The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1876-08-22 00:00:00

A ROW DISPUTE.

The case of Hot'lick Oxman!, and Criichell v. Thorne‘
which was a dispute under the blasters and Servants
Act, came on fur hearing, having been adjourned from
the last court day.—Mr. M. (7. Weston now appeared for
the complainants, and Mr. R. N. Howard for defendant
—The evidence of norlick, reported in our laid, was read
over, and lie now supplemented it by adding that since
the last meeting John Ironsides hail measured the work.
It came to more now than at first charged. Hail Mr.
Thorne settled at tho time the work was completed they
would have been mtislied with the amount then promised,
but 1110 w, having measumd it, they found it more, and
claimed
.the extra amount. If the work h&d been

measured directly it wraild have measured "better" than
after it bad "settled down," so that Thorne would be ths
gainer by the delay. They wtre to have 3.1. is7r yard for
removinfi the chalk, and earth, and 1.1. for taking the I
soil from the pond on account of having to wheel it away
in barrows. As to the day work, two were tinployed
removing soil foul the Wsymoulli.roul at 3t. 61. per
day—the last day of May and first day of June. There
was a drain put in by l'ritchell aeroSal the road, which
took him one day. On another day three of them were
emplm Cal a till:U(1:1' of ad ty each 111 removing earth (run
the Weyniouth.raol, making three-quarters of day.
Critchell was also employed a day in removing clots. On
June 17th two men were employed removing earth from
the Weynniuth•road, awl on the Ifith three men were
enga4ed. On July ith, sth and 11th Critetell
was spreading chalk on the new road. Three of them
were also employed a day and • quarter each in carrying
some hay for Mr. Thorne. One man was half a day
removing chalk (lulu the cemetery. One of them was
aloe employed a quarter of a day measuring with Jeaty
and Norman. Thu whole of this amounted to 13e days;
but witness was sure they had worked 21 day•—Cross-
examined by Mr. Howard : Ile had been working for
working for Thorne since before Christmas; the agree-
ment was made with hint and Coombs, and Thorne was
to Pay them the price he had named, 3d. a yard. It wu
not arrangod that if the work was delayed through
inability to get gravel before the barley was carried
Thorne would provide theux with other work. The
soil they took off the pond was that which they
were to have received 1.1. per yard for. Thia
was soil on the top of the chalk, which they had to
remove in order to get at the chalk. Thu soil was put in
a heap near the road. They were to have 3s. dd. per day
UR account until it was finished, and then the work was
to be measured and the balance paid them. This WU
a general rule in such work. The soil they took front the
Weymouth-road was placed on the new road. If • man
measured the road now he
.would measure the
. .

soil charged for 11.4 day work. They did not
remove any soil except that which was placed on the new
road. They kept no regular account of the work, but
trusted to their memory; but Thorne admitted at the
Junction lintel that it was Ili days ; that was before
they put the chalk on the road. —He-examined: They
made no agreement with Thorne that they should gravel
the road. They were to be paid as soon as the work was
done. Thorne ayes to have spread the chalk. On July
4,5, and 6 one of the men was employed doing Thorne a
work. Except the first four days for which they had
not charged measure, no soil was put upon the road.
The chalk they took from the cemetery was put upon the
" Bush" road—nut on the new one. When the arrange-
ment about the 4d. per yard for the pond was made,
witneu and Coomhs were present.--Cross.examined : The
measure for the work was to be taken on the road.- -Lot
Coombs was then called, and his former evidence read
over.—Crum-examined : Witneas had • shovel from
Thorne of the value of is. tid. The dirt was to be taken
from the Weymouth road to be placed on the uew.—John
humbles, living at Weymouth. hut now working at
Ihircliester, was frequently engaged measuring laud, and
had measured the road leadinx from the Weymouth road
to Mr. John Topp's farm buildings. There were 815 yards
of soil, and 714 yards of chalk, which, at 31. per yard,
came to .ClB 19s. 9.1. There had lawn 601110 very heavy
traffic over the road since it was made. It would have
made 30 or 40 yards difference in the measurement had
it been done as soon as the work was completed. Two
men in two days could not have filled carts enough to
make up the difference between what the road now
measured and what it would have done if it had been
measured at the time the work was finished. le2 yards
were taken from the cellar, and 42 from the pit—Croxe,
e moaned : The road was 160 "gourd" long ; a "gourd" we,
14 feet. WV gourd was 40 chains. Pressed as to bow he
arrived at his figures, witness "fenced" the quo-Mims, and
said he bad not got the paper on which he made the
entries, but he remembered It was 40 chains, although on
being closely cross-examined he said it might have been
20 chains. For the chalk he took 6 inches depth. Ile
could not tell the depth of the soil.—Mr. Howard then
stated his case for the defence. Thorne only wanted to
do what was fair to the men, Ile agreed with the men
to put a certain quantity of chalk and soil on the road in
a given tines. The measurement was to be matte on the
road, it being inipmible to do so in any other manner.
The learned gentleman detailed the particulars of the
I case as set forth by the defendant, and called Mr. Robert
Christie Bennett, a surveyor, who had been accustomed
to measuring large works. He had been to the road, and
had measured it. It was 20 chains from the Weymouth
road to the end near the beiblinga lie took the average
depth of the chalk at each chain, and he arrived at the
I average of ilin. Ile did not find Gin, on any portion of the
rusd, lie had averaged it at ten,, and had found 587
yards, but if he had reckoned it at 4lin. it would have
been 70 or 80 yards less. That at 3.1. would amount to
£7 Os. 9.1. The soil ho found was 611 yards, which at 3d.
would he .C 7 12.5. 9.1., amounting in all to .CI4 Ifis. 6d.
That measurement included the whole of the work done.
He summered the work which had been done as day work,
and f 1 it to he 108 yards, which woo included in his
measurement. If the day work was to be allowed the
measurement would have to be !minced by the 108 yards.
, He had measured the cellar and found that Si yards hid
been removed from it. He also measure,' the 10,1e1
found that 307 yards of chalk had been Liken out. -Croo4-
examined : The width of the road was 24 feet at the
chalk, and 25 feet at the base of the earth. Ile con-
sidered llin. for the chalk and Itin. for the earth amply
sufficient to allow for the settling. He gave that as his
practical experience. —lte-examinal : In arriving at his
figures he had given everything in favour of the loon by
instruction of Mr. Thorne.—Mr. .lesty, surveyor. of
Radipole, was with Mr. Bennett when the land was
measured, and it was very fairly done. One evening he
went there between four and five, and took one of the
men to drive in • few pegs, and ILS he kept him about
half an hour he gave 1 • 6d. for his work—Croon.
examined : lie was employed by the Duchy to do the
work, lie was the contractor for the work; did the
work for an even sum of money. lie was to pay Thorne
for the work by the yard, and was only anxious to do
what was right. —He-examined : Ile gave Mr. Bennett no
instructions whatever in the matter. --Cornelius Thorne
was then called 11.1111 his statement of the last hearing
read over. He also added he had heard Mr. Bennett's
statement as to the measurement, and was quite willing
to settle by it.. Included in the day's work was that for
making the first chain in the new road. Critchell helped
witness to put in the pipes, which took about two hours,
and not • day as stated. On the 17th of June they
did nothing, as it rained all day. Ile had no entry of
horses having been engaged on the 16th of July, so that
the men could not have been employed on that day. The
soil taken from the pond he did not agree to pay them 4,1.
per yard for, and the soil there would not make 20 yards.
This was the case—The magistrates retired, and on their
return, having been absent 31/ minutes, the I luiriumm
said they had carefully cousidcred the came, and their
declaim) was, they allowed claims amounting to £l9 t.
From this would have to deductml LIII 1:k. reeeieed.
10s. 14.1. for the spade and plants, leaving el 19.. 4d. due.
No order was made as to the colds, and the hearing fees
would be equally divided between them.
AS1141: LT.

sowa, a respectable-looking young man was
charged with aasaolting Mr. John Read, at the Kings'
Arms, Maiden Newton, on the 17th of Augwd.—Mr. John
Read said defendant warn lodging th. Kin" Aries,
Maiden Newton, which his daughter kept, and on
the 17th about half-past gm was in the bar. His
daughter had called him on account of prisoner
haying been asked for the money for hi, lodging and
refused to pay. Defendant abused him very murk and
kicked him in the leg. This was after he had asked him
for the money. Ile used very had language and was very
violent, swearing he would set the Place on fira—Cross-
examined by defendant: Ile asked when he came into
the hetto wh.t his lodging came to and witness told him.
spetiina Reed, daughter of the last witness, said defen-

dint was asked for his lodging money on Thursday
evening and was very abusive, on which she called her
father, who came into the bar. •Her father demanded the '
lodging money, on which defendant said he had not the
money to pay awl was very almalye. Witness corrobo-
rated her (other u ti Ilia mitering him out of the house.
and dere:plant retuning to go. ft t List her father went to put
him out. and defendant kicked him. Iler father used no
inioe violence than waa nem:wary.— Dcroohnti who
was • travelling photographer denied the awault, and was
sentence,' to II line' hard labour.
ra;P're fr
riot tgert'n i.
lalie 10th ir. rhlar el
with an
ode if
—After hearing PA. •ei :iatratea mid there
APPeareil to he no eyi !tom • sin which a jury honhi con-
vict and ili-charsie I def. n Lint tellingliii,. aUm same
time that lie had placed liiinaelf in a poaitiusi of great
suepicion.