The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1873-07-29 00:00:00

TILLS As PAnciazia.
SAVAGE ASSAULT ON A WARDER AT
PORTLAND.

pgweett, 37, described at ft beam &dater
front Sciotland, a °envie from the Portland Conviet
Establiahment, wan indicted for maliciously and
feloaioutly wonoding Edwin Crow (a warder at the
prison), with Wctit te do him grievous bodily harm, at
Portland, on the 4th July inst.
When charged, the prisoner said—l did not mean to
boil him. I don't mind pleading guilty to • common
smolt.

The Jedge thereon 'dried Lim to plead Dot pithy.
Mr. Ktagdon, Q C., and Mr. Mortimer prosecuted.
Mr. Kingdon, Q C., said the pro,eeutlou had been
batituted by the Government. In au establishment
like the Portland Convict Establishment, where 1500
prisoners were outfitted, curb so aasault as this upon a
er,a ti the ureate.t Importance. The prisoner
bad been reported by the afard,r for misconduct, arid
hal received some puniahment from the Governor,
Probably this hail rankled in his mind, and locked him
to col:omit the offeetie. Prisoner was oo 4th July one
of a goon of 000rteta, and wee employed dressing stone.
Hu ftue tLe prisoner furs pick abaft to the tool °hest
belonging to the rang, and when his attention wee
diverted, primate, struck him with the pick shaft, and
afterwards repeated the blow. Prom the it:duties
received the warder was suffering to this day, and it
wat impossible to say whethor he would ever fatly
recover.

Edwin Cross, warder at the Prison, add prisoner was
• convict there. On July 4 he was In charge of •
party employed to dram stone, sod prisoner was one.
it we. his duty to give the prisouer • instruments to
I dress the it die, and be gave prisoner • pick-shaft, and
sect Win to Krt • peek. Prisoner hesitated, and said
be (IA not understand that work; but afterwards said
'hl do his beat. Witnesses atterotion was attracted
by some moot:lorry, and prison. r struck bim on the
left ride of the ism, otormiuir him. Witham jumped
round, and prisoner struck him on the hilt tempts with
the psok handle. Willis.. tried to draw kis sword,
found prisooer was dose on him Toey struggled
and fell, dmistant-Warder Limey risme e, sod whome
we rinsorad. When prisoner elm removeS, be mid
he'd be banged for the Had reported prisoner
previously, and he received pusistment.
Crommetuirird : He had been employed is different
work previously; bat did not give • TIMM Whl l.
meld not work at it. Ili said 18 months prwrioss that
he had broken hie arm above the elbow. I turned
romod once to face the prisoner.
Prissier: You turned three time& I paused, and
gave hint an opportunity to draw his outlaw, and I
rersaioed on gourd; but he would not de H.
Witness re-esanuned : Our oatimies are lammed by
• button, not a 'pries, to prevent the outdoes Ming
snatched from us.

Akio ant-Warler J,fltry Limey sew the struggle
between prisoner sad Cross sod went to Cross's sestet.
•tios, and tat,deuffed pawner, who fs.i• "I only wish
I had three or for mutates, to pt the sword.
Prisoner bad nothing to Ms hand at the Liana Crete
had • severe blow on tie face, and tru bleeding very
mush.

Crots-ersminei : When I arrived Cross was on the
renal with prisoner; but Cruse erns uppermost.
Priam*, appeared to be striking bite is the struggle.
Psieoner had plenty of opportunity to kiii the
Cass if! wished.

Dr. 11. F. Asichana, obit( modloal onser at Pittard
Primo, cut 4*.b July was 'Wed to sas the cam. sad
Isuod him sadattag tram a seven Moe as Um latt
temple. Sum tomato@ al the temporal ulay Woo

divid•d, •ad the warder witflookg &Galas of blood.
Tbo pink abaft Ina owl • Imps& * would bate
latliattd mob • blow. The blew woo **,
danittrous, but might result la sorlotaateo•••qurooos.
It wao*ow bo•led over.
_

By the Ju•lge: The wound weal to lie bone, and it
would require great force to make such maenad.
Mr. O. Clifton, Governor of the Portland Prow,
said primer was brought before him on 15th July
charged with the assault on Warder Gros. From t.
4th to 15th Cram was unabl• to give video**. Ile
pointed out to pei•oner the nature of the offense, aud
cautioned him etiout making ad, &tattooed ea it might
be given in evidence on his trio/ fiestatat "I did not
injure him half as much as h• did me, Sid I'll do the
same with any man who gives me half • °Muse." His
conduct woe very vigient.
The pridoner said it was unnimesaary fir him to my
to the jury bow mac word said in Portionc prison, for
to doubt they w. re all well aware if it. Was it likely
that he, when he bad only a month to 'swam in the
prison, would attack the warder molest he had great
provoestion. The wsrder kneed hid arm bad been
on thoe• works, and carried • ballet to hid arm
so that ho could not to heavy wort. Relied toyer been
employed en that work before. Wt., did the warder
persist in putting him on it his last month lie wished
to punish him (the oouviot). The wardsr tried him st
It lairore, and found be mold not do It.
The j ddge ri.salled Crow, and elicited that the convict
had been employed • short time before on the crane.
Was that as bard es stem-dreselog I—El lite al hard.
What was his work on the crane 7—Lilting weights,
sod so on.

How keg before hod he been stone dressing ?—For
two months up till a fortalgkt before.
Did you know about his arm ?—fie told me of it
about 18 months before.

Did you consider him • weakly num —No, abler
bodied.
Pilsocor said be had only been employed about small
stones, with a little pith. His um would give out"
slur • couple of hours if be had to swing a big piok.
He was working "nobblem"
Crews said he wail put to work nobblers heaths, be
was a good band at it. He bad previously beam am-
ployrd squaring large stores.
The otovict deniod baying squared stone since be had
been ii CC.:led petty. 11, ,ad Cfolll dil not telt the
truth—he know lir vets rot psit-toyed on that work.
111- Jog. 'odd : Geutleanen of the jury, this is •
very ehort cc. •bil a wiry simple our. out It is ~"10 of
groat impoitanoe, and what you have to see is .bat
was the man'. intention whrn h. struck the blow,
b.s'use that be did strike the blow 11 admitted in your
hearing, and them is no doubt what kind et blow It
wt.. It woe •bl w width did pot Ohs man . lifs in
daver, and which out through tho skull, and intsht
very well killed him. There are tense verdict., for of
cornea you cannot find blot sot guilly,any, the of which
you may legady find, supposing you convict him. You
may fiad him guilty of the whole charge of woundleg
with intont to murder, or of wounding with intent to
do grievous bodily hartn, or merely of unlawful wound-
leg. 1 have to tell you. in order to guide you la return-
tog
your verdict—when you enquire with what intent •
mail did a thing, you must look at the 'littoral canoe-
quencess of his act, because the law says, and common
genie also says, that a man means to do the natural
cooseernenoes of his act. If you tako a pistol end shoot
• man through tho heed, the law will say you meant
to kill him. I sonnet look lute your mind; but if you
do that, the natural Pooh of which would be to kill
Man, I should boiler* your intention waa to kill him.
(To the Unser :) Give me up that pick. (The pick shalt
was produced.) Gentlemen, look at that pick shalt,
which hem.. maths of blood, and coniddor that struck
ow* against the temple, and Once over the cheek,
ommider it struck with • degree of violists whith
cut through the skull. stak yourselves whet
the motor ol consequences of that would be.
That it would wound him there mon he no doubt at all?
You have to sounder would it do him grievous bodily
harm? Wes it likely to kill him ? Would it be
thoroughly likely todo him grievousbodily harm? Would
It be thoroughly likely to kill him? You have to top-
sider what the natural oonsequeoses of !damn would be.
The Judge then read over the °Mimes, commenting
thereon. His Lordship reinsthed that the couvic:o were
not free men, and it wog not their pleas to choose what
work ttyy would do ; it was then duty to do what they
were told. The Jury could not led the prisoner guilty
of leas than unlawful wounding; but looking at the
weapon it wee for them to say whether prisoner was
gulty of intent to murder the warder or only to do him
Envious bodily harm.
The prisoner said it woe not likely that I should
attempt to kill the man, for I was entitled to my
liberty in • month's time. It was only on the impulse
of the moment I did it, and! use sorry aftionrarda for
It. lem rather hasty.
After consulting • few minute. the jury found
pr;r osier guilty of wounding with intent to murder.
The judge reealled Mr. Clifton, who said, in reply to
quipttions, prisoner woo sommittod for an aseeult with
Intent to rob, and sentoneed to five years' penal servi-
tude. His conduct in prison had been bad. He had
• committed three amanita previously to the, one of a•
• very aggravated nature on alone. 'omelet with • stone,
which bad it struck him might heed killed him. He
had been them timed reported far idleness, three time.
for insubordinate conduct and refusing to work, and
eleven times for other breech* of pried,' dioalplins and
Improper languago. When brought up before him
relative to this offthoe, be was azosesively violent, and
said he would injure any man in any way he could, ao
he treated Gross. Wither took no notice of his
luiguago.
In 'enthusing prisoner, the learned judge said he had
boon convicted of one of the most "moue crimes known
to the law. The jury had found that whoa be struck
that blow be ine tided to kill the man who wa• struck
by it. Every one who had heard the 'videos. most
fed that the jury bad returned a very right verdict. It
further appeared his *borsch* wog about es had so it
wee possible for • men's obereater to los. He was
lediated at Edinborgh, loran Althea in the usighb our-
hood of Hondo., and was convicted of as assault with
Intent to rob. He was sentenced to five years' psard
servitude. Being in prison he we. guilty of repeated
offences, and when this ease we. tieing investigatied
made use of language which showed he cherished •
violent spirit against all the ofilciala He bad at that
time fortilied bis liberty for five years and was Mau:,
bound to submit to the ocidtion in which be was Placed.
He was amongst some 1500 omelet*, tinny of whom no
doubt were se deeper** se himself. It was his (the
learned jodge4) duty to pass on h:m mob a mehenee
as would show those men that to submit to the position
In which they were pieced, and attempt by good
conduct to regain • decent, or, at any ride, a support-
able position in life was thou only policy, and that
mondani* to lawful authority, and more especially
resistance carried to Um eatent of murderous violence,
would be dealt with in the emerost meatier. Theo
"entente of the court was that he be kept in Filif•L
OUVITODI FOB nu' rill/II OF Ste NATURAL Lars.
Promoter, who undo no remark, but looks' mad
m der-
ably depre:ied, was immodiately lori down Wow:

IiANSLAUGHTIR BY A OONVICT AT
PORTLAND.

Joan Barlow, 27, labourer, from leolosetershire, •
merlin from Portland Prison' was ledloted on the
warrant of Mr. IL N. Howard, coroner for Portland,
for the manslaughter of James Bristow Baker, another
°envie!, at the same establishment, on 7th July last.,
and also from the magistrates enquiry, for feloniously
killing and slaying Bohm
When asked to plead,
Prisoner said he did not do it t 3 hurt the man.
The Judge told him he must either plead guilty OT
not guilty. If he wanted the eireemstanon to be
beard hi tied better say not guilty.
A plea of "not guilty was taken.
Mr. Kindest, Q.C.' sod Mr. Mortimer prosecuted.
' Mr. Htogdon said he was perry to say this was the
seemed one arising out of the violence of • gooviet.
The other one wee instituted by the Governor to
protect the weeders, and go this was instituted to
protect the oonvists themselves from the riolence of
their fellow-oonviets. The prisoner bad served out four
years of his seutenos of seven years and with so-
other prisoners was set to square • block of stone, lie
feared there wai seine against prisoner by the
deceased man, on account of the deceased having
attempted to escape, and the prisoner being supposed
to have given evidence which prevented the estate,.
The deceased wonted the prlseeer to fight and
streak him • violent blow on the cheek, and aimed
• second blow, but fell. Prisoner than having he.vy
nailed boots, kicked the deceased, and after • few hour.
'Loess, deemed died. When prisoner and the deceased
were struggling, the demoted tried to catch prisoner
by the foot, and prisoner drew it back, and It might be
that It was in doing that that the blow vu given.
George Barley, assistant warder said prisoner was •
eonviet, and with the deceased, Bakst, was working at
the stone on 7th July. Prisoner told him el...noted
wanted to fight him; but be did not want to fight,
and heel kicked doses...ed. Decesuei was on the ground;
but be got ne. There was blood on his fees, and marks
of • blow. Both were taken in oustody.
The heavy hobnailed boots were prodeoed.
Joseph Bretton, • convict, was elm of the party
that worked with prisoner and Baker. On 7th July the
prisoner was at one sod, and Wilkinsos at the other.
Beier said to prisoner. You don't half work, bet
prisoner replied work as moots ea you. Baker said
"Ca, you fight? ' When prisoner replied" I don't
wont to got into tronble for you." Baker street
pet...user and aimed another blow but fell, when Harlow
gave bite • kick with the toe of his boot. Toe warder
was walking up and down on his beat at the time.
By the Judge: Did not see Baker lay hold of the
prisoners leg. It was • hard kick, but not given with
ell his sigh,.
Nathaniel Wilkinson, another convict, oorroborated,
and nil Baker was working in leg irons.
Br. Barker, surgeon spoke to finding deceased suffer
log from • severs bruise imomclutely In (rout of the
right ear. He was placed under treatment, but died
the following day.
Dr. dakbam, chief medical officer, mode a pxg-
mols.i. Deaseeed died from fracture of the skull, and
ustraves•tion of blood on the brain.
Mr. Clifton, governor, said the primmer had bee. la
custody upwards of four years, and deceased about six
months. Lie (deceased) had had solitary soallairiest.
Flamer had attempted to escape, and primmer gave in-
formation •Itioh led to his detection. In einisagesse•
of that at tie time of this assealt he was wearies a
putt-coloured dross and leg irons.
Prisoner put ins written statement, giving I. 'Nowa
of the matter similar to that of the entnewese, and say-
ing that when doomed attempted to lay bald el him
on falling he " unfortnestely kitties.* lima f' but be
sated In self-del mom, and had so ittestion tinning
Tbe Judge, in gumming up, said • Tam had • right
to defend himself &genic an assault, but he must do
so In a reasonable manner under the eirerusstermes.
There was Oltraine provocation in this ease. If pn-
boner bad stepped beak an Galled the warder' he would
, have acted with period propriety; for at that tune
the sting of the proemsetioe Lad yawed. No doubt
! there were eateneatteg otroutosteuoes to the case, hot
Ike quation for them was whether he was jcasUfied in
what he did.
The jury toned Mildew guilty, but reoestaneeded him
to mercy.
The Jodie 'eked Mr. Oilf ton what was the faaa's
ebaraetesi
Yr. Clifton said: &Gemini, bad, my lord. He was
two of the worst men I have ever had In my charge,
minditet has bola Mailer at every prison he km
Issa 1.. At Milbank, Obathais, &Wee and Portiaad,
be bee had *harps of Aglaia& ulna threeksly

'assuage, reusing to labour, Wisner wilfollf dedur.or
log plssa property, merigring. erg earidrabie
afros a pri•osier sae to guilty St.
The Judge: What about the mermen% to has bail
for this offers 1 bolter It was origina,ly diaper rif
by you as sprier afros.
lir. Ctltan rotated thot be lodated a rettain number
rif marks. Slur he had been lyieg at Portland, primer
had bra putiahed upwards of 90 Mrs ; es of these
were fur dieting, tight lot using threatening language,
four for retests.; to lAbaur, sera for idleussra leer for
. wilfully destroying property, and el,.lit breaches of
discipline. The oil 4.1 rtturns showed that st
he had forfeited 1,476 marks, at Chatham 1,290 marts,
and at Bristoo, whir Ls u.ar an lovsiid prison 540
marks, leaking a t0t..1 of 5,1138 marks, thereby
forfoiting the whole of ne rundurn. The
sonistues was ealoulated at 6 marks to a day, ard
by soqii conduot a mean cold hare surd taro beck
so that he °weld have eater te• remission of
on. [sone of the tams had tho ounduot issaior good.
The Judo r. marked that prisoner had losfoltrid 973
day's embroil, 04 he understood.
In answer to the Judge, Mr. Caton rid prisoeer was
sot:aril:od for seven year. pone mirirliude, for a felony
committed to tee borouge of L Sorter. Them 4401111
dye summary *onerous rosorde 1 ow ear tien Wore
this soots', 01.

Tim j idio to prisoner: Yrur caws Is • very singular
oar% ),ocint eirsurusteown require •ansid, region each
way. (ro the warders): Let aka stead bask for th•
pro.eal. (To ths jury): I am •Iw•ye Iseharr• tu stmt.!
very great 'relight to repreventatiose of • jury, but the
mut'. character hal also to be Worn into oortadses-
Yon. . .

• jUrpolin sad they were not aware of Ina inaa's
charaoter. . . . .

The jadde Mid ol °ours' not, sad they only ought to
set on whet they heard in court. lie ventured to may
they had acted quit., correctly.
linberquently, Jules Barlow was brought up ter
MI LOU 00.
_ - . . . . . . . . .

-----
The Judge addressed the conviot at some length, and
said he must pass auoh a aestecom as would show all the
cession 4.1 Podlead that the judges of land weall
reprise sod pumas insabwdinrson. Hut, taking all
the wen ustaee• nate ata,udersties, ospeoudly that the
deceased ootatacooal tLe assault, propene: woull be
sentenced to tire pun' penal etreitudo.