The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1884-05-27 00:00:00

• JOST CYR

This owe hod been adj,urned from the last c nut,
when hie Honour decided to decline to deal with It
unties with the eid of 6,. (scalene...l, on acoorn.t of
tb• cross-swear, g. It otscupled a very considerable
amount of time, and it was that of R v. DMZ
Bailout-

—Mr. Budge WM fer the plain•iff 'end Mr. Cute.
(Trevaalon and Curtis) for be &tendon.
The following were swore a lb. %err
T. H. Balaton (foremen), Charles 113a11e7, George
Horn, Thomas Musr.lerbite, and H. C. Reeves.
The plaintiff, Thome. Rowe, madder of taw smack
Francis, claimed to recover if 'les defendant, a brick-
maker Ilviog at Lytehett, the sum of £2 16., balance
of acoount le wei,dht of goods brought from Braiikese
Island t Pools for the &hadn't. It •ppdaared that
on the 4th of March there was a sale at the Is sod
of pipes, earthdn MI, and lb. defeweaut Bellew
wee a oonsiderable purchaser. He engaged the plain.
tiff to bring them in his smock to Pools, and) the
agreement between them was that they should be
delivered on Poole Quay at the rate of 2.. per too.
When the first In woe brought over the plaintiff saw
the defendant, who velte I him what wisi,(ht he hod on
board. He replied 50 too., end that amount defen-
ds.% did not dispute, but paid him £4 on !in.:donut.
• wooed freight warn brought over and the leinliff
ofirmed that the weight of these two wee 92 tons.
They were delivered on the Quey. and .ere otter-
warts taken awe by the de.endant to the Bourne
Valley Pottery. S tidos alter the debit lent met
the plaintiff and told him thee trio was short 28 tons,
and for this amount refused I. pay, c in. fluently this
claim was brought. the defeedant having paid the
other amount into Court.

- Mr. Bisig-r-,Tirope-n-Ini. the mae, contended that se
• matter of law the agreement with the defendant
being to deliver these good. on the Poole Qmy, the
moment they were ao delivered arid handed over to the
defendant all responsibility nu the part of the pleb.-
tiff osamd.—His Hilmar quite agreed with this; Mr.
Budge, be eal 1. need not quota cams in .upport.—
Hr. Budge contioned. that although a weighbridge
wa. situate close to where them gm is were depoeitsd,
no
attempt was mai* by the defendant to weigh them,
bat they were carried away by him to different
The plaintiff spoke to the above facia, and mid his
estimate of weight was founded upon the dApth which
his vessel ime in the water. He maid tell to within
• toe. He also mid that on the first ocomion, when
he told the delendatt be had 50 tons, he patted him on
the took and .aid—" Well done, my boy, here's £4 on
account."—Hie Holton,: Weloomir approval.—Mr.
Bud,.: The FA for choice. (Laughter.)—Witass.
further sdded tour daye elapsed between the discharge
of the fret and emosid ommee. and it wee not until
three days after the dismanse of the monad that the
&Nadia& dapatod the weight.
Elijah Gray proved the dadirery of the pipes to the

Mr. Curtle, for the defence, add it was s simple
question of weight, and that he 000ld completely
answer by the evident* of the parties to whom the
defendant afterwards delivered the pipes, or be might
have raised the question IA to whether the vessel was
In soft oe salt water' It being a well-kunwn fact a
vessel would sink much deeper lush. former than the

—D7dendant, in hie evidence, said that when the first
cargo was delivered he asked plaintiff how much he
had there, and be replied 60 toes, but upon his telling
him he wee going to have them weighed defendant at
ones shared the quantity to 50 tone. The total
quantity he (defendant) would swear brought over was
only 63 ton 17i owls.
Witness • were then called to prove the different
amounts which defendant had delivered to himself and
hie ovetomers, and theme, ea etatcd by them. made up
the above total. Defendant declared only 6 tons 14
cwt.. was taken to hie place, and he called Mrs.
Burden, of the longfi.et welghbrldge, to prove one
bad weighed them, and Harold Riding, weighing clerk
at the Bourne V.Hey, to prove he received 57 tone 4
cwt..
. .

H. Henan thought after the defeapiant'e evidence
Mr. Bodge had a right to recall the plaintiff to rebut
ani he wade tut int the box. He deralared he hod
never attempted to charge the defendant for 60 to.,
looked of the 50 tone be first brought —Cromemenined
H. WIWI not aware he had charged Menem °awe arid
Bon for double more than he bad brought over. He
war t Id by Mr. WWI, worth what to charge, and the
Mame Cara. paid him.
His Honour told the jury it wae • very nun&
qu.stion—which did the Jury believe ; or did they
believe there was any false dealing on the part of the
public, either beton Me goods left &salmis or when
they arrived at Poole. It affected the bonen, of the
people of the me pleos as weU as Om other. The
question as to the plaintiff attniseptiog to aware 60
toes and this dropping to 50 wee a very painful one,
and gars rim to the suggestiori whether be :night u
ham made • mistake In the bulk. At the *am* time
that, worn the alternative one that some might bare
beim abstracted from the Quay. That was the whok
gaieties, on. of foot between the two partim arid one
also of oberscter.

—Tha-j—ury—Tetirr:d for some c,neld.roble time, and on
retorting into Cu t pot the tque•tion could it las
puivisel that the whole of the goods b)oght at Brankaea
by the defendant were put on board the plaintiff*,
vessel—Mr. Bulge said if Mr. rlray wage re-onto I
he would rove lb .1 all the tonnade fr which they
had charged was tionvoyed.—Delemlant denied this,
sod said In addition 20 tons of the material he bonskt
came by another vesseL—His H. floor bopei this
would be the la.t time he himself would ever depart
from the strict linse of 'video°. ;• complication had
arisen, but be thought a wet manial point for
them to conaider wag the altriel aestiottion of the
44endant that when nek-ii the weight of the 6-et
c.rgo the plaint 6 at first said it was 60 taste, and
when ho was told it woold I,,weighed said it was 60
tons. This the plaint If dec'ared to be untrw. H.
could not help them in the matter, it would be foe
therm as men ;4 comurns sease—ohiola he had often
found with judo. to I e one tomon sense—to say to
which statement they clinched credence.
The jnry then again retired, and we, absent for
about three quarters of an hour. and on their return
announced they could not agree, one was there any
likelihood of their d log so.
His Humour salted the defendant if he would take the
verdict .4 the mal
Hr. Baikal ; ; I would rather have another
jury.
Hie Honour: Very w.ll, but it will be expensive.
(To the jury) You are discharged, gentlemen; and
when the nest jury comet here it will be somewhat
warmer weather.