The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1861-07-30 00:00:00

TUESDAY.

Tile Court was opened in the usual manner at 10
("Q'l.ordeh ip, in his chargeto the Grand Jury, raid
he WY happy to he able to congratulate them upon
the state of the calendar, as there werp.only five or
six cases to he submitted to their consideration. He
should do that more oolilidently, however, if he
knew what was the state of the business of the
Quarter Sessions which he presumed had bear held.
At the same time be might add that the calendar
presented no case of say extraordinary atrocity.
There was one case in wificia, human life was con-
oerned—• MS of manslaughter. He would only
remark that any moult by the guilty party which
caused death would constitute the crime of man-
alifthter. The absence of any malicious intent, as he
need hardly remind them. being the leading distinction
between manslaughter and murder. There was •

leave against Joni* Walker„who wee charged with
cutting and wounding .10en George Kennedy, a
_ warder at Portland prune: lin this case as he read
the depositions, no one saw the blow struck, but the
priegner seemed to have been in such a position that
'it coeld not have been Filen by any one else. The
conclusive evidence against him would be the man's
statement, which he would take the liberty of troub-
ling them with for another purpose. He said "1
have nothing to say, I sin very sorry for what I have
done. Used got so low in spirits when I thought
of the time I have got to serve—ten years penal
servitude—that I did'ut know what I was doing—l
have nothing more to say." He, the learned judge,
feared, in reading the statement of the unfortunate
they would 6nd no difficulty in finding a bilL
person,
event of a conviction, the question is what
is to be done with him? He was already under
sentence of penal servitude for ten years. It was no
pert of his duty to make remarks on public policy,
but this was the second case in the past four months,
and be cocld not help thinking it was • matter of
regret the power of transportation was entirely taken
from the judges. The learned judge proceeded to
remark at some length on the sucenority of transpor-
tation over penal servitude ass system of punishment
—teausnortetion removing the convict to our colo-
nies were his labour was valuable, and where so
mash prejudice was not entertained spinet the em•
pinyment of persons who have been convicted of
crime. The learned judge then proceeded to remark
on two cases of concealment of birth, remarking that
in mach comes transportation was also beneficial, as in
the colonize female labour was in demand, and there
were opportunities for reforming and becoming
useful members of society. The grand jury then
retired to their duties.

CROWN COURT.
(Before Mr. Jostles Br/eal
Joseph Walker. late a soldier in she 39th RsOment
Foot, and afterward. • convict at the Portland Prison,
was charged with cutting and wounding J. G. Kennedy,
warder, with intent to do hiss some grievous bodily
harm on the 12th April last. The prisoner said he
really did not know whether he was guilty or not. Mr.
/Rock was for the prosecution.
J. G. Kenuedy said: I was • warder at Portland, arid
was on duty on the 12th April, he ing charge of some
convicts—one gang of them. Prisoner was in my gang.
1 saw him standing idle and gave him an order which he
refused to obey. I then rei orted him to the principal
warder. The prisoner continued with me. I pee him
directions to take another portion of the work. As I
=,him, about two bou afterwards, I received •
n The prisoner was GIME to me; other convicts
were near. Ido not know what I was struck with. I
beard the prisoner say, "take that." I was stunned,
and taken to the infirmary. The prisoner, when asked
If he had any question to put to the witness, said "He's
a villain, that's ell I have to say about him."
George Wright: Lam a warder at Port/and. I was
over • gang of convicts at the Verne Ditch. On the
12th April I beard • dead hollow sound as of a blow.
Looking round I saw Kennedy bleeding from the head.
Prisoner was close at hand with a shovel. He walked
away with it. The chief warder came and ordered the
prisoner to give up the shovel. He threw it away and
was apprehended.
Richard Lanchert : I am the principal warder at Port-
lind Prison. On the 12th April I went round to where
Kennedy was in charge of • gene. I saw Kennedy held
up and bleeding from the forehead. Prisoner was sor
6 yards off. Kennedy said be had received a blow from
prisoner, who was then taken into custody.
Abraham Morgan, a prisoner, gave corroborative
evidence.

William Howth I am • medical officer at Portland.
I saw Kennedy at the infirmary on the afternoon of the
12th April. His head was dreadfully cut. The wound
was 3 inches long. The bones of the nose were broken.
Kennedy had difficulty in breathing, and was in danger
for several days of congestion of the brain.
William Clay, governor of the prison, said: Prisoner
was received from liiillbank last year. I saw himon the
evening of the 12th April. I asked him why he had so
committed himself. He said he had been "egged" by
the officers, and his temper got the better of him.
A. statement of the prisoner was read. It wee to the
effect that when he thought of his term of imprisonment
extending to ten years, he hardly knew what he was
doing. The jury found the prisoner guilty, and he was
sentenced to 10 years penal servitude.
Jolla Barden was charged with stealing 45th.. of
barley-meal, the property of J. A. Damen, his master,
at Winfrith, on the 17th July.—Mr. Ffooks for the
prosecution. The primmer was undefended.
Cherie. House, • lad, said :—I am 13 years old, and
am employed by Mr. Damen, who lives at Wintrith.
On the 17th instant I went into any master's garden for
shoe, and saw the prisoner taking • faggot from under
a granary on stocks He then took • full bag and threw
it under the granary. The bag produced looks like
the same. Prisoner took the faggot end covered the
bag with it. I went in and told mothir. While talk'
lug to her, the prisoner went across the plot, and
threw the bag over the hedge. I then informed the
bailiff.
Edward Cross: lam bailiff for Mr. Damen. On re-
ceiving certain information from the last witness on the
17th, I weot to the policeman. Burridge, and he came
about half part five. I went with him,and laid wait in a
hedge. We lay about an hour and • half, and the pri-
boner came, and, having flint looked round, took up •
bag from under the granary, shook it, and carried it
away. We kept sight of ham, and the policeman drew
his attention by cracking a stick. Prisoner threw the
bag into the ditch, and the polioemsin asked him where
the meal was. He said he had uone. I took the bag
of meal now produced out of the ditch. The granary
was • quarter of • mile from the stable.
P.S. Burridge: On the 17th I was called to Mr. 1
Darnell's. and laid wait with last witness. I have heard I
his evidence, which is correct. I marked the
bag while it was hidden. Prisoner said he had found
the meal as he was walkiu. across the ground.
He wanted to han I his watch to Cross, as he said
he supposed he should have three mouths' for it.
J. A. Damen said : I am a farmer at Winfrith. I
had some barley meal in my possession on the 17th
Inst., in • granary. The prisoner acted ILA carter and
horse keeper. He had 6 bushels of corn, l 4 bualiels at
this time of year), measured out to hies once a week.
The prisoner had no authority to give meal to the
horses.
The prisoner was found Guilty, and it having been
proved that in 1858 he was sentenced to 14 Idays' heed
labour for stealing some fir faggots, lie was sentenced
to one month's imprisonment with hard labour.
Henry Crabb and Charles rraht were charged with
the manslaughter of Java Cozens, at Shipton Gorge,
on the 24th klatch. Mr. Comptota was for the prose-
cution; the prisoners were undefended.
Mr. Densiloe : lam a medical practitioner at Ailing-
tom I was sent for to examine Cozens on the 20th
March, Mr. Cry had seen him before. I saw him
again on the 2:rd. He was then in • state of col-
lapse and was dying. I believe he died the next 'runn-
ing. On the 25th I made • post-mortem examination of
his body. • His death, in my opinion, was clue to
injuries he received by external violence done to him
within • few days previous to his death.
John Manuel: I am an innkeeper at Shipton. James
Cozens came to my house on the 16th March, at five or
six in the evening. The jwisoner and • man named
filtoue were there at the time. The naen were drinking
cider when deceased came in. Cozens called for two or
thieve pennyworths of gin. The three men left, and
William Cribb returned and asked Cozens it he was
going home. Cozens said, 'Go borne, Bill, I have
nothing to do with yon—you are drunk now." Crabb
said " You are • liar—l am no more drunk than you."
COBllnl then threatened to kick him. William Crahb
OlUlle in and placed his back before Cozens, and Cozens
put up his luuid and pushed him away. They laid hold
of each other and swung round, and both fell. William
Crabb then called for Charles Crabb. They were lying
sideways. Charles Crabb came in and tried to pull
Cozens away, and said "You stand back." Both
prisoners then went out, and Charles kept William out,
so that he might not come in again. I then got Comma
up. from off the door. Ile said "Oh ! John, if you
lied not been here the rogues would have killed me."
Ile did not complain of anything except his eye. He
hail had some drink.
Baruch Fox : lain clerk to the Magiagrates at Reid-
port. I went with Mr. Gendry to NA James Cozens. I
think it was two or three days before he died. Cozens
was in bed and seemed very ill. He said "Sir, lam
sinking fast, I don't think I shall ever recover. The
deposition taken by the magistrates was then put in.
The Rev, W. C. Templer said he had known William
Crabb for 7 years. He had borne au exceedingly good
charicter in every respect: Hs was a family man, but
his wife was dead. lie did not know the other prisoner.
'rho jury acquitted the prisoners.
&Gem Wadi/sore, charged with brushing into the
house of Jesse Mogg. at Lydlinch, on the Wed April,
and stealing therefrom four 4 lb loaves, • 2 lb loaf, and
• sack, was sentenced to two months' hard labour.
This concluded the trial of prisoners.
The Court then proceeded to the hearing of civil
CllkallSl