The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1878-03-19 00:00:00

d Langton.
and

and Yr. H&J for Ms drinadmitts, (sotor, Mr. T.
Cooasb.).
Tie facts of this case tvere interesting chiefly to the
uopicuitural pithlic, but it did not Involve any vvry
imp 'runt i.e.,. It et IA simply • question of custom
rel itive ts unc mounted straw left upiu a faros in a case
of change of tensntcy Tne plaintiffs were the executors
of tie late Mr. David Avow., mal the defendant yr/A a
gentleman n mied Way, and it was liroucht to recover the
swim of Mk 19.. 31. for mraw left upon a farm s bleb the
ilifimilant had enteral up in at L mom, near Beugulustuy,
After Mr. Collins had opened the case the learned
Corneal on either side agreed that when the incoming
tenant did not Day for strew left upon t (arta, he, in his
turn upon outgoing, did not receive payment and 11110
i 5,,.. The only quesdon, therefore, in this case was, had
the defendant paid or not for the straw, which it was
allowed the 111,`VIUUS outg tint t flint had hat ni imy for.
A consultation took place attar Mn. Giles Symonds,
auctioneer, had been called awl Itriellv vratoined, sod Mr.
Collins announced that on the part of the plaintiff he
agreed to • verditt of 1,40.
Maas* v. Adana—Mr. Mathews for the plaintiff,
(solicitor. Mr. Trevanion. of Poole). Defendant did not
answer. it was a claim of C 179 fr. dd., part of an unpaid
debt Defendant had dled an answer that he had paid
the money. His lordship pointed out the onus rested on
the defendant as he had not appeared, he directed the
jury to return a verdict for the amount claimed.

THE GREAT WEYMOUTH TOOTH-
PULLING SLANDER CASE.

Wallis v. Leo —Mr. Coln_ Q.C., and M. Sullen for
the plaintiff (”licitor, Mr. Ramie). Mr. Collins, Q C.,
and Mr. Pitt Lewis (solicitors, Mews Stegall and
Hooper) for the defendant This case has excited an
immense amount of intennt in th• town, and in the court
there were • large number of " celebrities, at home." in
all the incidents of an action which wu but another
etuunple of the old adage, 'two of a trade can never
agree. sad which promised had the rolismimlus briefs of
the learned counsel been gone through to have afforded •
great deal of amtwingly-dentietical information.
Mr. Bulbul opened the pleadings front which it appeared
the plaintiff sought to recover damages for • false and
malicious libel ; and the defendant had pleaded that the
statements contained in it were Lyne in substance, and in
fact; and further that they were privieged communications
and fair end resionable comnienta upon the acts of the
Pittathr•

opened the cam in behalf of the plaintiff
He said the plaintiff wail • young mac. the sea
o▪ f
Y respectable parenta living in Weymouth, where
he had spent the greater part of his life, and the defen-
dant was practising and had practised for some years as
faorde.ntsat anthtehme ezmt
crueland An.thcii thouse actilibeonblebase
thiMouga
he
had ever read penned by one man against soother; it had
, been actn&til evidently by the most malicious feeling
, which had originated, no doubt, in the fact the plaintiff
bad come to set up in business in the same capacity and
the same town as: the defendant. The history of the
case warn shortly this: The plaintiff when he was about 16
years of age went to America for some time—some where
about three years, and be then returned to the home of
%Li father, and dwelt with him for some little time. An
arrangement was then made that he should become a
dentist. and an agreement was entered into with Mr.
Levi, who lived very near, that he should take him as a
pupil. Now the fact of his having gone and resided in
America wee the subject of one of the gross attacks.
' Well, be went to Mr. Lift in May, and in March
MTh in company with a fellow-apprentice named
Hamilton, he went for a holiday to Bristol. They, no
doubt, overstayed their leave, and on coming back they
found the defendant had flown into a very violent
oascion, and bad threatened if they came back to his
place they should be kicked out of the place. The plaintiff
lid not care to encounter the treatment he was likely to
receive, and, consequently, did not return to b(r. Leys as
• pupil again. He remained with his father for some
time, and then went up to Bristol with his friend
' Hamilton, and practised as dentists in several towns on
their way up. It seemed a Yr. Lewis, who had been •
pupil of Mr. Lem, lived at Bath, and the plaintiff
went with him as his ea:natant for three months.
After 'that he again returned to his father,
and at that time and afterwards there existed
between them both the moat perfect terms of intimacy
and friendship, and the plaintiff intimated to Mr. Ley'
that he wished to obtain a situation as an aasistant.
Defendant thereupon readily said he should he most
happy to give him a testimonial, and to do what he could
to .aasist him in obtaining it. Accordingly, on the 14th
cy A Is 7& being at the defendant's house and in his
• op defendant said "Too write the testimonial and
I will sign it" Accordingly this was then written :
" August 14.--ffainuel Wallis has been with me upwards
of two years, and I have found him strictly honest, and,
with regard to his business capabilities, 1 think he is
quite capable of taking the situation. The above is
correct and written at my dictation.—H. Lire" Here
they had a master giving his pupil a testimonial
who had been with him for two years (that was
not quite correct it was not quite two years),
and In accordanoe with that he goes to his situation at
Mr. Lloyd's, of Lincoln, and remalned there two or three
months. At that time Mr. Lloyd met with • most
unfortunate accident, which necessitated his obtaining a
more competent man, who Lad manage the whole
business, and consequontly the plaintiff lost his situation
through no faults of his own. Then some time after he
went into the service of some gentlemen at Chester, of
the name of Rollin and Co., very highly respected:l
dentists, and there he remained from October tail July
USA% and he filled the situation much to their satisfaction
and received an exioillent testimonial Lxitu Mena
In the course of them situations he aNuireal a consider-
able amount of knowledge of the tiness, and endue,
enured to make himself a; good • Mudd as he could.
Having hem with them about seven months he then went
into the service of Mr. Woodman, of Exeter, and there
he remained over six months and obtained the mod
favourable opiniorj of his employer. He at the expiration
of that time returned to Weymouth, and thinking he bad
soon %ono...thing like four or live years of very hard
practice, that he was competent to set up in prac!ice for
himaeU, he amordingly commenced practice at his
father's house in Weymouth. Unfortunately the
plaintiff's father lived about eight or nine doors from the
defendant Apparently, however, there was no inter-
ruption of the, friendship, which had previously existed
between Kr. Lays and the plaintiff. Mr. Len : There
is plenty of room for all of us. "My clients time always
perfect confidence in me and those who have not I don't
care much ;about —He said this perhaps in rather
' stronger language. And or, matter& went on and the
• plaintiff got together a very Nina business and showed
' that he had had all t 1.., oadinary practice for a clever
mechanical dental:. He was also in the habit of visiting
deem in the r.eizhbourhood, and went on certain days to
Waretuar.a, of which he had previously given notice, and
' this it erns which seemed first to have roused the ire of
Mr. Lem. Now defendant never went to Wareham at all,
' hut he did go to Poole on certain days, and he would
apparently seemed to have thought plaintiff by going to
Wareham would rival him at Poole Mr. Wallis was
getting on very well at Wareham, hut one day when he
went there as usual he found to his intense surprise that
there was quite a cuinsnotion in the town, Moot the
' dentist. existing among all the principal inhabitants of
the town—the Mayor and others, and that this had been
caused by the circulation of circulars attacking hiss in the
most cruel end abominable language For why and
wherefore he (Mr. Cole) could not tell because the defen-
dant had no customers or clients at Wareham ; but he
seemed determined as far ne they could make out to
crush the plaintiff at all hazards. And on the plaintiff
making inquires; be found that all the chief inhabitants
had received copies of the following libel, which he
' would hand to his lordship. (Laid Magid in.) Mr. Cole then
proceeded to read it, with interpolations as follows :—lt is
Leaded in lure letters "A CAUTION." Having been
informed by some of my patients (Now that was not true, !
for ho had no patient.' then) that an individual calling
himself a surgeon dentist and a pupil of mina Lea Mee
visiting in your neighbourhood, and by his fa:ae mis-state. '
manta may induce some incautious peopie lo have confi-
dence in him, I think it my dety 'xi caution the public
that he has no knowledge or slightest notion of surgery.
It is true he was with me some time ago, and was for a
few months only (A, moat distinct falsehood) in my estate
lishment, where ho behaved himself in the most disgraceful
i manner. He never would leern nnyildn& and was constantly disturbing the other apprentices in their work,
ifinally inducing on. of the others to abscond with him.
(Defendant must have very peculiar ideas of a privileged
communication It only showed the malice.) I
most say I afore he came to me be had just returned from
America (No very great harm in that), where he had been
' for a few years getting his living as • navvy on the rail-
' road and with the axe in the forest. (Let Mem just see
the malice. If • young man did go to America and get on
the railway or use his axe in the heeds he did not think
that was much to his die:radii,. One could find out there
young men who had talara their degrees at the Universi-
ties similarly employed.) If such an ignorant and
unacrupuloes Hack abis was the man to whom ho had
given spel a handsome testimonial) was allowed ondis-
Lulled to palm himself upon the public cz • aura
dentist, who knows what injury he may indict on
who trust to his fictitious skill. (Defeutlant here smiled;
Mr. Cole, turning to him: .11e seems to be extremely
proud of his production. He MIAs. We have heard of I
the tomb-stone erected by the disconsolate widow, who
commenced with the virtues of ber husband, mid
concluded with the intimation that she would
on the business as before. That is the course=
gentleman has pursued for after this follows)
Mina =do dental airmen and manufacturer of '
artificial Thomas-street (Kr, Collins: Saila Thomas. '
street I—Mr. le : Oh yea, St Thomas-street, about the
only thing saintly in the composition I should think.
Laughter) Weymouth, established MK attends at Poole
(After the style of the tripe and trotter business. I hope
be (lomat% attend my friend's teeth when he's there.—
Hie Lordship: What ha. Mr. Collins to do with FOOta I--
Mr. Cols: Oh its his borough, my lord ; he. the Recorder
of Poole) every Thursday from one to four, at Mr.
Wakeley's, North.strest, and DorcLater (He is kind
encl.igh to coons to Dorchester) Saturdays, at Kr. Korb,.
tons, confectioner, Dorchester (Rs is here today. and
1 think it very fortunate for people whose teeth may be
out of order at Weymouth that be is, and is not able to
operate on their teeth to-day. Perhaps he will allow ma
to opmda on him a little).
ltr. Ode continued: Now it was all verd well for him
to maks fun of the circular, and for them to laugh at ;
but let them only fancy how they would feel if they were
setting no in business and such a thing were said about
them. Well, the plaintiff went to the defendant and
saw him, and said "Have you published thief" and he
said "Yea, I have; I will publish thousands and send
them all over the country." Now be should show that
previous to his having published this libel he was
cautioned by several people to whom he gave eight or ten
at a time. He was cautioned men before they were
printed, and his reply was "Oh yes; I'll crush him, I'll
mush him." He handed over a lot to one witmes, who
would be called, Kr. Emanuel Oliver, Jeweller, St Mary-
mast, Weymouth, in October, and vrben he gave him the
letter he said "There's a clock for Sammy Wails, that
will shut him up." Really, he did not think he had ever
read • wane libel. There would be no difficulty about
proving the publication. It had been admitted over and
over again. The result was that the plaintiff instructed
his solicitor to write for an apology, which he did in a
very proper letter. And what had been the result! why
he pleaded as they had heard justification, and that he
held it to be a privileged communication as it had been
sent to patients of his: and he went on to my as for
certain statements purpoting to be statements of fact.
they were and are true. On the other hand he (Mr. 001 e)
was prepared to offer a very lemonade termination to the
ammo on the part of the plaintiff. He could only say this
was a MIDO the plaintiff had been compelled to bring for
thelpurpose of setting himself debt before tks
clearing his character, and not for the purpose of
money into his pares. 11 the Madinat wouaq coma
forward and withdraw thaw datuneats and maks • falr
and straightforwied, apology, why Mere let tlici SWAM
rest But if t.Le defendant refused to do this, cicd same
to tight the case out, then he OIL Cole) "'awl ask them lor timbre gentlemen of Direst to mark their sense of the
conduct of • man who had endeavoured to ruin e many man to whom he had Kinn such • handsome testiresed4 and to wire such damages as would free his coaracter from
the asions he had cast upon it in the lettat ba seat to
the intants of Wareham.
The Judge: Now, Mr. Collins, wloi do you say to twit?
Mr. Collins: To a metals) extant, my lord, I BM to
obey instructions. (Lexter.)
The Judge: I should think you would form your own f
opinion of oho Is judicious, And It may be well Wore
It goes further to consider it.
brifliorreClansharl: Ajmer littahato defendant—hilP told him iit""wag I
utterly Impassible that I could stand op and justify the,
whop. or the principal portion of the libeL it wm •
thing that could not be done The defendant, however.
Is • foreigner, and seems to have different ideas of
English law to what I have as thought there was • I way 0( ggWng out of the consequences of haring mitts. I tas libel by SIMS in me. (Laughter.) MIAMI or =War. He had great trait '
a AM a very deeerred trust
Kr. o.Ladgeas added defendant's solicitor Meisel hint ti
after time that it was intmadble, and Midsized inatract/a Ma to tell the Coarthe gethsly witistrawl=woaw,
wind this young man. 17Moubtedly the na
hit Mr,