The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1869-09-07 00:00:00

COUNTY EXPRESS AND AGRICULTURAL GAZETIT, TUESDAY, SEPTTENI3ER 7, 1869,

.tho=7
might being an action for the timpani
by them In tette' the corn. At any rate
he
rxhad no rigid to ere • wend time when be had
d, frightened them off the ground (The appellant
one shot which canwwl the pigeon. to Ties,
ned with • second he killed one ) Mr. deader
Blackburn: If the Ant shot ems not unlawful, I don't me
khek the waned Could be.- Mr. Hennen, for the aPpellent : It
would be • very liana, construction Upon the datum,
lithe cotutPirseithll t applied to such& sathepronent, The word
" unlewitir nhwt be used in the sense .4 there being s guilty
Intention to deprive the man of bin French, In
The notion mud have been intended to
r°lllch there rem an absence of intentha to d=ine '"
vraey 0110
of his property, end the justiceu have decided Shot under the
eireeteMehent the killing wan unlawful.-- Mr. /undo! Black-
burn My mind, not quite free from doubt Ins this case, but
upon the whole, I have tome to the conelndod that the proper
construction Is that the appellaut ought net h." been con-
rioted under the tied Friction. The oemem which the Act dear
with lure nifentioi efundenc generic with Mrceny, and, though we
might hot to give ton much weight to tlud iwgetnent ; still, nn-
doubtedly some weight is to be attached to it. The
13rd section follow. miner rections which provide for
the weans sit.g heeie, in peinession tif dog. and birds,
such is it wee not an offerim of larceny et common
law to steal or be in remission of. (The Judge then
read the section.) The question then 1., what is the mewing of
" unlawfully" killing. Now, them bac been considerkble doubt
upon the question how fat uPIO when eying isismt is Pro-
perty and the subject ri larceny, and bow for the killing of
melt • ingeon is an offence riusdnit generic with larceny. In
the ease of Revell v. Blade. it Is repotted BIM the better
opinion of the eminent judges who decided the mne was that
essea perpertyit pigeons, end therefore that they were
not the subject of larceny. I utntk that we in" enntere•
the s-tion no menning unlawful killing under such
Circumstances so wwtld m•t• it • laceelty If it were
not for the peculiar doctrine of the law m to the pro.
pert; in rionne. We most take it upon this case that the
eppellant shot the pigeons under the real end honest him Hist
he wee elemising the not pnitecting his crop, end that he
wee not committing no offence at all like larceny. For thefte
reams., although not without some doubt I think that the non-
nett. wax wrong. and that it should be quathed... Mr.
Jintice Mellor The words .4 the section are certainly wide
enoierhto admit or the .iew which is imprinted by Mr.
Francis, liut when I look at the result+ Id such • construction,
and noticing, but trithout relying too much upon the fact that
the statute line refertocc to larceny and criminal °Miami, • fact
that in entitled to some weight, I cminot think that it um in'
tended to apply ton cave where there ow no guilty mind, but
where what wee done occurred In the Towle of protect-
ing cons from the injury done by the pigeons. There
might be • cane where the birds were killed without any
colourable right, and yet mder circumstanced which
would not amount to lareency, and it may have betu thought
proper to Introduce this partimilar section into thy Act so as fr.
make thin offence puniabehie, where it was done as an entirely
wanton set. According to the cisertruction put on the section
by my brother lileckburn, we are quite justified in najing that
the jesticen have misundentood the meaning of the nection,end
that their decision was wrciag.—Judgment for the seteitusett.
ereartotlio quaabed.
Kr. liymouds urged that the premed ewe was all fours with
the on. he had quoted. Mr. Duke's corn was treepumed mein
and injured by Ms neighbor's poultry. Mr. Weeton had
.poke about killing the bird. Ming an enneighbiune net,
but he did not think there one ntrthielf utemliffinumlY in •
man defending his one property. And he had due notice
of the defendant's intention, therefore any damage be suffered
wax the comsequence of his en negket. Th. elet section,
under which these proceedings were taken,wse In Net the mote
theme en the Vird in the en" i 4 the pigeons, both being
whomever shall unlawfully •nd malkiOnaly." fir.
Mr. Weston, in reply, mid there was a last deal of difference
between • pigeon end a turkey -the former could not be Im-
pounded, taut the letter might he.
Mr. Symonds mid they might fly out of • pound.
Mr. Weston They could he lot In • barn. He should prove '
that Mr. Duke had been joid el for the damage done him,
dnoe he had give notice of hp intenUon to shoot the birds- It
won paid on the very meek, when four fowl. were killed.
Hr. Symonds mid It was on the Wednesday,
cepted on condition that the fools should not tremens
After the magistrates bad 'ooked at the cane quoted y Mr.
Symonds. Mr Animus mid they considered it governed the
present case, and that there hod been no "unlawful" killing
within the meaning of the Act
, Mr. Symonds warned complainant that Kr.Pubewouldaboot
every fowl that tresistesed on his premises.
(Before Major Addl. and It. Thornton, Esq.)
Witham Monad fuel Franeis Plackca, two young men were
charged with assaulting William Howe, an eiderly man, at
Ower Moline.
The too defendant' were tieing wheat at Mr. Chick's and
complainent es+ carrying. Puckett during the afternon had
emit words with. WWII named Smith, which ended in Puckett
putting up tin GC. hl,,avWee( between them when poetess,
knocked him down. On getting up he bok • stick end struck
at Puckett. Thep Puckett a hurdle null and broke hie
heed with It. Manuel kicked him on the shoulder when ha
wen on the ground, John Perry came to his anaistance.
What did he do? He did nothing, for they knocked him down
said he went away -Humbler?. In cromexamlnation com-
plainant deeded bekg drunk though he mid be drank as often
as he wanted a quarter 14 j.int at • time.
Mr. Howard: drank • quart at • time
quart ! no, ho-hold think ur • quarter of a pint.
Thoetes pitinae Saul Ed•udlifilith Were called to corroborate.
llosard urged that Bowe went in between two men
who were quurelling, and desirmally got struck.
The Bench fined the &finitude OA, each, including coda.
Emma Thonie applica dr an -nine hadanly against
Robert Doss, Both ;panics Inc at Proms Vatichurch. Mr.
Weston for appellant, and Mr. ihaard for defendant In this
Mee the panty- girl and lot -had "walked together" for some
time. one 4:setting at the cud of September, the girl's elder
aide, saw them rwirie fr..ni Mr. field, at Maiden
Newton, and pintas:tot thcm. The two girls slept together,
and when they went to 1,1 •hat had occurrul was revealed.
Next minting the elder alder nixie • memorandum of the
affair on • sheet of miser. and carefully manned it. The
intimacy was not rette•ed, i,otoi,iuecourue the girl gave birth
to • ehlld. In nomexammation the girl wee charged with
criminal familiarity with oilwr p. 11114; men -scab too were in
ioun to be relied as Mune., • I,iit she stoutly denied it
The cider alder's memorandunt .4.4 lint produced, though she
said she had It at homy. aol NO. Howard urged, when the
applicant's case was a -cd, that there was not sufficient cor-
roborative teeltieeley all the ikeeh Without calling for any
further defence. the application.

MB ROYAL TTIOLSaII tillialaa gave three ipoodelill
at the Corn Exchange, Blarldford„ on Thareday, even.
lug. Friday naming, and Friday 'Teeing last, which
were well atteeded. The morning consort was patronised
by many of the leading families of the beighboerhood,
who testified their appreciation of the singing and
musical talent of the company by repeated plaudits.
We understand thet, with but one exception, this
talented company all helots to one family, and cortabili
more pleasing or liner grown men and women, all
habited in their national dress, eould seemly be found.
Their shying, especially the tenor, was beautiful, and
in Hotel of the chorused the martelloue falsetto notes
for which they are calibrated weft Mought mit to
perfection.
CllClrr.—Risadf ord r. Harifori Club.—On Monday
a touch was played between the above clubs, on the
grounds fronting Hanford House, which attracted a eon.
lidera'''o gathering of the lovers of this noble game.
The match was well contested, and resulted in favour of
the Blendford eleven by 12 rasa. The only thing
peculiar in the play was the Mile number caught out,
no less than four the @mond inninp of the Hanford side.
Cloy Sormcf. EN., with his usual kindness and liberality,
entertained those protest with 1112 excellent laneheon.
The following are the snores:—

BWIDIORD.
IA ludas,. 2nd Inning.
Churchill, b Clay . 20 e b Clay .. 17
Browne, Ibw, b Auden. .. 0 b Auoten 4
Traill b Audero b Clay 0
CliurchW, c Godwin, h Clay .. 3 110 w. b Clay 24
Browne, b . .. 10 b Flay 7
_ . "

titanctuiry, b
b Clay .. , 6 b Austen..
Raab, c lloldy b Cisy e, 0 r Reid, b Austen ..
Groves, b Aussen „ „ b Clay 0
11. Auiden, b Austen .. .. 2 rl4 out 0
Illandford, not out • b Clay 0
Ilyes 0 leg byes 3, wide 1 10 Ryas 0, lag bye 1 .. 10

1131110311.
Lacey, bB.ncto.sy .. 0 c BrowncbChurchill
J. J. llohlway, b Sanctuary . . 5 °Trail'. b Churchill
Cia), c Browne, b Churchill.: .: 10 b Trail!
Held, b Churchill C. Churchill
FL E. lioldway, c C. Churchill .. 4 4 Smith, b Trani ..
Auden, c Ti.!!!, b Sanctuary .. 11 c bW. Churchill
littpuer, bW. CltirWSll 3 bW. Churchill ..
Uoilein, not out .• 13 4 C Churchill .. 1
Crow, aIC. Churchill.hW.Churchili 0 b Tnall .
Wren, Ibw, b Sanctuary .. 9lbw, b W. ChUrchill
, Waite, b Sanctunry . 1 mit out ..
EYtis 8. ft bl• Wide 1. no jll wWe

3,
Calcdrr.—tibsrotw v. BLatn)rold) Ctob.—On
Friday the return !match between these two elevens
took place in Mr. Look's meadow (Blandford ground)
sad resulted In favour of Blandford In one innlnasi
six runs to spars. Mr. C. Clay of the Hanford party
showed some excellent batting, going in first in the
second innings, and carrying out his bat with a snore of
36. Mr. C. Churchill end Mr. It. Bury also made iood
scores on the Blandford side and the bowling of Mr.
W. Churchill sad wieket kes'ining of his brother, Mr.
M. Churshill, was excellent. Luncheon 'se sppplied
by Mr. Moookton, of the New Inn, tloodford St. Mar) v
SLANDICORD.
W. Churchill, c Reid, b Clay .
M. Churchill, run out ..
O. Browne, b Austin ..
C. Churchill, b Austin
R. Hmr, c Godwin, b Reid
& Trell. b Wren ..
A. Smith, cAusUn, b Reid
V. Vlison, b Reid.. ..
, O. Browne, run out
_..
' EL Austen, c Audio, b Reid
Hookey, not out ..
Byes 1, I b 1, w 8

.. Ili

let Innings 2nd Innings
C. Clay, b Hookey 7 not out ..
J J. llokirray, b Hookey .. 10 bW. Churchill 8
R. Reid, Ibw, b W. Churchill.. 7 ell. Churchill .. 1
Newman... W. Churchill. b W.

-
C. Jones, c&b W. Churchill .. bW. Churchill ..
E. J. Auelln, bW. Churchill .. b Trail .
V. h. Stanley, nal out .. h W. Churchill
C. Godwin, b W. Churchill b W. Churchill
C. D'Lsrey Lacey. • M. Churchill
h W. 13 W. BruuTIII
Sterem,e sirnith,b W. Churchill run out.b %%Churchill
Wren,c Wll.ou, b W. Churchill I h w, b W. Churchill
Bye 4, lb 2,

A tiCalaT.—The members of the Stour Vale Amber,
Club held their beyond ~nd most important bow meeting
on Tuesday last, and favourable by very pleasant
weather, passed an agreeable afternoon in the Crown
Meadow. Though the number of oonspetitors was some-
what smaller than on previous occasions, doubtless to be
attributed to the attraction of Weymouth Hama, yet on
the whole the meeting was a good one, and judging by
those which have been held this season, there is every
reason to believe that &Tabery is becoming more and
more • favourite pastime both with ladies and gentle-
men. A good des' o/ this seemly is no doubt to be at-
tribute,' to the urbanity, the kindness, and peat
interest which the Secretary of this, as well as cf the
Anglema Club, have ever shown in prmnoting the ad-
vancement of the club they are severally connected
with. The following are the mores made on Tweeds,
LADIES.
as yard.
it arrom.

50 rardx. Ortit. Mg*
31.1 aegz.

hit+ 1.40,3 Cold hit...mg...ld b1i....-70;;;;;.
11ia.% 8411160 .. 35 151 2 23 121 5 58 272
111., Parke .. .. 51 213 4 31 115 2 82 362
21 100 2 16 61 0 40 161
Mi.- E. 11. hake .. 42 162 3 19 67 1 61 221
Ili. B. sulliven .. 30 61 2 11 41 27 105
Mi. G. 1aek.110,08.. 6 26 1 la 58 22 84
MI,. 00%-er.. .. 4 14 0 16 13 211
6.11. 11,1411 .. 13 36 6 lit 111 61
Mr, Ilenuml .. 36 134 26 194 64 222
kii. l'enny .. 21 61 11 37 32 9$
11k. C. Hower .. 51 91 23 in 64 189
.. 52 0 33 173 95 aln
Mi., 11.oney.. .. II 5.6 14 66 26 114
Mr, I.7ice .. .. tlt 130 11 46 42 170
Mks Putall.. ... 0 0 11 52 8 62

optsnamica.

80 yards. 80 yank. Total Ag2re-
-30 mow.. 7.2 an,w.. Non gate
MU scum gokl kilo 49 nu gold hita. soon.
Mr. Wallington .. 0 0 18 76 2 18 7.1
Mr. O. Balton ... 12 46 9 37 21 23
Mr (sentry .. 18 68 35 151 53 219
Sir. Grant latltou... 17 71 19 67 30 Mt
Mr. T.,rkinglon .. 14 40 15 47 AI 87
Mr. limner .. 25 111 10 6/ 41 171
Mr. Bernard .. 9 41 8 32 17 73
Mr. Roxby .. ... 4 20 18 711 22 90
Mr. Doddlngton .. `lt 74 2 24 00 43 164
Mr. runny .. .. 17 09 3 It 40 961 100
Maim Hickey .. 22 04 1. 32 loo: 51 20t)
Mr. F. J. Johns .. 5 17 0 ..1 23 14 40
14r. Moult .. .. 11 51 1 3 9 14 00
Mr. Heath .. .. 21 63 0 21 49 41 712
Mr. W. Bower .. 11 33 1 10 34 21 67
Mr. 11. Brown .. IS 75 1 18 74 33 149
Mr. Prim .. .. 30 160 7 42 162 72 321
Mr. W. F. Fox .. 10 34 2 10 34 80 63

The prises were won u follows. Ladies The
shallenge quiver - Miss Fox; highest score-Mho
l'arke, after deducting Maas and whit.., greatest
number of hits - Mrs. Bernitd, ; best gold
-Miss Baran ; President's prise, for red. ant
Musa-Kiss Fox; lady Paramount's prise-handicap-
Hiss E. li. Parke, 4119; visitor's prise-Wes Dickinson;
extra club prine-season score, Mrs. Priem Gentle-
, men t Highest iesore--)Lr. Coventry, 219; greatest
number rif hits-Major Hinkley, 54; beet gold-Hr.
Penny; Lady Psramount's prime - handicap - Hr. I
Bryiner, 373; visitor's prise-Mr. Doitlngton ; extra
club prise- asuon score- Mr. H. Bower. The ball,
which took plats at the Crown Hotel, was not so largely
patronised so at the last meeting.
A VIULVITIHOZACTEII.—At the Magistrates' Clark's
Moe, no SOW y, before Lord Portman, and 001. Memel.
Chaster llaimitand alias Cake, was brought opt. custody OP
two separate clargai, one for using threatening language
to his wife, end the other for being drunk and assaulting P.C.
Thomas Haymm, whilst in the can:Miura of his duty. The first
cher, woo withdrawn. The constable said he found the
prisoner drunk in the streets of /inborn* on Thursday night.
using bed language, and threatening to murder hie wife. He
requeeted him to go on, but instead of doing so the misoner
struck and kicked him. On the way to Woodford station,
prisoner attempted to mkt, his staff from his pocket and on his
preventing hitni seised him by the throat, and a scuffle
embed between them, both falling out of the trap. He, how-
ever succeeded Id bringing prisoner to the Woodford polio.
Mellott—Committed for two months' imprisonment with hard
labour. limey Mudge, wheelwright, of Sturmitieter ktarshafl,
waa fined is. and gs ed cane for being drunk and McNabb In
the Armes of Woodford, on the prsosdlg night. The chorge
Improved by P.C. Bement

Eintoorrn AOOMILIM—Mr. Templer, nephewed Kalov
Templer, of Kountaeld, on Wednesday evening Ina
returning from • ride on the Wed Road. midi,' the dark
went with great force against the turnpike gate, which
was clewed. The collision broke the gate. • very heavy
and substantial wood one, in al places, and on-
seined Ilk. Templer, but luckily neither hone nor rider
sustained any injury. Yr. Templer resumed his toarney
before the gate keeper was able to get to his aseastarme.
SODDEN DIATH.—Oa Saturday evening Mrs. Sarah
Ann Davis, wife of Kr. Alexander Davie, of London.
and daughter of Kr. Edmund Brooke, of South-street.
Bridport, went to the railway station to meet her
husband, who arrived by the excursion train about
eleven o'clock. She was then in her usual health and
ecoelleot spirits. Early the following morning she
complained of a violent pain in her chest, and at eight
o'clock she breathed her hat She had bees only a
week on • visit to her father, and hid plumed the
following week's excursions in the neighbourhood with
her husband and friends. She has been married live
months, and was 24 years of see. The muse of death
was heart disease.
Mat CART CMIIIALTY.-013 Thursday morning the
horse attached to the mail cart from Dorchester, fell
down deal on its journey from that town to Bridport.
In imosequence of the &addict the mails which should
have arrived at 5.20. did not red& here until almost
7.30., and of course, the delivery In the town wag late
In proportion. The hone, which Mr. Houmall formerly
used, dropped down deed under similar circumstance.,
whilst earning from Lyme, a week or two since, and the
animal in the present case, he had "on trial," it being
the property of Mr. Ciale of Venny Cross. who was
driving at the time of the accident. The mail east was
oedby hand from Coomb Bottom to the "Traveller's

Bowman Poctca, Thursday.- Before S. Whetham,
and J. TeMplell.ll, Faure
Joarpa Ilea*, • men nearly misty year. of age, in the mortice
of Mr. Pitheld, f Symondsbury, as. brought up cleaved with
miishing lienah Werbin, blo'ere daughter, and wife of •
labourer, 11* uhf in Hrislport. She I. about fl yearn of age, and
misonerand his wife lived in the NMI: hours: in St. Michael's-
lane. On the 111th of Autrint prisoner'n wife died, and was
burled on the following Monday aICMOOII, the Ord. Mc had
been drinking on the Sunday night, the 22.01, and again tim
next morning. The roman, who did not mern at all to realim
, the enormity of the teise,tosial that on Monday morning, the
' Thal, when the prisoner made known his porno.r to her, she
told him "he ought to be whamtsi of 1111104 f, WAIN; that
his wife we. lyine had,- tort she did not call our for assistance,
neither did she when he mooned to more extreme measure.
Prisoner asked her " meet him again," and she promised to
410160. " but that was only to get nosey from his eioteiss.s.-
sine aid oos eurhing to her husband about what had
occurred, became e,he was afnild of what the prisoner would
do, and because her mother ,was going to he buried that day.
He wee • " very wisliful man when he had got • little drink
in him." On the following Priday prisoner again unsuited
her. She told the Knour the did not with it, end she tried
to prevent him as much as the could, although she was afraid
to cry out for fear of what he would do to her. Prinseer had
made " • prquel to. her' bout sin or morn weeks previously,
but he did not then carry it Into effect. —P.C. Burge apprn.
heeded the prisoner at Symondsbury. When proceeding to
the nation, the prisoner mid, "I shdl hear what she has to
my, and I'll speak the truth, LI I get nevem years' transportation
for it. At • later period of the day, while in his cell at the
police-dation, the prisoner admitted to the offfeer that he had
been Intimate with hie daughter, but added that "It was only
01203, and that WM three montins ago."- The prie-ncr now
stated that ft occurred four months ago.—After • brief consult-
ation, the Bench said, that whatever impropriety had been
carries! oh (and they leered there had been much) they did not
consider the evidence, as adduced Wore thou, nufficient
to
Justify their committing the prisoner, whom they should din-
chance. They sincerely hoped that another such • cam would
never come under their notice.