The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1869-03-09 00:00:00

Thomas Feder Hopkins, miller, mid that oa the
25th of January Lovell brought 621ba. (with beg, which
was stoat 2115 e.) of enmity wheat. with praises and
wild oats la IS, to be gram'. He wasted it at ones,
but witness bold Um Kumla hot be done then, bat he
would and It seat Morning, and leave It at liaableigh's
house. Prisoner mid "No, ls's. it at Mr. lituresoy's."
Could swear to the bras produced, se being that from
Hie wheat be ground. —Oroes-examined : It was • very
inferior sample of wheat for last you's growth. A man
named Cobb wee Galled before the nuigiefrabse and
examined.

mid his dilutes was that the wheat was
71—r.Trollins
very likely gr. Js' s at one time or another, bat that
prlsooer bought it from Short, and the prosecution had
not dared to call
.Short to disprove it.
. .

Th. jory fostnd the prisonergallty.
Mr. Collins sold prisoner was In the employ of T.
Millar, of Plush, continuously for 18 year's, and left to
take a little farm.
The judge senteneed him to three months' hard
labour.

10 DILL&
Joan Thetford Indicted for stogies 3e. from George
Critehell, at Fordiagtoo. Joshua Rom, indicted for
arson. Desk( Bcq. indicted, "rite t*o others, for
highway robbory at Dorchester.

NISI PRIIJ6 COURT.--SATOIDAT.
(Before Mr. Justin
His Lordship entered the court shortly after ten
o'clock, sod business almost immediately oommenind.
TEI MAT CUD Celia.
Warieickv, Toogood was an anion by a. farmer of
Romeey, Hants, against the well-known seedsono,
Mr. Toogood, of Southampton, for £22 19s. 7d damages
on amount of the latter having delivered him 31b. of
swede end of •qaality inferior to that warranted. Mr.
Cole, Q.O ,sod Me Rogers, instructed by Mr. Johns, of
Ringwood, appeared for plaintiff, and Mr. Prideaux,
GC.. and Mr. Montague Here, instructed by Mr. Page,
of Sonthemptoo, for the de/seder&
Mr. Roger; in opening the pleadings, stated that in
the ilret count there wee alleged on agreement, and •
breach Of agreement, for the sale of certain seeds; the
woad count alleged that the seeds were warranted as
green top turnip seek. The third count alleged that
there was a false representetion. On the and couch
the defendant pleaded a denial of any agreement or
breach thereof; on the wood there was • denial of
warranty, that the seeds supplied were of the quality
warranted; and tin third woe disposed of in a demurrer
that the count showed so frandulent reprimentation or
any warranty or primates.
Kr. Colo eale plaintiff was • farmer at Bonney,
Hants, and deleadant was a dealer in agrioultaral
seed. The ;martin wee whether the seed sold as of
good quality, tented int wording to the warranty,
or whether it was indeed very had seed. In
May, 1866, plaintiff bought of def 'adapt Como purple top
swede mod, and wishing to purehaas some more seed,
he eras recommended to purchase some green top
swede seed, which defendant said was very productive.
It was put Into grimed properly prepared; bat when it
ewe up, instead f rooting, it grew into • lengthy sort
of green, with no turnip-like root at aIL It was neither
• rape nor was it • turnip, and the shepherd called it
"calibers." Plaintiff wrote to defendant to some up
about it, but be did not coin*, and plaintiff wrote to
Mr. Toogood Wing for oompenestion of £22 lits.
No notion we. neon of this; but plaintiff tools no pro-
ceedings till 1868, on the 20th of which Mr. Johns
wrote demanding oompenestion, to the amount of
19a. 75.. and an =siert was neeived from Mr.
Toogood. (This letter, which barn &howdy been the
'enjoin of an anion for libel, need not be repeated. It
stated that yr claim for compensation arose from an
suntan entennieed by Kr. Warwick against him,
Intimated that if Mr. Toogood insulated Magisterial
proceeding', be (Warwick's) notorious character
would ensure a conviction, warted that it wild
be proved Mr. Warwiek bad • tory good crop
of roots, conciliated that it was • pity any
attorney should be found to do the very dirty work
1 of such dirty alien* that if do:WM wore to be
wavered in such a way no utan in the trade woeld be
safe from such scoundrels, and concluded that *yin it
, he bad sold it, his conditions of sale would protect
eke from • elaim for compensation.) ide Cole, on
the former occasion when the jury awardid 'farthing
damages, was for Mr. Toogood, tbe opposite side to
which he was now, but that was the fortune of war,
which could not be helped. —The Judge Have you •
copy by you of your speech on that conaion?
Mr. Cola said he believed his client was so proud of it
that he had it framed and glased—(langhter).
Mr. Warwick. plaintiff in the Loam', said he lived on
his own estate at A wbrideo, near Ramsey. In May, 1866,
he prepared throe wee for "owing swede send. It we.
ploughed four times, and sown to swedes for feeding
sheep. In the Middle of May 1966, he bought some
seeds of Toogood. They were green top swede and he
bought tbuo 0 defendant's shin in Eidutgneptan,
where he &at saw • young lad and after-
wards saw defendant hisaseU. Plaintiff asked him what
said he would recommend him to have—purpletop or
green-top—and be said green-top wee'best, and he could
recommend it. Plaintiff said he had never had any
green-top; but Toogood pressed him to have them,
saying they were the beet sort. Plaintiff replied be had
been in the habit of sowing purple-top, and if they
were so goods' them they would do. Defendant said
he would warrant them as true to sort. Plaintiff
bought about 31b. and had it in Mr. Toogood's bag,
marked with his name. The name of the sort was
written on the bag by Mr. Toogood. Plaintiff took the
seed home, and give it to his eldest eon, who put it
into • drawer, Plaintiff told him to put it away, and
they drilled it twolor three days lifter In lead previously
prepared. He drilled in May about an sere and • belt
with purple top said from Mr. Page. of Southampton,
and an aare and a half with green top side by side in
the maw IleW. Both sone eame up, an i grew well.
nay were flat-hoed atid than singled, and weeded in
the anal way. la Aignet following he ex•mined the
iron, and found tho green top growing lanky end high,
wititeut any bulbs ; but the purple top hotbed very
well. The green top did not ban any bulb at all. He
watched them very closely, and when they were fully
grown, the green bop were of no earthly use whatever.
They did not improve the land, and be had not so much
barley after them. Soon after he discovered the state
of things, be saw defendant, and said "I no sorry I
had sooh rubbish of aced. I wish you would come and
look at it." Defendant said "If you will not make •
noise about it, I will leave it to Mr. Bland/IL" Oa
the Bth November, he met defendant at Bonney fair,
and told him of it, and Mr. Toogood said
he should like to see some roots. His
sou afterwards brought him some of th a
plants from the purple top and the green top seed.
tie obtained some one to value the crop,and sent defend.
ant the valuation. A letter warn sent to Mr. Toogood
demanding £22 19s. lid. compensation; but no reply
was made by Mr. Toogood. The purple tope produoed
from 18 to 20 tons par sore, but the green tops only
about three bins per acre, of a woody gelOky ;Um, and
the shepherd p 051114.1,144 that the sheep would not feed
on theen—Croni-exasoined by Mr. Prideanx : He had
farmed over 50 years, sad never grow green tops before,
though he termed 90 to 100 sores He could swear be
farmed 50hcrea. He bought the seed about the middle of
May. When be bought it be Wed the lad foe
a good sort of nod. Did not tell the lad he ought to
let him have it cheaper, as he was in the trade. When
he bought the seed Kr. Toogood and the lad were both
In the stop, and both had to do with selling it. The
bid was present when the words "21h. of greontop
swede" were written on the pawl. He maw it written.
but did not know who wrote it, but he saw defendant
leading on the doh. Did not have any neon.. The
writing On the beg,tie would swear, ens not the writing
of Mr. Pine, of whets be had bought come other seed.
Defendant had brought an anion Karen hien, and
recovered 19.,25. more than plaintiff paid Into court. He
(WarwiclOalso had to pay the cons, but it did not make
him angry. 11•4 brought an &Woo for libel_ against
Toogood, and the jury kayo lid, damages. Behoved
then roots grown from the purple top sod green top
seeds were exhibited by him at the agriseitoral mestine,
but he did not eali the attention al the publie to the
green top roots as grown from Toosood's seeds. He
himself was not at this show, but his son was there.
He (plaintiff) had said two or three times that he woull
bring an Winn menet him. The three-aere geld where
where they were born res prepared. It was near
Captain Tharstoo's, who went to see the toots, and said
he never sae such rubbish in his life. Did not know
that Captain Thurston was dead when he brought the
aation. There was • high hedge by the side of the
field, but he did not sow the end under the hedge. The
purple top wore sown as nor tbe hedge meths green top.
Whether theybelbed or not soder the bodge depended
on the sort. Bosh ends were sown the ewe time. There
eras no unapt warned in the lield,but it was sown
entirely with one of then two aorta of seeds, except
whore there was • little minfoin. Ilb of good
end is imply sufficient for no acre of land. There
must he about lelb. in the drill before the drill
con sow at all ; bet there would be a difference word-
ing to the way the drill was set He could drill it out
to-half-a-pound. Had complained to defendant before
the letter in Mardi, he complained on Nov. 8, and
before that, in August. The roots were forward
eg "sough la Aean him to jadge them—B..
inamined by Mr. Clo • there was a'sompoaitiou of
gesso, ashes, Ira, drilled with the and.
Edward Warwiek, son of plaintiff, remembered his
father bringing beak WM purple top sad grew top swede
and from Southampton. The bag produced was that in
whin the green top nod was. He sowed the s•s4 with
about 100 bushels of composition per acre, and it cams
up well, was hoed and wooded, and no difference
made; but as they "dewed he noticed there were no
heads to the green tope. This was explained to mean
bulbs; bat his lordship remarked that our heads were
the other way—(langling). The green tope were like •
rape root, and • swede green. They grew higher in
stalk; but did not grow to root.—The Judge asked
about the different* between purple tope and green
tops, arid Mr. Cole explained that the only difference
was that the top segment of the first were pimple, and
the other green; but the bulbs ought to be the same
obapa—When witness was at Roomy, his father asked
Toogood, when be waeqito seed • gestleman to
look at this rubbish. Kr. answered that ha had
been tolling P•orde he liad seed of him and he
should has, 'seeking es do with it. His fakir said In
should hams a competent person to value it. He
himself also spoke to Kr. Togood, and he said the first
time he some to Reway he would see them. Winer
then took awe roots to the Dolphin Hotel, but Mr.
Toogood refund to look at them. He afterwards
missed them, and saw them lying under a stand. The
purple tops tarsi& out about 23 tons, but the others
were useless —Oross-examined by Mr. Pridesux : The
purple tops were not sown in the best or most open
part of the field. The trees were as numerous near the
purple tops as the groom The whole of the turnips
Wig. sold for feeding sheep to Mr. Dalgotty:
Charles Bettridge said he was shepherd in February
logy to Mr. DetV, and was ordered to take 110411111
sheep to Mr. "i'fik's farm, H. took about 70
ociaplas of ewes and lambs, about the first week in
Marsh, and put them on • green pion of turnips Part
of this piece woo swedes, and part he tolled "'unbent."
with plenty of top, bet no bulbs at all. He °emplaned
to Mr. Warwick, for the sheep were forced to eat the
greens; bat they could not eat the root.--Oreem
examined They were obliged to sat all they contd.
They were there about three weeks, and ate about half
the field. There were more trees on the aide the
" anthers" were, sad the hedge was higher. Could not
tell if they were drilled 'lose together. —Re-examined:
There was • rape root arid greens, but no head (or balls)
to sat. Had known turnips 26 year.; but bad very
mildew seen such roots as those, though he might have
nee a wild one like them oseardottg.among the
whips, bat they sal thou out when