The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1858-11-30 00:00:00

DORSET COUNTY EXPRESS

DONOHNITNII, TUIVIDAY, NOVIIMONII NO, lON,

NONIIIITI ACIDAX,

TIM trial Of COMM ii. MONTALIMIIINT On the
charge of exciting publie hatred and °chimp, of
the Imperial (liniment, by the publication of
bli now eelebraled article on the "Indian
Debate In the Dritioli Parliament," took place on
Wednesday Woe the Tribunal of Oorreollonal
Pollee, The prosemition wee oonduoted by the
PNINAINIUM IMPINIAL on behalf of the Coml.
MIA Count II MONTALIIIIINT WU defended
by M. Ihniarmi and M. Dooniox, the editor
of the periodical In which the artiele appeared,
Wee defended by M. DUMAS. The Judges,
after an houtoo deliberation, feund Count sill
MONTALIMINNT guilty, and condemned him to
six months' imprlsoinnent and a line of 0,000 fr.'
while M. Doomi was untamed to one month's
imprisonment and 1,000 fr. line, It is under-
stood that Count ON MoNTALIIIMIT Will appeal
against the verdict.
From the United States we have the important
news that the French and British Governments
have determined to so-operate in supporting the
independence of the liepublice of Central Ame-
rica, in the spirit of the Clayton-Buiwer treaty,
and that a combined scomiron is to be sent to
Panama for the purpose of opposing any enter-
prise which may be attempted by the Filibusters
against the States of Nicaragua and 001 Iii Rica.
It is also reported that Lori NAPIIIK has been
recalled from the mission at Washington cm ac-
count of his alleged tendency to favour the
Munroe doctrine, to which Mr. BUCHANAN, the
present President of the United States, gave
renewed importance by his Ostend manifesto.
Meanwhile the elections in the different States of
the American Union, so far as they are yet de-
clared, have amounted to a tacit vote of want
of confidence in Mr. Buousess on this very
question. Nimes this decisive expiusion of
opinion on the pArt of the conitituenelea of the
new House of Repreeentatives, Mr, Boonsesw
has tuned a proclamation warning all American
Wilsons from Joining the Filibustering expedition
" preparing against Nicaragua under (lomat
WALK MO and enjoining the Awe of the United
States Cloveriiinent to use vigilance in repreasing
these illegal enterprises, It is considered more
than doubtful whether Mr. MIURA/AN will
secure his melection by this tardy interposition
of authority in favour of law mid order i and
there is every probability that the next presi.
dental election will return to the Republic a
President who will impersonate the views of the
Northen Mates on the slavery and Filibuotering
questions

We have great Osmium In onnouncing the
arrival of the Intlion tiqiire at Woodhaven sit
0 CM, on Friday, the With instont, The paii-
'longer' honied In excellent health, etpreming
theineelves highly "atiefled with the chip, cap-
tale, others, end crew, During the whole
voyage they experietimil heavy south-easterly
gales. The ship having 110 haute' coal remain-
ing, end being only 1160 miles froin (lalway,
Captain Contiguity, in sonserpistise of a eon.
Wotan°e of the fearful weather, deemed it id-
visible to lie to, which he did for seven day..
There were above AO passenger" on board, all
of whom, with the crew, are quite safe. The
meets, hula arks, and part of the woo were
burnt, as fuel end provisions reit short since
the 11th the crew end possengere were on short
allowance. The ship left Malibu on the night
of the 310, haVing on hoard 10 days' fuel, Her
machinery worked well, and the ship proved to
be a first-rate sea boat, and well adapted for
Atlantic navigetion, hiving only shipped one
sea during the whole passage, The captain
slaked that the weather was unprecedented
many outialtles must have occurred, as they
fell in with great quantities of Heating wreak,
On Monday lent they spoke the ship Nilistria,
113 days from Callao she had been 80 days
within 800 miles of the Irish oomt, The rubel
Cain has been despatehed from Westport with
male. The following particular" have been sup.
plied by Mr. BARRY, the chief officer of the
Indian Empire I—" The ship arrived at Broad-
haven Bay on Friday, the 28th instant, having
been out 84 day. from New York, She ex-
perieneed heavy south4saterly galee from the
day of sailing, and when within 800 mile. of
Oalway her fuel wee expended, Ohs lay to
under canvas, in hopes of obtaining a fair wind,
from the 11th to the 21st, when, as a last
resource, it WIWI determined to War up the
decks, and with the cargo (cotton) endeavour to
reach the nearest port, which, under Providence,
wee accomplished on Friday, All well on board,
and great praise le due to all the passengers for
eir untiring exertions in misting the crew."

A 'MIT notable simple of what is unfavourably
known as " Justices' Juana" has, we are sorry to
say, recently been furnished by Donetehlre
loaristrates i and the case is one of so peeuliar a
nature, as to make it so inventive duty on our
part to call public allention to Ilse fide.
At a County Petty Sessions held at the iihire-
hall, one DAIUUS Onairrornia, a labouring man,
was brought before the magistrates, H. N. him-
DIMON, Rag., (in the chair), and W. L. Hamm's',
Esq., charged with stealing a pun. containing
VA, the property of Juts Lovsu, 'servant in

the establiahtnent of Henna? WILLIAMS,
Seep,
of itineford, Justice of the Peace, Mr. M. C.
WillfON defended the prisoner. It appeared
by the evidence on the part of the prose
-
(lotion, that between 11 end 18 o'clock
on the morning of the 18th of October, the
proseoutriz left her master's house, at Stinsford,
for the purpose of coming into Do:shelter,
having at that time in her poeseuion a
green leather purse, containing within it
another smaller purse about the Mee of
a haltorown, in which there were three sove-
reigns and two haltsoveregins. In the public
path, between Stinsford and the first meadow,
she dropped her puree. In the course of the
afternoon she again mine into Dorchester and
had her purse cried, describing it as a purse
containing RS 19e, The prisoner about 4 o'clock
the same afternoon was in a public house drink-
ing with an acquaintance, when the puree and
money was cried by the beilman, and the land
lady of the publiohouse, after having gone into
the street to hear what was being cried, in reply
to a question put to her by the man who was
drinking with the prisoner in the tap-room, stated
what Ile had heard the bellman cry. Mho did
this as she was passing along the presage adjoin-
ing to but not in the tap-room whore the pri-
soner and him companion were drinking. Theta
was no 11111176 or other mark on the purse Ly
which the owner could have been known, The
prisoner on being taken into custody admitted
that he had piaci up the purse and appropriated
part of its contents. On the part of the pri-
soner it was contended that at the time he
picked up the purse he had no felonious iota-
lion that the subsequent Appropriation of a
portion of its contents did not amount to
larceny, and that although civilly he was not
criminally liable.
Mr. Wieses dwelt with more than usual eon-
Adana upon the line of his defence, contending
strongly that the charge of feloniously stealing
could not possibly be supported. The learned
advocate fortilled and esplaimul his position by
citing two distinct ease, which bore directly
upon the question at issue, but, notwithstanding,
the Bench were resolved to send the prisoner
fur trial at the following Oeneral Quarter lee-
'lona mid he was remitted to gaol to await the
Judgment of that tribunal, Amordingly, on the
19th of October last, at the sitting of the Court,
the prisoner was arraigned on an indielment
euntaining two twists i the first charging
him with feloniously stealing the puree mid
IN &intents the mound, with receiving the
lame well knowing them to have been stolen.
Mr, limns, Instructed by Mr. M. C. Worm,
appeared um behalf of the primmer, and Mc Won
was retained fur the promoution. Mr. nuns, in
his defence, relied omit' the mem hsii 'Halve the
magistrates at Petty theolona, vie, the Qlllll6 v.
Therbern, 11, Law Journal, Magistrates' CIAO i
aud the Queen v. Mule, let vol. of Cortingtou and
Kirwan e Report' These two eases it may be
eufdelesit to soy, without reciting the respective
head. of them, were singularly in point, and
obvioully bore upon the matter in hand
with remarkable clearness and precision. Mr.
111,4110111111, who attended for Mr, Nevus, MIA
bold enough to contend that the ruling in
these oases was "bad law," and Mr. Pommes,
the Deputy-chairman, who heard the case, sum-
mod up strongly for a conviction of the primer,
who WM found guilty, and suntanned to sin
months' imprisonment with hard labour,
This is shortly the history of the cue of poor
Cliameornan, But, fortunately, in the event of
magisterial obtuseness, ignorance of the law, or
miscarriage of justice from any mule, there is a
Court for the Consideration of Crown Cases
likeerved and the prisoner's counsel was in-
structed to apply for a "Case," which, being sent
up to the superior Court, was on Monday, the
Sand lust., argued before sin of the learned
Judges of the realm, when the Chief Batton
said; "he felt bound by the decision in the
" qUelll, T. Thitrborn, and that the subsequent
"conduct of the party did suet show a felonious
" intention at the time of the finding," Mr.
Justice WILLIAM/ took occasion to remark, that
he "thought the Chairman of the Quarter
"Session. for Dorset had acted upon a mistaken
" view of the law." The conviction was then
quashed.
_ _

Now, here is i very hard ow as It applies to
the unfortunate man, °unworn's. True, the
prompt decision of the superior Court mimeo
him at once from the severe penalty of six
months' imprisonment with hard labour Un-
posed by Mr Panamint, but be had already
undergone all weeks' ineareeration, and, betides,
has been put to the expense (enormous for MI
individual in hia humble sphere of life) of tin,
for wetting the infinities done to him, end
obtaining the restitution of his liberty of
which he had been wrongfully deprived. Nor
should we plow altogether without notice the ex-
pense thrown upon the county by thla per.
verse mid " mistaken view of the law," There
Is the wit of the prow:intim it the NOIIIOIIII Mill
the wet of defending this unfortunate Judgment
of the 011111111011 In the superior Court, all of
which falls upon the comity, already overbur-
hued with an extierelve expenditure, regularly
hiereiming from year to year, and embracing a
multitude of inieeellatieutis Items which Rim to
grow In number and variety with the growth of
time.

We are wilts aware that Mr, Poittnimi,
Mr, MIDDLITOM, Mr 1111111111111 T Wituua, slid
their consignee may say :—" This WM simply
"in error of judgment I we ire none of tie
"infallible 10 Is a thing that Is constantly
" omurring—Wiillaill the appeals which con-
" gently lie from one Court to inother." For
ourselves, we can only say we should be very
happy If the matter In hand could be made to
admit of such palliation, and that the conduct of
the Mynah were amiable of itioh easy sapiens.
non, If the question really Involved one of
those knotty and doubtful points of law upon
which a wrong conetruatiou of Quarter Houton,
Justices might reasonably take pleas, and carry
with it no discredit to the natural peroeptione and
legal knowledge of thee' gentlemen, thou indeed
the error of judgment, as It is properly under-
stood, might be pleaded with effect in
their own vindioation, But we are bound
to my and we say it distinctly and ad-
vitedly that the peculiar circumstances
of the present mos offer no such indemnity, and
reveal not the shadow of a pretext for
the course taken by the migistratet The cues
sited, as any man with ordinary understanding
may see for himself, are dead against the ruling
of the Quarter Session. Court, We do not 'Ay
that any improper and occult !dueness were at
work here I but, if this were not the case, another
conclusion is irresistible—that there was here
developed a palpable and painful limo-
num of the law which has irremediably
entailed, and may at any future time entail,
much injustia and hardship, and place in
no small jeopardy the liberty of the sub-
jeet—a precious treasure, WIWI*, as M de
MOMTALIIIIIIIINT justly says, we cannot guard too
jealously. Probably Mr. Posonna relied very
much—too mush—upon the fallacious arguments
of the °camel for the prosecution, and too
readily rejected and condemned that as "bad
law" whioh the ;mouse!, in the latitude of
privilege and the exercise of ingenuity, thought
proper to designate as sush. Ur. Pommes
414 not atop to wonder that his business
was not to try the law but to try the prisoner,
owl to otholalotor tiro law as bo lound it. Then,
the" law" torso oat to be perfectly good, and
ireeh that the Judges of the realm feel themselves,
without hesitation, to be bound by it. It is
generally thought that Mr. groan has the hap-
piness to have what is called the "ear of the
Court ;" and, really, if this be true, it would
seem that he, or any gentleman of the long
robe acting for or in concert with him,
should hesitate before leading the Court I

wrung i or If It be not pormlited to Isonied
imuneel to be et all 'Wooled by any such own
-
pouncing visiting* of oomadonoe, the Court
should be oareful above all thlup not to follow
the pernicions load whioh may involve them lii
unpleasant oonsequeness, dainage their reputa-
tion, and bring a scandal upon the administra-
tion of the lew lit the good ()utility of Doroot.

PITCHIM (JOHN MANKIIT, Saturday.
--There was a good attendanee at market tu•day,
hut the supply of wheel WAN only moderate, The
demand ruled dull 'thusly laet week's priees. Barley
plentitul the heat 'ample' readily token at NH
rates, inferior dull sale. Data in good supply, and
prices rather in favour of the buyer,

DAKIII Awn Eneon'e Morimit.v SALL
At this sale, on Naturday last, there were brought
to the hammer 28 boasts Alla 901) sheep. Of beef
and nititton of the first quality thero was a short
supply, for the fulmar of Which there was a demand
at frommi, MI. to Ils, Ilur wore and for mut.
ton, at front U. to 7. par lb. For inferior Inmate
and eheep there was a slack trade, the butchers par.
chasing now principally for the Christina. market.
Messrs. Baker and Enloe§ sale of Christmas fat
stunk will be held anitaturtlay, Ibioeuibur 11.
Tile BACON DiNwea.— The Annual Tradesmen's
Dinner, better known as "The Baron at Beef
Dinner,'' (urlginat.ml by
histrue.) oammme nit ati g ipoorYrgtiereami Arnienow in Landau ltkesllpivrievriltiwotinit7in nit
IVetlimeday evening, under the presidency at
Thomas Coombe, Elm., the vies chair being oucupled
by J, F. Ifoilges, Esq. About sixty tradesmen and
their friends a tsnilsd, and the evening WAS spent in
a very sociable end agreeable manner, lit Ni. nouns
of the evening a very handsome silver tankard was
presented by the outioulttue to Mr, Jueeph Look,
butcher, as a mark of esteem, and a slight roangultiun
of his liberality in supplying a baron of Beef grallui•
lonely for illle annual spread, 'the prooseilinge
were enlivened by some good glees, 114111de and
recitations i end We good felluwiltlp led conviviality
whit* always characterise these 0110ellelle were
abundantly atteeted at this anniversary.
neIIIIIIIIOATIONeI. 1111011111, poNtat Isaac .-The
Ant alvereary of the opening of this elegant edifies
was halt mm time 101 k lust, when ab
lesermons were
presolio In the morning by the llev, David Thomas,
of Orland. from Exodus newly, in, MI and in the
evening by the ltev. J, 'penes, U.J., of tie Poultry
Chapel, London,from Colomians 11. Vbe Wave,
Ft Om, WA., J. W. K. Eandall, M.A., and
.1, Miller, MA. , (the minieter), slew look part in the
prooeedings. t wits elated that the Cohgregation
Ilunday schools lied illaleelled eines the opening,
and that talk) heil been unheated during the yea.
The unfavourable weather somewhat inturfarred with
the atlenthinoe but the colleullmie during the day
produeed mairlioNtlO towards the reinaining debt, in
addition to wh dunatiou of Ain lies lbws been
unit

KIIOUNAIOIIA TO LONDOIf..—Wo may *MI the at,
Mullion of our triode and theyrhile genarally to the
anittninoutento in another par of the Nolit're, Malin
Ity the London mid Mouth. salmi Hallway limn.
pony mid by the Weal Ws,Wrii. They are elioap
aeoureion train, to London on apatount of the Month.
field Club I Mile Mow, lit. Weal Winton' darting
on Monday neat, and the Mouilt.Weittern on the
following day.
lItIMMILIIIIII MIONIIII MY TUN Liinti 1•111111111411 T
Of Tin COUNTY Of Doitaft—Durial ilogimaiio of
linlign Robert Ulayton Drown to be Lieut.
eke Homing, tlAtlOAlati.
Among the nainee of gentlemen applying to be
*dialing Attorney, In Ole Mielianintaa Tenn, we
find the minim if listirge Urioakin Aldridp, 'Waled
Ou H. M. Aldridge, Poole, and ileurge Marlin, aril.
clod to John Duch, Uradford, Wilts anti for It..
newel of thiroilloaies, Milwant liellatny Meson, of
Middle (Thinnock, near Yeovil.
VITTY MllMNlONN,—(ilefore It William It,
N. Middleton, W. L. Honing, Meqrs.)—Piossng
Miller, a tiniryinald in the employ of Mr. JAIIIIII laymen,
Ai Abbotebory, wan brought up on remand niippd with
annenling the birth of her illigllimate child. Committed
for trial al the the neal palm,
Robert Miller And 'with Critrbett, two bon of
Abbatibury, were stunutoned for trespassing In search of
armies on lauds of the Karl of lichester ci Ablintobury.
Miller wan lined kl anti Uriteliell IM,, including mods,
Alines Itiwortley, Jim, Ind Job Mull, two other bop;
of Abbotsbury, were stumnoned for a *ltalia eon,
Dleinlesed.
Janie. Derrick, a labounr of Milburn' M. Andrew,
was summoned for emoting a partridge, on lands of U.
J. Wood, sq., at Pitidletown ; he was also charged
with trespassing In seareit of game. Fined RA And
outs. Mr, Look appeared for the defendant.
Jams Itbllis, a labourer of Broalmayne, was oharpd
with trespwalng In search of conies, on lands of John
Floyer, KN., at Wont Knighton. Fined Cl including
costa.
?Peplum Omit, a labourer of Malden Newton, was
'Margod with being drunk and disorderly at Maiden
Newton. Timid and Gusto 4a.
onamirren To DORCHIIITIR a tot,. —SWAMI John
Nom and ittria Norte, stealing a ham, ko., at Dor.
attester Manse Paul, uuulting and beating at Way.
mouth ; Ultarks ?min, stealing bed suiting, ko., at
Arldpurt Wlllllllll Hicks, stealing a pickaxe at Ilawk•
olutrali. Assiut. Neranah hillier, °animating birth of
A child at Abhutsbury. Imprisonment • John
vagrancy at lairolienter, T days, Hord labour Wit.
NM (linger, *Witte ut whip at interhorne, 14 days ;
(hoop lavas and Janice Mort, night poaching Ai
Langton Atatravere, 1 calendar month, and to 111111
sureties for IV talendar months, or a further II calendar
month,' hard Itbutir i Thomas Stanley, stealing two fer-
rate Ai Dorahnier, 4 calendar inontlia Antonia Yahoo,
vagranny at Mainhull, I calendar month i Waller Wood,
(hairline hie clap. iii. 1001141 m, el Portland, lil dap-
-10 day. Wispy Joint Whittle, leering hie hornet and
wagon on the higliwny at Hiandford, 1 eitlendar month
Michael Hvalelp poulting 011ideook, 1 calendar
m oth n I Mary es, vagrancy at lilainiford, 14 Jaya,