The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1884-05-06 00:00:00

"LOVE NE, LOVE MY 000."

At the Police-a net on Monday, before Mr. H.
Farmer, Mr. W. S. Western, and Mr. Alderman
Curtis. Mr. John Lyon Field. a gentleman, residing
at Parkstose, was summootal for allowing • feroci tug
and dangerous dog to be at large, and not under
proper control. The complainant WM Mrs. Ada
Mary A. Stephenson, livtog at the same place.
Mr., Traver' was for the oomplainaut and Mr
Budge for the defendant.
Mr. Travers, in opening the case, said the facts
were of • very simple eh—racier. A lady. named
Mien Godolphin Osborne, on the previous Toe-day
was out walking wito a number of small doge, among
which was one,_ be believed, called • Dandv•lameot,
belonging to Mr, Stephenson. Is her walk she met
the defendant, who was accompaaled by hie dos, of
which she had previously beard as being of • ferocious
character. She took up the smallest of her doge in
her arm., and called the t there to her, telling the
defea'ant to keep his dog beck. He, however,
attain, ted nothing of the kind, although he might
have restrained it by taring hold of its collar. The
defendant's dog then rate tit the Dandy•Diment, took
it lofts mouth, shook it, an I then 101 l twed it 1141,1111
the road and rave it a severe bite, from which it bad
since died. His client had written to the defendant
to have the dog put under reetreint, bat nothing had
been done in the matter. He (Mr. Traver.) would
produce the certificate of the veterinary teurgeon show.
log the carps" of desth—(Mr. Budge ohjected)—and
he had also a witnew who would prove that on two
other occsdons this dog had attacked smaller one.,
and he believed the only reply the defendant made
to the reprementations made to him was that it wan
the little doge that c immenced it, and not hie, anti
that little dogs were annoying. All he (Mr. Tourers)
could say was that big dogs were often very annoy iog
and so were their owners. (lesughter.) Ho then
called

Mo. Emily Godolphin Osborne (daughter of
"5.0,0.)" who said on Tuesday last, about sic la tbe
evening, else was out for • walk with four dogs,
two of which belonged to Mrs. Stephenson. She met
the defendant with hie dog, and in ornesquenca ..f
what she had previnuely heard about the lot, she
called her dogs to her and picked up the emalleet is
her arms. Mr. Field remained etanding in the road,
and she raid to him "I am afraid of your dog, it has
• bad character." He raid "If it has it has been
maliciously give..." Mr. Field .111 not atternp: t
restrain hie do:, and it th .a ran at the Dandy.
Diment and stole it like a rat, mil It thou mimed
it through Mr. LoSitleS gate and bit it in the throat.
Cross-examined Tim little dog did not run altrar the
big one ;there well no prosonatioa of any sot.
He-examined : Most deciJedly she was afraid of the
dog.
A lad, named Robert French, said he knew this dog
of Mr. Field's. About two weeks ago he saw Mr.
Field coming up through the elation gate with it, and
he saw it throw down Mr. Siinmontle' dog and bits
it; Mr. Field's dog first attacked it. He had also wren
It attack another dog, but be did not know the man
to whom it belonged. He warn culli it was the same
dog aa Mr. Fold now had.
Cross-examined: How loan wart this ago? I bain't
sure, but I guess about a fortnight.
Mr. Budge: We don't want any guessing here.
Mr. Curtis: Tell as within a .lay or two.
Wit,...: Well I can't tell 'se any plainer than I
be. I guess t'were about • fortnight ago.
Mr. Budge then submitted he bad no case to &n-
-ewer ; at the same time he would remark that no"..
regretted that untoward accident more than Mr.
Field did. But the mere fact that thin dog took hold
of a smaller one and choir it violently did not bring
the animal within the meaning of the word .lengerous.
Under the section the word ria..geroua, he contanded,
implied that the animal must be dangerous to the
public at large. Supposing they (the Bench) ruled
that, in oon.equenos of tists dog having met with an
untimely death—(laughter)—the defendant'. dog was
to be considered as coolies under tb• category danger.
one, then he presumed that if • lady chose to walk
about Parkstone with a number of cats. and • d.
killed one of them, then they would apply the same
rule, which would be preposterous. Why even in the
came of a dog killing sheep they bad bowl obliged to
have a special Act.
Mr. Trove,,: Now, Mr. Budge. there is no special
Act. Please do S 4 you have t 'ld me to do—tell the
trmh. In the case of. dog killing sheep, there Is oo
necessity to prove that the owner knew it WU (Wiser-

--
Mr. Budge: lii, there is a 'rend Act.
Mr. theirs: And I say thin is not, don't attempt
to bring forward an Act of Pwliantent that dues n..t
exist. _ _ _

--Mr. Budge :I shall not. 'shall leave that to you, my
friend. (Laughter.) If one is to be held liable for
these sort of things no one who kept a large dog
would have • moment'. pawn. It was true the
defendant's dog did mutilate the other, but he would
versommilch like to know what was the real cane, of
it.
Mr. Travers objected to his friend patting the thee
before the Bench in that way, an I supprewing •
part of the evidence—he had proved three 01111•8 lo
which the defendant's dog bad attacked others.
Mr. Badge : Then why vim no complaint made by
Mr. Sherwood, or the other man I (Addressing the
Bench) I bays carefully endeavoured to look up
" mien" besting upon this, and the only one I can
find that has the least reLation to it is contained in
the 214 chapter of Erwin., 35th verse, which deals
with the case of one on killing another. (Much
laughter.) This wee at the caw of a dog which
had been in the habit of flying at horse and thereby
umbel the death of a lady, where the owner was
pr beide bell re.p ,cuible, but this wee nu
'0 acti Mat t, • rmall g •gaie..t wish,
aa • role, big hold antipathy. He called
Edmund Plummer, gardener to Mr. Field, who
said he had bee. in the habit of taking ”iit this dog
except on Sundays. (Mr. Bug.: When I sup-
goee to church.) (Laughter.) He had
it attack any parson; to general character was Ott
of a quiet dog,
Mr. John Dutton, "dog doctor," as he described
himself, at the Bournemouth lafirmary, said he had
seen the dog three times. (In beitir ask-d if in his
opinion it was a quiet dog. Mr. Travers obj-ctecl, and
M. Bodge withdrew the question. He however said
there was no sospiciou of rabies about it.
Mr. Traver. remarked they had never hinted there
was. Had there been it would hare made the caw
worse. (To Mr. Badge.) Du you call Mr. Field?
Mr. Budge: No.
Mr. Traver+ : And very wise too.
Mr. lodge: Why.
Mr. Travers Seesaw I should have had to put
a few question. ,o him.
Mr. Budge Tien I will put him in the bor, after
opt Malonation.
_

Mr. Field wee then csll.d and nail on te dsy in
nueetion he was ..at with hie dog. when he met Mies
Osborne, who bad various stn•li I..gn with her. Al-
though she had eadi b• made no attempt to keep his
dog I row hers, be motainly did. It was a very quiet
dog, and played with Ma children. He had never
known it to bite any per•on.
Crom-exernioed: Did you attempt to keep it off
before or after it bed bitten tbe other do. f— As ion
of this doe baying bitten his. Ile
as I saw the scrimmage. Mr. Forbes bad COMPininNi
laid up for some weeks In ooneequenoe. He did not
tkonebwiLnPreothin'guellaibout Mr. Forbes' dog having beep
know that it had bitten • dog of Mr. Butt's.
lie-exarnined : Mr. Forbes' was the only complaint
he bad ever bad. . _ -

At tbe suggestion of Mies Godolphin °thorn*,
wito-os wee than asked, by Mr. Traver.. were you on(
present when your dog hit the other two doge ?—}le
replied, I certainly saw eons" fighting, and they maid
le them fight flout. (Ltughter,)
Mr. Bodge contended that in the case of a &meiotic
animal they were only liable if It wen known to hare
done mi.ohlef before.

Mr. Travers WI be bad prayed thst by the defeed•
sot Isboaelf.

Th. B.nch having briedy eqnsnited, the Cludrreas
mid the tossi.trate. Ware of °pillion that this dog
mast be kept under proper control, and they made an
order &reading!".

Mr. Butes I most mk for • owe. Ito the moat
absurd thing I sow heard In my fits.
The Chairman : WI don't say w• ire Infalltbk, but
that Is oar decision.

lie.d;e7iVill you make an order for the ammo
lob. givpu up
Mr. Traven : Mort decidedly.
Mr. Budge (1: the defendant): Yon can walk about
with your st.g just the same se you did before.
Mr. Fl-U: I am extremely a:wry it should bare
happened, but as lbw ladles know, there are a large
ontobse of pM doge about, and largo cum always have
aat to loan oatsk

- - -
hilo, Godolphin Claim : Net it thr/ are
brod I