The Poole Telegram. — 1880-08-20 (Poole, Dorset, England)

YEOVIL.  TSP. COLMERS' SENTENCE COMMUTED. The recommendation to mercy by the jury, which was handed in written after their verdict, was as follows :—" We strongly recommend them both to mercy on the ground of their age, and also on the ground that death was accelerated by the journey by train, and by the deceased having to ascend three flights of stairs on her return home." The Sherburne Jcurnal says :—" 'We do not desire to say one word to palliate the guilt of the convicts, or to lead the publi to look on their crime as other than most odious and dangerous: but we would help to give effect to that recommendation of the jury which the judge who received it crumpled in his hand, and made no allusion to! The jury, rightly, held the case proved, but considered that the character of the offence did not call for capital punishment. It may be said by the judge,—` That is my concern. You are assuming my functions in endeavouring to mete out the punishment.' But it may be retorted that when judges dictate to juries the verdicts they must return, and  refuse to receive a verdict of manslaughter instead of murder, they are usurping the province of a jury, and are provoking a conflict .between judge and jury that may be expected to issue in. perverse verdicts. The pre. sentment of a jury is entitled to respect, and no judge can be justified in crumpling up a recommendation to mercy in a capital conviction. If that recommendation rested with Mr. Justice Hawkins there would be little hope for the condemned ; but the Home Secretary should be made acquainted with the fact on which We have commented, if any petition for mercy goes up. It will be seen that the Warwickshire herbalist, who was left for execution under precisely similar circumstances, has already been reprieved, and it may, therefore, be hoped that like clemency will be extended to the wretched culprits in Taunton Gaol."  The prisoners were removed to Taunton last week arriving early on Monday afternoon. They rver; accompanied by a male and female warder, and happened to arrive just as the platform of the station was crowded with excursionists. Robert S. Colmer was handcuffed, and the warder walked by his side, Mrs. Colmer wa-: prostrated and miserable, and seemed scarcely able to walk, while she was supported by the female warder. The prisoners were obliged to be taken through an inquisitive crowd. On Saturday a communication from the Home• office was received at Taunton, commutinz the sentence of death on Ribert Slade Colmer and Jane Colmer, who were convicted for the wilful murder of Mrs. Budge, at Yeovil, by an illegal operation, to one of penal servitude for life. In addition to what has been stated in the newspapers on this all-absorbing case, the following particulars have not before appeared. The unfortunate subject of the previous enquiry at Yeovil, and subsequently at rAunton, Elizabeth Fox, was a fine young woman from Broadmayne, who had been in respectable service at Rimpton, in the vicinity of the pri. soner's residence. The solicitor for the prosecution was Mr. Weston, of Dorchester, the late Mr. Fear, of Sherborne, being retained for the defence, and it will be remembered that it was whilst proceeding on a professional visit from that town, to Colmer's at Yeovil, the fatal accident occurred which resulted in that gentleman's somewnat premature and sudden death. The Miss Davis referred to in the Telegram, mentioned in the evidence of the Bristol Inspector of Police, was well-known in Weymouth, where she lived with Dr. Colmer, Jordan House" being the name of their establishment, and it was on the east aide of the well-known Chapelry stairs. Miss Davis achieved considerable notoriety, her name appearing in the magisterlil and registration courts. She was a granddaughter of the late Samuel Wortbury, Esq., of Templecombe, and at one time possessed some property under his will.