The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1871-07-25 00:00:00

THE DORSET COUNTY EXPRESS AND AGRICULTURAL GAZETTE, TUESDAY, JULY 25, 1871.

about it. it wu very mush against her wish she was
obliged to marry him. At the station two oertifiestes
with ClarekwioniB
oweneoureAoprnir,ieldilOst,:. hlrearoil,,soenneehdoar,
,thn,heeoortebmwersifeollningehr
1865.
prisoner
admitted that both were true, she was the pasty men-
tioned in both certificates: She said Clark was old
enough to be her father, her friends bad made her
marry him against her will, she never liked him and
had not lived with him for seven years. She said that
Clark was alive at the time she married Cunt.
Prisoner energetisally denied this, she bad not seen
Clark for more than 15 years, and had not lived with
him for more than 17 years.
Prisoner tossed herself about In her chair, moaning
and crying, end pretended to feint; but direetly a
woman who bad known her Wallas:l was sidled, she
looked up fiercely and prepared for • weedy Indere:
Blisabeth Groan, wife of • sailor, deposed to know?
Thomas Clark in 1852, when he and the prisoner led
with her, and the latter said that Clark was er
husband. Witness had seen Clark last Thursday. I
Prisoner, fiusely: I don't know what she has got to
de with me, or why she same here.
Witness: Of course I came because I wee summoned.
prisoner: She was the one that wrote letters for me
to get married, and west to church with me. You are
keeping • bad house, now, you are. You wrote the
letters and false characters; that woman wrote for me
to be mended to this' men.
Witness: I never wrote anything; her own cousin
'et her chamfer to be married:
By the Judge: I went to °harsh with her when she
earried Gaunt.,
The Judge ; You mot to ahurole with her, did yon,
knowing Clark to be alive?
Waimea admitted that she believed Clark to be
alive.

body being left in the sal and unattended to. The i
bruise. might have accelerated death. A child of that
tender age will show bruises flare plainly than an older
, one. Dr. embb wu then crosa-examlned as to whether
• the child might not have died before it was fully burn,
although it might base breathed during the birth, aLo
whether it might not have been struck against the seat
and so brui,ed. The doctor sad it was one of those
far-Wished things that One could not swear did not
happen
J,• but be did not believe it.
The udge said it was by far the best way to swear
US
the.doctor had done, t 3 things that he knew, Instead
of 'peaking of far.;
ichltcib:dht things
gthe woman taking bold
ollirth.e SchtlidAlunler agony to assist herself have inflicted I
the injuries?
Dr. Crebb : Ido not believe it is at all probable.
Q,—Were the injuries foliated before or after death?
A,— In my opinion, prior to death.
The Judge: I understand you are of opinion that
the cutting of the cord, and not tyhig it, killed the
child?
Dr. Crabb ; Yes, my lord;
me Judge: You are of opinion that the child did
not merely breathe as it was bang born ; but that it
breathed after it waa separated from the mother?
A.—Yes.
In answer to the Judge, witness further said that the
cord Was cut in • right line, not slantingly ; that the
child must have bun held up by another person while
It waa being out, and that the out was sharp, as if by a
par of sebsors or a knife.
The Judge said that, considering the evidence of the
girl's statement, width must betaken altogether if taken
at all, considering that she said she thought the child
was dead, be thought It would be wrong to say that
there was a case of murder --that is, that the prisoners
had made no their mind to kill the child when It should
133 born • but hp thought there was very strong evidence
of manslaughter, that is killing by culpable or wicked
negligence.
Mr. fit. Aaiun said he felt a very great weight of
responsibility taken from his mind by the remarks of
his lordship. lie was happy that the charge of wilful
murder was withdrawn, and the jury would have to
consider whether the prisoners at the bar were guilty
of such an amount of culpable negligence as would con.
viat of the charge of manslaughter. The case had been
going on for some time, but he would ask them, to dis-
charge from their minds all that they might have heard
elsewhere of the cue. No doubt the female prisoner was
delivered in the place ; but let them conader the position I
of the poor girl. Here she was living and sleeping in the
same room with her sweetheart, her time was coming
on, she was too frightened to tell her mother what was
going to take place, perhaps her pans seised her, and
in her trouble' sorrow, and agony, she goes to this
place, instead of telling bar mother as she ought to
have done. There the child is born, and that she does
not deny; but for what occurred there, was aho respon-
sible ? tier pain might have been so great as to have
taken away all knowledge from her of what she did,
end when she came to herself the deed is done, and the
chili is dead. The medical man who gave his evidence
very fairly and properly, said the death might possibly
have occurred when the child was halrborn. Ile asked
the doctor whether the bruises might not have been
caused then, and he said it was not impossible,slthough
be did not think they were. Helical men, like other
people engaged in a CIWO, had • predisposition that a
thing could not be done accidentally. No doubt it was
suggested that the blows on the child were done by
tome one; but he mice/ if there might not have been
a broken flint, • nail, or • I r.,ken piece of pottery in
that vault. Was it not • strong thin; for • medical
man to say that the marks were produced by a person,
although the doctor no doubt fully believed what he
said? As to the man, there was no doubt he kept
oomplany with the girl, and was in the place when the
child was born? And what more natural than for him
to gel the girl some brandy? He acknowledged having
gone for that, and did the jury think that both the
prisoners would have said to the po icieman what would
make them clearly guilty of manslaughter? He sub-
mitted there WA no evidence of manslaughter, and as
to the concealment of birth, when persons wanted to
cionclal such a thing, they would take the body away
and say nothing about it. But it was actually brought
Into the house, and the man says openly "1 am going
Ito bury_ it." Was that concealment of birth?
.

nar-ried

knowing

—The Judge; You ought to be very =oh ashamed of
yonelf7(?ughter.)

Robert burnt, sergeant of the Royal Marines, wee
going to put his cap on when be got into the box, but
the Judge ordered him to remove it. Witnees maid he
went through the ceremony of marriage with the pri-
soner believing her to be a mingle woman. She was
married in the name of Mew. He lived with berth
the Ist of Jona, and then went to use, in the Racoon,
to the 7th May, '66, and allowed prisoner half-pay.
When he returned she was not at his house, his furni-
ture was gone, and he did not know when she was
until about the 18th, when he found her at Maiden
Newton. She said she WIM living with a man named
James Bishop, and that she had been married to a
man named Clerk, who was alive at the time she was
married.
Prisoner here shook her heed.

Witness continued that she said she was compelled to
marry Clark against her will. Witnem was called
again to sea nometime Utter, and returned lad year.
Prisoner: He came to Maiden Newton, and showed
me the coalfield., and he said Clark was a nasty, rough,
dirty-looking old man, and he (Caunt) did not blame
me at all, and he would take me back.
_ . .

The Judge, to Daunt: Did you leave her with
Bishop?
Chtuot : I left her to her own way.
Prisoner : I joined him at Newark and he afterwards
left me his half-pay.
Count denied this.
The Judge: I suppose the most you oared about was
getting your geode back again.
Witness: It is a serious matter for a man to be taken
in by • woman like that.
The Judge: You did not liko being taken in, and
you did not like your goods being taken away.
Prisoner : He left the goods to my daughter.
The Judge: A daughter? Did be have a daughter ?
The daughter, about 14, was made to stead up in the
box. _

The Judge: Whose &lid Is that?
Cannt : I don't know—(laughter.)
The Judge: The prisoner ssys in her statement—l
was married when I was 16. Clark went to es, and
when be returned home lived with another woman
I made Gaunt a good wife, while I was with him. As
Clark had married another woman, I thought I could
marry Cannt.
Prisoner: I have not seen Clark for many years,
and I did not know he was alive. That woman (Green)
directed all the things for me, and wrote the letters to
get we characters to be married. She has had three
husbands, and her first husband is living now—
(sensation). She told me that after seven years I had
liberty to marry again. I wished to speak to Csunt
of my first marriage, but she told me there was no
occasion.

The Judge :0 course it was not. The question of
ooneealment arises upon their leaving it in the soil of
the plat*.
Mr. St. Aubyn briefly replied.
The Judge said it was true that in one sense the
jury were the sole judges of this case, but it was not
true in another sense. They wore not to think what ,
In their opinion would be the proper result, or whether
they would let off the prisoners or not. They were
only part of the tribunal before whom prisoners were
tried ; the Judge lathe other part. It was the duty
of the Judge to ask them certain questions, and if they
answered them in • certain way, their bounden duty
ebb& they had sworn to fulfil, was that they should
find the prisoners guilty. The punishment for the
offence he for the law and the Judge, for those who
will take every care that the sentence should be just.
The charge of murder was withdrawn, but there were
two lother charges—that of manslaughter, • serious
question to consider, and which they were bound to
consider 'according to law. If they were to give way
to any thought of their own, and let the guilty go free
they would do far greater mischief than they knew of;
this offence, whereby children are destroyed, is so rife
In the country that, if juries play with it, they will
sacrifice more lives than they save. It the prisoners
had made up their minds that nobody but themselves
should be present at the birth of the child, no that
nobody might know it wag born, then they took upon
themselves the duty with regard to the child. If
they had called in • doctor or an experienced woman,
they would have bad no duty; but if young
women or the men who seduced them will take upon
themselves to be present alone at the birth, they also
take upon themselves the duty of using due and reason-
able care that the child shall live, and If they neglect
that duty by • culpable or wicked negligence, and it
dies ie consequence of their not doing what they ought,
they are guilty of manslaughter, although they may
not have made up their minds beforehand that it
should die. If prisoners made up their minds to be
present alone, they ought to take snob care as not to
let the child drop into the privy. flit fall accidentally,
they were guilty of wicked negligence, and to leave the
child (which had dropped into the sail) and walk in to
put the 110111311 to bed was oirtainly wicked negligence.
Let them consider the evidence. The mother was morally
@peaking, culpably negligent at the beginning; she took
In this man to lodge, and for the paltry sum which she
wouli gain, she allowed Lim to sleep in the seine room
with herself and her daughter. This, it may be said,
is the custom of people in their condition, but it is not
the custom of good people In their condition, it is only
the custom at the idle and bad, to allow a grown-up
man to sleep in the room with • young woman. The
almost inevitable consequence followed, and he was the
father of her child. It was true the child was born
somewhat before its time, and the girl said she thought
Ii was dead, but that it was not is perfectly clear from
the doctor's evidence. The indulgence of the law is so
great that he (the Judge) would not allow the charge
of murder to come before the jury. But on the charge
of manslaughter, was it careful and right, or negligent
and wicked, for a young girl, when her child WWI not
dead, to set down that it was? Did they believe she
really thought so? Ought she not to have expected that
the child would be born alive But there was no prepa-
ration for the birth—more than that, when the mother
asked her if she was in the family way, she denied it.
Why did she deny it? Was it in order to conceal it?
Then they found her going to the place, end she says
no one was there but Robert Bassani, and afterwards
she tells the policemen that she had never had any peace
since. When her mother went out that night, believing
that Robert Beasant was in the closet with her, they
told the mother to keep away. The child was born, the
nasal string was cut, th.• doctor said from the nature of
the out it was done by some sharp cutting instrument,
and that the child must have been held up while it was
out. Did they seppooe that the woman who was in
labour held up the child, and cut it, or that the man
did so. The child dies from the string being out and
riot tied, the girl slept with the mother that night, U
sleep the poor thing could. Ha said "poor thing,"
because they could not help pitying her; but she was
not only "poor thing," but " bad thing." The jury
were now to speak for themselves, and it was upon their
conscience, their honour, and their duty, to say whether
or not these two people were wickedly negligent, If
the child would have lived but for the string not being
tied, be told them the prisonets were guilty of man-
slaughter. There had been some attempt to get up that
the child was not fully born and that therefore the
prisoners were not guilty. The sooner that fallacy was
got rid of the better—that if the navel string has not
been severed, or the after birth come away, that the
child has not • separate existence. tie told them
that was not so in the meaning of the law, and let
them mind that, it was not so. The child is
fully born alive lf it Is fully beyond its mother's body,
legs, head, and all, and its breathing and circulation
are so complete that it would live by itself, as free from
the mother, if the cord is properly cut and gestured.
Ills just as much • different human being from the
mother, as it will be • year after it was born. There-
fore they bad the evidence of the doctor that the child
was born alive, and in such • state of perfection that
no reasonable man can account for its death except that
the cord wai cut and not tied. The negligence charged
was • wicked want of care, and if the jury said the
child was born alive, and the prisoners having made
up their minds to be present at the birth with no one
else, did not exercise due and reasonable care, they
must say the prisoners arex
iigity: Then as to the con-
cealment of birth, the burof the body did not come
within that; but what did was the leaving the child
in the privy on the soil, with intent to conceal that it
had been horn, and It was for the jury to say if they
did that, lie asked them conscientiously to say what

The Judge said a woman would be guilty of bigamy
if she married while her first hatband was alive, unless
her husband had been continually shunt from her for
seven years, and she did not know he wee alive, at any
time during the whole seven years. That was the only
defence prisoner made. Whether Clark was old enough
to be her father or not did not matter. Who was the
father of the daughter they did not know, and the
sergeant sumed to have known of this mishap, but
did not oars much about it, Prisoner had told the
policeman that she knew Clark was alive, and U she
did not know it, how came she to say before the mails-
trotee that Clark when be returned from sea lived with
another woman, and she thought she might be married
to another man? Rho said she made Cunt a good
wife, and that wee not what he objeeted to, bet that
the hid gone off with his furniture and lived with
Bishop. To suppose that she might be married again
was • mistake in law; what the punishment might be
the jury had better leave to him (the Judge). They
had had • pretty good view of the state of married
life in the neighbourhood of Southsea. Prisoner mar-
ried Clark, Clark married another woman, prisoner
married Gaunt, went away and lived with Bishop, and
had had • daughter by another man, and Caunt did
not oars about it—(langhter). But that had nothing
to do with the jury ; they bad to deride whether
prisoner was guilty of bigamy.
The jury found her guilty.
Mr. Collins said that Gaunt recommended her to
mercy (laughter).
The Judge, to prisoner: Do not faint, bemuse I see
you recover yourself Just at the right time to ask •
question which you think will do you good. Where
are Oaant's goods?
Prisoner: He gave them to my daugntor.
The Judge ordered Count to stand up, and asked
him if this was 80.
Court admitted that the daughter had said they
would have nothing to live upon, and he told her she
might have the good'.
The Judge: Are you going to take care of the
daughter?
Gaunt: Oh no, my lord l.—(laughter).
The Judge asked where Bishop was, and was told be
was gone to America.
The Judge: I am not going to send this woman to
prison becaust she has done this. (To Gaunt) :I do
not think she has done you any great harm.
Gaunt: No groat harm, my lord How would you
like to planed in my position ?—(l•pghted.
I The Judge: It you ask me that sort of
I question— You may stand down (laughter).
!(ro prisoner) : You have committed • crime, there
Is no doubt. When you come into Court, and tell all
the stories which you have told so glibly to-clay, I don't
believe you in the lead. Yoe are • thoroughly im-
moral woman, you do not oare with, whom you live,
and you will most likely ruin that child. You are also
an actress, for you pretend to faint, and wake up all
at once and ask any question you like. But Ido not
think you have done math harm to that respectable-
looking sergeant, exoept by taking his goods, and if you
keep his furniture, he may bring an action against you
in the County Court, and recover the value. If • man
oommita bigamy, I generally send him to prison for at
least • year, b 00•1110 the meaning of it is that he con
live with • woman as long Re he es, and den throw
her off, and get rid of the responsibility. You have
committed • orime against religion cad law, and you
must have some punishment. (To the eMser) how
long has she been in gaol?
It was stated that she had been out on ball.
Judge: What will be the result of rending her to
gaol.

Mr. Bawler: She will be put to washing, ray lord.
The Judge: Supposing I send her for a month?
Mr. Bawler: She will not be contaminated, if that
is what you mean, my lord.
The Judge: Look here, 110111411. The best thing you
can do is to behave as deoently la you can for the rest
of your life. Ido not mean to send you to gaol with
the net of the people there ; I do not mean to send you
to gaol at all ; therefore I suppose you will stop orying;
but I esatenoe you to imprisonment for two days.
The prisoner was shortly after seen leisurely lookin g
round her, outside the Gouty Ball.

down

The Jury retired, and were absent a long time.
On their return they brought in a verdict of "Guilty
of Manslaughter."
The Judge said the jury had only done their duty.
Nobody who had heard the ewe amid doubt that pri-
soners, having misoonduated themselves, had @armed the
death of the child. He was sorry to say that. although
he saw fit to stop the charge of Wilful /larder, he
believed they had made up their minds that the child
should not live, The crime is so incressing, so den-
Omelet, it causal the death of so many children who
ere reeng born alive, that he had felt bound to lay
down the law that a woman who chooses to put herself
alone at the birth of her child is answerable that care
shall be takin that the child shall not die from neglect.
The sentence in this use would be merciful to the
woman, because the man being present, and being the
Stronger creature of the two, ought to have prevented
the crime. Probably he instigated the crime. He
would have been the person on whom the burden of
supporting the child would fall, and he probably insti-
gated the mother to get rid of It. The sentences upon
him would be fire yews' Penal servitude. As to the
he took Into sousidoratloa the position in which
woman
yof her mother had pissed her, and also that
probably the =ea, lb* stronger maim% prevailed over
the weaker, sad seateaood it to hard labour for 12
sarstbs.

there,

--not

LOORR MORAL&

CAsorients Mark, a middle-mad woman was Indicted
gor flamtio!sfly inturan,4ng with Hobert °aunt, on
Marsh 6, 1e55, bar forme asband, Thomas Clark,
Islaalma save:
°Winne prossmaan.
Rarrosae.mmmaszsamol She W wanes pow.,
earmas.
velionia pasosise he read She
IPIE se use %My elselse

I did. 1 cadet toll you.
Yid entleithe "Werdaithee " dafth ; A. I don' you by
Jolts Bird. 23, termer, ef imperfect education, was
Y tand down, sir, an
rsuaction can stone for. end by. You amoney I
Lich was not
Indicted for maliciously assaulting end besting with a
wicked and cowardly assault, but one w
leave the Court. d
such Injuriesihea o.u"th cellda
to nil*: r. glia:i 714 dl
rs treatthi
supposeia.l si: we eel,
,n''' uoe;
stick Charlotte Griffin, an old woman 88 years of age,
le
Witness retired, disoomflted.
I know
"likely I shell have to tell
said the old intend
and inflicting ou her grievous bodily harm, at &dumb%
on March 4. • The Judge: • ery - -
hard labour for six cslend.r mouths:.
Dm wens
given by
Mr. Nooks prosecuted, and Mr. Collins defended, emwan Died dm, came into the he
id The Judge thought that the evid. the
~
March, coon
r the o
le Watts -
uthtwat,
lyyou‘luthuui.mairdis
given°n od strilhothucipitid,..tro
Mr. Ffooks said that prisoner entertained some bad
kla
at the buck door; but did not see either
Bird the man and vile- "thou two peep ,
be .
Htheiveith of The sentence Is
will:.
intended to have the dangerous LITcAs which it 11.
feeling against the old women and he seeing her gelato
a haaaa
aaallPied
by
his
servam
Went
in
and
ordered
lchc
'commie some one. but did not know who it
_wea. e
..
of screening their master, and he s i m-
oth. She not going that moment, he took up • stick of
considerable size, and thrashed her in a most brutal
but gave a h evidence well, said, on the 4th la
wanner, knooked her down and struck her 10 or 11 . --- gay- her lag out of Wattles earden.fis
they bad given verdicts which they thought right, they
w old Mrs 0 coming E en* a °V g with
times, most violently. She was then taken to her own "..,
____ •
A ei behind her coming after or
•thes built hid all done their duty, and be discharged them
crs"Mrs. MW°sarijoinitir,a.ewi4tftlie°oldiintriht:wilmhileetr, appeared frig-l-latte7l allow the costs of both these witnesses.
bongo, pat to bed and • medical man was called in who rier_z yr:4h whim h struck Mrs Griffin
their,-1
found her in such • 'tete that there was great danger of 'lra
seem 1.7 ard, She came to su--.-. -
was
a or prisoner come into thewihhotnuc:Uleo,n
..i.
aadte. '
thelnthudisinksithotintghteheopuJurirtuy, Id.is Lorduhip said he believed
her life, considering her great age. Probably, blo
" holl:aed 'gin:der" She held up her thick, as
.11_10
would not have produeed dangerous symptoms in • ~.4 berms,. She afterwards came Into oar
younger person • but with regard to her they mu" trYwitness continued that she got Dilly Foot the Hamlet.
who
great apprehension, so that for some time it was doubt-
fully whether prisoner would not have to appear on
another charge. It seemed that the man was blinded
dead before eso
by some ignorant prejudice against wadies and that ,__ ,„,,, was after he struck her.
kraal that
indueed him to taket he step But did; but the learned her, s"'" ined : She said before the wafts
rdpoktecignsoidtetchbelberip the old
nolorimbgdelogsueirdthe
dune
die
counsel hoped that in the intend of the public at large 'reewel bout "die" but she did not n
e said some •" Oh, do
such blindness and disreputable ignorance would never be
allowed as an excuse for any man inflicting upon an-
let me sit down."
n he said
other person, especially an old woman of 85, sub salad° scabew Bisbehcdoildk
biobeilw
grievous injuries as were inflloted on this poor old
"Is Watts ming over to-day?" They were going
ligature.
Griffin. Not knowing
take the drpoeition of Mrs.
~
Water
He
Charlotte Griffin, the old pennon who had been at-
what limner said. whams repeated
he said
eels::
Bthirdeiriehteouse,eattomdidy, said
to
ilakfludedh'erwuwaccily inetdo' cathdemanaii&Lbox whewritl:hae glesl°edul rocUuckan laln sales
otlFgYwee---oman.the mai HtehateltoMinrdsthes°lracebe wad*** 'Z.:
wonder. Said she "I don't know any of em at &IL"
Her attention was directed across the table to Mr.
d she was obliged to go out of the house. I did oot
Rooks, and she was at last got to answer him. She
said 'Please God Almighty to 'eve me till next %Ise ber bn, is er ii sem in at, she watched my
August, I shall be 86 years old." She lived at Bd. •
d there is the blood on the handkerchief now,
combo. Did dm know Swan Watt.? Looking in • nose, an
wbredgentichek abLitietheeneeltoode oyf
he
seeigif
foundrightl: were
ee
r di.e:i
ntiFe there
ow
irw: la t
jamsetickh a
know her somewhere." On the 4th of March I leaded
scared manner round the Court, she soldvirw'illTitibwpausabt :rilitumlkthsedneWasfercathttelee
her dree heisting,e to get some berm, because she hadn't -r-' to 'apprehend prisoner, but could not fiad him,
warrant
that he was at Liver.
got none. I won't tell no stories that I won't.
d afterwards had • telegraph ---
Q. Whilst you were there, did you see that man (the
and
Be apprehended him, and charged biag with as.
prisoner). "Well
1 Ido hrcansinedUakeicifehielthseevi, anladeetthEePaciagaDerwulltoodoeeeteon ikbidery.
had
a
A. I don't know who you be: (Looking heal at pri-
' young chap t knocked me down.
rides me or not. I used to see her some into my
Q. What did John Bird do to you?
window es plain es I see you now. I should not have
A. He knocked me down all along, and best me as ither as much then, but after I had street her
.wilie
win
be "e' tooth: old
accmcl.
I actire that'.
"ha
Bird'
I now it I. --- 4-mte•
dt;thlgwiCllhilievelotrtebeaGtdhinerri.miyhmenorehe, whether she bat-
he this beating corn in • born, with • stick about ththas workwominshuoPermt Binemailefice,aside
size of this, holding np her walking stick.
Q. How long did he strike you
A. Oh I aimed bit. Some one came, the neighbour' Dr Berens. M*4111141
found her in bed in • very prostrate exhausted 1
"aid it was his sister, and they took him away. complaining of pain in the shoulders, and suffer
-
A. in on Marsh 10 to galiteClociaccCehthikbothibac. Gsaldrifehn,e "wil.d.
Q. Did you cry out?
A. To be pure I did-(binghter)-to be knocked down
on a Mown floor, and beat about.
great amount 01 (contusion and soctiymosis about the
Q. Were you afterwards assisted home?
back, the shoulders, and a large quantity of cites.
A. Well, I was; I don't know who they be.
• ted blood on both arms as far as the elbow. The
fli7iggn te from
e frightened b look,el
nj &
riel
and whicheh a thefrefoamalhiaLß"Hehadfoaandvirira
The question was sekellesi the policemen, Mr. Moth blood found in the cellular timuo of the arm had
shhaecingsaid ait willillas a:di:Foetal that hwlellaperher hd•es°loMß,affeergaaed
Major's little maid also came and helped her.
Q. Didyou hear John Bird make a statement before produced, the
Itmutt
hay.,
beewpfureocadeterymethiebreeebeloerezee,sbeoltredheg.neeback.ldi
tbiheObliethweese
the magistrates ?
A. NoI never heard John Bird speck; I don't
"o°
whether
be
did
or
not.
life' It beating that would not have done any
, was •
Mr. Collins: Where do you live now?
A. In the some booth as when that was done. vbleorythirematurithwrahavetobes:nyo"struckger
person.
Mr. muscular
such
Whirr": danger of her
Mr. Collins; How do you support yourself?
Cross-examined:
A. They have taken up my money from the Surd, would
did not believe that a stick so small as the haul one
.
shownwoule have caused the injuriee merbe moreD id
quicklyn not tutkbee s e
large soth smaller
obe. sticken
d
and I have nothing but what my poor grandchildren
give me.
Mr. Rooks said that even if there was such *nor-
mary Lanni, of &dumb°, knew Bird, who was the
son of • farmer in the same parish. The last old woman 'lnns and
some I"
riding, • man mutt have besides his ignorance
lived In the same place. On March 4, prisoner went _
nem of character that amid obtain no sympathy
by her house on horseback, and she hated him say to • stupidity In the count as the belief in hag'
the bends of the jury.
oilly Foot thing conterning Charlotte Griffin. a
a Mr. Collins said his learned friend adopted a strong
"Dam her old eyes, if I win catch she up along, l'
of „mewing in this case. Be attacked the
kill the old for she hag-rode sae three times lain ii
co
he attacked his own witnesses, and In •
night." Daly made answer "I hope she had • good prisoner,_._,. ,„,a„ ho attacked the jury also, for he said they
taught (jiff). He said "I'll taight her." Afterwards she eei_.' "7;_swien only one verdict, w they could return
saw Char otte Griffin, and went into her home, went could
in-(proceeding to a long story).
Mr. Ffooks: " That 'll do, that .11 do" throwingbill? ocrebbeldrieeeernot deny.
would have
was only guilty of &common assactle They
butt4sh:
down his brief, amid laughter.
Mr. Collins: You thought she was a witch, didn't had almost been act Into mince meat; but when be
whattthehogohltd verdictiwr°eme
antbl
.thwyfairiPiselmlnstdraek's remarks that this old lady
you.
ewvisidlleesseepozsittblee
111rA..IConecilinsec bad:
Meant acirrYis ver:ordlikwellyth. hariiheinneclierillha% -
In
dui f h rfuln it seemed rather ridicalou great o o imi us,
rode you?
to use the exaggerated terms that had been employed.
A. No, of that Imn quite sure-(leughtea) sawthane witness boolxB,6anyrgivingof aii°4heral
Ills had not been for this wretched hag-riding story,
Adelaide Foot, wife of Robert Foot, of Batcombe,
the would have been settled at Quarter Sessions,
lived under the wee roof as Charlotte Griffin, and saw
__
summarily. But merely weenie some people had
prisoner go by her house. Sher hoard him say he'd "
Idea that this old woman was • witch, the Court
serve out Charlotte Griffin "because she'd • hag-rode an
had been occupied with this case. The young insa was
him." She replied " Did she have a good welt ? '
She afterwards went to George Major's house, and a foolish half-witted man, and had the ides that the
found Charlotte Gran sitting there„ sue seemed wpamern " hadieroilferms" herimead, and
aalthizroghhwharde weans. titieciegi:
feeble and trembling, and asked to be helped home. '
When they got her home they uncle her • oup of let,
and put her to bed. She had a blow on her leg bolow
was very wrong, he gave her 9 or 10 blows, whioh no
her knee, it was taming dark, and there was a blow on gowdomtbanicciowmree:°thhedto lhdisealelboatrehelcs head,
whbeedcoethewhatola
doubt caused her Some Injury. God forbid that an old
the bask of her shoelders.-Crossazamthed by Yr.
Collins : A good many people have been hag-rode,
woman of 88 years old, should be toothed at all I But
haven't they?
The Judge: Are you going to set that up as • fact? hicerlecoodmr wdlcui. rebicheacwyse,grieheTtrcld
Mr. Collins: I shall give you no opinion, your lord-
suck. Ti. 34. who were these grievous bodily injuries
hb°citheeritolilinhisgoaornelasbedllaeiddidnicongiot, and he struck her with the
ship-(11ter).
that were inflicsted.The dootarseensed initiated with these
The Ja : Then 'll give it for you.
frightful wounds, inflicted with • small stick which
Mr. Co : What is heg•riediog ?
Witness: I don't know, prisoner happened to pick up from the floor. Then
toe man is so frightened that Ise runs away to Liver.
Mr. Collin: She did not deny it, did she?
. pool He is taken there, sad, being brought bath,
The Judge (impatiently): (food gracious.
~., repeats the silly story that had had mach an effeet upon
At this point the cue stopped, some proposlmon him, and also ma w that she met in his face, and
being made by the amuse! for t • defence,.
to allow the old lady • pension for her e scratched his 110se. Mr. Collins went on to argue that
Mr. Collins said it was evident the young man was
th .. hag-riding.. ida. wed to hare fawned ovary
lebooring under a delusion, and that • looters
body in the case, and that it was an exaggerated one
position w
would do him good. Is was understood that the pro-
from betinaing to end. He called witnesses to psi'
as lif,
son-Ws e armmr.
and that the charge should be withdrawn.
Mr. Alfred Hodges, farmer, at Bstoombe, mid
The Judge rue, and went into the Nisi Print Court.
DOn his return he said he had taken the opinion of his imia°er's father was churchwarden. The prisoner is
brother, Mr. Jostles Willes, who had had very tar greater kind,. and far from being a vicious young Man.
experience than himself, and he entirely sense with aiohi Dawns, a retired farmer, had known the
d prisoner from his childhood to the premed time. Be
him, If any transaction of this kind bad taken place v"..,-„Ther-t anything het the present affair.
before the matter had come into Court, and ho had n"'" " d
The Judge ad the question °was whether the prisoder
been told that the ease wag withdrawn, end no evidence .ogiesou bony harm something had h„, mid ohm"
weg given he might have oonsented. But the case
'the jury giving what verdict they althea He hoped
having been opened in this Court, and evidence having
there was no such thing in the law-they were to give
been given that the women was assaulted, he thud not
me the verdict they believed to be true etherding to the
mmeeetteiteeert seemedyraeneytotrahraen, tlemiatri,'„,..fereafe.,,te.„—... evidence, and whoever asked them to give any other
attempt-------- t-- excuse, explain, almost arin'o," t'''t,TituTify""rhise verdict, listed them to break their oath.
wretched nonsense about bag-riding, which it is said
Mr. Collins ros, to exp Lela
certain people believe, but which he was apt to think The Jalge said that when counsel of considerable
people didn't believe. If the prisoner had assaulted vigour of expression and considerable talent used such
this old woman of 86, he mast suffer according ording the weed'. it as his date t correct the impression on the
criminal law of this country like anyone else, jin-y's• mune. It was mild they might Sad prisoner of
Harriet Mththews said she saw marks of blows on guilt, of &common assault. So theymight.if they believed
most find him guilty of the higher offers's-
n if
the old women's arms, on the leg just below the knee,
did not Mot bodily harm ; but they believed he
She did not at first see any wounds on her back, but c1:1 theydid afterwards, and also saw marks on her shoulders, Considering that it is necesurry to forth people to
a greater
their i nmbus, the law has said it le
arms, and back. Then marks were black, and each u bridle
law.
ff... to whet bodily hum than to maxis a common
be done by • stick. When Mrs Griffin went
&ma "aiiii to keel, they must
home with Adelaide Foot she was very feeble.
If people chosetake ease to keep themselves within the minor offence;
Jane Parker, daughter of Mr., Griffin went on 3un-
day, March 5, to her mother's house at lietoombe, and but if their passions
get the upper be" el them they
found her almost in • dying state. Whilst she was must be more severely punished, There was no sugges-
thera the element= came in and Dr. Ewans was sent tien that the yea" minis him" ; he raw" beTeri
for. °burred that her mother's right hand was much foolish if he believed what it was said he did' but
discoloured and stroller% and the appearanc, of the hind even that would be no °wideness of insanity. They
were told that half the country side believed that old
swaabloccw.iflat was velrrr muachclidiscock hlOduredcarrOlsotthlfiemshstealkidear
h and 3,
a appearedit ewk ,sabi orelicideterntheratie.nlelydwomen can " hapride." lie
other twgh a coe re
da fs timesLe
e • se' SI
i fhd °
woman,dying,sometime. ith
heinkt other's% dift
the sake of taking only, and it was very doubtful if
the.young man, believed it. He might have taken a
tpaarmreltt
Mr. pfoo-ke :u e man is drunk in she moral,he dislike to tbe o 4 woman ; but if any person believed
may be sober in the afternoon, ei that to be • ground of attenuation for the offence,
The next "Beau was Robert Watts, who works for all he mead my was that was so mash the worse for
Mr. Bird, the mind of the person. There was no defence, and he
Mr, Flocks proposed to Ist the witness go back; but should be ashamed to put it to them on that ground,
thehis
°eriding lordshipme'
questions,behindman; culled
I rw° Ie
gil youlog: man
waggon,
b e.
b e"° very
e nfroyr d
heard wiacrelardag you
hmacli
eldbt to le
bow you
:-Attendo. D.
u answer
His lordship then went through the thirteens, and said
Watt. was then examined, gad said he saw the old woman went to the house of that disreputable
ill-oonditioned fellow Watts. Did they believe • word
Foot. Heard him speak about Charlotte Griffin, but ..ffierV66.
of the evidence of Watts or his wife? Or was this
prisoner
of the prisoner's father, and had moms here bo
be did not say any harm of her-ell he said that what had happened? They had been labourers in the
1 y
--, what wee untrue that they might try to save their
the old woman must stay at home and not trouble him young muter ? If they are uatruthf al witnesses, they
at night-(laarshter) Shortly after the old woman ought not to he believed at all, but their evidence
.
s ii
came into witness', house, end Bird ordered her out, entirely Paled by, Been Watts admitted that the
and told her not to come there at all. He took her b prisoner struck the woman, and he ought at least to
the arm and pointed her toward the door, and told
her to be off, and not some there any more, She said thae°°orermatoohnaied with
says he Itenhiat outnlac *tenths Icatewlhouse. of
nothing but turned round and spat in his face, and he poe,ible right could could • young men of 23 have to
give a thrashing to an old woman of 88? Even if the
then took • stick from • 1 t, and gave her • cut or
, two on the shoulder and the back. The stick wee • old woman had scratched his nose or spat In his fef...,
little hazel one, nothing like so big as his little finger,
afterward' went into the stable, and left the-a there. ' it was not much to be wondered at. It was • very
(rut insult loran old woman to be called • wile. and
Mr. Fluke: Did he strike her hard? - if she had resorted to what be might gamut call her
A. I met tell you,
natural weapon. the only weapons she had, She WWI
Q. Did be appear to strike her hard ? not mull to be blamed. The right-minded people ed
The Judge : Did he say anything about this neighbourhood are always the first seethes;
A. Your Honour? sir ?-(laughter).
although they might apses too lustily, and prisoner,
Question repeated. I ain't answer that, so far as e • tue earthed, he was dimmed, lentos. Liverpool,
so at all? sem. le
that 1 don's know,
diCkTAisalbriSuudgetbafber:ol-o,ll7lohirseEilionour. ilia lordship then left the ease to the jury.
putting the The J , after short nultation, found the
Prisoner guilty of infliefinsi berlily harm.
Mr. Collins semis. had none witnesses to call who
I stood there prisoner ISMS in and ordered would tell his lordship the state of this young man's
A. He said be would she did not keep off. mind.
The Judge; You say before the magistrates, "While Mr. Riau Bird, father a 9.4."14.' Mt" that two
her out of 7 ago Ida am had an abuses la his head, which
the
doors.
Re Imbed what bullies* she had there, and broke twiee. Last year he fell down I. the hay field,
told her if she did not take herself off, he would put and w laid up for a milsidereble time with low fever
the stiok shoal her Imok." le that trite?
and h:ad Dr. Clapeole to attend him.
Witness: That Ii about the rignts on it, I believe. Dr. Good, surgeon at the gaol, said prisoner had
The Judge, Audi holism° teat is the rights on't, been in gaol since the 17th of March. He was • peer,
00. Where was she when be atm* her? simple, week-minded monomaniac. Witness had seen
A. About the middle of the hough. Dr. Clement who exposited to be here to-day; bathe
The Judge; After be had et
own? ruck her wag she up or had a very urgent ease, and could not attend. Witness
A. Up. understood that Dr. Clapeott he attended prisoner
for low fever, &n.I be considered him affli with
cted
The Judge : Did you me her when she wag down ? hypeaboadriasia. The monomania with which prleonsr
A. No. I went one
wu affected was that he believed in witchcraft. aed
The Judge : lied he struck her when you weed out? under the impression that he had been " hog-
& Yes. I told him I did not want any fighting ridden."
sere, and left the house.
The Judge : Kr. Ffoo Is that all?
ks: What 1 fighting with this old woman ? Dr. Good: Yes, my Iced.
A. Yes.
Q. Did she my out? MOTS passing sentence the Judge said there had
been an offer to ese give money to settle the ease. By the A. No, not while I was present,
very offer it w suggested that the prisoner's undue
Q. Did she cry out when be
"truth h was so some extent exphdeed by his belief in thisA. Well, I don't know whether she c: as
? cried out or not absurd notion, wbioh bad hese set up. He (the Jade)
-not in my " position,.
had obtained the beet advice which he could, and her
The Judge: How did you come into town this morn-
as found that him learned brothees °platen was the mme
le
his own-that money could net cover erline, sad be
A. By the train from Malden Newton.
therefore thought it his duty to have the case tried.
Q. Where were you before?
A. I came from his father's farm this morning ? It teemed to thm that the jury would have most isn-
Q Who Mae with you? properly negleoted their duty, if they bad Limn :my
.
A, I came by myself. other verdict then they did. (To the *senor) ;tee
Q. Dl4 you seep anywhere by the way? both this old womse„ and I ray the very lust I ase
when I thy you bed Imo amelly. Never try to mane
A. I stopped here, and had bell-repine of beer. I this ea to yourself, never allow It I. he mid, that
had to stop at Maiden Newton before I ethos here. after all, this women • witch. That is grows and The Judge
ing? : Where did you get drunk this morn- ridiculous thesesse. Neewitetheadieg the evidence
A. Nowhere. that this medical gentleman has just gives, who
rubes from /dime
Tne_Jedde one fact euly-the thee that you to
: Where did you get drink last night ? your delusion-to the Idea that you are an luau man,
LA. was out in the hay The Judge:
cb seaking aim, you have never shown any evklethe of insanity on any
By Xr, ee': llet will dor other othadn. If o I were to listen to such • plesi,ll
I also said before the magistrates should be sountheathing the belief that It is said you
that
rinrileiketucciallarth.lgsforeold swhoeciaaspatkalwarbiams,t neddt°anc,
Is
sexithasailcialee
eeideeeeand, ill do
.doesjiatetyellailaetaiillnonetblictisekeewallaildibwhiefverela°rellumwTrohaani4er:
h•Bilytaimitle imirJewidithsalleglighreclieredbaaa hi, out of the house and bemuse you choose to believe in sea ridiculout
WTI:: Judge:thespa
sizt strary. out when he struck her? Thlaglis an absurd argument, and I altan
aceyealeuCc be tilakt
differently
taet you sis°thmal
A. Not that I know of a "sae mu, who did a cruel sad cowardly set to an
The Judge: Will you suer that ?
old woman 80 yof age, who might to have been
TheA" 'trudge : ears
Jest listen to what you swore before the realeyowraig vilest rewvicomiehali your respect, and
Pk'
er°ll(lseet blei
meet:hetes :-" She honied out "Oh r when he streak hese well eithesiedt and beentiesp, end by
A.
Is that true or no
At ? you threats dame it rePrelif tom . I don't w you were
=Ado wbel we Trees. 'Ku. Iha tar tram
The Jodie ;DMye s 'ayes? Weeit pm Ilivight YOS we* burl tim eld

NISI PRIUS COURT, THURSDAY,

(Before Mr. JOSTIOI WILLIS, and a con:Trion Jury.)
Summers v. Executors of Phippard.— Mr. fallen,
instructed by Mr. Reads, of Bing wood, for plaintiff;
and Mr. Lopez, Q C., with Mr. W. Ffooks, instructed
by Mr. Giles Symonds, of Dorchester, for the
defendants.
This was an action to roarer I:40 for the haulage of
sand from the Carey estate to Wareham Malawi, he-
tween 7th July, 1868, when the estate WAS sold to Mr.
Sterdy, to December, 1868. After the sale some diffi-
culty was raised as to the title, and there was an
appeal to the Court of Chancery, when it WU ordered
that he purchaser should receive the rents and pay
interest on the purchase money, from Michaelmas,
1868, pending the conveyance of the property. One of
the profits of the estate was sand, which Mr. Phippard
used to sell to!tbe Nallecs Glass Company. They wished
to continue receiving the sand, and applied to Ur.
Lacey, of Wareham (Mr. Sturdy's solicitor) ; be re-
(erred the matter to Mr. Symonds (the solicitor for the
executors), and Mr. Synteeds assented to the continu-
ance of the supply if it was advantageous. Upon this
Mr. Lacey told Green, the) care-taker of the Carey
estate, he was to go on supplying the seed as hereto-
fore. There were vatioas communications from the
Nallsea Company sent to Mr. Lacey, some or all of
which were forwarded to Mr. Symonds, but he did not
seem to have token any further,part in the business.
Plaintiff hauled the sand, and when a bill of £4O had
thus been ran up, the company failed. Then the ques-
tion arose, at whose risk had the trade been carried on
by—the execrators' or the purchaser's? It was sought
to show by plaintiff that Mr. Symonds bad received the
bill for haulage subsequent to Jun?, 1868, and promised
to attend to it after he had been to Nantes
to see if it was right, but plaintiff was very uncer-
tain on the point, and his subsequent letters to
Mr. Symonds rather negatived too suggestion ;
while Mr. Symonds himself spoke positively on the
subject, that he had never entertained the liability of
the executors or taken any part in the transactions.
The Judge asked Mr. Lamy if be was prepared to allow
to the sellers In the settlement of the purchase the
amount plaintiff charged. Mr. Lacey replied there were
other things in dispute with Mr. Symonds. His lordship
said this was • question of itself, and he distinctly inti-
mated that wouici be the proper warm. On this Mr.
Lacey said be would advise Mr. Sturdy to pay the £4O,
on having the deeds properly executed mid handed over.
Then his lordship tried to make it pleasant all round.
He thought the plaintiff was to be pitied for being
brought into the affair: that Mr. Simonds, who had
said be felt that his chamfer was at stake in the ques-
tion, was not in the least susceptible to any imputa-
tion and that Mr. Lusty had acted very properly and
done ell he °mild to the matter. In reply to the j adga,
Mr. Byrn...in& said be would rather go to the Court
above than take the verdict of the jury, and on this a
formal verdict was given for plaintiff for £4O, with leave
to move the wart above to enter • nonsuit, on the
ground that there is no evidence to go to the jury.