The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1858-04-06 00:00:00

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WESTERN DIRCITIT.
TAUNTON, [ARCH 29.
(Before Mr. Jus(ce WILIgs.)
Joseph Ashman was indictel for shooting at the Rev.
G. A. Malmo, on the 27th 1 September, with a gun
loaded with powder and bloc, with intent to do him
grievous bodily harm.
Mr. Prideaux and Mr. Baslake were counsel for the
prosecution, and Mr. Edward and Mr. Thring defended
the prisoner.
The prosecutor was curateif the parish of Leigh-on-
Mendip, and on the evening if the 27th of September,
about a quarter past 7 o'clock as he was in the pulpit of
Isis church preaching, he we suddenly shot through a
window. He was struck on he temple. Ife was thrown
back on the steps of the pdpit, he was covered with
blood, and a piece of glass was driven into his eye,
which organ was so much injired that he could not for
some tune discharge his detest duties ' • his nerves re-
ceived so severe a shook thathe had not completely re-
covered at this time. The congregation was thrown
into a state of great confusim. The prisoner had been
a farmer, but was now a kin( of cattle doctor; he lived
near the church, and his family were of some importance
in the parish. He had been s tenant of the rector of the
narish, but from some represeitations which were made
the rector by Mr. Mahon, be prisoner was turned out
of his tenancy. His reasons were the illtreatment by
the prisoner of his wife anc some other misconduct.
The prisoner was always in tie habit of carrying a gun.
After the commission of this shameful outrage Mr.
Mahon and some constables proceeded to a publichouse
atjTaddhill, between one andtwo miles from the church,
and there they found the prisoner drinking with his
brother-in-law, named Plainer. Mr. Mahon then gave
him into custody. Inquiries were set on foot, and it
was found that on that Studay morning the prisoner
had purchased a quart of blood of a butcher in the
parish, which he said was fir the purpose of doctoring
cattle, and he stated that be had mixed up some of it,
and that the remainder was in his house. Search was
made, but none was found. rho prisoner was then taken
before the inagistrate, but wee discharged. Subsequently,
however, fresh evidence wasobtained, and a boy named
Hiscock stated that he saw the prisoner go into the
churchyard on the evening in question, but, instead of
going up the church path.' he went under a wall, and
then opened the door into a drangway and went through
it. That drangway led to a house in which a brother of
the prisoner lived, and in whose house the prisoner had
a room, in which he generally kept his gun. Shortly
afterwards Hiscook saw the prisoner come out of the
drangway door into the churchyard with a gun in his
hand. Himself watched him, and saw him go to a win.
dow of the church and (point the gnu close up to the
window. He heard the gun fired, and then lie saw the
prisoner run back through the draugway door. He
then ran away, as he was frightened; and the prisoner
was seen getting over a wall into his mother's timber-
yard. Hiscock and others who saw the prisoner in the
churchyard stated that they had only recently made
their statements, because they were afraid of the influ-
ence of the prisoner and his family in the parish. A gun
was seen in the prisoner's room on the Sunday morning,
but it was not there in the evening.
Mr. Edwards addressed the jury with great earnest•
nem for the prisoner. He commented severely upon the
circumstance of Mr. Mahon going behind the prisoner's
back and getting him turned out of his farm. He next
referred to the fact of
.Hiscock and other witnesses not
having made any statement until lately, and he then
said he should call witnesses who would completely dis-
prove the evidence given by Hiscock.
Witnesses were celled who stated that Hiscock had
said to them that he was sitting in the porch of the
church nearly asleep, he heard the report of a gun, and
he believed it had been fired from the porch.
The jury retired for some time, and then said they
found the prisoner guilty, but not of an intention to do
grievous bodily harm.
The learned judge told the jury that this verdict
amounted to an acquittal, as the prisoner was indicted
for intending to do grievous bodily harm. If they
believed that, although the prisoner fired the gun he
had no intention to do grievous harm, he was entitled
to an acquital.
Verdict, Not Guilty.
Mr. Justice Willes said there was another indictment
against the prisoner for inflicting actual bodily harm,
and that he would atones proceed with that case.
The learned Council, however, having left the court
(8 o'clock), the Court was adjourned.

parish,
to th-

MARCH 30.

Ashman was put to the her, and indicted for inflicting
bodily harm on the Rev. G. A. Mahon.
Mr. Prideaus and Mr. Murch were counsel for the
prosecution, and Mr. Edwards and Mr. Thring defended
the prisoner.
The learned Judge read over the notes of the evidence
in the former case. _

Ashman was convicted of unlavrfully wounding.
Mr. Mahon most strongly recommended the prisoner
to mercy.
Mr. Justice Willes said it was a most diabolical act,
and bad it not been for the recommendation to mercy
he should have ordered the prisoner to be imprisoned
for two years, but he would now sentence him to be im-
prisoned and kept to hard labour for 12 months.

DEVIZES, APRIL 1.
(Before 3,1 r„ Justice WILLES.)
BRETON V. THE ROUTE WALES RAILWAY.

Mr. Collier, Mr. T. W. Saunders, and Mr. Philip A.
Smith were counsel for the plaintiff; and Mr. M. Smith
and.Mr..Karslake for the defendants.
. .

......
The plaintiff was a commercial traveller in the employ
of Mr. Scott, of Liverpool. When on his journey in
October last he was in a second class carriage when an
accident occurred on this railway. He had a salary of
£lOO a year, and one pound a day for his expenses. At
the time of the accident he was much injured; his
head was cut; he was insensible for some time ; he
had been attended by a surgeon ever since. Was not
able to attend to any business, and had lost his situa-
tion ; he had not now any income at all. He, therefore,
brought this action to recover compensation. The de-
fendants admitted the negligence, and the only ques-
tion was the amount of damages. The facts were all
given at the time of the accident.
The jury retired for some time and then gave a verdict
for the plaintiff—damages £2,000.
CROWN COURT.—(Before Mr. Justice CROWDRR.)
'John Darbon was indicted for a burglary in the
dwellinghouse of the Earl of Suffolk, and stealing ten oil

painting's.
Mr. Poulden and Mr. Sere appeared on the part of
the prosecution.
The prisoner pleaded Guilty. He called
General Buckley, who stated that the prisoner had
lived with him five years. He had not a fault to find
with him, and had recommended him to the War-office
when he left him. Ten years ago the prisoner had lived
with the Earl of Suffolk.
. . . .

The prisoner brd given such information as lead
to the recovery of all the pictures.
Sentence was postponed.
James Upjohn was indicted for stealing a post letter

at Salisburi:
Mr. Slade and Mr. Poulden were counsel for the
prosecution, and Mr. Cole appeared for the prisoner.
The prisoner pleaded Guilty.
Mr. Cole appealed to the Court for mercy, on account
of the temptation to which the prisoner had been sub-
ject by money letters passing through his hand.
The Judge said the sentence must be severe. Four
years' penal servitude.

TRIALS OF TRUELOVE AND TCHORZOWSIII FOR
LIBEL, AND OF BERNARD FOR CONSPIRACY.—Three
writs of oertiorsri have been received by the Clerk
of the Arraigns at the Old Bailey, removing into the
Court of Queen's Bench the trials of Truelove and of
Staniesus Toliorzowski for libel, and that for conspiracy
against Dr. Bernard, so that only the trial of Dr.
Bernard for the capital offence will take place at the
forthooming sessions at the Old Bailey.

PAESPORTI3.—FOREIGN-OFFIOI{, March, 31.—A des-
patch has been received by the Earl of Malmesbury,
Her Majesty's Secretary of State for Foreign Affairs,
from Earl Cowley, Her Majesty's Ambassador at Paris,
stating that the competent authorities will be authorised,
for the future as heretofore, to furnish to British sub-
jects residents in France passports to travel in the
interior of the French territories; and also in oases of
urgent necessity to grant passports to British subjects to
return to England.
THE New OPERA-11006E, COVENT GARDEL—The
new Opera-house, now in the act of being built, is to be
opened next May with a grand opera. It is scarcely
more than a few weeks since the labourers were at
work clearing away the ruins of the old building, and
now the new one is fast approaching completion. This
is the third time that the finest theatre in England has
been built upon the same spot—once, as its gaunt, dingy
houses testify even to the present day, the very centre of
London wealth and fashion. The theatre is announced
to open on the 15th of May next, with one of the
grandest of those great operas the moduction of which
has spread the fame of the Covent-garden management
where music is known and cultivated. The Opera.
house, as it now stands, is externally one huge structure
nearly 100 feet high by 122 feet broad, and no lees than
240 feet long, about one-fifth larger than the late
theatre, and about the same size as the celebrated La
Scala of Milan, hitherto the largest in the world. The
four outer walls of the bnilding, of course, have to carry
everything, and, in order to make them of the requisite
strength and lightness, they are constructed on the
cellular principle, which is now in different ways get-
ting so much into vogue in works of great strength.
Each of the four walls is apparently about 24 feet thick,
though it is in reality composed of two walls, the outer of
three feet and the inner two feet. with traverse walls
also two feet thick at intervals of 20 feet apart, and
running up between them from top to bottom. These,
with wrought-iron tie rods holding both inner and
outer walls together, give immense strength and light-
ness to the whole. In the new theatre there are only to
be three tier of boxes— the pit, grand, and upper tier.
The increased space thus left at the disposal of the
manager has been employed in giving to the public an
amount of accommodation they never had before. There
are 38 boxes on each tier, each of which is wider and
deeper than in the old house, and each of which is built
no less than nine feet six inches high. Above the third
tier, at the back facing the stage, is the amphitheatre,
much larger in size and infinitely more commodious I
with regard to seats than in the old house. Nowadays
the opera season scarcely lasts more than 15 weeks.
During the "unseasonable" part of the year, however, it
is not Mr. (lye's intention to leave his theatre a prey to
dust and cobwebs, and, though there will be no more
bal masques, yet dramatic entertainments at least
during the winter months will be once more restored to
Covent-garden. Partly in connexion with the Opera.
house is hereafter to be built a grand floral arcade, 80
feet wide by 80 feet high and 240 long, running along
the entire length of the building, from Bow-street to
Covent-garden. This building will be of glass and iron,
light and elegant in form, appearance and decoration, as
suits the purposes for which it will be used—a floral
appendage to Covent-garden market, and where only
flowers will be sold. On the great nights of the operatic
season this will be lighted up, and remain open as •
promenade for the audience two or three entrances
I being provided which will admit at once from the theatre
to the arcade.