleeped abode of virtue. the harem, she bite reeeive, for pelltiu/- right& Ths roidorillt of the elector' are
the term of her natural life, the lanichsome ellowanee of willing to &fake& A large pertain" of what you wish ;
as. 250 per mensuitet.ores. 3,000 Per enehm• but it is tmemeary yen shield Mete your voice heard
in the math r. I believe, too, Vat the goveremeet Is
well disposed; but they will temmre help to enable
them to tarry any good measure through parliament."
11•1111 IND ON NOT'MANIIIND.—WbiIe • couple WOWS
being learned in Preetoi Chtiteh the other mornin&
the mot er of the years key, who was under age.
rushed into the cherish and forbade the wedding. Me
officiating mini ter at °nee steeped the service, and
the igh he bridegroom had viesenneed the w
"Wish the ring, I thee wed," declared Vat no legal
marriage had taken place. Sinai then, however,
matter has be •n ii 'cussed at a meeting of the • lam
and the unanimous decision 'they arrived at was, that
the couple had been properly and lawfully excreted
aeouniing to the rit e of the church. Pb. point ia a very
ticklish one, and will probehiy hart to be settled is Cs
law courts'. • . • -