The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1868-09-29 00:00:00

couNTy PETTY SESSIONS.

FRIDAY.— Before B. H. SwaMeld, Esq., and H. C.
Goodden,
NIGHT OP ANCRORAGI TN THR PORTLAND ROADBTRAD.
--William Smith, • pilot residing at Weymouth, and
Captain Watts, commander of the strip Connopolite,
were summoned by the Harbour Master, at Portland,
for anchoring the aforesaid ship within the line of the
Queen's moorings, on the 9th of September last, whereby
they had rendered themselves liable to a penelty of EIO
each.—Mr. Arden appeared to prosecute on behalf of
the Lords of the Admiralty, and Yr. B. N. Howard
was for Captain Watts, and the pilot.—Captaia John
Stokes said he was the appointed harbour meeker at
Portland. On the 9th inst. he saw Connopolite 'Lecher
In the Portland Harbour, within the line of the Queen's
moorinfis, and as the deet were expected about that
time it would have interfered with them. It was •
',art of his duty to prevent ships from anchoring in a
line with the marks at Portland. He gave his chief
officer, Andrew Lionel &amoral( instructions to go
off to the ship to order the Connopolite away from
her anchorage, and she did not remove until 24 hours
afterwards. Tber weather was fine and did not prevent
the captain from shifting from her anchorage.—By Mr.
Howard: He was appointed to his post as harbour master
by a written appointment (produced). The Gennep lite
took up her moorings, to the eastward of the Queen's
eueinee It. gave the notices to his officer for service
before the pilot left ay. ship. Th., were two land
marks which were whitewashed. They were near his
office. The merchant vessels ought to anchor to the
westward. The moorings were set out by the admiralty.
The land marks were pointed out to him by his
; predecereor. They were placed there as • guide for
merchant crawls. He did not know as a fact tnat it
I wags°, lie signed the order for the removal of the
vessel on the same day she took up her anchorage. He
inserted the date in the notice that was sent to the
captain. The notice (produced) had no date inserted
and therefore it was not a duplicale of the original. The
land marks had recently been whitewashed. He should
not have ordered the marks to have been re-whitewashed
if they had not required IL—Andrew Lionel Searmoath
said he was in the bet witnesses service. On the 91h inst.
he received instruetions to serve a notice upon the
captain of the Connopolite, which was lying at anchor
to the eastward of the line of the Queen's moorings.
The mark; on shore are in • line with the moorings
and denote where ELM. shiplanchor. He di I not know
, before he 61 rved the notioe, what the orders were. The
notice pro lured did not contain the date of service. The
, (Ink, in answer to • question from the Bench, said the
notice ought to have been in writing. No doubt the
: notice produoed was • copy of the original, but legally
*making they could not believe it. —Cross-examination
continued When he got to the ship be saw Smith in a
, boat. Me ',old not swear whether Smith was in charge
or not. When he told Smith he must remove the
ship he relied that the vessel drew 21 feet and it would
not be sat, to remove her further in. If the yawl had
drawn more water there would not have been any danger
by her ren oval. Be went on board and gave Captain
Watts the notice. He did not serve the notice upon
Smith, btt he gave him verbal orders to remove the
ship. Wien he served the notice on Captain Watts
he replied he was a stranger, and if his ship was in •
wrong berth he would shift her. The vessel was not
shifted tir the following day. He did not know whether
the pilot lad the chief command of the ship when he was
on board—Fly Ur. !Inward : When pilots came on
board • slip, they generally order the navigation as long
as they see em on burl He believed the Captain
gave up ta navigation of his vessel when the pilot same
on board. The pilot is a sailing muter for the time
being. Be did not observe Smith on board after he
served tie notice. The Clerk said there was no evidence
that filmiL was in charge of the ship when the notice
was delivered, and u they could not prove, or produce
the exact loplicate of the original notice the case most
faU throu;h. The magistrates immediately dinnisced
the sunnionv after cautioning Smith.—Mr. Howard
applied Ice costs which the Bench refused.

-
ALLIGO) 51111101.78 ASSAULT. —Richard Rodd and John
Rodd were charged with violently and unlawfully
assaulting Mrs. Jane Score. Mr. H. N. Howard sp.
I Peered to prosecute, and Mr. Weston, of Dorchester,
for the defendants.—Complainant said she was the wife
I of Mr. Score, of Portland, who owned • pima of land
called Inmost Hay, which she had held possession of for
the past twelre months. On the 12th of September she
proceeded to the piece of lend, which was divided into
three pacts, belonging to Edward Pearce, William
Pewee (her 'ether), and Richard and Edward Pearce.
She claimed ter father's portion and had planted 1100111
potatoes. About four o'clock on the above day she met
the defendant John Redd. He told her that he wan
going to dig up some of the potatoes that belonged to
her. She tote him not to dig her potatoes, but to dig
up thole a-l.oining which belonged to the elder de,
fendant. He replied he came for the purpose of having
some of her iotatoes, and commenced digging some up.
' She remonstrated with him, and said she should pick
up what he dug, and directly afterwards the defendant
struck her a violent blow on the chest with his clenched
fist. He then took op a three-prong fork and put
himself in a menacing attitude, pointing the fork at her
breast, and called her a —. He dug up come
more potatoes, when his father, the elder defendant.
came up and also swore at her, and then took the fork
and commenced digging up her potatoes. She tried to
take some, when he took up • lag, which contused a
few potetoes, and beat her on the head with them.
Directly after he took hold of her by the shoulder, and
struck her on the breast and head, levelling her to the
ground. The eldest defendant, after she was down,
knelt upon her, (diced his elbow scrota her rectith to
prevent her calling out, and then tried to raise her
clothes (produced) which were torn in the scuffle. He
used very filthy weeds, which were not fit to be repeated
in °Dore The youngest defendant was present aerie(
the time. Me eldest defendant treated the charge
very lightly and laughed during her examination. but
be was stopped, and Mr. Goodden told him it was •
very serious charge, and perhaps he would be
committed to prison at Doreheateel—Examination
continued: As soon as defendant released her, she ran
towards some females, who were standing a short
distance from a here the assault took place. She was
eocopelled to sit down, she was an week. The witness
underwent a severe crose-exisminetion, by Mr. Weston,
but her evidence wee not shaken.—Susan Holt was
celled, and said she was a married woman, and resided
it Portland. On the 12th inst., she was under the hill
end passed a field called Inmost Hay." Between four
and five o'clock she saw the defendant John Redd, and
the complainant, who appeared to be quarreling. A
few minutes after she saw him strike the complainant.
Her mother-in-law wee with her, and she called her
attention to them.—Richard Rodd then came up, and
asked them what they were doing there, and told them
to go go about their business. The witness corroborated
the complainma's testimony an to the indecent conduct
of the older defeedane—By Mr. Weston : She was
about 12 yards off when the defendant knelt upon the
complainant, and could bear every word that passed
between them. When John Rodd struck the corn.
pleinent she was about 20 yards off. What she had
statid was the truth. She denied the complainant
offered her mother-iodate some potatoes to come forward
to give evidence in her behalf. She then repeated the
Minium° that was used which WU filthy in the extreme.
—Hannah Reeves, corroborated the last witoess's
seiegeos.—Eobert Comben, a quarryman said he was
passing through .be field at the time cf the assault.
Tba complaisant tame up to him and said it was very
herd thing to have her potatoes dug up by those men'
He replied it was so, and walked on. When he was
100 yards hem them he turned round and saw the elder
defendant straggling with the complainant, and he fell
on the top of her. He wu too far off to hear any con-
versation. He Now Redd attempt to take the bag away,
but he did not see a blow struck.—Elisa Joel said she
saw the complainant between six and seven o'clock on
the same evening, and she wan then very much bruised
about the body, but more especially about her hands
and @rms. She fainted away, and was very W. This
was the sees for the pseeseetiee.—Me. Weston. after •
few remarks to the Bench, celled Edwin Slade who.sisid
be recollected the 12th of September. He was in the
field and saw both of the defendants scuffling with the
complainant about some potatoes. He wan positive no
blow was struck, and he could not swear whether the
older defendant or the complainant was underneath
when they fell down. He saw them get up directly
after. He should say they were not on the ground
above hell a minute. He was too far off to beer any of
the eonveration.—By Mr. Howard: He had seen
Richard lbeld every day since the seagull, but he would
swear he bail not spoken to him about the assault. No
one knew what he was going to say. Rodd called
upon him the day before yesterday and asked him to
say what he had wen. He might have told Rodd what
he had *sea —3lr. Howard declined to asked the witness
any further ()citation, as his evidence was so conflicting.
—William Pearce said be was present and saw the elder
defendant and the complainant muffling. Both fell
down he did not see any blow struck or see Richard
Redd take any liberties with the complainant—Mr.
Weston said be had other witnesses if the Beach desired
to hear them, but their evidence west similar to that
they had already beard.—The Magistrates, after con-
sulting some time with the Clerk, dismisseed the
summons, as the evidence of the witnesses on both
sides wan so conflicting.
ASSAULt—Abrsham Winter, the landlord ol the
Army and Navy beer.house, at Portland, was summoned
by Mn. Charlotte Foot, for unlawfully assaulting her,
IN turning her out of his house, on the 12th inst.
Mr. Howard appeared for the defendant. —Summons
dismissed.