The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1878-07-23 00:00:00

POOLL

LIG"' 0.0 Salad to kgrll that Kr. Hya.:.o.ter 81
Dickinson, son of the Town Clerk Olt. H. W.
has primed his tlnal examination as • eolidtor.
Prm "Su Tbalattar. —Before Hews. C. J. Bias,
W. D. Durdele, J. B. Dwell, end O. H. (lota-
Jam" Barblea • labourer, ems summoned by J•Mell
Amey, a mai meter, for uvrofane and chimes
language on the Quay the 0.• Tuesday- it vu
PrOval by the cow Bartlett, and John Cole
Mat defendant • use of very bad language for oliwarda__
0( 50 hour, and the Bench imposed a flaa '"u
18s. 64. costs, to be paid in a week.
Cheri... Martin, • builder, of Bournemouth, was sum.
monad by Mr. J. J. Norton, Umber nisichairn ofPoole,
for harm' committed wilful sad corm ary in en
affidavit sworn by him oe Me let of May ore Kr. A. K.
Witt, a Comodedoner to Administer Oaths in the Supreme
Court of Judicature—Mr. H. T. Trevenlon appeared to
mnsecute ; and Kr. R. Aldridge for the deism —lt ins
found that certain lettere necemerY to Prove lb* alas bad
been sent to the Clerk of Amiss for use at the trial of
defendant's partner a. simile, charge, and the Bench
adjourned the one for • fortnight, defendant Wog booed
in the sum of. CIO to
COUIII7 COURT. Iffon.r—Bef or. Judge Lefroy.
A Oothistos.— Jet fliteerd, shopkeeper, of Newtown v.
Benjonein Welt* teal merchant, of Perkstona claim
of Al la, for repairing the ironwork and putting new
shafts to • brick-out, damaged through the negligence of
defendant's servant—Mr. Reidnald Aldridge appeared for
defendant. —The plaintiff left his brick-cart by the side of
the road at the beck of the Pottery Hotel, sod the defen-
dant's servant who passed with • load of bricks, ran into
it and knocked off the shafte mid damaged the ironwork.
A witness proved that there vu plenty of room for
vehicles to peen and his 1.1011011/ gave a verdict for plaintiff
for the amount claimed. _

Tux ii;;;76NAirrut--; Bumsurr AND &rave Dom.
Thu How Greenby Berkeley, of Alderney Manor v. '
Wars, innkeeper, of Parkstate.—A claim of la,, for
damage done to the plaintiff's dowers and treat on the
18th of May by the defendant breaking and attiring his
private pleasure gronna.—Mr. 11. T. Therein= appeared
for plaintiff. Mr. T. Travers for decadent —A servant
girl la the employ of Mr. Berkeley stated that at the ISA
of May she met defendant break through
_bee meeksr's
rhododendna (eon, followed by • small black and whits
dog. She told him he had better keep out of the grounds,
and he said he should come in for hn dog. She went to
the gardener and told him to fetch the keeper. She saw
defendant take his dog out of a wire. Three pheasants
flew up when defendant entered the ground& There was
an ornamental pleasure ground there, and • thick belt of
rhododendrons had been preserved---Some very large
branches of the rhododendrons were broken off.—Oroes.
examined by Mr. Travers: She heard • pzr carriage in
the road, and also heard defendant wb She saw
defendant step over the bank, and go through the rhodo-
dendrons to the wire and release the dog, which was a
large black one. The dog hunted about on the lawn
before it got into the wire. and "put op " three Woe
pheasants.—By his Honour: The wire was • brass oat, with
• noose that would catch • dog by the neck.—The Hon. Q.
Berkeley said he was the occupier of Alderney Manor.
and he had for some time past cultivated a rhododendron
belt to make the pleasure ground private. He had a
number of all kinds of birds on his lawn, and wires were
eel there to prevent dogs from disturbing them, but none
of the wine were baited. The outer fence consisted of •
bent ditch and thorn hedge, and the belt of rhododendrons
was inside. The outer fence was trodden down where
defendant came over and the rhododendrons were damaged
where he forted his way Many dogs were
caught in the wires, and given then owners when
asked for. The wins would not hurt • dog at all. He
did not place tripe there because the dogs amid not be
hurt. It would take him • long time to restore the
rhododendron& In addiUon to the intrusion on his privacy
, he had snetained quite 10s. damage. The growers of the
rhododendrons were "splaahal."—Crom-examined by Mr.
Trance: He had protected his pleasure grounds as well as
he could with wins, not in any way to injure the dogs,
but simply to catch them. He had caught hundreds -of
dog, and had always given them up to their owners.—
Mi. Travers mid defendant wee acting in the capacity of
• servant at ths time, and he was simply carrying out his
mistress's cedars in fetching the dog out of the wire. He
submitted that the wrong party had been med.—Mr.
Trevanion said the plaintiff had a dual remedy and his
Honor ruled that the action would lie either Adana the
mistress or servant —Mr. Travers said it was merely an
act of humanity to release the dog. —Defendant was sworn,
, and said be was employed by Mae Dural to act a her
, arrant for the day. The lady was driving her own ponies
and carriage and it was her dog. The dog went out of
the road at Mr. Berkeley's and ran through the laurels
and was caught in the wire. The keeper was watching
the dog from the road, and he ran away instead of releas-
ing the animal. Mies Durell said she should have given
the keeper 6%1(4-sovereign to let the dog out, and told
him to go and release it He took the dog out of to. wire,
but did no damage. He called for the keeper, who came
and showed him out of the grounds through the coach
road. Mies Hurst] we waiting with the pony carnage at
the gate, and her &me was on the dog's collar.—His
Honor gave • verdict for plaintiff for the amount clamed
I and costa but said the lady certainly ought to repay the
defendant

..111;11uY ORD= STITIIII.—J. and O. Gel, wholesale
boot and shoe manufactures, of Poole. v. C. Hallman and
Soa, boot and shoemakers, of Blandford.—A claim of
.C 6 Ils. for roods supplied.—Defendanta admitted the
debt, paid lie. into Court, and said they sent the
remaining LI to plaintiffs per 1'.0.0. on 10. 10th of May,
Plaintiffs denied having received the order. —Mr. H. T.
Tr. Valliol2 appeared for plaintiffs : Mr. W H. Atkinson
for defeudants. —Mr. Street, parameter st Poole, produced
a P. 0.0. for LI, dated the 10th of May, drawn by 0.
Higanan and Son, Rlandford, and payable to John Goff,
Poole. He said this order was paid by his &aware on
the 11th of May, to a boy she supposed to be in the employ
of Messrs. Goa—Mims Street aid she remembered paying
the order produced, and she believed it was to • lad
She did not know the lad.—Croweranained : A boy had
cashed another of Mews Gaffe P. 0.0.5. but she did not
know whether it WM the same boy on each occasion. —Mr.
Highown, Jon., said he applied for an craw at the
Blandford Post-offlos on the 10th of May, payable to John
Goff. He enclosed the order in an envelope, which he
addressed to Messrs. J. and 0 Goff, 11/1 High-street. Poole,
and handed it to his cousin to ,pod..—lfies Louisa H
proved posting the letter to Messrs Gol. in which =
her cousin place the Po.o.—Mr. John Goff said be gave
no instructions for the p.ao.to be seat He never
received the letter, envelope, or order. His brother con-
, ducted the business 0( 10. ord branch. He usually
arrived at their place of business about nine o'clock in the
morning. Their foreman called at the house for the key
, and opened the shop and took charge of any letters until
be arrived.—Crowexamined : There wee no letter at the
' shop when he CaIZIO down on the morning of the Ilth of
Kay.—Yr. Jeffery, foreman to plaintiffs, said be opened
' the chop in the morning and took charge of any letters
till Mr. Jain Goff cams. On the morning of the 11th of
May no letter arrived —Mr. John Goff said he had only
received two P.0.0.'s this ye_ar, and one of those was
cashed by their errand boy —llr. George Goff said the
I first he heard of the order baying been sent was when be
received • letter from defendants on the 16th of May.
complaining that the recant bad not been (awarded.
I Richard Fer, plaintiff's errand boy, said the only order
he had cached was one for lls. froaa Bournemouth. —Mr.
Trevanlon submitted that defendants had failed to sub-
stantiate their plea of payment —I he Judge said he could
not say there was sufficient proof of payment name
evidence was produced to tlsfy bun that the letter
was delivered on Misers Gars premises—The postman
we sent for, but he could not remember whether
or not be delivered • latter at Mews Gore an
the morning of the 11th of May.—Mrs. Rieman was
called, but her evidence was very unimportant, and
his Honour said unless the debtor wee requested to send
the money by P. 0.0. it was sent at the risk of the debtor.
To make the creditor liable Ware most be evidence to
show that the letter reached its destination, and In his
opinion this was left in too meth ancertsiaty. —A verdict
was entered for plaintiffs, with the advocate's fee.
A CLIIIICAL ftLIIIVIV. —The Age Brant lildseard
Dellgia.V, vicar of Parkatons, v. Jake David Tailio—ccf
Portia:etc.—A claim of for m
Reginald Aldridge, who appeared or delenrarsilid the
case was adjourned from the last Court for the plaintiff's
conveniews, and he asked that it might now be farther ,
adjourned for the defendant's convenlenes, as he was not ,
ready with his witnesses —Mr. J. S. Barrett. Plaintirs
widow, sad the Mi. wan adjourned from the last Court
for the convenience: of both pestles and he opposed
another adjournment. as he had his Waren present at
great inconvenience —His Honour eaw no sufficient
for • further adjournment, and ref used to great
ftr..°Lailntra . Aldridge then gave up the rase, which was heard
In the defendant's &Wawa—The Rev. IL Z. Duman
stated that in October last he acquired by purchase a
phew of freehold land, width was thrown into the garden
of the house- —The Rev.J. Parr, the previous vicar,
was the veadok,and las produeed the tare latest title deeds.
The land was bounded on the sidle nearest the church by •
beds. of shrubs and mall tress which screensd the land
and made it • private garden. • considerable portion of
the wire hod been cut down, and the result was that
paesers-by on the road could me across the defendant's
his —Mr. H. R. Dugmore, the vicar's
CTerd on to ,
said he was told on the 11th of April that the
defendant was cutting down the hedge, and he went and
told him to Wrist, as We land belonged to the, view and
not to Mtn. Defendant abused him and proceeded with
the destruction, and he held his hook whilst a policeman
was fetched. The defendant desisted when the policeman
arrived, but he would make no promise not to offend
again. Some five or nit years' growth had beea dl4
—Mr. W. Penney said be was the 109.11011 Of tl:4=
family and the mortgagee of the property. He had the
custody of the title which he proinanl —Mr. H. T.
J. Barnes, eurveyor, odd he had been employed by plain-
tiff to measure the boundaries of his property_ and IN
pegged them out in accordance with the deeds. The
boundary came two or three feet beyond the hedge. He
had also measured defendant's NW and found that imbed
his dimensions without interfering with plaintiffs land.
Mr. Duauore's property wee now laid open to the view of
the public and the inmates of MOMS maim bobtail—llse
Judge gave a verdict for plaintiff for the &maws 'lamed
and costa.