The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1869-07-13 00:00:00

WEYMOUTH COUNTY
_COURT.

_.----- _ _
tivroaDAT.—The business to be done at this court
consisted of 78 new ca.'s, 4 edjournotente, 18 judge-
ment summontes, and one bankruptcy. A large number
of undefended cases were disposed of by 0. Andrews,
tegi.trar, before the arrival of the Judge, and at
eleven o'clock the remainder of such cases were taken
in another room. _

Before T. E. P. LZ/KOT. Esq., judge.
Dgke v. Pearce was an notion on a bill of exchange,
for £l5 10a. Id, Mr. George, of the firm of Tigard and
George, appeared for plaintiff. and Mr. G. B. Welsford
ford the ilefence,—Mr. Weldord took • number of
objections to the bill, among others to its wording, and
said the word "order" was cut in it. His Honour said
the bill was in bad grammar and bad 'polling; but he
took "that hieroglyptie," pointing out part of the bill.
to mean "order," ja-t as he took " too" to mean "to."
—ln further discussion it appeared that in 180, defen-
dant made a composition with his creditors, and this
debt was not included in the schedule, for which reason
plaintiff had brought the preteut action. Mr. Weltford
next urged that tbe bill ought to have been presented
at the place at which it was male payable, previously to
the action being brought. Tt is was a cal iiticainal Pre-
cedent, and a very essential point ; but the Judge held
that plaintiff was not bound to prove preeontment, an
it was not necessary.—Mr. Webbed urged also that
defendant had ernieeted a deed of composition. end held
a certificate of protection under the Act ; also that at
the time of sigmas the deed of arrangement the
bill had been dishonoured.—The case bad been ad-
journed from last Court day, for the prodnetion of
the deed of composition, and Mr. Howard was
now called as I. witness, and said that sine. last Court-
day he haii made every enquiry, and rent to London
and obteined registered copies. The thought, however,
occurred to him that the ewe had been removed to
Exeter, where he met and obtained the deed which he
produeed.—Mr. John Gibbs Pearce was nailed to Prove
the deed. His liabilities amounted to about £4OO, not
including £l,OOO mortgages, bat he could not tell the
amount of debta owing to persons who did not consent
to the assiennient.--The amount of liabilitiet was
stated in the deed at £1640, and assents of persons
whose elrims &wonted to El.OOO were attached; but
his Honour said that assents to the value of A:1,2/0
meat be shown.—ldr. George said be was instructed
Mut one of the creditors whose names were attached to
the deed did not sign it, and be was at present in
Court.-11r. Howard thereupon asked to have the per-
son sworn.—Mr. J. G. Patton said he had not assented;
but was pressed as to whether that was not his signature
attached to the deed—Mr. Howard warmly exclaimed
that this was • charge of forgery against him and his
clerk, and he would see it through, cost what it might!
He did not have forged deeds in his office.—On being
sworn, Mr. Patton adinitted that the signature was his
own, altlmegh he did not rerdemb-r having given his
assent.— Mr. Howard thereon somewhat "firmly pro-
tested to Mr. George against the assertion he had mode.
—After a long and tedious fight on technical points,
judgment was given for plaintiff. Notice ot appeal was
given, nn the eround of wrong determination on • point
of law by the Judge.
Grimmer! v. Wattle. —Claim for EH 1:34., by plaintiff,
• grocer of Weymouth, against a huckster residing at
Chesil, Portland.—Mr. George appeared for plaintiff,
and Mr. Howard for defendant. The claim was for
goods old, and interest for 3 years at 5 per cent.
Plaintiff stated that had received payments on account.
The particular's of the claim was praluced ; bet Mr.
Howard asked to see the miginal entry in plaintiff's
books, which it appeared he had not brought. Mr.
Howard also stated that he should be able to prove that
at the time the debt was eontr..eted defeudsint was an
"infect." The Judge asked if defendant was married,
and he answered "Yen," and that defendant looked
about four-Led-twenty. On plaintiff's producing the
books, Mr. Howard naked if 761ba. of sugar 2222 nee..-
eery for an infant Cross-examined: Witness replied
that defendant said some portion was to tell again; hut
they were goblet retail prices. Defendant had no ahop,
but a room with some of the goods scattered about.
About half-a-dozen pounds of sugar were in the window
for sale. He debited the goods to Malcolm Weston, and
they were ordered to be sent by carder. They were so
sent by Cake, the carrier. Defendant told plaintiff
that he could not pay, called a sale, sold up every-
thing, end told plaintiff he might whistle fr
his money.—On Mr. Howard's addressing the Judge
for his Client, his Honour said there was no
sufficient proof that the goods were bought for the
purpose of trading. He asked Mr. Howard to go
straight to his case—Mr. Howard replied that he was
doing so, and intimated that he intended to perform his
duty as an advocate.—The Judge : You do more than
your duty.—Mr. Howard, premising that be wished to
save the time of the court, went on to sac he should
prove these goods were not 13801:2112602, and that defend-
was under age. lie heed in a little Ileum with only
four reams and a little !shop, and he urged that 4014,, or
:rnlb, of sugar were not neeesaaries for an infant.—Mr.
Weston, father of defendant, produced the certificate of
defendant's birth. His son tool' a wife before he cull
afford ts keep her, went ton littla house under the hill
and opened a small abop. Witness wail supplying him
with goods or provisions to the amount of 12s, a week.
The wife's family provided them with butter, and be
let them have tea and sugar, that they might not touch
the articles had from Mr. Grienuiett. The things "applied
them were at too high a price, anti they were not tele.
able. These "pals were supplied in the regular way of
trade.—Cresii-examined : Ile was not present when the
goods were ordered, but was there when Mr. liriminett
called, and heard him say "You could sell your goods
as well as anyone else." His son placed himself in the
hand. of Mr. Hill, a solicitor, since dead ; all was sold
by public anctiou, and the money was divided amongst
creditor,. Witnese dad not get a cent, nor should he
think of taking anything for what he gave to his son.—
The Judge said the whole of the goods were in the
nature of household necessaries, and the probability was
that the major portion were consumed in defendant's
own family.—Ordet for payment forthwith.—His
Honour said the plea was not a very honest one, and
deserved no oonaideration. At least the unconsumed
part of the good" ought to have been returned to
plaintiff instead of being sold.
MADAME ARABELLA GODDARD AT
WEYMOUTH.

-
The Assembly Room of the Royal Hotel was well
filled on Tueedny evening last, by a very fashionable
and appreciative usembly, on the oecasion of our
talented local musician, Mr. T. Avant, introducing
Madame Arabella Goddard to the Weyniouthiaas and
their visitors of 180.1. Madame Goddard is moi• than
well-known as a celebrated pianists; her talents have been
recognised by the first musicians of the day, and she
attracts to her recitals the most fastidious of cennoieenns.
Renee it is that the attempt to introduce a word of
praise which shall not have beon over and over repeated
before appears utterly vain. To tbe attractions of
Madame Geddard's playing were added those of Miss
Annie Edmonds's singing, which gave a ',lassie' variety
to the entertainment, and Mr. Avant himself was
determined to oontnbute his share personally to the
delight of his patrons, for he obtained from Madame
Golidard the Battering distinctiou of her performing
with him in a grand duo on "Faust," and got Miss
Edmonds to render hie own new and popular song,
"Mabel's Reason Why."
. . .

The recital ennimenced with laudable punctuality,
and Madame Goddard fint gave Mozart'. beautiful
sonata in B fiat, introduced by herself at the Monday
eylethadtheeispeud.iumenestoatenejnoeye.
TiPiel:utlha.er secicn7:tirneftLitredpuintr7athi:et.thh
mama.us
power and flezibility of execution, throws into her
performance the spirit of the composer himself. Her
touch is decidedly firm; but the tender and soft parts
are also beautifully rendered, and as wee to be expected,
*he earned wenn applause- Mips Edniond• then sang
' Benedict's "Rock rue to sleep, mother," with consider-
able delicacy of expression. Mendeissohn's sth and
last book of "Songs without words" was put antler
contribution by Madame Goddard, and she allowed off
her wonderful and brilliant fingering to greet advantage.
The glissades in the allegro vivaee part were marvellous,
and the adagio was very nice, soft, and Meer, said when
the presto (Tarantella) followed the company were
electrified with the splendid rapidity and brilliance of
the execution, and, it. needless to say, over•belmetl it
with applause. Miss Edmonda then gave Mendehrohn's
"Swedish Winter Song," and her lower notes especially
were very sweet. Then came the testing piece of the
evening, Oshorne's grand duo on "Faust," in which
Mr. Avant accepted the critical post of .0-performer
with Madame Goddard. We must say that Mr. Avant
threw himself heartily into the spirit of the affair, and
when, as it were, challenged by Madame'. utmost
powers, he responded at his )nstrument with • success
that must deepen the impression already formed
of his own talents. The tremendous encore which fol.
loved must certainly be taken as no lens • compliment
to Mr. Avant, than • tribute to the lady. The same
reason probably, commanded the encore that wag given
to Miss Edmonds in " Mabel's reason why r Her
greatest succese to our taste wiss perhaps In the roguish
hint thrown into her quiet tendering of the line "And
women sometimee too," though the whole mug might
roil out high powers of expression in a •ongstrem.
Beethoven's Grand " Pmtoral " Sonata in D, (Op. 1.5)
we. then selected by MadanseGodelmd, who was warmly
welcomed back. The grand manage. of the allegro
were grandly rendered, the playful spirit in the wheeze
was excellently caught, and the rondo was exquieltely
played, Madame Goddard evidently not requiring the
caution' ma non troppe," for she evidently is thoroughly
capable of perceiving exactly the tioruposer's intent. It
will be superfleous to mention the applause. Miss
Edmonds next attempted Or. Arne'. lovely ballad
" When Daisies Pied," and although a critical oar
might fancy that she was at first scarcely calm enough
LO give herself sufficient breath for this high-elms of
singing, she rapidly improved, and the "easkoo" part
she gave deliciously soft as from an unseen echo. No
I wonder that citizens are apt to think the country such
a ',teatime, if they derive their ideas of its sound, from
our old musician& Mies Rdmonds was deservedly uncoied,
and repeated the second eerie' with the same sometimes.
The climax of dexterous, yea, (in a good sense) anahi-
dextrous performance was reached by the accouiplisbed
Madame Goddard in • new fantasia on airs front "her
premiehutz," composed exprosaly for the lady by
r En 1::
:la:no
marvellous
:err
olimpressionot trhphpublic
loftti:oari
Benedict, of which it Oill truly be said that it showed
was
musical
Avant
ic
the noc, Wtheb"
Wis
uMadnieruelinyeutsGhh:Mardhisavenoniw:swuhretTaurs
marvellous treat,

CHAR/IEL ISLA ND3.

Want 01 nit CASKETS. —The Itilirliongh, 700 tons
register, laden with lead and fibre, from Carthagrna
to Shields, went OD • rook to the north of the Cukets,
during a thick fog, at halerast three on Tuesday morn.
log Wt. One of the Weymouth and Channel Islands
pickets boarded her, and while the chief and second
mate of the steamer were on board of her, as the tile
left her she brsko j t4o, and hits boot:omits total wreak.
Providentially no lives are lost. The caotein and a
portion of the crew remain on the Caskets, eadeavopre
mg to save as much as poseible of the furniture of the
shill. The mate and eight of the crew esmeril in the
lifeboat ; but the captain (Mr. J. (ibbs) es. by the
vessel as long at possible and then mode for the light-
house. The Aquila remained by the wreck fr nearly
two hours, with the object of rendering imaistance.