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

William Frannie. shepherd to Mr. Charles llSheri'
Louse Avon farm, Bruton, Rooney. raid he um
employed to dress Doom of Mr. Dalgetty's shrep for the
feat rot. There was about an sore and half
.01. Pretty

fair purple hope; but the other acre and a-lialf were
whet they used to call bastards. The roots almost ,
wanted a *kale to get them up. The headland was
sown with Sarni* -Cross-esainined : Ile taw them in I
Much, 1867. He bed said that It was • fair crop 000 I
side oi the deld. Could not remember bow they Were
drilled, but it was nothing out of the unworn). They
were not so clue but that a horse hoe could be used.
Mr. A yton, farmer int valuer near Warminster, bad
been • farmer all his life, and often valued crops. In
Fehrearr, 1867, he was called in to look at some suedes
of Mr. Wthwiek's. The purple tops were a very good
crop, bet those by the aide were heaterl roots, by no
meths true green.top swede., not marketable at all.
He looked over the crop, and valued the difference
b°*"." ii and .hat • green toplswedes crop would have
, been at £2219., 71‘1. -The valuation made by Mr. Afton
wee put in. It west into details of the volution of
tillages ,impoverishment of the land, kg., and calculated
the damage at Off 19., 71d. The purples would be
worth El per ton- equal to 02 ; but the others were
worth nothing.—Cross-ozamined : Had • hennas for
•iluing. There vu injury done to the Wed.—The
Judge remarked that the way do value the damage was
to calculate the difference between the value of the
green top sod the purples, ssthe work done to the band,
kc., was the thine —Cross-examination resumed : The
£22 odd included the loss of the crop and the damage
to the land. LS 2.. 2id. was the amount of the
damage to the land. An acre of green tops ought to he
worth £l7 per acre, to be sold at the market ; but he
did not include haulage to the market. They would
have been cheap at CI per ton on the spot.
Mr Prideaux said the ease was a painful one for
the jury, because the, would have to decide when they
hear the evidence on the other side that one or theother

bad sworn falsely. o;is of -The coasts was that there
was ea agreement to sell green tip swede mei, the
second that UM def.rdent warranted the seed as green
top. The endorsement on the beg, which plaint/
mere was written either by defeudrint or hit segistant
was " 2lb of grerentop geode," and the bar
produeed would not hold 31b of seed, although plaintiff
had sworn that he perehased three pound..
This threw considerable donbt on the plaintiffs ease.
The angry letter that bad been read by his learned
friend (Kr. Cola) had only been opened to create a
prejudice in their minds. His friend bad been forced
to the conclusion that on the tortoise occasion he bad
humbugged the jury, became the damages for the liel
ease were reduced to ed., and if he could humbug one
jury, be eould bomber mother. Mr. Pridoeux spoke
of the status of defendant, who had bed the honour of
supplying seeds to the Royal farm. Swedes were all
supposed orieinally to ham been cultivated from the
rape, and coder some airourastmose, as being sown under
Mere, swedes were given to "sporting," or returning to
the original rape, and therefore, having no control over
the cultivation, ...demon never warranted their seeds.
When the plaintiff was about burial' the seed, be urged
that be ought to have it under ordinate price, as be
was in the trade, and Mr. Toogood agreed taint Mtn have
31b. of Skirting's swede, which is a purple top, at 8.1. the
green top seed being at the time is. per lb. Both Mr.
Toogood and the led denied that they wrote the words
on the beg produced. No substantial claim was merle
for compensation until Marsh, 1887, and the letter then
written showed an angry mind against plaintiff. A
letter me also written by Mr. Johns in January, 1868,
the =ewer to which was afterwards made the subject
of an action. If plaintiff woeld plant mope under tram
be mast run the risk of whet sort of crop he should get.
In the other pert of the field was a good crop of purple
top Skirving's swedes, and it wan ressoueldle to suppose
that it was sown all over with Skirving's swedes.
Green tope would not be as) likely to run to long root,
even ender a hedge, but the defendant said that it was
natural to expect snob spcfrting, under such
circumstances, from the purple top. ES per acre
was • large price to get for the best modest
to be fed on the land. it( enure., if there
were the mimeses lessened by taking them to market,
the price would be more; bet the way to test the vale..
was to meertain the price to be led on the I.nd. The
tip-top price for the very best grmo.top •wedim was
never more than £5 per acre. He also alluded to the
fact that seventy couples of sheep were folded on this
piece for three weeks, and be asked how could they
have fed on It for this time, unless the value was son.
siderable He then galled the folllowing witnesses.
William Toogood said be had been a seeds/nen at
Southampton for twenty years He did not see plaintiff
in his shop in May, 1856, but he head from his clerk,
Cooper, something about him. He was never preterit
at a sale of seed to Mr. Warwick, nor did he ever
recommend him to purshase ;twit top swede., nor
warrant it as good. The bag produced would hold
mareely 21b. of seed. The writing on the bag was not
his, nor that of Mr. Cooper, hie clerk; but be believed
it td be the handwriting of a men named Sherman, who
had been in his employ as warehouseman. The seed
mostly sown was filkirving'• purple top, and they
were seldom asked for green top. He produced
• Price list, which showed puerile top and green
top seeds the same price rer lb.—Crossexamined
by Mr. Here: He first heard a complaint from
Kr. Warwick at Southampton, when he came
up and told him the swede seed WU great rubbish, and
he should claim compensation. Witness uever promised
to refer the matter to Mr. BlundelL Mr. Edward
Warwick mired him why he could not settle the matter,
but he replied that he wished to have nothing to say to
him. He afterwards went to the plaos where the seeds
were sown, end saw the green tops in the ground.
Swede is a hybrid from the rape, and sometimes comes
up like rape; but did ucit on Mr. Warwick's farm. In
November, 1868, he brought an action against Mr.
Warwick in the county court, Swedes are fed at a
value of from El to 1.3 an sere, and are sometimes
gives away.--Croesegsamised There will be sometimes
25 tons of the swedes per sere, and that tes be sold
foe £3 is as eatranne prim Thor wee a very fair
rude on Kr. Werwiels's tam, but he should 'uprose
only about seven or eight LODI. There were Very fair
heads or bulbs. Did not go into the field ; but wee in
that adjoining belonging to Captain Sallee. There was
a hedge between. Tn. heads were very fair considering
that they were growing ander trees. There were not
common turnips growing next the hedge. He did not
sell green top seed at all ; hut was not present when
the purple tops were sold ; be was in his office at the
time. Did not lino* who was in the shop till Cooper
came and told him. Wm...kik did not tell him any.
thing about the sort of swedes. When be was asked
about the seed, he not admit or deny it. Ilfid not
answer Warwick's letter, because he thought it was •
contemptible one, and an extortionate sum de-
manded. He also thought the attorney's letter
contemptible. Plaintiff told him he had bought
it of hint (Mr. Toogood) personally. When he wrote
that plaintiff bad mixed it on purpose, he bore in mind
that they were often mixed for the purpose of sowing.
—Re.examined by Mr. Hero: Did not see a headland to
Mr. Warwittk's field. When his clerk mom in to him
about Mr. Warwick and the seed, he asked whether be
might let Mr. Warwick have 31b. of swede seed at
less than the current pries. He replied" Hang the
fellow! let him have it.'
John S. Cooper, dark and thoporact to Mr. Toogood
sines February, 1863, said he remembered plaintiff
aiming to their shop in May, 1866. Shearman was not
in the shop, nor did he come in while the plaintiff was
there. Mr. Warwick warned some swede reed, and be
waa about to obage bitn U. per lb.; but he asked if
be could not have it for Id. or 2d. less, end be
ultimately sold him 21b. or. 31b. from a
bag in the shop. This bag was not marked "green
top," that he would swear, for they kept that
in an upon& room. The wines on the bag was not
his, nor Mr. Toogood's ; but it looked something like
their warehoussmaa, who was still in their employ.
Wanes' had written upon the bag of seed he
sold Kr. Warwick; be thought " Skirving's" seed.—
Cross-examined by Mr. Cote happened three years
san; but he resolleireed this sale. Had seen Mr.
Warwick in the cornmarket before he game into the
shop. Could not tell how the bag got out of their
premises, and did not repelled if he had over sold green
top seed. They might have had two or three bushels of
this seed in their shop. Had sold hundreds of pounds
perhaps of Skirvines.
Kr. Jobe J. W. Whittle, farmer near Dorchester. had
experience in swedes, and bould have given E 5 per
awe for swedes for the sheep to eat them. Cl to £5 was
about the prim, and near tress and hedges they were
not so good.—Crom-exansined : He never bombs swedes
by the ton. £5 was the highest price he ever knew.
Mr. Henry Duke, farmer, of Dromisnayne, said the
value of • crop of swedes for feeding was about Ea to £5
per sore. £l7 per acre was •ridionlosis prim, unless they
were meted to tuarket.—Oroge-examined : The value of
the sheep droppings was shout 7s. per ton.
11r. Prideaux remarked that the sheep were on the
Mad fee three weeks. In his speech for the defence, be
u mod that the plaintiff had sworn that he bought 31h.
of seed, and yet he produced • bag that would only bold
21b. On this bag was writing, which was neither that of
the defendant nor Mr. Cooper, his assistant. Mr. Toogood
had candidly admitted that the writing was that of
Sherman, but plaintiff had sworn that it was either by
0006• T or AU. Toogood. As a proof of the young man
Cooper's honesty, be openly admitted that be was
uncertain whether be odd 21h. or 31b of seed, and
all them admissions he contended were conclusive of the
tom fides sad honesty of them two witness's. Whether
It was the handwriting of Sherman or not was beside
the question, but the question wan whether it was the
handwriting of Kr. Toogood or Cooper, as plaintiff had
sworn. The bag might have got out of defendant's
premises in any one of • thousand ways. As to the
expression in the letter of Mr. Toogood, relied on by
Kr. Cole, that plaintiff had bought the seed "of him"
In his shop, be pointed get that in the original lettter
the words "of DIG We IMOD present, and thee:premien
ran "bought in my shop." Ile urged that them was no
broach of warranty, and that the beet swedes were them
produced from a portion of the same weed, only *own at
a greeter dietaries from the trees and hedge, and so
under more favourable eireamatiumes. He submitted
that the greater portion of this crap was good. that
the whole of It was available, insomuch as 70
maple of sheep were fed there for three
weeks. In cionehiskat be inuegedid that if the jury
should see at to give any damages they would methane
it by the some amount (one feethiag) as the jury gave
Kr. Warwick last year.
Mr. Cole replied, remarking that so greet was the
indignation of Kr: Toogood at being charged with
gelling bad used, that be Marred Mr. Warwick with
perjury and freed. Everybody engaged in the ease was
to he attacked to save Mr. Toogood's pocket. Mr.
Toogood swore that he went to the field, that he saw
the crop, and that it was a fair crop; hnt in this he
was contradicted by neve& witnesses, and Mr. Cole
suggested that this coloured the whole of Mr. Tcorod's
evidence. There were about seven defame-IM, that
he did not tell It; 2nd, that he did me warrant It; 3rd.
that he wild purple top; 4th, there was a splendid orop
of purple top; sth, it ems a pecteetly good coop of
gram ; 611, that it sprouted; and, 7th, that the crop,
whatever it was, was of so much value that there was
DO lons at all. He stigmatised the defense as •
hydra beaded out, which would require a long
time to expose, but it waa so inecessistent Out
the mane= NOW of the jury would reject it. The
bag, be urged, was Mr. Toogod's, and although it was
at first aeggested that the writing on it was that of Mr.
Page, who bad formerly been • partner of Mr. Tooprod,
yet Mr. Toogood himself, la the box, admitted that be
believed It was writte• by Stseannaa, as:eja. his
employ. Nagai to the letter that Kr. Re'
Majesty's seedreme, took so moth cameo be sow-
Waded thee there was nothing offensive ia it,
mop. that It bashed the pocket, sad so " nand the