The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1858-03-09 00:00:00

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to the carman's house and made a search, and in his
garden many things were found buried. The articles
stolen were sufficient to load three men.

The jury found the prisoners Guilty.
Sheath was sentenced to 18 months' imprisonment,
and Kenneth and Baker were sentenced to penal servi-
tude for 8 years.

Nisi PRICB COURT.—(Be(ore Mr. Justice CROWDZE and
Common Juries.)
DEAN V. PINK.

- -- --
Mr. M. Smith and Mr. Kerslake were counsel for the
plaintiff, and Mr. Phinn for the defendant.
The plaintiff was • fanner; the defendant WU a sur-
geon. The parties resided near each other. The action
was brought to recover damages for slanderous words,
the defendant perseveringly saying that the plaintiff had
stolen a sack of oats from • particular person.
The jury found a verdict for the plaintiff—Damages,
210.

TEIORME V. HOLDEN.

The plaintiff was a builder--Balan---. gatoke, and the
defehdaht a surgeon at Crondall.
Mr. Poulden and Mr. Kerslake were nowise' for the
plaintiff, and Mr. M. Smith, 14. C., and Mr. Coleridge,
for the defendant.

The action was brought to recover the value of a
staircase to a house being built by the plaintiff, but
which he rejected as not being according to order.
The attention of the Court was occupied for at least
ten hours on Wednesday and Thurday in hearing the
case, and many surveyors and others were called on both
aides.

After an able summing up by the learned Judge, the
jury found a verdict of £2O for the plaintiff.

FRIDAY.
CROWN COURT.—(Before Mr. Justice Wutge.)
Benjamin Speing was indicted for the manslaughter
of
_Aaron Newbolt.

bi-r-.--io-u—nde—n—proseented, and Mr. Coleridge de.
fended the prisoner.
. . _

From the statement of the learned counsel it appeared
the deceased and many other persons were workmen on
the Dorchester and Southampton Railway, and the pri-
soner WM the foreman over them. In December these
men were id a truck proceeding on the line to their
work. It was the ditty of the men not to get out of the
train while it was in motion, and the driver of the
train was to obey the signal of the prisoner, and stop
the train by his direction. Just as the train was com-
ing to the place where some of the men had to work
the prisoner desired them to get out, but did not stop
the train. The deceased, amongst others, jumped out,
but fell under the train; his legs were fractured, and
he was so much injured that he shortly afterwards
died.

The learned Judge said, if these were the facts which
were gro be proved hn WM of opinion that there was no
case to go to the jury. It was a very datigerotis habit
for persons to get out of • train while in motion, and
the employers ought to put a stop to it. Manslaughter
oonaisted in causing the death of another by doing
some unlawful act, or neglecting some duty which the
law imposed upon the individuaL The deceased got
out of the truck with • knowledge of the danger; it
was his own act, and the prisoner was not responsible
for it. The jury must, therefore, acquit the pri-
soner.

Mr. Coleridge said he could most dearly have proved
that the prisoner was most strict in his orders to the
men not to get out of the train during the time it was
in motion.

vediot of Not Guilty was then taken.
It may be noticed that the learned Judge in Ma
charge to the grand jury took particular care to explain
the law to them, and directed them to throw out the
bill. The grand jury, however, in their wisdom re-
turned a true bill.
_

Jacob Longman was indicted for maliciously shoot-
ing at James Donelly, with intent to do him grievous
bodily harm..

Mr'. Poulden conducted the case for the prosecu-
tion.

It appeared that the prosecutor Was a gunner in the
Royal Lancashire Artillery, and was stationed at Marsh.
wood, near Southampton. On the 21st of January
Donelly and some of his comrades left the barracks and
went to a public-house called The New Found Out.
About 12 o'clock at night they left the publichouse, and,
seeing a light in a cottage and hearing some talking,
they wanted to get a light, and went to the door and
knocked. Some words passed, and the door was opened
and a man came out with a stick and knocked one of the
soldiers (Helmick) down with it. Upon this Donelly
got a stick and threw it at the man, and one of his com-
rades procured a branch of a tree and ran towards the
cottage door, which was directly closed. The soldiers
were then going away, when Donelly received • shot
from • gun which was fired from the cottage. Donelly
was assisted by his comrades back to the barracks; seve-
ral shots were taken out of him. He was then removed
to the hospital, and had not since been able to perform
his duties. They were neither drunk nor sober. They
had been at the publichouse from 5 o'clock until 12.
This was the story as told by Donelly, but Beswick
completely contradicted him, stating that he never went
near the cottage, he never was knocked down, he never
took up a stick, and was 200 yards off in the road when
he heard a gun fired.
It was evident the three men were all drunk and
could not tell what really had occurred.
The learned Judge stated that when persons were at-
tacked they were justified in using weapons in proportion
to the attack. MB Lordship also pointed out the dis-
crepancy in the evidence.
The jury returned a verdict of Not Guilty.