The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1870-07-26 00:00:00

....,,,
.tiece him "wittrubb;heSt;
we
0- He did not know that the
wastelll for the prieeners to be taken out in gangs, for of the gang on the Monday.
tbe pormwe of working at eertain forte which are being prisoner had • grudge agaiost Illy at the time He did
e! true el et, the V. roe, and they g 0 out meter the not know ; e wined b.. r meved
ftott . k The deceased. E twain If a priumier assaulted au officer
sosige re wanders,•lS•oe .pti.oner Yr.' anzions to get out of 'hi. sane.
Lee, ley. was as aseistant•warder at the priein, and to another gang. He lei! 001 llenk tlmt 'll.-n Ble era.
ou 0 e 20th April be Ii il chaise .4 a party of convicts, on the ground tie c......
r (r. Whets B y got op he drew
el wl on i there were 17, nod the presimer was one. , again-lie was Sur;
Alemt helf•past two o'clock in the aft Moon, the pet- hie elitists., slid hh.deenli:tved.,...,....heinwiteiheldwhaayv.e
hi us
co.,igu.'d hews, struCk bile
enter arid other convicts were at work upon • misoner if they
tart of the fortifications, which is called the WY running riwity; i but he did not.
Verne works. A wall was in progress of bring just as well on
rill.nyhoi.!
in.,
built, sod (entente. Nes regaged upon • portion He del not bee
Fku.iiii7n. ,htnhaptiilinr;pipnei was too grail
of tie. wall. F sonic information. which Mr. Mr for him.
,51re,e,, m etc I R rtclitio.
received, he wall inlittOrrt to tell the prsonce to prem.. d thy r.uht,*.ite„, reeteed, st•ted the course that would
re on them part if the well, and fiiiith this lett in the nltif '''' t:i in of A sonVi .t ateking an officer, and
merne.g. neer was another waldrr termed Preston ber"; the elpiettaiT:i obfsl.leis setouton;ke.ilnie
iwmont!,ld bAO
stun 'ins near. Just as Mr. lily had meeker, 10 ti,, pm-
son. r, the latter suedenly ceu,ht up abb./eel. •101 with 'l::.i' i'.l..let..leornlC:a"sg.riede tehina of What had h•ppeneel,
both hande male a meat vile-lit blew at the head of e"iro'.", e, reeeeing day prieoner was brought before
Mr. By. •Ircli the Obese had stated he believed must i
l'inw hut Itly •as tee ill to attend. He reed the offence
:. hee. with which, he Was charged with committing a
lesee I. illeil I int had it !rm. k hen on the heed. At .11
ereets it was a neat violent blow. But at the time tile L.,41, iowault upon assistant-warder BIT
priemer was strik no, one of tee con•ict. named Cr••ley
The stet...ant was referred to, and it was fount that
called out to the Aker "Look out, air r Of eourie.
the ch.rge written down was for m•king • upu.derous
the Ward, rl aro always on their guard, and the. 1.11
....ult. at 2 p.m.. with the shovel prooucel. lily arid
swished, leashed his head, and esc•ped tee blew fi!leliel "He would have taken my life, but for tbe asaistanee
on his le ad, but was struck on the shouleer. The' neie 1 Jere, re I•''
of tie blow wee either to st. Ike him down. •. 31.....".::( Ceseeximined : When Ratcliff was brought into
raid, oral some of the witness seemed tous,Ve . °:,..,,e , his ptesence, 1 wed nothing b. fore I male the charge.
1 ehot
bin to shear r. lily itio•ed away on the h• ....,..r.-q e-iiiin il,il not say "If 1 het been there I woul.l hive
the eremeer, but win pureutel by the rerre h the him dead." Aft. r the convict had madehrieetllind erftl
aint.e
struck ben as bird as be coule shout 0 e in •hich he 'suet he inte rebel to kill Hi,, I p
shovel. fievefal hoes were struck, andr."n
...'nnee„ tee hat been there I should have cut you down." Th.
fir Mr. Illy, one of the blows cet i 1"."."...re „eine officer. are 'reveled with cutlasses, and positive and
shin hive and the fee' ass 'be' '.'erver irnn pi-once I. di forte order. are given when they niry be ueel. Then
Van ieft.eteel on Mr. lily's lee. P:: e
,„„,,c,,, „...d ~,, use thetu if • convict ',Bailee them with aoy
in; to strike IflY "'"'n .1".11 .ggi'd hi lit lilt' hewn, weapon. 1 bad no power to ord. r him solitary eon.
Crawl•-y and Smith rushed on eel.T. lee wins waisted fineine nt. or bread and water, or fI egging. I did not
and Weeder Poston came up. ei",..eee to the ceution hen that anything he said might be used in
up, drew ii. cuthes. end
ni.:e., Bly pull. d evidence spinet him,
pri.oatur, tut found hm, .1 me afrael this is Iv me Mr. Bennett submitted that this wan • statement
np lee tr tier les. end '''" ' ;„.r.• Ile beratne very nada to a t erson in authority.
Penn I thought. I ray.lth IPI - '..1 .inil retreated by The Governor said he had no power to put pri•
. e i
hint, end we. t•el r- n ‘,„' he found a vet, severe welled yowl. in irons. He was remanded for Leal by the
the iefirtnary su .
rer..
directors.ennett: A confession must be perfectly free and
on the leg. Denise the phoubr there wan i a ise .
shreuer,,
caop,d
.lir.
B
tie re w. re 0 her tower 'lli:h hg
eekfrir,,e, eve %Ir. [Raker veluetery. Could it be said this was • perfectly fr-e
tie. ri and itiowil wi•und nu D
ti.• h 1 he ri ti ja.e.l. At and voluntary e t coefession when mania before h e ems .n
w. uIJ tell them 'nit the eetie e .
that ewe no cry bermes consequences were appro. in authority and who had power to trunish his. Here
heeded 'row tbe •ound., but Ile lily was k• pt. in wan • man in •othority who nuked a prisoner what he
'.' to
be veer! on A. rght. A hent bad to say, that is, he was Counpnillod So give an account,
hostel, end.,"" 4 pet in, shivetings, end that, therefore. it wan net a free and voluntary
the lOtti Of an•y, 1•••IC wept. m
ene 0,,,,,. bee omptetrie •ni at that time it was et•tantent. unextAirted by influence,
thoirebt the ward. i- would die. The (' leper, who was 'The Judge reser•ed the peint.
. ter wee snt 3.r, to take the ;tying in reply to his lorilthite the witness said be hid out
Ile ore negs r• .
deposen of 117. lie did not tleee the statement thee en Hideo. ment t.or 'limit. Ile dd.' not think the
. e eould be placed Wore tie re-,. es there wee • plisoner vets handcuffee.
Polon. doubt wheacr it •.1 edmitsible at all. Mr liconett erietended that "undue terror" used
hoe e'er. riste ter. i rig-non an ere °auntie toweeln the prisoner would warrant the judge inTh7. roe. cr.
to q .1,11011 the IninLieSSen, and he then made • state. rej• cling the etatenset. It was not neo ssary that
meet.
actiael ti Teets sleruld he omen, if surrounding cameo-
The Judge: Why is that statement not evidence, Mr. stances elercieed an undue itehroce open the pri oner,
Cole and in that posicien he melted the erisoner was plats&
Mr Cole replied that he opined it was made before On the other side, Mr. Cole quoted the case Queen
the Coroner, when not at all in the execution of his le J•rels•
duty. lhe Cup., r er.s not a magistrate fie the Tee Judge said it was clearly now Settlnd that state-
county, but only for the &Tough of Weymouth. Mr. ments of the kind were admissable. In this cane he
Cole went on to an, the ; risoner had made statement, oats no trace of hope or fear being held out to the
before pities'sn which he should be able to ley prism-et. ; theeu foie. he wont receive the evidence.
before the jury. The poor man Bly lingered Mejor Cl (lon continued : Having reed over the
for • loog time, and died on the 1311 June. The cringe charge to the feisot.er, the deceased said " Fie would
of his death was awed in he PereaPe. or blood poison. have taken my life but for the itiretferevert of Crawley.
in, caused. Mr role believed, bt the euruleut dp• Smith, and another." He asked the Iris... Der if he had
shear fern the rotted being alworbed into the soirem auything to say in hie defence, upon which he said "1
by tee aleothme "...de "d Prli.opitil the blood, sod del a.sault the officer; I tried to take his life, and
10y died front that Iderid poisoning. That w.rs hromtht *heel.' have suc..e.d.d, had not the other prisoner•
about hy the ire' . f ill- Pl'loneri be believe'. and. that eteesnted me. Whenever an opportunity occurs I will
bow: the case, 1))i )) .ner was answerable for Mr. lilt's teke somebody's life. I dint o•re where, is lam time
steel,. Our law is, that if you wound • men, and that of my life. If I cannot get hold of a spade, I will do
•rear, sees •ithin a 'ear and a day, the man that ears it with a pick." Similar rent•iks were mede which he
the wound is rhatgeshle with murder or mansleughte r, did not lake down, but which imemed to refer per•on-
steeerlir gto 0 e circomttanore• They would hire to ally, and then it was he said "It you hol attempted
enquire if the woune given by the lit-ewers ..., the to awaelt MO as you die Bly, I would have cut you
proxteete cees of lily's death, and the- next cmettion down.'
weted be. wan the crime niurder or mrinshogl ter! All tease-examined :He did not punish the prisoner,
lulling in the eye of the la. wan Primal facie murder, The prisener previously had from time to Hine made
end it e ter the per•on caueeg the death if another to StintoMi nte that he WAS very weak and could not do
lay such foots before the jury, a. would reduce the his work, but he did not telex his work as three was
crime hem murder to maleslatlebter• Mr. Cole feared no receuellendation hem the medical effic-r. He caw
it Iseult he h.. silty to show the juiy that the prisoner the prisoner on May 10. Ptisoner waked him how long
enmnii•ted this act with • rteltberete intention to he wan guit,g to It. ep him in the cell, and he told him
coronet murder. On the any that Mr. Bly re silted until Bly got be:3 r, and the director came, hut he did
the hint ire. it become o.e duty of the Governor of the not silt that when he came he would tune him • pretty
prism, to enquire into the mutter, in order le re P.rt it stiff peniuement He WIL4 not aware that the prim:Hier',
to the Directors of C mein, ?risen.. A otatemen. Win bed wan t ken away fe"m high
made, and taken down by the Gevernor, and it would In reply to a queution from the jridge as to the
be for his learned Mend on behalf of the preoner to relevancy if this, Mr. 13 nnett Debi that he inteneed
explain %bather it did not sleeve concluevely er ore to show 'bet the •tatemetit he male before the corner
the malice of the !ripener. When Mr. Bly was sup, was eeide in a state of exeiternent ie coneequenee of
postl lobe iltieg. his depositien wan made le fore the the nevere treatment he bad received,
county m.giutrates, end a statement was male wl ich The Josige, however, Paid that thi• statement would
threw ales hell neon the transaction. The witneesen not be received, as it was not made before a county
would be call. d b hire them, tbe depositions of Mr. magistrate.
Bly ar,u`d hen in,' in, his death would be preyed, and it M•j .r Cli3on remmed : 'The prisoner Val oonvicted
would be fo. the jury to say whether they con d 00010 of utealing a meerschaum pipe. Where Bly was placed
to soy other eoncleuien th he that the prisoner at the in the hospital was in • ward specially set apart for the
bar •as guilty oh Mr. Bly's murder. offi-ere.
The alter...es were then callert :-- Witham Brooks. chief warder, said the shovel which
Neje!. ilnitnne Clifton, i liiniinnif by Me Collier, said had been proeuerel, was liande Ito him by Bly himeelf,
en the 20 hof Amid lam di ceased wan an aesi•tent. who er ernesl to be in a very weak state. His trowel.s
warder in tie Portland Priem, of which witness Wu and stockings were cot through just below the knee.
roe rtes. On an aftntraCtitn if that day Bly went ont Mr. reeornies, soliciter, and clerk to the Dorchester
with • p•rty of 17 convicts to the Verne ditch-the magioreten, was preant when Mr. Wsken, a magierate.
north enter, ce. took • deposeien of the deceits!! men on the 12th of
John Crawley, a eneeiet, was culled and examined by May. The prisoner was present, and it wee given on
Mr. Cole. He s.id hie was cm fined in the Portlend oath.
Prison, on'er ten years' penal servitu le. On the I The statement, which has been already published,
aft-rnoon in retestion he was at work in the Verne ' was then read ever.
ditch The erioner wet on the well. At that time I Mr. BI ken. the medical officer at th• Partland prison,
Mr. Illy come up and said "Cra•ley, you'll be licked , said on the 20th of April be was called in to see 131 y,
now I. r • eat." He meant thet I abseil.' have to do I the matder. fie was then in the hospital, ant suffering
two men's rsork nivel. After that he seeke to the i fn..m a 10.1•006 shock. On examining his per•on he
prism, card said "Whet aro you In n. • G.it on with fiiund • hruine on the upper pee' of the arsine, shout
year buildine." Wanes. wen itoniling to p.ek up a ale inches in length, and one in breadth. A fair
stone, when he mese,' Breath from him, lie looked •meutit of violent)rn mutt have been need to cause it.
Sr. and now him in the act of m•king • blow at the Terre are. also • braise on the right Lip, and • centuted
exit. r. Before he wield do no he shouted out "Look wound over the upper part of the large bone of the left
one tie" The officer looked round, and then "bohbet" leg. He hat seen the shovel, and in hie judgment it
%is basil, •rei the blow caught him b tween the was • lik ly instrument to come nice it juri. 5.
shoulders. Ile tried to defend himself, hut he could The contutei wound meght htve been ceased
nor-the blow came too *harp. tie could only jute net either by the edge or tee corner of the shovel.
his eve on the convict and say "stop the manual," but lhe woend in the leg might hive bled, but
be timed not get away. He thought h• struek him if it had it tend stopped for there was nothing
'frith the Oar!) end of the shovel, bet he would not which he aheull call blealine prow (piing from it. He
swe.r tn it, kfter h.• bed got the blew, he made off dre•sel the iiroUndi. He hail known the deceased
and rist tomr•rde Om e other convict. who were on the before lie was a healthy man, and had never been
-well, • net who could have saved him if they hail tried, under treatment hi fere. He went on favourably op till
but th-y were 'heel. The eon Vet then ran the 29te of April, and till then he did not apprehend
oft-r tem, mei struck him scross the legs. any denote On that day • &lenge in the symptom.
'Tee offise med. a lon+, and fell over • stone, came on. The first great change was intense rigour-
and the blows ernel.l have bit a c meet named Smile, shivering, and the wound which pr. viously looked
but he avoiiieil it by going en his knee. Ratcliffe then healthy began to ateume sn unhealthy aspect, lie
went 'trident the wall and Smith caught him by the wrist begun to expect sotnerliine enniplictted had atisen and
and he (eri• ran.). seeing there wan no pr metre on the after several .hys watching he came to the conclosien
convict's hotly er. jinn el en to him 'nil h. 1.1 him Amen that blood poieen had anise. A tr. utlenmn of the name
by the throat. Another convict llerris laid 6..14 of him of McLean, acting for the at...latent surgeon in his
by the lees. N. . Ili em was near it little, and he held ateence, also saw him. On the 10th of May his eon•
bite some thee when be shouttil, " Inc got limit." dition was very unetvour•ble, and hi. deposition
Rh nee tip and 'ferret. and the other convict, went end •art taken. After Vett he conenued to vary, pom..timet
lifted him up. He cone and street over the convict better, sometimes worse On the 1:Ich his case was
He ...lire as if his leg was ninli-e1). He drew his very serieus, and on the 15th he died of bleed poison-
entlen and made • dash it the coe•iet, hot Smith ine, of vim eh the wound in the leg was the exciting
jumped up end eenght lein by the arm and he said, oau.e. He niede a postemertein exemination, which
"shn't sir, it no use now.' hot he still kept wanting to confirmed his opinion most tionc'usi•ely. He could dee
cut hine and they wou'il not let him. A quantity of a iver no Catlin Whatever from which the bleed poinon•
blood wee rrinnine down hi, lee, on the steno. After Infl Penceeded meet the Wniiiill in the leg. Blood
that he 1041..1 Illy &ern, ad add, "If you'd • minded poisoning arises from the action of a wetted whioli
what I sell this iirogleln't heve happen° I," After he gives rise to matte', that the veins are unable to dis-
hesl helped him down Illy poled op hi, teepees leg and charge, and is •leorbed into the system.
said, "in is more then I thought. 1 tnniit gain." and he Cries examined : This man died horn pybernia
did gni° and Kehl ffe was given in cuttoiy of Preece!. which might arise from • variety of o•eses,
On Monday previeun he was working in the same ptrty it might arise teem an imperfect working
as Owner with picks and kibble. While they .me at if the kidneys bat this is one of the nearest
work the pr gainer said he intended to kill an tither- I ceises. He had never heard that cases of py email. mty
Presto he recent noly he wouldn't hoot th•t week. tie arise from causes irrespective of wounds. In an
slim wed officer Illy had reported him when on night ante alibi aubjel there would be more eiffiaul.y in
duty •nri he said "de is the man I'll finish "and he telling whet would be the exciting causes et pyLop Ida.
pointed to a shovel which was lying there. After that Rh to all appearance was a Trill beech, men.
he went to, Mr. WY, In) rate I went • fresh kehtee and Pyhorni• might •ree from unhealthy room, and n•re•
he told Mr. Rly about it. end gave him t"e werning, cenwilinie and sometimei prevailed in an epidemic form.
end be snit, "all right, I'll be on my ge•rie" A short He hod seem •go el many eases in pyi Genie. It might
Mme after By came up and took the prisoner off tne be produced from the evercrowling of patients suffering
week were the tools were and put him on the building. from sup urated wounds in hospitals,
‘l7.‘rree. examined :He began the conversation and lie-examined : There was never any over crowding in
-salmi ',Themee where he bad bees and he Paid in the the ward. There were Indy three others there, neither
situates." lie did not then say to him "notes your wits them any allele sic. If th-r r had been env
time it yen want to let ont ef the party, we have as imperfect Wien of kidneyn he shoull have detected it,
bad an cffieer ss there in in the kited." He did not and the post tnertem showed them to be healthy. He
say "hoe.* an efficer always on the carpet (that is with did not find shy of lho preditresing Ciltlllol of which
the Itne'eer), me ail he say go and do it they cent do the counsel for the prisoner hel sutler.. exoe..t thi.
nne'i to yo and they will call yo.i a plucky fellow." wound, and he was still of the same opinion as just
He del note erect to net off any if his sentence nor did now.

I'. want. H;;;; ev-r in pees' servitu le before.
Hs (mold not tell low often he bad been o•divieted. He
and the trimmer were no the beet it terms. He bed
ileVer PODD the officer Bly till that morning. He knew
that the prisoner if he atm* the olflo-ir would be
moved Into another ices, bur bed 4 not know that he
whited to he. On the dse when Hip told B,teliffe• to
get on with his work. he bad stoat. in him Pr' ebtellY.
and said you are working very slowly and yen don't
work for your salt. The omelet did not answer. lily
did sot speak in an angry tons. No other conversation
took claw% When the prisoner teak up the shovel
they thought te wee going to draw his cocks. eel
would hive dome no if he could. This te'e b• I 're
any blow tau stnick. His hand was feeling 1.. r his
wetho- All the Mows after wore direeted towards
the legs 'maid one when the warder had
fallen. When fee was down itstclyffe mould have
knoched his heed clean of he had eit-etl of
opponents. When the prisoner wee held down in •
In'lldres condition the warder minted to um his tintless.
When he tied the sleeves of prisoner's jacket the
Wardrr, the officer who took him, said " • rope's too
tw.l." and the principal add to Bly "why didn't you
mit the arm from him" and RI, said he could have done
It rutty he rt•s prevente.i. lilr w•lked to the oon•ict
rb",o by himss.lf. He had shoot three.quart.-1. of ILD
uneuniewslk. The prionner oret quietly with Preston.
I"; us else but Lim hear the conversation of
puitnner.
The aff.tir only took • few minutes.
(latithi„.)` i.7boy long etaedr, be hadn't • watt:di—
shes m itt o t
h....2nn.ther cowrie! undergoing penal servi-
tude. f.te h
on! he vent nut to work with a
mpartyarld nitnlydert.lTiiirte,:rel.:.e. The prisoner wes one. He
wee on nith ;it the
Len..er.eitte vo.eon eith the work be
lie ri the pr n r ming the ettnyel from los bri thnei r " e
wee him take it up, my nee • but he did ont
at his heck to the pri-
m:Hier, shout to get op to hiet. The
blow
with all his form.. He diould think it w was el"'
bead, but he coold not me. eteenee • at his
Mr. 131 y lowerril his heel. the blow straeli ni°ed out
uud
the shoulder and cutting his enet. Tl'._
,tiothinton
with the edge of the shovel, me tetiZte o hoi'in riven
stop the wretch. Hatch& folowed him and tit ock
him a,ross the eyes. Before he coo,'
etv.h.
the
int,
blow he (the c was
•nd Bly. T .6 prisoner ti • "rd
Tie blow would him- etre.), hi. ti
he
had not fell down ee his baw"'• n. lorce
Of the blow which CAMP upon the stone used, the
prisoner over.belanee. When ititteliti was on the
Iftr'end he caught hold of the shovel in the pri.enees
tie,' hand. Then Crawley come up, and naught bin
by the throat. He saw the blood ranniog Iron lily,
and offeri.d him • piree of rag, but he n.omd, " Never
mind, the wound is crone than I thought ; I .lii g.
iii." Re heard erireoer say in the morning that he
Intended to take .orne one out of winding, by which he
Meant pay h•to out • grudge.
The 0..0,81 was here produoed, and identified by The
vitae«. It was rusty with blond.
erora @timined : He was not OD eery good term.
Vith OH prisoner. Ely had only onto into oonunand

Mr MeLean, who also attended Warder lily, dated
that be had heard the peritonea given by Mr. Blotter,
and be quite nivel with him. In this case there was
no doubt the wound wos the cause of death.
By Mr. Mennen : Nine deys from ths setting in of
pyhce sic after the inflovion of a wound was not • long
interval.
This was the case for the prosecution, and Kr. Cole
said he did not proeose to addrees the jury,
Mr. Bennett addressed the j iry for the efence. He
urged that prisoner wa provoked by the roughneu of
tho warier, wh.n ordering him to get on with his
work, to ass.ult him ; !hot he did it to get removed
from that gong—in which he ve.a s marked moo—to
another, and had no intention to kill him, because he
refrained from aiming more than one blow at his head,
though he had mph, opport y; and that the blood-
poiooning arose, not born the wound, but Iron con-
tagion throusb being in the hospital with • man
suffering from necrosis.
Th. learn.' judge summed en. His lordship re-
euili .ted the ougge-tion test blood.poiwriing arose from
oontation. He reviewed at great length the ev:ilenoe
etteniling the a...mit, and pot before the jury the
dierinc•ion between manslaughter and murder.
Th. jury after isonferrine engeiher for 25 mlnutee,
returned a verdict of WILFUL MURDER.
Prisoner hod stood with • reigned eseression while
the jury were consulting. At hearing the verdict he
slightly flushed. but others/tie betr.yed no emotion.
Being called on if he had anything to !soy why
judgment should not be passed upon him, he made no
reply.
The judge, having put on the black cup, addreseed
the prisoner, very solemnly sod fervently, ea follows :
Thomos Rotcliff, you hove been found guilty of the
wilful murder of Edward Love Bly. No doubt remained
eeee the evidence, notwithstonding the able and
strenuous exertions whioh were made by your counsel,
to save you from the judgment of the law, that
the wound which you filicted upon that poor
fellow upon the 20th of April, did cause his
death ; and there was evident)e of the moot
convincing character that you assaulted him for the
purpose of totting away his life, or inflicting grievous
hrtddr horm upon him, which. to the apprehension of
everybody, must have rndsugered his life and be
likely to kill him. Of thio oinch:llMo the jury
ore eatiofieil. I am bound to say though
ref Jim Igment is not nee soar, to confirm theirs
--they bane arrived at the conclusion which to my mind
the truth of the room dernended. You have been con-
victed of murder, under eircumatanees of great aggrava-
tion, because you killed a man who never injured you.
and that man an 015 or of the law, who above others is
entitled to the protect on of the law, and for whose
d,.:th it ought to exact just retribution. Under
tuitt eet
not I am hound to tell you, you
h tto expect or hope that there can be any re-
saisitth. of ger *eaten" or any forgiveness for you is
I do hope, and I say it most earnestly—
war and
year 'l*,, i lb*"
you to spend the short remainder of
chose I,•Ø
to make reconciliation with
liptioteeee "vs to grievously broken, by deep
nintrition,hembly relying on the merit