The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1869-02-23 00:00:00

PORTLAND.

4 Tag Ge.LB of Friday lid with great fora over this
islanl. The pilot boat Copt do Wig, parted her
moorinp when no one was board, and drove towards
the Breakwater; but this obearved from the tabor.,
and some persons to reach her, hoist a sail.
and get her into thy " B water Harbour," or she
would have been dashed pears on the rooks. The
launch of H.M.S. Moleet• was net so fortunate, dal
also was blown from her springs, and driven spinet
the sea wall of the Breakiater. where the was much
damaged. Bo great IMO the force of the wind that
partlee riding in Gabs on tie bill feared they would be
blown over, and Mr. Ramat draper, of Stanhope hour,
had to close his shutter. or probably his heitutiftil
shop front would have be;in forged in by the wind. Mr.
Tresher's van wad overtuaed near the railway station.
People could hardly stand in the streets, and cut havoc
1 we. made amongst the tiles and ebimnev pots.
! RICoGitITIon Or • Bites Muth—The courage of
Thomas Flann, whou deserving oondoet in rescuing
Pert of the crew of the Amalie we were the find of the
local papers to remark,baa received acknowledgments,
dearer to • brave heart than even the money ;trout:idol,
in the following letters, which we are plumed to re.
eroding. It will be sees that they have been sent ty
Mr. Flub with various some. The Rev. H. Jenour
also testifies to Mr. Flann's worth.—" Presented by
John Noble, Fag— of 50, Westbourne-terrue, Hyde
Park, London, the sum el £5 to Mr. Thomas Flans for
ht. gallant conduct in saying the lives of the ship
Amalie, which was driven whore on the West Bay
Beath, Portland. on the in of February, 1869."—"The
writer, 0. T., encla•es Mr. Flans postage stamps, value
55., in token of admiration of his heroic conduct in
seeing the lives of the crew as nerrated in the Timer
paper of yesterday. Mal the lines thus savei be
dedicated to God, and each with their Saviour ran t
round His throne in glory. London, February 4, 1869." '
—"Mr. Flann,—l have jut heard how gallantly you
tared the crew of the North German brig Amalie the
other day. Will you klully buy a pipe or something
with the endued I lam poor, or should like to send
you • larger present. Thu is from one who loves •
Gerruen girl, and thanks you for so bravely saving her
countrymen."—"l oertily that I have known Thomu
Flans, my parishioner, 20 years. He has saved the
lives of many who have been ahipwreckad, and is. man
of exemplary character. (Signed) tinnily JIINOUIt,
Vicar of St. John's, Portland.' It must net, however,
be forgotten that the coastguard acted according ty
their instructions, white'', are to aim the rocked high,
and that if the Atnalie'e mew had gone aloft to fetch
the rocket line there was no danger, as the masta stood
quite trio. amine and aridooe ought not to be rivals,
but should work together for good.
AT the Weymouth Oeuty Ooort, the case of Pearce
v. limbos WY again brought on.—Mr. ElcmYrd op.
peered for plaintiff, Mr. Arden for defendant,
and Mr. Tired oath, part of the owners of the quarry.
The latter gentleman, while admitting that he had no
loots stand( in law, asked leave to mention to his
Honour that the majority of the owners having given
notice that they would not allow mote that. Sc. per ton
for the stone, it his Honour gave a verdict for Pearce
for 10a. • ton, they would be &minified to the extent of
the difference. —The al edge mold not gee that the other
owners' ease had anything to do with it. A contract
was made with Bartholomew Combeu for so much, and
he we. liable.—Mr. Howard stated that hi, client olaimed

servant ; 2nd, that hew wu entit'ed to revive hid wares
during a temporary illness, and •Iso one week'n wage.
in lieu of notice. In support of Idi views he cited one
or two cutees.—Mr. Johns, for the &fence, objecting to
the Bret two point', contended that thois,:h the wages
were not p.id regularly the hiring an • weekly ....
and that whilst the defenilaiit no.. ill and oo his club
his master had • perfect right to atop his wages.
Honor bit that the hiring en. s yearly one, CI, re being
no *pedal coutrut to make it otherwise. lie also was
folly of opinion that as the defendant did n t alter that
increment during the illness of the plaintiff, but allowed
him to go on as before, when he wee able to resume
work he was liable to pay him bia wages. With regard '
I to the second item in &mute, namely, one week's saws
In lieu of notice, Mr. Atkinson on his client's behalf
withdrew it, a proceeding which called forth remarks
from defendant's solcitor, who challenged him to let it
F ,main as he (Mr. Johns) was prepared to prove that
the plaintiff's undue' was such as to justify his instant
dismissed—Hie Honor remarked that as no evidence
was before him on that point, it must be left to plaintiff's
attorney to do an he pleased. His Honor then give
judgment for the amount claimed Ins IS.. one week's
wages, and in awarding cute decided that they should
follow the action. Verdict for EV 94. Gil., with costs
on the higher scale. Some epplanse followed the judge's
decision, which was blatantly suppressed.--ffeone
Carter • . Edward Wore—Claim 84.—1 n this case
defendant disputed the debt as being incurred by his
wife previous to their marriage.—His Honor informed
him he wee liable for such debts, and humourously
remarked that he appeared to have got mole than he
had bargained for, at the saute time iiiforining the
plaintiff that in such cams both husband and wife most
be jointly sumenoned.—Verdict for the amount claimed.

104. • ton for labour, end not a halfpenny for tonnage.
Mr. B. Stone, for Messrs. Steward and Co., deposed
that the charge for stone quarried in this way varied,
hut quarrien worked for Mews. Steward and worth
about as much as this one, were worked at 6r. 91.; but
these owners had offered Ba.—Crosivexamined by Mr.
Howard Had known Ils. or 1.2 a. a ton given, and as
low as se. 91., the price at the preeent time. His sons
In a quarry on a portion of the land got 10s. —(laughter);
but that was because Le was largest proprietor, holding
ose.third.—Plaintiff deposed that he agreed for the
price before he began the work for Mr. Comhen at 10•
per ton.— The Judge said he could not take loose
evidence of custom against • contract proved on oath.
Mr. Arden complained that alter plaintiff and his
company bad been warned they had gone on, and taken
rubble from • large dice of lend.—Hl; Honour said
their answer, was that the contract was with
Bartholomew Comben, and they had nothing to do
with the owners of the quarry.—Mrs. White,
daughter of Mr. Comben, said they expected to have
had Cr. Carruthers there to prove that her father could
not attend the eourt. She deposed that she knew all
about her father's affair., end the agreement was not
made wito him, but by the owners of the land. She
very often paid for the stone, but her father had notice
not to pay at all, and Peen* ought to make an agree-
ment with the other owners.—His Honour said the ease
stood exactly where it did on the last occasion. Plaintiff
had nothing to do with the fact that there was a dispute
between the owners,even if Bartholomew Combea em.
ployed him on land to which be had no title. Supposing
a man hired another to build houses, and was ejected
from the land, was he to tern round and say to
the builder "Let me have my house r-Mr. Arden
interposel that Pearce and his party had not delivered
the materiaL—li was then discovered that the stone
was to be put on trucks besides the raising and
" cubing," for 10.. per ton ; but the defendant bad not
supplied the trucks. This was valued at Ad, originally
with the serew.jack, but only at 44. since the use of the
crane. The plaintiff, after some demur, agreed to allow
this 611., and the Judge said that, subject to notice to
provide trucks being given, he would give judgment
for plaintiff for the balance offhis claim. £46 lla. 64.;
but on the request of Mr. Tigard, the payment was
deferred for a month; but the mosey was ordered to
be paid into Court by Monday.
Tire Lie Direct. —Norris v. *plass, • claim for
El Is. 9d. for goads sold end money lent, bad been
adjourned from the last wart in order to produce further
endemic, on amount of the plaintiff being flatly eon.
tradicted by defendant—Alter hearing witnesses, his
Honour gave • verdict for the full amount claimed, and
said he believed if it were known what had happened
that day it would be a very bad case for defendant.—
Judgment For 10a., and 10, per month.
Aid gra is Amor *obi. —Greg v. Sloss was also an
&Mourned Gam. In may be remembered that it was a
claim for the value of a counter, shelves, and beer
. _

horsing, put into ths Saw-mill Tavern, and tI:W question
was whether defendant had bought them with the
house. Mr. Howard for plaintiff ; Mr. 'Tigard for
defendant.—Mr. Gray, Inewer, of Wylie, said he took
the SA...mill tavern of Mrs. Store for seven years.
He afterwards let it to Mr. Robert White, and put in a
counter and fittings. which cost him 16 or £7. When
White went out Elijah Stone took part in the letting of
the house from Lis mother to plaintiff, who bed to fit
it up at a cost of £lOO. Defendant went In as his
tenant, and afterwards bought the house. Saw Elijah
Stone afterwaria about the fixtures, and be &twitted
he tallied to a brewer in Dorchester about the fixtures,
who said they belonged to him (Gray). Crowiexamined :
When be took the house he was to pay £3O a year, and
fit it up at his expense. He laid out Elal upon it, and
paid part of the expense of • new wing, in order to get
it rated high enough for a beerhouse ; but he dii not
claim it again.—The defendant deposed be boaeht the
fixtures with the house, and atei c insiderable argument,
the Judge deeided that plaintiff could not recover,
having lost possession of the things, and not having
elaiined them for two years. -Verdict for defendant,
with costa.

AL GAZETTE, TUESDAY, FEBRUARY 23, 1869