The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1866-03-13 00:00:00

CROWN COURT, TWOS/DAT.
(Wore Mr. Just* Buss.)
NON•LAIIIT AT IRITTON WALDRON.

Omelets Thbben, 18, labourer, and Albert Tulin, 20,
labourer, were charged with horglary at the how of
Jobe Smith, dairyman, at Bottom Waldron, Doc. 3rd
Mr. rooks promminted„ and nriemmers were undefended.
le mama that the house waft looked op safely on Sunday
eight, *hen the Minatos thereof retired to bed, and
when prosecutor same down in the morning he miser d •
soinek-frock. This caused him to look about, and he
fooled that the bask bitches window had been bored
epee by a erowbar, so ay to enable a rime to get in,
and notoeions erticks ware abitraeutd, Including, •
smock•frook. several boota, a workthni, a piece of
cheese, • shltt, sod other articles. The atolrn good.
were diesovered in a rather eingular manner. Mr.
Charles Hart. farmer, living oh at three quarters of a
mile from preeminent., on Dra sth Dee., found • nem of
•uomesk.. boot.. Having heard of the robbery, he con.•
nanuitated the dieoovery to the prustemmor and to the
police. P.C. Kimber went to the rick with Mr. Hart,
and it appeared that the boob. had dromod from the
bottom of the rick. The poliemaso behaved very
adroitly. He saw • nst.bor of attiole. in the rick, hot
h. left thir_ne , and returned about Ave o'vlock the mine
evening. Within haLanlout after the two primmer@
came to the aril. Dibben went op to the rick, and
took immething front under the 0 atch. Directly after
be new ToMo in a ditch summing a amock•froak that
Dibbea wee !wading. They caesit sight of the palmy-
=sod ran sway. Ile idle-•d, het 'mild sot
aka them. Diblien, however, dropped the smack.
frock he was carrying, which was ("end to Gaeta% a
piece of ohmic.. These ormeentor identified. Pmeoners
were sobeigoently apprehended. In answer to Mina
the 0000'ebe. mid be took his boots to compare with the
tracks In the eoro-leld, and they comnp ded. He
threw Dilehen down hiatus, be refesed to be searched.
In dehisce Dibbea mid he had nothing to my. TuMo
mid be was not at the spot at all on the night the
polieemos mid he was, and be added that P.C. Limber
told him he would bars him here by fair mane or fool,
becalms he had tetsesd to give up to him a little whip
that lie found. In swamis( up, •br ledge tainted nut the
sonnectioa TaMe wen proved to have in the affair.
The jury found both guilty, sad they were sentenced to
usooths' hard labour *sob.

before It. Deceased was is a very great pram Pre-
viously be and prlsooll bad beta very pal firieede. sad
had tolled t.g.sbir for throe yaws. I was DOt the ow:
IMMO pretest dor* the qrlinal. Aaother allot
nutted Lam wee The wae la the
labia belled. Prison was • very good-teagered.
rood-natured an end bore • gond eharaster antoaptet
hie fellow tailor,. Boot, after priaotar wee lakes ate
custody the ship watt to Shorebant. A 1.., finkrurier
died prisoner remained le the slip till nett day .t 12
Pr Ironer I:motioned to do his work on beard
the ship: be only r•i•ed the biree val.
0 tilarb Levin : I wee on bred the Otittant,
Jaetraty llth. I mew the deceased sad priatoter et te
nod • flapolit arras b.twara titre', shout the work of
tk.• .hip. Ihroeswd said to Triooner, " I Imam some-

_
skins .heet nu in another alp." Deeened broke be
cap, took of hid Jasket, sought hold of prisomor t..th:
n ne, and paned him beak into his Peek. e
mai " You aro no ran." At the time they were drink-
ing tro prisoter hod not, knife. The krill'. was lying
In the bask when prisoner was pushed WM it.
Priedner poked it np. Mobbed deceased, aad all woo
over. I sewC knife found entwined. in the hold
anionp* Ms timber. It might bays &Iles Mere from
niters the struggle Seek place.
enteipeaamined : I did tot see a knife in ihe bead
of the decered. In the hunk ono man mettle! Jost
lie down to sleep. When the game, eouttueneed
. limner could not get •wey from the deemed. They
sere eery good Inn& Wises on boned the ship.
Rs-examined ?be prisoner did n I roll on me to
sa•lot. I did not me demand do anythiug man to
printer than mime him by the oomfortt r that waa nand
his Pak.

Henry Hop* Mastoid, mime, of Portland, ssid : I
mar the body of dee said. I traw not allowed to make •
pow storless rnaminatioa. The probabilities art
&eland bled to death, from a wound intomdiately
below the lower jaw booe on tha lett side. Both
arteries and roles had been severed. No doubt
Schrader died from saltaintion mussed by Um low of
blood from the wound.

ernoe-iizewtood It was so irreolor wooad, sad
prob.bly mole is a striates.
uernioed : It must have required tom to wake
the woood. _

--Ten-pe-To-tee. ticket Underwood, mid : On the 1211
prisoner ens brought to nere by tbe eapCrist. I told
primmer be was charged with murder—stabbing ass of
his mates in the neck with • keit,. He aid
had some words about dewing up the ship; be stripped
to light me, sod I stabbed his in the seek and MAMA."
On the 13th I went on board the ship. The ship Ina
inside the Breakwater. It was about a mil• and • belt
Iron. the Portland landing-plamp, and about baUra-mile
Dearif Portland thaa tbe end of the Ikeekwater. This
ship was lying in shout the some phew es ships .to.. I
Imre versed warrants on kasmesk who hare refosed to
proceed to sea, after beery weather. Such eases moue
frequently after there It raheen rough weather.
re.

driemelansined : nom warrants are liana by the
msrietrste of this county.
Mr. !looks hem cited the title of the Aot of' Parlia-
ment for courtreatiny the Poetised Breakwater, l 0 h
Viet. a. 24, to show that the breakwater via part 1 tho
society of Dot wit.
His Lordship said he did sot think that showed li, at
Its title war no. pert el the Asit.
Yr. nook. referred to timbal' matins, whleh Oyes to
Dorset magistrates authority to do certain things seder
the Asa

Tbo Jodi. sairl be would 000siAer thu questioe.
Wj)lj.m G. &Tor, eborlr• oar!' for IS years, Paid
be hod arrostrd zoom thou • 44-12 m00n... ma ships la
Porilao4 Rood.; ass sot eon Mao • ivrelomostii ago.
Mr. Folkard : You llama Dover arre•tod • foroiguor
iht•• h'" 7'l!

Mr: fley;.;: Never.
Mr. roots: I me see Jos weeld sot hesitate to do
so if mbad a warrant?
jedso interposed, sad aid the question mild
ao6 be Last

ie via am rvoalleri, sod said lite @hip was is
the same spol whew prienner was arresled as whew the
deed was done, sod that 'be sachet. were Irma

TM" ormaludied the earn for the prose-nta-on.-
Mr. ToMani oid be nthnlitted that the offence did
not pacer within the j srinlietioe of the county of
Delon, or of Her Majesty's realm, and that the ship
being a foreign newl, anti the dimmed and the prisoner
foreigners, his lordat•ip had no jariedistioa. He mot d
from Arehinid's " needing and evidrao"," to the effect
that a foreigner who kills anther foreigner abroad, co
Ind out of the Queen'. dominion', or on His high
se O nee amenable to the laws of Ingland. U.....
ted that the plaae where this deed took plan -so
not in the Queen's dominions. Th. law as laid dein bi
previous....., had been that the lime mart he within
the minty, i.e.„ so fan as there is land era ban odes el
the harbour whose tbe ship in Ilae cease had generally
referred be rivers where there wo a @trent fanning far
inland, and set aa in this Mr. for Portland Beads wee.
men bay m It wen, and the Breakwater which had
been at Malay sesstreeted, was a mere maribmk, and
Horan*, he mid, the pleas where thinned
was not fairly triads the sooty of Done*, sesosthag to
the nosing af the statute and ennieroe law. Tile ma
nearot approeeilag the promeel me, awl it here almely
noon it, was that knew as "She Paean\ loads are."
It menrred le the Mein Channel, sod the raw was
laid in Olareempatelake. The namel was se Annan
one, and lay elan to the island. It.'.. mond km WWII.
meta of that planetoid rant be the meaty of Ctreg
Or Cardigan, and snob the laud ea loth sideere:
Majesty's deeranins. He dieringnishol themes*. net
from that by nylon Pertiaad Roads was simply as epee
'nay, and it men no ildliereem whether the ship was
lying just vitt& Peetisad Roads, en as imnlonft Hot
wore drawn non It. Anode Heed to Portland BM.

-
Jeag. : Row would It bu.o INx.d If 414.4 bon
thno mil*. frogs si.oret

- - - -
Mr. TeMsrd replied that would depend whether or
Dot it vas Ws. between' bisb ewe les water mark.

The Judge :Ii his,. eay dfferre°. w &eweoes a
sappning it is within WO empty of Monet, eel.
foreign mesh.
Mr. r ,ls,lls.oeeit nowt be apes had; eel I
tbi. foreign ship was as British land, thee, of tenor,
it would he upon Brit;sh territory.
The Jodgi asked if its bolos • foreign ship made sby
difference?

Mr. Folkard said that ha °odd sot aodertako to giro
an *newer at that motaeat.

Th. Jodie said Ow o&y reetioa was whether or mei
Ma ship was at • Sam withal*. moiety of Doom&
Mr. Polkaed mid men if it should now be mid that
the mend bank was reclaimed sad made a breakwater,
I. paeminly erl.ln.fly maw all omen sea • and he bald it
was the mine as if no betak water had ha..e ram trested.
The Jades remarkei that all thia arts a matter id
and ) e had tireag evidence against theta, taken by
Mr. Folkard se at preesat advised. He lid aot waist to
pat the parties to the expanse of am impart Wert the
Indies, lid he want to being Wore 4* L:difs• •
pole t whit& ma- frivolous, bat this be would do would
moan,. An if then be wrolting &Moult is the mist,
Mr. Folioed sitiowld bat. • nee for the Omit of
Criminal AppsaL In the meantime be would enmesh
his humid Istothos Olmsesli sod other sstborities, so
that he (Ms. rsilhood) ol.ghl to tiks 004111 ef
Criminal Appeal So arise • booster ease.

Mr. Folkikid Mani you, my lord, Ido not wish to
do that.

Tb• Joky : Tna Uwe said all yea ma lay, the only
quettioe for tit.. jury is le ecrosider the comae as if It had
bappeeed sham

Mr. Polkaed them eddromod the jury en behaU of
risottos., he • snort ellestire "snob. He spas o/ the
sytersathy whisk week naturally be felt for the friends
of the deseased mea, and observed that commiegration
you'd not fail Iss be awakened fee the en-
e primmer at the bar, who had anekientally
dais a man, who was his bosom Mood for
three years. Set, U the primmer really bared the
goomusesere of the dereamsre Immo, sad sager, mid
rage, then t• at eel was konniside in self-defeuee—mash
bontieide woold net render his memealsie to the
laws of this ementry. He reviewed the ',videos., and
contended that it showed tbe life of the primmer
Was endungereel, for the prisoner was a very powerful
son, sad le • greet enemies. The prieener bon •
reenerkahly rood character on hoe d ship. He was
mated by all to be a good-natured human* man.
He (the teemed counseft deeply regretted the
abeines of the captain of the ship, heesese,
as he was instructed he would bare given
him • very 'sestina giteracher ; bet the vessel
bad gone far away sow. He rem...bed that it wee
goneleeirely shown that prisoner bad not Let a knife
when the alteroaticm eorem eel enoed het it the beet
where prirmar was tangibly pet by the Poems', sea
the. might here bees a violent stregeft hetemeltitem
to get it. If that were go. the deed would be a mot of
Involuntary tiling, or • killing in niffseefeeses, whiolk
must not to regamied in the mine les, as a eme Is wide
on, Herod !soother intentionally. Odom roossited
le the purpose of the human will : woo mg itself did eel
monetitute the plat, Belem the Med Meet
Wee ft the aro at a hyalite united to kills be oos
The primer desired through hi.. to 011111•11 MO NMI
hie deep sorrow end regret a this unfortersehe embeetity ;
boa he &aka aka he had esp lalsoilon of isrlanbag
the Aegeneed . • pi tho emetrery, that Ise gerlaiely gnu Is
bodily fear for his own life at the time of the omen
rises. He wu • foreigeer far away from his odd»
laud, and the home of his birth. At the aerosol
aoliMtation of the unfortunate man's mother,
the owe had been taken up by the 0. roma
Legal Protectioo flagiety, end he wee inetrumel by
the London • dintor of that soriety to make this de-
fense. He preyed them I. admen to a oonelesien
on the subject —to admit natl.'s/ bet what wee proved
by the them st possible evidstec•—te gift well every sir-
munstanos, and to somdder bow far each was enerobonsted
Woes they &end the primmer gals; of • Maw wbkob Ii
might be, after all„ was no grime at an. Ile was grits
sere that though a forelpesr be would receive justice at
their Linde • and the p,leoesr had the mute coefidenes
in the so imist Vet whet he Welt be7e
dose, hiring Pied by • Jury of mar Eagliskinee and half
foreiguera. He wag saftelled that they would administer
to him that jetties sad that mercy which they al ways
administer to • 010.12 0/ their 0111 00tnir, 004 let
tbolll depend upon it, Julien was Deese sere fairly or
administered than when tempered with
100/o.6tidrardtbei should easeedier there was some small
degree of guilt &Haskins to the prisoner, he trusted that
they eoeM at least temper their reedist voile abet
mem which be was sere they ovoid feel pleasure in
*sprees* suels am enfortenate ere as this one.
The learned Judge thee mimed up the ..ea. 24.
lonian to the piglet el law rafted by Mt. Folkard, he
said he bad a strong opinion waited the view takes by
that Wanted erseneal ès, bet ellit HAAS periseedi the
jury bad nothing to ha They lead to soaddar it as it
it had mitgerred is the eguegy el Hemet He
abowrod that the damp* as be the eat Wog
eoonoi.1•11 la solfollid000• was the sing al •
4WD, wow.. To reader the primmer sal ray of
the eleargr, the tall. mug have been wort in WC
deletes.% and is olekes we ewe illsp fies•
swerwerf sell-deregire. He nary seal=
wb ther tie jury wawa sessider it MIS MO ow, *so
ebeslwhly •••••••ry for IoW-le looms OW priossor absold
at ti• eissand ma% throat It llowitiv, Otoy Amid
Mkt the pawner guilty; Warble at all as to* of the
away and the promenades be nentived, it would be in
their peevish, to gosemploy Asir sterdist obi may
remmunmedatiee they might Hank *pease rosoloot
After • few Inieetoll laigabliebe the $llll NOM*
a 'golliwog 4.llllrelotolookill fonsaffedo Often
Is mow.

240 Jay WI UM lot propels iloodee emeisisi
woo ; ediebt Ise Mil the plod ej lOW would one the
pWatik. NitaßililWl.ielseng tgl gamut.