The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1872-10-01 00:00:00

THS LOST YACHT-ASSAULT ON ONS OF TEI SAVID

541111141 Baker and John Claiti were summoned foe
assaulting James Cook, on Sept. 21.
Cook said he was one of the men raved from the
yacht Pickle or Agnes, and yesterday went out, as lie
was penuaded by several gentlemen of the town. When
he was naming beak about half.paet 5 into the Harbour
and stowing his sails, Samuel Reiser called out "You
have not been nigh the apot." He took no notion for •
while; but by and by they sung out till he said he had
gone as nigh as he could get. They went on and
oboolioti bitti, and said he was not bt to 10 into the
boat They called him everything but • gentleman.
and he said "Ii is • rood job for you that I a'int as I
ought to be," when Baker told Chick to tiring the boat
aloagnde and they came after him. He said "You
had better not ootne at me, or you will get the oar."
Chick then took an oar, and struck him, he took an oar
to defend himself; bmt one of them knocked it out of
his band, and snook him. Baker then broke the oar
sorer his bead, so that he felt the effects now. Chick
took up an oar again act i struck at him; but he jumped
°seems's', or the oar would have struck him under the
ear ; but it struck his side. In the water he became
senseless, and was picked up and brought ashore.
Cross examined by Mr. Howard, who appeared for
the defence—Was in the &aunt!, where he had been
all the afternoon trying to find the Pickle, and nutting
the other boats on. Went out early in the afternoon
and remained prime bourn; but could not find her. The
Portland boatmen found her. When he came neer to
Hope Quay, Baker spoke to him first from Hope Quay,
and said he had not been near. Had known the men
for more than 10 years, and had never had • word of
difference with them. Told Baker he went out to put
other boats on the stay of finding the yacht. They
told him he ought to have known where the marks were
and he said he bad been al close as possible. Used
bad language to them, and they to him. They called
hint everything bet a gentleman. Did not espeet to be
walled a gentleman; but did not wish to be called what
they nailed him. Did not know that he oliallenged
them to fight. Baker shouted out that they were as
goad ash., and he sad he was IN good as they. They
got into • boat of the Water Wagtail, and Baker said
" Let u. go alongeide ; soon let them know what is
o'clock." Could not give any renews for their sasaultigg.
[lad a grappling iron in the boat, but did not use it
against them. They broke an oar across his head, and
knocked him senseless. Nobody was with them at the
time.

John Perks was aboard a brig, getting her out of the
harbour, when he heard men talking, saw Cook in his
boat, and Baker and Chick palling after him. They
got pretty close to him, when Oook let go one of his
paddle., and took op the other. When Baker and
C'hiek approached, he held up the ear as If to strike at
them. Cook had hie oar up when Baker struck at him,
Cook fended the blow off, and the oar flew la two or
three plows. Chick took up an oar and struck at Cook,
hitting him in the head. Cook tried to gat • piece of
iron, but could not get it clear, and he 011241 a sprit,
and struck one of the defendants with the emit. Baker
and Chick closed with Csok, who jumped overboard,
aid Sheen and Mehl) helped him out; he could not
have held on much longer.
Croer.examined : Pilot Smith threw him • line.
Cook was not senseless when in the boat, for he jampad
overboard, nor was he when he swam to the brig.
Neither of defendants were quarrelsome men. Baker
had been with him in a yacht, and he never knew any
harm of either.

Robert Sheen was running away a w..ro from the
brig, and plaked up Co,k, who watt out of hi., • oe,
and would not have held on much longer. Coln L,ot
had • terrible fit as he we. taken ashore, Lod ami as
much as witness could do to hold him.
Cross-extmtned Cook had hold of the rope with
both bands; but • drowning nue would ht4,l on, and
never let go.
Mr. Henry Robinson, 9, Puhoney Raiidinca wee
reeding about six in his room, when he h,a..1 a dis-
turbance, and went to the window, thinking that per.
baps the body of Captain Stone had 0n,.0 t on
shore. There he saw • some which he ,10 not know
he had ever seen equalled. He bet beeo in many
barbarous countries, and had never witowand such a
seine, even on the banks of the Hoochly or eloton
rivrr, sod be bad never seen anything so I... Hurons
before. In lb. Harbour was a boat with •me nvin, and
two other 0190 in another boat were attacking illus,and
evidently had the intention of beading his boat. This
so frightened the first man ant he joreped overboard,
and two boat, pulled towards him. Running to the
nide of the harbour, he saw Cook, who had beta reamed
from the water by ume on. else, foaming and in • fit,
So disgusted was be with the whole soeno that he r.-
commended Cmk to apply to Mr. Vickery, an that the
use might emu before the magistrates, for he thought
It 006 which demanded most regions interference.
Mr. Howard, (Of the defendants, said that so far as
the mush in law is coneerned. the Bench and he were
thoroughly seem that even Lifting the hand tram& •
men with the determination of striking him, was in
assault in law. No man wee justified in aeaulang
another, except in self-defence, because b. 0011ld go jo
the law for protection. There mold not be a question
that an assault had been been committed by hi. client'.
What wee the usault, and what led to it? If Cook
aggravated the defendants, that would be a mitigation
of the °Seam. Ile was personally near the place,
shortly after and @poke to two gentlemen who gave
different statomene of what had occurred, and although
both as • solicitor alai an inhabitant he could not
justify the conduct these men were guilty of, yet be
was bound to get at the bete and see why the men
committed the assault, and the Beach were bound to
consider the circumstances, if there was any mitigation.
In the first elec.', complainant wan one of those roan
whose Hue were sued from the yacht that had been
capsized, when two gentlemen were drowned. The
circurestence had cant • gloom over the town, anti
caused • oertala amount of feeling. Defendants
were yachtsmen, and they felt that when gentle-
men go out in boats with sailors, it is to the skill
of the latter that they hays to trust for safety. They
felt that when gentlemen take sailors on board thus
yachts with them they ought to feel that their lives are
safe in the sailors' hands, for they were band to act as
practical men, as to what should be done ander certain
circumstances. About this lamentable accident there
are certain views ea to what ought to hams Wee domr,
and they were ready to give certain reasons for what
took place. These two men had both spent their live.
In this town, and between them and the complainant
there had been the slightest disturbance before.
For two men much older than complainant to amault
him in the way set forth, without any came, we.
unlikely; fhe Bench knew that human beings do not
attack one another without any grounds. The defend-
ants were standing on the Quay, and the first words
addresurrto complainant were civil, and they said to
hint, " You have not been near the wreak." They
thought It was very Orange In complainant not to be
able to show where the boat was and the question wee
caked among some of the yaciatemen on the Quay,
" How is it that these men do not say where the yacht
In r At the first meeting with complainant there was
no swearing or oeneog, so bed leases.* ncidl boa the
question put no doubt" riled" the complainant, and he
gave them some saucy or impudent reply. (Cook here
uttered aloud denial, and we. ordered to be ail-ut )
Mr. Howard continued that in two minutes the language
became both laud and strong on both sides, and be
challenged them to come on board and fight. (Yams
from die Court: No, he didn't.) He oertahtly did
strike at them with the oar, and was going to no. the
Iron against them, end the remit we. that they were
going to jump Into the boat, and he jumped out. Cook
said he wait sewseleas—"l we. senseless in the water,
and some one hove me • rope ;" but in fact Fe must
have been perfectly unable, for he swam to • vessel,
and Perks says he caught hold of the line. The
two men's characters were very good, and Perk; bad
told the Bench that he knew them. The (ant was they
felt very strongly about this sad qnretinn of the
accident. True their conduct was unjustifiable; but he
asked the Bench to take all the circumstances foto eon.
adoration. The defendants only received the sum-
mons last night, and be would throw them completely
upon the merciful sonsideratthn of the Court. There
were 910191111011000161 ; but they were only taken oat,
in order that defendants might be able to give their
statement upon oath.
Mr. Howard then consulted bid clients as to whether
they would withdraw the crosseummons, and the elder
defendant we. willing to do Ito ; but Baker was very
action., to give his statement. However • witness was
called on their behalf.
Stephen Spurgeon said he saw Cook Cake up the oar
first to strike Baker, but mad not say whether he
struck him. _ .

The Bench retired to tionmilt. On their return the
Mayor uked Mr. [toward if it was understood that the
other summonses are withdrawn ?

Mr. Howard said yr ; he must act on his own
responsibility, and do the best be could for his clients.
The oomplainant recommended them to the merciful
ornrideratlon of the Court. . .

The Mayer said the Bench were unitedly of opinion
that this wadi a very bed am of ueault. They were
"t 7 sorry to see two each respectable men placed in
such • position, eat had had very serious doubt whether
they should not send them to Dorchester gaol. Bet,
conaideting the geo4 itharsoter which Mr. Howard had
elieited for them from Mr. Perk., they would eontent
theinvelve. on this 000saion with a floe.
Fined each and (mete, or in delimit 14 days.
The amount each was mulcted in wee LI 17s. 6d.
Mr. Arden shortly after informed the Bench that not-
withstanding Perks had ;peen Baker such • good
character, he (Baker) had been abusing him is court
Moos the eermination of the 0•63.
Baker made some accuse.
Mr. Arden: The Ire you say about it the better.