The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1858-02-16 00:00:00

TOWN COUNCIL.

NEW FAIRGROUND.

On Friday morning a special meeting of the
cipal corporation of this borough was held in the
Council Chamber. There were present The Mayor,
Wm. Muffleld, Esq., in the chair; Councillors Legg,
Lock, Andrews, Hodges, and Bishop.
After some conversation, it was agreed to affix the
common seal of the borough to, and adopt, a memo-
rial to the Duchy of Cornwall with respect to obtain-
ing a piece of land in Fordington Held called
" Beggar's Knap fin a fair ground.
It was also unanimously detefroined that the
memorial be presented by a deputation consisting of
the Mayor, and Councillors Coombs and Andrews,
and that a copy of the memorial be at once trans-
mitted to the Secretary of the Duchy with a request
to be informed when the next meeting of the Council
of the Duchy will be held, and when the deputation
could be received.

On the motion of Mr. ANDREWS, it was resolved to
send a copy of the memorial to each of the borough
and county members, with an intimation that an
application had been made to the Prince Consort as
president of the Duchy of Cornwall to receive a
deputation, and requesting them to be kind enough,
upon due notice given, to attend and support the
prayer of the memorial.
Mr. ANDREWS stated that he should send the
members a copy of the memorial from farmers
attending Dorchester market, and agreed to some-
time ago, for a similar object.
Mr. 'BISHOP remarked that there was a growing
feeling in the town in favor of obtaining a piece of
land as a recreation ground for the use of the towns-
people, and it was probable that ere very long the
movement would become more decided, and an
earnest demand be made for what in some quarters
was looked upon as an absolute necessity,
The nieeting then broke up.

BOROUGH MAGISTRATES' OFFICE, Townhall, Satur-
day, February 13.—(Before William Manfield, Esq.,
the Mayer.)—A tramp, giving the name of James Stone,
was brought up, having been found by P.C. Charles
Bartlett about one o'clock that morning asleep and
druulc in the South Walk. His Worship cautioned the
delinquent and ordered an officer to conduct him beyond
the borough.

COUNTY MAGISTRATES' OFFICE, Shirehall, Saturday,
Feb. 13.—(Before H. Williams, Esq.)—George Adams,
a well-known offender, was find 58. and costs for being
drunk and incapable. P.C. Woodrow said he found the
defendant lying down drunk in the road at Evershot on
Friday night.

COUNTY COURT, Feb. 9.—(Before E. Everett, Esq.,
' Judge.)-27 causes had been entered for this court and 3
, judgment summonses issued, most of which were settled
out of court. Hamm v. Gale—Defendant did not ap-
pear. Claim for balance of rent, £4 10s. Defendant
gave up occupation last Michaelmas, but promised plain-
tiff to pay by the end of this week. Ordered to pay on
Saturday.—Rogers v. Millen—Claim for mattress,
10s. 6d., and a bolster, 2s. Charles Seal deposed to de-
livering the mattress to defendant's son, but defendant
declared that plaintiff sent him a 10s. 6d. mattress which
was not ordered, and which the plaintiff sent in lieu of
one lie had already paid for. Defendant, however,
failed to convince his Honor that he had not received
the mattress, and defendant was ordered to pay forth-
with.—Gariand v. Davis—Debt a 17. Defendant
did not appear, and service of the summons having been
shown, plaintiff proved the debt by producing a letter
from defendant. Order to pay on Saturday.—Winzar
v. Golciring.—Debt ET 13e. 2d. Ordered to pay by in-
stalments of 10s, a month.—Groves v Davit.—Debt
£5 lls. 3d. Defendant did not appear, and was ordered
to pay on Saturday. —S. M. Cornelia., v. Edward
Rutledge.—This was an action adjourned from last
court day, brought to recover the slim of £23 17s, for
surveying land by order of defendant. The particulars
embraced a charge of FA 2s. 6d. for travelling expense.'
£6 hotel expenses; £1 2s. 84. assistant's expenses; and
£l2 12s. wages. Mr. Jolliffe appeared for the plaintiff,
and Mr. Garland defended, The plaintiff having been
sworn, deposed: I am a surveyor living at Crewkerne.
On 21st August, 1857, I saw defendant at Dorchester
with reference to surveying land at Llandilo, and he re-
quested me to go there and do the work ; he thought it
would take about 3 or 4 days, and agreed to send me the
tracing of the work to Wales. I agreed to go into
Wales on the Monday following. Defendant did not
give me his field book. I left on the morning of the
24th August, and received a letter from defendant on
the 25th (which was read). I received another also dated
25th August, intimating that the work had to be laid
before commissioners for approval, and I proceeded with
my work about 9 o'clock, and generally did not return
before 7 o'clock in the evening: sometimes I did not get
to my work till 10 o'clock. The agreement between me
and defendant was, that defendant should pay me a
guinea per day with my expenses. The next letter was
received on 30th August, and in accordance with that
letter I did over again what was therein requested, and
which had been done before. I finished my work on
Friday, the 4th September, having begun on the Mon-
day week previous, making 12 days. I brought some
things belonging to Mr. Rutledge back with me, and sent
them off immediately, together with my field book, to
him. I have done the work to the best of my skill and
ability, and the charger which I have made have been
actually incurred by me. I met defendant in Wey-
mouth, and something was said about his coming to
Crewkeme to go through the work with me, but no day
was fixed. I some time after wrote to him telling him
when to come if convenient to him, but he did not come.
On Friday, the 16th of September, I met him at Yeovil,
and he went with me to Crewkerne ; but as he did not
consider it necessary to go through the work that even-
ing we did not do so. He said he thought he should
have to go into Wales himself if I could not explain a
certain part. Next morning we went through the work.
Defendant plotted the work, excepting one or two por-
tions of the town, and one line in the country. These
he could not understand from my memoranda' but I
explained them to him there, and he expressed himself
satisfied and understood it. He then stated it would not
be necessary for him to complete the work that week.
Those I explained were the only parts he wanted eluci-
dated, and he went into my house to take some refresh-
ment before he left ; up to that time he expressed him-
self satisfied, and told Mrs. Cornelius in my presence
that he should not have to go into Wales after my ex-
planations. Defendant then left and promised to return
on the 23rd October, but did not, and I heard nothing
more of him till I wrote to him for a remittance, when
he wrote stating himself unable to do anything whatever
with the plans, to which I immediately replied, again re-
questing him to settle my account, and to return ice icy
field book, which he did not do; but I received a letter
dated lot December from defendant, saying he had sent
the work for examination to the commissioners. As I
_ _ .

could get no money from him, I applied to my bro-
ther, a solicitor at Weymouth, who wrote to defendant
for the money. Rutledge wrote him again that he
would not pay any money unless it was determined by ,
two of the profession who should examine the work that
he ought, and refused to give up the field book, as he
stated he had bargained for it. Two letters were here
produced, which explained the answers before received.
Cross-examined by Mr. Garland : Mr. Rutledge did not
request me to keep my field book entered with ink (the
field book was here produced). I believe I could plot
from this (a page opened before him). The field book
does not belong to the surveyor who employs another ;
surveyors always keep their own field books.—Helen
Cornelius said: lam the wife of Mr. Cornelius. I re-
member Mr. Rutledge coming to my house. They did
not go to work that evening, because they said it would
only take an hour or two. The next day they were oc-
cupied from 10 to nearly 12. Mr. Rutledge left by the
12 o'clock omnibus, and stated he hoped to be with us
again on the Friday following; also saying lie should not
have to go to Wales, as the explanations of my husband
were satisfactory. George Ellis Pocklington said :I am
a surveyor residing at Sherborne. The charge of one
guinea per day is moderate. I should have charged 3
guineas and expenses. The work of one surveyor would
depend materially upon tbe work done before. I could
have plotted from this book myself. I have been in
business nine years—Frederick Moore said: I am a
surveyor residing at Sherborne. I have been in busi-
ness nearly 40 years. I think I could plot from this
book. It is usual to keep field books in pencil. I
should do it correctly whether I did it for a surveyor or
other person. It is not usual for other persons to see
our field books. Assuming that this field book is correct,
I could plot from it. It is done in a workmanlike man-
ner. This closed the plaintiff's case, and Mr. Garland
then called Edward Rutledge, the defendant, who said : I
wrote to Crewkerne to ask plaintiff whether he could
undertake this survey, which brought him to Dorches-
ter the following morning. I told him at the time lie
was bound to show the tdans to the Enclosure Commis-
sioners. I asked him when lie could begin, he said imme-
diately. As I did not receive an answer from him by
post, I had no time to prepare tracings before be came;
but I made and sent them to him. I afterwards desired
that the field notes might be in ink. I received the
tracings and notes by rail, and I then commenced plot-
ting the work. I found very few constructive errors,
but on two or three essential points there were errors
which required further information and more lines sur-
veying. Subsequently I saw plaintiff at Weymouth. He
asked me if I had plotted a certain part of the town
work? I said I had not, and that I should have to see
another party first. I afterwards went to his house,
saw him, and asked for some explanations as to the town
portion, without which it was impossible to plot the
work. The day I left Dorchester to go to Crewkeme I
received notice of action from my employers' solicitor,
and I packed up the book and papers to Mr. Hughes,
the engineer, and afterwards received a letter saying
only 4-15ths of the work were fit for the purposes re-
quired, and that that portion not sufficiently correct was
the portion surveyed by the plaintiff. I then wrote a
letter to Mr. Brace, a copy of which is now before the
court, and went to London, thence to Wales and sur-
racily
the whole wthe
boundary ha t
i iwc
ha a
I o
nn eag thevo gave
h ground;some
n, tracingse
te b
d d P f
u ad
found that
anveyed the work myself. I found that in the town poi.-
k wid .
tions especially, the notes in the field book did not cor-
represent
other erections were altogether left out. I re-surveyed
them correct, d that hie work was deficient I then
h r

Hove of parishes, had been altogether left out by the
plaintiff, and I found many of the picket marks the
plaintiff could not fincl. I have been used to surveying
all my life. The Held book isnot properly entered. It
would be impossible to draw anything more unlike the
country than this. Cross-sxamined by lir, iolliffe : I
was compelled to furnish a fresh survey of what was con-
tained in the plaintiff's book. No portion of mY bird
work had to be re-surveyed, but I surveyed the plaintifrs
work over again, I was guilty of a common error; I
drew a line in pencil Dorn a wrong point to a picket or
station, and in consequence the next line would not
lit it, and showed the mistake lminediately. To the
best of my recollection the plaintiff never offered to
plot the work with ins till after Iliad written to him to
say the work would not do. I told him the work had
to be laid before the Enclosure Commissionerss
Honor here interposed, and suggested an arrangement.
After some consideration a verdict by consent for ,El 5
and £2 Ifs. Bd, oosts was entered for the plaintiff.
COMMITTED TO DORCHESTER GAOL.—Auizes : John
Lockyer, stealing a COSI, /so., at Crimborne • George Tay-
lor, housebreaking at Tynehatn. Thomas Billett, leaving
service at Sydling, 1 calendar month's imprisoninent
Frederick Stevens; breach of the peace at Sherborne, 2
calendar months' imprisonment. To hard labour:
Jabes Smith, leaving service t Bridport, 2 calendar
months • William Dunn, leaving family ehargeable at
Beainins'ter, 1 calendar month • Jane Andrews, leaving
children chargeable at Bridpore, 21 days; Charles Shep-
herd, stealing fowls at Chesilbonie, 3 calendar months.:
Asher Burt, stealing two sheep skins at Belchal well, 2
calendar months; George Lucas, stealing shovel at
Cerne, 14 days; Israel Homer and John Galpin, the
elder, stealing three gallon* of rye at Parkstone, 3 cal-
endar months.

WEYMOUTH.
ACCIDENT. —A sad accident happened on Saturday
week to a little girl, named Fanny Short, whose
parents reside in 'Steward's Court, Melcombe Regis.
The mother went out for a short period, leaving the
unfortonate girl in company with other children, the
child soon commenced playing with the fire, and her
clothes caught. Her cries were heard by the neigh-
bours, who rushed into the house and wrapping
the child up in cloths, 110011 succeeded in sub-
duing the homes; but not before the face, arms,
bands, and a portion of the body were severely burnt.
We are happy, however, to state she is likely to re-
cover.
BEAUTY. —On Wednesday evening the Rev. W.
Barnes MA., delivered an interesting lecture at
the SCientilio and Literary Institution, on "The
Beautiful in Nature and in Art."
On Tuesday evening the special service for the
working classes, at St. Mary's Church, was well at-
tended, the Rev. C. Molyneua, of London, preach-
ing from 2nd Feter, ilk, 11-13. The service this
evening will be held at St. John's Church.
THE FORTLYICATIONS. —We understand that last
week the preliminaries for transferring the Nothe
to the Government were transacted between Captain
Prowee, R.N., on behalf of the owner, Mr. Bayly,
who resides in America, and some officials from the
Admiralty-office. A month, however, must elapse
ere the conveyance can be completed, when the
work of fortifying the hill will be gone on with. A
three-tier battery and barracks are to be erected.
PETTY SESSIONS, Tuesday.—Before J. Ayling, Esq.,
(Chairman), and E. Bayly, Esq.—James Willis, an
errand boy, was brought lip in custody of P.C. Harvey,
charged with stealing a pair of boots, from Mr. Sherren,
printer, lac. of St. Mary-street, his master. The com-
plaiaant not pressing the ease, Willis was discharged.
Edwin Beak, another bey about the same age, was
brought up in the custody of Superintendent Lidbury,
charged with breaking open the Missionary boxes at the
Baptist Chapel. This is the third time those boxes
have been broken. Some of the Chapel authorities had
set a trap containing a quantity of yellow liquid, so that
when the lid was lifted the trap would throw its contents
over the person who attempted to commit the robbery.
A clue was obtained in consequence of some of the liquid
having been found adhering to the boy's clothes. It ap-
pears the boy goes to the school, and, of course, knew
how to get at the boxes. He was remanded until Fri-
day.