The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1865-12-26 00:00:00

NOTICE Or ATTEND A NCE AT DORCFIESTER
EVERY SATURDAY

=-7

1111110r0HOUT 7111 TEAR,
At MR. HAZEL'S. IRONMONGER, HP3H
WEST MEER

One nt the, tint bi
MRSSRS. Rsttnt & SONS may be
consulted as aboae on Mr. &SMELL'S well-
known Patent invention in the conitruction of
ARTIFICIAL TEETH, which are mule and fitted,
without extraction or giving any pain whatev%r, in a
few hours. Their surprising aciftntes, firmness
durability, and anpearanoe to nature cannot be
equalled by any artificial vrerk of ordinary construction.
Inspection invited. Terms strictly moderate.
single Tooth from ss.
DECAYED TEETH STOPPED. —LOOSE TEETH
_

FASTENED, &c., &o.
•„• Only one visit neeess‘ry from oonntry patients.
ATTENDANCE AT
HYDE, evert MONDAY, at Mr. Mundell's, 5, Cross-street
SALISBURY, every TUESDAY, at Mr. Roe's. stationer,
Queen-street;
CHICHESTER, every WEDNESDAY, it Mrs. Evans'., 87,
EAst.strisq ;
WINCHESTER, every THURSDAY, at Mr. [Priddi-'s,
oonfeetionor, 105, Rish-street ;
SOUTHAMPTON, every FRIDAY, at 25. Oxford-street,
(near the Docks station); as also every evening after
six o'clock where patients will melee every at.
tentioo.

IRSET COUNTY EXPRESS AND AGRICULTURAL GAZETTE, TUESDAY, DECEMBER, N, 1865.

THE IAWSUIT BETWEEN THE EARL OF
SR fESBUItY AND MR. R. S. WATERS.
On Tintsday, before the Vice-Chanceller Sir John
.iluturayr,ta,
,t,thi,emeawseasofmWadaetecni.
bve.
htahe lf
ote.farthi
eodf
eSfelinaldtaenst-
-1 twohererescbiy it was orderedadanorder thatoftheBt er
Silt
oDeteinmbdeocruinmsetanntst:
which, Leder an order of the 30th of June last, had
been directed to be produced by the plaintiff fur the
defendant's inspection, should not be produced.
The plaittiff, who bad been steward to the defen-
dant since the year 1851, when the latter succeeded
to his present title and estatra, and bad previouely
occupied that position under the late earl, resigned
his post is July, 1863, upon some difference having
arisen between himself and the defendant. In the
ensuing November the plaintiff rendered his estate
accounts from 1861, up to which period he had pre-
viously readered them, and in the ensuing January
he rendered what was called a supplemental estate
account, which embraced a variety of matters which
had extended over nearly the whole period of his
enoagement with the defendant. Upon the total
balance of all the accounts except one the plaintiff
claimed a balance; and upon the one so excepted,
which related to two contracts with the Land
Drainage Company for draining the defendant's
lands, and which the plaintiff alleged were executed
by him as contractor, he claioaed a balance of about
£8,827. The bill prayed, first, for a general account
between the plaintiff and defendant; and, secondly,
a declaration that under the above contracts the
plaintiff was contractor under the company, and not
the agent of the company in reference thereto, and a
decree for the par ment to the plaintiff by the de-
fendant of the sum of £3,82/, which the plaintiff
alleged the defendant had received from the
company. After the bill was filed the defendant
caused the plaintiff to be indicted on several charges
of alleged embezzlement during his stewardship.
That indictment row stood over until the 10th of
'April, 1866, by which time it was supposed the
present suit, which had been set down for bearing,
would be heard. The defendant sought in effect by
the present motion the production of two documents
In the plaintiff's possession, and such production was
twisted by the plaintiff on the ground that they
were necessary to him in his defence of the criminal
proceeding, instituted against him by the defendant,
and that therefore he was not bound to produce
them until after the termination of these proceedings.
Mr. Bacon and Mr. &ape supported the motion,
but Mr. Melina and Mr. C. IL Roupell, for the
plaintiff, were not called upon.
The Vice-Chancellor said that the affidavit upon
which the present application was founded was
made in June last. What was now asked was that
at this late period oertain documents, the production
of which the plaintiff resisted, should, notwithstand-
ing the reasons stated by him, be produced. As to
all the other documents there has been ample pro-
duction. The present state of the cause was that it
had been set down for hearing a stage which showed
that the production of the documents was not neces•
Baty to enable the defendants to prepare his defence.
It might be said that their production would enable
him more advantageously to prepare his defence,. It
seemed to him, however, that the production could,
if required for any legitimate purp•ise, be had at the
hearing of the cause, as the documents were clearly
described in the affidavit. They were statements of
account between the plaintiff in this cause and two
persons Whose names were given in the pleadings.
These persons were employed by the plaintiff; and
It Was admitted that by the terms of certain non-
tracts in reference to drainage Works, to which the
drainage company and the present plaintiff and de-
fendant were contracting parties, the plaintiff was
appointed agent to the company, • not only for
the construction of the works, but that in construct-
ing them he should employ the two persons named.
It was established that in suits for an account the
Court ordinarily would not admit evidence as to
. items to be read at the hearing. Upon the evidence
, then before the Cotirt, it seemed plain that for the
, purposes of the heating and guiding the Cocci to a
5 decision on the questions raised by the bill, those
I documents could be of no use whatever. The
drainage Works had been performed according to
dontradt, arid the, plaintiff was entitled to a certain
remuneration. Upon that question these two docu-
ments could be of no use. The other part of the
, decree sought by the bill was a general amount be.
tween the parties, and upon the question whether
I there should be an tweed or not these documents
would have no foroe whatever. Upon those grounds
it was difficult to say the application ought to be re-
fused. But it was impossible to omit these with.
tional cirettmetatices r— The plaintiff said that after
he had filed his bill, the detailed; Instead of waiting
r until the result of the accounts was knoWii, bed
thought fit to institute a criminal prosecution against
F him, the result of which must, as he said, depend
Upon the accounts. Now, that might he a perfectly
. right proceeding en the part of the defendants, who
stated that he had done do With a view to the public
' interests, but the public interests are ndt to be served
by injustice to individuals, and still less by nartkiftg
use of the machinery of this Court to obtain the
production of documents, which the Court could not
help thinking was to be used in support of the pro-
' mention. It appeared that the public prosecution
had been postponed. Why 7 Because there was a
suit vending in this Meld, where it was certain that
a full and fair aocount would be taken bcirween the
plaintiff and defendant, and upon the result of which
it wotild be seen whether !coney had been embettled
by the plaintiff or not, and then it *odd be time
enough to go on with the prosecution. He only men-
tioned that ciretturstanoe because the manse' for the
defendant insisted that whatever use *light be made
of these documents this Court had nothing to clia
with it; but he (the Vice-Chancellor) was not at
liberty to take that view of the argument. Looking
at all the circumstances, it seemed to him that the
noble defendant had vindicated his duty to the
public, and that the best eourse for him to pursue
would be to have the accounts taken; or put the
suit in a proper course fer that being dond. The
motion must be refused, and with coats.

joreign intrlligence.

SPAIN Las accented the mediation of France and
Bug land in the Chilien dispute.
AN ordinance has just been published in Virsrsaw,
permitting all inhabitauta to go out without lanterns up
to midnight.
THN Belgiane Ministry sent their formal resignation
to the King on his accession to the throne, but his
Majesty requested them to reansiti In °thee, and they
complied.

BY the arrival of the mail steamer from New York
we learn that there were Cigna of di:sension among the
Fenisna there, and the New York Herald suggests that
the leaders of the movement should be handed over to
poltim. General Logan ha, declined the proffered
mission to the Presid,nt Juarez unless material R.OlB.
lance is promised to the Mexican Republican. Perri.
dent John,on las declined to accede to this demand.
The Chilian Encioy at New York has been fraternising
with the Mexican lb-publican Con.ul and other repre-
sentatives of the South American Neimblics. Speeches
wire made in stout defence of the Monroe doctrine as
applicable both to North and South Americ