The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1875-04-27 00:00:00

SYXONDSBURY.

George Wade Brown took it, both. had since died, and
he (Mr. Gundry) and Mr. Good having been appointed
executors, the property was offered for sale by auction,
and sulksuquently sold to Mr. Jazues Staples, the present
plaintiff. King and his wife were at die present time in
possebsion of the 'Property, and lie lied heard that the
defence to be set up was that Staples had intrehaa•-d the
property for the defendant, but this his client denied
altogether. At the auction the defendant King used
every inducement lw could to get Staples not to buy the
property, and even offered him a sum of :nosey to deter
hitn front so doing; and at the sale the trustees bought it
in, but it was subsequently sold to Staples.-Mr. Howard
said Mr. Day was engaged by the defendant to act for him
at the sale, but he was ill; Mr. Bradford (clerk to Mr.
Gundry) was acting for Mr. Gundry at that time, but he
had since left that gentletuan's office, and he (Mr. Howard)
thought it would be much better for the hearing to be
adjourned. There were several points which he should
not like to touch upon in a public court, and he thought
the case ought to he amicably arrangeil -His Honour,
however, thought the whole question turned upon
as to who was the purchaser, and the case proceeded.
- James Staples (plaintiff) said he attended a sale
of property at A%armouth. on the 11th day of
February last. Ile saw the defendant there, and
just before the sale had some conversation with him ;
defendant offered Mtn at first 10s. not to attend the sale
and bid against him, as he wanted to purchase the pro-
perty; after that defendant gave hint a sovereign, and
showed him into the stable, telling him not to he at the
auction. If defendent did not buy the property plaintiff
was to return the sovereign to him. He (defendant) did
not attend the sale, defendant did not Imy the property,
and the sovereign waa returnoi-Ilis honour: On what
grou ds 1 Plaintiff: In the saute yard -ffaughter)-
NVittl:ess continued: The sale took place at the Coach and
Horses Inn, at Charmouth. After the sale defendant
came out and asked him tor the sovereign, saying Ike
had not bought the property. The same evening, about
an hour after he gut home, lie again saw the defendant,
who came to him. anti offered hit,, Al. £2, and then said
be would give him £5, if Ile would be off his contract.
After the sale he (witness) had bought the property by pri-
vate agreement, and the defendant wanted him to give up
his claim to it. He told him he had bought the property and
he intended to keep it. Defendant sd. "You shall have
my head, neck, and shoulders, before you go there to live,"
he also said " It shall never do you any good." His
(witness's) father, mother, and brother were present at
the time defendant made these statements. Inc contract
produced was the one he signed, and his name at the
bottom aas it, his handwriting. The agreement was signed
the next morning at ten o'clock, when he paid the usual
deposit. He did not buy as a trustee for defendant, nor
had he at any time asked him to do so, in fact, he had
never heard anything at all about such an arrangement
as they said existed till about a fortnight ago. Defendant
on one occasion said "You hate ,lone a tine thing in
buying the property from me." Defendant never said at
his father's house that he (witness) bad bought the
Rropertv as his trustee.-Cross-examined by Mr. Howard:
e lived at Fishponds Bolton., he was convicted of stealing
a tree at Maw church in the month of November or
December last; he was fined 124. fil, as the gentleman to
whom the tree belonged did not wish to prosecute, so he
war let off with a fine. The tree he took had been blown
down by the wind, it was a thing they were in the habit of
doing at Ilawkchurch ; he had never been had before the
magistrates previously. It was about two o'clock an the
day that he took away the tree; which be dra,med home
by a horse which he had on the hill at the time; he never
denied having taken the tree at any time. The defendant
lived about a quarter of a mile front his (witness's) house.
Had never talked to defendant about the property till the
day of the sale, when the first conversation took place at
the Ceseh and Horses Inn at about quarter to four o'clock
in the afternoon. He knew a man named Gaius Powell
and met him and defendant at Ilawkchurch about ten
o'clock on the morning of the sale. Defendant did not
' then ray to hint "I hear you are going to bid for my
1
property •' " he Asked him (witness) if he was going to the
sale, and he said he did not know; no other conversation
' took place at the time. He did not say to defendant at
that time, " I am not., but if you want any money to
• buy the property I can lend you some. Defendant
• did not my to him, "Very well, I shall see
you again. Ile (witness) had not been in the auction
room when he first saw defendant at the inn ; he came to
him in the yard, and Gaius Powell and Mrs. Powell were
both with defendant at the time; • little boy named
Walter Powell was with him (witness). It was then
defendant said "If you don't go. to the auction, I'll give
you ten shillings." He replied- ' No, sir, I see there is a
chance for me to buy, and it is a public auction." Nothing
further was then mid, and he did not see where defendant
went. Mr. and Mrs. Powell stopped there till the defen-
dant returned, when he said " 111-give you a sovereign not
to be at the suction." He consented to take the sovereign
and stop away, and defendant then said "If I don't buy
the property, you must give toe the sovereign back again ;"
he it not say "I'll give you a sovereign if you'll buy the
property for me :" he did not promise to convey the pne
pert' to defendant, nor did the defendant ask him to .lo
so; he did not with defendant that he should stop
away from the sale, •
sut that he would afterwards buy the
property by private contract for defendant. He returned
the sovereign to defendant the same afternoon about
quarter•past four; he would not be certain, however, to
five minutes. He had not seen Mr. Bradford (clerk to Mr.
Gundry) previous to the auction; be did not know hint
till after the sale; he had returned the sovereign to defen-
dant at the time he saw Mr. Bradford after the sale, be
saw Mr. Bradford alone, but he did not then sign any con-
ditions nor ply any deposit, as Mr. Bradford said there
was no ne. of it that evening. He left the Coach and
Homes Inn that evening about six o'clock, and AIM the
defendant and Mr. Day there about that time. The defen•
dant had threatened his life-His Honour said the plain-
tiff had clearly shown that he had purchased the property,
and that such had been legally and properly sold to him
by the trustees. If there had been a promise to buy the
property for defendant, that question lay between the
plaintiff and the defendant, and would atnount to a case of
equity, for an alleged breach of promise. -Mr. Howard
said that point at once presented itself to into on his being
made acquainted wilt the facts of the case. -t 'rasa-covet-
nation continued: When defendant threatened his life it
wee alekut the property; defendant called hitu all the
names he could, and threkktetked what he would do for /
hint, but did not say "You have lought the property for
nie. He did not offer defendant the sovereign in Char- lkir()NEY TO LEND—HENRY V. BITER
month street; defenklaut came and asked for it; this was i ..1.1.1L can be seen daily between ten and four, Sane., in the yard, and not in the street; Mrs. Powell and IP:kills i days
Powell were present at the time. Defendant did not refits.) - ten and one, at 19, London-bridgo Station-
to take the sovereign, saying he had bought the property i
' The 'returned to the klefenklant '
for him. e sovereign was a/kirsch, London, directly opposite the booking offices
at amdon-bridge Railway Statist. I Soh lent privately
h Ith t • PI& tiff I te 1
,er,,., , in Town or Country from I'Llt to E.lllO on the borrower s
Mrs. Powell (his mother-in-law), and Gains Powell this ' Farm Stock, Iniplements, Cnms, Furniture without
thbeeforestahtee renrCt a'trit tuevProulif'drcle;thAutlAn wane:m.7s were ; note of hand alone, or on deeds, leases, life policies,
(.eother-in-law) ;he did not know if His Honour would removal, trade stock, plant, B.:c. Interest LA per Cent,
like to take their evidence.-Mr. Howard: certainly. their repaymente can 1., arranged to snit the bornkwer's con.
word is to be taken before that of aconvicted thief.- -His
Honour said he could not see what Mr. Howard's object • delay. N
venienos. No Life Insurance, no office fees, and no
was ; even if he provedall he attempted it would not *Hoot • y. o sureties necessary. Interest sailed to
the present case-Mr. Howard said he saw at the advance.-Apply p!reonallv. or by letter,
outset that it wan an equity case, and had toll his k Suite uil Ire- •HE
1
I 46 • 'NM: W. 11,7 n, 19, London-bridge
client so.-His Honour observed that it seemed to I . be Ststion-opproach. London, directly tegswite the book.
defendant had possession of the property, awl was very 1 ng offices at London-bridge Railway Station.
unwilling to give it up-Mr.
re Howard said his instructions 1 •
get at the value of the property, but could not do so: and 1 MONEY TO BE LENT, in Town or
that the summing after the sale Mrs. Powell went to Mr. 1 Country, to Gentlemen, Farmers, Tradesmen,
Gundry's office, and paid down .00, ass
the purchase-Mr. Chi ,
Prelll3lß4rY 14 . or others, from Fifty (*minds and upwards, mein ndry said he did not care whether
i they treated it as • MAO a m equity or common law, he wasmmoral securities. Interest 5 per cent, per annum,
quite prepared to light it out, It was true the A3O had been iron, one to *even years. Ni commission or charge*
paid to him as stated by Mr. Howard ; but he had received made. Also sums from 11,000 on mortgage, at A per
that sum under certain conditions, and on the return of cent, on freehold or leasehold property, for any term
his clerk from Channouth, he was told the property was not exceeding twenty one years. -Apply to Mr.
sold to Mr. Staples, and the no was at once returned to • Hexer HOWARD, Civil Engineer and Surveyor (late
Mrs. Powell, in accordance with the agreeement under Girdleetoue and Barclay), 11, Euston-equare, Lm• don.
which it was received-Mr. Howard said it was quite true .
the money had been returned, as stated next morning. '
His Honour said he really could not have the time of the I
Court occupied any longer' he could not render any FORTHCOMING SALES BY AUCTION.
assistance in the settlement of the present proceedings.- WitIiNPADAY, APRIL 28.
Mr. Howard asked for an adjournment for a month, but 1 Dorc.hester Market-Salo by Mr. T. S. Morgan.
His Honour said he should make an order of ejectment Blandford Repository Sale, by Mr. Brum%
forthwith, with casts. Mr. Howard could take what fur-
1.
ther steps he chose-Mr. Gundry said the defendant had SATURDAY May
done the property all the damage he possibly could. Ile Mr. Ensor's Repository Sale, licirchester,
was cutting the place to pieces, and pulling the walls TYlgl=l3lor 11 4'
S
Mr ymonde.
down, and he must therefore oppose any time being Maiden Newton Fair-
allowed, as asked for by Mr. Howard, unless the defendant WZDNESDAV, MAY 5.
would leave a deposit with the Registrar to cover any Dorchester Market -Sale by Mr. T. S. Morgan.
,aulage which might be done, lie wished to protect the SATURDAY, May 14.
interests of his client, who had purchased the property Mr. Razor's Horse Reliository Sale, Dorchester.
and which consisted of a klwellinghouse, outbuildings, and ..., FRIDAT. MAT 11.
two or three acres of land. -Ilis Hononr said he would ".°
grants fortnight for defendant to give Ili. possession, •
t Horn Rams of Mr. H. Mayo, C...irer's Fronte, Hr.
Wool Fair-Sale by Mr. Ellsor.
SATURDAY, MAT 15.
provided he deposited .e2O with the Regtstre.r. by Dr**
T. ('ox, Hyde, and the late Mr. Watts, Frampton, at Mr.
Nlooday next -The defendant did nut seem denoted
to do this, and he was therefore orderol to leave the pm- Eames Repository Sale, Dorchester,
miles in seven days, Mr. I;undry saying he should prose- SATURDAY May 12.
cute defendant for any damage which might be done.- ' Special sale of Hunters, at Ilan-heater Horse Repository,
Mr. Oundry applied for the costs of three witnesses, who by Mr. Eimer.
had come from Hawkchareh, but Mr. !toward objected, SATIAIDAY,___MAT 2t.
saying he considered the witnesaes were unnecessary 'hut Dorset Horn Items. of Mr. W. H. Hull, Drum, at Mr.
His Honour overruled, and allowed the costs, remarking Enser's Repotitory, Dorchester.
that the defence seemed to he that the property was Special ;sale of Hunters at Mr. Ensor's Home Repository
bought by plaintiff for defendant, and therefore it seemed DOM/aut.'.
to him that the witnemes brought by plaintiff were mall/ Ttimulnsr, Jun' I.
necessary. Watemombe Improved Hampshire Down Ram letting
AIA.STRR AND SERVANT. and sale, at Watervonthe, by. Mr. Einar.
John Seca/Old v. Molnar Norman, brewer, ske, Manger.
tin Mills.--Claim El, for four weeks' wagel
-
e-Mr. Howard
for plaintiff; Mr. Gundry for defendant.-Plaintitf said he BIRTHS.
had agreed with Mr. Norman, for twelve months as k
brewer, at El a week. Ho was in Mr. Norman's employ Aerate, at Knighton, %lariat, the wile of Mr W. H. Stark,
till the 19th ot February last, but the time was not up till
the lith of ApriL On the llith of February defendant e April 11, at Knighton, Winfrith, the wits of Mr R. Weller, of
towhee, he was at work in the mill, and asked if he was a 9w„,.4-
A 114 at the East Railway Station, Bournemouth, the wife
going to finish up the work he was doing that evening ~,r- • • of r Leach of s daughter.
He was he rolling at the time, raid replied " Yes, sir, • -, red 19 at Presto,,, the wife of llr 1006 Sargent, 01 a son.
I hope I shall." On tho Sloway morning following h A- * • *
e April SO at Limey, the wife of Mr John Peestley, of a
went on to work at the, Mills, as usual, just after breskr A '
al daughter.
time. Mr. Norman was there, but said nothing about Apra 20, at Yonlington, the vote of Mr H. True, mill son.
el II li s. Malabar, of • -on.
r.ekoning up, as was his usual custom, but afterwards, on swell 20, at 2, Napier-terrace, Dorchester, the wife of Mr
his return from Bearninster, said he should not employ Guy. of • an. him (plaintiff) any inure, as he had told Mr. Collins, • April as, at King-eletset, Fordingtoo, the wile of Mr. G.
farmer, that the water could be stopped back at the j mbley, of a daughter.
hatches Lit was the wrong time of the year to be sh, rt of April 24, at Salisbury House, FeMington the wife
water. That was the reason he gave for his Acing dis- t Allardyce, CI-, of a sem - - ' of
Mr'
VI.
charged This was between five an. MA o'clock in the
afternoon of Monday. and Le onsught the present action MABItIaOE-S.
to recover kr.' I, to„,ess due up to the 6th of April. Ile was April 10, at Toiler loroorum, by the Rev Y. W. Jason,, ID
i...t. ot work a week, when Mr. Day said he might take Levi Samtmyr, .4 Higher Kinconthe, to Cecily Ann Roberts, ol another place if he could get it, and he •lid various 'ohs IlAnZletuY.
during the next threeimonths, earning .0 Ills. altogetkor. April 11. at Alliarton Church, by the Rev. E. W. May, Mr
• -Cross-examined by Mr. Gun•lry : The ..,etract was Joseph Hodder to Maria, daughter of Mr Joseph Brown, both ' made in April-not on the 21st a March, they talked rsi BrkiPwrt
about the agreemect then, out it was not to begin till the t Apsil 13, at Chemin/ger, by Metter. W. L. Barnes, Itheebeth mi. of Apt il.- Mr. Gundry said the contract so called was Hawker, second daughter of Mr George Hawker, Whiteombe,
no contract at all, as the plaintiff admitted that they had e°43.4.84 Kingeb""' IP"lh'n' London.
April 114, at Christ's church, Melcombe
agreed on the 21st March that the contract should beiffn •
in.stead of Al.-Cross examination .c.ntemod : His master Bi°°ll,,neDity
April It, at St Mary's church, Weymouth, by the Rev. T. A.
Regis. by the Rev H.
on the tith April; any agreement of the kind for more ar,t;l=',. altry,.l4 j Bridle, of Weymouth, to Martha, eldest
d,. 111=n Jacob Ilesketh Kingman, to Martha
hadttohaumnakaotetweothellie:leilActililt,lhilforiangll'ithe.eeg!e7ifltenesOtifbthaf'weardatiminamed'hikeh-wt"lasli --....ip-ri-1 -17-, at
W.
Deneetle'rnias. oul'clithwur.elhiam, Parket°, laarP:b:t'hueericaLev C.
in his employ ; only. at, oue time when some hemp was not Gnott Mr Frederick Whitniareh to Marian Amelia,
•ttotitL'llle f 'Pry thmoerePYMmillc"CoMminpanCll34ltaank taken whichawa Rev. W. Harper, Aquila, son of Mr. John 'DU" of4Sbiett
daughter Of MX Stat/..rti, ParkstMke,. me
Yetmpet
was sent back and had to be rolled again; he did not April 17, at St. Silas' Mutt+, crurteth I' •
their work in consequence. He had never spoilt a lot of bury, to I.olUe, third daughter of Mr /I Re I.
, i 1..
knowtduperlthy
the
malt and barley, and got into, a 106 SA about the lister ; had lre. of Birkenhead. enrr
'dal-
-.Mk'.
heard no complaint about his spoiling CA worth of beer, A'pril 20, at ,hilllngstone Church, by the Bev E. A. layman,
WO WO gallon% being returned, the customers saying Mr It Jeffery, to Miss L Bound, et tillillllngstone
they could not drink it. Ile did not remember being April 220.1. St. Junes' Church, Pi 1 . '
eca, illy , by the Itoht Rev.
discharged on the oth of November, but he had the paper the Lord 131 shop of London, &misted by the Rev Cecil
and could refer to it -Mr. Howani objected, saying Ander.., rector of Holdenby, d tha Rev B
an . J. E Keene,
although it appeared the plaintiff was then discharged, chaplain in ordinary to the Queen and Rector of SA Jantait,
yet he went hack to work again in the mills, at the mune Lieutenant &heard Ponemby, R N ,to Blanche 'ere, youngest
wages as be had before, and that on the last occasion he daughter of the late Sir John Guest, kart
was discharged, it was not for having spoiled the hemp,
but for having told about the water. -Ite-examined by DEATHS.
Mr. Howard: He bad been in Mr. Rouning's enzPloY ten April 3, at Milton Abbas, Unity, the buoyed wile el M'
Ir or eleven years, and Mrs. Rouning was present to give CHM, Grocery, aged 64 years. -*
him a good character. He on one occasion asked Mr. April 7, M 111, Stockwell Park road Brixton,
, Norman what he had been saying about him; he only James.
amen %ilium Judah:an. NMI ' year oniy son of J '" ' Surrey,
erna:
-
. laughed in reply, and he (witness) then told Man "he was 10 months,
no master, see what he had said about other men." The April 13, 41: IttAkttli, Alsbotsbury, Eine Kate. infant
consequencewas that • note was given hitu by Mrs. daughtez et Gorge and Ann Hayward, aged b months and 1
Norman the next morning, stating that he would hot Is sleek.
wanted again; he, however, went on. to work again the ' Aprll 16, at Langton Herring, Albert Edward, infant son of
game day, and his wages wale someoueutly paid to Charles and Hannah Mortar's, aged! )eare and 0 months.
Lint :,.. Laual. - IMMY Menden said he was in Mr. April 17, at Whitchurch Otwittio.runi at the residence other
Forman's melee 'four oc fivo week,, ago when plaintiff son-in-law, Mr R. Rune., Rebecca, widow of the 'ate Mr
was engaged there He was nut present when plaintiff Samuel Barnes, late .4 Vet, Farm. sYn.`"ibur V, al" 84
was ...yard," Litt Mr. Norman told hit,, he had been Yeart turned off because "he °prime his mouth so wide about April to, at Child (*Mord, Mrs 1100 U, rebct of the amt Mu
the water to Mr. Collins. -Mr. Gundry said his answer William Meek. of Belchalwen was that the plaintiff had so misconducted himself that . April Is. at Lhillingstemk, Mke Bksekes, aged 35 31162,
his client was bound to discharge him, and be called the w AMU ls, at Weymouth, II; Pinkenskn, stationmaster, Great
defendant, who said he was a brewer and flax dresser, at : 4"^' 11411"4. 1'11111°6') of s
V"°'ll
end
'''di.b"Y'
Mangerton Mills; there was not a word of truth in what
...,I r. hit at the Swan Inn, Prestos, Fanny, the beloved wife
plaintiff had statesl about the water; Le two lot the work. "1' r34'. SPlncer Wed *4',
of the PM Yore Mill ConipmY, wcrdi about X 1 so 09 a year wit.
I le, at southatreet, Bridport, Mary, daughter of Mr
lon,, tinhuoh the lsult of plainttlf ; and en the 11th of (3'4l' ard 6 '''''rdhsl
Peoeembet be -had discharged plaintiff for rproub, Au APril 93, at .yinore Bradpole, Margaret Martin, aged 19
gallons of beer, all of which turned sour before it war -' 3' °"`
out. plaintiff subsequently untie Lack, and went on t
, April 21, at Maiden Newton, Ann, wde MMr Joeeph Bishop,
" tutt" work, for which he was paid 2e, a tdiy, lie ~a• fanner, lgeti 70,
told by Mr. huttiU, of the Pymore Mill ' - -1" April Cl, at Shlllltiptotie. His, Jane Shorey. aged 68 years.
send for any Inure work while plaintiff Company
employ,, hot to April 73, at lindpurt, E.lnArd Ilunit Wbethato, ni;nl 6
him, and that was the reason he had dischanted ;11.4 month':
His Honour said it seemed ti him that plaintiff havil- .I'''''''l"' ._ _
'
failed at work which he had been accustome,l t ,3
which h. had hese brought up at, was put at w °. 'n'i Printed and Published at 8. High-•-tmet West, Dorehostew work which by ALVIIXO 14.21:196, in, ties parish of Holy Minna; fo:1
he did not at all understand, and he should there(
Make an order for a week's wagesto be p. 14 hint. ore M 1,140 Co-Proprietor. •
Wiesaday, April V. IIZa.

GRATIFTING.—Aftor the examination of the"ehildren
'arntteUrSnddil27, t
the he Srahpo'vrts. which
which
int Very
took
vitelacson
gratifying to fin' friends of the nehool, a. W4:11 OS to the
parents of clvilars nuil the children themselves, was
written on Mr. Kennett's certificate by the Rev. W.
Trecarthen. her Majesty's Imp •ctor His school is in
admirable order, and due attention is given to the Metier.
Lion of all the (name.. He is a very ;ass! schoolmaster.'
We must congratulate Mr. Kennett on such a satisfactory
testimonial as to his labour and fatalities. and we feel CO.I.
vinced all who know him will fully coincide with the
opinions expressed by the In.ipectar.

JOI;17