The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1862-11-04 00:00:00

I

Martin e. flaylard.-This was a claim for £4O for
apples sold by plaintiff to the defendant.-Er. Fear
al pmred for the prosecutinn, and Mr. Slade for the
de-fence. - Both parties reside at Martock ; the
plaintiff is a surgeon, and the defendant an apple-
dealer.-From the plaintiff's evidence it appeared that
be sold the defendant an orchard of apples for £4O, and
he was to be paid hall the sum in three weeks, and
the remainder at Christmas. The defendant, however,
hrel not paid any money, bob had taken away the
heat portion of the apples. At the end of three weeks
defendant said he thought it would make nu
difference about having the money for a week or two.
The apples were worth the money, and he should make
A good sum out of thetn.-Crossexamined : The defen-
dant had taken away the best fruit, and about half of
the quantity of apples that were in the orchard. He had
taken away six or seven loads. Ile did not say he
would pay plaintiff when lie had converted the apples
Into money. He had sent defendant a notice that he
was not to take away any more apple', and that it lie
did not pay he should treat the agreement as null and
void.-Re-examined: He did not fb,, the apples to the
defendant upon the understanding that he was to pay
£2O after he had sold some of the apples. The defen-
dant Lad taken away a considerable quantity of apples
after lie had received notice not to do so.-le defence,
the defendant said that on the 19th of October he went
to the plaiutiffs house and bargained for the apples,
and ho told plaintiff that he knew very well that he
was not a man of much ready money, but tied in about
three weeks or a month, or as quickly as he could get
sonic retura for the apples, be would pay £2O, and
the remainder at Christmas, and to this the plaintiff
Consented. He would swear that he had not taken
away any apples since he had received the notices not to
do so. He had not taken away half the apples in the
orchard. There were about 330 bags of apples, and
lie had had about 32 toga-His Honor remarked that
the defendant could not run about making engage-
ments which lie could not keep, and gave a verdict for
plaintiff. Mr. Fear applied for an order for immediate
execution, which his Honor granted.
William Hyde, grocer, Sherborne, (claimant) v. W.
B. Hillard, spirit merchant, Taunton, (execution
creditor.)-Mr. Sidney Watts, Yeovil, appeared for the
claimant, and Mr. Frederick Treuobard, of Taunton,
for the execution creditor. This was • case in which
Millard obtained judgment against olaimants'a father,
Charles Hyde, for £ll ss. lei., and issued execution
when claimant clamed the goods under a bill of sale for
£5OO, dated Ist of July, 1862, for securing £5OO and
further advances. From claimant's evidence it appeared
that in September last, certain goods were taken from
his father's house under an execution, whilst he had
given claimant a bill of sale for £5OO, and it was three
things that he sought to recover. He had &cleansed
this amount to his father in various sums, and at diffe-
rent Clime, and on the 14th February, 1860, he
advanced him £2OO. Claimant's grandfather had ad-
vanced him (claimant,) £4OO to commence business with,
and be had given him • bond as a security for the
amount. The check his grandfather had given him for
the £4OO, was upon the National Provincial Bank.
Claimant's father was rather pushed for money and he
let him have £2OO. He had likewise advanced to his
father the following some at various times :-February
27th, 1861. £10; March 7th, 1861, £l5 His. ; March
18th, 1861, £10; March 25th, 1861, 236; December
4th, 1861, £3O 10; June 6th, 1862, £10; July 19th,
1862, £4; August 18th, 1862. £23 15s. ; August =rid,
1862, £4 10s.; August 30th, 1862, £4 2.e., together with
£1 Is. for interest; September 17th, 1862, £l2 2s. ;
September 23rd, 1862, £10; October 6th, 1862, £6 Sc.;
October 81st, 1862, £Bl 12s. 7d., and £l5 16s. was due
to claimant for goods suprlied to his father prior to the
seisare. His father had promised him interest on the
monies, which would amount to £32 13s. 3d. These
sums had teen advanced to pay his father's debts, and
the cheques had been drawn in different persons names,
AS claimant did not wish his bankers to know that he
was drawing money for his father. It was dieted in
cross-exainination that the claimant had been in business
shout three years, and that he had only about £2O or
£3O of his own, but be refused to tell what his capital
amounted to now. The sheriff's seizure was put in
before the county court execution. He remembered Mr.
Hillard's traveller coming to him on the 7th of August,
and asking hien if he would be a sectuity for his
father, but he declined. He had paid seveial
of his father's debt., and the reason why he did
not pay Mr. Hellard's traveller was because he thought
he bad acted rather 'sharp" towards his father. In
claimant's re-examination, he said-besides the £4OO
his grandfather advanced him-he had 2200 from his
father-in-law.-Williarn Hyde, the grancfather, r roved
lending the claimant £4OO, and ree3iving security for
it; but said he had never ben paid any of the amount.
-Charles Hyde, the claimant's father, and judgment
debtor, said he executed a bill of sale for £5lO for his
son. The first money he received from the claimant
was in February, 1860, when he had I'2lo. He owed
the Wilts and Dorset Bank at Sherborne £95, which be
paid from the £2OO, and the remainder he paid for
rent. He had never paid any of the money back to his
son. He kept a public house, and tl e valno of the
goods in it were worth about £IOO.--Cross-examination:
He rented a house and about 40 acres of land, for which
be paid £l2O a year, besides rates and taxes. He was
(mite sure the goods in his house were not worth £5OO.
He bad never told Mr. Hillsrd's traveller that he had
executed • bill of sale to prevent other creditors from
taking possession. He had no books to show what
money he owed his sou.-Mr. Trenchard, in addressing
his Honor, observed that lie was quite sure there were a
good many suspicions connected with this case. It was
nothing but a fraudulent transaction between the
claimant and his father to deprive other creditors
-of their share of the property. The whole of the
-creditors were tdren in, and be thought his Honor
would not be satisfied that the cheques which had been
produced had passed through the bank, and he thought
It was • very suspicious circumstance that the claimant
Lad not produced his bank-book. Several creditors
were paid, whilst Mr. Hillard and others were not.
He contended that from the very beginning the bill was
signed to prevent other creditors from coming in, and
was intended to defraud the creditors.-His Honor,
after making a few observations, said he thought the
case was not a fraud, and he was at present inclined to
give judgment for claimant, but he would reserve his
decision until next court day.

Poticx.—At the Townhall, on Friday, before G.
Harbin, Esq., William Mitchell, a mason, of Monte-
-cute, was charged with assaulting and threaten-
ing to murder his wife on Sunnday, the 12th
of October.—The defendant admitted the charge
but said he was provoked to do so from finding his
wife and a man named Warry, a blacksmith, having
criminal connexion with each other. From his state-
ment it appeared that on the night in question his
wife manifested great anxiety to get her husband to
bed, and after some persuasion he retired leaving his
wife apparently deeply engaged in reading. She,
however, tied her husband's bedroom door with
.some string, which aroused his suspicions, and he
determined to watch the result. After waiting
about ten minutes he discovered his wife and Warry
walking about very lovingly, and saw them enter a
stable, to which the husband, with noiseless steps,
wended his way, and there he found his faithless
spouse and Warry,in a very indelicate position. Being
exasperated at such conduct, he wired Warry
and threatened to run a pick through him and his
wife, and which he would have done in hie passion,
he said, if he oould have found one. Warry, how-
ever, made his escape, by falling from a height of
about twelve feet, and the unfaithful daughter of
Eve was left to her husband's fury and
anger, who then ill-treated her. The wife
stoutly denied the charge of being unfaithful
to her husband, but she said "seeing was believing."
Mr. Harbin endeavoured to affect a reconciliation
between the parties, but to no avail, and husband
and wife were very free in making use of terms
which were anything but loving ones. The
husband stated that he had placed the matter
in the hands of Messrs. Nieholette, solicitors,
and nothing would satisfy him without being
" deborced" from her, and he would not give up
any of her clothes, although he was urged to do so
by Mr. Harbin and herself. He said his lawyer had
told him not to give anything up, and he would not.
The defendant also stated that his wife had taken
away almost all the goods in his house and had placed
Item in several houses in the parish, but he had had
a search warrant and had found lots of them. The
defendant wished the case to be adjourned, as he
had made his complaint to J. Wood, Esq., a magis-
trate, and he could not pet the attendance of his
solicitor that day. Mr. Harbin said that as his
brother magistrate had been privily consulted, he
thought it would be the best way to let the case stand
over until Friday, and to this the complainant con-
sented.

_
CHARD.—Thz DISTRESS IN LA NC ASIIIRE. —On
Sunday the Rev. W. Densham preached two sermons
at the Independent chapel on behalf of the Lanca-
shire distressed operatives. A collection was made on
each occasion, and the object being a good one, was
liberally responded to. We would here suggest to
the charitable inhabitants of Chard that whilst they
]end • helping hand to operatives of the North, they
must not forget their own town. Chard is, to a
great extent, connected with the cotton trade, and
the depression in the north baa had a great influence
en the trade of the town. A dull winter is in the
prospective. Many of the lace hands are totally
out of employment, and numbers more working short
time. All these will want support during the winter,
and who is to provide for them, but those who have
been reaping directly or indirectly the benefit of
their labour. Whilst we admire the sympathy
exhibited by the inhabitants of Chard towards the
Operatives of the north, we think "charity should
begin at home."

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ACCIDENT. —On Monday u a young man named
James Morgan was working with another removing
801110 pavement stones from the premises of Mr.
George Dunn, Fore-street, one of the stones,
weighing about 15 cwt. fell on him, breaking
his right thigh, and mutilating one of his
hands in a fearful manner. The poor fellow was
taken home quite exhausted, and it was some hours
before the surgeon (N. W. Spicer, Esq., jour.), was
able to set the bone, on account of the thigh being
sO swollen. We hope the case is not a very serious
'The, and that under the skilful treatment of Mr.
Spicer he will soon recover.
CREWICERNE.—On Tuesday last great disappoint-
ment was caused by the non-appearance of the Somerton
corps, who had fixed that day for the return match
to cnne off between five of their own and the like
Itinlher of the Crewkerne corps, at the rifle range of the
meeting. Twelve o'clock was the time appointed,
and the five Crewkerne members turned out, and were
waiting to welcome their opponents, when, at the last
moment, a messenger arrived from Captain Dickenson
with • message to the effect that "on account of the
weather being no very wet, the five members of his
corps thought it &claimable to decline coining." This
announcement, of course, was not very well received
by the 20th Somerset and to prove to their friends of
the 24th that wet 'weather would not keep them
at home, proceeded to the rifle range, and
rntrie up a sweepstake between them. Some very
"(xl shooting was made, and after the shooting was
°Z.e_LD2 rate Bird kindly invited them to • capital

dinner, to which ample jnstiee was done. In their
absence they drank to the Somerton Corps, who we
hope will yet live not to fear a " rainy day."
THE RATIONAL SCHOOLS. —On Sunday sermons were
preached in aid of these schools, at the old and new
churches. The Rev. Mr. Evans, of hlerriott, preached
at the old church in the morning A very eloquent and
impressive sermon, and in the afternoon the Rey. Mr.
Cos, of Waterton, earnestly pleaded in aid of the
schools. The respected incumbent, the Rev. J. S.
Stubbs at the new church in the morning delivered A
very appropriate and eloqeent discourse, and in the
afternoon the curate, the Rev. Mr. Dyson, earnestly
pleaded the cause of the soluxdi. The total amount col
bated in both churches was SIG M. In the boys
school there are 120, and the girl's school numbers 150.
Sunday school boys, 142; girls 104, and in the infant
Sunday school there are 142 boys and girls.
MERRIOTr.—SERMONS.—On Sunday sermons were
preached in the Wesleyan Chapel in this village by Mr.
C. Bronsdon, of Hungerford, when collections were
made on behalf of the fund for the liquidation of the
debts on all the chapels in the circuit. On Monday after-
noon, Mr. Drinedon again preached a sermon, after
which a tea meeting took place in the schoolroom,
when about 100 sat down to partake of the social cup
and its accompaniments. After the tea was over, a
public meeting was held in the chapel, under the pre-
sidency of Mr. Job Bradford, which was very nume-
rously attended. Some very interesting addresses were
delivered by the Revs. W. Williams, and J. Nicholson,
ani Messrs. Bronsdon, Baker, Drayton, and Gibbs.
The collections amounted to nearly £3.
BATE..The Mayor of Bath has received a reply
from Garibaldi, to the resolutions of sympathy ex-
premed at the recent public meeting held in that
city. In referring to the Roman question, the
general's secretary characterises it as an intricala
matavra, which hypocrisy and despotism have
embroiled by their perfidious bands. He hopes that
the English people by their meetings may get the
Government to urge upon Franco the withdrawal of
her soldiers gradually, or at once, from the Eternal
City.