The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1859-08-02 00:00:00

B orottsbirr.

WESTERN ClRCurr.
DORSET SUMMER ASSIZES.

On 'Tuesday loontiag the business of the Anima for
th„ county was commented at 10 o'clock at the iihire-
la, Mi. Baron Bramwell presiding, in the Crown
(.00rs sed Mr. Justice Crompton sitting at Nisi Prins.
Th. calendar contained the names of 16 prisoners, and
sod there was one civil canoe for trial. After the usual
foinicliiim the 621110 wing gentlemen were sworn of the
Grand Jury :

CHAIM'S POICHZI, Esq., Foreman.
Herten Williams, Esq. Robert Hassell Owen Swat-
John Floyer, Egg. geld, Esq.
William Parry Okedon, Henry Charles Gooddee,
fivAisl:r". sahaniel George Cartwright, Esq.
Joseph Oundry, Esq.
Henry Fnimpbon, FA9. Charke Joseph Parke, Req.
curies Wriottesley Digby, John Tatehell Esq.
Emu. John Frederick Falweeeer,
caseals Charles Augustus gag.
'Jamming. Thomas Banishes Raphael,
W Wiese Charles Lambert, E.g.
Esq. John Edward Bridge, Esq.
yohn Clavell Menzel, EN. Edward Leigh Eindereley,
Egg.
'ler Majady's proclamation against vice and immo-
rality having been read, Mr. Baron Bramwell delivered
se the Grand Jury Ids
CHARGE.
Gentlemen of the Grand Jury,—l cannot from my
own knowledge of the criminal statistics of your
county say whether the calendar is a matter of con-
gratulation or not. Comparing it with what I know
of other counties of the same size I should say it
is; but I am told it is not less than the average, if
allowance is made for convictions under the Crimi-
nal Justice Act. However, the cases are few, and
certainly not very iiliportant, and not of a very
heinoua character. The first case I will direct your
attention to is that of a_person named Trowbndge,
charged with shooting Edward Matthews. I think
your duty here is an easy one. There is no doubt
the shot was fired, and fired by the prisoner. After
he shot he said he did not know the gun was
loaded, and was very sorry for what he had done.
There is a very good primal facie case, and I think
you will have no difficulty in finding a bill. Then
there are three women, named Dark. Kitty Dark
is charged with concealing the birth of her child,
and the others with counselling her. Of mune you
must have evidence that kitty Dark disposed of the
body, and that it was her act. The only evidence
upon the depositions is, that upon inquiry by a sur-
geon an to whether she had been delivered of a
child, she said yes. On being asked where it was,
her sister aid her mother had taken it away and
buried it. There has been no examination of the
body, but the surgeon says it VMS from six to Seven
months old. It is exceedingly likely that the
mother thought the best thing was to bury the body,
nail thus hide her daughter's shame in the ground.
It is more likely that the woman should do what
is add than that the girl after the pain of delivery
should conceal the body herself. I don't say there
is not any evidence sonnet her—the best proof of
that is the present inquiry—but I am at a loss to
say that the girl hand( secretly disposed of the
child. If nothing more appears against her there is
no case against her. If there is no evidenoe against
her there eau be none against the other two because
it is not an offence in them except in so fa; as they
aided and assisted her. If you think she is guilty,
as you know, then it will be for you to see how hr
there is evidence against either of the others. As
te the mother, there is no evidence against her
except the daughter, and, as to the sister, I see none
at alt. The next is a case of some enormity, cer-
tainly; it is a charge of an alleged outrage against a
blind woman by a man named Strange. Your duty
here is, perhaps, an easy one. There is her oath,
and she is discovered crying. You may probably
think that that is enough. If, however, you find
epos examination of the girl the essential element
of her not consenting wanting, you will throw out
the bill. There is a case which can hardly be called
nealing-25 pieces of timber—trees, in fact, which
are not very portable. The man appears to have
had some limbs given to him, and the rest of the
pieces are found concealed, and he gives, what is an
untrue account, saying he has not got any. Of
course, it being shown that he had would be
strong evidence to prove that be had the timber dis-
honestly. There is another case—one against a man
for burglary. The burglary has been committed by
some body, no doubt; and footmarks--sometimes a
very worthless piece of information, and sometimes
not—the footmarks correspond with the prisoner's
shoes, which hare a peculiarly diamond shaped nail on
the heel. If you think that is sufficient against him,
coupled with the wife's possession, you can find a
hal against him; but I don't see on what principle
you can find one against the woman, for by law she
sets under constraint of her husband.

A Grand Juror said the Grand Jury understood
that the woman referred to WU the man'a mister and
not his wife.

His LORDISHIP continued—showing the difference
there would be in consequence of the woman being a
sister. His Lordship said he thought the woman
was the wife ; but if not it would be a common
case. He then proceeded: There is another
case of burglary—it is alleged by Mary Ryder and
Jane Beer. It is not a feminine offence ; no
doubt a woman may be guilty of it. It is enough to
my of it that there is evidence either of a burglary
by them or of receiving—so that you can find a bill
against them. There is a charge against a woman
named Jenkins for obtaining money under false
pretences, selling a brass ring for a gold one. The
question is whether she knew it to be a brass ring or
not. If she did not there is no offence. There is
only one more cue I will call your attention to ; it
is one of those cases which, unless you find the
evidence very clear, the discussion of them in public
has a very mischievous effect. The Grand Jury
were then dismissed to their chamber.

Join Lane, on bail from the last Assizes, pleaded
Guilty to an indictment charging him with obtaining
1.3 17a. 3d. on false pretences from J. C. Manse', Em.,
01 IinTILL
stock prosecuted.
In reply to his Lordship, .1. C. Manse!, Esq., said pri-
soner had been in his employ 12 or 13 years. This was
not a solitary instance of peculation, but Lane had con-
tinued tbe system for about eight years. The prosecu-
trix, Mrs. Michell, also desired Mr. Mansel to state
to the learned Judge that she did not desire the pri-
soner to be severely punished.
His Lordship: Why? Is there any other reason for
it than good nature'
Mr. Mansell: Because be is an old servant.
The learned Judge—And been cheating for eight
years? His Lordship, in passing sentence, said, in the
absence of any statement on the part of the prisoner to
the contrary, be must assume that he had been doing
for a series of years what was only now found out; and
such punishment must be inflicted as would warn other
servants. Sentenced to three years' penal servitude.
George Trowbridge, on bail, a punekeeper to Lord
Portman, was charged with feloniously shooting at
Edward Matthews, at Dithweston, with intent to do bins
him grievous bodily harm.
Mr. Saunders prosecuted, and Mr. Stock defended.
Prosecutor, who is • sergeant in the Dorset Infantry
Militia, said, on Tuesday, the 15th of February, he
returned from Milton Abbas, and in Brissette, wood he
heard • rabbit cry, and saw a stoat run away. Hearing
some one coming he went over the hedge on to the
down. His companion, Maidment, got before him. A
keeper said " Stop, or I'm if I don't shoot you."
Prisoner followed through the name pp, pointed his
gun, and, on prolocutor going • step or two, be was
knocked down. He was confined to his bed six weeks,

and 280 abuts Imre extracted from his back, fira

-- -
from the left arm. Prisoner knew proessentor and was
about twenty yards distant when Trowbridge fired
Maidment ran before prosecutor. Prosecutor went
to Hilton Abbey to get work. On hearing the rabbit
cry he took out of • rabbit hole several young
rabbits, but he had no ferret or gun. He could not see
prisoner fire. He did not say before the Magistrates and
never said, "I turned round and saw he had his gun up
to his shoulder. He was outside on the down when I
saw him fire." Prosecutor had been in prison for poach-
ing, and bad been imprisoned eleven months for receiv-
ing money for stolen property, but did not know that it
was for Hr. Bpooner's lead. He did not recollect being
carried home in a cart or saying to $ man in the cart,
" Dort think he tried to shoot me," being entirely in-
sensible till long efter reaching home.
Alfred Mddinent said he was in company with pro-
Relator, and when they beard somebody come, after they
had taken some young rabbits from • hole, the two ran
through the hedge. The prisoner said in the wood,
" Stop, stop, or lam if I don't shoot you." Wit-
ness heard the gun go off when they were on the Down,
and Matthews felL Witness ran forward, and on turn-
ing back saw Trowbridge taking the young rabbits from
prosecutor's pockets. Prosecutor was stretched on his
face. Witness said: "Trowbridge, you have done
wrong in shooting this man." Trowbridge answered:
"Then you ought to have stopped when I called to you.
You've been here ferretting all the afternoon. I've been
watching you." Prisoner said be did not know that the
barrel was loaded, to which witness *flowered that he
must have known it was loaded if he had shot off, as he
said, the other barrel a few minutes before. Prisoner
said it was accidental and he would rather have lost kb
than it should Imes happened. Seeing prosecutor
struggle sail for life be called the keeper back, and in a
few minutes went for some water for prosecutor. Pro-
secutor was quite insensible all the journey. ney
denied tieing in the wood and had neither stick, g", nor
ferret. He knew • man named Adams, and prosecutor
did not say to witness in Adams' hearing, " Dost think
he tried to shoot me?' He bed never been in much
trouble about poaching ;be had been "troubled about a
rabbit and • fish. Since the shooting he had been
fined LI 4s. 9d. for (etching • fish in • place where any-
body went to fids. Young gentlemen from boarding-
school went there and were never spoken to. He never
heard of any body being fined or summoned for fishing
at the plasm, which was not enclosed, only a few oaks
separating the water from the turnpike road. A shoe-
maker, Denied Wells, told him he had been warned for
fishing there recently. No one spoke a word against
witases when be was fined. They asked him if he was
there, and On his wind Y“, be was made to Pay
El 4a. 9d. Moro was no board up, and he did not know
who sunimoood kilo, but supposed it was Lord Port-
man's keeper.
His Lordship: I think Lord Portman ought to be
told of that

Wrineee repeated that there WAA no evidence to show
that the wafer was
His Lordship; grap"est was two weeks' wages to
that man. It was very aimeditable in my opinion.
Pathan, of the Hiandford police, brother-in-law to the
prisoner, said, that prisoner wine running to hire and

desiring him to come with him, as he had had an
accident with some people (runt Blandford. He went
to the spot, and they fomented Matthews, and sent
Maidnient to the prisoner's house fur • doctor. There
were apsazss.cec of persons having been ferreting near
the gap leading to the Down, were Matthews lay.
Supt. Witte said, the prisoner said when taken into
custody, that he fell on his knee when coining over the
pp in the hedge, and the pin west off accidentally.
He was very sorry for it, he added,
Mr. Charles Ingrain, surgeon, of Blandford, deposed
to attending proseeuter on the ground near Broadley
Wood; and when this man was conveyed home and had
been relieved, it was I,Attnl that thrrr were shout 130
perforstions reaching front the kidneys up to the neck.
Witness extracted the shot, and attended Matthews
for four months. Probably his life would be shortened
by the circumstance.
Mr. Steck then addressed the jury for the defence,
and called
Frederick Coward, who said, on the 1:011 of February
there was a new road being made at Houghton, under
the direction of Mr. Blandford. Witness knew Maid.
meet and prosecutor.
His Lordship asked if this evidence was to prove the
accidental shooting of the gun?
Mr. Stock said, it was to prove the tntrothfulness of
the. witnesses.

His Lordship said collateral evidence could not be
contradicted.

The witness WAY therefore sent beck.
Edward Hotlock, labourer, of Durweston said, on the
afternoon of February 15 he was at work in Mr. G.
Harding's barton, near the Traveller's Rest, and saw
prisoner come to the wicket leading from the wood
adjoining. He afterwards was, near the gap leading to
the Doan, saw Matthews and Maidnient come out
before the keeper, and as prisoner came across he fell,
and his gun exploded on the ground. Matthews then
fell down. Trowbridge went to Matthews as fast as he
could. While Maidnient was running in front of Mat.
thews, Maidnient threw twice over the hedge, and a
full grown rabbit was picked up from the place.
Portion of the evidence of this witness was likewise
objected to, as Coward's had been before.
Cross examination was permitted, and witness said,
he did not go to the spot when the man fell, because
he thought there was some ferreting. He never went
near the men, and stood 200 yards off. He had never hi en
in trouble for poaching, but had 31 days' imprisonment
for having 2 oranges out of Ave, which were taken
from • box at Wimborne. In re-examination he said,
he thought the man who fell was digging a rabbit out,
which had run to the burrow.
William Adams, underkeeper to Lord Portman. taid,
on Use afternoon in question lie went to the Down,
hearing something from prisoner's wife. Witness
fetched a cart and rode with prosecutor, On the road
home Matthews asked for his cap. Then Matthews
said to Maidnient "Alf dost not know me? Host think
he tried to 'hoot me, for I don't know." Witness was
sure of the words. Pethen the policeman was there.
Matthews was as sensible as witness in the cart, and
kept talking all the way home. Matthews spoke to his
wife from the wagon. llaidment replied to Matthews :
"Tried to it? aye—a son of a—.' 'Trowbridge was
not present. Maidment added "Don't talk so much it
will only do thee harm."
James Wood, postmaster at Iwerne, knew prisoner
for 20 years, and said he was always steady and
humane.

_
Henry Terry Short, of Iwerne, lived next door to
prisoner for 18 years. Prisoner had been gentle and inof-
fensive all them years.
Mr. Henry Blandford, surveyor, of Slandford, said
that he had had the spot pointed out to him, and
esiunined the place where Matthews fell. There was
a bush riddled with shot in the direction in which the
man fell, looking from the hedge. If the gun had
gone off on the ground or the bank, the contents would
have ttruck the bush and the man. A man firing from
his shoulder on the Down towards where Matthews ran
could not have struck the bush, the shot would have
gone above it. It was about • month ago when the bush
was shown to witness. Pethen was with witness at his
first view of the place. Witness afterwards made a plan
and section of the ground. A limn firing at a distance
of 19 yards, would not fire to stun a man simply ; he
might do so at 70 yards. A partridge or hare would
be knocked to pieces by • charge going in together at so
short a distance.

Pethen was recalled and said he saw the bush the
morning after the shooting, and one of the sprigs was
nearly shot off. (.4 part of the bush was produced.)
Mr. Saunders having replied,
His Lordship summed up. He remarked that a
whole legion of ferrets or rabbit* would not have justi-
fied a man firing at another, and in reference to the
statement of the witness ILsidinent, the learned Judge
observed that, he confessed that he had some iilliculty
in expressing a very strong opinion upon it. If all that
man (Maidinent) had done had been to fish where
people had been allowed to fish, nobody ever being
called in question until it was thought right to punish
the prisoner ; if that had been done Maidnient was
guilty of no offence in point of law, became the statute
said he must do the act wilfully and illegally. He was
subject to a civil action, but he mint, to constitute an
offence, know that he had no right on the ground—and
ancording to what he said, no human being knew that.
He ought not to have been prosecuted, he ought not to
have been convicted. He (the learned Judge) did not
say all he might say, because the parties were not
present, the prosecutor and committing magistrates
were not there. It was a wrong prosecution, and if
Maidment's statement was to be relied on, the convic-
tion was most scandalous. And, however far the
prosecution was justifiable, the notion of making that
unhappy man pay 254.--probably a fortnight's wages—
perhaps not all fine, perhaps a pound costa, was wrong.
The proper MUMS to take would have been to say to
him " You have no right to come here." But he (the
learned Judge) repeated that the conviction on his
own mind was that the proceeding was wholly wrong,
and the prosecution did it for no other reason than in
order to deter Maidment from being a witness in the
present case. It was most disgraceful. The only thing
was that his Lordship feared it would affect the verdict
of the Jury.
A juryman was at this time obliged to leave the court
through illness, and during his absence Mr. Manse'
essayedito address his Lordship respecting Maidment's
statement, but the learned Judge at once etopped
His Lordship retired for a few moments, and on the
reassembling of the jury concluded his summing up.
He found the indictment was so worded that the jury
could not find the prisoner guilty of unlawfully wound.
ing ; the document said that prisoner "feloniously and
unlawfully did shoot at." It did not say wound. The
jury must therefore, if they considered prisoner guilty,
, find him guilty of one of the intents comprised in the
1 indictment.
, The Jury found the prisoner Guilty of shooting with
intent to do grievous bodily harm.
His Lordship deferred has judgment so that no "heat
of blood" might infineuce him.
floosie Gill (19), pleaded guilty to stealing a qua,Aer
of a pound of butter, the property of his master, George
Major, at Shipton George, on the 10th ult.
/Sentenced to 3 months' hard labour.
Stephen Pounds, on bail, was indicted for stealing
25 pieces of timber at Hinton Martel, the property of
the Earl of Shaftesbury, on the 9th ult.
Mr. Cooke and Mr. Bankes were counsel for the pro-
secution, and Mr. Cole defended.
Stephen Pounds, the prisoner's father, said he was
employed by Mr. It. Lower to cut trees on Lord tShaftes-
bury's property; remembered wanting in the middle of
May about 171 trees. Some of the trees were saplings ,•
a greed deal of the timber was used for firewood, and
some for fencing, and the beat of it (the largest) was
used for shipwrights.
Richard [eight deposed that he had charge of the
wood in Mauley's coppice. Did not count the timber;
but the number had been given to him on paper by lad
witness; could not make out the number by 25. Could
not say whether the miming wood was ship timber or
firewood.
P.S. Andrews remenibered going to the prisoner's
house on the 9th of July, asked prisoner whether he
harl removed any timber from a coppice, (pointing to
Ilauley's coppice.) Prisoner said permission had been
given him to take 'even. Witness said here are two
here, are they any of them ? Prisoner replied that they
had been there • twelvemonth. These two timbers were
about • foot in diameter, and 11 or 12 feet long. Wit-
ness thought they had been recently felled, which pri-
loner denied. Two other pieces of timber were then
found, covered with turf, apparently hid, and further
on seven more pieces. Witness then found five other
pieces of timber, which bore no marks. Prisoner said
he had not had them marked yet, and that lie had no
more on his premises. Witness then went into an out-
house, where he me about 44 piece' cut up into lengths,
and some of these split into two or three pieces; it was
all oak timber. Witness removed the timber from the
outhouse, the door of which had been locked. On ex.
&ruining the wood he found ou fitting the pieces toge-
ther, seven complete "butts." One of the pieces was
marked with two cute, and another piece was marked
with eight. Another piece was found in the building
with seven cuts upon it; but this was left behind.
Prisoner said the timber had been in his possession •
long time.
Joseph James, labourer, cf Hinton, said he was em-
ployed by the prisoner on the 7th, Bth, and 9th of July.
On the 7th prisoner warn in the coppice, loading roots;
remembered his carrying away 3 loads of roots. As-
sisted the prisoner in putting up one or two sticks which
were covered with roots. The prisoner took away
three more loads on Friday, when another stick or two,
longer than the wagon, was again put in, and covered
with roots. On Saturday he assisted in loading the
wagon with timber (butts.) Witness went on Saturday
with the last load to Mr. Pound's yard and cut up a por-
tion of the load, which he put into the outhouse, under
the directions of the prisoner.
Andrews was recalled by his Lordship, and said the 44
pieces matched, and showed 7 seven butte; but some of
the other pieces did not match.
Examination of James continued: On Thursday pri-
soner said the timber lie then twit was for damages
done to his wheat; and he repeated the same observa-
tions on Friday. The piece of wood produced was part
of that which lie brought from the coppice.
George White deposed to marking nine saplings from
six to nine inches in dimneter. Marked them in notches
from Ito 9. When witness had marked them prisoner
said he should take them as materials for a bridge.
Witness asked prisoner when he would take them away,
and he said he would come for them on the Monday fol-
lowing. Saw Mr. Waters, the steward, on the subject
in the following week, which led to • march being made
on the premises of the prisoner, when he discovered
some of the timber which he had given him for the
bridge out up smaller, so as to be quite unfit for the
purpose for which it was intended. Witness next saw
prisoner before the Magistrates, when he made a further
search, and missed a piece of timber which contained a
particular mark, making it may of identification, and
which was found on prisoner's premises.
The Jury found the prisoner Guilty, and he was sen-
tenced to 6 months' hard labour.

WEDNESDAY.
(B(ort Mr. Baron BRAMWELL.)

Thomas Strange, a young man, on bail, was charged
with unlawfully assaulting a blind girl, named Sophia
aidout. nod 17, with intent, k.c., on the sth July, at
Sturnanster Newton.
Mr. Stock was counsel for the prosecntrix, and Mr.
Cole defended the prisoner, who is a clerk in the
employ of Mr. Dashwood, solicitor, Sturminster Newton.
The girl stated that about two in the afternoon she
was sitting at her mother's cottage door-step at work,
when prisoner threw some gooseberries into her lap.
and had a little conversation with her. He then went
away as 'be 'opposed. About a quarter of au hour

after she went in doors and was about to go op stairs,
when some one touched her on the arm and said lie
wanted to speak with her in the adjoining remit, an
outhouse plane. She knew by the voice it wan Stran;;e,
and went with him and said "don't go out of the Irick
door or Mrs. Bennett will see you." She said this
because the way led not through her mother's garden.
Prisoner then took hold of the girl, but she succeeded
in misting him, though part of her underclothes was
torn. She exclaimed "Don't TOM," when her little
coasin 4 years old came in and prisoner left her. She did
not say "Don't Tom" as loud as she could. Slio had
been turned away from the Bristol Blind Asylum for
"impudent conduct."

A woman residing in the cottage adjoining, named
said that she found the girl crying on the dour
step the same afternoon and asked her what was the
matter, taking her int.() witness's cottage. The girl itaid
Strange had been making work with her, awl that she
lied helloed. Witness answered if there lied been hal.
luoing, she Valtaa have heard, she having been
in her kitchen, near the back house. There
was not a rumple in the girl's dress or a pin out of
place, Bearing her sob on the step witneis went
thither. Witness did not see "the chap" about all
day, and could nut say at what hour she found pro-
secutrix.

Sarah Ridout, the girl's mother, a widow, said that
she was out at work at Mr. Baker's all day. About
three her daughter Anne came and told her of the affair.
Soon after Strange came to where she was at work also.
She said to him "Tow, I am very sorry to hear you've
been making work with my blind girl and fastened her
up." He said he had fastened her up in the rouse, but
only in fun. He added that he would give her anything
not to say more about it. She answered that she would
make no promise, lie went away but came • second
time to her, to Mr. Baker's, and begged her not to say
anything about the transaction. On the Thursday, two
days after, he caine to their cottage at breakfast time
and offered the child sixpence to say nothing about it.
At 10 the alum morning be again came, and offered 10s.
and said it would be best to go to Mr. Harvey and uirke
it up quietly. She said she did not want his money, bet
would leave it all to the gentleman (Mr. Harvey:).
Afterwards she went to consult Mr. Harvey, the Magis-
trates' clerk. Her daughter Anne came to her at Mr.
Baker's on the afternoon of the 50, about three o'clock,
and told her what Strange had been doing. Witness
owned having had two illegitimate children since her
widowhood. There was no one present when Strange
offered the money, and she never want to him to ask
himu to make it up. She took her blind daughter to Mr.
ebeesewright, surgeon, and he said no harm bad been
done. The girl's underclothes were •good deal torn. Wit-
ness had not charged prisoner with committing a rape,
and did not know the meaning of the word. Anne was
15 years old.
. .

A butcher, named Bennett, another next door neigh-
bour, said he saw prisoner on the 7th July, outside the
Stunninster Pest Office. Prisoner asked witness to go to
Itidouts' and try to settle the matter for him, and he
(prisoner) would get him freed from the dug tax. In
cross-examination, witness said he crossed over to pri-
soner, and asked him why he was so foolish as to go into
the house. Prisoner swore that lie did Out touch the
girl. Witness said if it were Ins own case he would try
a bit of gold to settle it, whereupon prisoner asked wit-
ness to try to settle the matter.
Mr. Cole submitted that there was no evidence as to a
rape being committed by the prisoner, and that the
first charge of the indictment should therefore be dune
away with.
His Lordship overruled the point, and Mr. Cole then
addressed the Jury for the defence.
Mr. Thomas Potter gave the young man an excellent
character during the three years he had been acquainted
with him.
Mr. James Stickland had '-
life, and ho

Mr. James Stickland had known the prisoner all his
Ate, and he had ever borne an excellent character.
Mr. Stone, fanner, said the same, and also Robert
Ridout.

The learned Judge summed up, and the jury
almost unhesitatingly, pronounced a verdict of Not
Guilty.
James Tlionsas (21), remanded from last Assizes in
consequence of a witness for the Crown being ill, was
indicted for an abominable offence with a mare at Seidel-
well, on the 14th of February last.
Mr. Portman appeared for the prosecution, and Mr.
Edwards defended.
Mr. Edwards objected to the indictment, inasmuch as
it did not mane anything wherewith prisoner had done
wrong—the words were that prisoner committed a
certain offence "on a certain in the said" kc. The
learned Counsel said he could move for an arrest of
judgment if the trial went on.
His Lordship inquired if there was no means of amend-
ing the indictment.
Mr. Edwards said where a thing was misdescribed his
Lordship might have power of amendment, but where
there was no description at all what was to be auiended ?
The learned Judge then consulted with Mr. Justice
Crompton, in the adjoining court, and after conferring
briedy with Mr. Portman, went on with the ease.
Mr. William Penny said he was passing across the
fields from Stoke to Sturuiinster on the day named, when
he saw within • few yards the prisoner, who had his
hack towards witness, committing the Offence alleged.
Prisoner then rode away.
His Lordship after ascertaining that there was no more
evidence as to the fact of the offence, said he could see
no proof of an unnatural proceeding and directed the
Jury to acquit the prisoner.
The Jury at once set the prisoner free..

George. Trowbridge, ganiekeeper of Lord Portman,
who was convicted yesterday of shooting at Edward
Matthews, with intent to do him grievous bodily harm,
was this morning brought up to receive sentence.
Mr. Baron Bramwell then addressed him,—Prisoner
at the bar, the jury have convicted you of the offence—
Prisoner—l am not guilty.
The Judge.—The jury have found you are, and I do
not think they could properly have found any other
verdict, and no one who beard the evidence can doubt
that you are guilty.
The Prisoner. —I am not guilty.
The Judge.—lt is of no avail to say no when the ap-
pointed authorities have found you are, and I am bound
to say that lam fully satisfied with that verdict. The
two men who were witnesses against you were men of
damaged character. They had been convicted of poach-
ing, and I repeat what I said yesterday, that I never
knew a poacher to be an honest or respectable man.
One of them had been convicted, from what appeared,
improperly, but we have only his own statement; pro-
bably if the case had been heard against him, on the
other side, it might not have been so; but I must repeat
that it would have been desirable, unless there was the
greatest necessity for it, that the charge should not have
been brought while this complaint was pending, because
the supposition would naturally arise that the charge
was made to deter and intimidate him from giving
evidence in this case; therefore it was an indiscreet
prosecution by your friends, unless there was an absolute
necessity for it. So thought the jury, and I think
correctly. If their character was bad there was the
more reason that they should meet with protection. I
have no love for poachers. I think they are mischie-
vous people, and almost always bad characters, and the
nonsensical excuses made for them are utterly without
foundation; but there ii no need to shoot them. The
law has made ample provision for their detection and
punishment, and it is most essential that those men
should know that, outcasts as they may be, the law will
protect them. If it were not for that every enoounter
between gamekeepers and poachers would be a bloody
one, for they would turn and fight instead of, as I
recommend them, running away. It is important that
they should know that they will receive protection. I
think the crime was a very mischievous and very cruel
one, that because you were angry at what they probably
had done, taking a few wretched rabbits, you should
have been guilty of cruelly discharging a gun against this
man. I have deferred passing sentence in order that I
might not allow any improper feeling to interfere with
my duty, and having allowed the night to pass; and I
have also consulted my learned brother, and we have
wine to the conclusion that I ought to pus upon you •
very severe sentence, and that is, that you undergo
penal servitude for four years.
The following bills were ignored by the Grand Jury:
—Samuel &souk for committing an unnatural crime at
:italbridge. Kitty Dark, Mary Ann Dark, and Mary
AM. Dark, the former for concealing the birth of her
child, and the two latter with aiding and abetting the
said Kitty Dark, William Salter, for misdemeanour.