The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1859-08-30 00:00:00

53 omersttobirt.
YEOVIL COUNTY COURT.
(Before C. Saunders, Esq.,)

- .
This court was held on Tuesday, when there were
nearly 100 oases entered, but more than half of these
were disposed of before the court sat.

ALLEGRO BREACH OF WARRANTY.
&ranger. Coines.—Mr. Atkinson, of Blandford, for
plaintiff ; and Mr. J. Y. Melmoth, of Sherborne, for the
defendant. The plaintiff is an extensive cattle dealer at
Haselbury Bryan, and the defendant, Mr. John Caines,
is a farmer, residing at Chilton Centel°, near Yeovil.
This plaint wuentered to recover the SUM Of E 17128. 10d.,
being the lose sustained by him on the re-sale of • horse
purchased 17 him of the defendant, for the sum of £36;
but which did uut answer the warranty given at the time
of sale, and wee consequently re-sold by public auction
alter due notice, and realield, after deducting the ex-
penses of the sale, the sum of EIS 7a. 2d., leaving the
sum of £l7 12s. lt/d. u above claimed. Mr. Samuel
Strange, the complainant in the action, deposed that he
bought the horse of the defendant on the 2nd June at
Sherburne fair, with the understanding that the horse
was exceedingly quiet, sound, and free from vice. On
the 7th June coinplaniant drove the horse to Mr. War-
ren's, at Child Okeford, and whilst in the street the
horse shied at a boy with a jacket on his shoulder, and
turned suddenly round. Mr. Warren was behind the
gig, and he immediately held the horse's head, and
turned him back again. Mr. Warren led the horse
toward' his house, but the animal did not appear trilling
to go, and seemed to be nervous. On the 14th June
complainant drove to Stoford fair, and took up ILL Rog-
sitar at Yetininster. The horse shied very mucli on this
occasion. lie met the defendant and told him that the
horse was not according to Lis warranty, and ,su the 14t1m
he sent him a letter to the effect that if defendant did
not immediately take it from his stable* and return him
hi money it should be sold, and that be should bold Mr.
Unix responsible for any difference that might arise

1. from such re-sale. To this letter complainant received
a reply, dated the Itith, stating that defendant would
defy him or any other living man to prove that he had
iniarepresmnted ti.e horse ; adding that he hail now a
horse of his own and could not think of taking plaintiirs
horse back. He was very sorry fur what had happened,
and trusted they would be able to settle it pleasantly.
Witness continued : I next saw the defendant at Yeevil
fair on the tith dune. He shook hands with um and
said. "So you are determined to go to law?' 1 said,"
am obliged to do it, as you will come to no terina, and
settle about the horse." I saw him &gen' the emus day
and lie promised to meet Inc at the " 'all Ion" at • err-
tain hour. I waited for more than an hour beyond the
time soccified, when he came, and said be should pot
the affair into the hands of two persons, one to be chosen
byme and the iitherby himself ; he afterwards said that be
should not take the horst again, even if it were settled.
I said the horse was no use to me and I would not take
tat any price. He said "1 have taken an oath that I
will not have the horse back spin." The horse was
afterwards sold in the presence of defendant. It was
previously advertised in the Sher6urne Joni-sal and by
handbills ' • it realized 1.21, and I now sue him for the
balance, £l7 12s. 10d. which is the amount of loss I sus-
tained by the transaction. When I bought the horse
he particularly warranted it nut to shy.
This witness was cross-examined, and other witnesses
were examined on the WWI side, when the Cage for the
plaintiff being Wooled
Mr. Mehnoth called the defendant, Mr. John Caine',
who deposed: I had the horse about 17 months before
I sold it; and it never turned round with me. I met
plaintiff at Somerton fair, on the 31st of May, when he
asked me ill would sell the little grey horse. I replied,
" Why, inoney perhaps would tempt me." He said,
'What do you ask fur it?" I said "I am not at liberty
to sell it now as a party has been inquiring about it."
I drove the horse to Sherburne fair on the 2ml of June,
where Iliad promised to meet plaintiff. Plaintiff came
to Mr. Johnson's livery stables, and asked if I should
object to his driving him out. I gave him permission,
he took the horse, and before starting he said this hone
is quiet, isn't it? I said lam glad you asked me that
question, because lie will look at things sod shy off •
little, but there is no harm in it. I always drop the
reins and he will pass the object very well. Ile always
would look at things. Mr. Milder drove the horse
back again' and said that Mr. Strange would see me pre-
sently, and endeavour to buy the horse. I next saw
Mr. Strange in the Swan room at dinner. He asked
me if I was going to sell him the little horse. I aid.
"If you will give me I:40 for it, I'll sell it to you." I
asked him how he liked the animal. He sail, "Very
well; but I find it just as you told tie--he looks at
things." I drove the horse through where the sheep and
things were, but it never offered to turu. Plaintiff said,
"There's no humbug between you and me ; I intend to
try to buy the horse of you. I shall give k. 3.1 for it."
I said I will not take 1:35, but I will take £3,0 After
• little hesitation, plaintiff said "1 will give you ano-
ther pound." I said "No, I won't sell it." Mr. Rug'
alter then came in, and he said "ii you won't sell it at
kW there's Is. more, which I will give you out of my
own pocket." I did not warrant the horse not to shy.
Mr. Rossiter asked if I warranted it sound and free
from vice, and many other things he added to it. I
said, "Mind I give n o such warranty." I said I had
told Mr. Strange all about the horse—that it would
look at things and shy, and that it was worse to ride
than to drive. I said I did not care about selling the
horse, but if Mr. Strange liked he should have it. Mr.
Strange said "Then I won't Lase it if I have to give
another shilling for it." Mr. Welch, my son-in-law,
was present, and be said to plaintiff, "Well, you shall
have the horse." I did not warrant the horse at all.
I did not hear any complaints till the 11th of June, at
&Mord fair, when Mr. Di °veiny told me that the horse
had turned round ; I said I was sorry font, I after-
wards saw plaintiff, and whilst in conversation with him
Ifsg:ing the horse, his brother John came up and said
tfact, is, Sem, the hone doesn't suit you, and you
had better give him (meaning defendant) £5, and he
will take the horse." I said I didn't want it, as I had
another horse. No snore was said. Shortly after I re-
ceived a letter from plaintiff and also one from Mr.
Atkinson, and I subsequently saw the horse sold at
Shoehorns. Cross-examined : I swear that before plain-
tiff got up into the gig I told him that the horse would
shy. I swear I never warranted the horse not to shy.
Several other witnesses on behalf of the defendant
having undergone examination
Mr. Atkinson in reply said the question lay in a nut-
shell,—it was whether a warranty had been given or
not.—His Honour then carefully sanitized up, remark-
ing that this was one of those mums in which they bad
to lament the want of caution in persons making bargains
of thin description. He had before him • very difficult
teak, that of reconciling the evidence of persons (lon each
side) wham statements were in some instances diametri-
ally opposite. His Honour then went carefully through
the evidence, remarking that it seenied to him that the
plaintiff bad established aright to recover; and he gave
a verdict accordingly.

CREW KKK Z COUNTT COURT EXTRAORDIXART.—A
county court extraordinary was begun before Charles
Saunders, Esq., on Friday week, at half-past eleven
o'clock in the forenoon, and concluded the next morn-
ing (Saturday) at half-past five ! Several minor cases
were quickly disposed of in order to battle with the two
following, which were conducted and defended by their
respective advocates, Messrs. Jolliffe and Langworthy,
whose invincible powers extended over nearly the whole
of the 18 hours thmugh which the court sat, to the no
little annoyance of his Honour, jury, plaintiffs, defend-
ants, witnesses, reporters, and others, who were anxiously
desiring, hour after hour, to be closeted with their
night's friend, "Balmy Sleep," whose welcome and
agreeable company wu invited and indulged in for a few
minutes by many.
_. • _ . .

„
O. N. SAorev. David haws, conducted by Mr.
Jolliffe, defended by Mr. Langworthy. This wen an
action for Cl 5, damages and loss nutained in consequence
of defendant having declined to fulfill his contract to
supply plaintiff with about 400 bushels of wheat, pur-
chased of defendant on the 25th April last. Mr. Lang-
worthy contended that his client only sold the quantity
Mr. French saw in the bags, which he gave • sample of,
and that it was to be taken on the Wednesday, and
that there was no other evidence of any other quantity;
also that the Act says, that any deal above 1:10 shall not
be valid without some money is paid to bind the
bargain or some writing or document signed. His
Honour said that he should consider the case.—Jmig-
went reserved.

Reuben Amery and James Young v. James Taylor.—
Jury caec.—Thia action was brought to recover co for
compensation and damages by reason of defendant—the
contractor for the construction of the Yeovil and Exeter
Railway at Wayfont and Crewkertie —having let to
plaintiffs (who are sub-contractors) certain works on the
above railway, and upon which tho plaintiffs entered
accordingly to an estimate delivered to, and accepted
by, the defendant; and which said work the plaintiffs
were prevented from finishing by reason of the defend-
ant forcibly expelling the plaintiffs and their non from
the same on the 18th of April last. Mr. Langworthy
appeared for the plaintiffs, and Mr. Jolliffe for the
defendant. The hearing of this case occupied thirteen
hours. Witnesses were called to prove that the plain-
tiffs were prevented from going on quickly with their
work, owing to a scarcity of materials ; whilst on the
part of defendant it was sought to be proved that the
complainants bad not sufficient capital with which to
finish their work; that defendant bad paid them extra
money for their work; and that, finding they could not
complete it within the time (by which be was liable to
• fine of £l,OOO per day) he had taken the work from
them, after giving them • week's notice. The jury
returned a verdict for plaintiffs, damages £5O.

Baarroc.—Proposed New Pier.—lt is said that a
pier to land the packet parengers at the mouth of
the river at low water will, in all probability, soon be
constructed by the Dock Committee.
DREADFUL DEATH—A servant at the George
and Dragon, Tower-hill, in this city, named
Mary Ann Murphy, aged about 23, was burnt to
death on Thursday night. The inquiry at the
coroner's inquest failed to disclose the cause of the
accident, and a verdict of "Accidentally burnt to
death" was returned.
COMMUNICATION BETWEEN THE METROPOLIS AND
THE SOUTH OF IRILLANIL—The Times reached
Cork within about 24 hours of its publication on
Monday. The route taken was rid Bristol per
ordinary Great Western railway train, and from
that port to Cork per the Sabrina steam-packet,
which arrived at Cork Paaage in 14 hours after
quitting Kingroad. In the ordinary mode of transit
the London morning papers reach Cork about 4
o'clock on the following afternoon, so that the route
to Cork and the South of Ireland rid Bristol shortens
the distance by about 10 or 12 hours.

CHARON Or PERJURY.—At the Bristol Police
court on Tuesday, Charles Joseph Battershill was '
charged before the sitting magistrates (Messrs. R.
P. King and C. J. Thomas) with having committed
wilful and corrupt perjury in the Bristol District
Court of Bankruptcy. The prisoner, who was ap-
prehended under a warrant at Jersey on the 13th
inst., was brought before the magistrates on the 16th,
and was then remanded for a week, being admitted
to bail in his own recognizance' of £4OO, and two
sureties of .£2OO each, which were subsequently in-
creased to £l,OOO and two sureties of £5OO each.
Battershill was a clerk and cashier in the employ of
Robert Wells, who carried on business us wholesale
teadealer at Bristol, having branch retail establish-
ments carried on under the style of Wells, Russell,
and Co., at Newport and Cardiff. Wells became
bankrupt on his own petition on the 9th of Febru-
ary last, after making an unsuccessful attempt to
compound with his creditors. His liabilities were
upwards of .617,000. After the adjudication Bat-
tershill made a large claim on the estate, amounting
to nearly £4,000, for which he held tea, coffee, and
spice warrants, as security for advances alleged to
have been made at various times by him to the bank-
rupt. An endeavour was made to supersede the
bankruptcy, which faded, and on the 2P•ith of June
last Battershill was examined in the Bankruptcy
Court touching his dealings with the bankrupt. In
the course of his examination the following questions
were put to and answers given by him : Have
you possessed yourself of any part of the bankrupt's
property since the Ist of January in the present
year, besides what appears in the accounts marked
B and C? (These were accounts showing the amount

realized frMu the tea and other warrant's, &c.)—.No.
Do you know of any part of the bankrupt's property
being disposed of out of the ordinary way of trade
since the let of Jantuuy last, No. Have you your-
self removed or assisted in the removal of any of the
_

bankrupt's effects out of the ordinary way of trade
since the Ist of January last ?—No." On the an-
swers given to those questions perjury was assigned,
and in support of the charge Mr. Stone, of the Wes-
tern Circuit, appeared for the assignees of Wells,
and Mr. Edlin, of the same circuit for the accused.
The tile of proceeding in Wells's bankruptcy, con-
taining the examination of Battershill, was produced
by Mr. Hancock, one of the ushers of the Bristol
Bankruptcy Court. Ceorge Sims, the manager of
Wells's branch establishment at Newport, was then
. . .

called, and deposed that on the geresiing of the
oth of February last (the day before Wells was ad.
judiasted bankrupt) Battershill aune to the shop at
Newport, and, having intimated that it was "all

! up" with Wells, he packed up a large quantity or
tea, sugar, tobacco, Sultana raisins, and other sis.ds
which he sent away by the south Wales ltalloay,
addressed, with directions loch he brought ready
written with hint, to -Samuel Bryant. Farriers'
Arms, llotwell-nsul, Bristol," and to •• Jones,
Nelson-street, bristol,' Lit which latter name Bat-
, tershill said he was travelling. Some goods were
also sent to Messrs. Battershill and Edwards, at New.
and Battershill took away some goods with
him, which travelled with him as luggage on his
leaving Newport, directed '• W. Jonea, Eaq., pas-
. senger to Bristol." No aiciimit of the psals so re-
moved Was entered in any of the hooks kept at the
sh.p, and RatterAill requested the witness nut to
mention to any one the fact of his having been there
' and having removed goods. Before leaving, Batters-
hill took the =oh which was in the shop-till,
amounting to between 1:4 and £5. lie also took
away this cashbook of the Newport establishment,
and told witness to deer.), all the invoices which
! were on the premises. The witness was subjected
to a long and searching 4xuss-exaunnation by Mr.
- &Bin, but his evidence in chief was not shaken
in any material matter. After the inquiry hail been
protracted for nearly 4 hours, the prisoner warn again
, remanded, bail being accepted for his re-appearance
—himself in Xl,OOO and two sureties in ,t5OO each.