The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1883-01-02 00:00:00

curoanwr TO THE INC KKKKK LS OF ILISSON.

William Rogers wee charged under an adjourned
summons with being the owner of a brick-kiln or 'clamp,"
which did not consume, and had no means of carrying off
its own smoke, and consequently use • lllliaSileo and
Injurious to health.—Mr. Budge appeared for tee Urban
fimitery Authority of Poole, the prosecutors in the cam,
and Mr. Curtis was for the defendant.—The evidence
taken on the last occasion was reed over. It was the
testimmy of amoral witnesses, ch Offs ember- woonte. who
dittoed teat they were injured in their trade by the smoke
from th• clamp driving down and the black soiling their
clothes; and also that they had been compelled to shut up
their doom and windows.—Hr. Budge contended it was
not necessary for him to prove that this nuisance was
injurious to health—(Hr. Curtis would admit that)--no
medical certificate to that effect, for the production of
which the ease had been adjourned, woo reqoisite before
c mid be taken. All be had to do under the
grlicai Health Act wee to prove that the missione tom
plained of Was an inconvenience to the persons residing in
the neighbourhood. What he said wee that the beet
possible means bad not been taken to prevent this
nuisance, which was • very serious one to the inhabitance
of that district, and therefore he asked them under Jam
95 and 90 So make an order for its abatement. The remedy
no doubt was the erection of • shalt.—Mr. Curtis said
this was a case In which he thought hia client was suffer-
ing a very peat luirclahlp. He had taken the lease of
certain Payloads in the Heetherland village for the pur-
pose of brickmaking, and under hie lime he was bound
to pay a rent of 1:90 in consideration of the permirdon to
manufacture • certain quantity. Whetter he manufac-
tured that quantity or not he was bound to pay the rant,
and therefore if the Bench decided to Woes the kiln they
amid is reality be intlicthie upon the defendant • penalty
of DO a peer fur the next 14 pima He would show them
that this clamp was constructed upon exactly the same
principle as othron In the locality. By elot6oo SWIM of
the Act. Mr. Curtielemeeded to contend they were only
bound to COOSOMe their MOWe as ter WI WY peltetic•Ale,
and that the Wert could hold no autumns had been
created where a femme had been constructed to meet ea
far ea possibly Chia condition. A nohow* had been
defined as being such so was calculated to seriously inter-
fere with the comforts and the enjoyment of life by those
living in its immediate neighbourhood. He affirmed that
: this had not been shown —is few washer- WOOtee, it was true,
had complained of" blacks 'on their clothes, but if them
! kilns were removed they would dad themselves far worse
than May were as gamma for the J0u..., vi
bourhood was centred 111 briclunaking. He submitted
this was • mere matter of sentiment, elthoitith. Perham
the "camp' might be an eymore. Kr. Curtis than called
W. Rogers, toe defendant, a builder, who said he had
previous experience in building kilns, and the one in
question was constructed on the same principle as he
had built other., and aa the majority of kilns in this
neighbourhood were. Its top was aboet on a level with
the top of the bowie on the south-ems side. Those were
the ammo houses, and were 4101 t. distant. Un the
north-east aide the nearest house was 4t. off. There
were no others within MO yards- He had had the kiln
carefully attended to, but, one built on that principle,
could not consume its own smoke—By Mr. Budge: He
had no shaft and no means of tempo' off the smoke
except by the atmosphere, the same as odor kilns. —Mr.
Hillman, builder, of Constitatioe.hill, said he lived about
300 yards south-east of the kiln in question. As far as he
we. contented he had not any nuisance to complain of.
Wilmot who seemed • rather unwilling witness, said be
was scarcely ever at home, but he had beard his wife
complain of he smoke blowiest across her garden, and he
told her if that wee all the nosianoe he had to complain
of he shouldn't cam. Uoughter.)—Henry Piounimr, who
lived in the nearest cottage to the kiln, gave similarly
qoastionable testimony. He had never complained of it
because be was never at home when it was alight-, but
Ms wife had spoken of one or two bad dap. —Kr . K J.
Conway, of Parkstone, said be had been interested in the
briakesaking business for the last 10 years. He had ems
the kiln la question, and be considered it would be equally
retentive or smoke se his own, and that built on the
Scotch principle it created • far Ms antrum* than the
old constrecMd one.. If the defendant attempted to con-
. . . . . .

w.et7uct It on the raost—ectentilic prints-IP-1;87hr) Was or
opinion hielbusistem must oollapse—it could not Day. He
&timid think any grievance houses situated 131 yards
away might sustain would be sentiments/ Ocusionalle.
from the heaviness of the atmosphere, the amok* might
not get away quite as quickly am at other OEM.—
Mr. Budge them celled rebutting evidence: Mrs. Emily
Eaton said she heed very near the kiln, and it had been •
Dolmens to her heath, but she could not my as to her
clothes. 136 s had been very 11l in COOSIROODC• last
stunnser.—Crogretauelned She had been well since, as
the wind hadn't taken it her way. They did not tell
the doctor this sleeted her health. It was not that
which made her 11l in the fast plans.—Torn Hurdle,
Heatherland village, living about HO yards from the
kiln, mid the smoke from the clamp had been • nidaseoe
to them, se It came down tie patina and into the door.
—By the Bench: He Ind ably to complain once this
surnmer.—Crowszarnined : He should be sorry to see
these Jahn dons away with, all he warded wee that a
shalt should be built—Mean Coles said the clamp had
been • nuleanos to his wile in her Weiner as • weeking-womaa—Riekerd Blake, who lived about a couple
of hundred pirds from the kiln, also said It was •
unlearn:4, and as long as it kept on emoting be did not
think it would be much use to put anything in the
prim—By the Beach: lie had only hat once to corn.
plain.—Kr. William Bunreonds also bed once to con-
plain of inconvenience from the kiln. His tenants—
two—had also made complaints that they ware °Mixed
to keep their doors and windows shut —Orosivuxemined :
He was the owner 01 • bdck-kiln In the neighbourhood.
It had not • shaft, but it wag built before houses were
built round it, and that mad* the difiereace. If people
came and built where there was • name's they must put
up with It.—B, the Chairman :1 suppirie the more new
kilns there are built, the worse It would be for old ones.—
Oh, no, I don't my that, there is no feeling lath. matt,r.
Witness continued he bethved. with • certain expendi-
ture of capital, the kiln in question could be made to
names@ its own smoke, end the owner could carry on his
tapilosse with prodt.—ln reply to Kr. C•rr, Glen, the
defeadaat said he proposed to alter his kiln next spring
to meet the approval of the Authorities.-11r. Budge asked
for an order—Mr. Barnes, the Surveyor, in answer to a
question from the Bench, sail be would rattler have an
order, and than he !should know whet to work upon.—As
the defendant said he should not want to begin to" burn"
again until April, and would shags the nuisance, the
Bends gave hire six months in which to do so, Kr. OW
Glyn ramekin that it was most i tap vain t n this country
the proceedings of the Sanitary Authority should be sup-
porta
CHAJIQI QP POIPL 11111441110 4041)1PT 4 DOILIZTLIIINE
0411T11[14.

• Samuel Symes, • young married man. of Wareham.
whose father wee formerly • farmer at Portestiam, and
who is connected with of Ulll largest farmer, is the
Vale, was Irought up Oa remised, haying been let out on
bail, an • Meagre of stealing fowls.
Klixabeth Hayes, widow. of Heatheriand village, said
on the 17th she saw her fowls go to roost just before dusk.
'The house is feat'rnst. but not locked. Next morning,
when she went to feed them, .lie found four out of the 11
were gone. She found the head of one of the birds in on
' adjoining field, but or "relic." of the others. She sent
for the polme. She would swear to the head of the fowl
produced.
Cross-examined by Mr. H. S. Dickenson, who defended :
sh„ had 4,4 it from one of tle sireants at • gentleman's
home at B strum:south. Sho exchanged with her. She
n..thiag particolar. except that it
• hers She h only had it • month, but she wirald swear
ft was tha h of her bird. She did no: know the deferi-
' dant, but had same him In her travel..
Crow-examined; She said she ems • laundress in • large
way of business, but she could not calculate her earnings
per week: they were vieriour. About .ClO • week et
times, sometimes Ai and Mrs than that. She kept two
Eliseheth Hayes, daughter of the lest witneer. also
identified the head, end swore to it, as having belonged to
her Inithises feel- She led,ged from the head altogether.
F.C. Centell said on Ibndsy. 18th Decembe,. be
received information from his superintendent that some
fowls hed been stolen in ilia perish of Hisao°. The next
de, he went to Poole, fend received two fowls from
Mr. Tanner, of the Portumhon, and took them to the
prowcutrix. She idectifled the coak-bird, the head of
which wag produced, but she could not identify the other,
• hen bird
Mr. Dickenson. addressing the Bench. said the poor
man had formerly been • dairyman, but had failed in
bruiser, and he had since been seeking work. He
the delendant last was wrote "Samuel Symee has been in my
possessed two testimonials as to character, and that he
wisied to clear, a' the present charts had seriously
darnagel it—in fact, the people with whom be MY at
premed lodging had given bin notice to quit in conse-
quence. Mr. Batty, be believed, would also speak in his
(WICOUr._

yr. Batty maid he w.O noon tha defendant and tad
abo known Ws father and mother, add he MO only war.
Wad Era lie vim brought la co the alum.

Mr. Dickinson continued these:tames in whose employ
employ and I have always found him honest and trait-
worthy in every respect." This poor man had been brought
before them on the slender evidence of that w01:11•11, who
was prepared to swat to the head of • fowl; he had been
taken into custody at the Portmahon, in Poole; he had
suffarsd the disgrace of being handcuffed mid of being
marched through the streets in charge of the pollee
The Bench hers intimated they thought the charge had
felled.
Mr. Dickinson said he should like to entre upon
the defence, as now they found that this woman was
earning from 2.5 to £lO a week they would undoubtedly
take further proceeding.. He should cell Mr. George
Joyner, of Werebani, and he would tell them that on the
lith of I)ecember he fold this men a wapiti of fowls, and
rill the 16th he oold him to pullets and a c ukbird far
3. 61. He had lust sake I the wittioas if he identified
the h of the bird produced, and sithnugh be would not
go to that length the proaecuteis hsd and would swear to
it. he said it was very much like. Defendant picked the
fowls and took them to the " Portmahnn." where he sold
them for 3i. 91. A more honest transaction could not be
conceived. Asking the 13-neh to dismiss the cam, he
hoped they wouid grant costs in consideration of the
expense he bad been put to, and say that the defendant
, left the court witriout • stain upon his character.
Kr. Supt. Batty said if the defendant bad given •
straightforwerl answer to a straightforward question he
would not have been Inckod up. Bur he dislioctly told
' Mr" Sept. Hunt, of Pool.. and his (11(r. Batty's) sergeant
that he liad not been in l'oolo since the Friday night, and
that he had not sold any fowls them. wheresi there was
a witness present to prove that he sold them at the
Portmehon on the Monday.
Mr. Dickinson said the man being charged with • thing
like that was naturally Martial. and did not know what
he did say. Bat beat once stated where he bought the
fowls.
Mr. Batty added that when his constable made enquiries
of the person who sold him some fowls, be told him they
were three hese.
The Chairman, after • short consultation with the other
magistrates. said " we dismiss the case; we lout think
he is guilty of the charge."

POkCiteo.
Let Lockyer was charged with night poaching on lands
at Verwood.—A eratlher to the keeper of Lard Nurming-
ton, named butler, proved that on the 26th Dec, between
half-past 11 and 12, he heard the report of • gan, nay
spread out around the come, and he saw the defendant
and ad other man Cme out They followed toem, but lost
sight of them for a manient, but afterwards overtook the
defendant blow on the line in the railway cutting. He
got up, and had • gun with him, and turning sada with
It struck at him with the bAtesruL He hit at him fours.
live time's, be waa running away, but only touched him
once on the ringer. He dropp-d the gun and c intinned
running, but the witness succeeded in overtaking and
capturiug hino—Trie nriamer'a defence was that he was
drunk at the time and lying by the aids of the railway,
seeing the watcher running after two men he also began
to run, and ilia k. *per collared him. He knew nothing
about tbe gum—The Bench 'Lid they considered the
evidence perfectly c:ear, and the defendant, who le well
known for his sporting proclivities, was sentenced to three
months' hard labour,