The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1866-11-20 00:00:00

ND AGRICULTURAL GAZETTE, TUESDAY, NOVEMBER 20, 1866.

having being read, wen then handed to his Honour.]
Plaintiff mat for Mr. Blake, veterinary surgeon of
W imbued, who examieed the horse, and in corequence
of what passed between theui, plaintiff had the horse
advertised and sold at Blandferd market. Mr. Waiter
sold it. Plaintiff wax hot present. It was sold for
12 fain..l- —Cruse-ermined by Mr. Watts: The deal
took place where we first met in the fair field. Kr.
Williams was present. Defendant did not say "Well
Mr. House, we will cry 'stinking fish.'" He did not
way he would only warrant the hone good In harness.
When the cheque was drawn, them was nothing said
about a writtrn warrant. His eon (maths one present
at the deal) bought the horn at the art-ion. Theresa=
why he did not ask for a written warrant was because
Willneos ins present at the deaL —Mr. Samuel
Wood House, solicitor, easel the plaintiff corroborated
his father's statement as to the conversation which
red het"wn the Plaintiff and defendant at the deal.
father valued his mare at 12S. Luton wanted at
first ato boot, but agreed to take CS. When in the
tent, when plaintiff spin baked if there was anything
beside "string-hold" the matter with the horse
and defendant said "No," he added "If there.
is anything more yo n nnnt se, know shoat the
horse writs to Mr. Hardy of the Abbey farm.
The next morning the hone wee run on the gravel
in front of the bore. Witness observed it WIN lame.
He then had the horse put in harness and drove It three
or four miles on the turnpike road ; the farther he
went the more lame it berme. On the 6th October
he wrote to Mr. Blake, who came on the morning of
the Bth, and in ermine.° of what he rid, witness
pre Mr. Bomar orders to sell She horse. Notice of
sale was duly advertised ; Mr. Learn wu present at
the sale. The horse fetched twelve guineas. His
father's man was valued at DV, and lie paid in addition I
ES, making altogether £2B. The expenses. had ben:
Veterinary surgeon's certificate, CI Is.; expenses of
sale and advertising, El ; keep DU time of sale, £2 ha.;
total, £4 16s.—The dairyman, Vines, VAS than
examined. He corroborated his master's statement as
to the Pride agreed noon, and added that he took the
horse home. Sometimes walking and sometimes jog.
trot. Luton said he warranted the horse sound, and
quiet in henna. He galled Mr. Williams as witness'
and master said " • very good witness ton." Luaton
never said he would not warrant the hone sound.—
Mr. Joseph Williams, !anger, Byanstoia, Blandford,
rid he was at Shroton fair, and wee present at the
deal. The defendant warranted the horse wound and
I quiet In harness. He saw Mr. Luxton on Wednesday
last, bet scald not say what passed then.—Mr.
Bike, veterinary summon, residing at Wimbore, said
that on the Bth Oct. he went to the defendant's farm
at Anderson, and examined a roan hone. The bores
rested on its fore legs emir at • time. Hs had
It tried on the gravid, and found it was lame in both
fore legs, and it was also " string-hold " in both its hind
legs; the of one the most. On examining the fore legs
he found it had splints on both, interfering very muck
with the action of the tendon. He then tried the horse
in a four-wheel. and drove it about half-a-mile ; it got
rather worse. The horse was wound from lameness
rased by splints in its/bre This was the evidence
on behalf of the plaintiff.—Mr. Walls said that they
did not question in the least sato the rice agreed upon,
their simple answer to the ease was that the deal was
eatirely without a warrant, and he had three or fora
witness.s to prove that no further warranty Wag given
than that the horse was good in harness.—Mr. Watts
also called particular attention to the promptitude his
client had shown in replying to the plaintiff's letter
complaining of the horse, and his consistency in the
traratition throughout.—The defendant having been
sworn, said that when he au. Mu horse plaintiff asked
him what he wanted for it. He said 30 guineas, and
when he asked him if he would warrant it, he said he
should not warrant it anything but good in hawse and
six years old. Plaintiff asked him how he knew the
hone was good in harness, and be replied it had been
in the village two years. Plaintiff then said he must
have a chop. When he bought his mare he said, "This
is as Pod as yours, is it not" Defendant replied, "Not
quite." Plaintiff than rid if yon will warrant your
horse good in harness then I will give you ES to boot;
William Coombs took out the horse the first time, and
he (defendant) the other twice. William Coombs,
Jaws Sweet, and Henry Need, were present when
the deal was made. Mr. Williams walked down, hut
I he was at • distance, and that was after the deal was
made. He said the same at the booth, that the horse
was good in herrn and 6 years old, and gave plaintiff
the address of the person he had the horse of. Henry
Needs, James Street, and William Coombs were then
I called. They each told the some tale—that they heard
the defendant say he would warrant the horse for
harness and nothing else, bat though within only •
couple of yards they did not bear the pries named.
His Honour, in summing up, expressed his regret that
In a case of warrenty, end especially where the evidence
for the plaintiff and that for the defendant was so
contradictory, • Jury had not been summoned. He
then remarked on the sameness of the evidence given
by each of the defendant's witnesses, and oommented
on the improbability of their hearing only • part of
what was said. He then commented on the credibi-
lity of the parties, and said he weld not but give the
profaner to theft of the plaintiff, who was he con-
sidered fully cetitled to his claim, with the excep-
tion of 10a he charged for keep.—Verdiot for this
plaintiff for £l9 14s. to be paid forthwith.
Joseph Strange v. Jonathan Paddoek.—This was an
action to recover possession of a oottage, for which
defendant had agreed to pay a rental of CI per year, but
Failing bad fiend an agreement to give up poseession.
—Mr. Adduces, who appeared for the defendant, stated
that no notice to quit bad been served on his client,
and the application was accordingly dismissed.

JoDolour Stnkitoxsze.—Phlooos Cook v. Jere
Easter.-14 days' Dorchester gaol.— J. J. Bennett v.
James Foresta.-14 days imprisonmeat.—G. Freke,
v. James Wel1&-14 days' impritonmest.

Mr. Morrison came forward. He thanked the audience
for their kind reception of him, and stated that ha was
labouring under great diaadvantages, having no other
moon with hint, and having jut come 70 miles there to
obliges Mood, he therefore begged to be excused, and
retired. Mr. Collins now came forward again, and was
received with great applause. He rented OM of Barnes'
poems In the D 01•11. dialect (in which he so much excel)
The Bachelor," and being loudly enured gave another
"Riddles." much to the ratification and iunusement of
thou present. Mr. Williams then sang the comic
song "Oh nip love's dead whom I adore and beteg
enamed sang the popular "Ke-localemm," the chorus
of which, at his call, was given with great gusto by the
audience in the body el the ball. The iineliarforreanes
se was a laughable Imitation of the Chine I Chang,
by two gentlemen, Menu. H. K. Hoonsel and Loggia, ,
who together made • glut of formidable stature. On ,
Mr. Loggia was laid the burden of the representation, I
for he had to support Mr. &tinsel' upon his shoulders.
Mr. Hammel' "did" the giant with great mateka/autee,
and his get up wane perfect realisation of the pictures
of Chinese which we hut all been familiar with from
our youthful days, and the emu was Jude by suspend-
ing • China* lantern over heed. Of tonne, the
to pull which on • Chinaman is equivaleut to
tweaking an Englishman's noes, was • greet feature ;
on his bud he wore • Chinese bat, with one band be
used • fan, and with the otter held • "calartial" um-
brella over his head, while from his thoulders hung a
long robe, which teethed the boor below. The giant
was accompanied by • Chinese dwasf, which Mr. Edward
Gondry by some earfuls contrivanee wata made to repre-
sent admirably. Mr. W. H. Manley acted as interpreter
to the giant, but for the correetness of hls theaslations
we cannot ,ouch, not being " up" Is Chinese. Luckily
for the dwarf, he was supposed to have had his tongue
not out—probably for doing MON of the wicked tbinu
the dwarf, of • aortae due of maula always do—and
therefore hip impenonator was awed the trouble
of learning Chinon.) for this cieeesion. Ching
Hang was the interesting name of the giant,
and Mambo Jam that of his diminutive coin.
patriot If Mr. Manley interpreted faithfully--and
we eannot doubt it fur • moment—the glut is • droll
fellow, and he amused the audience right well. After
this performance the large assembly gradually diapered
We should not omit to mention that Mr. Slone, jeer.,
efficiently planed the aecomunimenta to the various
soup daring the evening.

for an offence against the Nuisances' Removal Act, in
neglecting to lime-wash and repair a cottage, helmet/ad
to the parish. The rents of the parish propertY at
Winters/ow are, it appears, collected ly &committee for
division amongst the poor and it war stated that their
object was to get rid of the tenant of the =ln
question—a man named Shears. Mr. Sava ws
snid the're were only two rooms, 11 feet b 79. on the
ground door, in one of which Shears •id his wife, their
on, two daughters 15 or 16 'eon of age, and sometimes
other ;anions were in the habit ofsleepseg.—The Bona
ordered the cottage to be immediately clomet—lllary
Ann }Wine was summoned for asiatilliag Matilda
Truckle, at Amesbury, but the assinit appeared to have
been provoked, and the ease was therefore dismissed.
—Marl.= Burgess, of Amesbury, we. [I rdered to
be imp for @even days, for being drunk and
disorderly, and assaulting the police.
COURT Or BANIEUTTCY, LONDON.—(Before Mr.
Sergeant Goulborn, Conunissioner, November 9th.— Br
Wheeler.—This was on adjourned examination sitting,
and application for order of discharge, under tb• bank-
ruptcy of Frederick Leach Wheeler. of Salisbury. Wilts,
draper, whose creditors chiefly reside at Bristol, Rom.
Kr, Br:etbaropton, sod Salisbury, kg. Mr. Bagley (in-
structed by Mears. Treberne, Whites, and Renard,
agents for Masers. Press andleakip, solicitors, Bristol,)
appeared as conned to oppose oe behalf of the trade
assignee. Mr. William Mitts Baker, of Bristol, ware-
houseman. The statement of accounts filed by the
bankrupt was thus summed up, vis.:—Dr.--To creditors
unsecured, £1,035 19a. 104.; ditto to be paid in fall,
£4 3a. 3d. ; kW, £1,040 Is. LL—Cr. —By debtors,
£913.. 44.; probertygiven unto my wieners 09135-10 d. ;
deficiency, £999 9s. lid.; total, £l,OlO 31. 1(1.
The bankrupt etated that his expenditure had been
E3OO for the year nest immediately preceding his
hankneptey, and £350 for the previous year. The
adjudication of bankruptcy took plane so far bask as the
23rd of January, and there hes 110491 several adjourn.
meets, the bankrupt barite In the interval filed the
following additional momenta, vis.:—Statement of
affeirs. 94th July. 1865. De.—To sundry creditors,
£1,536 Is 84. Cr.—By estimated value of stock-in-
trade. £590; cash at bankers, £lB ISa. Id.; book debts,
101. 44.; shop fixture*, £43; household furniture
£7O; deficiency, £306 151. 3d.; total, £1,536 Is.
The goods' amount filed by the bankrupt
shows total pinchers £836 la 10d., and sales
£555 9.. 103., leaving a balance tom of 1279 12s.
The deficiency 'mount is thus summed up, via
Dr. -To deficiency as per statement of 11000g1011,
£999 9s. lb s ; Balance of debts realised upon payment
of • composition of 8.. in the £, £963 Os. 84: ; Dross
profit on trading, £391.. U.—Total, £1,401 lls. 104.
Cr--By deficiency, 20th day of July, 1866,
£BO5 16s. 3d. ; losses on trading, 4.279 12s. ; furniture,
£4l fta. 64.; fixtures, £4.3; trade expenses, £3l 3..;
salary and wages, £24 Is. • rent, rate.. and taxes,
C 26 9a 6d. ; domestic and personal expenem, CBl ld.•
legal expenses, C 62 sd..—TotaL E1.,400 14s. 94.'
The bailment came up before Mr. Commissioner
Helroyd on the 2nd of August last, and the learned
commissioner decided that the case be referred to Mr.
Commissioner Goulburn, to whose court it belonged.
Mr. Barley said he appeared for the assignees to oppose
the bankrupt, and his friend Mr. Reed was oath, other
side, but was engaged before the Lords Justices. His
Bosour remarked that It was very inconvenient to be
stopped by the absence of counsel. He did not know
hew the Court would get on with the badness
if the Lords Justices took away their counsel. Mr.
Bagley said he was instructed by the magmas to
apply to the Court for leave to prosecute the bankrupt
under the 221st section of the Bankruptcy Act for mis-
demeanour. His Honour otrerved that he considered
that such a serious matter that be ought to bear the
application in the absence of the benkrupt's connaeL
After a brief discussion the Court ordend the sitting
to be further aijourned until the 7te of January next,
at twelve o'clock. and granted the kankrupt renewed
protection from arrest until that time, The proceedings
then terminated.