The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1871-03-14 00:00:00

AGIRIeW4
1111
e'
rem

Primmer to sea 90 years and there
had been no 4iol before.
maL ir"tint
judge. _his_,:rit;
pro. that there had been a case of
his
llesitenoemindootot:w aoreadlideT.bdar months. he having been 1
ea o 11
BUSOLkIIi IT 1.011114I(D.•
joho Goortera, seaman, 34, was indicted for breaking
and entering the dwelling house of James Palmer, at
p.rtland. on
also the 6h;ousesnd oaftee...wriogaPkareenettles rnad
other .Iti.h.i
stealing a qulafliltl of
quantity of things. the property of Joseph flanks as
7th also t 0 house
Portland, on the 7th January. The lass charge wos
dineeitt,e4lothing, &a, on January
Hobbs., and stealing a
first hoard.
• who shouted
out" It is • parcel of : I had wito basket. You Kern
tilirfi".nsoFtillwelksttlyhperireffrru'lid'tedbeanbilDttwagere
to know all about it. I like to have things rightly
optoodn:C.2ld,emin,gwWhenstahtee
stated."
The Judge: You must be quiet, if you do not allow
the learn ed counsel to praised, you will be committed.
Prisoner : Be appears to know all about it; but there
is no proof of what he says. He Ls talking about rail-
way bridges and baskets, and there was no basket found
on mo, nor was I under a railway bridge.
The learned Judge looked intently at th.) prisoner,
and told him in a firm voice that his time for making •
statement would come by and by.
The prisoner, who was, to say the least, eutcntric,
quailed beneath the Judge's eye, and became quiet for
a time, while the evidence wee hoard.
Nary flobba said she lived at the Victory Arms,
Portland, she closed her house at II on the night of the
7th sod next morning she Caine down and let her
lodger in, about 7 o'clock. When she did so he went
into the taproom, and she went upstairs. Ile called
her down, and found the window had been opontil. It
was a sash window, and no one could have got in unless
the sash had been pushed up. She luivied several
things. She identified a pair of boots, Kul a coat which
she Lomeli had made, and which had been lying in the
window, also a pair of gloves, which she had bought
for her nephew not long before.
Prisoner here burst out sgain with "First of all, I
have got a man, I believe he has turned Queen's
evidence, or prosecutor's evidence, I wish to have him
called. I bought the things of him."
Mr. Flooko said Price had not turned Queen's
evidence.. . . _ .

The Judge said that Price should be called.
Prisoner then roughly and fiercely cross-examined
the witness as to Priee having been in her house on the
evening in question, and continued: You say en
antrum was made through the window in the room
where Pries had been sitting.— Witness : It might have
been so.-Prisoner: A pig might fly; but he lea very un-
likely bird. There is no matter of "might" when you are
upon oath. You remember the time when they came
into your house, do you remember when they left?—
Witness: At eleven o'clock.—Prisoner: What, after
hours ?—Wituess No, not after houre.—Prisoner :
How is it you don't make the tame remarks now as
when you were before the magistrates; What quantity
of beer might Price have willed for? - Witne,s : I don't
think that's your businesa—Prisoner : It is noted down
in your evidence that he came there at seven o'clock,
and had half .a-pint of beer; now you say different.
in answer to the Judge: I wants no defence at all,
because I am innocent —The Judge: Have you any
more questions to put to the wituess?—Prisoner : No,
my lord, she contradicts herself.
Joseph Harris, assistant-warder at Portland Prison,
said he went to Mrs. Hobbs's on the morning of the 7th
January, and saw the window open. The first thing
he missed on going in was his breakfast, which had
been laid over night. The boots produced wore iris.—
Cross-examined: His breakfast was supposed to be laid
on the tap-room table. He did not see prisoner in the
tap-room the night before, if be had he should not have
had a very satisfactory opinion of him. He had never
been in witness's custody for anything.
John Prism said that on the 9th of January be west
to Mr. White's stable' in Portland, at four o'clock in
the morning. At six o'clock he went into the loft for
some straw. The stables were about 20 or 30 yards
from the Victory. Whilst In the loft he saw • bundle
and two pair of boots on some straw. He asked if any
one was stout, but ooukl get no answer. After be had
milled three times, prisoner turned out from some
straw. Witness asked prisoner what brought him
there, when he said he came there out of the weather.
Ile then left, taking with him the bundle and boots
produced.—Crosesixamined : Went to the stable at
four o'clock in the morning, but could not say exactly
what time he went into the Victory, or when be left.
During • oonversation of the Judge with the
Governor of the Portland Prison, pris 'nor observed
one of the witnesses, an ofhoer of the gaol, talking to
the jury, and shouted that he would bays the witness
removed, he would not allow him to talk to the jury.
His Lordship ordered the witness to be removed,
saying that be had exceeded his duty.
The witness was further cross examined by prisoner,
and got rather irritated, replying amid laughter
"Perhaps you won't get so much out of me, as you
want."
The Judge, to witness: You mast answer him pro-
perly, or I must send you to gaol. You will have to
stand in his place.
P.C. Luning, stationed at Portland, said on Mon-
day, he got information which induced him to go to
the otlier side el Portland, in company with
Bile,, sod he came to the Ferry Bridge, where he saw
the prisoner go under the !midge. Witness went to-
wards him, and ha came from under the bridge to
Witrielli, put down a bundle and stood upright. Wit-
ness searched the bundle, and found two pair of boots,
which answered the description of what had been
stolen, and he took prisoner into custody.
Cross-examined by prisoner: You were going under
the rails of the bridge connecting Portland with the
mainland. Fishermen go down under the bridge some-
times,. You did not make any reestartee.
ID his defence prisoner made a rambling stitement.
He said this gentleman (Kr. Ffooke) accused him of
the things being found upon Min, and of secreting
himself under some railway bridge. He bought the
things of some man on Sunday afternoon, the man
could not give the slightest account of himself, he en.
tered the public house at teven o'clock on Saturday
night, and he said before the magistrates that lie had
half-a-pint of beer, and now lie s•ys a pint. Ile says
he went home, but we have no proof of that. He says
he knows nothing about It; but the evidence:, against
me is that I had these things in my possession. I was
walking over the high road from the island towards
Weymouth. Price says be caught me sheltering from
the weather in • loft. He did not know of this robbery,
and yet two or three minutes after he went down and
gave information to the police • if he had had any
Idea of having me apprehended, why did he not give
the alarm? I bought the articles at • fair price; it is
true I was intoxicated at the time, or I should not
have had anything to do with the mu, but be said it
had been winter time, and his wages were very low,
and he wanted a little money: If you bring me in
guilty, how can I think that in accordance with the
laws of this free country, with a limited Monarch? A
person must be soused of a crime, and then he must be
tried by twelve men as near as possible of his own
cuss and denomination. The laws has taken the power
entirely out of the hands of the aristocracy, and left it
entirely on the hands of you jurymen. rill was found
guilty by you, the eoesequenee would be that I should
immediately petition the State, and the answer would
be "you were tried by twelve jarymen, as near as
possible of your own OiSSII and denomination." But
that is not law, it is not justice, it is not policy: We
read that Christianity was introduced into this country
by two monks who landed in Bent, about the third
*limitary ; but from what we sten turn, it is confinedin
the hands of very few people. Is there any Christianity
shown towards me in this case? it is nos the
slightest. Here is a man, who himself say. he entered
the front parlour at seven o'cloak, and did not leave
till 11, and he says he knew nothing about the robbery.
lam found • short time afterwards with these few
articles, and they call this man of whom I bought them.
It is a got-up concern entirely ; even the very policeman
who took me into custody said that was not the proper
way to get over the road, yet when I asked him he
said the fishermen went that way. I went to shelter
myself from the inalemeney of the weather, for it was
raining very heavy when I went into the loft, and also
I when I went under the bridge. If I had any suspicion
of the polioe lasing there, standing by that bridge,
with the wide ocean around me, should I not have
thrown the basket away. Supposing I had thrown it
I over the bridge, it would immediately have sunk, and
the under-current would have carried it sway. Is
there any evidence to prove I was guilty Or had soy
connection with it till that day? Is there any one who
standing ,underneath that bridge with the wide wean
all around him could not I have thrown them imme-
diately underneath the bridge, and they would have
gunk. This is all I have to say gentlemen.
His Lordship called for evidence of the prisoner's
ends of mind.
Dr: J. Good, rumen of the Gaol, said he had had
1 the man under his charge singe January. He did not
think his brain was right; but that his mind was
unsound.
Mr. Lawrence, governor of the Gaol, said he had
always notieed • strange manner in the prisoner, and
believed he had been frightened when young.
The Judge said the only articles really brought hame
to the prisoner were two pairs of boots. Although it
seemed very strange indeed that a man of the prisoner's
should break in and steal truth articles as
Stna was still more singular was that lie was
fo in a kit with the things. After that he sees the
policensan, and be puts down the bundle in the police-
man's presence. The jury would consider whether
there is evidence that he was guilty of this offence.
If they thought he was guilty, they would then have
to say whether he was of sound mind. for if he was
clearly of unsound mind, they must say that he was
not guilty on that Dement. The consequent's of
acquitting him on that ground would be that be would
be kept in prison while that was necessary, so that he
should do no further harm, and be (his lordship) hoped
that would not be for long. The learned counsel for
the prosecution had also reminded him that they were
not to judge of prisoner's state of mind simply by what
they saw of him; but by the evidence that had been
given.
The Foreman said they were not judges of a man's
state of mind; but as Mr. Good had said so, they wore
of that opinion. Verdict: Not guilty, prisoner being
of unsound mind.
Prisoner was ordered to be kept in prison during her
Majesty's pleasure, which the Judge hoped would not
be for lug.
He was then arraigned for having broken into the
dwelling-house of James Parker, and stolen • quantity
of goods.
Mr. Flocks offered no evidence on this charge, and
the Judge &meted en acquittal.
TIM IMAM CONVICT.

- -
Jana Benuatoott, 29, window blind maker, was In-
dicted for that be, being a prieoner in Portland Con-
vict Priaon, did kiosk out and escape therefrom on
September S. There wed another indictment .barging
him with burgloeloualy breaking into the dwelling-bouie
of James Rltheed Orchard, at Portland, aid stealing
two meta and various other articles
Prisoner pleaded guilty to both charges.
lir. Goldney prosecuted.
At 20 minutes put 10, the Judge mad: You have
been oonvieted on your own oonfiession of breaking out
of gaol and also of breaking into a house afterwards.
You an amity under rentenoe of 10 pen' penal
servitude. a portion of which you have to serve, and a
postioa of whisk you might poNibly, I amot is,