The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1882-12-19 00:00:00

WEYKOOTH.
TIIK CAPTAIN AND HIS LODGINGS.

At the Weym lush County-coon on Thursday. Inglis v.
Smythe W 515 • claim by tte idoe :13's harbour-muter of
Portland, C iptain Inzlis, It N.. against Mr. Charles
Smyth.', of Cohorg.piace an I St. Mary-street, for £2 7i.
for talcum paid undor protest. It had been adjourned
at plaintiffs appiication on payment of costs of the
day.
Mr. Street &hovered for defendant.
The Judge; It iw sru it you paid this
Captain Inglis: I wee coup +lied to di it by violence.
The Judge: It it you are • naval Alger.
Toe Captain : My logzago we. seiz3d.
The Judi;.: Just tell me h 3 w it wai.
The II iptain : I wee in London, and my daughter
engaged lodgings for me at Weytll3slth. at .C 2 7.5. for a
week; at the anti of the week I attempted to reallye my
luggate, Intel. Hag to lure; I brought coon there to remove
it. The rot was nit pia in advaac 5. Toey wens bring-
ing (town tho first ortitle, a I trite box. woe's Mr. Smythe
*At on thi stairs Unwed' Ay. and grotail not allow thins
t 3 remove it. If., was extremely violent, threatened my
wife and my servant, and said he would pitch him down.
stain.

SOW.,
Yr. Street: M the time you obtained thole I-mining' it
wee doubtful whether you could obtain • furnished bowie
—A I atilt ic was.

I,lr. Set: You instruct id your daughter to take the
babliags for an indefinite : No, for a definite
time, one week certtin.
((ow many or you were there I—A : Siren or eight.
I boas's.
A. the time of you giving up the lodgings did not
MCA. Smythe ,tote 10 you that in consequence of your
taking the lodgings she was obliged to give up other
people : No.
The J edge : Call theldaught
Miss Annie Inglis said she remembered taking these
lodgings of Mrs. Smythe. She raw, them .xt Wednesday
awl soul they would come in next do% She wr mead the
price, LI To., and ox Taursilly she took them posiUrely
for one week.
Cross-exunined : When you took those lodgings was
snyone present beside Mrs. Smythe I—Witness: Oa Thurs-
do I took them pmitively for one week. When I saw
the lodgings no one was present loot the defendant's wife.
Lid not you, at the time. Miss highs. 51 you might he
there loager r—l do not roxillect poiitively what I might
have sell.

Mr. Street: Ilut you recollect about the week certain
I want you to recollect what you said about the time.
The Judge: A porton may asy—" I will take thsee
lolginsa for a week, or it may be longer ;" but that would
not make anyono fur • longer tenancy.
Mr. Street : Your Honour. our story is that Mice Inglis
came on behalf of her [ether. atated It wee un,ertain wain
thi y could get • houee, and engages the lodgings for a
fertuight At the expirattoo of • week, Captain Inglis
came with mem, removed he go ids will • groat am of
riolinou, and paid for the (Atuight4 hire.
Abraham Tett : I WM present when the lodgings were
taken.
. . .

Mr. Street: Allow me to cal your Honour'. sit intion to
Mild !Mglig statement that no one was present when the
lodgings were taken.
Jadge N'; that was on Wsdneabsy night. The
enquiry was ma in on Wednesday night, and the next day
the lodungs were tsken.
Abraham Tett said ho was present on Thursiay, and
the young lady e shed him as • witness. and agreed to take
the lofting. for that day week.
Mr. Street: This is so diametrically opposite to my
usst-uct one, th it I can only leers it to hard swearing.
The iris,: Hard swearing ! Oh. no I This man has
no Intarest in the cue..
... _

Clarks Davide, aud Miss Inglis cslled Tett's attention
when be was unlashing a box ; he beard her say she took
the bxigings for one week.
Strert: I must in my duty call other witnesses,
The Judge : Here are two wiluestes hiving no interest
in :he verdict.. A naval ottl,•trl man of reputation—
calls them. end it will b 3 for you ti say after that.,
whither you will p!ace your clients In a perilous
nitration. •
. . . .

Yr. Street asked to be allowed to consult his clients,
ani having done so, said he bad no choice, they compelled
bin to gi on.
Muss and Mrs. Smythe camel forward, when the Judge
said: Di you know the comenmences, madam? You are
',Aug to call your daughter. I presume, t corroborate you,
aid the cons.quenee is that if I find • verdict on the
evidence of thew two witumees, who here rorroboratxl
tale young lady, and they choose to prcecute you for
perjury. they can du so.
Mrs. Smyth* still appeared to wish the evidence to be
takcr..

The Julke: Liberrtai aniotsue To Kr. Street): Tbe
position of an mit, testa is that he has the whole conduct
of ths call,. If ho sees that • vioolirt is iniivitable. and
that certain co,equeneet met follow, ho tut), take the
Witn.o I was in practice. I took the reopen-

sability upon mrself.
Mr. Street : Tli4t is what I am about to do, your Honour,
and I withdraw from the ca
Verdict for plaintifi.
captain Inglis : I beg your pardon,slr, will my witnesses
be allowed coats in this Cu...
The ledge: Yee, four of you will be allowed mots.

WUAT ARE 6ROUNDS FOR A NEW TRIAL
Medway v. Plunket —This eve w decided at last
Court in isvaur of the plaintiff hut Mr. Sidney Wad-
dington applied for n new trial. D 'fondant stated that
hat e)urt day he was not in the court when the caimi wee
called on.
The Judge: On what ground am I to altar the course of
justice

Mr. Waddington: Oct the ground. your Honour, of
defendant's being axidentslly abs-nt.
D .feudant : I was not well, ant left the court for slew
minut.m.
The Julie: Then it t irns upon an net of (114. He woo
ant well. lam efrs'il that p .rns when ttety Cllal into
• c tort ofj etoce nit no not fe .1 w,ll—iot will at ea..—
are physic:4lly unwell. I, thy lin4 h-en sic appilmtion to
th,ll.t C .3r., it w .ul it. ,vet, n rej,cted at once; he
n t ciii, ,‘•,ings ad• fence.
Mr, Street : The very re,eark I wag nbolt to mako.
Mr. w.i,t,ngt„n it tv•ii not 00.0d41a1l to give
plaintig notim ; it was r .nly .eutemy,
. .

Too Judge said the ordinary core to to move the Court
by affidavit ; but in the I l.eiiey Curt they generally
allowe 1 the p to lo ex ,min• tt. Tho affidavit should
rout on the allegitioo, me Mr. WAddiow °a walk! kw,.
Iff •and-hve. that deb n.lant had • around of defence. If
allevvvd nolOnvole to be szt our le .11 a alight clue,.
it would In doing the gorou.ot inju ke

Mr. Wsllisgton th.ailf.Ve hl.l ben wronz.
be wkg nwle.l by Mr. ha trorri., ant ho quoted his

The Judge: Mr. jog very able gentleman as
a teat writer. but I go to the Vu.. thq fountain head. I go
to the Master of the Rolla lii. judgment is that if there
has been &mapped juigment by the •i. ntj Ir. or by ths
net oft. Al. the ()our' will mot ye the cam, on being adds.
fled that it has ben al, and that there is • Pound of
defence. . . . .

Mr. retnrne.l. pulp, in any inch cue,
or in any suns, iliteni c t, msy net aside each judgment
on snflint

The Judte: rivet, are two elements, he' rosy" in the
first instenex, and s,rondly "on auffleosnt cause shonn."
To the defendant : Row was it you wets not beret Now
tell rue . . . . . . .

Defondent : I went below. sir, for e couple of minutes.
Anil while I was awsv the ease we. e. 11.1.1 eiL
. . .

Alter further ex tininin; Aubm,lant ni to cho cluau ut
hi, clnc belmor, hi. llutionr a.ke.l what was the %anoint !
Mr. Street : A meet ridiculuug thing, Cl lb. 31., I
think.
Mr. Wwilimt : Bat he eats he has a counter-claim
for a much larger am mut.
The Jude lie ha, noir. Ia a ery able young geni !emelt
an a c the )ulament. It the mountain in labour
Ilalt briugu forth the mouse. What is your defence to it,
was I . .

Tho clams was said to he for work.
Mr. Sireet : My groat objection Is that we heard nothing
al out the, •botT till doleful out di I 'Mt appear.
The : Now I see my way. We will let this judg-
ment stand, and you tiring your action on the set-off.
Your advocate hati done everything for you he tiosoitily
could; he hex token an inn:sense deal of pains with the
ea—Application refused.