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Surprising Dorset Courtroom Verdict

 

Such was the sympathy among Dorset folk towards smuggling that sometimes in the Dorchester Courtroom there were unexpected legal results.

Two Dorset men, James Adstock and William White who were natives of Portland appeared before Justice Sir Stephen Gaselee at the Dorset Assizes in July 1826. They were charged with making signals to smugglers at Chesil Cove, on the Isle of Portland, which provided the bootleggers with the opportunity to make their escape from the pursuing customs men. It was a clear night.

It was reported in the Dorchester Courtroom that the two men were loitering on the beach at around two o’clock in the morning and were heard whistling extremely loudly when they espied two customs officers approaching. Upon hearing the sound, a boat carrying five men quickly departed the shore. They had been seen handling some barrels. After the arrest of Adstock and White, the officials, John Walpole and William Murd discovered 19 barrels of brandy, rum and other spirits nearby. They also observed that the clothes of the prisoners were wet.

In Court, the defence counsel suggested the men in the boat were merely fishermen and that the two captives were simply whistling for their dog. It was said if a man just coughed this could even be misconstrued as a signal to smugglers. Justice Gaselee commented that he had listened with pain to some of the arguments put forward by the counsel for the defence.

After a brief recess, the Jury astounded the judge by returning a ‘not guilty’ decision. Gaselee challenged the Jury questioning them as to whether they had made the right decision. The Jury Foreman responded by confirming that they felt they had come to a just decision. He drew attention to a difference of opinion between witnesses which meant that the Jury could not convict either of the prisoners. Gaselee noted that the decision had been taken based on one witness saying the incident took place at half past one and the other said it was at two o’clock.

So, with extreme reluctance, Sir Stephen Gaselee released the two prisoners. Six years later, the same judge would sentence Sturminster Newton’s Richard Bleathman and Blandford’s George Long to be hanged in Dorchester Gaol for their involvement in the Blandford riots. Fortunately following petitions for clemency, they were instead transported to Australia.

(Source: Sherborne Mercury - 22nd July 1826.)

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