The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1866-07-24 00:00:00

THE DORSET COUNTY EXPRESS AND AGRICULTURAL GAZETTE, TUESDAY, JULY 24, 1866.

Shpt. Oifeta, innekrkled upon tie denial of
eng out the rayless siert which the prisoners made,
that his experisnee isd him to know that uneducated
wee, eider stub cirounistonees, vary alma thought
their safest wont. wag to tell • INC whisk Was very
wrong in every way. Ha diatinguisbed the eiridenoe as
agwinet the two prisoners. potritiog out that that against
Hei-tiford was the strongest. Al to Use sonvermarion in
Wimb.gon police atati..n teleran the prisoner. ha said
I. did Dot go with the learned moms! is stun:king the
pollee as " inventing" that tionVereatioti thy Would
have done very wrons bed tie, not !alien notice of it;
but it was wonderfully atuhld of the prisoners not to
have noticed that their c nation eras calculated to
critninate them Whether or not the sinvonistinn wu
sanest ely repotted, was for the Stay to pulse. He told
the jury they rots.t nomader whether they believed the
garmecutor recognised Heokford'a voice, then whellor
the marks so hu clothes were thous of blood. and. if
so. whether be gave • truthful explanstion of I;; soda.
Dorriman, whether he was the man who dot up into
tl nearS and robbed the boy. His lordship pointed out
that no blood was proved to have been ',cod to, Dem.
man's cm he., which would Nan bait likely to kappaa
stain' tormentor'. Nate •t the time. kill, Ire Snit
denied living out on the night of the occurrence, and
.forward. raid he had been to the public hones to get
some beer. If the constable. Hitehell, n ported
prisoner.' converse. ion accurately. it amounted to an
admission of the guilt of b-th of thes.
The jory, after easotining Rockford's jacket and
trouser., retired to conalder their vi edict, and on
rotor. ins Into court abet nearly half an hour's skeane...
I it... a verdict of guilty against both prisoners, but
, strongly recommended id•ells to merry. The Judge :
On what grounds' The formate I Their youth and
: previous Food character. Mr. Collin' put ia several
I testimonials as ho he character of the prisoners.
Pia lordship di (erred Nintendo.
I The court to.. at seven o'clock.

mouth, was Whoa the 'peon& nes wee lowa to
have upon tithe initials S. R.--'hose of Mr. Solomon
Menden, in whose lorries Harrison LTA. On
the lollitwing day, promentria went with her
husband to the Nom and Crown 1011 and there
saw Parsons, when the lidd her husband, and
Mr. Hell, the landlord of the home. that he wan me of
11.. mem who liarl criminally assaulted her. Neither
Ma DO' I.er husband spoke to Pais ins. The judge
Why 11l you not charm iiim with the offence then?
Prosecutor: My haalmod said it had b.itter "bide till
illond•y as he had hid sheep to attelid to. The judge:
l'ut you didn't charge him ors Monday? Wilma.' No,
my husband saw two c mashies going through the field
on Tuesday, and told these. His lordship: Very well.
. Parsons wee appr. bonded by • police mostable or.
the 71rd inst., when is sail "How is it thnt the others
Cr. not apprehended? The constable replied, "I shall
take one at a time m I can catch thorn." Parson, said
he wsB not in the oati-h et the hum; he woo at Yeoail.
In enswer to Mr. rooks, the policeman said he was not
informed of the occurrence till the Sind, thoneh ha teu
seen by the Milhaud on the 20th. His lordship told Mr.
Collies thot be did not et• any evidence whith impli-
cated Harrison; at the most, the prementioe had antly
show. that he wait et the gate or in the Seld where the
outrsve look place—cot by the side of the proomotsis.
Mr. Collins concurred with the •imir his lordship took
of the pleb, and the °harms as &against Harrison wes
withdraws from the jar,.
addriseing the jory on behalf of Parsons. Mr.
irtiolts said there was no doubt hot that • gross retreat*
had Men committed on the woman, bet he contended
; that the prooecutrix and her husband were utterly 'nis-
i token as to the identity of the persona who were con-
eerned in the offeses, though he did net for a moment
euppoos they intended to rev what was not true. He
indicated several discrepansies sod improbabilities in
the evident», midatatined shot Parsons' statement that
he was at Yeoeil on the night of the outrage. if it had
not hem true, onght to have been proved Li he false by
the prosecution, end men-hided that the jory most
amuse Persona, ea they had already been directed to do
Harrison.
Hie lordship Mving seamed up the evidence. said
the monthsa for the jury was whether Parsons COO-
Ratted the tillested amenit en she woman.. whisk estiruly
depended on how fir they oonsideaed the proassetriz
and her husband were trustworthy end acomate as to
recognising Pies at the time of the entrap.
TM jury Interned • verdict of not guilty, end
primmer' IMO diasherged.

he might sot to mod thrall hi; pedal militate. IR*.
cheek, however, order thwe to • loos period of impri-
sonment, vis , to Ito. nate luod labour ma.
acmdoded tho criminal bedews of th• amines at
tlam o'clock.

N IS! PRIIJS COURT.--Barclune
(Before Mr. Justin Bohm)
The Cant sat •t 10 o'clock, when the eue of Hereto.
v 12 oeb was teamed.
Job Gough • • servant to the plaintiff. In May lag
defendant came to bis master's house when defendast
asked where his gag MM. His MAW. replied " if you
bring an bar beck you skull have the gate," Defendant
appeared to be in very bad te:nper. sad said plaintiff
should have the law, witness afterwards saw defendant
sod the policeman carrying away the pt..— trowles
miler at the Quiet Woman public hone, helped defend•
ant take awsy an iron gate from Latmush to Mrs.
Bennett', Geld. He afterwards minted defendant and
• PI nano to remove the gate from Imbnoor s second
time ; it was futened to the poets, and they drew the
statics. In mossesaniMing witness nid he did tint
kno• the date when ether of the-e trannetions took
place— flolieved it was after defendant loft the (atm.—
Suet. MoNale at Benninger said in the latter part of
Hey or Whitening of JUDD. 1566, defendant came to him
and wanted to take out it warrant against plaintiff
Witness advi-ed him not to take out a warr at but
rather .o Ink.' out a someone. Defendant came
• snood time sod wanted • warrant. Witneas
eel Maned him not to have a warning but
• commons, which would bring phial( before the
magistrates, and told defoodent if • warrant were
Mined, plaintiff would have to be appreheoded. Wi-
nne told defendant if he went to the magistrates' gen,
he would, be was sure, give him simile' ativint—Tlits
being the ease for the plaintiff, Mr. Stook rose an objeo-
tion to these proceedings. According to • recent act, a
month's notice must be given of intention to bring
an amine, and such action mast be *Noniron d
within six meths of itspposed injury occurring.
—Mr. Prideaux *attended that the Act quoted
Ity Mr. Stock did cot apply in this sue, as the
plaioLff an not brought before the magietratea
to be dealt summarily with, bat to be examined
with a view to alletior proceeding,. His lordship
aeld Le would reserve his opinion on this point.
Mr. Stock then raised another point. The
Plaintiff. he held, -se not the owner—although
plaintiff said his mother bad given him poses.
sloe f the laal—as the mother bad &life interest in it,
mot daring bee lifetime the property was ben. The
jerboa said this wee a point of law which he himself
would have to deal with by-and-bye, after the fasts of
th use had been placed eefote the jury. Mr. Ormek
then addressed the jury for the defence, asking them
wh-ther they oonidere I that there was any malicious
exhihitel by the conduct of the defendant.
Wh .t the defend .nt tweeted was his gate, and as plain.
be eititned Mend locked it to the posts. and es • polies-
man took the pate int.. his parent.n till the dispute
was cleared up, the defendant Pm obliged to take some
proceedings ton obtain poseestion of his property. This
feat, then, did any ei h all soppoeition of tualiiniouc
tee., estwoialv as it was owing solely to his ignorance of
the mode of proceeding that indund his, at drat to an
for • warrant rather than a summons. The plaintiff
was elated, and he showed that the rest of the house
which he meopied on the farm, after he had given up
the lend, was Gleaned by the plaintiff's mother and her
rem ipt for payment was out in. Before be pad her,
defendant sated the plainaff. as he had the land,
whether he an to pay him, and plainttlf replied, "no.
it's my onother'•—l hare nothing to do with her busi-
ness, nor she with mine." Defeat .nt and the gate in
question w ronoved from plaintiff's to Mrs. Bennett's
land previous to the 11th Ootober. the time eaten tds
tenancy expired, and that the Opiate' eub.equently
trepanned on Mrs. Bennett's land for the gate. The
pre was We own, and plaintiff had no right win it.
The her had been loot shoat two years. He bed no
with to charge On plaintiff with criminality in stealing
the pie. but it had been locked op. and he wanted the
gat-, and the only w.y to obtain it wu to bring the case
before the magistrate,. Mrs. Gooch, on being mind,
sal I that she gave orders for the gate to be removed to
Mr.. Bonnett's plot, on the Bth October. Hrs. Bening
gave leave for it to be gamed there.—P.C. Coates stated
that in consequence of both the plaintiff and defendant
&aiming the gate, he hioself hock ponenion of it,
legod it up in the brew bout as the Quiet Woman,
and told Mrs. Pennant, the landlady, to let no one hare
, it on any pianos whatever, debt be MIL her to do sm.
' He went win &deadest to Mr. Lee, the nnagi.trates'
clerk. Detrains stated his can, and Mr. len said he
had hatter have a warrant. Witness hionerlf reminded
Mr. Lee that similar eases were frequently sutninoned,
and Mr. Lie then raid defendant bed better have a
summons. A summon. WU most quest', taken out,
and emend upon plaintiff by einem. Defendant nail
all that he wanted wee posenion of his gate.—His
ladahip sistemed no at considereble length. and having
notated the law of the awe, left it 10th. jury to say
whether the defendant bad committed • trepan in
sorrying away the gate • mooed time. and *bather ha
had acted from an.tictive motive. in charging the
plaintiff with felony before the marintrates. and if so.
whet amount of damages the plaintiff was entitled to.
Tim jnry enticed to mandate their vend et, and niter an
shoe co of nout 20 minute. they foiled for theplaintiff,
with 61 damn's. The plait tiff's solieitor &relied for
nets. The judge said he would grant • certifisate for
the special jury —that was all.
ACTION POI DAMSONS.
HARDT, All 11111,Inf, T. YEAMILIT.--A uncial jury
can. Mr. fitook, Q.C. end Mr. Bowdon, Instructed by
Mr. We-too, were for the plaintiff, .4 Mr. Cole and
Mr, Lope% interested by Mr. Marshfield wore for the
defendant. Only two spent jaryama answered to
names, and the plaietirs .olioitor praying a rain, the
wig we. @lnd up by Wenn juiranat.
Mr. King on opened the pleadings, and Mr. Stook
gated the can to Use jury. He said that the plaintiff
was an infa.t, 7 years of age. His falter, who was •
member of the Stnek-linehange, in the early part of
September. intending to spend his ratan= at Sausage,
broiled his family down to Willreltallt by rail, intending
to proceed thence by omnibus to his egad* lodginp.
The family conatetad of himself and wife, P nieces. font
children, besides an tel int in arms aid two nurere.
Having: engaged defealast's omnibus, they proceeded on
the rood safely and well till they came to will in about
two mil. a of Swanage, when the near hind wheel ond•
dettly nave way and the whole of the outside panniers
were p. eapitated to the grand. Several were &evenly
bruised, but none were seriously damaged eau the
plaintiff, who, _it was dissovered on sending for Me.
D.larn.tte. had sustains-lc seamy 'commutes fracture
of the leg, and he had suffered from the neident mon
or Ws ever einee, and it was feared that in contrquenre
the leg would
be for pawning the ordinary business of life. Mo.
Dela.. ate, • eery skilf..l surgeon, of 10011 practice at
Seon.ga, nuenied him 12 wens. end he mts afterwards
*Pen ad by Mr. Read, in London, and the expanses
plaintiff's father had hese pot to altotetber in regard to
this eff de. hail already minuend to about no or £9O.
Alai. i btbe lad was likely to ratio the effects of the
injury through life, the father of the plaintiff was yr, Ih• it
sisprotnise the m,•tter if the defendant, without
going into the ease farther, was agemble to pay ell the
expenses that hal hen orcerred, If. however, he was
determined to resist ltio lialolitv, then ne (Me. Steak)
meet ask UT such cabstastial flamers as sitting be
WWIIIIIIO4IWIDDISIDD for future ill effect. from the hien.
It was his den to remind the jury that, on the plaintiff
in defending this action, lay the onus of showing that
the vehicle vras thoroucli'y sound, and it to be 003-
IRIO•rd ID tbil coevayance of panniers.
William Beeves Gs, rty aald that it resided at Hump-
steed, was • member of the Stock Snapp, and that
on the Ilth September last he cane to Wareh•m with
the intention of proceeding to Swamp to spud his
nation, taking with him his wife, four children, an
infant in mete two moms, and SWO Diehl& At Ware.
bus Vann be engaged the defendant's mania% to
' take them to Insuaret. When they had got about
mem aidas he journey be felt &larch. and promptly
all on the Poet le—the plaintiff a gild seen teen old
being one—fall into the end. Peeling that the plaintiff
could not on.. Irmo the ground, he was taken into the
Cottage elope by, and was afterwards taken on to
Seipp. where he rerteined, under the care of Mr.
Delamotte, • surgeon. ten weeks before ha *as able to
remove. After this he was taken to London, where be
had the blot of simnel advice. He paid £l6 to Ma
Delikehd.e. £l2 to Me. Rewhie I ondoe, LI for es invalid
gar at Swanage, sad £l6 14.. 64. for &Aar in Loadon.
lie intended at first to remain a month at en:sage,
and consequently daring the lag two months In had to
go to and fro from London to Sennep, bediles paying for
lo lens for his fawns for two months at Swank* More
than he otherwise wonid. He afterwards saw the omnibus,
and some of the notes had "jogged" out of the nave
of the wheel and other notes had broken short of.
Orme examined by Mr. Cole gr. Rtiekbind who toad
pc...Wetly passed them is • gig, when the omnibus
Woke down, Game beck to render them maistanoe.
There was amber steep hi 1 where the omnibus broke
..own, and a water tebill v/..e ea each side of the end.
Did not keg* that the driver en obliged to null ft for
the near wheelo towage the water-able to allow of Mt.
fitieklnd's gig to pees, had given a entificate that the
secident was not the fault of the driver —Mr. Delemotte,
a sergeant preen* •t &neap. 25 year*, said he was
called to etterol platntiff and found that ha had us-
*aloe I a emceed and comminuted fracture of the leg
—that ia„tbe lone was unlimbered, and the splinter.i came
away through the skin. Hs treated the child and
ordered the invalid gar es Dee smary. He was re-
moved to his home at Hampstead, as soon ae it was ale
for him to be removed. Ltrosems.mined : there was a
deep water table on ench side the road, but did not lenow
that th. 7 had gate been filled up.
Dr. Read, procaine( iu Itemellaquare, London, paid
VIM. from time to Unmet° the plaintiff, front Christmas
to N.y. Two passes of boost had come from the leg,
sad there were now symptoms of another pied* of bone
coming away. His opinion was that the leg would not
beteafter he so healthy and grong as it would
have been had not the injury occurred. It apes:ref to
Linn that there had been a sllght dale's:loo of the men
end this he considered of more importance even that:
an broken bone.
John Sumossos, • groom, readies at Sensate, fie
membered the moidest. He saw the damndest, who
trope the Bed Lies, at Wareham. Theme were three or
four people there, end Ova Innings of the omnibus was
talked about, and defendant showed witness some of
the spokes of %a wheel where they had bees broken
off short. I be wood appeared to be dry and very
brittle. D firodant said he biraelf did Gonsider the
spokes were "tough stuff." He add Smedonore bid
does the work. Crosentannined : Mr. Teasley did not
seem 'Mailed about the work. Witness mad not say
that dofendeat e•er said the work had not bees properly
done. Ho jeep§ by deleadag's manner.
Mr. Cole thee owned the ease for the defame. He
cootended tbat the cannon wheel was priestly found.
that 00 huh meld be attributed to either Mr. !undo
or his delver, and that the &Goldent oral* solely from
the omnibus being driven into • deep water-table to
allow • gig to pass on *h. narrow road, while
down a ateep bill and the • hole of the welitraellfi
the 'bee being thrown ea the wheel. He therefore held
that d.fsetkat although he dandy eelfiet'd lb. 'cadent
oesorrirn was not respownible for the damages that bad
m
Mr. Yeandey, the delesdant, be had an minibus,
ebtch ram between Werehana and Swansea. • datum.
of eleven miles. The driver bed held the situations for
tiro had four yearn, and was • ousful man. The place
where the saaldesa adlarrad was way steep, and the
FDA WM WM) SOIOSW from Sbit and bad do"
male., as aolb 44•1 Th• wheel *Ma Via kebab bad
, bad/. yaw soaps plead hi it goo* bye awoke Whew

_ _
um.' Me Amid *ail in thorough repair. Had told
801111•011 that be corsawisired the &pokes dearient iii
strength. or thst the work bad not been properly dove.
Phont,ff produced the broken .p.kes in court.
Brunadon, the driver of the ihns for nearly five
yew.. rentemberid belting the plaintiff and hie Imolai on
the omndriee. There wes a great deal of logpge, and he
asked Kr. Harvey to allow him to leave sans portion
of it till Dela day. There is. weep I,lllwhere the ac-
cident occurred—sear Mr. Spew'. fore) hower—and the
r"" i• "07 rounding. There 1. 11.0 a deep watet-tahle.
Just below is a short curve in the road, sad just before
It
oahnetlrCilt shout Tot hoarinif7Mentr;wBinitiagleo,vianinersidndhinirna:g:bi'lleowth:l.inr"ag:bluPseis:
witnem bed to pull short into the water.table, in
Polling out of which, .11 they weight of the omnibus
was thrown on the near hied wheel. whiff:lit." W 57. and
all were thrown to the ground. Five weeks before the I
wheel had been put in thorough repair sad all tb°
0110, were Dew.
JOhll esiyinour flosedm ire, wheelwright, tiring st
*Stsanerein. qsainelltionthsttn hi.
ug InueotnlestC:nThr"esslyok—rTpirodired the
nond
were *hat he put in, and he isoasi hired it to have bsen
in thorough repair wheel it briars down_ Since the
&widen' witness had measured the road. It was 1311.
wide, and very sound, and the water tables were 2 feet
below the middle of the raid. Since the occident, the
waier table on the side where the osoniban fell, had
been Ailed up to within Bor Pinch'. of the middle of
the road. .

Courtney, the wheelwrigtt stated that be re-
membered repairing the wheel in question, 5 weeks
before the 'caldera. The once and !allows oars goo I,
and he pat in 14 new oak spokoa—all throughly good.
When b.. had Bombed the wheel. it was in perfestly
good 000dit.on to work. He imuld now tee no doled in
the spokes to amount for their breaking.
Mr. filmes, snob builds? at Wareham, who dose
Mr. Yearaley's work at home, said the omnibus was
brought to hi. yard for • new oboe &best the end of
Auguat last. Witness inspected the omnibus thoroughly
and considered it trite tele and bound for it. work.
It is usual to examine all carriages brought in
for any re, airs. Is crowesaniination witness said that
be bad said in the remote of two wituawou that the
ban i of the wheel had n 4 bees properly put on, that
the 'poked ware too alight, that the wood was dry, and
that bad the wheel bee* Hint to him lie etiould I.ave
put anew Meek is, without tweaking to Mr. Yowls,
about it. . .

R•ostramined: The band wig on tight, but rather
croolted. It bad nothing to do with the theident All
the spites were slight the teasees Imre dm proper else.
and the slightness of which he bad spoken h.d nothing
to do wig, the sod tent The wheel must have bad •
t-emend••us omit and he tion.idered that the sole mum
of the salsai wac the driving into the water-table and
throning all the weight upon the wheel.
Bose other Willa were titled, hot tbek, evidenc.
was act matemirl ThelPerned antneelthemaddre•ead thy
Jury, and the badge summed up the case, leaving it
to the jury to my whether the near hind wheel out in
a mfe and 'wooer condition for rannieg on the road
with a fair load,for on this point, the whole meg hinged,
there evidently being not the slightest fault to he at.
tributed to the driver. The jery, after about & minutes'
oonsultati,n, found a verdict for the defendant
BUNSIDGE v. DAWILTIIS.— Mr. Justices Bre said
that he bed conferred with lir. Ju-tioe burn on
the points which be had reserved in this rose, and their
opinion was, that it wee intended by the agreement
timt each quarter's rent wac to he pail in advance, NO-
cording t, metes. Bait such mese was shwa, conven•
tim.l, and did not momide the kw of the land, and thy
distress was therefore Maya—the defendant had no
right to levy a dostrms till the espiratiesi of the quarter
for which the rent was due. He found on looking into
the law of the case that he was wrong is directing
the pay to give • verdict for the plaintiff with AS
dame.cm. It should be £4, and judgment would be
altered meet dlngly. •
This ottneladed the towlines of the assize.