The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1869-03-09 00:00:00

British Be slim remarked at street length upon
the lag pities by Mr. Toooood to Mr. John., and
urged if Majesty% imedeman bad better go on •
little ,tly. and not throw chords' of forirell. Perjury.
and fraud, broadcast es be had done. The U stions
simply were, was there • warranty when the seed
was told, did it turn out bad, was there • fellers of the
crop, and what wee the damage, end he submitted 'bat
these nointa were all proved, end that Mr. Warwick
yes et to their verdict for 122 19s. lid.
His - ip, who was most imperfectly been on
amount ht the teies prevadinz the court, narrowed the
ease to • questlcia whether the seeds were worrented to
be green top swede seeds. This was the sole of an
eserrtained article, and be thought there ehould have
been • warranty ineoprene tering. He went through the
commenting corefully and calmly thereon,
and that the oheervotionsof Mr. Toogood in
his letter to Ur. Johns were certainly severe and such
as ought not to be made. He considered some of it very
silly 1 ogeand regretted thaidefeadont had written
• tette. such terms. After remarking/ on the wide
dimreoanotes between the plaintiff's and defendant's
he suggemed that if the writing on the bag
were by Sherman who waste Kr. Toogood's employ it
might in some measure soplein the plaintire haeint
amertei that it use written by either Mr. Toogood
or hi. clerk, though this the other aide denied.
After remarks on the evidence es to the dome:es,
he left the matter to the jury, who retired about hoa-
riest three, this einitle ease having wearied nearly the
whole time sines 10 o'clock. The jury about tweety
minutes pant four returned with • e.rlict for plaintiff.
damages Lit—Mr. Lopes asked for a esrtfleate fur
Costa, but hie lordship declined to make any order—the
law must take its flours'.
TOLL OCIIMII/4011 AT LTIIC 1110111.

quietly. and not
broadcast

artiiled

Lshi

evidence,

remarked

I.nign
in

DvAnioe,

• san34

Harney and other.', the Moyer. Aldermen, dad
Burgesses of Lame Regie.--Tbis was an stilton brought
by the plaintiff., who were owners of the sweet
" Experiment." on whoh the defendauts had di.-
trained the jib in anneequenoe of non-p.yment of bill
for the shipment of stmt.—Hr. Kingdon, Q... 4., and
Mr. Lope; instructed by Mr. Symonds, of Dorchester,
appeared for plaintiffs, and Mr. Cole, Q.C., and Mr.
Billion, 'estimated by Mr. Hillman, appeared for the
Corporiatioe. 'The action woe brought by way of
replevin. The punk.° was whether tbe defendants
had power to teYf the toll of 01. originally given
under the statute of the let and Ind (leorge IV.
Disputes, however, had arisen between the shippers
and the Corporation as to whether quarries at ems
distances front Lyme, such as Charmoura, were liable to
:p.l 6d. per ton upon stone brought into the Cobb or
harbour by ship., where it was not abeolotely deposited
in the herhoer. The Omura, ion, anzioee to avoid Loy
dispute, offered the shippers that If they would pay 4d.
per ton all round for stone- Altered within the hsrboar
or from the Clukttlee at Charenouth, op elsewhern, they
would agree to accepted. per ton all round Instead of the
original 6d. per too chargeable on stone shipped within
the harbour. This was agreed to by some of the party
owners in 1855, sad the agreement continued in force
until 1868, whi,n the plaintiffs ratted the question as to
whether it was payable et all. Then the Corporation
said in effect, "If you dispute that, we shall revert to
that which was payable under th. old Act, and make
you pay 6.1. per ton." The plaintiffs refused to suede
to this and tandem.! 4d. per ton for the rare° of the
Esperiment, When/epee the Corporation distraieed for
the amount of El 12. 6d. for 60 odd ton. of limestone.
The plaintiffs contended that the Corporation having
reduced the dues to 4d. per lon, had
raisel it again. The Corporation in reply argued that
the Act gave them power after lowenng the dues to
raise them again, so that they did not excised the
mexiinam of 61. per toe. Thereupon brine was joined.
—Yr. Cole, on aceount of this being an action of repteeis,
mentioned thst it was the duty of defendent's counsel
to open the eau, and tailed attention to the Act
lend 2 (Meer 4, sees. 1,9, 17, and 18, and menetioned
that the plaintiffs were tenants of a quarry under •
patterns° aimed Shore. Sixpence per too bad beef
paid for many piers and in 1854 there wags dispute
between the terracts and the Corporation, and cartoons
rimolutleits were pseud by the Court of Hostings to
whom the Ant of Vitrliament lied given the manage-
ment of the harbour of Lyme, mid a preposition wee
made by the Corporation to the pleintiffs ; hot this did
not eventuate in a Anal and luting Ingreement. On
the 23rd April, 1855, then seen resolution that if ell
arrears were paid, end no dispute raised. 44. per toti
was to be socepted instead of 64. This was general,
although there were at that time only three shippers in
Mu port, who would have to pey 41. This continued
until 1868, when the Experiment, owned by the plaintiff
setae in with 60 tons of time stone, for which 44. was
offered; but the ship was distreined became. the
authorities clamed 611., the ship's jib was seised, which
led to the present &Mien,
Mr. Kingdon °contended that timed. bed been
propaly raised to 6.1.. but that from 11155 to 1868 44.
per ton was paid by everybody, also that goods
loaded from the beach mid never brought into the
harbour were exempt from toll, and when the toll was
reimposed, such re.imposition was Mural... the resolu-
tion passed on the 22nd June, 1868, did not apply
generally. but was conditional on the writing of •
certain letter.—After the arguments at some length had
been gone into,
His lordship said he did not think there was any
question of fact on which they need go to the jury, and
, be recommended that it should he made into a special

wee.
Counsel heeing speed to this coarse, his Lordship
directed the jury to find a verdict for the plaintiffs,
damages £4 de., subject to the opinion of the Coust
above.
The Court then rose.

CROWN COURT, MONDLT.
(Before Mr. Judie. Sierra.)
WORT TOACIIINO AT BIADToItO PrVIRILE,
Neoberry, 80, George Howe, 48, and Thomas
Hodder, 34. stoeuMkers, pleaded guilty to night posse-
tog at tredfura Powersll, on lend ampied by Hastings
lloshoojoi ktiadistoo, Rel., on the night of the 27th
December.
Mr. Bere, who was for the premonition, said Mr.
Middleton did not wish to press the oast% and he would
suggest that justice woold be done by binding over the
men is their o en rmigoisanose to come up for j adgment
when called upon.
Mr. Collins, o: behalf of defendants, pointed out to
his lordship that the men made no attempt at violence
—the moment they were leen in the copse they rim
away. Newberry escaped one., and ea, token
Armin by a keener bet he offered no violence whatever.
He also remarked that it occurred in Christmas time,
end was an emptionsl ease.
Misjudge remarked that the prosecutor, Mr. Middle-
ton, was desirous that a lenient course should be taken in
this ease. They appeared to he respectable men, and
as Mr. Middleton was disposed to ask him to treat this
leniently, and not pass eentence at proms upon them,
but pot them ender their own recognisance., to come
up for judgment when celled on, be trusted they would
do nothing to render it necessary they should be so
called upon. If any violence had been used, he should
not have felt inatified in listening to the recommend-
idiots of Mr. Middleton, but, under all the circumstance.,
be should not pass sentence on them now, lint they
moot enter into their own recognizance, to some up for
jud tif they were celled on to do so.
rubsequently mitered into reeognizances of
Ell earth, and were discharged.
IJOUWAT 1011111 BY AT WilelO•lei.
William Goner, 94, labourer, and Joseph Pounds, 43,
labourer, were charged with moulting James Ford, and
stealing from him £7 Si.. one leather puree and four
penny stamps, on the fish February. They pleaded not
guilty.—Mr. Rooks prosecuted. They were undefended.
James Fold said lam a grsom in the employ of Mr.
Sheltie, of Bradford farm. On the night of dek
February I was going to meet my muter at Wimboras
station. I started at one a.m. I had limps to the dog
ma. When I got to a part of the road where there te
• plant.tion, about half way to the station, three men
Game from the side of the road, one on the right and
%weal the left. One man took the right heed rein and**
other left and Ms. other took use by the leg. The horse
was stopped. One man got into the trap, and with the
amistance of the other man got me into the Foal. Oms
man then took me by the arm and placed his knee on
my back. The other unbuttoned my coat and put a
pistol or short run in my lam. The man who held the
pistol said "Give up your money or I will have your
life." I mold recognise their features. (lover hal the
pistol. I mid see the dress of bosh of them. When
Gover said that I hollosed murder three times. No On.
Game. Gower then put his hand into my right hand
pocket, and then into my left, end took out • pines
eontaining £7 Ss., four postage stamps, and some hair.
I asked him to give me Mk my mousy. He said be ,
should not. When they got the money they west '
off. I told them I should tell the policeman when I got
to Wimborne. Goner replied that they would shoot
me if I did. They' went in the direction
of High Hall, in the direction of where they lived.
When they went away I walked some distance with the
home' it was restive. I then went on to the Come
and Horses near Wimborne station. I asked them le
get a policeman, some one looked out and said the !
people were gone to bed. I thin went on to the statism'
and waited (corny master,and told him of the ocourressa,
and what the men were like. On returning from the
Wimborne railway steno's my master celled at MN
station and told ttoperintendent Hammond, and gave;
him a description of two of the men. Os the same day
Superintendent Hammond and another party came to
the pleat. Prisoners declined to cross-examine the
prosecutor.
P.C. John Stockley said r On the 7th February I
went to Bradford Farm and saw the promoter, who
Kayo me a description of the men, and that they robbed
him of £7 9a, loather purse, and four penny stamps,
From the deseriptlou I suspected the prisoners, arid '
went to Holt in company with P.C. Chinn to William
Cover's house. I saw Clover and told him there was •
seri..s charge against him and be must come with
them. He said he was willies to go anywhere. A women
was there and also a man. The woman said " what's
the matter now Bill." Hs replied "I don't know,
they have not told me yet. I suppose it is about that
money. I heard there was • robbery down against
Clapgate." Clapgate is about NO yards from where the
robbery was committed. The same day laud Chinn
apprehended Pounds. We searched the house and
(mid a donkey hat, a grey coat, and a gun, the I
barrel of which, taken of the stook. was loaded and
capped. The stock was hung up in the house.
James Ford, re-milled, said that one of the men, a
dark man with a long heard, was Pounds. He took
told of the right rein of the hone, and was dressed in
darL elothes and • donkey hat. The other man had on
a light dress, and wore • long beard and bad • donkey
baton. Could see the colour of the men's dress. Gaye
• description of the men to the polio, some se now. I
Could not describe the third man. He was too far
the hides: Had never seen themen
on the
before.
It was rather a dark night. The lams
'hone
boos al the men, as they were close to the trap. Oover
had a moustache. They looked as though they had
not been shaved for Nome time. They were about five
minutes robbing him. The pistol or gun so
abort the length of • man's arm. It was ale&rwi nni,
barrel.
P.C. curies Chine: I am one of the P° liooloth.tihi:
Wimborne division. On Sunday 7th Febraary
description of the prieoners from P.C. Joh ig
I wet to Cover's house and took him into etit'odis;:
Thu prlferuer that gave me & description
al:141.1
bearamost andth.spoporew, h:1 bend
.him. Posnt Part t
had not shaved for some
Itedese, had
in the isalethoh • Inotistache. Both the primers
Pound. had on • doe
sad one was lying on the table, Posed hater :1
the Pi it the eves.

The Judge here ordered tke gun to be put together,
and called the attention ref the jury to its length,.
reminding them of the 'Wenn given by Ford.
sachet) Hart depneed : I ail • carter and on the.
etk February last I picked up four penny postage stump.
on the bridge near Clans= on the High Hell side of
-
the bridge.
John Hernmond, Deputy Chief Constable, deposed :
On Dm 6th Feb. about two kin. • deseription was given.
I', we of the robbery and alsn of the parCee wh• were
sup Posed to have ecommittel it, also of some heir. On.
Seedey both the prisoners were brought into the polio..
station. When Ford =me in he inneeelostedy reeolnieed
Clever lied Pomade as the men .ho had robbed him. I
lashed Ford if Clover was dreased the name style then sa
I tile robbery. He replied he wad not. He bad then
en donkey hat and • grej great coat." When Cover
uncommitted the magistrates ordered him to put on
the ere, coat and Ford then said that Gower was
demand in the same dress = at the time of the robbery.
p.O. William Mans said that on Monde,. lipe
Fehreary, Ford came to the policeortation. I brought
out Pounds from the cell. Ford recognised him is the
=so who assisted in robbing him.
1 Sarah Adam., wife of the last witness, said that
is the 11th Febru•ry Pounds wife came to bee her
Wuhan& sod said "My doer, you have het • good bed
to.niebt, and to think you =toad bare been away that
night from year de :r baby."
In his defence Clover said he had • witness to prove
that he 111.4 at hoot'. The door was leaked, end he dist
Dot leave the hoes till seven the neat warping.
Mr. Ffooks submitted that this evidense was in-
admiesehle. In this the judge coincided.
Cover then said that if they were found goilsy anal
had to suffer in this world, they would not tiros to.
suffer in the neat.
P.C. Chi.. by the request of the judge wee te•

, --
ailed, and said that lbw jerisorer's house wee about •
mil* or rather more from Slie p/ace where the robbery

took Ono..
His lornship then euttimed up, remarking that as the
money was the prosecutor's, there was no doubt that
the wedelnee be gave was correct as to his being robbed.
The evidence rested almost entirely on the prosecutr.
The question of identity was • mints one, especially
as he (Ford) hied not Peen either of the men before;
but on the other hued the reeognition was made by •
strong light. Goner appeared to have ben the man
chiefly recognised by the proaeoutor, wed was til• only
man who spoke. His lordship especially called sensation
to the statement of Ford that both men hid •
inoestaabe, which the prisoner Gower had sot then say
epee...nee of. This wee partly explained by the
corotable who ended that it appenred to have been hair
growing on the tin from want of shaving. With
reference to the &tidy of the gnu, his lordship awash
that this war a strong fast against the priamata.
but the evideece was stronger against Goner that,
Pounds. The jury having retired for a short time
I found both preonebriserilty.
Grover said be ho bin lordship would deal with them
ge lightly as , and, he added, with great warmth,
be hoped that before their time bad /spired the guilty
party would eome forward and say they had done it,
and not them.
His lordship, in parsing sentence, said they bad been
convicted of a most daring robbery. They hred revived
• kind of highway robbery which be had hyped had
almost disappointed from the country. Gower pre-
sented • gun to the young man (the proseentor) and
made a threat of taking his life, by which be obtained.
large VIM of money from him. Cover also wee evidently
the ringleader of the three men. The Dantean of the
Court was that be (Corer) be kept in penal servitude
for en, y•srs. Joseph Pounds had also been 0.0.1171.1di
of taking part in the transaction, but be did not appear-
to have been so active in the violence which wes used
as the other prided Gower, and he had before him an
excellent cheracter given to him by Mr. tionchtou. for
whom he (Pounds) worked, hid be had reason to believe.
'from enquiries be had made, that character woo genuine,
Le.. that Mr. Yonektoe really signed the paper Pound./
had presented. (Pounds I have worked for him •
good merry years.) Under all the eireutestanoes, he
should make a distinction between them, and the gen-
dues on Poen& was that he be imprisooed for twelve
mooths, to hard labosr.

•MSON AT 0/LATOZo rrrirapte.
IS Whoa Stainer, blecksmtth. was indicted for setting
fire to a stink of bay. value P. 5, the property of Use
Cressoy, of Okeford Fannies, on the 25th September.
Mr. St. Aohyn appeared fpr the prosecution, and Mr.
!looks for the defence. The following evidence wee
gine :
Silas Creney stated: I left boon on the 7th Sept..
and when I returned I beard the rick was borne. I
went to sea it the next moredeg. Them wee about •
ton, and I valued it at ET—Crane-examined : There in
• lane at the back of my home near which the hay was
stacked.
Eli Inwood: I live with Mr. Creamy. Ow Saturday,.
sth September last, I was at work on Mr. Creesior's
premien. About four o'clock I saw the poisoner la his
own 'hop, which was about omen or sight yards off.
I beard him my "I will barn thee out, and I will do it
at once." About half-put four I received infortnetion,
from • boy that the rick was on fire. The rick was
about 200 Tar's from my =ester'. house. I assisted
to put the fire out. Prisoner was there and said "Let
it burn, It is not worth saving." Afterwards, when
prisoner was in the lane, be said, "It were I that
I done it. I did it to gut out of the place." &limed that
prisoner knew who; he was about.--Cromexamined :
Prisoner was in the habit when he was in liquor, of
talking to himself. The prisoner came up, with other
people, who tried to put the fire out. When prisoner
said it was not worth nein, the risk was nearly con.
noised—The people teamed the prisoner, and in reply
to them he said that it wee be that did it.
Henry Adams, woodman, said on the 6th September
I was in my orchard shoot half-past form, when I
heard a noise as of something burnum. Ho looked in
the direction of the plane, and ..en after, wbon smoke
was inning from the riok, saw the prisoner moa. Teem
was an hedge talotatjtim and the road, &boat 74 feet
high. le tee- Tine I saw the hait: and e...-i-Iders
men, and also the side of his Nes. The pitmen °me
walking at • quiet pass. Tb• first thing I did wee if)
fetch some water. The hedge was on • bank. At Ma
time I asw the man I did not suspect anyone. —Br
examined : Was quite sure the person he saw in the
lone was tbe prisoner. There was a gate leading from
the field into the lass • ahort intense off.
William' Wylie. woolstapliar, Fiddleford, examined
by Mr. Collin., said on the day in question I hoed
that Mr. Cressey's rick IrBll on fire. I sow IA the same.
time the prisoner talking to a man named Newman in.
his barn. I toll my man to go down and I went also to.
the fire. The prieceer came after we bed been there •
quarter of an hone. When they bed been there some
time I heard slurs thrown out that it was William
Stainer. After the fire was put out the prisoner went
Inck with me to my hones. Some parties said to
Stainer "They say it in you. Why don't you own it."
Stainer then said "Well, 1 did do it." After going
on a little way I said" If you did do it you ought to suffer
the law," to which the prisoner said ' It was not a
place of punishment, but one of correction. I lame
been there two or three times • day, and could read
and pray there." Prisoner was mime the worse for
drink. tie was generally • hard-worldug man, and.
would do a kindness for any man. . _ . . _

P.C. R. Poenter said: I remember Saturday, sth
Septeraber,..
.I.ermst to. the prisoner's
...house, and told
; .

—.-
bit; I should take him into Custody. Prisoner replied,
" You nmy take me to —it you like. I have no
pesos here." He cursed very much ou the way, and
mid "It is • lot of people that lies. here. And
. . .

about the b.yrialt, I did di; it.- I wants to go to Dor-
chester for 14 days. Not for Nevin, because I shall live
better if Igo for 14. I found on the prisoner a knife,
luesler matches and a tobacco pipe.
Mr. St. Aubyn having reviewed the *videos*, ma-
tended that it was frilly proved that the Ire was esuesd
by the prisorier.
Yr. Flasks contended that there was so evidesse
whatever of malice. No ill-feeling was shown to have
been entertained by the prisoner easiest Creamy. He
then reviewed the evidence of the Bret witness, showing
that it was impossible for him to have seen Stainer in
the lone, and elan that be never went and 'barged the
prisoner with the offense at the time. He also con-
tended that the probability was that Steiner, if he was
there at all, might have lighted his pipe, and, throwing
the match down. the Ins might have originated. The
conduct of the prisoner also WU, he contended.
qu'te different from that of • man who wilfully, malicious
and feloniously set firs to the rick, inasmuch as he went
up to the rick. Admitting that, according to his own
confeesioe, the prisoner did sot Sr. to the rick, yet
there was not the least proof that he did it wilfully.
His Lordsclip belay summed up, putting the follow-
ing considerations to tbe jury for decision-Ist, did the
prisoner commit the offense.? and 2n4ly, did he do it
rnalieionely and designedly? He then reviewed the
evidence, and in the eeerse of his obeervardons with
regard to the statement that the prisoner was the worse
for drink,said it was no pellistioa &reline. Many a maa
committed an offence under the iulaenes of driak, but
this was no palliation. Indeed, the jury might be
inclined to mender it rather an aggrevation nee half
of the crimes in the country went sonunitted through,
the indultam of drink. The prisoner was considered •
man of good ebaraeter, and the jury must in giving
their verdict, bear in mind that he was ewers to by on.
witness he being near the epot, and couple this with hie
own statements. The learned counsel for the deem,*
submitted thist the ire might have originated by
accident, but this his Lordship said timid hardly he the
case, as if the prisoner did commit the deed, it mast
have been wilfully according to his owe statement,
both before and after the Ire occurred.
The jury, after some consultation, was asked by the
judge if they wished to retire. They replied that their
difficulty was as to the prisoner's own words. His
Lordship : There would (always be some difficulty. It
you believe that he did the deed and knew what be was
shout yos must find him guilty, bet it you hoes es,
doubt you will give the prisoner the beneet of it.—ne
jury found the prisoner not guilty. His Lordship told
tne primmer he was discharged. He had already suffered
six months' imprisonment, and be trusted that be had
found it a place of correction said that it would be a
waraing to him not to indulge in int•raparati habits.
_

BURGLARY AT scankroza.

George Vines, dealer,and ltheard Worms, labourer, of
Blaadford. were rammed with breakiag into the dyed's,
house of Wag kyrhy, and stealiag 12 pair of Imola I
pen knives, 8 steel slant obelus, 3 pencil was, Moisà.
puseles,sad other articles, end Robin Even 'off vtlio".
with feloniously receiving the mune I. November last.
—Mr. (soiling, and dlr. Goldney appeared for tin Oro-
meutioa. Brews wee oleo °barged with reeeirieg the
same knowing it to have been stole..
They were found guilty. Vines was sentenced to 14
months' hard labour, and Warren mid Byars etch to 12
months' hard labour.

ASSAULT AT TfrISSAD.
Albert Luta; was found guilty of stabbiat George
Andrews at Fifsphandotod was smitonesd to 12 months'
hard lalbour.
- ----- •

_
ARGON AT iIIMISAOII IT. MICHAS!.
A little boy named Charier Frampton, was Indicted
for setting firs to two stacks of bay, Me nonparty of Mr.
H. Ford, at Gessoes St. Micheal. lie was aequitted.
MAUD AT MASSIISLL....

Jaw Hest 36: ra-11;:irer, ploadod guilty to obsigaing
byo Woo pretopoe. 12 Wm' !W. at Muenhull, from
Lona Willattiro.--Boutobood to oo• montlea hard
labour.

1011313 T IT A lIIIIVAIIT AT satorom
jompj, Tar, 34, labourer, p!eaded pithy to stooling
a qaaotity of pork, rowdies, aad lard, tine property 0/
warren, hie wader, at Bridport, Jan. 23r4.
good eh/wester was ergo by it employer with "Anent
prismatic bad vorkod foe 10 yam —Soolonood to At
yaks' Yid Wooer.

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