The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1872-08-03 00:00:00

PLEADING "GUILTY."

person .
defaces,

At the Maidstone Assizes, the cue has been beard of the
soldier who had murdered a drummer-boy.—James Tooth, a
Mamie, a man of middle age, was indicted for the murder of
one George Thomas titmice, a boy, at Chatham, on the 30th
of June last. The Admiralty, the prisoner and the deceased
being in the Marine C.rps, prosecuted.
The prisoner was a private in the 9th ciimpany of
Marines, stationed at Chatham, and the deceased W3`3
a drummer boy in the same corps. Some time ago
the prisoner had got drunk, and it appeared that
the boy, in some way or other, was instrumental in
getting him into trouble. The prisoner, accoraing
to his own account, had been far some time waitiag
for his revenge ; and on Sunday, the 30th of June,
he took it terribly. The poor boy leas sitting in the
reading-room, when the prisoner—no one else being
there—came into the room, seized the boy, and cut his
throat from ear to ear. A woman on the stairs out-
side heard a suppressed scream, and in a few seconds
the unhappy boy staggered out, bleeding copiously.
A. soldier who was peering took hold of him a-
he was about to tall, and assisted to remove him;
every eff irt was made to save him, but in vain, and
in a eliort time he died. There was no doubt that the
ilreadiul deed was the act ..f the prisoner, who, when
taxed with it, dui not deny it, and Raid shor ly
afterwards, "Some time ago I got drunk, and the young
was very near getting me into trouble. Pre been
waiting to have my revenge, and now I've got it."
The prisoner again and again declared his intention of
pleading guilty to the charge of murder. It had beam
intended to set up the defence of insaniti% He re-
sisted, however, evi ry effort to persuade him to plead
"Not guilty," and when arraigned that morning he
pleaded "Guilty."
The officer of the Court, Mr. Avory, explained the
charge to him clearly, but the prisoner adhered to his
confeseiiiia.
The learned Judge then addressed him thus :—Don't
suppose, he said, that I wish, if you fully understand
the nature if the charge and the consequenceu of the
course you take, to induce you to plead otherwise than
you desire to ilo ; but I think it right to tell 3oU dis-
tinctly that the same sentence awaits you, whether you
confess the charge or whether you are found guilty of
it. If you are satisfied not only that you did the act,
but that you are legally guilty of the crime charged,
then the curse you propose to take is not only not im-
proper, but quite the reverse. I only desire that you
ehould fully understand the nature of the charge and
the consequences of your plea. Do you fully under-
stand me?
The prisoner, after a few momenta of consileration,
said,— It's better as it is. Let it stand aa it is.
The Officer of the Curt: You adhere to your plea?
The prisoner said he did.
Mr. Stanhope (tor the defence) said be was not in a
position to show that the prisoner was not in a tit
state to plead, and he could take no part in the pro-

accontin,,,

ceediag.'
The learned Judge: I do not gee how you possibly
could, Mr. Stonhope.
The plea of " was then recorded, and
Th. 1, r,, proceeeed pees sentence
rinati.. 1, -vie,: mad the de-
positions, I think it right to say, for the sake of the
public, that you have dons yourself no wr.sz in the
cow. you have tAken, and that no jury could have
had ay doubt as to yonr wuilt. It is my duty to pare
upon put the exuteuee of tli law, atd I add no words
of my own. The learned Judge then prertedeo tr. • ...f4
sentence of death in the usual form.

THE BALLOT ACT.
rimuThe !flowing synopsis of the Ballot Act Is from The
The Act to amend the law relating to Parliamentary
and hiunicil elections ha Oust been lesued. It re.
ceiveil the Royal assent ou the 18th instant- There
are thirty-three sections in the Fi'tatute, divided into
four parts, and there are six seheilutee.
The first rart relates to the procedure its Barba-
mentary elections in nrvb n• 1 Scotland, and Ireland
In Engle', d the noroimition of candidates for a ttfilltYor -
bomugh is to be in writing, by t.ro registered
electors, a 9 proposer and seconder, and eight other
recistered elechirs assenting to the annihilation, auff At to
be delivered Amine the time appointed I ir the eleetuffi
to the rebutting officer by the candidate himself or his
proposer or ssconder. If, at the expiration of one hour
after the time appointed for the election, no wore
cauilidates stand nominated than th. re are vatialicies
to be tilled up, the returning officer shall forthwith
declare the candidates who may etand to he elected,
and return their names to the Clerk of the Crown
Chancery; iii
but if at the expiration of such hour more
candidates stand nominated than there are vacancies
to be filled up, the returning officer shall adjourn the
election, arid shall take a poll in the manner in the Act
mentioned.
A candidate may, daring the time appointed for the
election, but not afterwards, withdraw by giving a
notice to that effect, signed by-him, to the returning
officer, provided that the proposer of a candidate nomi-
nated in his absence out if the United Kimidom may
withdraw such candidate by a written notice, signed
by him, and delivered to the returning officer, to-.
getter with a written declaration of such absence of
the candidate. In case of the death of a candidate
the returning officer shall countermand notice of the
polL
In the case of a poll the votes to be taken by Ballot.
The ballot-paper to show the names of the candidates,
with a number printed on the back, and attached to
it a counterfoil with the same number printed on the
face. At the time of voting the ballot-paper ehall be
marked on both sides with an official mark and de-
livered to the voter within the polling station,
and the number rd such voter on the regi,ter
of voters shall be marked on the counterfoil, and
the voter having secretly marked his vote on the
paper, and folded it up BO as to oonal his vote, shall
i place t in a closed box in the presence of the
officer presiding at the ladling-station after having
shown to him the official mark at the back. Any ballot-
paper which has not on its back the official mark, or in
which votes are given to more Cl'sll‘ll4lllteel than the
voter is entitled to vote for, or in which anything ex-
cept the said number on the back is written Cr marked
by which the voter can be identified, shall be void and
not cvmoted. After the close of the poll the ballot-
boxes shall be sealed up, so as to prevent the intro-
duction of additional ballot-papers, and shall be taken
charge of by the returning officer, and that officer
shall, in the presence of such agents, if any, of the
candidates as may be in attendance, open the ballot-
boxes, and ascertain the result of the poll by count-
ing the votes given tp each candidate, and shall forth-
with declare to be elected the candidates or CAlldi,late to
whom the majority of votes has been given, and return
their names to the Clerk of the Crown in Chancery.
The decision of the returning' officer as to any question
arising in respect of any ballot.paper shall be final,
subject to reversal on petition questiimiug the election
or return. Where an equality of votes is found to
exist between candidates, and the addition of a vote
would entitle any such candidate to be declared elected.
the returning officer may give such additional vote, but
shall not in any other ewe be entitled to %cite at an
election fir which he is returning officer.
.

The offences in iespeet of nomination-paper',
ballot-
pis}sers. and ballot-boxes are set forth. The law is
amended as to the divisii in of counties and bor.aighs
into polling districts. The duties of returning officers
and election officers are detailed. the alterations as
to Scotland and as to Ireland are set forth.
The second part of the Statute relates to municipal
electioras, and the third part to " peraouestiou " at
Parliamentary and uniniiapal elections. It is to be
derived a felony, and tie offender is to be liable to two
years' imprisonment with hard labour. Its the fourth
part of the Act the schedules and notes are tel he deemed
part of the Act. The Acts repealed, according to the
extent specified in the schedules.
The Statute is to be cited " The Ballot Act, 1872."
and to continue in force until the 31st of December,
1880, and no lonaer, unless Parliament shall otherwise
determine. The first schedule contains rube for
Parliamentary elections, the poll, country votes, and
general provisions. Tn. second part contains rules for
municipal elections. The second schedule contains
forms to lie used, and the other schedules relate to the
various statutes affected by the new law.
There are nix offences set forth at elections. Every
is guilty of an offence who forges or fraudulently
:laces, or fraudulently destroys any nomination.
parser, or delivers to the returning ottic,r any nornins
ation-paper, knowing the same to be forged, or forges,
or counterfeits, or fraudulently defaces or fraudulently
destroys any ballotimper, or the official mark on any
ballot-paper, or without .me authority supplies any
ballot-pat er to any person, or fraudulently puts into
any ballot bifx any ballot-paper other than the ballot-
paper he is authorized by law to put in, or frau-
dulently takes out of the polling-station any ballot-
paper, or without line authority destroys, takes,
opens, or otherwise interferes with any ballot box or
packet of ballot-papers torn in use for the purposes of
the election. Any such offence is to be deemed a mis-
demeanour, and a returning officer or clerk in attend-
ance at a polling-station is to be liable for it to two
years' imprisonment, with or without bard labour, or
any other person to six months' imprisonment, with Sr
without hard labour. Any attempt to commit any of
the offences specified is to be dealt with in the way ef
punishment as the offence itself is punishable.