The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1860-07-31 00:00:00

NISI PRIUS COURT-TITIESDAT.

Watts v. Mal.- Mr. Kingdon wan for the plaintiff,
and Sir F. Skate and Mr. Stock were for the defendant.
This was a chancery suit. and the case had been Rent
down by Vice-rhancellor Stuart, to he tried by a jury.
The question at issue was the validity of a will, alleged
by the defendant to have been cure uted by Thomas
Butcher, formerly of torscombe, blacksmith. It ap-
peared that Thomas Butcher was twice married. By
the first wife he heal a daughter, named Unity, who at
the time of his death was mnrried to William Watts,
and was his heir-at-law. His second marriage took
place in Icily, 1815, to Mary (lead, a widow, by whom he
Lad no living issue. Plevious to his marriage heexecnted
adeed of settlement, givingthe life interest of ahoutthree
acres of land, called Smith field, liesuntnater, to his in.
tended wife, Mary tied, and appointing John Hearne
Barrett and Samuel lAronnbe as trustees ender the
settlement. Thomas Butcher died in March, 1815, eight
months after his marrime with Mrs. ("teal, and his
daughter, tint', Watts, died in the December following,
leaving plaintiff, her eldest son, as heiroat.law to the
Property. Upon the decease f Thomas Butcher,
the widow, Mary Butcher, formerly Mary
tied, was let into possession, or into the
the receipt of the rents and profits of the pieoe of land
anal premises, and she continued in such possession
until her decease, which happened in the month of
September, 1845, Subsequently to the death of her
second husband, she married a third husband, named
John Swatridge. During her life, she frequently stated
that her second husband, Thomas Butcher, died intes-
tme, and that at her death the plaintiff would be
entitled to the land anal premises in question; and it
was alleged also that the defendant, who was her elale.t
by her first marriage. frequently made a similar
statement. In the year 1845, however, the defendant
for the bust time alleged that Thomax Butcher made a
wall, dated the 15th of September, 1815, two months
Ohm hill marriage with his (defendant's) mother, where-
by he devised the piece of land to his wife Mary
Stitcher and the defendant, purporting to act on behalf
of I la in 1845, instructed Mr. Day, of lirialport.
solicitor, to apprise John Hearne Barrett and Samuel
larcombe .ot there being such will, and apply to them
to surrender the of land and premises to his mother.
Mr. Day then went to see defendant's niother, and on
telling her his business she said she knew of no will.
He then showed her the will he had had from her son,
and she said she had never seen it before, and that her
mogul husband, Butcher, never left any will,
and she would have nothing to do with it. Mr. lAty
then showed her the deed of settlement, and asked
her if she had seen that, and she said she
had mar ',so.. HP Own asked her if she meant to say
that her 'a. Butcher, never left any will,
and she said M. not. He then turned to the son,
and Raked him where he gait the will, and he said he
meld not tell. Mr. Day expressed his surprise, and
told Mtn he surely know where he got at, and he
then said he found it in an old box. Mr. Day then said
he would like to the will to Mr. Hiron, who hal
been the clerk to Mr. Russell, as the will
*al "Us to nave been drawn up by him.
He then left the house, said when be
had mounted the which he rode, Mrs. liwatridge
came out, and said there was no will of her second hus-
band, and she was afraid that Cites (the defendant)
"mad get into about it. Defendant, on hearing
her Rieke the said," How cant get into a mess
--they are both - Mr. Day then went bask to
Seauunster, and saw Mr. Warden, and he said he did
not believe that the signature wu that of Mr. Cox. He
Sift Saw John %troth and banana Laronnbo,

mother,

piece

Thom-u-

evrr

Thomas

most

show

,rna!'sgi°l

horse

troubl—e

remark

de ad.'

limas

the trustees who declined to act upon the alleged will and
surrender the land and premises, one of them plainly
asserting his belief that the will was a forgery. Be
(Mr. Day) saw Clod again, and told him he must
decline to have anything (unbar to do with the matter,
and added that he was afraid defendant would, as his
mother had said, "get into • mess about it" if he
proceeded. Mr. Barrett died in November, 1852, and
after his decease Saniuel Larcombe, who is uncle by
merrier) of the defendant, was induced, upon the
application of defendant, about the month of
Frebruary, 1855, to make a surrender of the land and
premises to Mary Butcher—then Mary Swatridge, for
her life and assigns for ever, according to the custom of
the manor. Shortly after the surrender was made to
his mother, the defendant procured her to execute a
will whereby she purported to devise the piece of land
and premises to the defendant, absolutely, and by
virtue of such will, procured himself to he admitted
tenant to the land and premises, and now, since his
mother's death, claimed to be absolutely entitled
thereto. Application had been made to him by the
plaintiff, but he refused either to give up
possession of the property, or pay any rent. A number
of witnesses were called, who said that they had heanl
defendant's another say that her second husband had
never made any will, and that no will existed; that
Giles, her son, was doing something to get possession of
the field, and that she Was afraid he would get into
trouble when she was gone, and get into prison again
as he had been before. She also complained that de-
fendant used her very cruel in keeping her abort of
food, and that it would be bad with hint when
she was gone, for that the field would go into the
possession of the plaintiff ; end furtlior that de-
fendant wished to do something about a will, hut
that she would have nothing to JO with it, for so will
existed.—Henry CO; was also called to prove that the
name signed Daniel Cox, as one of the attesting
witnesses to the will, was not in his brother's hand
writing, but the same witness, on looking at the words,
" Daniel Cox" written by Sir F. Slade, said
he believed that was his brother's writing.—
Elizabeth Legg, who had often seen her uncle,
Uriali Eastment, sign his name to documents,
was also called to prove that he never signed with •
mark, as showing the improbability that the (Toes of
the other attesting witness to the deed was that of her
husband. The plaintiff consequently charged the defen-
dant with well knowing that Thomas Butcher never
did execute the alleged will, whereby be devised the
land in question ; that he well knew he died intestate,
and that the plaintiff was entitled to the laud as heir-at-
law.—On the part of the defendant, Benjamin Cox, of
Baker's-hill, was called, who expressed his opinion that
the signature of one of the attesting witnesses to the
will was in the handwriting of his uncle, Daniel Cox, a
butcher, and who used to attend the Beaminster market.
It was more like his than any one's else ha knew. He
was not himself acquainted with the testator, but he
had often heard his uncle epeak of him—William
Curtbi, an innkeeper, at South Perrot, said he had
seen Daniel Cox sign his name several times, and he
saw him sign his own will. He did not take much
notice of the signature, but he believed that the signa-
ture on the present document was that of Daniel Cox,
as spoken of by the last witness; and a third witness,
Robert Hiron, formerly a writes in Mr. Rassell's office,
expressed two opposite opinions—first, that it was Mr.
Russell's writing; then, that it was not, and again, upon
further consideration, that it was (lox's signature.
The evidence adduced in regard to the mark of Uriah
Eastman, some perish boots were produced, in which
he had signed his name, but ea one occasion, at a public
meeting held in March, 1815, there was some writing
in the book as indicating Eastman as being present in
his position as parish officer, and that, at the end of
such writing, which was not his, there was • mark.
With regard to the testator's writing there was no direct
evidence, but the deed of settlement and the will were
produced, and the jury had the two documents to judge
from for themselves. With regent to the disposition of
the property, the defendant was himself called, and he
said that sonic years since, lie could not tell how long,
it might be ten or twenty years ago, he looked into his
mother's box, which was kept in her bedroom, up stairs,
and that, on lifting up the lid, he saw a bundle of
papers. Ile took them out, and carried them down
stair.. Being • cripple lie could not untie the string.
He asked his mother what the papers were about. She
told him it was Thomas Butcher's will, and he, being
able to rend • little, read the name of the testator at the
bottom. His mother told him that Thomas Butcher
gave it her, and she would give it him. He, • few
days afterwards took it to Mr. Day, at Beamiuster, who
afterwards tnille to bill 1110theeu bowie, and on leaving,
said lie would like to see the trustees before lie drew up
his mother'. will. The trustees objected, at first, to
make the surrender, and it was not until one of them
was dead that it was iniule.—liaac Daniel, surveyor,
said that he lodged at the house of defendant's mother
for some time in 1839 while surveying the parish. He
told her he had been surveying Beatuinster parish, and
'she said she had • field there. He told her he knew
she had, and she said it was left her by her husband,
Thomas Butcher, shortly before he died, and that she
intended to leave it to the defendant as lie was such •
poor cripple.—Other witnesses were also called to prove
that defendant's mother had spoken of the will at
various times years before, and it was argued that the
reason it was not acted upon before by tier was, that
having already a life interest in the property, it was of
no personal benefit to her to do so.—A large number of
witnesses were celled on both sides, and the learned
counsel addressed the jury at great length. The Judge
then summed up very minutely, and the jury retired
to consider their verdict, and remained togeVer till 9
o'clock the next morning, when they found for the
defendant.

Wevaoirrn.— Tea Meeting.—On Thursday last a
public tea meeting was held in the vestry of the
Wesleyan Chapel, after which the sum raised at the
recent bazaar was stated to have reached about £312.
The object of the movement was to pay off an
existing debt on the chapel, which will now be ac-
complished. We underatand that the Wesleyans of
this town are about to engage an additional minister,
and as their present chapel is becoming far too small
to accommodate its attendants, they are also looking
about for an eligible site for a much larger and
more commodious place of worship.
Timahv Ritscot.----On Tuesday lait a party of
ladies and gentlemen took a trip in a small sailing
vessel belonging to Mr. PothecarT_Lound to the
south of Portland. On coming oft Much Hope,
the captain cast anchor, and took the party ashore
in the small boat, and while they were rambling
about the island, four small boys, belonging to
Portland, got into the boat and commenced
rowing. The tide was running down rapidly at the
time, and the boat soon hemline unmanageable in
their hands. They hail drifted about two miles
from Church Hope, and were off Gordon l'oint, the
tide rapidly carrying the boat into the Race, when
Captain Cozens, who bad a party of excursionists on
board the Prince steamer, seeing their position,
went to their rescue. The boys, on finding their
inability to manage the boat, and that they were
being carried further out to sea, notwithstanding
their efforts to get back to land, became very
much alarmed, and well they might. for
had it not been for their timely rescue the boat in
less than ten minutes would have been swamped.
BRITIAII AND FOREIGN BIBLE SOCIETY. —On
Sunday last sermons were preached at St. Mary's,
St. John's, and Radipole churches, and at the
Wesleyan, the Baptist, and the two Independent
chapels, in aid of the funds of the British and
Foreign Bible Society; and on Monday evening a
public meeting was held at the Alelcombe Regis
Aiational School-rooms for the purpose of advocating
. the society's claims. The chair was taken by the
rector, the Rev. T. A. Greavea ; and the meeting,
which was a very crowded one, was addressed by
the deputation and various ministers of the town.

Bosomm POLICE, Tuesday.--(Before the Mayor, It.
Griffin, and W. Symonds, Emirs.)
Elizet fiqlland was summoned by Charlotte Webber
for using obuoive language calculated to create a breach
of the pvace. The parties live under one roof: Each
party Ras in her own bedroom and unable to see each
other, when 3lra. Holland commenced by mentioning
her neighbour's name, and saying she could not get a
hukband to buy her a 7s. 641. bonnet and Is shilling crino-
line. The Bench admonished defendant on her intem•
perste habits, and dismissed the case on her paying the
Costs.

Thomas Symonds was charged by Sept. Lidbury with
obetructing and resisting the police in the execution of
their duty. On Monday evening, between seven and
eight o'clock, the band was playing opposite the King's
Statue. Greet numbers of IPCMOIIII crowded in upon the
men, so much no, that they were unable to keep the crowd
back. All went hack very civilly, except defendant and
a man named Marks, a railway policeman. Defendant
was fined 10s, and is &I. costs.

WELTARADAT. July 25th. —Before the Mayor and
It. Sower,
Alfred Williams, builder, Augusta-place, was charged
by Mary Ann Slade with assault. On Friday morning
Mrs Slade was preparing breakfast, when she heard a
howling in the passage of her house. She ran out
thinking it was a mad dog, and to her surprise saw
Williams kicking the dog violently. She got before the
dog to protect it, and told Williams to leave the dog
alone. He said he would kill the b— and her too.
She gave him a push, and told him to leave the house,
and he struck her with his fist on the arm. She gave
him another push, and told him to leave, and he struck
her another blow and knocked her against the door-poet.
—Muller, a German, said: I vu in she yard of Mrs.
Slade house. She vim in the kitchen. I beard great
noise in de house, and ran into she kitchen. I saw Mr.
Williams give Mrs. Slade von stroke and knock her
against the door violent. It vu not aid you clench
fist.—Alfred Williams then charged Mrs. Slade with
assault. He said as lie was passing Mrs. Slade's house
the dog barked violently and tried to bite at his heels.
He ran utter it, and when be found he could ea catch it,
he toseed his straw hat at it. Tile dog kept barking,
and Mrs. Slade came into the passage as he was picking
up his hat, and said " You rascal, how dare you strike
my dog," and caught hold of his collar, and it was to
get rid of her hold of his throat that lie pushed her,
but be never attempted to strike her. The dug was •
great pest to the neighbourhood, and ought to he muzzled.
—Witnesi's father then got into the box to state to the
ma. istrates how the dog" accosted" him a few mornings
previouslv.—Mrs. Slade said the dog was not lier's, she
knew it aid bark at "suspicious people," but it would
not hurt them, it was a little thing. Mr. William
was fined 205., including costs.
PORTLAND. - School Treat. Upwards of sin
hundred children belonging to the several Wesleyan
Sunday schools in Porthuiti, had their annual treat
on Tuesday last.. After walking in procession round
the island they proceeded to a field at the
back of the minister's house, where they were
plentifully supplied with tea and cake. In
the evening about two hundred of the teachers
and elder Children partook of tea in the school-
room at Fortunes Well, after which several
short addressis were delivered, and the choir sung
several pieces in excellent style. The whole of the
proceedings were of a satisfactory nature.
SURRBORNS.— The Irish Revicals.— A public
meeting on this subject, respectably and very numer-
ously attended, was held at the Towuhall on Friday
evening last, E. Hellman, Eeq., occupying the
chair. The Rev. K N. Henning having opened the
meeting by prayer, the Rev. F. Beckley read an

appropriate portion of scripture, after which the
chairman read Bowe correspondence, explaining how
the meeting had been called, and concluded by
introducing Captain Orr, 11. A., who had, at the
suggestion of Mr. Pearse (who favoured the town
with a visit from Loudon a tow weeks since), kindly
expressed his willingness to attend a meeting and
state what he had witnessed of the revival work in
the sister isle. Captain Orr, whose family connex-
ions reside in the North of Ireland, then stood for-
ward, and gave an unimpassioned but lucid
and highly interesting address, in which he
described, as minutely as time would permit, several
very remarkable cases of conversion, and concluded
with a word of solemn warning and invitation to his
hearers, none of whom he had never seen before, and
in all probability would never see again. A suitable
hymn was thou given out by the Bev. E. N. Henning
and sung by the audience, after which the Rev. F.
Beckley, in a few commendatory remarks, prouosed
a vote of thanks to Captain Orr for his kindness,
which having been seconded and passed, the meeting
separated.
BL N DFORD. Dorset Central Railway. The
half yearly meeting of the proprietors took place
on Tuesday, the 24th of July, at Fendall's Hotel,
London. The report showed that the total
of receipts on the Blandford and Wimborne section,
exclusive of debentures, (amounting to 1.33,0119)
amount to .C. 75,240 2s. fel., and the expenditure to
4:113,056 2a. 11. The payment to contractor for the
half-year was not stated, but as the extra expense
incurred at the land slip most have greatly increased
the half-year's cost, the item would probably add
£lO,OOO to the total expenditure. Thu South
Western Company have undtrtaken to work the
first section, fur the first five years at 50 per cent.
of gross receipts so long as they amount to .1:600
per mile per annum. Should not the receipts, how-
ever, exceed that amount, the remaining 51.1 per cent
handed to the owners of the line, will leave but little
for the shareholders, after payuient of interest to de-
benture holders. The excur of expenditure over
income, exclusive of contractor's charge due, and
total of debentures, is .f.4,h15 2s. 3d. If, however,
.£33,000 for debentures, and £lO,OOO due to the con-
tractor, be added, the nearly completed first section
will be in debit .C 43,000 to £s4l,ooo.—The share-
holders loudly complain that the meeting should
have been held in London, virtually prohibiting their
attendance.

STURMINSTER NEWTON,—An exciting match of
cricket was played on this ground on Tuesday,
the 24th instant, between eleven of the lilac
moor Vale Cricket Club and eleven of the Blandford
Cricket Club, w hen the runner proved victorious by
about seven wickets to spare. The.weather being
tine a very pleasant day was spent. A liberal
sprinkling of the fair sex graced the field. At the
conclusion of the match several well-contested games
of quoits were indulged in ; Mr Tepper, of this
place, and Mr. Blandford, of Blatulford, proving
themselves the best players at this sport on the
ground.
WAREHAM.— Rifle Corps Drum and Fife Bead.—
Monday may be said to have been the first appearance of
this band in public, for on that day the uniforms were
given to the members. The boys wele marched down
by Sergeant Drew to the residenee of their much
esteemed and popular lieutenant, W. C. Lacey, Bs' q.,
on whose lawn they played several tunes. They after-
wards marched through the town playing venous
popular airs, much to the delight and amazement of
tunny of the inhabitants at the wonderful proficiency
they have made in no short a time, and to the
astonishment of others to think that Wareham does
really at last possess a band of its own. Unlike
most towns of any note, Wareham until now could
not boast of • bend, the only public music ever. beard
in its streets, being a few music murdering, hard blowing
German itinerants. The formation of this hand is almost
entirely due to the unceasing exertions of an active
member of the Rifie Corps, Mr. William Spicer ; who
the committee have very wisely chosen to he band
master. Great credit is abo .lue to that very clever and
excellent musician, Mr. Bodge, wl.o has taken iiiiinense
pains to get the members of the baud to their present
state of proficiency.

1