The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1870-02-01 00:00:00

London. as he May had Ilk fld.—The Mayor etronglv
the amts. for Mamboing the boy with in hale mouey
In so dieladd It port. —Fourteen days' hard labour.
COVET POTTY HESSIONS, Friday. Before B. U.
BWllnekkEnl.,L N.Eliot, FAl,2"nd Halm Swatheld.
June °Small Aerie and Alarm, of Hyde, in the
hi. f Wight, owner. cii the For cutter, were summond for
diePlaient • pilots lag from their weed, not having a pilot on board.
Mr. itanditanda, solicitor to the Trinity Rouse, with Mr. C.
Andrews, et Weymouth, appeared fur the pnivieution, and lir.
John Timed for the delendanta
The premed°, was Mr. Thomm may, of Portland.
On the apidicaUon of Mr. Tlsard, all the • Uncut were °Menial out of court.
Mr. Sandliands stated the nature of the rase. It was con-
etituted under the 340th section of the 17th Art4l.lBlll Victoria,and the defendanta were liable tot penalty not ernitoding .. „ James Henry Ilan, principal Clerk In the pilotage department
of 'horridly lioueehad the custody of the reviser/ of k.loe• Ile iridium, the reirbiler anil rvad the nani, of the
eymouth awned Prom al Alban'. Heal to 1,31110 i from
i•Yeieto At. Allods'a Head, from Weymouth harbour to sea,
from sea into Weymouth harboor.
Mr. Clot enquired hoer far wet to sea?
Hr )1." ',idled there we. no definite distance anywhere
nets vi,Close places and the enad of Frame. There art'
1,4 1.. in the district, and two excluding Weymouth =iris iiir, and taking in Lyme. Thar. are two other
men licein.ed loon the Into of Wight to the Start, and File id Wight man licensed for her Majeap.• ne a. I%month
sixioni in all. The =ales of it,, eleven men were William
Smith, F.dwanl Tlmed, John Peet.. Edaarl we, ,v Th"lhm •W.hYi Fsf weld Cbaddock. Frederick W. smith, W. (leant,
memund S. Honiara, Henry Attaisillf and Geom.
Emma. The two Lizzeo were George Pubdordi and William
Hallete ; the two to the Start were Oeorge Orsenhain,
Johh wade, and James (look !hanged to Ply Mouth.
Mr' I.l"rd 'thattled Had there was no Deena& pilot on
board the Fox on Ind fleeem
her.
Mr. Coombe: Thee you may send all Tow pilots home--
(laojghter.)
Tilarel OM admitted that a man eras put on board the
steam car vette Plyrsooth from the Pox,
TlR•htd While= that it is lin= to have the number of
the ye" ik'shleds On the trysail and haw, that the Fox'. old
inunber Ina 4 Clues she wee not now licensed.
Hr. Hart,
'
by We.
ibuthllizard : The Isle of Wight district extend.
to the Owen
I, and Shoreham district was next, from
the west end o the Owens to Lelwea Bill There were 15 phi •
on the next Viatrial, and ina
pilots of one district often come
into the nest district.
1/'oel• WV, pilot of the Weymouth dburiet, and captain
and part Owner of the Turk. On Dee, :1. ha sae cruising in the
Channel about three miles S&E, of the Shambles lightship,
about neon, and had a pilot flag flying. Hs sera steam man.
of-trar cennlng up dletant about five r six miles. He
°uSnide the lightship at the time. After about
five or al: minutes he saw the Jack flying at the fore.
OMNI head for • pilot. He kept towarle the man iif.ivar,
and a few =inutile afterwards, he saw a cutter coming out from
Forthend towanls the man-of-war. When they mit close they
mw the pilot Sae dying, and the number in the trysail, NI, 4
with "C." for Cowen She had a pilot flag, white over rod
"One_ NUld ebe. This was within the Nadia of the Weymouth
mane& lie had Ine orn the Fos for ti years. Knew the
Meter was the lan bombe he had been with her two dais
Prwreottely In Portland Roads. As soon as the ateamer ea.
the Fox elm Mimed bee course ire or Ur points and steered
towinew etiw Fos. The) new the Von lower a emoill boat, and
•ma went on boa d the steamer. Ile did nut know who was
tell board the Fox. The steamer hauled down the Jack and
'teamed up Chaanel with the Fox. The Fox, hexing picked up
her boat, hauled down her pilot flag, lowered her trysail, set
her nudosalt, and mint to the eadward. Ile was about four
miles elf when b..* the pilot flag, and afterveards was about
a mile and three-quartera, or two miles when ehe lowered her
bock 111. wee a beautifully ,clear day, and they could me the
lute pilot tacilifar aa ale sutra The Fox had two pilot flags'
one smaller this one, which the had up two days before
They could see the Riff at di Mild hut could not make out
the colours till they got nearer. Within tour or tee miles if
it was • clear day they could make out the colon= He did
not make a statement that day; but a few day. afterward, he
mentioned It to Stephen Comben. Had been a *lot over 10
years. Would Immo be noticed the figura 4 and the letter C
and nothing else. The Isle of Wight district, be believed, had
the Initials LW. Had not men the Emma lately. The Fox
was painted black on her bows. HD vessel was also painted
black with No. 7 on his bow. In lOduch figuree. AU pilot vowels
are bound to have such numbers on their bows, but he did not
sae Lay on the Fox's bowa He could not distinguish the figures
at 6 miles or at tall.. Did not think he should have been
able to distinguish them tha. day. He had no telescope and
could not gat one. liamotierar could take any =lot. licensed
or unlit:need. " !lovelier*" are a clam of men that make it
their hosier,. to Dud pilots and passengers. The Germs pilot
told him the Fox we. a "hotelier.' He was dbeplaying a white
and red tag, which be produced, 411 by Sit. His crew were
Richard ii ay, John Way, and Thomas Way, who were all on
heard. These went his brother, his eon, and a nephew.
Mr. Tigard : A happy family, then.
Menem : I dont know about It. Ile first woke about it to
Dryer Combat.
Mr. Thud: Fat Dryer Comben
Witham: Yea.
Had no conversation with the Cowes pilot about It, nor with
the Customs authorities of the Isle of Wight Had had el".
enmenunicatum willi a person named Isar. His licence onl)
extend from St. lilban's Head to Lyme. If the flag was blow"
out with a good smart breeze, he could see It Dither. Son..
Captains iroold take it for a pilot nag if it were hoistol
down. If he taw a flag red on each aide the white, that would no`
have heen a pilot flag it would he two reds and • white—
(laughter.) Never sew a Shoreham pilot In Portland Hoods,
but it MY not unnival for one from another district to rime
here. The wind dropped a little after two, and It was a fresh
breeze In the evening.
By Mr. Sandilands : He made a representation to the Trinity
House. In strong breezes, the flag would blow ion ill four or
flee minutes and It would be wooer in rainy weather. If a
narrow line had been drawn through the "4 C" he could not
have distinguished it. iilo nephew had bad c 3 might, and lied
been obliged to go in the Eye luesiary.
Fly Mr. Coombs : The Fox was about 4 miles from the
Plymouth when her tour= was altered. Ho could distinguith
, between the red and the white, on such a day we this, &bold
four miles without a glaas ; hut could not dietinguish the
number on the hull at that distanos, because it was lower
down.

--J.-in Way, une of the Turk'n erew..kl he knew the Fox by
the number on her .11., and as a punk muse, seven
Ile went on to corroborate the t.dnier wane. A. to what
happened on December :Ird. They wept about a mile-and-a.
Milf from the when 'the wan flying a pilot rag, white
ups anis. horixontal,—he meant erioniMoe (latc.ititte.)
By Mr. Thant : Ifs did not notice what wan on the FOICP
bone. Fhe roX put a man int board the AnuMean emend, and
the Fox lowered her tr)nall, nut her maimed, and went to the
eastward. Th. y had ni pirtlentar convereation about thin
matter, and when they went I. idve their es bletwe &fore Mt
%mires", they were not altogether, but went in one by one.
If there ha-I been a stroke Lett. the " 4 11;" he thought be
..hoidd knee men it.
Mr. Samlllandn plated that the Fox had been originally a
. . . . .

pilot boat, but her thence had been withdrawn. On the Id
of December. when the American war st,arner Plllll.llUtll was
coming up Channel. the • Hag fore idiot, where:twin
the Fox same out of Portland Itombi, answered the signal by
hoisting& pilot flag, and afterwanis put a man on bard the
.teetener. He then argued from the words of the Act that the
flag exhibited need not be • pilot flag exactly, but a "flag of
the al mi rc mentioned ile-cr {Mi. " I kmeript ion included more
than identity • it included identity, similarity, rewemblance,
counterfeit, claret, or characteristic •. such rettemblance or
cliaracterimtic. in fact, that woukl becalculated to mislead a
person weirs( It, and Induce them to think It was actually •
pilot flag. The revel:o4mm, need nut be as close that lithe
two nags were put together it winild be diMcult to distinguish
between them. He believed It would he net up that the flag
was not • pilot flag, became it had a narrow strip of red above
the white ; hitt this did not on alter It as t• take It out id the
ilemmit thin pilot hags. He referred to • dictum of Lord
cranwerth's, with respect to trade marks, illustrating this
view. The defendant% cutter had not a licensed pilot on
board, and he urged that curb practices as theme would tend to
do away with licensed pilots altogether, and endanger the
eafety of shine. In this came the Plymouth was run ashore.
Mr. Tigard objected to that statement, unless Mr. flandliande
was prepared to prove It hi evidence, and ultimately Mr.
Ftandilands did not press the emertion. Ho went on to may
that one of the elements of the case as to deciding on the
penalty was the gains made by the practice, end he urged that
the Fox was far from being unskilled In this illicit practice,
and made considerable profits. Ho, therefore, pressed for
"

such • eubstential penalty as would tend to check such pm>
tient in future.
William Smith. Weymouth pilot. said he was on the look-
out on the day in question, and PAW the For eilne out of Port-
land Roads, reach towards Nucleases, about half-a-mile .t him,
and afterwards went shout, ellen able hoisted her pilot nag,
white and red, at her mast heed, lie saw it till she had
weathered the breakwater end.
Croes-examined : Pilot ftsge were of different lees, he had
one it feet lung, one eight ifeet bog, one eix feet long The
day was cleat enough te •ee the fihamhiee lightship. lie had
had his vessel freeh Feinted, and had not always hie number
on his bows. He did not know that be wise bound to have
his number always painted on if no one obpietet.
Did not notice if there was any mark acres the 4C, What
used to be called • Cowes pilot Is now an hie of White pilot.
A flag red upward., then white, then red, would not he a pilot
flag; red above white would be • harbourmaster's flag. He
could me a pilot colour three mum on such • day as December
Erd, but should not distinguish • mark on the trymill or bow
under two mike If a man-of-war had a flagflying for a pilot
+he ought to take • licensed one, but it Ina no use for a
licemM pilot to force himself on board if they chose to take
an unlicensed one.. . _

—lte;Xertained7r-We did Dot moony nark emcee the it C., Dor
red ten,l &bows the white. Should think the Fox's colour
wasxixt lee!
• •

-itls;arl itray ei;fil he mt. • mariner, or 101111101. or half • one
If they chaos to call him one—mcond harAl on board LING
Turk.

Crtneexainined.—The Fox's flag was a dirty see and they
could not distluish the colours under two miles.
Mr. Timed, In his speech for the defence mid that although
• great parade had been nude by the authorities of the Trinity
Douse, the question resolved itself into. very simple one "Did
the Fox on December 3, displays pilot flag or one corresponding
to it r n 0... not come there to deny that she had • Ilsg
that she put • man on board the Plymouth, but bedenled that
that the pneecution had made out that the Fox displayed a
pilot flag. The Fox was originally a Ikensod pilot boat, sod
bail her licence taken away because the Unity House had been
mincing the number of pilots, and the pilot fiag was sold when
bar licence WIN taken away. The crew were now corning
livellbnud by" bovxMnit,"iloing such valuable .ervieev to vessels
as landing pilots and malls, lee, and rather than be blamed as
. . . .

like!) to commit illicit Insoles. the 'llovellers" ought t Is,
for rivking their lives in heaNy wtatthee. Ile would
prove not only that there ear no pilot flag. on lawrd the Fox,
hut that it did not look like one, the flag should be produced in
Court, and the !tench would 404 4h44 no vea-fasing ntanvvrho
mw it omit' In iiii•daken. It wu • ling about fl‘e feet long, red
at the top. white in the centre, and red below. The nuniberon
li.- trs rail." 4 C." which had formerly !wen the mark of the
Vox a.. a l'owee pilot boat, had been tainted ad-re.. with& Mack
mark, tad encore who wudied could nee If the Fox was a pilot
boat or not lie tailed

JUDOS Austen, •ho laid he was the midair) of the Fox.
The cutter wax filled no " hoveller. On the 3rd of
Peeember he iled out of the Portland Howie, the wind being
11!.i. E., under trpiall, forevil. and mall jib. The number
wax eneeed out from her tryuill by black nand. lie received
ordero from the elleetor at cowe• to deface the number 4 on
her trysaiL They had a Braman 11•4(—red anti white +tripes,
and • small red and white !bet. They were the only Nails on
board The Vox originally had a pilot flag, but it wax wild a

, -
tweltemonth ago to the rieprey ..utter. The flags predireed
were the Bremen flag—red and white chi:sinned. and tbe other
ia nr4l on the t.ip and bottom with • white. centre. Ile sighted
• eeeeelft Portland which proved to INV the I'lymouth,
American ..tcatis ....rvette. Prom the time they were off I•ort.
land they hi.i.ded the flag with the flat leader minegm.wt.
er hauled I ken the flag till they wire IT
By Mr. 2.41.1i111.1. : Any one could tell that it waa not •
idiot flag that sae hoisted, lie could didingulah the eoirittr. I.f
tlic fla. ioneloce I a mile A. The number and the letter on
.•. .

the trysail a alantt three fect in length, the mark th,
figure hal her a. about three 'helm.. T.. the 1,e4 14 hi.
knowledhre the Bag had hot Inom laukk4 *ilia the thin strip
refl. luntil..
"••• • . .

- - •
Edward Midland maid be Sim a Kaman on Iniani the Tot
tine Ni,,rioter lag awl ("hutted thei ...notion a.
••h„edhsei,..• tni the :tryl of fh.remlcer they left the Portland
Itoelv. and after a dirt time the., 11,4.411 the flag pr torl
lk or. twite totmilitt: the flag ai,o hood., red upperm.„,,,
The gag 1.4a4 'lcing at the ItittAltetttl about flve boUr.. +Uri
its, the only flag hi.i.ttd during the day. SOHN: the Fox hall
!KAM filled up they had never had a pilot flag on board.
Il Mr. got the tlaz at Ityile. /le Cl. uhl
not tell who littatirotl the email nil stripe On the flg,h
Arne,n ateam corvette nine tower& thetn, or
km.'e idle sae flying a flag for • f•ilot. He nttlit-ott
a pilot host about five tulles from the AntrneuL lie
could net tlitttintrUittit the cohnin, of the flag a Idilettil.
„e na Portland about nine 1..t.1,14.A. The, hauled kiwil the
Saar after the man Ipd ii lawril the Ameritauu. e could not how long it w. afterwanla. Ile ahoidd not like h, teh I
lie he tea
. . _

--11-1- the Bench whesithey lett the Portland Itoad.,th,4 1„,1 „„
lag king
thw,ry .wid he war one 0 the crew .1 the po, anti
Wrist h‘r.ted the 11 )mouth, Anaeriaut wane on the
ltril lam-ember ult. They net /Ail fretn Pontine, about Moe
o'clock. A nor they left the Itreakeater th,
prod Wed. The, hail to, markt ii the Ix or of the Foe. It
about an hour altar they left the 'freak% ater when they helm,
a red white and red lag. Thin hoi.ted the Oast when
Mehl.' the Atueriran. The flag eat,, the vire
111.. w a hot, it .rla twitted. triih the broAd 1111
received the eertilleate from a 1„„ni
si,died Captain Crook head. It ran ex : •
in to ,ertlfy (het the hearer him brought
l'orrette. Plymouth, here perfectly
alias. mooed port.
Mr. nyntenda, clerk. to QC /war

.ttcy
.0.4. Ile
.ne Pl)tilniath
. .

Relthead. fllt
.he I nit.' States
malediction to the

a* *aid It ought not tu havo