The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1863-03-31 00:00:00

WEDNESDAY.

BADMAN V. FliJlCOCZ.—Ttsie sass special jury GUM
Mr. &nitwit Kinglake and Mr. Prideaux were menail
for the plaintiff; and Mr. Montague Smith. QC., sad
Mr. Spoke were foe the defendant. The plaintiff sought
to roam damages for health and malicious prosecution,
sad also to recover, in hover, ayes Afore. The defeat-
dist pleaded not guilty by statute, sad denied that the
sheep wen the plaintiff's. Tim plaintiff, Sylvester
Badhaa, in this mum, is • former, residing at
Sanford, ft tke perish of Winseornbe, and in April,
1862, he termed ea to where be hated a
ran of MT. Bitajaimul Young, teeth hog sheep, *lrish,
had been lambed on his primates in the sprig/ of 1861,
sod whisk be had rowed himself. These hoop were
I eel marked, further thee some ridding on the poll, but
plaintiff stated that he ken, them well. Amsag them
was one which had lost its left eye, another wasj.2n.
smoked o•e, which lad the others when they
aad a third had soother peculiarity. The cle.-AZ=
Is • farmer tiring clam by, aiod he had • sheep ran on
Compton Hill. hill edjoining (h&c. h Ons the 18th
of ktay plaintiff missed the sheep from the hill, and
made inquiries all rotted the neighboarhood with the
view of montaining what had become of them. He
held Imre nothing of the. for • week, but at the ex -
*etas of that time be remind lefermation which
Wand him to to to Comperam-hfili *hoe he discovered
elm of his sheep. The faddism with white they had
lose marked had hese hooped over, aid the Woo
"W," with the Amer de fie had been pat on their backs.
He drove away them sheep, and as kis way to his
premises he met several fanners sad shepherds, of
whom be weed whose mark it wee on the sheep, but
, nom of the. mould tell him. While plaintiff stayed to
talk, the sheep strayed on, and going clowa the lane
towards the fann-boose, stopped at the gate of a field
whore they semi to pasture, and tried to push it open.
Plaintiff opened the harem doors, and the sheep at cam
ha in the pies where they hod hues fed. Amongst these
sheep was the thin, lees-mocked owe The seat day
Adatiff went mesh to Caßow-bilt sad footed the oar
kyed sheep and shotlear of the iniaeleg case. These
were also marked Pith the inter "W' aad atjteter do
fin, and be drove thorn home. Thom= the
plaintiff marked with hie initial " 5," sad
on to Callow-hill. On the 7th of Jose he fa=
twelfth miming sheep on Comptes-hid, mid he drove
that to Calow-hill without marking it. Sher* helms
this the plaintiff met the defendant as he fres vies to
Ambridge market. Plaintiff asked delenciaat be had
sees anything of • lost sheep, and be 'lathed, "No, I
have not ; I have lost seven myself. This yea marked
with a "Y,' mid I bought them of Mr. Oistataa."
Two den after he had found the twelfth sheep, delete-
dent, with • poliessean, celled at plaintiff's heals and
aosuaid him of having seven of hie &nip 'narked with •
"W" and a „Auer de its. Plaintiff said they were
and refused to give them sp. Defendant tarmod
to plaintiff and Liked his If his sheep had hem
sheered. Plaintiff replied, " Ted, they lash,"
and defendant then said, " That settles the
matter, imams miss have Doe" Defendant tees'
went away, and at twelve o'clock at eight &petioles-
diet Gilbenks and a police ooesiable called at the haw
of the plaintiff, who was in hod, and took him into
sustody oil a «map of airlift levee sharp. He was
tot. to Asher* police statics and looked up foe the
night. The next morning he was takes Mich a magis-
trate sad temsailed until the next day, who. he was
acelmitted for trial, wad admitted lie hail, he having
hese lies In sestsely &nag the whole of that this.
At the Mame, quarter seedoes, held at Teuton Is
bid, plaintiff look his trial on the shame for which
be Wee eamemmtled, sad, shot • largo another of
wheelies WA hese ehasined on either side, and the
jury had looked at the abeep,they armstilied the plaintiff
°Rho chaip. After the trial Mr. Greats, the plaintiff's
'heresy, &Graded the restitution of the wives sheep In
=lh, hal defeedast refused to give them up, lied
k:apt them ever shoe. Hamm the presset «Wee.
About Ibsen witnesses bevies been celled as the part
of the plaistiff. 'hely to prove the indeatificatioe of
the twelve sheep._ .Mr. Moebigne Smith adinined
the pay foe the dolmens, and sailed the
who said Le was • fusee, living at WiesetieNeadaZ
had • right of comae@ as Comptowhill In April
last, be termed out Afty-see elms, ea the 001081108,
having previously marked them with the beim "
end se the poll with eons Teddies. Some of them
sheep he had heed ideasolf, eche he had besot of Mr.
Dymeed, bed some of Mr. ciestansa. on as *id of
Jane be seat his me to fetch the sheep In, and there
were thee awns of them saissins. About a week after-
wards he head five of his sheep on Collowblll, sad
knew them directly by the mark sad breed. They were
all sheep he had heed himself. Other sheep were us
the hill, but theme five kept Ins plaes by
The letter "B" had been put cm thaw sheep, amid the
redding as the poll had loses Masked over. Before
India' the sheep, he met plaintiff, who asked hint
hahalaesanileeingsl.aep. He replied, " No, I leave
not; I have lost menu myself, sad should be &d if
you lei me kern it you should see them" Ptiff
&ammo& "I will ; I know your mark." On the
following day, defendant met plaintiff, end told him he
had men An at his missing sheep., Callow-6A sad
they were 'narked with the letter "B," and melted
Wm if he had dose It. Plaintiff denied that they were
the elowas defendant, who then said, "I am going
to wariest, and if you will seed the
to my pleas by Monday morning, I
= say scabies about it." The sheep did sot arrive
cm Monday menses, and as that day defeadast, ma eesn-
posy with a pdisewoo, went to plaintiff's farm, sad saw
hies ia • field Mein«. if said, " Oh, I suppose you are
mine about the sheep" He was asked la go on the
hill, sad me the sheep, but he refused, sad said, " You
may go sad do whet you like for what I sere." Two
other sheep, making up the orianher lost, were after-
wards found on Caßow-hill. Oat of the sheep whisk
be had heed lost one eye, and serried Hs heed ea as.
side. That wee este of the sena het, and was tuloolui
those found on Callow-hill. Dehedaal wont to lest.
Giffinaks shoat the sheep, but did not give either him
or the poliorman i to take plaintiff into «me-
lody.