The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1865-12-26 00:00:00

TFIE CATTLE PLAGUE:

WHOLESALE VIOLATION OF THE ORDER
PROHIBITING TRAFFIC.

Last Thursday, several cases of infringement of the
Order issued by the magistrates of this division were
tried before J. Gundry, Esq. (Chairman), W. Hounsell,
and B. P. laundry, eqrs.
Wit im Glyde was charged with sending 14 cows
from Beer Chapel, in Somerset, into Hawkchnrch, on
12th December, and thereby infringing the Order of the
niagiArates as to bringing cattle from beyond the petty
sessional division into it.—Defendant pleaded guilty,
but said he did not know the Orders in Dorset were
different from those in Somerset, and hoped the Bench
would deal leniently with him, 119 he did not know he
was doing wrong, and the beasts were not for sale.—
The Bench said his man was informed by the p lineman,
—Mr. Gundry said the magistrates were determined to
carry out their Order to the fullest extent to prevent the
plague being brought into the district. As the defendant's
farm was on the borders of Dorset and Somerset, if h.
had sent for the inspector to examine the cattle, and le
had pronputmed them sound, and he had then applied t
the magiftrates they would have given him a certificate I
to move them from beyond the divi-ion into this one.—
Defendant said if he had known it he would have ap-
plied for an order, and wished to know if he could have
one another time, and where he could get it. The
Bench told him he could, and directed him how to
apply.—He was fined El and 14s. costs.

Job Randall was charged with having exhibited, on
12th Orcember, at Thornoombe, for sale, five heifers,
• hree oows, and one calf, thereby infringing the Order
in Council, and the Order of the county msgiatrates of
this divition.—Mr. Jolliffe, for defendant, who pleaded
not guilty.—Mr. °unary, Clerk to the Magistrates, pro-
duced copies of the London Gazette, containing the
advertisement of the Order of the magistrates, and the
several local tapers in which it had also appeared.—
Mr. Jolliffe first took exception to the jurisdiction of
the local authority, on the ground that there ha I been
no declaration and notice published by the local authority
osnsituted for • petty sessional division inasmuch as
sea. 5 of the Orders in Council coot ,'opiates its being
a collective sot of the Justices of the p3tty sessional
diaisinn, and not that of any one, two, or three of them.
In this case the notice was only signed by two of the
justices acting for the division, and therefore he held
that there had not been proper notice given. Secondly,
Mr. Jolliffe objected that the notice in the Gazette was
only published on the 12th, and these cases took Place
the same day, so defendants had not had sufficient
notice, as the law did not reckon a part of a day as any-
thing, oonsequently the defendants were not liable until
the next day.—The Chairman, in reply, said that it was
not at a private meeting the order was made, but at a.
special petty aessiowi called for the purpose, at which it
so happened that only two justices were present, though
all had notice of it, and therefore tbat it was a proper
legal meeting. With regard to publishing the order in the
London Gazette, it was advertised there in addition to the
local papers, to give every public ty to the order, but he
believed it was not necessary to advertise it at all in the
arizette. They had advertised the order in papers in
each county bordering on this, and therefore the Bench
overruled both objections. The first came was then
proceeded with. Sergeant Stillman, stationed at
Marshalaea, said he knew the defendant, Job Bendel',
and remembered on Tuesday, the 12th inst., seeing him
near Broad Bridge, in the parish of Thorncombe, wl are
he put up three sows, two heifers, and one calf for sale
by auction, and knocked them down to some bidders.
He had seen the cattle there about an hour before.
There were three other heifers there; they were
numbered with the rest, but were not put up. Toe,.
wag a ticket numbering the on each. He saw the
tickets put on by Job Bendall. He did not know how
long they had been in the division. All the animals
were on the high road in Thornoombe. Be did not any
anything to him except in answer to his question
whether be was going to stop him, when he said, "No,
lie couldn't stop him; if he abase to do it, it would be
at his own Cross-examined : He did not at-
tempt to stop defendant; he said there were bills about
containing the order issued by the magistrates of the
Bridport Bench. In answer to the Bench he said,
there was a bill posted on a atable door near, in a con-
spicuous position. There was stock sold at this auction
which belonged to persons now summoned.—Crossez•
atnination continued: He would not swear he said there
was a prohibition order lamed by the Bridport Bench,
or that he pointed out the bill on the stable
door. There were so many people about there
et the time talking; he believed he did.—Samuel
Hackling, living at Winslaam, Somerset, servant
to Mr. Reason, farmer, said he was at Thorn.
combo on the 12th December. He drove a bullock
there from l'irinsham. and also helped to drive two
other bullocks from that place. He saw defendant
there, but did not speak to him ; he kept the bullocks on
the road; he saw some tickets on the bulfooks, but
didn't know who put them on. He would not swear
defendant did or did not put them on. He saw three
or four people there. There was a sale in the field near.
He did not see •ny bullock sold, or who the
auctioneer was, as he was in the road and the sale was
essue ws7 oir. Wooden% tusked at the bolbehe when

Slay were atending in the road. He said nothing to
hun. There V/ lot of pi.o,le in the sale field •h.
1 n't 'wow whose field it waii. He d.ove the hun4.l,-.
about two or three pln to a farniliiim=e or dairyman"S
abut a quarter of e mile ti;o he j 4 not know
what p.ri-h it we in, as he was a stranger to the
neighbourhood. He left them there. The owner of one
but oak we Mr. Re.son, and Mr. John Harvey or
tiu
otter two. —Cco-o.examneul: He never nag either of tbe
three bullock- off'-red for- side. e defendant never
alive him any order to drive Me bullocks there. He
rid
nOt gut to VI 11. Id, it as private enclo,ed
Me oh, living at Laymitor, in the par lair of Th,,rn.
o .mbe, farmer, remembeted being sear Chard Road
with two heifers on the 12th December. He saw defen.
dant that day in • field ; they did not speak to eaeb
other ; lie kept the heifers at the aide of the total
abmt an hour and a half. Defendant sante and
looked at them; he handled them there; there
were tickets put on them, but he did not know
who put them on, as he wee uot with themauth.
time. He drove them back again ; they were not
offered for sale that he knew of. He took them back
as Mr. Hoare told him he had better take them bsei
again. He did not go out of the parish of
Thornaimbe. He would net swear they were ma
offered for sale. He did not see any animals bid.
He believed there was an auction in the held, bat be
oRs 00 yards off. Cross-exemined :i. He nu em
defendant's aervant.—Jamee &Islay, Mouser, milking
for Mr. Roeder, living in Flawichurch parish, raid that
on the 12th December, be WWI at Broad Bridge_ He
drove a cow and calf there. Me Raw def.ndant there
in the road walking about. Bs did not rprell to him,
nor he to him. Defendant look. dat the cow atel tall
and puts ticket on the cow. Defendant put the cow
up for sale by auction, but it wee bought in. He left its
there. He saw no other animals offiked, and did note*.
defendant put any ticket on any other animal. Cross-
esaininr d : The cow was put up close to Broad Bridge,,
near to Chard•road. He was no servant of delendant'a.
—Mr. Joliffe maid he submitted there was no rase
whatever. This be ng a criminal cam, the ono' to.
prove the ease rested upon the prosecution, and Ler
submitted there was not • tittle of evidence. The
summons was that Mr. fiends!l sent three animals into
this division, and for nothing else. The constable.
Stillman showed nothing to prove that Mr. Mendell
brought these animals into it, nor the other witnessee,
who were not Mr. Rendall's servants, and, therefore,
defendant was not liabie.—The Chairman told. Mr.
Randall he was awry that the summons was informal,
and, therefore, that Mr. Jo liffe's objection was fatal_
He said he never knew a more disgraceful act that:elite
violating the order of the magistrates by holding this;
sale, thereby endangering the cattle of this couoty..
If the misi•ite in the summons had not been maderthe
Bet eh would have inflicte.d the high eat penalty on him..
It was • most dangerous thing for the farmers,, his
holding this vale, particularly at that place, and be
warned him that if it heppined again, and he was,
brought before them, the Bench would order him to
pay the highest penalty. This case was therefore
dignissed.

Robert Snell Wan summoned by Superintendent Mao
Bale for tbat on 15th December, at Whitchurch Canoni
corum, he infringed the Order in Council and the Order
of the magistrates, by sending two cows from Wayford
withont this division into this division. Defendant
pleaded guilty, and vas fined £5 and costs 358. balking
one guinea fur Mr. Banister.

Mary Meech Was charged with pending two heifetts to
Broad Bridge for the purpose of sale, thereby infringing
the orders.—Mr. Jollifie for defendant —Sergeant Si
men gave evioenee similar to that in Rendall's case:.
William Meech, aged 10, son of defendant, said he took.
the beasts there witbint being told to do Fo. Mr.
Jolliffe contended the charge could not be mustsined.
The Bench, however, aoj god defendant gtulty, and
inflicted • fine of £7 and 13a. 6d. costs.
George Reader was charged with sending one sow and
calf to Broad Bridge for sale on 12th Decemßerf from
Hawkchur h. The Bench convicted the deltailanta
and fined him £5 and costs 18s.

William Reason war charged with sending one heifer
from Winsharn, Somerset, to Thornoombe, December
12. Mr. Jolliffe, for defendant, said they did not the.
puts having the animas brought there for sale, but *
was entirely in Made, renoe, and as soon as they knew
It was illegal, they wit, drew them from sale. The same.
remarks appli,..d to Mr. Bore. D, fondant pleaised
guilty to bringing the cattle for sale. Fined F.. 5 and,
costs 17s.

John Harvey was charged with sending two heifers,
from Winsbam, Somerset, to Broad Bridge, on 12th
December. Defendant pleaded guilty. Fined £5 and
omits 15s.

George Hoare was charged with sending two rowel
from liserkchuroh to Broad Brida. on 12th December
for sale. Defendant pleaded guilty, and was lined ES
and costs 12s.

The Chairman DNA the Bench were determined.,
aS far as in them lay, to prevent any infraction .1 the
Order issued in tbis division, and it was the wish of the,
farmers that it should be strictly enforced. In these,
oases, however, th.-re was a modicum of excuse, as they
occurred no olostly upon the time when the Order.
was issued.

Mr. Jolliffe raised an ohjecti3n in regard to the
wording of the Order, and asked if the Bench would
grant him a case if his clients desired it.

The Bench said they would in reference to the Order
is publi.hed in the London Pazette.

Defendants were each allnwefl a fortnight to pay ir,.
In default, distress, and if that be insuliniest, time:
months' imprisonment.

YEOVIL.
A shocking accident occurred this morning M he
Yeovil railway station, whereby a poor fellow named
Trimaine, a foreman porter, loet his life. Whilst he
was engsged in coupling the goods trucks, by some tin. •
explained means he stumbled, aid getting between the
buffers was so frightfully crushed that he empire&
almost instantaneously.