The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1858-12-28 00:00:00

WINTER ASSIZES.

WESTERN CIRCUIT.
TAUNTOY, Dec. 20. (Before Mr. Serjeant BTUS.)
THE EXMOOR MURDER.

William Burgess was indicted for the wilful murder of
hie own child, Hannah Maria Burgess, at &MOGI, on
the 25th of July.
Mr. Kerslake and Mr. King were counsel for the
prosecution, and Mr. Rotten (at the request of the
Court) appeared to watch the case on the part of the
prisoner.
Before the jury were sworn, Ur. Rotton appealed to
them that if Ray one of their body hail formed an
opinion on the case he would in common justice leave
the box.

Tie Judge said this was somewhat irregular, and if
there was no challenge the jury incest be sworn.
The jury were then sworn.
Mr. liarslake then opened the case. The prisoner had
for mony years been working on Exmoor. He was a
widower. In July last he lodged at Gallon-house cot-
tage, on Exmoor, near Si=iouds's Bath. The prisoner's
child, a little girl six years of age, lived there also, and
lie paid Small Marley, with whom he lodged, 2+. esl,
week for its maintenance; but it would seem that Inched
;aid this sum grudgingly. On Saturday, the 24th of
July, lie gave Mrs. Marley directions to have the child
cleaned, and her little wardrobe packed up in a bundle,
as he intended to take her away early in the morning to
his sister at Periwig. He left the cottage about three
o'clock next morning, taking the child with him. The
distance to Partook was about seven miles. After that
morning the child was never seen alive. Between seven
and eight that morning the prisoner arrived at Porloak,
but without the child. About three o'clock that after-
noon lie returned to Barley's oottage, and remained there
till the 101.11 of August, when lie left. Reference had
been insole to this poor child, and lie said she had gone
to her relations. On the 10th of August he left the cot-
tage, but said he should not tell where he was going to.
About the middle of August oonsiderable suspicion bad
uriacn that the child had been unfairly made away with,
and It was ascertained that the child had never been
taken to Porlook. Further inquiries were made, and it
WM. found in a field near the cottage that there had
been a fire kindled clone to • hedge, and among the
embers several pieces of different articles which the
poor child had in her bundle were discovered. Suspicion
then became rife, and a superintendent of police traced
the prisoner to Swamies, Where lie found him, and he
then arlinituid that Ike had murdered the child ; lie
seemed to be overcome with the pangs of conscience, and
said if he had not been taken lie should have insole away
with himself. Search was then made for the body of
the child. Near the place where the remains of the
fire had been found there were appearances of a trench
or child's grave, but it could not be shown that the
body had been buried there, although there,sould he
little doubt that it had been temporarily placed in that
grave, but had afterwards been disposed of in • More
cautious manner. Somewhere near this spot was the
shaft of an uld mine, called the Wheel Eliza Mine, hut
the working lied ceased for some years, and the shaft
had become filled with water. This shaft was 216 feet
deep. The magistrates having reason to suppose that
the body had been deposited there, kcoot laudably 0111110
to the determination of having it searched, and they
entered into a contract with a person to pump out the
water. On the 16th of ()Weber the work was coin-
mewed, and early in December the water was nearly
pumped out. Something was min at the bottom, and
an emnneer descended, and a bundle was brought to the
surface, and the body was found In it tied up in the
macintosh of the prisoner, which was enclosed in two
sacks. There was a post ntortrne examiration, and it
was the opinion of the surgeon that the skull lied been
fractured and the child suffocated. The body had not on
any bouts, but Its boots were found in the prinuner's
bundle at his lodgings at Swansea. About the dress of
the child were found !Woes of a peuuliar mud which re-
sembled that mud which was found at what had been
designated the child's grave. Under all the fads he
should ask them whether there could he any doubt in
their minds that the prisoner had coinkiiitted tide dread-
ful iuurder. It might be asked, what was the motive?
It was not for him n to search for them n ; hut they did
Ithcl that he grudged the pittance lie pahl for this cm•
fortunate child, acid they would see whether there had
not leen a plan and oonsistenoy about the conduct of the
prikunier which would seem to get rid ol the assiunption
that lie was not at the time in a sound state of oilnd
when lie ookinnittgal this fearful crime. He would now
will the witnesses, and through them place the facts be-
fore them.

Thoinal Bouee.—l ant a mining onalneer, and in
October I was employed by the magistrate. to pump out
the Wheal Elias Mine on Exmoor. The Amite and
multi were full of water. I took the contract to pinup
out the water for C. 160 simply for this twilit, I coin.
mimed on the 111th of October, and proceeded down 2111
feet by the linct of December, I got to the bottom. I
went down the 'haft, and found • bag ; the mouth of it
wee thrown over, awl a nerd tied to make it fast. I
took it up to a level above, I examined it, and found
another hag Insole the outer one. Londe the tuner hag
Chore woe a immintoalt, I putt in toy hand and found it
manhunt the body of a 0111111. I brought it up, and
gave It to Taylor the itolleeitian,
George Taylor.—l 11111 a poliosoonstablo, and had the
body delivered to me front the shaft ; it ountained the
body of the child. I put it in a box filled with water,
tiailiid it itown, and looked it up. I produce the
1111111114111111 and liege In whieli the body woe wrapped up,
the 1111014 that wait lied round the waist, a bleak frock,
Infisiutiikt, and-shift that were on the body I there wee
to 1111004 011 the feet of the {MIK I took the eluthea ult
the body on the 4111 of Deaeliiher. I 111101 produce rem.
nettle of burnt olothas—ninefore, flannel pettlututt,
elooking, a fir linnet, a frock, end Innate and eyes, I
got colon of these Intin Month Morley on the Nth of
21iignet, ond the hooko and ryes I found In all
loyal near the Qallu,tm.iuumtee cottage, where there had
been a Ara under a hedge,
tirowneaailiintel,— I -hod known the prisoner for If
iiionthe, I have mot lino drunk on ninny 110011111.11111,
lie wee pkloikrly ho work moot of the lima, getting ilk,
k week, lie we very illeorderly end violent when
00. I knew tkii
have soon him mbar, He Wee steady
. .

..iiiitteenlilofht.-1 am oupyrlfilentletil of polio., I pow
thou eloro In which lha hotly mu wroppod, I Wil
n li
ut Iwo oryo atonic weighing Milli, I potshot both
Noy* nit I to heed o eeitil f Ihow. I undid ill Cleo I Ility*,
I WAN 11,411111 01111 A jiiio MINNOW aliillllllllll4ll we.
111111111, Thou il 11 Welllllli Ali& RINI Idell rolls Wolof,
11,1111 Ilia ohowl ihol WO 11.1 round lho Holy. flu lite
illth of Atigtii I lied WWII II 'dm liko A 11111114 (PAM
Ilio Noll lif wield i wo tit; tho *sow NOVI All I lAI I Tomtit
oltuut lii. eldl t . torworde you lho wily Co 11l
olurgyouin lo h. low y , On lb. 11Ith of Angled I wool
Mol t 111 A tour lite t ollon.hotow, aw *O l W A OM whoro
o Nre lou huh molar the ludo, 41111 II( Ili. outhero I
Wool wino bootee nod eyoi Nod ployi of iiiiihor. 'Flu
1
P W 1111 -li 111elmedi lbroe owl four oel hoop , two
mot MO
wide 111 Hot point. lir from HMO IN Mit feel lolly.
111. 11l or 1 1 itilloo lhon rout lho (follow woo lo Po
lila i Hiroo fin to would to mu MI multi Icy yo n MI Ike
1111110 111001111 cc Icy Ilie head. I re pt lo I ninottlit In
!worth of Ilio pliopor. Mill 11111114 MINI ,Ma (u it lIIRII lied
1111111 111011, eel I wool lit liwolowo sot knout lite
pawner worliiity al tho &oho. 1 oolloil dot on olio
lIIIN, Allil ARK " I Weill to Niiiiii lii you outturillity cur
youityort Onueltioy," lo Ittroyd ivy polo ant op.
rill 110101 Wiertlileili eivl 1111111, 1.1161 011 I.lols, 1 1
111.1 1111 I WIIIIIII Well elle oh NlllllllllOll 111111tIrder11111
41111.1,
Tho Prlootter.—Yott ire a Ilor (in a mod efultod
olly.
Ilium --Ile mill, " I !lid It, anti 1 inuel die for IC"
Tho l'eloottle—duil iii *1 I,
WIL —I WIIII mild, " 1 d wooer hio thou Ilvo, for I
hull moor Nippy no wow." Ho cold, ''My Iwo
Hut IN al Indio
mow Anil
illottl.l ilk. glum to iny datilitto Al
Miihilnlii y Anil coy oluthoe you giro to toy
boy. I won d haul Wed yilli 11111 Iroillile or Wilily
Inc 1 woold hove !l"udo awoy wllli myself. I oofilil to
tau done tot lirftwo. H Ne 11. Netted If hie other oh dren
tad w T on it. ills WWI uld a* I Wu 1.11110 him a ong.
I found LI he. Oi.l. In Itle pooled. I ototrohod Ido hog
RI liiii lodgings, and found 4 todr of child'. boots. H.
law them on the Viii.! Auguit Moho., the toogletrotee,
and he sold, "Thep era whai I boullti for my boy." 1
'horsed thorn to /torah Harley.
Uroei.totatolood.—Whott at Oulyerlon he toads an
Attempt 1111 1111 Ilk
John Uolline—l mu a surgeon et Dulserton. I inado a
pool toorlen exemlnatlou of the body of a child on the
4th, of Deoumber. II was wrapped up an low been stated ;
hi woe del/Olllllolod end very eoddened. II had been In
the miler for atone time 1 it was orumpled up together.
The legs were bent forward, the head renting on the
ihuulder, with the arm Mid 11111 d AMMO' It. TIN tongue
was protruding between the Welt, whisk were °hocked.
Thu nose wee aattemul ; thee hair was longer before (icon
behind. There woes fracture on the right ,It. of the
skull, extending Into the cur, and moos the skull
Inwardly. Is would be canoed Icy. blow with decoy
blunt Instrument. I am of opinion It was given during
Ille, but cannot say positively, There was a bruise about
the centre of the breast bone; It extended en inch within;
the sae of the lungs mutinied bolt. pint of bloody fluid.
The lungs had boon congested. Tho abdominal einem
were healthy I there nee undigested food lo the Ink.-
tines, The appearance' on this chest were caused I y
preemie or lomething indloatlng thal death led
reoultut from suffocation, and the other aoyoaranoei

corroborated thet rise'. I had known the prisoner
before. His wife is deed..
. . • . . . . .

Cross•examined.—l think the blow on the head ieight
Lave caused death. The premature of the neck might have
flattened the nose. I have known the prisoner three
years. His conduct to his children was kind as for as I
know.

Mr. Gay, another surgeon who wss present, corrobo-
rated Mr. Collins.

—„...—.
Sarah Marley.—l live at the Gallon-cottage, on Ex-
moor. The prisoner came to lodge at my house in the
beginning of June. He worked at the mines. He had
lived with ine • year before. Soon after he came in
June he brought his child a little girl six years of age.
He arranged with me to pay me 2s. Cd. a week for her
maintenance. The last money he paid me be asked me
whether I should charge him the same, and I said,
"Yes." That wu a few days after be took away the
child. On the 24th of July he told me to clean the
child and get her ready, as lie was going to take her to
his sister's at Porlock. I did so; the child went to bed
in his room that evening. I put • clean shift ready for
her to put on the next morning, and I put all her clothes
up in a bundle in his room. He WU to have gone on
the previous Sunday, hut did not get up in time. On
Saturday the 24th of July all was ready for her; three
cotton frocks, one flannel petticoat, a fur victorine, and
two pair of yarn stockings. She had on a black frock, a
brown stuff petticoat, and her stockings and little boots.
I never saw the child alive after that Saturday night.
When I got up in the morning they were both gone.
He returned alone about three that afternoon. The
child was hot with him. I asked him how his mother
was? He said, "Jest the same: she will never be
better." A few days afterwards I asked him if there
were many more children where his child Wan? He said
"Yes, but she was not going to stay there long." He
asked me if I was going to charge the AMA for the child?
I said " Yes." He left me altogether on the 10th of
August, leaving a box and other things behind tilts. He
sold me a pair of the child's shoes. He did not tell me
where he WAS going. He said he should not inform any
one where he was going. On the 15th of Auguat, Mary
Farley showed me a piece of print arid • piece of black
yarn stocking. They were part of the clothes of the child
which were in the bundle. I identified the body of the
child when it was found. The boots produced are what
the child wore.

Cross•examined.—l did not see anything particular in
his conduct to the child. He did not appear very fond
of it. His wages were 2s. • day. He was middling,
except when in liquor. He was very often in liquor.
He would then be very civil in the house. I don't
know anything of his family. He you a cheerful man.
William Cookram.—l lodged at hlarley's. The pri-
soner worked at the top of the mine, and I underground.
The child slept in the same bed with me and the pri-
soner. On Sunday morning, the 25th of August, he
turned out of bed and asked what o'clock it was; and
he reached my watch, and I told him the time, half-past
3. He then looked out of the window, and said it was
raining. I said, " You are outgoing to take the child
away in the rain?" Ho said, "Yea, it was nothing."
He dressed himself. He then told the child to turn out,
as they must be gone. The child got up, and they went
out of the room together. I saw the prisoner again that
evening about 9 o'clock, when I went to bed. He left
on the 10th of August.
John Mills.—On the 11th of August I saw a fire had
been made in the corner of a field. I went and put my
foot on it and broke it in, and then I went on. The
next day I was there again, and I looked over the
embers and found some pieces of linen and scene hooks
and eyes. '
William Sinyth.—l live at North Moulton. I first
knew the prisoner in May, and he gave ice an order for
a pair of hoots for his little child, and in a few slays
after a little child was brought to me, and I measured
her. These are the boots I made.
John Moore.—l live at Porlock, and married the prl.
goner's sister. On the morning of the 25th of July the
prisoner came to my house between 7 And 8 o'clock. It
had been a very stonily morning, and lie was very wet.
He stayed about three-gunners of an hour, lied Ilia
breakfast, and then left. Ile did not bring anyone with
him. We had never Keen his little girl. He had not
made an arrangement to bring his child to us that slay,
but 12 months before, after his wife died, he wonted me
to take his little girl, but lie took lier to Exford instead.
His wife has been dead two years.
Crosssexaminesl.—l have been married to the prison-
er's sinter 15 yearn. I know two of the prisoner's
brothers; one I have heard died in a lunetio esylutn.
By the Judge.—There was nothing strange in the
prisoner's' manner that morning; lie partook of a hearty
breakfast.
George Taylor, reealled.—When at Dulverton in
custody I took the handcuffs off the prisoner for luiiii to
have hie breakfast. I turned round, and he took a pair
of scissors and thrust these into his throat. He wanted
to open the wound with his fingers, but I prevented his
doing so, He told me if he could see a chance he would
make Away with himself.
Mr. Rotten then addressed the jury for the prisoner. He
should have shrunk from the duty which had now been
imposed upon him, bet for the knowledge lie had that his
Lordship would supply any defects of his. The learned
eoueel first urged the absence of all motive, and then oon•
tended that the act itself would show an absence of
sanity in the prisoner. He hash hoped to be enabled to
place evidence before them of the clear insanity of the
prisoner, but, unfortunately, he had no funds to bring
op witnesses before them. The very attempt to destroy
himself Wall a proof of insanity.
The learned Judge then summed up the case to the
jury. The prisoner must not be convicted unless
the evidence was satisfactory, and the precious Mts.
rests of society densansled that if the evidence) was
entisfaotory they should not hesitate to do their duty.
There did not appear to be that anxiety not to pay the
Alllllll suns for the ohild'a maintenance which the open.
Mg of the orate had led him to expect. That was in
favour of the prisoner. But it appeared that he
intended to take the ohild away sweet earlier. That I
was there against the prisoner. The learned Jiidge read '
over the whole of the evidence. Even had there been
a delusion that some one lied injured him, that could
not be illustrated In this little child. If lie knew the
difference between right and wrong, he was responsible
for him sets.

-- ---
The jury found the prisoner Guilty. Sentence—
Death.

DEVIZES, Dsc. 22.

The commiulon for the county of Wiltm was opened
here on Tuesday afternoon. There were 10 prisoners in
the (*lender, but the offenses were not of a very oerions,
aliaroatar. In the moot important ease, that of a elm-
gyinon being &urged with improper oonduot with a bor
the hill WM thrown out.
Joseph Barnes woe indicted for that lie, being the
servant of Joseph Hill and others, did embezzle two
minis of £OB 10c, ond £29 DC 7d., their property.
Mr. Edlin prosecuted, and Mr. Cole defended.
It appeored that the prisoner was a coal and timber
dealer. Seine time in the early port of the year he got
into diffloultles, owl mode on asolguincut by deed of ell
his goodm and Anita and book debts, and it woo alleged
flint lie had received the two smile after the execution
of the deed, being moneys which hod been dehto due to
him before the execution of the deed, and it wee then
alleged that he had not ocoonnted for those sumo. After
the prisoner bad executed the deed lie had been ems
ployed by the Enlistees eta salary to conduct the butanes*
for the benefit of the trustee.,
Mr. Eillin hoving opened the ease,
Mr. Justin Myles suggested that there was e difficulty
In the way of the prosecution I lie therefore thought
the boot course would be that the legal muter should
be dieoussed before the merits of the ease were entered
upon.
Mr. Cole then 'submitted that, as in point of law the
debt. duo to the prisoner before the usignment being
Awl II) natio, could not be "Wood in law but iii
',unity. The moment be reeelved the money he wee, In
fact, receiving his own looney, and lie could not be
indicted for untheadeling it.
Mr. 1411111 submitted that oti the receipt of the money
it became the money of time Onetime wider the deal,
therefore the prieuner wee rightly Indicted fur eitibeasel•
In it,
Ylr. Cola urged, that optima ilia looney 'mold be ear,
marked he mold nut be lodieted fur mud ring It , lillll
if iter•inarkeil, 11 Well the debt reolginol, and au mould not
be mogu
el law, but only in equity,
Mr. moth, Wee MI 11, the illlllanlty wee to inalsei nut
that, I n point of law, the primmer wee a eler , pr
mount, or eallng In the 04100 of a Nemo§ w thin
the ineaulny of the stybul,, It we shear 1110 these
ilelite were not atielynable hut illef i they were Mum in
action, end bite devil in il only hind Min iii equitii,
The moment r modem the,. (name 1 y were li 4
own inoneye— ie molest what, in twilit ii aw, Wee I I
own money, low, 111 anal It be he Wilde ur
1
einlierellog i or how ion 4 lie by mid to If eleylt or
servant to the trorkeiil le midi' not, hi point uf law,
paea the tinnierly in the debt. dile ill link Wort the
lipt,,l wag a eeteliell, 1111 1101111111111111 Were aniy Tilauly
willowy , they yonlir fee In lila 1111111 ' 0 deed
etoild only pare that w Ile 1 he Wally lia 11, de mg,
1111011111 Who Eine thy i too Wei Vellteliell. Toiler yliese
elrennietaiieve the Inillutinynt mid not Ice inetalned,
The Owner wee, Ilievelore Aritnltted.

TlllllieneY, 1111 i
6111 lie pains prionnor woo Ilion Indlootl l for einheulliti A
4 ololieinsc
' lie 'only eounool wore spired cc In Ike prowling
moo,
blillin mid 1110, alloy whit hi. liiirilehlp ho 4 mid
yelloriloy, lie hell glove ilio YAM, 1110 prolool wiliohlorm
111 in, owl lio Iligrohirw bliiiiihb 11 riolil iii lii obny en,
hie frivol ignoring Ad Ike blll ekiiiild bo
ergo up,
The Jethro 'old he sunlit nub he A porlybe oily AMMO.
monk.
Mr, (14118 sehl he should obhinil hid Ilie irl.onr heil
tor the hill woo niAgiolorseil.
A rool kid ci itulliliti lieul boon wisl upon Ilie Honor
wijicli he wlehi o sap tin.
JUII6II eClil hi lils opinion 1114 prisoner WAi flit
mots 111 Ilio properly Ilion lie woo. only
qiieubiiiii woo, he lir„0 b,„, /111111111 r
11t. obalide i lie owl 1 the Moue
heil been onnvioloil he 6116111 hove 000000 ed blip point,
woulil hero onloiled memo pommy 1111611 bile Wu.
1.101111011, II Wee 4111111 Gine 11161 lii. primmer WAS
11611110 r A olerk nor NPVI6II within the merisloN of 1111 e
Ad l of Poirlioniont As in, orldeneo wu Wend the
yrlcmtr woold he owpilllal
Vorillol, nob guilty,

M11)111.1V411X M11,11410N14, No. 91.
(Brion, Mr. pAmiLry, q.c., Alliskint•Jeelge,)

WlMein Pliiiiinondo, traveller, 91, WOO lodl°t4d for
feloniously unibenaling several Num of looney rewired
by him on moonlit of Fl'llll6l Dele, his limier. If. was
fortlior charged with dealing gib, of &gam and fib, of
"
Wham, the property of the cold French; Dais. When
arraigned, he pleaded, Nut
guilty to that, or 90 other
charm," In a jaunty manner, awl the impudent effron•
tory of hie Doodad in the (look aetoniehing,
Mr, we. for the prosecution the prisoner
WOO not defended by council.
Proof woe given of the male of good" by the trlan"
and the rooeipt by him of looney for widen he cud not
aoonunted.

—i'iteTrlaoner said, he entared Into an agreetnent with
the prosentor for a partneeltip, not iii servant ; and
he had authority to sell the good. as he pleased ; so long
as he ultimately amounted for the money ; but, finding
out what position lie was in, he refused to Meows a
partner, and in oonsequenee OW charge had been pre.
tarred, the object being to ruin hint.
The learned Judge uid,
if there had been any tounda•

tion for such usertions it wan strange the prisoner bad
not asked a single question about it in eross•exatuina•
tion. .

The prisoner.—That would have been useless; but
you can believe me, can't you? (Laughter.)
The Assistant-Judge having interned up,
The jury found the prisoner Guilty.
Mr. Metcalfe asked if the Court desired the other
indittment to be tried ; the facts were precisely the
saute.

The Assiatant-Judge thought it wee not necessary.
He advised the prisoner to return to honesty after the
sentence the Court would pass had expired. •
Prisoner.—l should do it next time for a higher
figure, a little more like. I should prefer you to try the
other case ; let me have the old lot, it would be much
better, Sir; go on, try it.
The Assiatant-Judge, after reniarking upon the fl ip-
pant and audacious conduct of the prisoner, sentenced
. .
him to nine months' hard labour.

Prisoner.—What ! Only nine months ! lor, what's
that? Why, blew' my soul ! that's really nothing.
Well, I never! (This caused much laughter, and the
prisoner danced out of the dock.)