The Sun.
London, England, 1850-03-18 00:00:00

WESTERN ClRCUlT.—Dorchester, March 15.
CIVIL SlDE.—(Before Mr. Justice ExLE and a
Common Jury.)
WARING V. MARDER.
Upon the jury being called in this case, the chal-
lenges were so numerous that the panel was ex-
hausted, and the parties agreed to try with 10 jury-
men only.
This was an action for debt in penalties. The de-
claration stated that on the 80th of October, 1848,
one Charles Way was a burgess of the borough of
Lyme Regis ; that an election of town councillors
took place on the Ist of November; that different
parties were candidates, and that the defendant
effered to corrupt Charles Way to vote for himself by
promising to pay him as a reward a day's work. The
defendant pleaded that he did not owe the debt.
It appeared that the plaintiff was an attorney at
Lyme. When the party came into power in that
borough the old town clerk was turned out, and the
plaintiff was appointed to fill his place. In 1848 the
other party had the majority, and the plaintiff was
requested to resign his office in favour of an-
other gentleman. At the election in 1848 the de-
fendant, who was a most respectable surgeon in
Lyme, was a candidate, and it was alleged that
the day before the election he called on Charles
Way, who was a shoemaker at Lyme and a voter, and
" Way, if you will come down and vote for
us to-morrow, you shall be paid for your day's
work." The voter went down the next day and
voted for the defendant, but not for his three friends.
An action was then commenced against the defendant
under the statute of sth and 6th William IV., cap.
76. The 54th section of this statute declared that
any person who should offer money or attempt by
promises to corrupt, or offer to corrupt any voter,
should forfeit the sum of 501. ; and, in addition,
should be disabled himself from giving any future
vote, and from holding any office during the rest of
his life. The case rested entirely upon the evidence
of Way, a shoemaker, and his wife, and they stated
that the day before the election the defendant came
to their house and said—" Way, if you will come
and vote for us to-morrow, you shall be paid for your
day's work.",
In cross-examination, it seemed that Way had been
earning very little money for a long time ; some-
times not more than 2s. 6d. a week. In order to
come to these assizes he had ridden in a cart to
Bridport. He had then walked and ridden to Dor-
chester. He did not know in what he rode, but he
and his wife were picked up on the road.
He supposed the coachman knew him. He did
not know what carriage it was. It had not any
name painted on it. He believed it was a gentle-
man's.carriage. It was Captain Bennett's carriage, of
Lyme. He did not know how many persons there
were in it. He believed the coachman was outside.
After much pressing, he said the plaintiff was on the
box of the carriage. They were brought in the car-
riage to the top of Dorchester-hill, when they were
turned out to walk into the town, and Mr. Waring
got inside the carriage. He owed some rent, and his
landlord wished him to pay him, but he (Way) said
if he had any money of the plaintiff it would throw
the calve.
Mr. COCKBURN, for the defendant, said this was
not an action brought in consequence of the result of
the election having been brought about by corrupt
practices, but for the purpose of gratifying the miser-
able, contemptible, vindictiveness and spleen of Mr.
Waring, for having been displaced from his office.
1-14 then asked the jury whether they could believe
such a man as Way ; if not, they must find a verdict
for the defenda2t.

Mr. Justice SALE, in summing up, observed that
all depended upon the credence they gave to Way and
his wife.

The jury returned a verdict for the defendant.
March 16.

CROWN COURT.—(Before Mr. Justice Tar,
FOURD.)
John Brake was indicted for the manslaughter of
William Allen, on the 20th of February, :at For-
dington, by striking him on the head with a stick,
thereby giving him a mortal bruise and fracture of
the skull, and extravasation of blood on his brain, of
which he died on the same day.
Mr. Phinn and Mr. Karslake were counsel for the
prosecution ; and Mr. Cockburn and Mr. Stock for
the defendant

The prisoner was a very handsome respectable•
looking man. The utmost excitement was produced
by this trial, and the crowd in and around the court
was immense.

This matter arose out a meeting of Protectionists
held in this town on the 20th of February. The
meeting was a very large one, composed of landed
proprietors and farmers. They first met at the
Town Hall, and then adjourned to the riding-school
bf the barracks, at the top of the town. A vast
number of Free-traders and boys also attended the
meeting, but the clamour they made was so great
that they were expelled. The mob, as they were
termed, then threw stones in such a way that the
farmers sallied forth, and with sticks beat off the
assailants; and no doubt Allen was struck and killed.
The question was, whether the prisoner was the per-
son who hai inflicted the blow.

The following was the evidence adduced for the
prosecution :
John Bishop—l am a grocer, residing in Dor-
chester. I was present at a meeting convened by the
sheriff on the 2Gth of February. It was held for the
purpose of petitioning Parliament to restore protec-
tion. It was first held in the hall, and was then ad-
journed to the barracks. Some gentlemen addressed
the meeting. About 800 persons were present. The
speakers were interrupted, and eventually certain
persons were expelled from the place. I saw no
weapons but sticks. I saw sticks used in expelling
the people. Stones were then thrown through the
windows of the riding-school, in which ;the meeting
was then held. The meeting broke up about four
o'clock. There was a crowd outside the barrack
gate. Stones were thrown. The body of the meet-
ing came out and drove the people away.
Cross-examined—l am like you (Mr. Cockburn), a
Free-trader. Thespeakers were on the other side.
There was considerable interruption to the speeches.
I hard a voice say, " Turn them out." There was
immediately an affray. Stones were thrown to such
an extent into the riding-school that it became neces-
sary to adjourn the meeting to the barrack-yard.
There were plenty of stones in the neighbourhood,
and a vast number was thrown. The sticks were
common riding-sticks.
Thomas Hardy—l am a shoemaker at Dorchester.
I knew William Allen. He was apprenticed to a
tradesman in this town. I was at the meeting in the
barrack yard. When it broke up I saw the farmers
come out of the yard. Stones were thrown. The
gentlemen of the meeting rushed towards those per-
sons who were throwing stones. I then ran away.
Whilst I was running I saw the boy Allen going the
same way I was going. I saw a farmer come along
and knock Allen on the head with a stick. The pri-
soner is the man who struck him. He knocked
Allen down. I said to the prisoner, " You have been
up and killed that chap." He made no answer. I
went to the boy, who was on the ground. He ap-
peared to be in convulsions. I saw the prisoner
corning along beating the people with his stick.
Cross-examined—l ran away, because I was afraid
I should have my brains knocked out. I had thrown
one stone. I did not throw more than one stone. I
did not hit any one with the stone, because I could
not throw straight enough. The prisoner had on a
brown coloured over- coat.
Re-examined—Allen was deformed. lie was
shuffling along, away from the barracks, when he was
struck.

By the Jury—There were several farmers follow-
ing the boys. There was but one farmer who fol-
lowed Allen.

By the JUDGE—AIIen was about twenty years of
age.
John Fitzsimmonds—l am a sergeant in the Artil-
lery. I have been stationed at Dorchester fire years.
I was at this meeting and saw it break up.
Stones were thrown at-the farmers as they came out
of the gates. Some of the farmers rushed at the
persons who were throwing stones. I knew Allen.
I saw him near the Bridport-road. He was running
towards the road. I saw the prisoner strike him on
the head, and fell him to the ground. Allen when
on the ground, kicked him tremendously. His eyes
rolled in his head, and the blood came from his nose.
I had seen the prisoner in the barrack-yard before
this. When the farmers made the charge I got a
blow of a stick myself. I had known the prisoner
before as a farmer coming to the town. I take par-
ticular notice of the farmers. I was running as fast
as I could when the boy was struck. I said, "It's
out lights with you, my lad." I said to the prisoner,
" It's terrible bad work, this, Sir." He made no
reply, but looked very much excited. The farmers
edsireccatimones.in
like
hail-
Cross-examined--1
tp preserved s ebravde ds
ohme
er
Majesty's property at the bar
were
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opursuings
se x a r
ei
nt
eh
de olyls
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stones, only they were very
rlaarcie.
s,
trouble to do it. lam sure I saw the prisoner in the
riding-school before they pulled the waggon out. I
am in the recruiting service. I have taken ro active
part in this matter. There was a regular fight. I
never saw a worse in Ireland. I ran, to get out of
the way, but I do not belong to the flying artillery.
There was not a man among the running mob that I
would have enlisted ; they were all little fellows ; we
want tall, good-looking men. I was about fifteen
yards from the prisoner when- he struck the boy. The
weapon appeared to me to be a whip with an iron
handle to it. I attend the markets and fairs, and if
I see a man who would suit the regiment I keep a
pretty sharp eye upon him. I was out with the hounds
the next day. I said it was a rough concern. I said
I saw the man strike the boy, and that if I saw the
man again I could swear to him among a hundred.
Mr. Longman did not ask me what sort of man he
was. I did not say he was a man about 5 feet 10,
with grey whiskers and grey hair. Mr. Longman
did not take off his hat and ask me if this man's hair