The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1865-07-25 00:00:00

DORSET MIDSUMSIER ASSIZES.

tier Majesty's Judges, Mr. Justice Keating, and Mr.
Justice Willes, commissioned to hold these assizes,
arrived in Dorchester on Saturday. It was expected
that they would have come from Salisbury by the train
due at the Great Western station at 12.50 p.m., and
the High Sheriff (W. Firyrner, Esq.), in uniform as
Deputy-Lieutenant of the county, with the Under
Sheriff (F. C. Steggall, Esq.), the Sheriff's Chaplain (the
Rev. C. Lock, of Padilletown), and the County Clerk,
(G. J. Andrews, EN.), accompanied by the usual retinue
of javelin men and trumpeters, were in waiting with a
richly decorated carriage, to receive their lordships.
The judges, however, did not arrive, and the vooession
passed on to the South-Western Station, anticipating
their opaiing by the 1.15 p.m. train. Here again, dis-
appointment awaited the High Sheriff and his train,
and they returned to the Great Western station to
await the appearance of the 2.15 p.m. train. At one
o'clock there was a goodly number of people assembled
to witness the judges entrance, but their patience was
soon exhausted, and at twenty minutes to three when
the train conveying their lorchhips arrived, there were
but few persons in the neighbourhood of the station.
However, the streets were thronged with curious
spectators as the procession passed to the judges' lodg-
ings, adjoining the Shirehall. After a brief interval,
Mr. Justice Keating proceeded to the Crown Court to
open the oommieeion. The usual formalities were
observed, after which an adjournment was made, and it
was announced that both courts would be opened at ten
o'clock elk Monday.
On Sunday the judges, accompanied by the High
Sheriff, and the usual retinue, attended morning service
it St. Peter's Church. The mayor of the borough (Dr.
Aldridge), with a few members of the Corporation, and
the TowitClerk, were also present in their official robes.
Prayers mere read by the Rev. E. W. Pears, rector, and
the Rev. C. Lock, sheriff's chaplain preached • sermon
from Acti iii., 31, ou the Last Judgment.

MONDAY.
CROWN COURT. (Before Mr. Justice It gAyriro.)
This murk was opened at ten o'clock precisely, when
there was a large number a magistrates in attendance.
The follosring gentlemen were sworn on the grand jury :
John Floyer, Esq. (foreman), W. P. Okedon, Eaq., R.
Williams, Paq., H. N. Middleton, Each R. IL
Swaffield, Esq., J. Gundq, Esq., G. Whieldon, Esq.,
C. W. Digby, Seq., J. H. Calcraft, Esq., H. Frampton,
Esq., J. J. Farquharoon, jun., Esq., H. Williams,
Esq., H. C. Goodden, C. J. Parke, Esq., G. Cartwright,
Esq.. H. P. Cambridge, Esq., E. H. Smith, Esq.,
J. E. Bridge, Esq., L. G. St. Lo, Esq., M. Williams,
Esq., R. if. Eliot. Esq., 8.. P. Foatherstonhaugh, Esq.,
J. W. P. Eyler, Esq.
The proclamation against vice and immorality having
been read, his lordship proceeded to deliver the

_ 'a
CHARGE TO THE GRAND INQUEST. wife hadloalpcVa him that she bad told the chaplain an
He said that he had to congratulate them upon the untruth an to the number of husbands she bad had.
state of the calendar, and be did so very sincerely. There The Rev. B. L Watson, chaplain of the gaol, said he
were but seven cases for trial, and of those there were had seen • greet deal of prisoner's wife lately, and he
but !woof any great gravity. Thin was • state of things, iconfensed that he could not believe any uncorroborated
which—although a Quarter Sessions had been held statement she made, even upon oath. She appeared to
recently in this county, and making all due allowance be ignorant of the distinction between truth and false
-
for the relief given to the gaol by that delivery—he hood and seemed to have no moral sense. Dr. Murphey,
must say, reflected the highest credit upon the county asnieriant-surgeon to the 75th Regiment, saw prisoner at
generally and especially upon those interested in the the guardroom, after the occurrence in question. He
maintenance of its peace—the magistrates and found him labouring under great mental depression, and
others so engaged. He had said there were but very weak and desponding. In cross-examination he said
two cases which presented circumstances of this arose partly from drinking and partly from nervous
great gravity. One was a case of attempt to murder, exeitement. Twice since prisoner tried to commit suicide
but the crime was scarcely due to the county of Dorset, by abstaining from food. Dr. Good said prisoner came
because it was the case of a soldier quartered in the under his attention aboutthree months' since. When he
county, who was charged with attempting to murder his first saw him prisoner was in a very excited and depressed
wife; and, if the wife was to be believed in the state- state. From his manner and appearance be doubted
ment which she made, no doubt the circumstances were the state of his mind, and considered it to be his duty
well worthy of their consideration. He need scarcely to order him to be placed in the infirmary and strictly
tell them that in order to find a bill of attempting to watched. Prisoner had been in the infirmary the whole
murder, there must be grounds for supposing that his time; had now nearly recovered, and was in a right
intention was to take the life of the woman. If her state of mind. Capt. W. Hume said: As a shot
life had been taken, it would, beyond all doubt, have prisoner was in the second class, and was a very fair
been murder, and certainly the circumstances disclosed shot up to 300 yards. He had known Mrs. Heap
by her evidence tended to show that such was his intent, for three years, and would not believe her on
They would, he thought, have little difficulty in finding her oath. Prisoner read a long defence, in which he en-
s bill in the case, in order that the circumstances might deavour to show that he disoarged the rifle, not with the
be further investigated in open court. The other case intention of injuring his wife, but only to frighten her,
was one in which the commitment was for attempting 18 he had been exceedingly annoyed by her conduct.
to murder a child. It was one of those painful oases of The jury retired to consider their verdict, and, on re-
premature, sudden, and perhaps, unexpected delivery, turning to court, gave a verdict of guilty, strongly re-
in which the child was pot away by the mother in a commending the prisoner to mercy. The judge asked
manner certainly calculated to affect the child's life. what were the grounds of their reeommendation ? The
Ultimately, happily, it was saved. Of course, to nen- foreman said—the excitement prisoner was under at the
yid of attempting to murder the child it would time and the provocation he had received from his
be necessary there should be evidence of the wife. Prisoner being asked if he had anything to say
same intent as he had pointed out in the former why judgment should not be pronounced, said it was
case. That such intention was present to the known only to God whether or not he intended to kill
mind of the mother might be well doubted ; however his wife. The judge said it was the province of the jurythat would be for their consideration. He should and the jury denote say whether a prisoner was guilty
cause another bill to be prepared and sent up to them, or not ; they had found him guilty, and the sentence of
under 24 and 25 Vs., o. 100, a. 27, by which it was the court was, that he be kept in penal servitude for 15
made a serious misdemeanour to ahead= or expose a yeete.
child so as to endanger its life or health. He thought
THE CAM OF na. waTERS,
it would be aide to send up both bills, in order that the
The grand jury found true bills with regard to the
indictment might be adapted to the circumstanoes of
several indictments charging Mr. B. S. Waters with
I the case as they appeared when investigated. There embezzling monies of his employer, the Earl of Shaftes-
wss another case, though not a very serious one in busy, amounting to several thousand pounds. Mr.
itself, to which he wished to draw their attention. cele, who appeared for the prosecution, observed that
It was a case in which a woman was committed as • rule had been obtained to remove the case to the
for stealing money am • bailee. There Val a Central 'Criminal Court, it would be necessary to
comparatively recent Act of Parliament, that got rid of
call upon the prisoner to enter anew into reeOgnitelleell
a difficulty which formerly existed when a pence, being
; for his appearance, and to enlarge the boognmanees of
*bailee, violated his trust, and appropriated the pro. the witnesses. The prisoner then surrendered, and the
perty to his own use. There was a difficulty in making
two previous sureties were bound over again for his ap-
pall a case one of larceny till the recent statute. After pearanoe in £2,000 each and the prisoner in £1..000. He
bbpitulating the circumstances of the ease, his lord- was then allowed to leave the court. Mr. Cole then
ship intimated that there were legal difficulti.es °gab', applied to his lordship to order an allowance of ZIO to
Mal6nif this • ea" oflarceny, but it "'Hum
hiss that it might be obtaining money by false volved in taking the depositions in this case, the inquiry
fences. There was another case in the calendar, and he into which lasted six days. His lordship did not feel
understood the bills wouid be sent up for their considers-
be had any power to grant the application.
tiOn ••
;itW" • •• in 'flinch • Pen?"' named Robert This concluded the bills, and tbe grand jury were
Short Waters was charged with appropriating very large thanked for their serwieoll and discharged.
rams, belonging to his employer, the Earl of Shelter
bury, at different tinted, in different sums, and under WITCH STKALING AT SHAFTLIBURY.
different cesnusneteuees. andel,* &emu were „mummy Scarborough Rutter, a yarn( man of ;especiale
varied to tompearance was indicted for stealing a watch and chain
stances in each carte. h MOM mounts t meat what acaughteet t° he the *earn.be *barge was at ' e y Shaftesburi the of Thomas Parsec& Mr.
obtaining money by false pretences, in others larceny. (laic defended. Prosecutor, who is a draper'e assistant,
in others emberalernent. He need sears* advert in left his watch and chain, value £5 or £6 on
returning it on the mantel.
their presence to the distinction between embalmment Piece, and went out for half-en-hour. O
after it was found that prisoner kw
and larceny. The former was where money, the subject was gone. Soon .
e been with it at a pubhc-house half-a-mile off, and
of ine.ialaonprobypria.
servation,nthadmoanLy
gbeeitnoninactioeunmtainer'd
his
sold it for El. The defence was that the prisoner,
mentor and misappropriating it ; and the latter consisted was formerly a. teetotaller, wert to Salisbury elparlowi
anal-appropriation-appropriationon when the money had been in the induced
where he was
master's possession at any time, but not in the first in- been out of his sena% The jury found him galley of
reoeiving knowing it to have ben stolen, and he was
dance. The charges in the case extended over a series
of years—from 186 to 1863, and it was alleged that sentenced to two months' hard labour.
,
there was a very large deficiency. Of course, proof in This concluded the business of the wises at six
cases of this description was necessarily very difficult; ciocX
but he need scarcely tell them that difficulty of
proof by no means superseded its necessity. tngl PRIUS, (Before Mr. Justice Wane.)
Of course, their province was not to try the case, but to The court opened at ten o'clock, soon after which the
ace there was sufficient legal evidence of a prim; facie civil badness commenced. The muse list contained but
rase, to render fUrtherin. &Hon in open court before throe ceses,—House Brymer and another; Bartlett
a petty jury expedient. He was unable to direct their at. e. Hare and another; and Summers v. Bard. The two
teotion to the
particular fedi in each can. The alleged first-named cases, it was stated, bad been arranged before
deficiencies were shown in accounts extending over sere- the opening of the mirk
rat years, and the deficiency and misappropriation of AMALFI.? AT WAREHAM.
money was proved in many oases, or slimed to have 8171041 U V. GAM —Mr. COL was ter the plaintiff,
taken place, and its existence to be shown by means of and Mr. Kerslake, Q.C. far the defendant. Mr Cole
eerie= document* consisting of boonnts. letters and opeoad the pleadingsandmuted wee 0.8 to the fury.
other papers. Those, although alluded to in the The pinintiff Is a draper and smiler, reeiding at *am-
ain...win were not before., Therefore ally eilieetFl ham, and the delsedene is a eabinet Maw in
on his part to enlighten thcin 'in the facts of calla another part of the sante town. In September lest Mr.