The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1883-01-09 00:00:00

POOLE.
QUARTER BEBBIONB.

These Sessions wore held on Fr day at the Guildhall
helve Henry Mason Bompas, Esq , Q.C., Recorder, who
was ere anointed on the Bench by the Mayor (R.
Aldridet, End. the Sheriff (T. Atirnd Req.), W. Pearce,
Esq., IF., and the Rev. J. A. Lewron. rector of Poole.
/The following gentlemen were imago on the Grand
Jury :—Mr. R. B diem (foremen). and Messrs. J. Andrews
T. Buckley K N. Blenehard, J. W. Beckley, W. H.
Blenched, M. Barden, W. W. Bminend, J. Limefieled T.
Gitiard, G. Oodles. jeer.. H. H. Hayman, J. Moeda'',
son,.. R. F. W. °ester, E B. Thomp on, W. H. Ballard,
J. %Veltman. J. lioekine, A. Johnson. Messrs.
Pewee si, E. C. Jenniaa, and K Garter were also
'called.' but did not anseer to the, name'. For some
roma which did not transpire. the Recorder selected the
cue of the last named, and said he felt it his duty to
exercise the power he possessed of infiteting a fine for
non-attendance. It eeemed to him hard that 19 gentlemen
should be comp oiled to attend while the twentieth should
stay away and enjoyed himself and neglected the duty he
owed to his °confer. The fine he should inflict would be
a small one, eel if satiefectore reasons could be given he
should he happy to remit it. Very great inconvenience wee
suffered at the lest Quarter Sosaione from the non-attend.
Anse ot jurymen, and he then gave fair notice that if It
mourned on this occraion he should inflict a penalty. Kr.
, Carter would have to pay a fine of El.
! After the proclamation against "sic., pro/usenet*, end
• immorality "had been reed by the Clerk of the Peace, G.
it. Aldridge, Ent.,
The Kee order delivered his charge. He was glad again
to congratulate them up o the fart that there was only
one ethos*, for teal Frederick Withyman wee shorted
with having stolen a horse and cart, and the facts, as he
understood them, were these. Withyman came to Poole—
for it did not seem he was one of the inhabitants, which
wan a matter of ere lit to the ancient bortxthh—and hired
of Simard Goya horse and cut, saying he was going to
drive to Boarnemouth. He did not return, and the next
that they beard of him wee that he we, at Biandford, try-
ing to ,ell thin hors* and cart. He rtired It for six
guineas. end although the person who bousht it, suspect-
ing that it had not been hones•ty core, by. did not pay
over the money, in law that wooll make no difference: If
they believed the prisoner, bovine hired the horse and
trap, took it not endeavoured to convert it to his own
oge, that would be larceny. Formerly, in common law,
it was necessary to show, where the p•Oprietor of any Pro-
perty had volunterily banded it over to another, that there
moat have been an intentiou at the time on the pert of
the latter to steal it before ho could he found guilty of
larceny. This, however, wee found to allow • large
number of pereons thus to aectimise the public, and an
Act wee so•ordingly peered, which made it a larceny on
the part of ant' bailee e rnvertine property entrusted to
him to his own use. Therefor* it was not material now
to enquire &either at the time the prisoner hired the
horse and trap he had made up hie mind to steal it, or
whether he did so afterwards There wee one other
nutter. the Recorder continued, which he undentood was
likely to come before there, and which wee went up to the
Grand Jun' at the last Semitone, when they were unable
to agree upon It. It was a matter of some importance.
Mr. W. D. Dugdale ere indicted for unlawfully stoo-
ping up • highway. Of course that woe a TNT
different kind of indictment to that with which
he had just been dealing, for it did not imply
that Mr. Duicisle had conscientiously done any-
thing wrong. But it was impossible to preserve the
rishto of the highway MOM, some mean, could be found
of tryine the question whether they were or not infrid
upon when it wee believed they were, and, if en, that
people interfering with them should be stooped for doing
so. Of eol.rea there would be • great difficulty in finding
a eagle ladled lad who would go to the expense and
trouble of an ution in each a matter, sad, therefore, the
law provided that proceedings should be taken upon an
indictment. The question they would have to consider
wee whether there were any erounde for Bemusing, not
whether it was a fact or not—for that wee • matter that
would have to be tried here or at Dorchester—that Mr.
Dusdale had stopped op a public right of way. He
ono aftooi it would be no isolation at all, for it
was admitted t,haf 11,. Deeded' had dowel up •
highway which had ben, j.) a eriTtein event, used
by the inhabitants of Foole in former time. Ne
bed done en beeso..e, as be said, there was no pelelc
right of way there : it was quite true the public bad been
sefuromed to walk across a place of his land, simply
became former 0w1..., who did not oare to go to the
trouble of it riming them, had allowed them to to so, hut
now he was desirous of taking away that privilege. Qn
the other bend those who preferred the ludienfect said
it was a public p tb war, and the htheitants of Poole had ,
a perfect right to walk along this north n of the shore if !
they corol t Noe • right of way could los /rented by
any owner or property by menilr what was called &diced
ing it 10th. public, need not go through any formal •
coremony—corietering it or nuking a deed or anything of
that kin-I, hot, If he forme Ith • inteneton of ravine it to
the public, it e.o.m. a public right f way th- retry. Of
rouse they foul I no: g o into the mind, of people who
were dead, and it wee nor suggested that Mr Nreadele bet
himaelf elven ties right of way. But it we. maid previous
owners had given this they of way, and, when they
found owners of property allowing people ty vidk &array
their lands, without inferreptiou for Yeare. the neural
infra-one r wag tin., they did so because they had elven the
public that right; and although the latest owner fright
come forward and sheer that when he bad the opte rtonlty
be had tarried oplo hack, and that by his conduct he
had sheen he had no such intent-on, that would he rather
e question for a petty fury, and it would he for Vern to
say whether they thonght there was any prima (acid
case that thch a right had been conferred. On the other
band they meat remember that this nubile road, If it was
a public road, bed leen 'topped up for some cneeidereble
time t and- It w.ight It, fairly said that, if thin road
belonged to the putelte,•th..,,oping of it worild her- b -en
completed of Pa soon as it was done, and it all the pe ride
of Poole had chosen t wit demi under this incur, or II"
• for eight or ten year., there wee Ponie coo rod der In e
ne midi right ever 060,1. Anoth, thing they e 1.0.111
. ale r hear in mind we., the often the owner of a nark or
• a piece would ierow the noble to walk ov, it ritber
becousa he 414 Dot care to go to the trouble of mercer inc
, them or Water he did not wish to appear rho rtler An
owner nil oht allow pop'.' to leawicr on ,41
[round, but 0,1 with env intentien if clot th• ell
right to rl. or, hut empty hi' o irree he rill led think it
worth hie whit o to keep them If. That wevehl not give
• en the public any right of way, Whet he prig 1010.1 y.
the Grand Jury, would have to coed ler weed be
whether people walked scenes this ground twertur they
had an undoubted right to do so, or simnly brother) the
owner chase to allow them to do go If they ph,,,,eht
there was some fair ground for saying tit ere was a prei:ic
right of way in this thee—they had not to consider ehat
adorer could be glares—hut if they thought • prime
jasie caw had been made out they most find • tree hit.
He would edd that when once a road bad been de due rt. d
to the pab).e no amount of die-user could get rid of the
debt. If they were satisfied that 1.0, :0,, or oven II) parrs
ego Ude was a path where people bad • pled to walk,
although since theb it had been elletneel, there would be no
means of stopping except by proceedings which had not
ben taken in that csee. Let him suggest to o them cos to
let any bye-motive' or other consi-lerationa
their eles(l.lno. What Mat. the motive) of the route who
bad brought this Indictment was no concern of either
theirs or his, nor wis the reason Mr. Dugdele may
have had in shutting up this road. They bad litany to
do their stet, us wding to their oaths,
Tin tODtCTUiI7 AoAleiT MIL W. D. DOODALIa 0.5.
The Grand Jury were &hunt about an hour considering
this cu', and a number of witnesses weft examined
before them. In the end they retuned lute court, and
the foreman handed down the Bill to the Clerk of the
Jj'alet, who maid:—" Gentlemen of the Grand_ Jury, you
find slaw see:tet William Day* Duda, for
readamanor-. ' •

The foreman bowed sweat. and the hay were then die-
cleated by the Recorder with the thanks of the niaglatratee
of the borates for their eerrtel•.

STEALING • HORSE AND TILLY.
Frederick With,' man. 17, baker. of imperfect educa-
tion, *waded guilty to et-cling • black man, • doe curt.
sad kernels. eels* CM. the property of Edward Guy, of
Longffeet, on November 3rd.
Mr. Budge prosecuted.
The facts of the MK which were not goo* into, will be
found in the Recorder's charge.
The prisoner, who, is • bad charscer, and evidently is
older than he makes himself out to be, also pleaded
guilty to haying been coovicted on too 3r4 ol Mar, 1881. of
stealing • gelding, a bridle and coddle, at W.etover, trom
which be lied undergone nine montha bard labour, at
Shpt-'n Mallet jail.
The fteco,'er told him hie was an offence which It wee
ahnoth Imponsihle for the public to guard themselves '
against, and therefore it wao absolutely nc 'wary that* ich
punishment should be indicted as would deter people lilts
him from committine them. Mg WY not hie first offence
of the like nature, and one would have hoped that the
punishment he had undergone would have led bun to
bettor paths. but notwithstinding that rilmoot &I soon sis
It had terminated, ho bad comet, Poole and committed •
similar offence. He (the Recorder) had had a very great
difficulty in deciding in what way ho should deal with
him. He wa• • yettag man, and be would give him one more
chance and would not on thin occanoo send him int
penal servitude, at the some time let him remember that
If ever he again committed a similar crime, he wou d be
sent into penal servitude. If be came again lief ire him
be certainly would be ith hoped that when be cause out
of prison be would lead an honest Ale an I then woe no
ninon why there should not he a happy one before him.
at the same time he must sentence him to • long term
of imprisonment, otherwise be should not br ii lug his
duty to the public. The sentence was 18 months' bard
labour. .. . . . . . .

This ooncluded the business, and the newly chosen
Sheriff afterwards entertained the Ka:order. Mayor, and
others at luncheon in the Council Chamber.