The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1870-08-09 00:00:00

owl. TO A

Commas V Rrv-gd—w; -an---ac-ii-o-11-i0 recover £7, the
value .1 • aeol-ok.n cloak, which had been given to
plaintiff by defendant'. sister, since deeeased.
Mr. Wei-ford appeared for Plaintiff, and Mr. F. T.
Johns, of Blandfor& for defendant.
Mr. Welatord said the action was brought by Marina
the Sue. -I me. nyves
agreed to give plaintiff for a isealakin jacket. He helloed
the def•lice would be that the locket did not belong to
plaintiff. There was • great deal in the cam wicli he
wished to keep out, and he would like to know whether
in the first place he had better call ploiutiff to swear to
the whin; of the jacket, or whether he had better
establish the gift by Mr. Hyves's sister?
Mr. Johns asked whether, as against his client, the
evidence of a conversation between deceased and plain-
tiff was admissible u evident*, the defendant not being
pruent.
The Judge decided that the evidence was admissible.
Mr. Johns said he did not dispute that at the time
this poor girl was dying, oh. might have said to plain-
" I will give you the jacket but it remained in the
possession of the esecutoraand the giving was a doxiatio
cased mortis.

Mr. Welsford said that it was • gift with • oendition
implied, and that coodalea was fulfilled. He would
also prove that Mr. Hires was told of the gift after-
wards.

Judge said that Mr. Welaford mast prove an
actual deliveranee of the article to plantiff.
Mr. Welsford said in the first place he denied the gift
was &Altai° fa mortis, and in the second be con-
tended that plaintiff had possesaion at the time of Alma
Ityves's death. Marina Cornick was a servant to Mrs.
ityves, widow of the late Admiral Ryves, about six Of
seven years. Plaintiff was a contidentiel servant to Miss
Byres, her daughter. Shortly after Mrs. Ityves's deeto,
the brother and sister Caine down and resided at Bank
huddling, Weymouth, the servant with Miss ityves.
She stayed nearly two years, and then went to West
Hill House. Wyke. After she went to West Hill, there
was a misunderstanding with Mr. 'tyres who was a
most eccentric character, (Miss Ryves was somewhat
similar) and the servant left. At the inducement of
Miss Ryves she went back again; bat on a second
occasion she had an unpleasantness with Mr. Ryves, in
consequence of which she again left. He (Mr. Welsford)
bad a number of letters, wLich showed that Miss
Ryes@ and plaintiff wrote to each other almost as
sisters, more than as mistress and servant. The latter
went into the employ of Mr. Voss at Bank House, to
go there and lodge, in order to have plaintiff to wait
upon her. Mr. Voss allowed plaintiff to wait upon Miss
Ryer* and the latter, who was then getting worse,
promised her the jacket if she would come again into
her employ. Mr. Voss kindly allowed her to do so, and
in consequence of that the jacket was given to her,
When it was given the room was very cold, the servant
wore it in the r.om, and it was left there at the time of
Miss Rywea's death, among other article, belonging to
plaintiff, who was with Miss Ryves, morning, noon, •nd
eight. The latter went off much sooner than was
expected by her, and when she dial she was clasping the
servant's hand. Her things were taken into her room,
and she was in possession of the cloak as much as she
was in possession of any of the articles that had belonged
to her before.

The Judge: You say Marina Cornick actually wore
this cloak in the pregame' of Ler mistress?
Mr. Welsford : Yes, and Miss Ryees used to wear her
shawls. The cloak was not given away in anticipation
of death, for after the gift she wrote to Bstb with
reference to lodging there, and she also told her brother
that she bad given the cloak to her servant 111 ,id.
Mitring Comic& substantiated Mr. Welaford's state-
ment.

Perrit, who keeps at Wyke, • lodging-house,
belonging to her husband, • gardener, mid she did net
generally go out minutia, but eh. was on friendly terms
with Miss Ityves, Led the latter sent for her to Beak
Buildings. Witness corroborated tkusplaiericl este the-
'tieing of the jaaket and said Mime Hyena said she could
aff.ird to buy herself another.
In answer to Mr. Johns, witneas said it was an
setae' giving away, and not only to wetw for the ti....
Mr. John. consented to • judgment for plaintiff.
'lb. Judge said Mr. Johns bad been quite tight to
mite the obj.-ction he bad. As plaintiff sued for the
velue of the jacket. and not for the jacicet itself, Mr.
Joinns admitted the value and promised to send •
cheque.

A TRICK TO AVOID PUIIISHMINT.

SiNIOR V. B•Cili was a judgment 6111:11101001 taken
out by Yr. Senior, builder, against defendant. who is
also • builder. The original debt we £29 16a. 81.,
and plalritiff had obtained • judgment for payment by
four instalment..
Mr. George appeared for plaintiff, and stated that
defendant had paid one instalment, and then told off all
his furniture, and omitted to pay the remainder.
Baker in answer to Mr. Georgo, said he had kept a
lodging-house in Lennox•street.
Q When did )Out sell your furniture?
A: I don't know, I forget.
"

. -
The Judge : Do yoa mean to say you don't know when
your furniture was sold?
Maker : Well, 'tires sometime in Jane.
Mr. George: You had • boastful of furniture, hadn't
you?
Baker : I don't know, I had enough for my use,
Mr. George: What aid it fetch?
Baker : I don't know.

ihts--Judge : What did you receive ?
Baker : I was not paid ovtr anything.
kr. George: I have suostuoned Mr. Anderson, your
Hooour, to show what the furniture fetched, but he is
not in town.

The Judge: Who got the money for your furniture?
Baker: It see plaid over to different parties.
The Judge: Do you mean to say that you never
received a farthing of the money for the furniture?
Baker: My daughter took it to pay off the root.
The Judge: Do you mean to stead there and tell me
you don't know bow much your furniture sold for.
Raker: It was somewhere about 1:60.
The Judge: What became of the money?
Raker: Well, my wife and daughter took It to pay
blUe; they had a few pounds left, and they are liviai on
that.

The Judge : Then you have means to pay.
Mr. Selma : Your Houour, he took the money ha
received from the Cooservative Land Society lir the
work I did for him, and kept it
The Judge, to defendaut : You mouth. titught that
person cannot ovule their honest creditors in the
you have attempted to do.
Hiker: Will your Honour toll me how I can pay
£7 94. 2,1. a month?
The Judge : Will you tell uie what you did with the
kW you slid your furniture for? I oiler your com-
mittal to prison for 28 days, becsuse you hove commotti•il
• fraud, but I suspend the warisiit for a fortnight. It
ice grow' baud, and an atte.opt to evade tlll u•ignwe.t
of the Couft, and wherever I dud that is dune, I sill
deal with it meanly.