The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1874-07-28 00:00:00

eftARGIL

The Judge Raid Gentlemen of the Grand Jury, I have to
thank you for what I hear is even more than the usual
full attendance at this assizes. To me it is • source of
great pleasure and comfort when I find the gentlemen of
the county will come forward and waist nie by their
attendance. I shall not detain you long by any remarks
00 this calendar; it is a very short one, and but for two
cases, it is one of an ordinary character. But there are
two most important cases, Indictments for wilful murder.
According to the law of this country, whenever • man
kills another by the use of • dangerous weapon, he is
euilty prima facie of wilful murder. It lies upon bin' to
show, if he can, that what he has done is lees than wilful
murder, which he can to in eeveral ways. He can show
by evidence, or by the facts alleged, that what has hap-
= e wrai s a mere accident, or that the death of the
man was caused by negligence not amounting to
criminal negligence, or he can show that he was actuated
by sudden passion, caused by provocation. &reasonable pro-
vocation so as to excuse the infirmity of human nature, or
he may show that the death was caused not by malice, but
lir criminal negligence. In the first cue • soldier Jr chanted
with having shot his fellow soldier. It would appear
that, Koine days or weeks before the transaction, another
soldier had dropped his cartridge at the butte, so as to
avoid loading his gun, and the cartridge had become
buried in the beach. it was picked up, and the prisoner
Deems to have become possessed of it and kept it, until
the day on which this occurrence took place. He seems
to have used expressions which appeared to show that he
knew the cartridge 'night be used as a dangerous
cartridge. They are mere idle expressions, or he knew
that the nitrides was • daniterene one. On the dy in
question there had been some half play or half quarre ling
in the barrack room. Deceased had dined some water
need for drinking, and there had been some play between
him and the ether soldiers. The prisoner came Into the
room and found the water dirtied; but he does not seem
to have shown any kind f anger at that. The deceased,
following up the rough play he had practised before,
seems to have used some expressions to him about larking
shins ; but the prisoner seems to have shown no sign of
anger. Deceased went away from him, and thee the
prisoner went up, took a rifle, and with great deliberation
and difficulty, he loaded the rifle. The cartridge gave
him some trouble, and he blew the rust off, put the
cartridge in, and closed the ride. He then used to
Pearson an expreedon that be would show him how to
bark his shins. Prisoner wee then seen to bring the rifle
to his shoulder, and he took aim, then being about six or
seven yards off, fired, and shot the man through the head,
there and then. It seems astounding that • man could
do such a thing without any provocation, or with such
slight provocation as appears; itseezns terrible; but that
be did it seems beyond all question. He was taken into
custody, and taken to the guardroom and there he seems
to have shown a cold and callous (mime, or rather want
of feeling. At present I can see nothing whatever which
can reduce the crime below that of wilful murder, and if
these facts are proved, it seems to me it will be your
duty to find • bill against the prisoner for wilful
murder. If the man can show that his crime is less,
It will devolve upon him to show that in his defence. In
the other case several men were employed to mow • field,
awl deceased was • kind of foreman mower, and would
therefore have to lead the others in mowing the swathe.
Prisoner and the other man are said to have been the
worse for liquor. Deceased began to mow, the prisoner
was the next to him, and another man came third.
Deceased looms to have been dissatisfied with the mode in
which the prisoner was mowing, and told him to fall out,
and come into the third place, and allow the other roan to
come second. The prisoner objected, and began to sharpen
his scythe. On the deceased, who had the right to
displace him, gave prisoner • push, and the prisoner who
was in a state of intoxication, fell on his scythe, and
thereby cut his knee. Ho lay upon the ground and began
swearing and showing signs of anger and annoyance. The
deceased man took another scythe, and began to mow in
the second place, which prisoner had left. The prisoner
then, with • cowardice and brutality which is perfectly
shocking, took his own scythe, and made too heavy cuts
at this man who hall his back to him, and cut him in two
places, to the bone, rd course cutting through all the veins
and arteries. The people around tried to stanch the
wound ; hut they were no doubt ignorant people, and did
not know how to do so, so that the deceased bled to death.
The prisoner remained still swearing and expressing feel-
ings of brutal anger. There again is the use of a deadly
weapon, and death from its use. It way be said there
was some provocation, but there was hardly any. In a
cowardly manner ho took advantage of the man when his
back was turned to hint, and it 11001111 to mu that unless
the prisoner can show some excuse that will penniarie the
jury who will have to try lilnii finally—something that will
rodeos the crime below murder -I can Bee nothing but
that he has committal a wicked, cruel, and brutal mur-
der. As to the other Mr" in the calendar, Ido not think
It necessary to mention them to you.