The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1883-03-27 00:00:00

THE BTERTE WALL.

00XXITILL 01 XL, DUODALI, J.F.

On Thursday m irning last, upon Mr. W. D.
Lingdalis, J.P., leaving the 1390 rd-room of the Pool,
Guardians, of which body he is chairman, be found
wading for him P.O. liesdase, armed with • warrant
for his apprelmasiou. Mr. Magdale, of comic, at once
surreaderel, and accompauied be repreeentative of
the law to the pobormatioa, and, in order to relieve
the feelings of anxious readers, we may state that ilTsti
if the °Mom haypseed ti have • paw of " bra:islet."
In one of his corner pockets they were not produeed.
The story of the *Arta Well ie almost too well-
known to need repetition. It was erectsd some seven
or eigut years ago, we believe, by Mr. llugdale for
reasons with which everyone most sympathise. By it,
however, it is assorted one of the prettiest walks
adjoining the town bee been taken from the public.
Anoordingly, on the let of November last, after so any
allusions had been mode to the well by sundry
political speakers, about 10 at night, the obnoxious
obstruction was levelled to the grained. Tile moraines
reflection, however, mama to have convinced one or
more of the burgesses that, altaough Chi was a prac-
tical, It was not • legal way t go to work, end,
accordingly, it wee once more erected; but not at Mr.
Dugdale'e *Epsom.
Hollood, rePreatatiog, it Is generally under-
stood, the towered Defeaoe Aasoctistioa, then preferred
an indommeat against Mr. Dugdale, at the January
Quarter shadow' for this Borough, for • miedemeenour
in closing this right of way. The limoordm laid it down
that if toe path bad beau originally dedicated to the
public the lap.* of even 50 or 60 years would not
destroy their right to it; but U the public had been
allowed to make use of it simply from the indiffereene
or n,liol of former owns,. that constituted no legal
right at way. Toe jury returned • true bill in the
abeenoe of Mr. Dural% and it waa let t to him to
appear voluntarily before • magistrate, in order to be
committed in due form. This he declined to do, and,
as we have stated, on Thursday be was arrested.
Mr. W. N. Western was the magistrate in attend-
anos at the Court, but there were none of the general
public protect.
Yr. Omni& said be appeared to make • formal appli-
cation. By Section 3,11 end 12 Via., 42—one of
Statutes known as Jarvis' Act—it was «mated that
where any indictment was found by a Grand
Jury at a Court of Quarter Section against any
person then at large, the person who sate 1 as Clerk of
the Peace at such sessions, should, upon application,
grant to the prosecutor a certifioate of such ladicument
having been found, and upon the production of such
cm Whale it shall be lawful for the justices to issue a
warrant to apprehend such person. and cause him to
be brought before theta sad dealt with according to
law. And afterwards, upon its being proved upon
oath or affirmation, that the person ea appreheaded is
the mine person against whim the indictment wee
found, they shall, without further hearing or enquiry,
commit him for trial at the sex, Quarter Seesioite, or
admit him to bail. Mr. Curtis then hands I in the
certificate, which he said had been found against Mr.
Daedale for mopping up • highway at Start%
Mr. Badge (for Mr. Durdalie) : You mean an alleged
highway?
Mr. Curtis continued: Mr. Itabrood, who was the
prosecutor, would give evidence that Ur. Mistrial* was
the same person.
Mr. it. Tanner Halig cd was then called.
You aro the prosecutor in this C —Yds ; I
prefer the indictment.
(Ms. Budge: Why not say at once you are the
prosecutor). Ant you were present in Court on
January sth, 1883, when the iagiotaient was found?—
Yea.

- Mr. Ditgdale now before the court is the w°. person
*catgut whom the in dictaant was found I—The same
person.
And you produoe the certificate granted by the
Olerk of the Peace, of the bor oi4b of Poole, of the
finding of the indictment 7—Tee.
Mr. Budge said if it were prop ssed to commit Mr.
Dugdale for trial at She next IQ water Sessions, be must
object. Mr. Dugdal• had only been apprehendod that
day, and as the mute had risen for the Easter vaca-
tion, there would not be time for him to apply for a
writ of certiorari to remove it to the Court of Queen's
Benoh or elsewhere, al they might think fit. If the
magistratee had the power, he would ask that Mr.
Dugdale might be committed on his own reaostaisanoes
to the Sessions after next. The Sessions were fixed for
Lb. 2nd. and the Courts di I not sit again until the fird,
so that it would be utterly impossible for it to be tried
then. _ . .

--Mr. Curtis said the prosecution would not have the
slightest objection to it. being postponed, but he wee
afraid the juetioes had no power. As regarded the
latenees of the arrest, he witild nay they bad ben
anticipating that Mr. Dugdel• would voluntarily
surrender, knowing that the indictment had been
found, and come before than and enter into his
recogniestwee. That was the usual cowed, and he had
only been apprehends 1 because it had really been
forced upon them.
Mr. Badge did not for one moment say that his
friend had done anything unprofessional. As far ae
the warrant went be knew that he had kept it back
very much on his own responsibility. But first notice
—.the first legal notice—they bad had of the bill having
been found woe only laet week, when Mr. Trevanion
and Mr. Curtis inform. I Mr. Dagdale of the fact.
Indeed, that was not really a legal notioe, for the
oartificate should have been pro kneed, so that th • only
legal notice they had was the warrant. The bill was
found January sth, but the certificate was not moved
for until February fird, and Mr. Bagdad' was
apprehended that morning, therefore it was mani-
festly Impossible the oase 'meld be got up In time to
be heard at the neat Quarter Sowdorm. As to his com-
ing down voluntarily to enter into Ws own
antes, Mr. Dugdale declined to do so, as he oo=
it a moat vexatious proceeding altogether, and there-
fore left it to the prosecution to take wluitaver errors*
In their opinion eseined beet.
Mr. Western said it he had the power to adjourn
it till the Quarter Sessions after next he should
earteinly do no.
Mr. Curtis said they most decidedly would not
object if the magistrate had the power (but be
believed he bad not), for these proceeding' were not
brought vexatiously against Mr. Dugdsla
Mr. Budge: It is a matter of general opinion, you
know.
Kr. Habgood : I have an opinion ae to that as well
m you.
Mr. Curtis: The object is simply to get a question
of disputed right of way decided.
Mr. Budge, after looking at the Act, said the
words were " the nextensuing Quarter Seolons," so he
was of opinion the magistrate' amid not further adjourn
it. He then applied that Mr. Dogdale elsocild be let
out on bail in his own recognissaces. adding, "If
further bail I. wanted I dare say be could get It.
The recognisance' were then fixed in £l5, and Mr.
eZd, having looked at hie pocket-book to see if he
aaAti; other engagement, Intimated he wee " eon-
Mat t' to be so bound over to appear, and answer the
Inilotateat at the next Quarter Bessione.
We believe an application for a ijourament will
then be made, and In the Interim a writ of certiorari
for the removal of the are to another tribunal will be
applied for.

.11C•tal