The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1874-09-08 00:00:00

THE Mt '.l/ERMOTTS AGAIN.
FURTHER ARMAND.

Mr. G.lteynolds, Mr. W. Talbot, Dr. J. Drew, charged
with swindling various tradesmen of Weymouth.
The Court was densly crowded, with a most respectable
The
befneoreri 31N';:.1./f.'":l")lisn'gw(rehareinivati'mu/g,hnt ru-Pll6.gTi-ain °II
audience, and the police bad early to close the doors, and
admit no more.—Mr. K. N. Howard appeared for the
persecution, and Mr. G. B. Welsford for the defence.
Shortly after II o'clock the live prisoners were brought in.
and were at once the observed of all observers, inquiring
eyes from all parts were directed to them, and eye-glaues,
spectacles, he., levelled that way. The mother bore a
troueyes, and rather shrunk from observation. The Chairman
court; hut
appearance. ce,
threeatrbaenthree
Carthuenrigenre pb°ristnileYrs mount rodonwnted thtehier
at once directed a stool to be placed for their accommo-
dation.
Mr. Welsford said that previous to going into the ease, he
wished to bring to the magistraets' notice, circumstances,
which Neer,' somewhat surprising to him. They were
aware that on Tue.day last, he made an application to
the Bench, and obtained an order that XS should
be paid over for the defence of the Prisoner,,
out of the funds in hand. Ile had applied to the Magis-
trates Clerk, and he had applied to the Superintendent
of rolice, and he, under the pretence (Mr. weld ord was
going to say) that he had received no written order from
the magistrates, bad not paid over the £5. Thus he (Mr.
Welsford) hail been put in a very awkward position, and
he did not understand, after going there and receiving an
order from this Bench, why the Inspector had refused to
hand these funds over. He made a formal application
to him yesterday. in consequence of not being able to
obtain any satisfaction
Mr. Welsford's letter stated that he had seen the magis-
trates' clerk, who had informed him Mr. Vickery was
aware of the niagistnitee order that £5 found on the
IdeDennotts should be given up. Mr. Vickery not having
done so, Mr. Welsfonl would put on him the responsibility
of his not appearing, if he did not.
Mr. Howard: Read his reply.
Mr. Welsford read the reply of Superintendent Vickers%
the substance of which was that Mr. Vickery would give
up the 1.5 on an order in writing by the magistrates or
the magistrates' clerk. The superintendent was away
at the time the order was made, and he had been served
with a notice by the prosecution not toffee up any money.
The defence had already the large sum of ftg 13s. 2d, at
their command, and he offered the day before to put the
cheque in circulation and let the defence have £lO out of
it, and a receipt for the rust, which offer Mr. Welsford
refused. He also promised that no money should go out
of his hands, without Mr. Welsford's consent or know.
ledge.
Mr. Welsford continued that it was utterly • mistake
that he had that sum at his command ; he had not • single
penny. Mr. Vickery's letter had nothing to do with the
06.3. He could not understand why, having the order of
the Bench, any notice from any one else to their servant
should affect the subject. As regards having a written
order, it was not his (Mr. Welsford's) duty to gets written
order' that was the duty of the magistrates' clerk.
Mr. }toward said it so happened that he was out of the
way when the application was male, and this corres-
pondence had taken place while he warn away. Mr.
Welsford applied ior Xi, but a cheque had come for the
prisoners tor nearly £7O, and Mr. Vickery said "Get your
clients to endorse this cheque, and you shall have £lO out
of the money. That offer was refused, and as to the appli-
cation for Lb, Mr. Vickery simply asked for a written
order to protect himself. The letter from Mr. Vickery,
instead of its being treated as Mr. Weldord hash treated
it, was as carefully written as if it had been done in a
lawyer's office. It was SA follows
"Superintendent's Office, Weymouth,
" Sept. 4, 1374, 2 p.m.
"Sir,- I beg to acknowledge the receipt of your letter, just
received, respecting the 1:5 stated to have been ordered by the
magistrates to be given to you for the Miss MeDennotts, and
to inform you that I shall have great *were in giving you the
above-nansed sum, if an order written by the magistrates or
the magistrates' clerk Is given to me. As you know, I was
away from home when the order was made, and I have been
@cried by the prosecution with a notice not to give up the
money, as you have already the large stun of £ll7 13s 51 at
your comuund. I offered you yesterday to put the cheque In
circulation at inice, and let you have £lO out of It and • receipt
for the rest, which offer was refused; but I promise you now,
asl did yesterday, no money shall go out of my hands without
your consent," ac.
Mr. Howard continued that by airline • name they had
the power to have Lit) Matsui of £5. The letter went on
to say the writer would assist in any way thought just
to get the order signed by the magistrates, so that Mr.
Welsford could not say he was refusest the money. Ile
(Mr. Vickery) would that evening see the magistrates'
clerk, awl would be at his office till 11 p.m. So far from
Mr. Vickery being in fault, Mr. Howard thought it was
quite the other way.
Mr. Talbot said nothing could be fairer.
__ • ..

Mr. Howard said the application we made for eoer-
taM object They all knew hie friend, Mr. WeWord's
position wi a gentleman, an owner of property in Wey•
awl would not have kept him hack from
defending the iaoe

Mr. VeWonl i 1 Mr. Howard's statements, so far as
they went, might be correct; but it would have been
simply outrageous for him to have asked, the ladies to
have Figned the cheque. If they had sign.l the cheque,
they might have been put in • position to answer for it
criminally. He told Mr. Vickery at the time that it
would be of no use for them to sten the cheque.
Mr. Ayling : Our clerk will tell no if we are right in
withholding the money. •

Dr. Drew We dii not withhold it we gave an order
that it should he paid, and I do not see how the Bench
can stultify their own licit. On Tuesday we were asked
to make an order that .f:5 should be paid over out of the
money found on them, and we made that order.
Mr. Ay :As far as I myself am concerned, I should
ohiect to advancing any money. This is a most serious
ch!rge:!f.tealln.

Mi...-Weisfo-r;i7t)u the strength of the order so riven
by the ina,:istrotes. I have incurred expenses. for I
believed that the order of the magistrates, so given, would
have been carried out.

—fir: Drew: Fiu-n—Vound in eelf-respect. to sign that
°Pier, if it is placasi before inn, for the f. 5 to lie paid.
Mr. Ilowani : I consent to the £5 being given up; but
we ask for the order to be in writing.
Mr. Talbot : Nothing was staid to on about the cheque
when the order was ingsle.

Mr. Howard : They have stopped payment of that £g7,
and the money is still due to them. I should like for Mr.
Vickery to go into the box.
Supt. Vickery said the cheque was sent there; he
opened the letter, and save the prisoners a receipt for the
cheque. All ho wanted as to the £5 WAS a written order
to bold him harmless, for he was a trustee both on behalf
of
.the prorention and the defence.

It was decided by the Bench that the £5 should be paid
over to the solicitor for the defence.
Mr. Welsford said he would willingly give the 01 2s,
he should charge for conducting the defence, towards the
bells of Christ's church—faPplause).
Mr. Welsford asked to see the depositions on which the
prisoners were apprehended.
Mr. Howard had another application to make; he was
going to ask the Bench to remand the case again and he
would give his reasons. After the last examination, the
Superintendent went toJeney,and the result of his inquiries
IV AS that he found that one or two of the prisoners had
been in prison, and that one had only come out of prison
in December last. The preeecutinnitad subprenaedl the
Governor of the gaol, and he was to have come over night;
but A telegram had been received from him to this effect
"Severe storni—sea mountsdas high—cannot come over in
aich weather." He would, in the absence of this witness,
like the ease adjourned till Wednesday. In the evidence
be should set before them, he should have to prove that
the prisoners were parties without means. When he said
that, he did not mean to say they were without* shilling;
but according to law, if • person had only £5, and he
bought Cl,ooo worth of silver, he would still have bought
it without means. He should hare the governor of the
gaol here to prove that, if the weather bad not been so
boisterous. The prisoners could not be in any shape or
form prejudiced by the remand. It was simply& question
whether they would prefer to remain in the police cells at
Weymouth or go to Dorchester, but if the remand were
granted, his friend Mr. Welsford would Ise able, with the
£5 he had to get up his defence, and he (Mr. Howard)
would be able to prepare the case for the
_prosecution.
Mr. Webifonl said he should certainly object to the
application for a remand ; but before entering into
particulars he should like to see the charge upon which the
prisoners appeared before the Court.
Mr. Arden said—for swindling several tradesmen of the
lawn. The first case was that of Mr. Poole, and he under-
stood the prosecution intended to bring forward a large
number of witnesses,
Mr. Webiford said he should ask his friend to define
what he meant by "swindling," because that was • very
indefinite term. Mr. Howard stated that he was /Mini
to bring forward certain evidence for the prosecution,
and he (Mr. Welatord) WY entitled to know the charge
that he might he enabled to address the Bench as to
whether the evidence was material or not. He did not
believe it was material, and believe he should he able to
ehject to it ia tote, and to show that it was inadmissible.
There was now one charge before the Beech, at least he
knew of but one, and he should ask his friend whether he
intended going on with the evidence relating to it.
Mr. Howard said that it was only for the sake of the
prisoners that he did not intend going oa with the
evidence. The present charge was that of obtaining goods
by false pretences from Mr. Poole. To substantiate that
charge his case would be that they had represented them-
selves to be persons of considerable means ; but the result
of enquiries had been to show that as far back as
PM they were inmates of • prison. One of them was
now" Wanted" for hundreds of pounds. Another had been
In gaol for four months. He was putting this in the
least objectionable manner when he said that if prisoners
had been persons ,1 means they would not have remained
in prison so many months. The governor of the gaol and
other witnesses would come forward and speak to these
facts, and such evidence would lie brought forward as
would cause the Bench to consider this was a case that
should go before • jury. He found one of the prisoners
was in gaol in IteU and lea another in 1273. and she
remained so late AA December. Yet, having only quitted
gaol a few months they came here, took& certain position,
and bought goods, and even destroyed them, without
having a chance to pay. Under these circumstances, be
asked for a remand till Wednesday.
Mr. Welsford said that, as to Mr. Poole's evidence, it
did not affect the ease.
Mr. Ayling : If the Bench decide to grant a remand,
when will you be prepared with the case I
Mr. Howard On Wednesday morning, I believe; I
cannot control the weather.
Mr. elsforil : I put it to the magi W strates' clerk that
the evidence which Mr. Moulted shadows forth is not
evidence to justify • committal.
Mr. Howard: 'What ! nut evidence of these people
having been in prison
Mr. Arden: You will find it very material evidence, I
expect, if the prosecution bring forward evidence of their
basing been in Jersey prison.
Mr. Howard: I can prove that one of them was in
prison from lee to len
Mr. Welsford : The whole of those cases have been
settled under the Act.
Mr. Howard: Why : one of the prisoners is badly
wanted now. And we are getting fresh evidence every
Welsfonl : That is, I suppose, the meaning of your
making for • remand.
Dr. Drew : Well, Mr. Uelsford, perhaps you will be in
a better position for the defence.
The prisoners were then remanded until Wednesday.
Mr. Howard : We are ready, as far as the cheque is
concerned, I state it here in open court, for that cheque
to_be cashed. .

-iVeja.lord : Why should the prosecution be so
anxious to take this money into their hands; It forms
no part of the
llowardc:VY should it be taken by the priaoriera,
when there are debts due
Mr. Ayling : The case stands adjourned until Wednes-
day neat, and we hope in the meantime, Mr. Horrani, you
will be fully prepared with it then. I sun sure the
Bench will du all they can to carry out Amu., between
the parties.

M.
: Would the prisoners prefer remaining
here or being remanded to Dorchester
Mr. Avling : Put the question to the ladies.
Mr. Welsfonl : Will you allow me to speak to them I
The prisonert selected to remain in the police station.
Supt. Vickery: They can do as they like but I do not
want them to complain of being kept in a close
Mr. Howard: While they have been staying hoya. M.
Vickery has allowed thaw to have their provisions

from outside, and they have spent mornething like Ma.
With a granted out of their EL odd, it must be under-
stood we cannot go on like that
Mr. Ayling : The prisoners must understand this case
stands adjourned until Wednesday next, and they have
permission to remain below until that time, as we do not
intend to send them to Dorchester.
They were then removed.

John Edward Beans well broil:Mt up for assaulting • lad
named Harry Warren --liefeniant iv • man win, goes about
'Mowing fists of strength at loarracks. —Harry Warren said :
I was on the Bridge the other side of Ttinity Church, when
prisoner followeil me sad struck me serum, the shoulders with
might hurt melt
• large stick (preduced) lwainig • tank; he cuniod at me and
...ykod sway Prisoner said the teiys were Atoning each other,
ociti'derh,olut‘i'dkithtchrat thenyotarustd'rri ''''''''''''''''''''''''''' he never threw
any vtonew until the prisoner struck him.- -Frederick Richards
said * snot, thr„,,r a .t..no flyer the Bridge alter the man was
gone. 'This was altar the Man had struck him with • stick and
knocked hies down. Warren said nothing to the man-Bus.
Vickery said last night the lad mime sod lodged a con
%Wrist defendant for striking him with • stick. W tnews
examined the boy's arm and found • red mark screws his
shoulder• Witness saw prisoner at the office, and locked him
up because he would not give any saarain lie woe not drunk.
Prisoner said he had 40 blows with stones. —The Bench fined
him la. Including costa—Hr. Ayiing noticed that throwing
stoma shout the streets was an illegal act, and if any one were
hurt, the persons who threw the stones would be sererely
punished.