The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1859-07-26 00:00:00

MOSDAT.

The learned judges did not attend the Cathedral
yesterday in state, as has been usual and customary.
The omon may not be contrary to law, but it is con-
trary to precedent.

C-ROWN- COCHT.—(Before Mr. Baron BitAftWiLL.)

wild?

sown

Charles Gardener was indicted for the manslaughter
of Robert Smith, on the Bth of June, at Spithead.
Mr. Collier and Mr. Poulin% were comma for the pro-
secution • Mr. Coleridge for the prisoner.
Mr. Collier, in opening the case on the part of the
prosecution, said, that probebly the jury had beard of
the loss of the Eastern lfouaxuh at *ahead on the 3rd
of June last. That vessel was an Indisman, of 1,800
tons burden, and about 280 feet in length, and as they
might suppose, she was an exceedingly due vessel. She
had bees engaged to convey invalided troops frore India
to this country. She sailed flow Bombay on the 10th
of February last, having on board 362 inailidecisoldiers,
29 women, 55 children, several cabin passengers, and
65 men, comprising the ship's crew, making altogether
524 souls. She also had • cargo of saltpetre and lin-
seed. The vessel anchored at Spithead between one
mid two on the morning of the ard of June. AB on
board had gone to bed, expecting when they awoke once
more to see the shores of Old England. However,
between two and three o'clock in the morning • terrifie
explosion was heard, the hatchways were blown up,
several of the people thrown from their beds, women
and children were screaming, men rushing to And their
wives, and all was confusion and dismay. Fire instantly
broke out, and within • quarter of an hour she was in
fthmes from stem to stern. The confusion, however,
lasted but a very short time, for, thanks to the ofdoen
and the excellent discipline of the troops, nearly the
whole of the persons on board were landed in safety.
One poor boy, Smith, was much injured • he was taken
to the hospital, but * next day he died. The occur-
rence of course excited great attention and became the
subject of inquiry. It was at first di/dealt to discover
how the accident had happened. Bray precaution had
been taken with respect- to the use of lights on board;
for, however good the ship, Are was an enemy from
which there WY no Neaps. Of mums it was sieesseary
to have some Lights on board, and there wece four
lanterns on the troop deck, bat each was poured by a
lock and key, and a sentry was posted to prevent any
one having amass to the lights. Smoking below was
strictly prohibited. If it was mammary to be careful in
other parts of the ship, of course it was mush more PO
as regarded the gunman and , for in the latter
there were 251 b. of gunpowder. There were, therefore,
orders that upon no pretence whatever was an unpro-
teMed light to be taken near to theses rooms, and the
prisoner, who was the steward, and whale duty led him
to go to the enrol=' which adjoined the magazine, had
the most strict orders on no amount to take a light to
those rooms. Upon the inquiry as to the cause of the
accident the captain could only imagine that the fire
had been caused by the spontaneona combustion of the
saltpetre; but that was impossible, because there would
be no combustion unless it was in combination with
other elements. During the voyage on one occasion the
linseed had been found heated, but it was removed
and placed in other begs; in addition to this, those
articles were at the other end of the vessel. Upon the
evidence taken at the coroner's inquest it appeared that
the prisoner had charge of the magazine and the gun-
room, and about eight o'clock on the evening of the 2nd
of June the primmer- had gone below, and had in the
gunroom lighted a Lucifer match, and had thrown it
smoking on the door, on which there was a variety of
storm, such as hampers and wine oases. There was a
hatchway over the room, having holes in it, and above
was the tremens' cabin. The theory was that something
had taken Are, and had smouldered from 8 o'clock until
2, and had thus sound the explosion. That was the
case that would be laid before them, and it would be for
the jury to sa) whether the prisoner had been guilty of
negligence, and whether that negligence had led to the
catastrophe.
The learned Judge said, upon these facts he could
hardly suppose that the jury would convict the prisoner.
Meru was an interval of six hours between the time the
prisoner was in the gunroom and the fire breaking out;
no fire had been scan, and noburniophadbeen smelt. Ha
did not like interfering with the province of thejury, but it
was • strong thing to suppose that this burning was
going on for six bolus. A jug did not guess at a man's
guilt. He did not invite the learned counsel to with-
I &aw the cam, but if he did so he did not think he would
be doing wiling.
Mr. COLIW said, he had consulted his learned friend,
and after his Lordship's observations, which completely
agreed with his own opinion, be should withdraw the
case from the jury, puticularly as there was another
Mcßee:meat spinet the prisoner for a miademeanour.
The Judge said, be should regret that • num should be
eonvicted of so serious an (dome upon such evidence as
had been offered. lie thought the learned counsel was
quite warranted in withdrawing the came.
The jury returned a verdict of Not Guilty.
The same prisoner was then indicted for that he, being
a seamen on board a British ship, unlawfully did an act
tending to the immediate losa and destruction of the
ship, by using • lighted uncovered candle in the gun-
room. . _

The same counsel worsened as in the former ease.
This indictment was erred under the 17th and
18th of Victoria, chap. 1 section 239, which enacted
that, "If any seamen on board a British ship who by
an unlawful breach of duty or neglect of duty did any
act boding to the immediate loss, destruction, or, serious
damage of such ship, lie should be considered 0117 of a
misdemeanour.
Evidence was given to show that the prisoner on the
10th of May had lighted a match, and that on the night
In question the prisoner was men to go down to the gun-
room without a IMlst, and that when there a light was
seen. It was shown that the prisoner was extremely
active in assisting to pi the troops out of the 4114), and
was almost the last man to leave it.
Mr. Coleridge aonte*led that the Crown, by with-
drawing from the other ere, bed admitted that the
destruction of the ship bad not arisen from the ant at
the primmer, and theedse. there was the contrary a( any
roof that the ant of the primmer had led to the
destruction of the noel, and there was no ceas to go to

th--;-in-;7-:

seoution

The
cokj.dgeridi:thimaadremedshoeld teithetbejarrjuryfo:rimeti they
thought the act of the priseser temikighads tended to.
the serious amps' of the Alp,
present might hove Vetneta the :mill=
ad (nine within the statute. It nes for the
urging that this charge of striking a match four months
ap was • most hard case on the prisoner, particularly
when it followed a most miserable attempt to emeekt
the prisoner of manslanghtm, thereby creating a great
prejudice against the prisoner.
- Mr. Collier, representing the Attorney-General re-
plied.
Mr. Baron Bramwell then summed up.
The jury, after some time, Acquitted the prisoner,
thinking that although he had been guilty of a breach of
duty, still that his act did not tend to the serious damage
al the ship.
Elisabeth Ware and Ann Lamb:hen were indicted for
the wilful murder of the infant child of Elkatilth Wert
14 Hawthorne Priors, on the hid of May.
Mr. Hooper was counsel for the promestio n, Mr.
William M. Cooke appeared for Ware, and Mr, Ks Milks
for Lembden.
It appeared that on the 14th of February_ last WAre•
had mime to reside with liar brother st Hundltemrsie.
she then appeared to be pregnant. On the 2nd of May
she was taken very ill, and remained in bed. film is
for hoe cousin Ann Lambden, who was in the liertiee ad
Lord Portsmouth. On the 18th el May • Wane was
found in the river Text, and upon its being opened it
was discovered to cambia Me deed body of a child very
much decomposed. There was a piece of chalk tied rowed
its neck. On the 24th of May, while they were talking
about it, Lambden said to • fellow-servant, named Mary
Hill, that she wished she had never gone to Ware's;.
that when she went down to Elizabeth about 4 o'clock
in the afternoon, she found she had a baby; ltwas
nearly dead, as Ware had pinched its neck to keep it
from 'vying. Elizabeth told her to go and get • pan of
water, end put the Iraq in, and leave it these till it was
dead, and after it was dead to wrap it in a blanket,
and look in it • box • that she (Laiubden) did as Elisabeth
told her. When Elizabeth first mme from Deireashire
she told her she was in the family-way, bat she should
get rid of IL This Lanibden stated to three other
persona. The body of the child could not be identified
but • surgeon stated that Ware had been delivered of a
child. When taken into custody, Lambdas said she was
only she had ever mine up them, and that she should
have done such a thing, for the bad never hurt a worm
before. Ware said, if she should have 10 children sb•
would never do the like again, and hoped God maid.
forgive her.
Zr. Gooks addressed the jury for the prisoner Ware.
If they put snide the statement made by Lembden there
was nothing to show that Ware had been delivered of
a child ; but if she had there was no evict's.* that the
child found was the child of the prisoner. But even
they uOt it wee they had no peed that the child
had been bmn ali .
Mr. Kerslake adre amid the jury for the other primmer
cautioning them as to believing 'videos, of confesnons
and statements.
Witnesses, among whom was the ele=litr.,tl*
,drish in which Ann Lambdas had lived in
gave her a most exaelleet character.
Mr. Baron Bramwell manned up. If the jury dill
not believe that the body found was that of the pet-
toner's child, they would at once acquit her. ft* bin *ea
part, upon the evidence, be should have the great
reluctance in lauding her guilty, because be meld net
see positive prod of the child having been kers
As regarded the other prisoner, they had • girl ci the
beet character charged with having, without any motive
or cause, taken the life of a little infant. Perhaps no
one would believe that such a case amid be brought
before • ju.. They must fird be satisfied that this was
Ware's child. At four different fluid, to four different
moms, she had made a confession It was most difficult
to understand such a thing. It was shocking, it was so
improbable. First, however, was it the child of Eliza-
both Ware?
The jury acquitted both the prisoners. •

- - -
(Before Mr. Juseice CBOYPTON and a Special Jury)
CIIOULIT V. GILLIAN, AID Sous V. GILLIAN.

Mr. C,ollier, Q.C., and Mr. Ponkien appeared for the
plaintiff, and Mr. Montagne Smith and Mr. Kerslake
represented the defendant.
These actions were for carpenters and bricklayers'
work performed by the plaintiff AS "The Mount," at
Bishopstoke.
After a lengthened investiiption thej tidy directed the
jury to find a verdict for the defendant, in oonmenesee
of the spumy of a London trader named Taylor.—Ver-
diet for defendant.

SIMONDS r. ANDRE.
(B(fore a Cosmos Jars.)
Mr. Montague Bmitk was for the plaintiff; Mr. Col-
lier for the defendant.
This 1224 2A action for false imprisonment. nui
defendant, s foreigner, admitted be was under • ma
take, and submitted to • verdict of £5O.

SALISBURY, THUMAY.
The commission for holding the swims for the county
of Wilts was opened in this city yesterday afternoon by
Mr. Justice Crompton. His Lordship imi=i
afterwards attended Divine service at the
This morning the business commenced, Me. Jesus.
Crompton presiding in the Crown Court, and Mr.
Baron Bramwell sitting at Nisi Prism There were
24 prisoners for trial, and there were seven oases In
the cease list, two of which were marked for special
juries.
Ozonic Courr.---(Refore Mr. Jassice Ctontrox.)
The grand jury hays relieved this court considerably
by throwing out • bill for murder, one for 11111012, sae
for rape, and one for perjury. l'he trickle of those
cases would certainly bare ocespied a whole day.
Two little boys, 12 years of age, were indicted for
setting fire to • cottage. It seemed that the boys bad
been at Is with wine others, and one of them, unfortu-
nately, bad had a penny given him, and, instead of
buying sweetmeats with it, be purthased • box of
Inciters, so that that day, as the boys went through
the fields, they set Are to sane little beeps of stem and
mod* as they termed its bleat. At LA, aboutl °Week
in the day, they came to the cottage of • poor women
who was out at work, and they set fire to the thatch and
ran away. The evidence brought the awe home to the
prisoners, and they were convicted.
It was understood that • boy who bad been convicted
some time since had been sent to • reformatory, and it
was noised abroad that he was well-fed and eery com-
fortable, and it was therefore imagined that the boys
had committed this act in the expectation of getting into
the reformatory.
The Judge told the prisoners if they eveeted to get
to the relonnatety and live without work they would
find themselves much mistaken. He should icentenos
them to be imprisoned for three mouths sod kept to
hard labour, and to be twice whipped.
Non rims COUST.—(BCfert Mr. Boren Itunwrgu..)

MANZI O. BLICTIL
Yr. T. W. Saunders appeared for the plaintiff, and
Mr. Coleridse for the defendant.
This mu an action for medical attendance and medi-
cine supplied, amounting to the sum of £24 fle. Vacate%
for the plaintiff—£24 9a.

Dooonn e. soma.
Mr. Collier and fir. T. W. Saunders appeared for the
plaintiff, and Mr. Butt and Yr. &Ilia for the defendant.
This was an anion fee breach of a covenant in a lease.
TIN puns' carried cm Winces st Trowbridge, and the
aim, which was uninteresting to any but the panne
concerned, resulted in a verdict for the plaintiff—
Damages, Is.

DIXIMPT V. 01111/LAND.
Mr. Serjeant Kingiake sad Mr. Barstow were conned
for the *Wig, and Mr. M. Bad* for the defendant.
MU was an action of ejectment, which vu referred
to the Cant above in the form of a special sue.

DIALZ O. ALLA.
Mr. Kerslake was counsel for the plaintiff and Mr.
M. Smith and Mr. T. W. Bounden for the defendant.
This was an action to recover a sum of RIM berth.
hire of some cows which the plaintiff had let to the
defendant, which ruched in a verdict for the plaintiff
for the amount claimed.
FNMA; July 22.
Caowit Coonr.—(Before Mr. /make Caotterow.)
There were two cams of raps for hid this morning,_
In which the prisoners were sentenced to eight years'
penal sari
John Hurl* Turner was indicted for bigamy.
Mr. Everitt conducted the prosecution.
It appeared that the prisoner, a respectable-looking
man, was married on the 21st of December, HMO, and
there are five children of the marriage. Tb• primmer
left his wife about four years ago, and OD the lab of
July, WC he married a very respectable young woman
in Wales, who appeared W-day against him with •yoneg
child in her arum
The jury found the prisoner Guilty.
The Judge said it was a very bed ease, and sentenced
the prisoner to four years' penal servitude.
Soloman Hall was indiceed for the manslaughter ei
TDIDO‘ laud, at Stratton St. Margaret's.
Mr. Saunders and Mr. Fisher were counsel for the pro.
mention • and Mr. Cole defended the prisoner.
It appeared that this was a_publicaouse row, that the
deceased and his son-in-law, Brett fought the rper
and knocked him down three times. Uponpri-
saner getting up the third time he rushed st=
struck him, and knocked him down, and the
never spoke afterwards, and died the nett day. The
prisoner had been terribly beaten and ill-used.
It was contended for the prisoner that he had only
acted in self-defense.
The Judge told the jury that the prisoner lad acted
unlawfully, as be might have got away when be got
up the last time, and need not have continued the fight.
The jury at once found the prisoner Guilty.
The Judge said no doubt the primmer bad had great
provocation and had been very much ill -used, still he
might have got away. He found that Lie bad already
been in prison 11 weeks, which was a longer time than
he should have given him. This was the consequence
a drinking at those beerhoasse. The Sentence would be
one day's imprisonment
Nisi Paws Coutrf
Mr. Bacon Bramwell has been amdewed the whole day
Wring an aetioo of Women between Ur. streetoe and •
Kr' *eters, where the real quer dion is, whether Aka
Weston or the Earl of SWUM. ary Is the Lord of the •
Manor of Lediard Mlllhesat. 'in this county. It h
singular tiling that both Part' iee claim under a ICAO
grant
The trial resulted in Mr e
pitf finding that part
of the lend belonged to the, 'tiff and pert to the
defendant.
Mr. M. Smith and Mr. 'Coleridge were comma fa the
plaintiff; and Mr. Mai.. and Sir, gargehe for the
defendant
Tee HICIBLAND Coriae.--Some idea of the
rc
of the gneiss mason may now be obtained. edtert:
sees and beard rainy reliable reports frees the best
gm"' gistrieta ', and on at least the lower inesetan
ranee, where !here was a fair stook to breed bean, we
eaa se / that tf.nes the year 1866 Were has not beta so
Wool sing • show of you'd birds. sun from
'BMW to ten birds each, sad se teanyttg have been
e°o' Jted in one nest. Every seep el the semen has been
him aural& for maxim the young breeds, sod they are
• ier sofa, beyond bean, seine -itseag Ml6* Tie&
t. eat those :pertains who usually defer Wag moors
inta they ma run • steady Ad deg over those may no
do so welhatt risk, wed= lie the nuts-
' her of birds en the g'="gse
iam sad 1857
dimmtbere hasetkehestimipsllo syMilisptozwea
tionthat
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iaim