The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1871-03-28 00:00:00

AND

, —sago. He asked for a nomad to this day weak
to complete the ease.—Yrs. twen was called to repeal
her evidence, and added thskprisoner had no luggage
when she came first.—Jane booking also repeated her
as evidence, and w cross-esamned by prisoner: Witn
said: Youess
pressed me yourslf to wine and send the
tulNillie. You said about th 20. that I need not bars
I troubled, you could have pab for it yourself, but that
was when you had the moey.—Prisoner : I would
I have Paid for the luggage if it bad come. I was out
I when it came, if it did anneal AlL—John Perry said
that last night about half-pet eight, he saw prisoner
In St. Themu-atreet, and sht asked him if he would go
I over to Captain Hamilton's and get some luggage.
Prisoner went to see if be ould get any trucks; but
could nut do so, and went orer, when he found Guy,
the wheolchairman, near th, Belvidere Inn, with his
trucks. Prisoner did not Mu him anything for his
trouble.—Mrs. English, fame searcher at the station,
said she received inetructios to search the prisoner
particularly ; but she found no money on bor.—Re-
manded till Tuesday west.
Tauasna.T.— Before the ILyor (J. Milledge, Peg.),
and 0. Rernoida, Req.
Alfrrd Pont, of South Parade was summoned for using
inciting language towards kugelsa Caddy, and to show cause
Cal
he should not be bound ore to keep the peace—Ml'.
1 gddy told • tale about defende* standing before her In the
road, and refusing to let her pia. The matter had arisen
from a 01111111101111 taken out at Clristmas. —Defendant denied
bfraCaddy's statement, and Melo bow Mrs. Caddy swore she'd
knock his head olf.—rns Mayor lopped a long-winded tale
by defendant retuarked that he ould see there wee bad feel-
ing on both aidea. and ordeved bete parties to be bound over
In Lb each to keep the peace for so months.

WEYMOUTH COUNTY COURT.
INTIODOOIIIO A JUSTOXIII.
Sparting V. Warw.—Defendant Is a farmer of Holy-
well, Evershot, and plain '
tif, tailor and out fitter, of
Bond-street, claimed of hiss £7 12s. CC for 17 shirts
at 7s GI., and • coat at El Gs., suppled to defendant's
brother.in-law, Mr. Atkinson, for which goods plaintiff
alleged defendant had made himself responsible.
Mr. George appeared for plaintiff, and Mr. Howard
for defendant.
Plaintiff said the claim was for £8 originally; but
7s. fid. bad been paid. Mr. Warne introdnoed Mr.
Atkinson as a customer, and about three weeks after-
wards Mr. Warne with his lady and ohild, came into
the shop and asked him to show materials. They
Mr. Atkinson. and one for Mr. Warne. Understand-
ing that Mr. Atkinson was going to America in • very
few days. plaintiff asked how about the payment? Mr:
Warne said "Oh !if he does not pay, I will." On
cutting nut the material there was only sufficient to
make 17 shirts for Mr. Atkinson, and one for Mr.
Warne, and the whole were sent to Mr. Warne's
boas°.
The Judge said tho remark by Mr. Warne was not
sufficient to render him liable for Mr. Atkinson's debt.
Mr. Howersl said this was • guarantee for another
person, and it mast b., In writing. As he understood,
Mr. George's client had a letter from Mr. Atkinson,
saying that he would pay.
Mr. George: My clieut would not give Mr. Atkinson
credit, knowing that he was going to Amities.
, The Judge, to Ur. Sperling: You have done a very
; foolish thing to let the goods go out of your shop with-
' out payment.
A bill was produoed, in which Mr. Sperling had
charged the goods to Mr. Atkinson.
This plaintiff explained by saying that Mr. Warne,
in order that he 'right draw the proper amount from
f Ms.. Atkinson, as he supposei, asked him (plaintiff) to
I make out ibill also to Mr. Atkin"on.
The Judge: To whom are the gools entered.
Plaintiff: To Mr. Warne.
Mr. Howard said most gross statements had been
made, which his client entirely denied. The parcils
came directed to two different people, and Mr. Warne
had paid for his own, and had 'done with it.
Plaintiff: lie said "I will pay you ; but I most ask
you to make out two bills." ,
The Judge: Now he has heard the argument, he
shifts his ground.
Plaintiff : The conversation took place with Mr.
Warne solely; he was not in the shop when the CO
versation took place.
The Judge: When was It you said about the par
mesh?
Plaintiff: As soon as he had given me the address.
He slistiactly told me to make out a separate bill.
The Judge: What where the words about payment?
Plaint,ff : He said "I will pay you; but you must
' make out bills." Hs was rather' chaffing" me about
my being doubtful of the money, for be had been a
customer before, and had always paid for his goods.
The Judge: It does uot follow that because good'
are sent to a man's house that he is to pay for them.
Mr. Howard: We are even now writing to get the
money from Mr. Atkinson, and he has sent a letter in
which he says that he will pay Sperling. We will do
our beat to get the money for Mr. Sperling; but we
cannot admit • legal liability to pay it.
Andrew Anderson, in Mr. Sparling's employ, said he
was present when the conversation took place between
plaintiff and Mr. Warne. There was not mush time to
spare for snaking the shirts, before Mr. Atkinson wm
going away, and Mr. Sperling said "Suppose they come
close on the time, how about the payment?" Mr.
Warne said "You make out two bills, one to me,
and one to Mr. Atkinson, and 1 will see you paid."
Mr. Sperling said he bad written two or three letters
to Mr. Warne, of which he had taken no notice what-
ever.
The Judge sail that did not matter. It was, how-
ever hard that plaintiff should lose his money.
Warne promised to do his best to get plaintiff
paid.
, The Judge, to plaintiff ;If ever you deliver goods to
One party, and another party so to bo responsible to

them, you must have a written guarantee to that elect.
If ha hal said " Enter thorn to me, and I will pay you
for them" that statement need not be in writing; but
if he says "Send these goods to another person, and if
be does not pay, I will," you must have that in

writing.
Kr. : I hopo your Honour will not allow him
any eats.
Mr. Howard . Mr. Warne does not apply for any
ovate, as he came to-day to Dorchester market. Mr.
Warne toes not want to take the liitoet advantage of
you; but will act si. a gentleman towards you, thou,ih
you do not deserve it, alter tho statementa you have
made.
Judgment for defendant.