The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1859-04-05 00:00:00

Ltgal.

WESTERN CIRCUIT.

TAUNTON, MARCH 2s.

The commission for holding the assizes for the county
of Somerset was opened in this town on Saturday after-
noon by Mr. Justice Crowder and Mr. Baron
Watson. Yesterday their Lordships attended Divine
service, and this morning the business of the amiss corn•
taunted, Mr. Justice Crowder presiding in the Crown
Court, and Mr. Baron Watson sitting at Nisi Prins.
The business is extreniely light, there being only 30 pri-
soneni for trial, and the cause list has but six ease*.
Mr. Justice Crowder is so unwell that he has been
compelled to leave the court, and hisseat ban been taken
by Mr. Slade.

CIVIL tium.—(lkfure Mr. Baron WATSON.)
111:101AN r. MIME.

Mr. M. Smith and Mr. Prideaux were counsel for the
plaintiff ; and Mr. Collier and Mr. Stone For the
defendant. . .

The plaintiff was a cliyiniat at Bridgwater, the defen-
dant wax a gentleman living in Berkshire, and the action
was brought to recover the of £lO for board, lodg-
ing, and instruction to the defendant's son, given by the
plaintiff. The defence was Mr. Drewe had placed his
son with • Mr. Ballard, and that it WWI by • aubsequent
arrangement young Drewe went to Mr. Human,
and any claim that be had wail against Mr. Ballard and
not against Mr. Drewe.
The plaintiff and defendant and other witnesses were
examined, and the jury ultimately found • verdict for
the defendant by the consent of Mr. Smith.

VS ALTERA r.

Mr. Kandake was for the plaintiff and Mr. Kingdon
for the defence.

This wu an action of ejectment to recover possession
of soine cottages, which resulted in a verdict for the
plaintiff.

TIDBALL r. JAMES.

This was elm an action of ejectment to recover a
piece of land under a will. A verdict wee given for the
plaintiff.
Mr. Cole was for the plaintiff, and Mr. Kandake for
the defendant.
(Before Mr. SLADit, Q.C.)
"• " " '

Henry Cave and Joshua Hicks were indicted for high•
way robbery, with violence, at Wrasafl, on the night of
the 22nd of December last.
Mr. Bailey conducted the prosecution, and Mr. Stone
defended the prisoners.
It appeared that the prosecutor, Samuel Freeman, who
was an attendant at the Longwood-house Lunatic
Asylum, in Long Ashton, near Bristol, left Longwood-
house about quarter before 6 in the evening of the 22nd
of December last to go to see his brother, who lived at
WraxaU, • village near there, and about 6 o'clock, when
be had walked a mile on the road, Cave came out from
• hedge at the side of the road, and with a large stick
struck him across the bead. It did not stun him, but
knocked his hat off. Freeman thereupon screamed
"Murder !" when immediately Hicks and another man
sprang out from the hedge, one seising him on one aide
and the other on the other. The three men then dragged
him to the side of the road, turned his pockets inside
out, and finding only sinus letters, keys, and postage'
stamps, and a penknife, cried out, "Where is it
—where is it r The prosecutor replied that he had no
money at all with him, or he would give it to them.
They then kicked him and left him. There appeared a
good deal of blood about the road. He gave information
and a description of the dress and general appearance
of the men to the police. About half-past 5 o'clock the
same night a boy saw the two prisoners together near
where the violence was half-an-hour after con 'tied.
Hu had some conversation with them, and he also sub-
so/neatly gave • description of the same men to the
police. From the description given of the prisoners
they were apprehended on the Sunday following, and
in the presence of others, the two prisoners were
selected and identified by the prosecutor. The boy also
saw and identified both, ail the men he had seen together
near the place, and about half-an-hour before, where the
robbery and violence were committed.
Mr. Stone addressed the jury on behalf of the pri-
soner', and contended that their identity on the part of
the prosecution was not distinctly proved; that be
should, he was instructed clearly prove an ; that
neither of the prisoners was at the place in question at
the tune mentioned; and that the prosecutor was, as
miler the circumstances he well might be, mistaken as
to the identity of the primates with the persons who
assaulted him. Hs called the wife of a beerhouse.

keeper where the prisoners lodged, and another woman,
who said she assisted her ; the latter stated that both
prisoneni were at home at 4 o'clock in the afternoon of
the 22nd of December. and the other said she retunied
home about half -past 6 that night, both prisoners had
then nearly finished sm.per, and appeared to are been
home seine time; they remained at house the whole even-
ing afterwards.
Mr. Dailey having replied.
The learned Judge summed up.
The jury having found the prisoners Guilty,
, His Lordship said be quito concurred in the verdict,
awl it appeared to him to he a,serious a case that he
should sentence the prisoners to eight years' penal servi-
tude.
Civil. Sim—Before Mr. Baron WATSON.)
ASUMAN r.
- -

Mr. M. Smith lthal Mr. If. T. Cole were counsel for
the plaintiff, and Mr. Kerslake for the defendant.
This was an action brought to recover damages for
breaking and entering a field near From,, and causing
injury to some cows which were driven to the jiound, but
the real question in dispute VIM the fight to a piece of
land on which the cows were grazing.
Several wituemes were called on both aides, and
ultimately the jury found a verdict fur the defendant.