The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1869-02-16 00:00:00

WEYMOUTH.

COUNTY Cool; Saturday.—Before T. E. P. Lamy,
FAQ, Judie.
The business at this Court was again heave, there
Peing 143 caws entered, and six judgment summonses.
The mains ite were di.posed of before the Registrar, 0.
Andrews, Esq. ; but the following disputed cues ideated
some amusemedit.

Motrionoaazi Differeams.—Swealoa v. ChiIRMO.
Plaintiff, whose wife has been a lociging•hours keeper at
No. 3, Devonshire-buildings. claimed £l2 6e. for hire of
1 shines from October to December, 1868, in ooneoluthos
of defendant not having remained there thoordint to
agreement, Defendant Is • paymaster in the Royal
Na,,, and belongs to H. 14. Boerswin, and the reason
be gave for leasing his lodgings was that they were
uncomfortable on amount of the conduct of plaintiff
towards his wife.—Mr. R N. Howerd appeared for
plaintiff, arid Mr. Arden for defendant. —An attempt
was nude to settle the case without taking up the time
of little Court; bat this failed, and there followed an
er.nment so ti whether defendant ought not to have
b oeght an action and whether he had • right to leave
the house. The "great bug cam," Smite s. Movable,
was referred to; but the Judge did not consider that •
men ought to hold his lodgings till the conclusion of the
eerm, and then it be were not killed by the muumuu,
bring his action. The conditions of plaintiff being able
ID reposer were that the lodgings must be ordinarily
comfortable and habitable. It appeared that Mr.
Chmmo took the lodsinp in March, as • permanent
lodger, at £1 Its, per week, abi it was urged that he
held them during the rummer, when they were worth
1:11, and left whim the meson was over.—Plaintiff,
although certain facts he would hen proved were
almitted, wee nose-examined. He deposed that be
bad been living away from his wife for nine or twelve
month.' Declined to oth whether 3, Devonshire-
buildings, we furnished by bie mosey or his wife's.
Had had • few words with her: but no particular
disagreement, A policeman had come into the house,
but witness did not cell him in, and "Murder" vas not
cried there. It woe rather • mystery to witness how the
policeman got there: but Mrs. Sweeten spoke to him,
and be maid he could not interfere between max and wife.
He denied this happened -hen Mr. Chimmo was in the
b owe. Plaintiff had been summoned before the ough.trates
on • charge of ill.treating bis wife , Mahe truck her.
Mr. Howard rid that since Mr. Chimino lett there bad
been • little dispute about some mousy owing to Mrs.
Smeston's sister.—Cress-examination °optioned : Had
sold of the furniture since he had come home; but
heel not turned his wife out of doors. He paid for •
very Dia• lodging for her. Mr. Arden asked if they
lived together? Me. Howard objected to Oft questiott.
Kr. Smesiton had heather In London.—The Judge said
the important part was an to plaintiff's 000dnet during
the time Mr. Chime° was lodging at his house.
Plaintiff wan thee examined by Mr. ',toward, and said
he had property in Vancouver, and went to look after
it: but his wife knew of it, and before he went he made
his will in her favour. He reternsd on March 20. when
Mr. Chimmo was in (be booth Went to London June
9, and returnee:llJuly 7 but left left nelson September
12. From Marsh to Jane he wail st home in Devoe.
thimbuildings, and they were all hapP7 together—
(laughter). He was away front September 19 to
Neither 28,end had remained home ever since. Defend.
ant left on October 27, but some of his furniture had
been taken away before. On the WO there woo no
dieturbanoe. but In the kitehmi hie wife was talking
rather loud. but at 8 o'clock next morning Mr.
Chinuno gave notice to leave, and be bad taken the
other hones a month before, while plaintiff was away.
—Mr. 'Howard by midair, calling tfr„ Smeston Mr.
Chimmo, the delendandent terrected Mr. Howard, on
which the latter appologieed to Mr. suestoo, and said
he was very sorry to insult hint by sillier him by that
name—Mr. Arden complained or this, cad the judge
said it was not • proper remark.—Mr. Arden continued
that Kr. Chimp.) would immediately have mid if he
etheidered himself bound in honour to do so, and if
plaintiff had behaved in • proper manner to his wife, or
away altogether. Mr ebllorno would not have left.
—Mr. Howard: We wish Mr. Mimeo° bad been in the
motte.—Mr. Arden: I won't say aw another word
about wiehlag.—Mr. Howard : je wishes of
the wicked don't prevall—thinghter). Mr. Chicamo
was then called. He said he had been in Port.
land two years. He was at mut Sumeaton's
lodgings from March to October 1868, Mr. Smeston
came home thcarionally during that time, and ill-treated
hi, wife. Mrs. Smethoo told him (defendant) that if be
signed an agreement with her about the lodgings it
would be the mean, of preventing Stneathe from selling
the furniture, and perhaps get him out of the house, for
he would know be moot provide lien (111 r. Chimmo)
with spat Intents if helium:id him oat. He signed the
agreement, but. Souaton had not been home £4 hours
on Oct. 36 before defendant heard moaning, groans,
cries of "Merrier," end meads of a woman in h=
This kind of thing bad happened trip eth tit when
was at home, and there wee some alight distilrbooth ererY
day. His wife often rentouserefed with Mrs. Samaton ;but
her answer woo that he would go in time, and mi his
thing, were ohm =ready foe him, sod es they had
eves& Ice KN. tat= When he Vie
:bon, they welted In they would go,