The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1867-11-05 00:00:00

ot000."—Croso-ozomiwod : How do yen sooowat ter
hawing rid that beton tie maestro*. ? I suit amount
boil.

°torn* Koorboase warobouninia, spoke to seeing
A 11.., !Atkin, mind 6;:oaId monist away (row tin v.n,
and &misting in their captors. Allis had two revolve*s
I. his hands.

-iii-ontas— Barlow, who was working newly opposite
the railway arch, about • mile off, in: About balf.past
Jour, or twenty minutes to flee, I saw some men running
from the Hyde road, over the railroad slope, and 1
thought them had been • " pitch in."- -Whet is • "pitch
in?" Two cerriages running into one another -
(laughter). A. I was 'Moe t see what it wan. I sew
Gould and Allen linking arm-is-ann. I ran 1100 yards
by them. A lot of monis on Mae wall were shouting
but I meld not understand what they were sayin I
' ram to Gould and Allen, and said, "It's you two devils
you chaos are after." Alias said, "U you come on.
step nigher 11l blow your brains est." He had a re-
volver in his bond. I mid to his, "U I had dose
nothing only stolen summet, or had a row on th' rail-
road, I'd throw that thing away. You're safe to catch
it. 'rho crowd by this time mom nearer, and said,
"ff.'s shot • poliorman." With that Gould dropped
his mm, and said." Come on." He threw his revolver
does, and they went on inn is arm. I ran and got •
policeman. Allen and Gould went on for 150 yards
together, "linking" arm in ann. I went after them
with others, and same op upoe them. I rit my baud
on Gesild's shoulder, and said, " My man, we ham thee
resit." Allen ran on, and I followed him and overtook
him. He had hi. revolver in his hand, and it was taken
from him by • man named Flint, who hit him on the
head with it. I end that wins shame, and pin-
tooted Allen. A man mine up eith • briek end hit him
on the head, and the blood flew all over my smock. They
punched me on the leg. Many • mooning& "Kill the
I mid, " No ; whatever he lug dose hell have
to answer for it another day." He fell in my arms like
a piece of lead.-By Mr. Dishy Seymour: Allen fired
his pistol in tbe briekseld at the stoma, eo ae not to I
hurt anyone.
Emma Halliday, a prisoner in the van, said Brett was
looking through the upper part of the ventilator when
I saw • pistol placed through the opening, and I caught
hold of Brett, and said. " Oh, Charlie, do some away
look there." I pulled him beck, and his bead came on
• level with the pistol, which was dimharged. and Brett
fell. The man who fired the shot wise Allen. After
Brett fell, a man came and asked for the key., bet I do
Dot know wbo ha was. We told hies that we dare not
give him the keys. He put • pistol through the openine,
and said that if we did not give him the keys be would
blow all our brains cut. • we. took the keys out
ef Brett's pocket, and handed them through the opening.
There were two men outside, but I do not know which
of them got the keys. The Van door was then unlocked.
-By Mr. Seymour: I do not know in which of the
bones Kelly and Deem were. I could not identify the
man who seed for the keys.-Did you before the magi'.
trete swear that it was Allen 7-No; I said he was the
man that shot Brett. Upon your oath, did you not
swear that 7-I don't think I did. I believe I and I
meld not swear to the man who asked Brett for the
keys. Ida not know whether I said that "As soon ea
Brett was shot, Allen came to the door and asked for
the kept"
Mr. Seymour reed the sentence over from the
d•Pc.nitiou, _

Wittier : I said a man, no. Allen.—Kr. fleymonr :
Then they have put Allen to it?—Yea, they hare done
am I mid "a roan," not Allen. My deposition Irma
mad over to me before I signed it, but I did not noMee
those words.

A model Of this van wa• produced. By direction of Mr.
Jastios Blackburn it was handed to Mr. Seymour for h
um:elution. The model was also imputed by the
Attorney-General and Mr. Justice Bluktrure, who
pointed out the position of the key-hole in the model to
the jury.
Men Cooper, also a prisoner In the van, rid that
titer Brett fall, Allen said, 'Give me them keys or I'll
blow your brains oat." While saying this, he had Lis
hoe dose to the ventilator, and h• put his hand In. I
was frightened. I knew when Brett kept the keys, and
I took them out of his pocket as be lay upon the goo,
of the van. I FLYS the keys to Allen through the little
door. Allen then opened the door.
Joseph Parkinson, aged 12, • prisoner In the van,
said : I heard • shot at the ventilator, and afterwards I
raw a man enter with a lightish coat, • brown hat and
blue necktie. It vu the prisoner Allen. He said,
" Where's Kelly r A man in (the prisoner) Baxter's
box, oppoeitelimine, said, "He's hers." A man in the
end box ssid. 'No, he's here." I then sew Allen try
the box with two wrong keys, but he opened it with the
third. I did not hear any other box opened. Two men
went not h•odeuffed. Allen went out with them.— By
Mr. Diem Seymour: I said before the magistrate. Allen
had • whitish out on and brown hat.—Mr. Seymour
It is not on the deposition.—Mr. Justice Blackburn
Ho mentioned the blue tie. —Mr. Seymour : But not the
east or bat.—The Judge It was not taken down.
Joseph Howard, one of the officers with the van,
amid only swear to Allen and Gould.
John Baxter, a prison warder, ran after and helped to
take Allem, who twice turned on his pursuers and fired
his revolver.

Police-constable Knox also liiantilled Allen.
Jens... Mayer and Thomas Sperry spoke to Allen,
Gould and !Arkin being present.
Beth Bromley, the deteciave officer, who waa shot
through the thigh, end whom 'video°s bad not been
previously given—swore positively that Allen was the
min who aimed et him while he was descending from
the top of the yen, the bullet paring through the thick
park of the thigh. He also deposed to Glod's firing at
hum.

Cbalids Thomas. a plumber aid 'basis., in the Hyde-
road, who save • detailed statement at the police-court,
had his evidence materially shaken in crow-examlnation,
admitting that be had reserved for the trial • statement
that he bad made to a eertak persoa to the arena that
he mo Allen stoop and point his revolver through the
ventilator, as if deliberately taking aim.
The Coats then adjourned.
The trial was resumed on Thunday morning at nine
o'clock.

_
Richard Speneer deposed that he saw Allen run after
four or five policemen, and fire when be got under the
arch. Hs aloe saw Larkin throwing stones, and assisted
In the capture of Gould.—ln erosseniatniontion witness
said it mail the only time he raw Gould.
Mr. Holly, landlord of the Hallway Inn, in the Hyde-
road, said he saw Allen with a revolver in each head.
one of which he pointed at witness. and fired. In woes-
examination he said he did not think Allen had any
evil Intention in pointing the pistol at him.
Joha Taylor, poliee-oonstehle in front of the vast, sew
Allen ran across the archway with revolvers in his
beads. In erom-•zaminatioo witness swore positively
to a man named Foley, who isad been discharged by the
magistrates, being engaged in the attack.
Henry Eipawsos. went with Oben to render assistance
in repelling the &Meek. He was going ahead, and the
crowd said, "Co.. MLA, you fool.' He tensed round,
and in doing so was shot, but he could not say who shot
him.

--POlkuvoonsteble Trinntrd, one of the °Moen with the
11110. mid he taw Brett looking through the ventilator,
and the mon were firing pistola and throwing ttonea
Witness retreated, and was grimed on the back by •
bullet Bred at him. He saw Allen Mending with one
foot on the step of the van at the time be had the pistol
in the right band, but wham* did not tee him fire. He
did not notice anything in his left hand...
. . .

Mr. Woodoo eurgooe— , mid Brett died from a ballet
wetted which h parsed through the right ode of his
head.

P.C. Diekens saw four men converting in Swan-
street at 3 am on 11th September ; Gould was one.
They parted in pairs. He followed two to Henry
Wilson's house, end with assistanos arrested there, under
the vagrant Aet, or loitering in the streets. They
were Kelly and Deasy, who each had a loaded revolver.
They gem the names of White and Willisms.
P.O. Herd chased two men, and garotted one, who
prred to be Shore. . .

Inspector Garner spoke to the mod commitment
of Kelly sad Deamy being filled op " for felony."
Severs' other whereon gave oorrobnratiee or formal
widener. !writhe ems for the prow:action dor&

Mr. Dishy Seymour, before Opening the defence, sub-
mitted to their lordships a questions. to the legality of
the imprisonment of the men called Kelly nod Deity at
the time of their rescue from the ran. It was in
evidence that they had been apprehended on suspicion
of felony, and were remanded on that &ergs under the
Vagrancy Act. According to the officer who Ailed in
the warrant it was filled in with the word "felony,"
sod no: suspicion of felony. Re submitted on these
grounds whether they were not illegally detained, and
pointed out OWN mentioned, among other', by "Russell
on Crimes" in his last edition, in which it had been held
that if s NMI IP NI illaplly detained he had a right to
liberate himself if he could, sod if in doing so, net using
more violence than the eireunistances demanded, death
resulted, it would not be murder, bet manslaughter. It
was farther held that if persons aiding him to escape
should kill say one, they would be clothed with the
excuse.

IMO

Mr. Onttingbant end Mr. O'Brian stipporied the argu-
ment, which was replied to by the Attorney-General,
Mr.
..Pickering, and Mr. Bannon._

Mr. Jests.). Blackburn ond Mr. Justice. Mellor ulti-
mately retired to lunch. promising to 'consider the points
raised and give an •flawer on their return.
Mr. Jostles Blackburn (on the re-assembling of the
evert) mid, on consideration, he and hit brother Mellor
had decided, when the asee wan concluded. to put It to
the Jury to consider whether the prisoner. bade °out-
mon design to rescue Kelly and Deasy from the prison
van, and whether they used dangerous violence.. If the
fury were estisfled they did it ruing dangerous violence.
they were of opinion it would meditate the crime of
murder. They were of opinion that even supposing the
prisoners had been told that Hilly and Deasy wove de-
tained under, warrant white was not regular or legal,
that would not raceme them for using dangerous
violenee in rescuing them. Re would not say any-
thing as to what might be their opinion if the wise had
arisen from sudden impales ander provocation. They
thought the prisonera in the van were under legal de-
tention. . .

-16.--Eleyenour submitted there would be smother
question Joe the jury as to whether there was a gam-
mon intent to reset" sod one of them used an enema
of eioleoce, all the rest would be equally guilty.
Mr. Janne Blackburn: If there wu a common le-
nge to use dangerous violence to proeure the rune by
on& the others aiding would be fully se guilty. In
aoseer to a gnostic.° from Ifr. Seymour his lordship
end, altar their Tatars to London, they ;bond be glad
to he furnished with toy further information ea to points
which had been argued.
Mr. &mow said he proposed to coll witnessu for all
the prisoners wept Allan before be addreseed the jury.
Nine wittiness were 0111111141 to prove alibis fcr four of
the prisoner&
' '

0; Friday morning Mr. Dighy Seymour addressed
the jury for A 11.., Gould, end Shore. He reminded
SWIM that they were sitting in monad on • ease of life
asil death, and exhorted them in consequence to direst
from their minds the rad piston that was presented in
thiceZde-road when an old and raked ofileer was
is y Moiled est of life. He (Mr. Seymour) asked
them to do this. Means. if they did not he felt that 'hey
maid not in osmidering their verdict do juotioe to the
prisoners he represented. HI than referred to the
military and aril precaattoni that were taken to
prevent • repetition of a rescue, sad to Um memo Waled
In different parte of the court lest the tialWag Mould
he fired, obserrhm that all these precautions Ineedisd to
smite a prejudiee aphid the Fillmore as aseponste
am. He pointed ant that Vie primmer, were not
gamed with Fsaisaisw, aad mid, of all the mass that
sew 611 upon unhappy Ireland. Failaalma wee the