The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1879-11-25 00:00:00

Mr. Varied mortised in Dorchester, anklemsult el • solici-
t ir, and he SOS was entirely out of bati• ma. Toe goods
perched el by Mn. Veriai avers resold at • lois of
£7 44. It.. and Hr. Tweed urged that M w.ra. Her-
nial% were wern-d there would be • re. eau, and
had the °peer Pinny pr routine the neceouts tor
It. -John eriod, pltintiff, had lived at the Now
B 'retorter ; but In coneu ieueer of an advert.,
meat went in July to s MaSsfil. Nwa in about the
It yet Oak. Dorchester, and after be had go is over the
premise., Mesas. Newman arrest to pot kin repair, and
give him preemie on September St When be found the
repairs were not done, he west to eel Ht. CLOTI el New-
man. His house at Brruleeter be gave not C., t.. l.yee
on Ind N member, end was now 010 0. boon s When be
went toll gichever with hi. geele Mr. Cowl. Neenvon
sold he c said net give him per 1.10 Da t' )41 other p
wore not out. Os the lii to:ember there we. a sal,
where he bougit g ioda to the amount of CM Hi.
own goal. stud two d•va in the o,k pm-4 bit
be slept in the hour ea his owe bed at stout.
Toe oil tenants had perassion, sal drew, and they
remained for SOLO 4 days; but on tho Wide he went
bock to beamin•ter, and afterwards instructed Mese&
symonds and sin to write in defendatts. ilia
good. were rem %Id st a lose of £74'. 11.. and Ida con-
veyance of Lloandiester gond/ to D ',cheater cost Cl. sod
extra ide. of servant% Lis 5. , the total amount charged
twins 227 5 L Si. No coemoneatial damages were charged.
Afterwards be was office 1 p aserioa, but the repairs
were not done, and he was under an egreement
to keep ite premises to repair. - Croweexamined
When be came to Dore-barer, he saw Mr. Read,
the landlord, who said he had • sale only the day
before ; but be, after seeing Mr. Newman, offered to
give p isserion next day. Kr. RAd did not offer to
bine the un..xpired licence, nor did Mr N rem. offer him
£5 Mr. (I.ttlin next day said he'd give him CA Some
of the thines he bought were locked two • room. Himself
and Mra Varied, his nurse, and the ostler slept there, trot
not his undo MI zht have said he would am Mr. Howard
and toll them whether he would take paeseerion, tonal
three, and again, until seven. Up till Thtaboday aft 'moon
ha ba hit taken pomession. He ha I to take his fixtures
from Mr. Newnan, but they were Mr. Read a. He might
bate had pentathlon next day ; bat the repairs were not
done, and he had verbally mad, iurreement they wore to
bed..., Wore he went in.-His Hon iur enquire t when
the Reeds went out. and Mr Weetee replied they re-
mained them as Hr. Newman's meant, ; in fact defend-
ants were the injured party.-0a the susreation of the
Judge am to a se,thement, Kr-Weston offered to let plaintiff
into possession directly, but plaintiff replied he yes not
prepared to do so, aa his th'nga wire T aged
added that they could • it possibly put him in the emus
p nation as before-In ememexttatnatina plaintiff ad.
witted that he bad himself bought in some of the good.
at the second sale. He employed one home and wagon
to bring the giod, from Bradasier.-Mr. J. Hine,
Bearalnster, deposed that Mn. C. Newman profaned
plaintiff in wither's pretance that one of the stables
should be put in repair before he (Hr. Varied) took
possession. Witness knew nothlqg about any of the
repairs-Mr..). Newman said thereNrould be no dieloulty
in lathing plaintiff tbe house, as the tenant them was
"under his thou b."-His Honour held that plaintiff had
Proved his ease "up to the hslt.'-1(r. ft. Cox, auctioneer,
traminster, who valued the plaintiff in at the R tyal
Oak, was exontined, and in crass-ex gnittation said the
profits of a publichome would be about half the takium.
- Ti.. Judge said the proem of this cross-ex ruination
would not be worth mated-Kr. Westin said Veriod
actually turned Mr. and Kra Read out of the roam they
had occupied for years, and though they offered to take
payment for the room, Mrs. Read refused hi take it,
saying it MIS Verind'a house, not theirs (Readith Mr.
NewilleS had acted most liberally in arming £.5, the only
thing Varied could claim wee loss of profit. tor that day,
he was not enUtlal to hi. extrema -The Judge: Very
well, then, genUemon of the jury, I toll you as a matter
of comes, he is entitled to the amount he paid out of
pocket Weston differed from his Heather, and added
that his Honour tried to prevent the case awning before
the jury ; but be put more faith la • tory than in the judge.
-The Jodge: Ver7 well.kentlemen, then I tell you from
my experience that • man who has • very bad cam
generally gives • Jury the trouhle of coming to the Court,
bemuse he thinks he leas a bettor chance of inialemlant a
jury than he has of misleading • jadge.-Mr. Wesion
Gentlemen, it is the right of Souillahmen to he tried by •
jury, 111. so in the sailgi courts, and it warn an innova-
tion to have arm tried by • judge, therefore I preferred
a Jury, He urged that Read might ham been ent't.l to
remain up to 11 o'clock at night, after which Veried
would net have been entitled, to draw, and it was only
Varied's obitinacy that brael! the case before the jury.
He pointed out that bk. Veried actual y bought things at
hie own sale, and contended that £3 wa, a very long price
for • home and waggon from Bestnauster ; be had Charged
LI for damage caused by his own bad pecking: and ha
had no debt to chum for his expenses is coming up to
his own Gala -His Honour: He came up fir tie own
protection-Mr. Wesson: I sin mach obliged to his
H moor; how could it be for his owo pre ettion if they
were going to charge Mr. Newts..! He also reminded the
Jury that the plaintiff bad only maimed for eertain sum.,
therefore he could sot el din for consequential damage.. -
His Han or molls It oat h might hays claimed it if he
liked, and made the damages much higher.--Mr. C.
Newman was entwined a. to the natured( the agreement.
Plaintiff wished repairs deer, and wianesa p-ornis A tone,
Mr. D who end I not hr-in repairs till October, and
wrote to that effect and witoses forwarded ti•e tette P. Mr.
Varied at on,. Punditt and his wife Im'ore the 241%
came to hien, saying they had taken the bouse
too high, and wanted • reduction; witness could not agree
to that, hot said they could leave it, and he'd find soother
tenant, Veda I was asked after card, to allow Mr. Rail
• little time tog. t his things out. Afterwards, when be
had brought the thing. into the yarl, and mold not get
them in, witnemoilired him LS. hit he wantod £lO, sal Li.
vaiuer wanted LIS in addit•on off the flatmate. Is was
not veneer'. fault the stable hod not been put in repair;
but it bad since been ficiabert -In re- ix 'ruination witness
said they did not agree to do up the house betore plaintiA
went in; but said they expected it must be done after be
hail gone in.-Mr. Read, men., in examination sail be did
not understand he had to give ud peression on the 24 • h
but promised to give up shoot mid•lay on them irrow
(MLA He gave on his bedroom to Mn. Venni° 1-By the
Judge: Repairs were reqiiired, the stable was very bad.
His takings the% day might be £2 or £3 : but on an
obituary day 25a. to 30.. He gave up porerton on the
25 h, and went out • f artnlgh• or. week aft retards. II a
furniture was anti, and Mr. N •wtosn bad the money.
etayed On to acoommodem ll'. "roma. -Wes. ft ...I
spoke to Veriod's coming to take path s ion on lb. 24h,
when she said they could not give up that day, &tithe house
woe full of good. ; but they should bare it the next day or
the day a.ter. Four beds wee made for the Veriods, for
whom she gore up her own bedroom.-Mr. R. C. (Jettlin,
manager for Messrs. Newman, deemed to offering Varied
pmrtaien on the ItStb, when the latt ir rid be mutt see
Mr. Howard about three; be did not see IL. Hotbed, but
said be would by seven. Witness coal I not watt, but mw
him afterwards at Mr. Taylor's when an Lf Lr of AS was
renewed. Sir. Teethr said the house WU Se good as any
In Dorchester. Veried wanted £lO-Mr. Calk chief
clerk and soconnt oat for Meagre. DeVelliel and Co.,
Weymouth. for 30 years, was called to speak as to the
custom in letting b 00..,: but Mr. Tweed objected. He
said his tetwants did not give up at any particular time,
huts' any time of the day. Had known tenant. •ive up
at 111 o'clock at night. Conablered the offer of £.5 quite
sufficient ; he should not have mule such a liberal off or.-
Mr. Tweed said the case was really an undefended one;
it was admitted on all hands there was a breech of
covenant, and the coretion wee as te the damthea.
Marra Newman were in lot selling span old tenant and
pocketing all the money thenpielvea Mr. Veriod saw
III; and fooling the repair were not done, he saw he
must be careful, especially as there warn no covenant to
put the premiums in repair. Ile urged that tromes4 in in
int proper minas eras never given to Vriod ; the hour was
never vacated. Going through the item., be urged the
whole clam was • very reasontble one-The Judge mild
the only atioestion fee the jury was the amount of
damages. Sopposiag • person moved Ilia goods to take
pouresion of • farm, and when he bad g it tithe3lace be
a mid not obtain permeation-that weak be a elm' ar CAS^.
Leery item of the claim appeared to be perfectly fair and
remonabl., and he boned the jury would like a liberal
view of the cast -The liwy found for plaintiff, damages
LSI 5.. SL, allowing Li off the carriage of the gouda
DANA/3E6a° u Iloass-Joav Call -Williams (Richland
Newton) e. Draper (Piddiatrenthidtd, was a claim of
£1911.. for damages to • mare, in connivance of bar
being ridden by defendant's boy, with whom she bolted
Into a trap-Mr. LOVAS*" had to reCre from the jury, and
Mr. Regineld Lock IHniebtrin) was mane In his stead.-
Mr. Howard for plaintiff, Kr. Andrew. for defendant-
The Jade, asked if they would dispense with • Jury-On
Mr. Howard beginning, to open. the Judge asked him to
be short-Mr. Howard returned, he wanted to he as start
ai partible, all he wished was forth. juicy to give bine a
verdict, and let the ems be over at oath (A laugb.)-M is
Honour wished Mr. Howard's opening to be short, when
Mr. Howard answered that his HMOS/ put • profeesiocal
man into • very awkward position, and be maid not help
noticing hi. (the Judge's) retarks as to wishing keit
now, to dispense with • jury. If • client wished for
a Jury. it was not for • molessional man to deepen's with
one; the client must have • Jury. And (turning tithe
jury) Mr. Howard armoured them it was net hi. intention
to mislead them. He proceeded that Mr. Williams bed a
hackney horse, which be left at Mr. Sanewaya's, and an
intimation lISS sent t i defendant that it had to be shod.
Defection% sent up • boy for it, whom Mr. 8 untrayy
ordered to lead it, not to ride It; but the boy char
to ride it, whereon it pranced about It waa shoed,
aod in spite of citations, it was ridden back by
the boy, who woe put on the horse by defendants
managing man Ileuneell : the horse ran against a
tnap, and waa damaged. The claim was pet at under
SA including the @teepee.' if • veterinary surgeon -
Mr. Runways, of Piddietrentlaide, had taken charge of a
valuable hoese, belong to Mr. Williams-a real hunter,
which had won oteepleichases, and plaintiff valued it at
100 gaieties It was sent to Mr. Draper to be shod, and he
told Mr. Draper to send for it, and on April 34 Mr.
Draper's 'practice boy came for the hone, witness de-
livered her and told the boy not to rids it. The hone wee
very badly blemished, his eye being sank in his head.-
Thomas Gill, the apprentice who took the horse, said he
recede', 1 the horm from • boy Darnel Hicks ; but Mr.
g•epere,y,, even., he gave the halter Into the apprentice's
bends.-Mr. Sam-ape enattnued that the eys wee imper-
fect. and the mare gad, which ale never did before.-
Cross-examined She was tieing six, the proper age for •
hunter. She war offered for sale at Mr. Williemis sale,
and she was bought in at MO.-Thomas Hicks, • little
boy, mid be did not give the apprentice the horse; he bad
It out and saw the apprentice in the village get on her
bask, and told him be had better not; she was very
spirited, but the apprentice said it did net matter. She
went on at • trot, and broke into • gallop.-Croam
examined: The mere started off at the corner just Wore
Canal bridge.-Mr. North, veterinary anima, found the
home suffering from a punctured wound, the bone bring
damaged, and then was • visible blemish. She err
valued from £7O to £B3, and the damage wadi at least £l5
His bill was .L 2 1.. -Mr. doors* Williams bat first valued
the hone at £lOO, and each • blemish eatid seams, it
about LA He w rid rather have given no or c4O than
the accident should lave happened. She wart a melt-heed
mare, up to II atone, and very clever-Critmermaneined :
Re bought her for 40m, at rising three years old. She was
broken by • profertmal man. Before the accident she
teak a high-Jump prig.; but now eh. will not face rale so
Islet-Mr. Andrews urged the clans was for damage. to
a hackney mare: baker was kir as valuable for hackney
purposes after the accident as belora-Tted Draw was
'worn and crothexamlned : He said beret the boy for the
horse. Hie inetructithe from Mr. Sernmers, through •
little 10,
send bet with. Ha put on • pair of shoe*, and charged
were to send for the hobos, as he had no one to
sixtempence ; but it wan no part of his duty to fetch
these homes backwrid and forward. He veined the horse
at about .C 35. -The Judge said, as • matter of law, heyand
all doubt, the defendant was liable far the acts of hls ser-
vant, and the only question was about the amount of the
damages. The claim seemed to him very reasonable; of
mune a hunter with en lie damaged was f" 1."
valuable.-After • loos consultation, the jury found for
rtoff. dareszes .‘l5. and emote, the verdict being taken
ampant) by the Registrar, 0. Symonds, Eat. am His
moor wanted to oaten a train-