The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1865-02-14 00:00:00

A TRADESMAN BOUND DOWN TO KEEP
THE PEACE.

At the Townhall on Friday evening, before the
Mayor and F. Filliter, Egg.,
James Spicer, china dealer, of Wareham, was
summoted by Walter Summers, of the same place,
grocer, "for that you did on the 7th of February,
near the Townhall, in the borough aforesaid, hold
your 6et up in a threatening attitude towards him,
and did threaten to do for him, and from these and
other threats used by you towards him he is afraid
you will do him some bodily injury."
Mr. Weston appeared for complainant, and Mr.
Howard for defendant. The case caused considerable
interest, and the hall was crowded to excess.

Mr. Weston said he appeared against Spicer in
order that he might be bound over to enter into
his own recognizance to keep tho peace towards
Summers. Mr. Weston than laid the law bearing
on the case before the Bench, and said that where
any person made use of threats with intent to do
violence, the party against whom they were directed
had only to make a complaint before magistrates,
and they could bind him over to keep the peace.
The legal gentleman then detailed the facts
of the case, the particulars of which will be
found in the evidence adduced.

Walter Summers : I am a grocer residing in this -
town. I had occasion to go to the Post Office last
Tuesday morning with my little boy. This was
between twelve and one o'clock. Spicer came down
West-street and spoke to Me. lie said, "Do you
you want that store I have?" I said, "Not
particularly, I lent it.to you." lie said, "I under-
stood you applied for it.' I said, " I had not" I
occupied the store some time ago, but not requiring
it I lent it to defendant The store belonged to
Mr. Dray. When I said I had not, he said, "You
are a mean fellow ;" to which I said, "You and
1 have fallen out before this, but that is no reason
for our doing so again." Ile said, " I did not
expect to see you back any more." I had a very
serious illness some time ago, and was compelled to
give up business in Bedfordshire in consequence.
Be said, " I don't believe you intended coming
back yourself." I said, "You cannot flay anything
about that." He then said, " There is not a more
unprincipled fellow in the town, and you are
a liar." I said, "I suppose lshould not have
to go far for another," and I. then went away. On
my return from the Poet Office I went to the hall,
but as there was nothisg going on, and as I was
coming down stairs I think defendant came round
the corner. As I was looking up North-street he
came in front of me, and said, "You —' will do
for you some of these nights," suiting his actions
to his words. I said, "As soon as Mr. Weston
comes from Corfe Castle I shall have you hound over to
keep the peace." I spoke to Mr. Hodder, and said,
"You hear that, Mr. Hodder?" He replied, "I
don't want to hear anything." I am afraid defen-
dant will carry his threats into execution. This
afternoon as I was going to the Lion, he said, "1
was going to have something to keep my spirits up."
Cross-examined: I take things to keep my spirits
up sometimes. I have plenty of tobacco, and sell it
at 2id. per ounce. I never said to a man named
Pimm at the station that if I "licked" Spicer 1 would
give away a bag of tobacco.. .A never used the worts'
"lick." I said, "If I succeeded in getting Spicer
bound down, I would give away some tobacco. I
never °barged Mrs. Best with perjury. I have had
occasion to recollect the reading room. Defen-
dant struck me whilst I was there, but I did not
then have him bound over to keep the peace. I
know a man named Adams, and charged him with
stealing soap from my shop. The case was dismissed;
but I do not think the Bench said he left the court
without a stain upon his character. I formerly be.
longed to the Mutual Improvement Society. I was
never expelled from it. I was never charged by the
society for not speaking the truth. I have been very
ill; my illness was not of a mental nature. I
never had anything to do with pistol shooting.
There was a pistol left at my house by a young man,
which I used to fire off in my court-yard in order to
show its power. I never had a keeper at Swanage.
I am connected with a chapel in the town, from
which I have never been turned out. I did not say
to defendant when he said that I had applied for the
store, that he told a lie, or that the person who told
him so told a He. After I told Spicer that I did not
want to qtlarrel, I moved away, but he called me a
liar. He did not prevent me from going on.
I am recommended not to quarrel with persons by
my friends, my father and mother told me not to
excite myself. Defendant some years ago threatened
me, but I did not have him bound over. Since I
have been in Wareham I do not know that I have
quarrelled With any one except defendant. I have
had no ill will against Spicer because he had taken
Mrs. Best's part. I never apologised to him j and
he never said he did not wish to have anything to
do with me. I should be afraid to go up and down
the streets at night without some protection. I had
Mr. Eelee one night to see me home.
Re-examined: 1 have been suffering from a fall.
Wheat was told not to exert myself it was because
it might not do my nervous system harm. If I had
been in strong health, and defendant had made use
of stioh language as he had done, I should have had
him bound over.

By the Bench: Defendant has not made use of
threatening language towards me since Tuesday, for
I have avoided him. The day upon which I took
out the summons against Spicer, Mr. &les accom-
panied me home. I was afraid of defendant's
violence, and from the fact that he had been fined
for assaulting a man named Hay ter.
Mr. Howard was about to reply, when Mr.
Weston objected, and said he considered that his
learned friend had no right to do so.
Mr. Howard differed from Mr. Weston, and said
that his friend; when reeding the law on the subject,
had dot gone far enough. He then proceeded to
state that no one could be bound down unless the
threats used tended to a breach of the peace or the
scandalizing of the government; and that where a
person called another a rogue, liar, or such names,
that was not sufficient to have him bound down. ;
Mr. Weston said he understood there was a cross. I
summons, and asked the Bench to decide on the I
first one before hearing the second.
Mr. Howard objected, and the Bench being ap-
pealed to, decided to hear both summonses before
giving their decision.
Mr. Howard, in defence, contended that in this
ease complainant was only actuated by private
spleen, and wished the channels of justice to be the
means for having a respectable tradesman bound
down for the purpose of effecting a mean and paltry
purpose. It had not been me‘le out, although com-
plainant wished the Court to believe that defendant
was a blood-thirsty man; why Summers'
weakness was his defence, and the charge was
absolutely ridioulous. Mr. Howard than alluded to
the advice which complainant's parents had given
him not to quarrel, slid said they would not have
done that if he had not been a quarrelsome subject.
Nothing but =dice on the part of Summers had
induced him to have taken the oomee he had, and
the very fact of his saying that if he 'licked"
Spioer he would give away a bagful of tobacco
showed the motives by which he was actuated. Mr.
Howard contended that the charge against his client
ought to be dismissed, and that plaintiff had not
truthfully given his evidence. He felt assured the
Bench would not bind down his client, for com-
plainant had only adopted these proceedings for the
sake of spleen.
The Bench having signified their intention to hear
the cross-sum m one,
Mr. Weston asked what was the charge against
his client?

_ .
Mr. Howard read the summons, from which it
appeared that Summers did unlawfully use words
towards Spicer with intent to incite him to commit
• breach of the peace.
Mr. Weston said then he had no answer to make
te the charge, for the borough had no bye•laws, and
he had yet to learn where any statute law con-
sidered the above to be an offence. At Weymouth
and Dorchester there were special bye-laws made for
punishing persons using language calculated to incite
breach of the peace.
reply to Mr. Howard, Mr. Pilliter said there
no borough bye-laws.
Howard said that for the sake of justice he
like to hear ilodder's statement.
.jvhes I •
tat,
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were
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Mr. Weston objected, and the Bench falling in
with his views,
Mr. Filliter said the magistrates had given the
case their best attention, and after careful consider-
ation they felt they could not dismiss the case,
because it had been sworn distinctly, and had not
been controverted, that defendant did in a threaten-
ing attitude say he would do for Summers some
night. He (Mr. Filliter), however, considered that
Mr. Summers had a great deal of groundless appre-
hension, but sufficient had been shown to compel
them to take some notice of the ease, and they should
therefore bind defendant over in his own recog-
nizance of flO to keep the peace for six months.
Mr. Howard said as his client's mouth was stopped
up by law he should take another course to con-
travert the evidence given by Summers, and should
have a summons against him for perjury.

ST lOK AN D. TEMP ZRA NOE SOOlrm—On Friday
several friends of the temperance cause rust
toeether to enjoy a social evening at Mr. S. Elford's
house. An excellent tea was provided by his two
daughters, and after partaking of the socisl repast,
short addresses were given, and recitations by Jane
Morris and Susan Ricketts, two of the Band of Hope '
children. The two Miss Birds also sang some excellent
pieces, and a very happy evening was spent. Mr. end
Mrs. Elford'a kindness was warmly appreciated by the
, guests.
6 T lIRMINSTER NEWTON.—PErrr
SESSIONS, February 6.—Before M. S. Yeatman, M.
Williams, and H. S. Bower, Exp.—George Jetty,
of Haselbury Bryan, was summoned by Charles Weid-
man, of the same place, for an assault on the 19th
ult. The defendant partly i,dmitted the offence, and
WPE, fined 2s. 6d. and costa, or seven days' imprison-
nient.--Henry Hunt, of Marnhull, was summoned by
Walter Bestable, of that pariah, for assaulting him on
the 19th ult. Mr. Chitty appeared for the complainant.
The defence set up was provocation, which the Bench
took into consideration, and impelled a fine of 51. and
costa.--Mr. Edward Clark, of Blandford, coal
merchant, was summoned by Superintendent Hammond
for having two unjust weights in his possession in a
certain coal yard at the Shillingstone Railway Station,
on the 30th December last. Mr. Hammond proved
going to the above yard on the day in queation, where
he found a 561 b. weight 3 ors, deficient, and a 281 b. weight
1 oz. deficient. Mr. Clark said it was the fault
of his agent in neglecting to send the weights to be
adjusted at the proper time. - The Bench believing this
to be true convicted the defendant in the nominal fine
of Is , and Bs. lOd. costa.—George Parsons, of Child
Okeford, was summoned by the same officer for a
similar offence.—Superintendent Hammond stated that
he visited the defendant's shop on the 30th December
last, when he founds 4 lb. weight a quarter of an ounce
defioient, a 2 lb. weight an ounce and three drachms
deficient, and a 1 lb. weight 61 drachms deficient.—The
Bench convict,cl the defendant in the penalty of lie.,
and Ss. oostr.—Andrew Stainer, of Basher, was
summoned by the superintendent of police for being
drunk and riotous in the town of Sturminster on the
16th ult—P.C. Damon proved the case, and the
defendant was fined 7e and 6s. costs, or 14 days.—
James Jackson, of Shillingstone, pleaded guilty to
being drunk and riotous at Child Okeford, on the
30th ult., and was fined Is. and Is. costs, or 7 days.—
John Dowding, of Bagber, Was summoned by Julia
Scott, an inmate of the Sturminster Newton Union
Workhouse, for an order of affiliation. Mr. Chitty
rippeared for the defendant; but in ooneequersoe of the
oompleinant not having any corroborative testimony,
the information was dismissed. —An application was
made by Emily Beatable, of Marnhull, for an order of
affiliation against Mr. Cheesewright, of Sturminster
Newton, surgeon, to support her illegitimate child.—
Mr. Chitty appeared for complainant, and Mr. Atkinson
• for defendant —The Bench made an order for 2s. 64.
per week, with the usual omits, and defendant was also
ordered to pay the advocate's fee.--Mr. Benjamin
Phillips, of Okeford Fitzpaine, was summoned under
the provision of the New Highway Act, for allowing
a pig to stray upon the highway in that pariah on the
13th ult., and was ordered to pay is.
GILLINGHA M. —ANCIENT ORDER OF FORESTERS.
—The first anniversary meeting and dinner of the
friends and members of the Court "Peace and
Progress," No. 4291, was held at the Phcenix Hotel,
on Tuesday evening, February 7, and was numerously
attended. A most sumptuous and bountiful supply
of the good things of this life was placed on the
table by mine host Robert Goldsborough, who seemed
determined to maintain the high and deserved
character this house has so long enjoyed of giving
some of the beat public dinners in the county. The
chair was taken and ably filled by the worthy squire
of Knapp House, W. It. Bell, Esq., supported on
either side by Captain Matthews, E. Miles, Esq., 8.,
Freame, Esq., and Messrs. Butler, Cuming, and
Parham, as visitors. On the removal of the cloth
the Chairman gave "The Queen," "The Prince and
Princess of Wales," and the "Army, Navy, and
Volunteers," the latter of which was moat ably
responded to by Captain Matthews. "The Bishop
and Clergy of the Diocese" followed, and then the
toast of the eveniug—" Success to the ancient order
of Foresters, and especially to the Court Peace and
Progress." Brother Slade responded, and proposed
"The health of the Secretary, Mr. K Light,"
who gave a very satisfactory account of the progress
of the Society. Several other toasts were given and
responded to, as "The Visitors," acknowledged hy
R. Freame, Esq. ; " The Medical Officer, Dr.
Miles ;" "The Chairman," proposed by Mr. Cnming,
and the "Vice-Chair," by Mr. Freame. "The trade
of the town of Gillingham" was also proposed by the
Chairman, and acknoseledged by Mr. J. Parham and
Mr. R. Cawing.— We believe we are jtuiti6ed i.
saying that this excellent and flourishing Society has
taken a firm hold in the town and neighbourhood of
Gilingham, and we doubt not but that it will prove
of great usefulness and belefit to its many members.
After drinking success to the next annual meeting the
company began to disperse, having spent a most
harmonious and pleasant evening together.
LANB DIE 0 RD.—On Tuesday evening those
two earnest friends and advocates of the Temperance
Reformation, Mr. Gatehouse and Mr. Vincent, of
Shaftesbury, gave excellent addresses in favour of
Total Abstinence in the Townhall, Blandford. Mr.
Gatehouse is probably as pleasing a speaker as appears
before an audience, and having an excellent voice, core,
bines with speaking the attraction of a good song.
MRS. EDWARDS'S CONVERT.—We are gratified in
being able to state that the wish expressed in our
columns last week of seeing the Corn Exohange well
filled at this lady's concert has been realised, every
available space being occupied by an enthusiastic
audience. The whole of the programme was well
executed and most of the pieces encored, and the only
drawback to the evening's pleasure was the noisy and
disoordant sounds of approval which some of the junior
portion of the company indulged in, and which it is to be
hoped will ndt on • future oecasion be permitted. Young
men and boys should remember that in a respectable
company "cat calls" and imitations of engine whistles
are out of place. The entrance of Mrs. Edwards, accom-
panied by her brother, was the signal for loud cheering.
The concert commenced with Rimbault's chorus, "Long
live England's future Queen," which was very nicely
sung by the Blandford Glee Union, who, in this and the
other pieces in which they took part, gave great satis-
faction, and were warmly cheered. The duet "More
Glorious to Die," by Auber, sang by Mr. Westmoreland ,
and Mr: Drayton, vu very beautifully executed. Mr.
Kenningham, of Salisbury, who is quite a favourite in
Blandford, was loudly cheered in The Bold Marco,"
and Macfarren'ailight and playful song, "Come lasses
and lads," the latter of which was encored. Mr.
Westmoreland, also of Salisbury, gave, in admirable
style, "Though born in Woods" by Wallace, from the
Desert Flowers, and the "Muleteer," by Belle. both of
which were re-demanded ; and Mr. Drayton, of Wells
Cathedral, was equally successful in Hatton'. song " The
Ironsides," (which he sang with mach spirit,) and
Cherry's "Will o' the Wisp," substituting to the enthu-
siastic encore of the latter, "Oh, were I a bird,"
which he sang with much sweetness. We need hardly
lily that kiss Ida Thome, who has on several occasions
appeared before a Blandford audience, fully sustained
her well-merited reputation. Bishop's "Should he up.
braid," and "Janet's choice," by Claribel, were sung by
that lady with considerable taste and sweetness, and
were both loudly sheered and encored. The "Market
Chorus" in Masaniello, by Auber, in which all joined,
was given in first-rate style, and highly appreciated by
the company. Nor must we forget to mention the
admirable flute performance of Mr. Frank Oakley, and
the tole on the cornet by Mr. Skivington, both of whom
were loudly cheered, Mr. C. J. Byers accompanying
the latter gentleman on the piano. Mrs. Edwards pre.
sided at the piano as accompanist to the singers, and
we heartily congratulate that lady on her success.
SERIOUS AFFRAY WITH POACHERS.—On Saturday
night, about 12 o'clock, as Robert Mehnoth, under.
keeper to J. S. W. S. E. Drax, Esq., or Charborough
noose, *al do his way home from Charlton Marshall, and
within about half smile from his residence at Oolewood,
he came up to two men, one under the hedge and the
other in the field, the latter of whom had a couple of
rabbits in his hand. He collared the man, and they had
a struggle together, and whilst so engaged the poacher
I called out to his companions not to run away, and set a
large dog on the keeper, which bit his thumb, and tried
to seise hie throat. The other men, three in number,
then came up, and one of them threw a atone and hit
the keeper on the back part of his head, which felled him
to the ground. His first assailant, named Solomon
Wedmore, then took the keeper's gun from him.
Melmoth told him to be careful with it as it was loaded,
but instead of doing so he put the gun to his shoulder
and took a deliberate aim at the keeper as he was lying
on the ground. Fortunately the bap was of inferior
quality and snapped, or the mats would no doubt have
been killed. the keeper then succeeded in getting
away, followed by the nowhere, who pelted him
out of the field. The keeper, who knew Wedmore by
sight though not by name, gave • description of him to
the police, and on Tuesday he was apprehended by
Superintendent Watts, at Fontmell Magna, where he
was at work, and taken before J. J. Farquharson, Esq.,
at Langton, when he was fully identified by the keeper
as the man who pointed the gun at him. After hearing
the keeper's statement the prisoner was remanded.

The following is an extract from the Second Edition
(page 188) of the Translation of the Pharmacopeia of
the Royal College of Physicians, of London, by Dr. G.
F. Collier, published by Longman and Co. :—" It is no
small defect in this compilation (speaking of the
Phartnaoopceia) that we have no purgative mass but
what contains aloes; yet we know that ticemorrhoidal
pervons cannot bear aloes, except it be in the form of
COCKLE'S PIIJS, which chiefly consists of aloes
scammony, and colocynth, which I think are formed
into a sort of compound extract, the acridity of which
is obviated, I suspect, by an alkaline process, and by •
fourth ingredient (unknown to me) of an aromatic tonic
nature. I think no better and no worse of it for its
being • patent medicine. I look at it as an article of
commerce and domestic convenience, and do not hesi-
tate to say it is the best made pill in the kingdom; a
muscular purge, a mucous purge, and • hydrogogue
purge combined, and their effect. properly controlled by
• dirigent and oorrigent. That it does not commonly
produce haemorrhoids, like most aloetio pills I attribute
to its being thoroughly soluble, so that no undissolved
}wide's* adhere to the mnoons membrane.