The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1863-10-06 00:00:00

YEOVIL COUNTY COURT.

At the sitting of this court, on Monday, before
C. Saunders, Esq., judge, there were 9 after-judt.
meat summonses, 2 bankruptcy mess, 4 adjourned
oases, and 167 new plaint' for adjudication.
DRZW O. STAoo.—Tint WM an action for the
recovery of the value of twenty-eevensecks.—Mr. 8.
Watts appeared for the defendaut. The plaintiff
sought to show that, being sent with flour, the sacks
ought to have been returned by defendant, which,
however, he had not done. The defendant contended
that he received the flour from • Mr. Turner, and
that in cousequence of its being an inferior article,
and representing it as such, he was requested by
him to 'keep the sacks to make up for any deficiency
in it. The plaintiff, stated that be had nothing to
do with the action of Mr. Turner, but His Honor
thought otherwise, and decided in favour of the
defendant.

Dater Dualism—The plaintiff in this case
aught to mover Al 18a. 6d. for goods supplied,and
showed her books for the meant. Defendant,
however, produced a receipt for 10s. which plaintiff
according to her mount had only credited at fa.
Plaintiff declared that that wa, not her hand.
writing, but defendant contended that it was.
Plaintiff The fellow would swear to anything, and
his father told me so ; it is to cheat everybody else,
and he ought to be ashamed too cheat poor people.
(Laughter). A verdict was given for the defendant.
I WALKER v. Bunoe.—The plaintiff sought to
recover the sum of 17s. for repairing and renovating
a hoots of which the defendant had been the tenant.
Mr. Fear appeared for the plaintiff, and Mr. Sydney
Watta for the defendant. The plaintiff stated that,
owing to circumstances, he was obliged to levy a
distraint upon Bishop, as his tenant, and since that
occurrence they had not been on very friendly terms.
When defendant entered the house it was in a good
state of repair, but on his leaving it he found the
paper in the front room in some *us torn from off
the wall, a quantity of it being discovered on the
dung-heap in the yard, and in other places daubed over
in a shameful manner with paint, whilst injury had
been done to the front door, and upstairs a partition
had been taken down. He considered it had been done
purposely, for spite. He calleAwitnesseein supportof
his statement, who also said that great damage had
been done to the premises. The defendant said he
I was a painter, and when be entered the house as
'tenant, it was on the understanding that he wee to
use the front room as a painter's shop, and that the
paint on the wall was occasioned by cleaning the
brushea As to the partition the plaintiff was
perfectly williog that it should be taken
down, and said it would suit him better.
Witnesses were also called on his side, and supported
his statements in an equal degree. There was also
a question as to the laying down of some piping,
which defendant had charged the plaintiff for doing,
the formerstating that defendant agreed to do the
work gratuitously on his finding the material. The
evidence was of a very complicated nature, and
ultimately his Honor gave judgment for the pay-
ment of 55., each party to pay their own costa.
HAYLICII O. FOWLIK. —This was an action for
breach of warranty. The plaintiff bad purchased
three bulls of the defendant for Zll, he having
warranted them sound and competent to serve
heifers. The plaintiff ought to recover about £6,
butt verdict was returned for him for £213.. sd.

H YDS V. HIJ ETON. —The plaintiff in this case
sought to recover the sum of £h from the defendant,
who had purchased a horse from him at that price.
Mr. Watts appeared for the former, and Mr. Fear
for the latter. It appeared that the defendant
bought the horse for kE, but on the understanding
that plaintiff was about to purchase one of him. He
had had a ample of horses to try what he considered
they were St for, but not suiting him they were
returned. Defendant then said be would get him
one at Bristol fair, as be was going there, and one
which he would exprees himself perfectly satisfied.
Plaintiff saw him at that fair, and there the horse
was offered him for £25, the price of which was
subsequently reduced to .£22 10e. A warrant was
given with the horse, which stated that if it was not
found it was to be returned within eightaud•forty
bouts, and if not returned by that time the money
was ti be forthcoming next "Pack Day." The
horse was returned about four hours after the
purchase, as it waked lame, which defendant
attributed to its having come a long way, and a shoe
coming off from one of its feet. The defendant had
previously sold the horse he bought off plaintiff for
£6 15a. • and he was to have had the difference paid
him on plaintifi purchasing another animal. Plaintiff
subsequently purchased a horse of another person,
and defendant contended that he had not acted
fair towards him, as In bought the plaintiff's
horse on condition that he should purchase one of
him.—His Honor ruled that plaintiff had in this
case a right to suit himself, and gave judgment for
him for £6 15..
HODRIDGE V. Aueorr.—This was to recover the
sum of £lO 7s. Ed., for breach of contract. —Mr.
Louch appeared for the plaintiff, and Mr. Watts for
the defendant. —The plaintiff stated that defendant
had agreed to take the whole of his dairy of cheese at
.C 3 per cwt. He came down to his house on the
17th of September, and after some lenathened dis-
cussion, he agreed to take the whole of the cheese at
the price named. It was to be delivered free of
at Yeovil market, and the whole was to be
taken by the February following. Defendant sent
word to nay he should like all the ripest sent first,
and his wish was acceded to, and be (plaintiff) was
paid for what was delivered in two instalment/.
About 21 cwts. had been paid for. Subsequently a
person was sent to know when he would like the
rest sent, but be said he could net take it then as he
had not yet got rid of the other, and when • similar
question was put to him in the month of January he
declined taking NIT more. The cheese was
eventually sold by auction, and by its being so dis-
posed of he loot the sum above-named, for which
amount he now sued. —Defendant, however, denied
this statement, and said that he consented to take
• ton of it at £3 per cwt., but he entered into no
agreement for taking the whole diary—Several
witnesses were examined and cross-examined on both
sides, and the evidence was of a very contradictory
kind.—His Honour eventually gave a verdict for the
plaintiff for the amount claimed.
Batea e. Sirmes.—This was an action for the
recovery of £6 10s, for calves which had been sold.
--Mr. Watts appeared for the plaintiff, and Mr.
Fear for the defendant. The plaintiff stated that be
had not received the money, and had asked the de-
fendant several times for it; but this the defendant
stoutly denied, declaring he had paid the money the
same day that the animals were bought. Witnesses
were celled on both sides, and differed as muoh in
their statements as the plaintiff and defendant His
Honor thought that perjury had been committed on
the part of the latter and his witnesses, and warned
them of the conasqueneet—Verdict for the plaintiff.
FAN V. Nevnen.—This WY an action
_for the TO-

oovery of £2 2s. 6d. for meat, Ac., supplied. The
case had been previously decided in favour of the
plaintiff, but a new trial had been granted. Mr.
Fear appeared for the plaintiff, and Mr. Watts for
the defendant, who sought to show that the meat
was purchased of the father, and not of the son, and
that in oonsequeoce he was not liable to be sued by
him.—His Honor decided in favour of the plaintiff,
and gave a verdict for the amount claimed.
BAN[SUPIIL—Mary Ann Harder, supported by
Mr. Fear, applied for her discharge. She was
opposed by Mr. & Watts. After a lengthened
investigation of the case, the matter was adjourned
till the nest sitting.—William Huller, of Clap
worth, dealer,also came up for his Baal examination,
supported by lit. Fear, and obtained his discharge.

FROME.—Road-hill, otherwise Langhan-honse,
has been purchased of Mr. Haynes by Abraham
loverton -Fog., of Westbury, Several ineffective
attempts had been made to dispose of the property
by public sale.—Captain Lovell's challenge cop
to the third Somerset Intl:lion has this year come to
From., private Jabos Eames having won it in the
competition on Monday. Last year be had Colonel
Lattrell's rifle, and this year the cup.

WELLS. —NORTH SOURRART Yam( ARRY CAVALRY.
—The Wells troop, commanded by Captain Jollaffe,
M.P. far Wells, carried off the prise of .C 5 given
by the officers of the North Somerset Yeomanry
Cavalry for the best turned out troop during the
eight days' training of this regiment M Bath, oom•
plotted oft Saturday.

WESTON-BUPER-MARS SICOND &sus=
Awrittsav Pans Fisuro.—Tlte oompeny_competed
' for prises at their butte at Uphill on Tuesday. The
, ranges were from 100 to 300 yards, the carbine being
used. The firing was very geed, especially this of
William Loray and William Vicary, the former
rooming in for the principal trophy, viz., • silver cup,
while the latter was not very far behind. Every-
thing pawed off very eatinfectorily, The ocm. re-
turned borne in the evening mush gratthsrf with
their day's anoremaist.
PATIIFIIL CASS Of EL0T1131177.-1t Li our duty
to record one of those oases of oosjugal infidelity
which, for the honour of human nature, are happily
of rare occurrence, but which, when they do tram.
spire, never fail to indict, in the circle with which
they are oonneoted, wounds of the most painful des-
cription. For several yam past, a gentleman
.bee
been residing with his wile at a Northern watering.
place, in the enjoyment of the most perfect domestic
amity and comfort, and of those social advantages
which result from the poeselion of a large circle of

friends. Some seven or eight weeks ago, the lady came
to the residence of a married sister living at Clifton,
for the purpose of paying • visit of sympathy to her
and her husband, and to condole w ith them on the death
of their son. She was followed thither by the man
who has since brought her to misery and shame.
This person, who holds a commission in the army,
being a captain in the 9th Regiment, and the son
of an ex• Baron of the Irish Court of Exchequer, has
been for several years on terms of intimacy with
the gentleman he has so grossly injured, and whose
hospitality he has so foully abused. There was
nothing in his conduct in any way calculated to arouse
the suspicions of the wronged husband; indeed,
being a married man and a father, the fullest confi-
dence was reposed in him. On Wednesday the guilty
pair left Weston-super-Mare, where tbelady's aster's
family had been temporarily sojourning, and Mr.
bad been staying with them. She left a letter be-
hind her, in which she announced her departure,
but offered no excuse for her misconduct, beyond
the miserable plea that she was not mistress of her
own actions, and had been irresistibly driven to
take the fatal step. Our readers will, we think,
agree that the case is one of the most scandalous
character, and the conduct of the officer • gross out-
rage on society. We bear that the most profound
sympathy has been expressed for the outraged
husband. The truant pair have been traced to Paris,
and the necessary stepe taken for bringing their
guilty conduct under the cognisance of the proper
legal tribunal.

SHEPTON MALI:T.—Tux Itimoir Hurt
Col. Luttrell's splendid stud of horses, to hunt with
the East Mendip Foxhounds this season, have
arrived at the George Hotel stables. They appear
to be in good condition and tit for anything across
country.
TEMPLE CLOUD. FATAL Accronier. —On
Wednesday morning Mr. Bruges Fry, coroner, held
an inquest at the Temple ino, Temple Cloud, on the
body of Walter Joseph Wears, a little boy who was
accidentally drowned. On Saturday, the deceased,
and other boys were playing in Mr. Thomas
gingtons's field, where there was a deep pond.
They ran round the pond, and deceased was going to
throw something into the pond, and he ran so fast
that he could no stop himself, and fell into the water.
All the other boys ran for assistance, and a man
named Joseph Holbrook came and tried to get de-
ceased out of the pond, but he could not find the
body. Subsequently, however, an individual named
Dudden found the body of the deceased, who was
not quite dead, as he could breathe a little, and Dr.
Perrin was sent for. The jury returned a verdict
that the deceased was accidentally drowned.

CREWKERNE.—Cousxv Coogr.—A sitting
of this court was bold OD Tuesday, before C.
Saunders, Esq., judge, when there were five after-
judgment summonses, and 88 new plaints for adjudi-
cation. There were scarcely any care of public
interest, and several were as usual settled out of
coart.—Symes v. Burton.—The plaintiff sought
to recover 5.. 6d. for goods supplied. The
plaintiff stated that the defendant kept two caravans,
and was well able to pay, and that his daughter-in-
law came and fetched the articles. The defendant
said that he had no daughter-in-law, and that he
knew nothing about the transactions. He asked the
plaintiff to produce her withers', and accused bar
of perjury.—His Honor decided in favour of the
plaintiff. —Patten v. Wilkinson.—This was an
action for the reoovery of .C 3 CI 15a. of which had
been paid into Court, for cider 'applied. The
question at Onus was whether the plaintiff was
responsible for • quantity of cider which had
been spilt, only about 9 gallons having been
left out of a hophead. The plaintiff endea-
voured to prove that the waste was occasioned
either through the negligence of defendant's
servants, or by an accident whilst it was index
their care, and that it had been left at the house in
their bands, they having consented to convey it to
its destination in the cellar. The defendant con-
tended that the plaintiff or his men ought to have
seen the cider safely lodged in the oellar, but His
Honor considered, as defendant's servants had been
entrusted with it, he was certainly liable for the
amount claimed, except the value of the cask,
which the plaintiff had failed to charge on the
delivery of the bill—A verdict was given for the
sum of La—Lowey v. Adams.— This was a judg-
meat summons; the defendant had contracted a
debt for boots and shoes, and the plaintiff now
asked for • committal. The defendant did not
appear. His Honor asked the plaintiff his moon for
wishing the committaL —Plaintiff : I can't get my
money, and so I thought he might as well
work it out under government. (Laughter.) His
Honor: What do you mean by working it out under
Government I—Plaintiff: Why, gaol is under
government, isn't it, girl—His Honor: But he will
have to pay the amount when he comes out all the
rme.—Plaintiff : Will he, air, I wasolavrare of that.
—The defendant was sent to gaol for 10 days.--
Ord v. Fattimore.—The claim in this instance was
for ale, &c. —Defendant did not show good cause
for nonpayment, as previously ordered by the Court;
he was committed for 10 days.
_ _ _ _

BRIDGWATER. Sr. MArregves FAIL
This, the largest fair in the West of England, was
largely attended on Wednesday, the increase being
attributable to the alteration of the day for holding
Barnstaple great fair, in Devonshire, which, until
this year, barn fallen on the same day as Bt.
Matthew's. The supply of beef warn short, and of
not very good quality; nearly all was sold at from
10a. to Its. per score. There was a niiddlingsupply
of store beasts, which hung upon hand. Not each
a large supply of sheep as usual, but of those penned
a large number changed hands, at good prices. An
unusually large horse fair; horses sold at had prices.
Agricultural colts numerous, but good hacks scarce.
A great falling off in the cheese market, but the
cheese pitched realised high rates.

TAUNTON. SODDEN DEATH. —Oa Sunday
evening an aged man named Hawkins, a mason, re-
siding in Church-square, fell down, and instantly I
expired.
A POLICOIAN KILLZD ote THE BRINSOL AND
KILT= RAILWAY—On Saturday evening a sad
event occurred on the Bristol and Exeter Railway,
• policeman, named Robert Shopland, having been
instantaneously killed. Shopland was stationed at
the crossing at Norton Fitswarren, at the point
where the Watchet line runs into the Bristol and
Exeter line. His duty was to signal the approaching
trains. At • quarter to five o'clock oa Saturday
evening the stoker of an up-train approaching
Taunton observed the deceased come out of a little
abed by the aide of the line, as the train was a short
distance from it. He ran on a little way, and then
halted, as if afraid to proceed, and then ran on the
line. The train pinged at that moment, and on the
stoker looking back he saw the unfortunate man
I lying by the side of the rails. The train was
stopped immediately, and the stoker ran back, find-
ing the lifeless body of the demised. The only ili-
jzzerrent was a blow on the head, probably
by the "buffer" of the angina The deceased
his left a widow and three children, and he has
borne a remarkably good character since he has
been in the employ of the company.