The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1862-04-01 00:00:00

SOMERSET LENT ASSIZES.

(Continued from our last impression.)

MONDAY.

William Chord, the younger, 40, yeoman, was in-
dicted for the wilful murder of Parnell Howe, it Wes-
tonzoyland, on sth Pebruary. Prisoner pleaded not
guilty. Mr. Thring and Mr. Worry appeared for the
prosecution, and Mr. Sergeant Kinglake and Mr. Cole
for the defence. One ef the jury was excused on ac-
count of his being a neighbour of prisoner. Mr. Thriug
opened the case on the part of the prosecution, and
said it rested with the jury to say whether the death of
the deceased was attributable to the prisoner at the
bar. No one was rarely ever witness to a murder, and
the facts lie should have to bring before them would be
of a circumstantial character. He stated that the life
of the deceased during the time she lived in prisoner's
service had not been of a comfortable nature. A witness
would be called who would depose to his seeing the
prisoner beat the deceased with hits fists as well as with a
stick. He then entered into the particulars connected
with the distressing catastrophe, and produced a plan
showing the kitchen where the injuries, which resulted
in her death, took place, and the position of the gun
before it was used by the prisoner on the night in
question. A large number of witnesses were examined,
but no motive conlcl be ascribed for taking deceased's
life, and there being considerable doubt on the minds
of the jury, after a short deliberation they returned a
verdict of "Manslaughter." Mr. Justice Ryles said lie
entirely coincided with the verdict, and sentenced the
prisoner to twelve month's imprisonment with hard
labour. The Court was densely crowded throughout
the trial, and the avenues completely blocked up.
George Chant, 29. George Han,lsjord, 24, and Charles
Rogers, 33, all labourers, were indicted for the wilful
murder of P.C. Penny, at Yeovil, on 12th January,
while in the execution of his duty.—Mr. Colo and Mrs
Hooper appeared for the prosecution, and Mr. W.
Ffooks, instructed by Mr. Fear, of Sherborne,
for the prisoners.—Mr. Cole, in opening the case, said
that this was as serious a one as that which had just
occupied the attention of the jury. He thought he
should beat discharge his dray to the Crown and the
prisoners by stating the facts of the case, and then tell-
log them the law applicable to it, subject to the correc-
tion of his lordship. The learned counsel then detailed
the circumstances attending the death of deceased,
which might, he observed, have been caused either by
the handcuff placed upon one of them by the policeman,
or by a stick.—William Hubbard, a police-constable,
was first called. He eaid : I was at the bottom of
I Hendford Hill on the night of the 11th of January.
There is a road branching in two directions there, one
going to West Coker and the other to East Coker. The
Red House is there. At a quarter past twelve I went up
Hendford Hill. On going up I saw Handsford, Chant,
and several others. All appeared ta have been drinking.
I beard one of them say. "Who stole the fowl ?"
another replied, " The Bobby," another said, " D—n
the Bobby." I passed them about fifteen yards, when a
stone Was throwh at me The stone went within two
or three feet of me. Chant was about five yards from
me, and the nearest person to me. I heard what
sounded like stories pitching on the ground. I saw
Handsford pick op several stones and throw at me. It
was a moonlight night and I could discern objects fifteen
yards off. About a dozen stones were thrown altogether
—rather under than over, Some went within afoot of
my Lead. I went to the top of the hill and met de-
ceased, who was stationed at East Coker. His duty
OMB to meet ins there at half-past twelve. I spoke to
Penny and he came back with me. He put his hand
on Handsford's shoulder and inquired his name. Hands-
ford said, " What for ?" Penny said, "1 shall take
you into custody for throwing stones at Hubbard."
Finding we were not sufficient to take the prisoners,
who were then altogether, we went back in the direc-
tion of Yeovil and met P.S. Keates, whom I told of the
occurrence. We went after them in the direction of
East Coker. Twenty minutes or half-an-hoar might
have elapsed since I had parted with them. Upon com-
ing un with them we found six men and a boy. I told
Handsford I should take him to Yeovil for throwing
stones at nie. He said he would not, and Penny then
attempted to put the handcuffs on. Penny succeeded
in getting the cuff on the right hand. Keates and me
held Handsford. I saw Chant behind Keates squaring
at him. Penny endeavoured to get the stick from
Rogers. One of them said "Go into them," and Rogers
struck Penny a blow OR the head, which ataggera him
and smashed his hat. I went after Rogers, who struck
me a violent blow on the forehead,which made me insen-
sible. When putting the handcuffs on Hansford, lie
said to his companions, " What, are pm all going to
stand by and see rue taken like this?" I let go Rogers
and went back to Keates, and no one was there save
deceased, Routes, Handsford, and Chant. I found
Penny speechless, and saw blood coming from his head
in several places. Next morning I went after Chant to
his lodgings at Stafford, and found him in bed. P.S.
Keates was with me. I said, upon getting to the bed-
room, "That's the man." He said, "I was in their
company but I did not assault any one."—Cross-ex-
amined : I first saw Chant at the Railway Inn at the
bottom of Hendford Hill. Chant walked about forty
yards in advance at one time of the other men. Some of
the stones pitched ten yards in front of me. I may
have mentioned a less number of stones than upon
the present occasion. It was about three quarters of
an hoar from the time the stone was thrown until
we came up with them at the Red House. We took
bold of Handsford in a quiet way. Penny put on the
handeuff very easily. There was no opposition made
save by threats. I had not seen either of the pri-
elopers before to my knowledge. Chant was standing
on the right of Handsford when the cuff was port on
him. He could not say that Chant said, "If you take
Handsford into custody I shall go into Yeovil as a
witness." Rogers had one white slop that night. When
the first blow was struck I was close to Penny. Re-
examined : I had an opportunity of seeing Rogers when
he struck ine. He was thin same man that struck
Penny; I will swear to him. The stones were thrown
at me, and that lie amid distidctly say.—By the Judge:
I have said before to-day that the stones passed within
a foot of my head. It was before the bench of magis-
trates.—P.S. Beater!, stationed at Yeovil, sworn, said :
I remember the nightsof the 12th January. I beard •
noise on the hill. I met P.C. Hnbhard and PC. Penny.
In consequence of what Hubbard told me, we wentafter
the prisoners, and came sip with them at the Red House.
Hubbard pointed to Handsford, and said in the pre-
sence of all three prisoners, that that was the man who
had thrown stones at him. I told Handsford he must
come to Yeovil and answer that charge before the
borough magistrates. Flandsford said he would not
come I told him he must. I took hold Handsford be-
hind, while P.C. Hubbard and Penny pot on the cuff
While! had hold of Handsford I saw Chant squaring.
at me. I told him if be struck me I would knock him
down with my staff. One called out, "Go
into them," and some one struck a blow which stunned
me, aud I fell down. On recovering I looked up the
road, and opposite the Red House gates Isaw some men
in the road, Two men appeared to be on their knees.
I said, " Penny, get upend do not let them beat you
in that way." I saw Handsford and Chant both run
away from the deceased. I could not Bee any other
persons near. I pursued and knocked down Handsford,
and he called for George (meaning Chant) several times.
I was able to recognise Chant's features. I took
Handsford into custody. I returned to where the
deceased man was lying, and called Hubbard to
his Resistance. They carried Penny into the pnblichouse.
Cross-examined : I did not take them into custody
until I told Handsford what he was charged with. 1
cannot say whether I saw anything or not after receiving
the blow. When I got up I was about 16 yards
from Penny.—Jeremiah Rowe, a boy belonging to
Sutton Bingham, said: I know the three prisoners. I
went into Yeovil on Ilth January, in company with
my brother, the prisoner Charles Rogers, and Vincent.
On leaving home Rogers had a stick which Vincent
had given him at our house. We went into
the hotel at the bottom of Hendford Hill. The
other two prisoners came in. We left at rbut-
up time a little after 12 o'clock. Chant and
Handsford went up the hill first, and we over-
took them at the top. I met two policemen going
down the hill. Whilst going from the Turnpike to Red
House, one of them sold, •' I auppose we shall see the
policeman again." It was Handsford or Chant; I cannot
say which. I saw the policeman try to take Hands-
ford. My brother, myself, and Vincent went on. We
left Rogers, Handsford, and Chant behind—Cross-
examined: Directly the police came, me and mybrother,
with Vincent, went on .—Thomas Penney, superintendent
of Police at Dorchester, sworn, said: On the morning of
15th February, he went to the Greyhound Inn, and
searched the premises. I went into a backhouse and a
man named Denham said, " There's the man • I found
him covered over with a basket." I took Rogers into
custody, and at the station charged him with the
offence. He said " If I had not hit him, he would
have killed!. I seed you coming, and I went back and
lied myself." I produce a slop belonging to prisoner,
with some blood on it.—Cross-examined : A few spots
of blood.—Dr. Garland, of Yeovil, sworn, said: I was
sent for to see the deceased at the Red House. I found
him in a state of collapse. I examined him, and
found three lacerated wounds on the head. I also found
a severe laceration of the left ear. The scalp generally
was very much bruised, but more so on the left side. I
examined the other parts of the body. but no bruises
were perceptible. Deceased was hardly sensible, and he
died the Saturday after, I made • poet mortern exami-
nation, and found extravasated blood in the head.
Any blunt instrument would have caused the injuries
he saw. The handcuff he should think the snore likely.
—Cross-examined : I don't believe the stick occasioned
the wounds. I did not discover till the post mortem
that there was a fracture of the skull. It is difficult to
discover a tincture at the base of the skull. Vomiting
was symptoms of a concussion of the brain. If E had
discovered the fracture earlier, the treatment would
not have been different. I advised Penny not to go
borne on the Monday. I told the superintendent there
would be great risk in his removal to his own house.
There was no external wound answering to the internal
fracture. I defy any one to have discovered the fracture i
until a post mortem was made. It was impossible for
' the man to have recovered. The blow from a list might '
cause the injury. It was possible but not probable.—
Mr. Ffoolcs said he would put it lint to his lordship
before entering on the defence if the arrest was a legal

one. He referred to Russell on crimes, and to the ease
of " Cook v. Nethercote." A case lie observed
not exactly parallel to the present, but to which
he referred more especially for Hiroo Alaimo obser-
tiot,s, which were to the effect that when sai affray was
over, a constable bad no right to apprehend a prisoner,
hut should proceed the same way as any other person
would do, that is by getting a warrant from a magis-
trate. He contended the affray was terminated, and
had been so far an hour before as attempt was made
to apprehend the prisoners. He also called attention
to similar eases.—Mr. Colo contended that the arrest
was perfectly legal. In this case P.C. Hubbard finding
that he WM unable to deal with the assault, went to
the top of the hill, and there he Ands Penny, and a
return was inode in pursuit of the prisoner Handsford.
Finding them unable to cope with the prisoners, they
go in search of further assistance, and meeting watt:
Beates, they return, when endeavours were made to
effect the capture of the prisoners. He submitted there
was a continued pursuit, as held in the case
just mentioned.—Mr. Ffooks said the prinoapal ingre-
dient in the cases cited, was, that of continuing danger.
Hero the men were going away quietly, and no further
violence was likely to ocour.—The witness Hubbard was
recalled by his lordship, and said lie expected to meet
Penny or another constable at the top of the hill.
He walked faster that evening than usual in order to
get assistance.—His lordship said he would take time
to consider the point, and lie did not intend to proceed
' further with the case that evening, as if Mr. Ffooks was
right, a different aspect would beput upon the offence.
The Court rose at about 5 o'clock.