The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1865-02-21 00:00:00

I generally those of persons 'behave died from exposure,
the blood in the veins being at .gnated $o as not to be
&An to return to the h, art. The blow on the temple
might have been sufficient to have stunned him, causing
' slight oeuculosiun of the brein (which le dunning); from
the tif ct of being cup ,se-I to the cold lie never rallied,
and it would t .ke tome time before death wonld tam
Place. If he had received attention ie all probability,
according to my opinion, he would hare mrvived.
Mr. Beskett said tat that ens hi. 0.5.
Mr. Westen remarked that it cruet 1-ini that there
was then no charge to answer. It was for the magietrat •,
Airier heetring the mt deed evidence, to consider whether
it wet nicessery that the Co,llrt shookl be detained by •
lone speech from I int or nolo.
Mr. Wil:iams considered thitre Was quite sufficient
evidence for Mr. Weston to proccel with hie speech.
Ile would go fu tor than that—
Mr. Wislon said he was ninth trpri,e-1 Viet the care
litel closed in the w.y it bed The inquiry INA taken
place not • through the meson or instigation of any
priva'e inditPual, where 'mite fetling lei lit he pre--
sum-1 to octet, not by to I,llhlio autlenitiea, and he
considered that all the evidence ehich melt h•ve been
brought to bear against one rile or the °tie r eltould
have been brought. There were several witneee, s who
might have li, en cs tiled, who woell have given most
important information on thesubject, and voted have
cle teed up what at present appeared a most extraordi•
naiy and mysteriouseteteef thine.. Several witness, s
might have been Galled, of whom lie w.a n-t aware on
Monday, but they had not been produced. Ile did not
wish to make u-e of a harsh term in ea) itee tit It thi,
evidence had be. n euppres,c 1, but at all events it had
not been elicited, for if it had it would have given a
different complexion to the matter, aed the Court would
not, he thought, have had the slighte,t he-i,etion in
dismiseing the case. When they found • prosecution of
this kind conducted by pnblie authoiliiee, such as the
police, he thought that everything slti known on
the subject should be brought forward. Why wits not
ceue.table who wits on the spot immediately after the
seoident .oeenrred called? lie could have given met
material evidence, and he would ohk Mr. Williams not to
drive him to call tt saes who would act prejudicelly
against hk client, bet would ask him to have that
evidence called. Since he had been in court he had
been inform,.! or another peraon who could have given
most material evidence,and he would ask for the police-
man and the other terse') to be allied. He was quite
sure it was Mr. Will am' wiah to do only thnt which
was right, just, and fair, and would say that all this
evidence should be called by the proseention, sod not
drive the accused to do 80, beeimse it might prejudice
him hereafter. Under these circumatences he would
aak him to Adjourn the came until Saturday.
Mr. Baskett meld the policeman min Court, and Mr.
Westa-n could call hi,n.

M. Weaton repli:d that he wished Mr. Baakiitt to call
him. The other men EILi would prove that he lied
seen tracks in the snow. and also • plica where a man
had laid down by the aide if a hedge.
Mr. William% replied that he only wit there to tvlie
the evidence brought before him. lie was not the
prolteentor. . _

•
Mr. Weston said he was only asking him for an
adjournment to show that them war evidence behind
which would aid in elucidating the truth.
The Chairman remarked that it was very desirable
the evidence ahould be brought first. The prosecution
could do as they liked, he could not order them; Mr.
Weston could sail them if he pleased.
Mr. Werton raid he was in a very unfair position.
He would ask in fairness if Mr. Barkett would bring
forward Joseph Ellir, • man who scw some tracks in the
snow.

Mr. Rialtolt replied in the negative. He did not
know what Ellis vrou'd say. He lad only said in Court
that he had seen the track., of a moil in the snow.
There was no importance to be attached to these marks,
and it did not at all f.,110w that they were those of the
prisoner.
Mr. Williams raid he 111•11 perfectly willing to receive
any evidence, hut he had no power to compel withet-ils
to come forward.

Mr. Baskett replied that ho eVidence h.d heen
suppressed, and it eras open tu the defence to call any
witnes.es,
Mr. Weston, addressing Mr. Williams, said he could
express a Wish that they should be called. The charge
writ not CO ordinary everyday occurrence.
Mr. Williams replied certainly not, lie would hear
all the evidence brought before him, but he could not
compel it to be produced.
Mr. Weston considered it would he anything but fair
and just towards his client Mutt he s'aoull be compelled
to produce it.
Mr. Baskett said that Mr. Weston 1141*Mrd glad that
bis case was at an end just now, and begen to addreas
The magistrate for the &fen, Ffe (Mr. Thiskett) dc•
°lined to produce any further witnesses, and if there
was any mom evidence Mr. Weston could produce it.
Mr. Weston replied that in tl•at case it was absolutely
necevary that he should re-examine the witnesses on
several points when they came in on Saturday to be
bound over.

Mr. Williams replied that he did not think he had
power to de so.
Mr. Coombs (magistrates' clerk) aail Mr. Weston
could ask the Court to put tto questions, but be was
rather doubtful whether they had power to re-open tho
0A613 aga.n.
Mr. *Yilliams remarked that he totld het Fee where
the case would end it this was done. Because Mr.
Wiston wad net have a witness called when he wished
lin wonted the case adjourned. They might go on for
over in this way.
Mr. Weston asked if the Court would be kind enough
to ask the witnesses, when they mile to be bound over,
some questions, as some ma'oriel evidence would be
produced, before he mode Ids elesset rations to the ease.
Mr. Williams replied that he would liwir the observa-
tions first, and answer the question afterwards.
Mr. Weston: Will you put up the policeman sir?
Mn Williams : I cannot do it.
Mr. Baskett : You can call him, ••

Mr. Weston : He knows where the rhoe pinehes.
Here is the superintendent of police standing by Mr.
Beskett urging him not to do PO.

Mr. Basket:: I decline to do so. I ham no qneetion
to ask him.

Mr. Weston said facts were; great deal stronger than
words, although at first they were informed that Mr.
Baskett was inatrected to watch the case on behalf of
the widow and eldest son of deceased; that there was
no vindictive feeling, no wish to press the case against
the prisoner; all that we.: requirei was that justice
should be done. Did his actions tally with his words?
A more vindictive fading could not hsve been ex-
hibited towards an unfortunate man than that exhibited
by the prosecution in the pri sent cue. It was putting
the licensed in a most unfair position not to have put
the policeman in the witness-box. He would have done
PO instants.r if it had been his case. They hed been
told that this inquiry would not haVe been gone into
if more facts in connexion With the affair had not
transpired slat the eoroner'a inquest. These facts had
twee ceaurnersiested to the authorities by the t &iceman,
whom he wished to call, but who had been kept back,
when lie could have given most material esidence on
the subject, and he might say improperly withheld.
The evidenre the defence relied upon, as that which
contradicted his clirnt's statement, was chiefly that of
a inan named Whitty, a shoemaker, and parish clerk of
erhacket, who met deceased and Henry Christopher
near the keeper's lodge on the evening of the melan-
choly occurrstice, and who was the person who not onle
sided and assisted them to get through the gatil, but
told them that they were so drunk that they MI not
know what thq wertabouts and that John Christopher,
Who bad lived near the place all his life, was so drunk
that he did not know his way home, and wanted this
man to show him. Whitey had uid that they were
both drunk, and that when Henry Christopher went to
the keeper's lodge after the key he could not find his
way out of the gate. This man had been called to con•
tradict whet Henry Christopher had said, becanae he
hail stated before the coroner that after he had the key,
and unlocket the post, he clIl not get into the fart
afterwards. But what appeared at present very
strange, and sesmed If Christopher had stated that
which *Ss incorrect, he (Mr. Weston) should be able to
prove was in reality the fact.
Mr. Ba•kett said he must object to Mr. Weston
atating en-h things. Ile had had opportunity for
Calling certain witnesses, but not choosing t do so, he
(Mr. Paskett) contended that what they would prove
lautild not now be put forward.
LMr. Willmuas did not think harm would be oecrialoned
7.lllrlo.int'eno:ton replied that he could only attribute the
fondant interruptions of Mr. Baskttt to his want of
knowledge of criminal law.
Mr. Williams said it was' great pity that Mr. Weston
should give way to so many irrevalent ebseleattons In
such a ser;ons cue as the present,
Mr. Weston remarked that had the witnesses he
, vidahtd been called, he should have been enabled to
have sheen a very different c implexion to the case. He
would go a step further, and say that they had been
improperly withheld.
Mr. Williams replied that he did not think Mr.
Weston had any right to say such, whr n Mr. &taken
had told him that lie could sail them, It was an
offensive term, and one which was of no use.
Mr. Raskett : And which is not 60.
Mr. Williams: Pray go on.
Mr. Weston replied that he should have closed his
address long ago if he had not been interrupted. He
then again said that what appeared to be at varianee
with its client's statement was not Fo. kit tbeh
explained that there was a poet whinh uhlocked near
the keeper's house, after *high there was a lane,
about one-eight of a mile In length, and the end of
which was another pest. After passing that there
was route cowletse, at the end of which was a post
similar to that near the keeper's lodge. The only
rais•statement his client had made was this,
that he made a mistake in the post he got
out at for the one which was about a furlong
distant. Whitty opened the first post for the
horse and cart to go through, but it vas at the one
about • furlong distant the seetwed got out of
the cart to open ; that he then gave the reins to
deceased, who drove on through the cowleaze, and Henry
Christopher never got into the cart again. Christopher's
statement was that after he had opened the post he was
about to get in the cart, when he missed his footing and
fell, and the cart went over him. In order to bear out
that statement, if Ellis bad been milled, he would have
stated that from this post he trued some footsteps in
the snow, and also a piece like where a man had fallen
down. That was his client. Mr. Weston then
he road, and said the deceased mutt
hank, and upset the cart. A great
laid by the prosecution on the
ed instesd of going to dieeased's
home. Like most men, when in. to go home, and that call his cry
- what proof was there that be
mater? W 1,,, was the evidence?
o prove anything of the kind. It
that he had contributed towards
.n. Ile regretted it very much, as
rids. Was it likely he would do
se death of deceased? How had
It was not for him (Mr. IX eataa) to
for the pniseeution to r ove them.
before his client could be put to
ni of standing at his trial else.
not been proved, they had
It time deceased and accused
were laughing and jokiiig with'
_trap had upset when his client
would net be sufficient to con.
Look at the evidence of
which had been given with
amounted for the death of
wa "PAWS;It. did not efq

Dlllll

been

accused

&sited t.
Now

Mends.

th.m

from

4.4 t,

wEth I