The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1867-08-13 00:00:00

COUNTY PETTY SESSIONS.

BArtraDAT.—Batore H. Will Lona, Req. (chairman),
LJeut-CoL Steward, and Oapt.
Benjamin Astill, of Radipole. was summoned for a
breath of the High say dot.--Superinterdent Under-
wood, on July 23rd, met defendant on the turnpike-
road at Radipole, with a horse an cart, between 2 and
9 p.m. Defendant wee lying down in the cart asleep.
and the reins were under the feet of the horse, which
was at a trot There were many carriages in the road.
—Defendant admitted the offence, saying he was tired.
—Pined 10s.

Richard Greening, bailiff to W. Manfield, Req., was
summoned for a breath of the rettle plague orders, by
sending a telt to Dorchester cattle market, on the 20th
ult., without • home properly signed.—Delendent mid
It arose from • mistake, He did not came home in
time to send the calf himself, and his wife set it, but
forgot to gel the Wenn properly signed.—Tused £1
and casts.
Thomas JUDOS, of Langton Herring, was charged
with an samult on William Kovacs, Jsly
flymoncla for eamplainant, and Kr. Howard for de.
feodant. This charge was in oonnection with • use
against Henry Rose, heard it the lest court.—Williarn
Modem, keeper to Yr. Sparks, owner of the Langton
estate, said that o• Jnly lit, the defendant, with
Robert James and Henry Rose were It Langton Herring.
After some words with Rom, he was separated by him.
Defendant also wrung up his fi,ts in his fee and
threatened to knock his air in. He refused to fight
with defendant He had had occasion before to complain
of defendant's treepassing.—lfr. Howard objected to
this evidence being admitted.—Witness continued, Jane
Wallis was present when this took place.—Cross.
examined. : Had had a pint of ale in the morning, no
other drink during the day. Did not take off his
jacket, or offer any one to fight, or strike any blow, or
even think of such • thing. Did not say he would lake
any man of them, or the bast man in Langton. Had a
sammorts against Ross at the previous ooart, but did
not then summons James, as the clerk in the marls-
testes' office advised him sot to do so, as James did not
strike him.— Jane Wallis corroborated lioelem, saying
Jones lint touched Mayhem's whisker, but he did not
strike him. Meehan did nos offer to fight. —Hr.
Howard said this was • vindictive proceeding, and he
went on to argue there had been no assault committed
either in law or in fast.—Fined 20e. and costs.
Robert Pearce and Ann Purse, of Portland, were
summoned for seWng beer without • lieense.—L
Willis.,., J.
painter and glamor, of Weynoatb, said he

had bean mapieled Is. Pegliswd, sad bad resided
4 tho Saw ilili tavern, kept by Elijnb Stone,
.11 Beetoe.l.pe, Portland, Defoliant lived neat
bor. On the Bth July he Went to Poarm's
1 lour and saw Ma. Pearce and another women
I named Stone. Hrs. Pearce inquired how much she
iwed Lim for the two squares of glue he had put in
I !or her at Weston. He replied Is 61, end as he owed
ier 41, she p ,id bun le. 21 , which lie put in his
Welker. Ile then called for • pint of ale, which Hrs.
Pearce served him with. He took 2d. fro= Ids pookat.
and paid her for it. Afterwards he had another pint
of ale, this in the presences of Ur. Peale. . A man named
.folliffe was also there, to whom Mr. Pearce gave a class
of bear, and witness gave him another, sad paid •
each for it. He afterwards had moiler pint, whisk
,he tendered a shallot for, and Mrs. Pura went ap
4airs and brought him 10d Mango. Defendant's son
Thomas helped drink that. He had seen • good deal
lof what was going on In the haute, and went there
on purpose to pt the ele. The ale was dreen from •
cask antler the stairs. Cross-examined 3 Was Seeing
agent at Weymonth for the Brithk Prudential Society.
Find been engaged for the same flake before, but left for
• time becaus he had not enough salary. There was •
little deficiency in hie amounts, which be had sinoe
paid. He vu not kicked out. Had been lodging at
ni.h Stone's, who I/ brcrther•ln•law to the defendant.
Had beard there was some dispute in the family about
some property. Stone did not inettgate him to lay this
trap. He thought bow wrong it wee for Pearce to sell
against his brother who was Homed. He was not to
have anything for trapping Pewee He did it for Mr.
Stone's good, and the public good. HA not been
bribed in any ely to do it. Bed been in various
businesses. Followed the painting and gilding. Mr.
Weston: This lest is some of the gildiog, is it not?
Witness: rye seen none yet—Baughterl. q. What
amount of "sugar" are you to receive? Yoe know
what I mean? A. I can't tell you: I have livel long
enough in Weymouth to know what "sugar" Is, and I
have seen an eleciion or two—(laughter). The son
Thome. I referred to is • drivelling idiot. I only
sited btu to drink oat of pity. Name has three &H.
dean who are idiots. Re-examined :No promise has
been med. on the part of any one to pay me for the
evidenoe I give in this case, and no induoement has
been held out to me to give IL—Mr. Weston addressed
the Bench for the defendants. Ho end the mu for
the prosecution rested= the OVH4IOOII of a men, who, by
, hie own confession, was all but a /auricled felon, aisd
, ure• thoranro unwouhr to In 1.•14.••?Li--)ki
laginciado ptioleitod against any stels language b.lng
made au of upon the ovidoncie gime—Mr. erertow
oonsidered I.e was perfectly justified. He had ik from
the man's own mouth that he had made me of mosey he
had received as collector for the Prudential office (who, V
anything like prudent, would soon get rid of such a
man) to his own porpoise, because his Wean* wee net
otherwise sufficient to meet his expenditare. Lf that
was not admitting he had been guilty of a felonious ast
he did apt know what was. He was instromed that the
"rituals did have • pint at boor in defendant's house, but
it was given him, and be pad nothing for it.
U. Galled Mrs. Swann* Steno, of London, who
said in the rammer she resided in Portland whore she
bad some considerable property. Um Pearce wae her
first cousin, and chews, these duly Bth. The NAM'
had three children who were idiott The eldest son
Thomas was unable to feed himself or convert* with
anybody. Saw Williams come into the house on the
Bth. He brought in two plates of glans, and lint.
Penne asked him how much she owed him for what be
had done, and be said Is. 2d., and she petit on the
table and a pint of ale at the same time. Saw no money
paid for the the. Could not say if he had a 'mond pink
Sat by the side of Williams. If be had taken money
from his pocket to pay for the boor should have Dna
it the thought. Did not nqtioe if Mrs. Puree went
up stairs nod brought down 101. to Williams. She left
a quarter of a hour after Williams did. Saw IDifek
Mena, who lives neat door. Wending outside, and had
some conversation with him. Mr. Symonds objected
to the conversation being given. Mr. Weston eon.
tended it was adntissible because it vu to show Since
had instigated Williams to get up Has raw, The Bench
decided it wee not minded:de. In cirom-examination,
witness said she could not sweat • amend pint was
not had by Williactis, or that lire. Pearce did not leave
the room.—The Bench said they had taken the whole
whole oinumstancos into their oonsideratioo, and there
vu no much doubt about it, that they decided to diner
the Due.

."itelon; Llentenant Colonel Steward and Captain
WiMania . .

William Toss, • youth, was summoned for stealing
peas, the property of Lionel bridle. P.C. Amoy said
said that on Sunday, July 21s1, be mar the defendant
go into Ilr.Brid le's peas on Fordington field. He remained
' some time gathering end then came out, when shame
went to him, and be turned out of his pockets peas value
21. He gave the name of William Legg, but he found
his name was VOW —Der e ndan t said he did not know
witness was • policeman, because he had not a
constable's uniform on. Mr. Bridle came forward to
speak to the frepient theft of peek but the Court
did not take his evidence. Fined ss. or a week's
imprieonment.
Henry Toms, a lad of Abbotabdry, eas summoned
for malicious injury to grass, the propeity of Mr.
White, of that parhih.—P.C. Foster said that on the
evening of August lot, be saw defendant cutting gram
from a bank, the property of Mr. White. He went
towards defendant and met him as be was leaving the
field with the grass. Defendant admitted he bad no
liberty. He took the gram from defendant, and to Mr.
White, who said ho should eummon him. The bank
where the grass *le cut is in the field. The grass wee
worth ed. to anybodY who had a borse.—Defrudant said
a good many other people had been there to taut it, and
nothing was said to them.—Mr. White said be had no
wish to press the case—The lad said he wanted the
grass for a dookey.—Fined Is.
John Hellaway and Thomas Corniek, both of Abbots-
bury, were summoned for allowing horses to str.y on
the highway, July 21st—P.C. Roper proved the rui.—
Kellaway said the) bad fetched their horses from the
oommon, met on the road, and had a little conversation.
—Fined ss. each.

eummoned for allowing two horses to
stray at Rampleham, Joly 22nd, said he woo not at
home at the time. However, it wail shown they were
his homes straying.-13aperintendent Underwood mid
defendant's horses had been pounded before :lie had no
land.—Fined fie.

Parsons, of Dorsheeter, was summoned for a
breach of the Cattle Plague Orders, by removing two
°elves without a license.—Detendant said his man, who
can neither neither read nor write, was sent fora license
to the polies oleos, as usual, and, supposing the one
given hint wail all right, he want on with the calves.—
As formerly the polies used to rent pewee for stock
for indatediate slaughter, and it was agreed this one.
arose from a mistake, andel the suggestion of the Bench
the ease was withdrawn.

James Byrnes, of WinterboUtna Came, wu sum-
moned for a similar offence. and this use also was
withdrawn, bat both defendants were cautioned to be
more careful for future.

DORCHESTER COUNTY COURT, TUISDAT.
(Before E.lnsrr, Fag., Judge.)

There were about 80 plalnta I.lr beating before his
Honour, but the majority of them VW* of a trivial and
uninteresting character.
Tan SID OF • LONG DlSPOTB.—Frances Rogers v.
flannel Clarke.—This was an action to recover pomession
of the tenement in High West-street, occupied by
defendant, which was sub-let to him by the plaintiff.
Defendant's time expired on the 6th Joly. He now
offered to give tip poesethion in 14 days, and, at the sog-
cation of his Honour, the over was accepted, and an
order was accordingly made with costa.
A HOW Call. —James Payne v. Fairways —ln this
teas, the plain tiff, who is a horsebreaker, residing at Ceram
Abbsa, nought to recover £5 damages from defendant, a
seed merchant and farmer of Piddletrenthide, for breach
of °nutria on the purchase of a horse. There Ins •
cross-action, Samoan ti. Payne, for £1155., the purchase
money of the horse in question.—Mr. H. Look for
Payne, and Mr. R. N. Howard for 81111141:1„, It
&poems that on the 28th May, plaintiff of
defendant a black cart gelding for Ell to he de-
livered the next morning at nine o'clock. Defendant's
carter, John Kerslake, delivered the horse to plaintiff
at three o'clock In the afternoon, .eying his master
would see him and make it all right. On returning
home blamways asked him if he had any money, and he
replied no. At ii,. o'clock in the evening plaintiff
turned out the horse on Black-hill, at Carus Down, and
about half-an-hour after defendtht's son George,
a youth, called on plaintiff, and 'aid, "If h•7711n
been at home he (plaintiff) should not have bed the
hone for Ell 55." Plaintiff said he supposed he wanted
the money. The son said he ()Quid carry it boom Ile
(the son) was in liquor, and plaintiff's wife said he
should not pay him then. Plaintiff told him the
horse was on Black-hill, and if he would call
neat morning at nine o'clock he would pay bin.,
and the son agreed to call then. Nasty the
following morning plaintiff found that the hone IMO not
on Black-bill. but in defendant's orchard at Piddle-
trenthide. He spoke to defendant about it, who said
that he found the horse in his garden in the morning.
Plaintiff replied that he would pay for any damage done.
Defendant said he should not sell the horse then, and
plaintiff answered, he did not want to buy it, he had
already done so. Defendant said he should keep the
horse till it got into better condition, and it was worth
more money. He refined to give it op. Defendant did
not say he could have the tone when he brought the
money. Plaintiff went to get the money, and with a
. man named Hobert Mitchell took it to Bamways' shop,
and tendered it to defendants wife and son Dsorp for
the horse. Mrs. Sansways refused to have anything to
do with the raatter.—ln cross-examination, plaintiff
said he offered the money to defendant or to his
son Alf red.—Beveral witneemse were called to substantiate
the above facts. —The defence was brat that no damage
had been proved, ard second that payment wasttC
made on delivery of the horse, were various
circumetanoes, said Mr. Howard, to prevent the de-
fendant from allowing plaintiff to have the horse, noises
be Ant got the money. Payne rout prove that be had
made a complete cootraot, by tendering the money,
before he could be entitled to damages. —His Honour
Maid defendant, by his servant, had delivered the bore,
pursuance of the °Distract, and then without rhyme
reason, had taken the bores away. But not a farthing
Is had been proved, and therefore the verdict
must be for nominaldamage., la—Judgment accord-
ingly. It was then arranged that tbe ease liamwaya v.
Payne should be withdrawn, the plaintiff keeping his
bons. The parties in each case pay their own emote.
A SHIPRIMD'S CLAIM roe Lnifstno.—William
Paine v. John Homer Baundera—This was a claim of
£2 12s. 6d. by a shepherd for lambing money. Mr.
Weston for plaintiff, and Hr. Howard for defendant
Plaintiff, who is now in the marries of Mr. Dente, of
Watenon, and has been a shepherd for 30 year,,
entered into the service of the &fondant., who ••••P•t•
Forston farm, at Lady-day, 1863, but klr. Bounders
being then an incoming-tenant there were no lambs.
The first lamb* were born on the farm in 1866, and
plaintiff's wages were 9s. a week, and Is. a moors was
allowed for lambing. That money defeadtht P•ta•
few days before the 4th February, 1866. • new anaan•
meat was made, whereby Pl•V't4 vaa to r"etve 48'
a week, la. 6d. • score for lambing. with house and
garden and other things shepherd's bed, El for
and when doing extra work 9111. a_ day for hirneelhr4
6d. a day for the boys. Daring 1866 defendant's ewes
had upwards of 700 lambi, pawl." id,
on tbe 6th April, 1857. ne night before
plaintiff's sou went to Mr. Benders to ask
for • sovereign towards th• lambing money, when

plaintiff paid "Why cleul your hither come? let him
eome at Mideumuier and I'll pay him, and not before..
Plaintiff said the custom was for the shepherd to he
paid for every lamb alive at cheering time. Some
farmers gave kl instead of lambing money, but thee
they gave food also. In the winter Mr. Sounder, gave
plaintiff a sovereign to buy mackintoshes for himself ana
the boy.. Plaintiff left on the 6th April, and the shear-
ing was on the 17th or 20th of June.—That deferre rem
that El had been paid pleintiff ma meal to shepherds
who left on the fitia Apra, but be was not entitled to the
per some because be bed not fulfilled the
centred—Waging them himself to the shearing Ninon•
which, of source, involved the oars of the lambs at a
very critical period.—The defendant was csUet, and
, stated that the futeement wan for plaintiff to be paid
, le. 64. per score for all lambs brought by him le lber
shear barton. Considered plaintiff was eot entitled
to the money bemuse be left before shearing time. -
Cross-examined: His 'gunmen& with plaintiff was
from year to year from Lady-day. That was the
customary hiring. If plaintiff had remained eith him
till shearing time, probably he would bare somn
difileulty in getting soother situation, as farmers would
generally be suited with shepherds. —By the Court :
The contratt was for plaintiff to be paid for all lamhs
alive at near time.—Reeasmined : There were great
easualtin amongst 111116. from Lady-day to shearing,
especially with a nut shepherd—to giving jedgment.
his Honour said this was a question bete'.* meter and
servant, and they stated the orintreet rather differs**,
but he thought withedety to both puttee the defesdner's
version might be taken. He mid plaintiff was to be
paid "for all lambs bronchi to the sheer barton
by him," but the shepherd did not admit the words
by him." Thee there slimmed to be a direct con-
tradiction, but it wee inst pourable one', memory
might be better than mother's, and that there was
no oontradiction beyond want of memory. He thought
the shepherd looked like a man who would not come
there to misrepresent ; whether he misunderstood the
contract wag another thing. Defendant said his
contract was for all lambs brought to the shear
barton, but be explained that by saying it meant all
lambs alive at shearing-time, which was a totally
different thing. He could not imagine a contract
stated in the words given to mean what was said.
Mr. Smadere said he only sheared Mont half hie
lambs this year, so. &wording to the sontract,
the shepherd who had reared them. If still in Lb
serving, would be unable to alum for half of
them berm" they were not brought to the
shear harem. In the case of harvesting, it was fen-
quaintly the case to give a man El for harvesting,
payable at Michaelmas, and it was frequently contended
when a man did not stay in the service till Miehaelmas
that the farmer was not bound to pay the El, but of
mune he was, for the very moment the harvest was
complete, the fl der in law, though it could not be got
till Michaelmas. What wee the object in giving so
much a seore for lambs To name the shepherd to take
care of the ewes long before the hushing commeneed—
to take care they were not so treated as to mahe these
mime their lambs. Here the legate had come to the
birth, the ewes were safe and the lamb" safe, why
should not the man who bed emanated the buminum
hare the money although he had left the master, yet not
wrongfully, for it was at the expiration of hie year. It
would be no Imo to the master For he emertained that
these 700 lambs were in good condition at the shearing
time, and defendant paid nothing to the succeeding
shepherd for them. The shepherd wee fairly entitled to
the manual claimed, and be gave Judgment for payment
forthwith,