The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1864-01-19 00:00:00

Somersetsbirt.

EOVIL COUNTY COURT, Turiunny.

Before C. Semmes; !eq.

There were about 70 plaints entered for haring,
of which the following were the most important :
feat-rya( PRIJURY, OR BOTH I—Math Garrett,
d
! raiding at Odcombe, sued Edward Apsey,
Adler, ealer, of West Coker, for the sum of £6 15e., ai
15e. for unlawfully detaining six pigs
which be bad purchased. and £2 damages for false
iteprieonnent.—Mr. Fear, of Sherborne, appeared
fa plaintiff, and Mr. Sidney Watts, of Yeovil, for
the defendiint. The case was tried by a jury. mr,
i.e.,. in opening the case, said it was one of a
' her character. Some time ego his client
Ircurucheeeu___i. eta pigs of defendant, for which he pai-A
.5,
hrowing down the five sovereign* on the table. t
plaintiff went out to change one of the sovereigns
• giVe defendant As, nut of it, and when he re.
turned the money was gone. Plaintiff drove away
the pigs, and was on his journey home when defen-
dant tame after him, and took away the pigs, and
Irked them in a barton, saying that plaintiff had
kept the money. Plaintiff said he was at West
colter on the day the pigs were purchased, and paid
arms for them. He went into the back kitchen,
ied paid five sovereigns for them. Apse, was
eteeding beside the settle,and came round to him,and
he (plaintiff) threw the money on the table.
Defendant took it up and said, " What have I to
give you,Mr. Garrett," and he replied, "A crown."
lkfendant then took an envelope from hi. pocket,
„„a ar.ay ole it .against the door. He mid, "That's
mht, j• it v.Ol Mr. Amboy r and defendant replied,
Ii right. I have got to Rive tie.," and asked him
to go in and sit down. Being oold he went to sit
and defendant passed him, and went out of
the back door. He sat down in • chair, and there
was so old man 'tithing in front of the Ore. Hisback
was turned towards him. They talked together
until Apeey returned, which was in about five
e,,,,tates. Where he was sitting he could see all
round the room, and also the back door. The old
wan who was present was sitting in front of the
fire in a chair, • settle was placed around the fire,
and the table on which the money was placed was
outside the settle, and could not he men by a person
sitting therein. When defendant came back he
had a jug of cider in one hand, and the se. in the
other. He name round the settle, and passed him,
Oil put the cider on another table, which was near
the fire, and gave him the se. in his band, which he
placed in his waistcoat pocket, He remained there
about 20 minutes afterwards, drinking the cider.
The old man was there all the time, and Apsey's
brother also came in. Defendant sat in the corner
of the settle, and his brother in a chair near the
door on plaintiff's right hand. There were several
things on the table near the fire. A psey's brother
went out of the house two or three times, and came
in again. Was not sure whether defendant went
out again. While drinking the cider he asked
defendant whether the pigs would go home quietly
if he were to drive them. Defendant and himself
then went out of the home to get the pigs, leaving
the old man still by the fire. A peey's brother had
gone before that. Defendant and he drove the pigs
out of the yard, and defendant's brother came up
and took away his whip, and drove the pigs on
while be led his pony. They went on for about •
quarter of • mile, and defendant's brother gave him
back the whip and returned home, and he plaintiff
drove on the pigs. He had not proceeded many
yards, however, when he baud some one calling
after him. On looking round he saw the defendant,
followed in the rear by his brother. He waited
until they came up, and defendant asked whist
change he had given him, and he replied As. ,and took
out of his pocket a half-crown, a shilling, and three
sixpences. Defendant then asked plaintiff if he
knew what he had done with the £5? He replied,
"I don't know, I expect you put it in your pocket."
Defendant replied, "1 have not, I can't find it
anywhere." He then told defendant that he ought
to have token care of itoind that he had nothing to do
with it. Defendant said, "It's a bed job to lone it,"
and asked him to go bock and see if he could find it,
or make it out anyhow. They all then went back
to defendant's home, and the pigs were put into the
yard. They went into the house, and Amoy said
be had not had the money. The old man was still
there. Defendant then searched the table on which
the money was pat to see if he could find the
money. He did not find it, and said, " I thint
put it on the front table." They then wee:, md
searched that table, but could not find it
• A long
conversation ensued respecting it, 'ie.:, the ad man
said, "Some one who was k'rer:ot mast have had the
money, and he thought he won it on the time..
He (plaintiff) then said ". You i.em to he very plain
and by his mover-,ente aPsar.l intimate to intima that he
had takenis money. appeared to
that he had not
seen,. it ....Me defendant took it off the other table.
')'-.endant asked him if he had taken it up by mile
takeouid he replied that he had not seen it ; he had
about .Cll in his pocket when he left that morning,
l H
int he was not certain to • shilling or two. e
then put the contents of his purse on the bible, and
tdd defendant to count it, which he refused to do.
He then counted it himself, and found he had
Li 4. 63., five sovereigns, and the rest in silver.
lie hart changed • Lit) note on the previous evening.
Defendant said he should not let go the pimi, and
had kept them ever since. Plaintiff was subjected
to • strict ommexamination by Mr. Watts, and
stated that he came back willingly when defendant
MIRO after him, and WIN not reluctant to turn out
his pockets. He had changed • flO note the
previous evening at Castle Cary Bank. The old
man who was sitting by the fire must have been too
tory to see the money. By Mr. Fear Nothing
WAS said about the lose of the mosey until after
he bed left. Mr. Watts said, as Mr. Fear had said
he had made out a very good pr:aga facie case, and
If left at that juncture the jury will undoubtedly
tind for the plaintiff He, however, would call
witnesses to prove that plaintiff did not pat the
money on the table at aff He gave it to defen-
dant, who put it on the table, and went to get
change. He returned, and plaintiff went to meet
him, and took the As, and left the home a
few minutes afterwards. Defendant was •
respectable man, • saddler by trade, and not
a ptjobber, as had been described. The
imin who was present saw the money on the
table. Plaintiff left, and defendant then thought of
the money, and on marching the table found it was
gone. lie went after plaintiff, who was very rein°.
tent to come back, or to show his parse. When,
however, he counted his money five sovereigns were
in his purse with some odd salver, and he had said
in the pointing that ho had not enough change to ,
pay the St 1A,., which he had. He mast either
bar e tak en op the money aocidenthlly,or intentionally. '
ldwani Apaey, the defendant, said when plaintiff
called he was not at born* but arrived shortly
afterwards. They made • bargain for the pigs, and
went into the house, when plaintiff gave him five
sovereigns. He placed them in his (defendant's)
band. He then asked plaintiff to go inside and
have some cider. He went in and sat down. He
told his mother to draw some cider, and placed
the five sovereigns on the inside table,and sat down
aitl defendant. His mother could not draw the
cider, mil he left the room and went into the cellar,
leaving the money on the table. He returned with
the cider, and they all drank together. When he
returned the money was still on the table. They
sat there conversing together for some time, and
plaintiff wished him to keep the pegs well, as he
did not know whether he should fetch them that
evening, or on the following morning. as he wanted
to take them to Sherborne market. He then said
to plaintiff, " I have not given you your change,"
mi took oat his purse end gave him three shillings,
and went out and obtained the other two shillings
of Lis mother, and paid it to plaintiff His brother
wee not present at the time. When he returned
with the change, having been gone two or three
minutes, he met the plaintiff coming to meet
him, and mid, "Oh, Meister, I think they
liii 'II toddle on, wont 'em!" He replied
et, and gave plaintiff the change, who
asked him to help drive out the pigs. He
;I'd so, and in going out be met his
brother, sod salted him to help drive them on. They
were turned in the road, and about to be driven off,
when be said, "stop A minute, Garrett, let me go in
for the money." He went in and could not find it.
ll fatherin•law was sitting by the fire. He then
went out to see plaintiff, and found him about 100
yards down the road driving on the pigs. His
brother was with him. He nu after plaintiff, and
asked him how about the money, which he had left
us the table, and he repbed that he had not had it.
lie Mdernlant) then mid, " I mast have the money
rg the Pigs," and told him to see if he had not got
ei°"°°Y. He replied that he had not, and he then
told plaintiff that his father-in-law had said that he
lad liken ii up. Plaintiff did not answer to that,
and he defendant said, "I shall either have the Pit•
t'
have or the money which
you taken." He said
had not
got any gold about him —only silver.
Defendant then said he was determined to have the
It,lll or the money, and told his brother to go after
he Plaintiff then produced the silver which
diii his Purse, but did not show any gold. He
tfO it out of his purse. They drove book the pigs,
hid plaintiff followed them. When plaintiff "Ine
hack he put his hand in his pocket, and pulled out a
ch'2°, aud put in bia purse. They then went into the
together. Defendant "Now, Garrett,
sue if you did not take up tbe money by mistake."
"Plied that he had not. His father-in-law then
aid, ••
LA. 0, have got the money, for I sow you
do p't uP• ' and got u and showed him how be
ph'ialtt.., swept it -off the table with his hand.
or said 'Lan you swear to it," and his father-
lo ls taid ."
Yes." Two persons then came into
house, and one of them, named Baker, said,
fiti e best thing we can do is to search you." Hie
ithei
to "'jaw said "You are quite welcome
be .nie." Garrett said be would not
—."""*" he
saw no need of it.
He the 1,
t • Nu- "Itist pull it out now if you have it
Plaintiff replied that he would not. He
gotta him to " pull out" and see whet be had, and
pleie..
The then out his puree on the table.
, " were five sovereigns amongst the silver. He
• said, "Garrett, there's my money, how could
You se.
You had not 4ot it." Me then took it up
'▪ ""u• and placed it in his puree, and told him