The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1874-07-28 00:00:00

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PRIUS COURT, TUESDAY.
(Before Loral Chief Justice COLSIUDGIL)
Affriowol s. Mi net.—ln this cause the following special
kin were sworn : Messrs. .1. Vincent. A. Wil It, G.
Wanhill, W. Rogers, 1., Groves, B. Hopkins, T. lladg
A. L. Cooper, J. 1/amen, R. Friend, W. M. Ilewseyane:li
.1. Burgess. Mr. I !ole, q.v., with Mr. Collins, for plaintiff,
instructed by Mr. T. A. Hanna, of Weymouth, and Mr.
hopes, Q.I. with Mr. Marsh for defendant, instructed by
Messrs. Andrews and Pope, of Dorchester.
Mr. Collins opened the pleadings, which net out in
legal phrase plaintiff's case. It is a claim br a tenant
under a Dorset custom to 10 acres of a way-going crop of
wheat on quitting a farm.
Mr. Cole, Q.C., stated the facts. The plaintiff is a
farmer, anal commenced the action against his landlord
Mr. Christopher K Mined, now dead, and the MUM was
continued by his eldest daughter, the adaninistratrix. In
laid the plaintiff' entered into an agreement for a lease
wills the late Mr. Mina to rent Revels farm, at that tune
by Mrs. Kinginmus. It was a Lady-day entry,
and it was arranged that the in-going tenant should pay
Mrs. Kingman for the crop of wheat which would cense
off, that she had tilled and sown for. In the agreement foe
a lease it was arranged that when the plaintiff went out
bowie to le entitled to takeoff his way going crop of wheat
not exceeding ten acres. For seven years they acted on that
agreement, and after that went from year to year until
1835 when • fresh lease was nude for *even years, but in
the Iva) lease there was nothing said about the terms of in-
coming or out-going. In Mk/ that expired, and from then
down to 1°79 'genital' went on as a yearly tenant. The
tenancy was determined at Lady-day 1872, and when
about to go out plaintiff looked to be paid for the tillages
maul for his way-going crop of wheat, as he had paid for
upon entering. But his landlord held that bemuse there
bad been an interim lease which did not mention any-
thing about his being entitled to the way-going crop of
wheat, therefore he was not entitled to it. That was a
Point of law for his lordship, but he should be able to cite
cases to show that where there was a custom of the
country as to *certain entry anal outgoing although it was
not ment' in as lease yet the tenant would be entitled
to the heumit of it.
His loraldaip said as at present advised he should hold
that the plaintiff WM hound lay the terms of the second
leer. NI hen there was special mention of a wrialition in
a first lease azi.l it was omitted in is second lie should hold
the terms of the tenancy were contained in the latter
document.
Mr. Lopes said that was his contention, and further
that there was no such custom of the country as was
alleged for taking off a way-going crop.
Mr. Cole continutri his address to the jury, saying it
would he hard on the plaintiff to pay :61 years' rent, and
only get 90 years' crop, As to the tillages and labour,
defendant had paid into court .981. but he should show
they cost £1.9 Us. lld., so that at any rate plaintiff would be
entitled to .C.l 6.1. The plaintiff paid about .91:10 on
entering, anal in fairness was entitled to the same crop
when leaving.
His lordship said it could not be considered "hard,'
after plaintiff had entered into a contract.
Mr. Cole read some of the correspondence between the
parties. The defendant was very emphatic. He said
" The lease must i.e our guide," spoke of plaintifTs plea as
"a hollow claim and advised him to pay thereat and
quit. Later lie wrote, "1 for the last tame caution you
there is a lease. I shall act on it and eject you at the
point of the law. I have forwardel a letter to Mr.
Andrews written by some one (that "sonic one " was Mr.
Giles Symonds, anal why he should be treated in that
cavalier way lie (Mr. I %AO amid not think) and I warn
you fur the het time that I want to have my rent jaivial ;
I want you to leave lay farm." Further aria Mr. Millet
suggested the case should he refened to Mr. Geon.ir
Andrews, who unalerstuel the case clearly, to act as
1110i.ltrOr. Til6g, Mr. lolethought, rather e xtraoralinan—
to refer is dispute to the defendant's attorney. No settle-
ment being arrived nt, the plaintiff paid the rent, and
now le-ought his act'
The plaintiff was called, anal said he now lived at
Bueklanal Newton. He spoke to the tenancy of Revels
farm, anal sent on to may there was a custom always
—generally—with regard to the way-going crop of wheat
when it was a Lady-day entry.
By Mr. hones: Was a huntauran, and lived in 90
counties—Worcestershire. Leicestershire, Yorkshire, Lc.
Learnt the curtain in Worcestershire amid Surrey. But
most he knew was in Dorset Leaving at Lady-day you
have the way-going crop wlmich you sow.
His lordship now ruled that the 1812 writing must be
produced,, and as Mr. Cole declined input it in. the judge
*truck out the evidence as to custom he had taken. How-
ever it came out again directly after when plaintiff had
spoken to holding on after the 1655 lease which was put
in.
In answer to Mr. Cole, the plaintiff said all the farms
about Revels were held on the custom he had spoken of:
but cross-examined by Mr. Lopes he admitted he did not
know the tenus on which the farms he spoke of were
held.
By Mr. Cole: Some of the (anon were held by lease,
and some in other ways.
Mr. Giles Symonds, auctioneer arid valuer, said he had
known the district for 97 or 98 years. There was. custom
VA to a Lady-day entry of farina there in most cases.
Ity Mr. Lapes : In the Cages in his mind he had not seen
the leases or agreements, or known the terms when they
were verbal.
His Isonlship said the witness could not prove custom.
It was not like a commercial custom where • dozen might
mean 15 in every case; but ho must know the special
letting of each, farm.
Mr. Cole: Where a lease has expires! ad • person
holds on as yearly tenant, tills the arable la's' '

_
_ land, and sows a
portion fur corn, is there any custom as to his being paid
for it?
Mr. Lopes objected to witness answering, and said it
would depend ilium his former lease.
II is isonlehip held the question could not be answered.
Mr. 1•0110Kurgml that in the IfCirs lease there was nothing
said albeit the out-geing crop, Isit there were special
provisions as to the tillages of the last year.
Ilis Lordship said the plaintiff went ott the mistaken
notion that the interniefliate lease made no difference as
to the holdings ; and, as to the second lease, it was irre-
sistible evidence against the mstsiiii.
The cam emitinueil in a very intermittent kind of way
for solllC tune hieger, hut the jiile thrOlighOUt ruled the
law was against plaintiff, although, under the circum-
stances he suggested the defendant should cense to terms
with the plaintiff, but defendant's attornios refusing, the
plaintiff took • non-suit.
Non-suited accordingly.
Dras C. StieHawd.-111i, was another special jury rase,
Tails jurors being Poles—. & William Keeton, C.

Crew. I ieo. Symonde, B. Newman, H. Paul, C. Atkinson,
N. Maras, H. W. Hawkins, W. Gould, J. \Vette, and J.
Waters. Mr. Cole, with Mr. A. Charles, for the
plaintiff. instructed by Mr. Lacey, of Wareham ; Mr.
lames, t/r_C., and Mr. Collins for the defendant, instructed
by Mr. Weston, of Dorchester.
Mr. Charles opened the pleadings, which involved a
nuegion of tenant's repairs when occupying front year to
year.
Mr. Cole said the plaintiff was Mr. Drat, of Char-
Ismiugh Park, and the member for Wareham, and the
action was brought tvoiinst defendant as tenant of
Kezworth farim for neglecting to repair the farm house
and buildings, gatea, slite., and not treating the land in a
hushand.like manner. Defendant's father, Mr. George
Stickland, entered upon the farm iii September WM, in
succession to Mr. Hooper, and in September. 1/07, entered
on another portion of the farm, lie carried it an till let
or IMkI, whim he died. Mrs. Stirkland held on, defen-
dant inamiging, and usually paying the rent. In 1.Y07
defendant became the tenant, and continued till Pril I
March of that year Mr. Drag gave defendant notice to
leave. and in September with Mr. Mackenzie examined
the farm. A re-valuation was proposed, and defendant
wanted to tike it at the new valuation, but Mr. Drag
found the place no dilapidated ithat lie determined to get
a new tenant, and on Llith September wrote to defendant
to that effect Defendant left at Michaelmas except 70 or
Macros . 4 posture which lie claimed to hold till nth July.
and 41 so. The action was brought for dilapidations and
Mr. Mackenzie, bailiff to Mr. prligs for 16 years, spoke
to defendant's coining to the audit in lel7 and asking Mr.
Drix if he would accept him WI tenant and Mr. Brea
agreed on the sanie terms as the farm was held by mg
mother. Last September defendant told witness he wail
entitled to hold over 70 acnai of pasture till 6th July, and
li.' "aid that was strange, and lie could not nay anything
till he had seen the rentals. The farm in September he
found in a very indifferent state of husbandry ...several of
the arable pew wen, overrun with couch; the ditches
were almost grown user.
Mr. Lopes stilimittml that could not lie chargoil against
defendant as is warty tenant Ile also urged that the
terms of the holding must be proved before any evidence
of lirmich was given.
His lordship concurred and, despite the argument, of
Mr. C.ole and his junior, insisted the terms "as Lad by his
mother " must be proved.
Mr. Cole asked witness what terms did Mrs. Stickland held on
Mr. Lopes: Do you know the terms?
Witness: I don t know therm All I know WU that the
rent was paid half-yearly.
Mr. Lopes : That might be consistent with any terms of
holding.
His Lordship went into the Crown Court to consult
with Mr. Justim Brett on the point in question it being such a serious matter, although his lordship said he h,a doubt about it. On returning he said Mr. Justice Brett rather wondered at 1." ' ' •

levant.

wemieredst his "jug lush a qu"thal' sad ithunetfinelteed, thleh:pipeharnpaderntircedov him,w '.ralan4 It' it Wa.--..
- ...eed
utE '-- I • -- ---07. g all—-&-i--,; it would be too
he was quite in accord with hinuielf-that before he could
In regard to the plaintiff himself. it was said he wu
show breach of terins he must show terms to break
judge -.‘dight sufficient to t Itbowing, the evidence. As to 160“.4 lagging, the Judge s
proven n
in, might Iss sharpening his ecythe from laziness, =aet
unwell, and could not he here.
Mr. Cole called James titickland. and it was said and it was discidoureil.
"he Dr. Thomas Daniel, of '' he saw the he anoujd not have been behind so far salon yards. There
haSarthearirudnductLi ; the large Idadeithiteesiw hieedlvieednant cadlosescw:Lbthveothre.one
tutor, said
an unanimity of evidence as to the distance between
had just gone out The learned counsel said be would body in an outhouse in the village Examined the upper was I 7redtn:ladlh°reteerd°Pmreitlvacati".:ote IheuaClll:eYtratesel4h.isimbrilndigellr "Loullivret tihl:ilifnact4tlicc'el:Ydneenreu"all:eyiwelier'sdre;
and d I• he about three yank off. But
have subpenaed defendant, but that he know ho would be wound then, and the second two days after. The first I I'd."'" °sew" ' • wss
was on the middle of the left thigh, from without inwards--- •
present, and he was in court a minute ago.
Ilk Lordship mid it wild a tine day for seeing the it wu in front and towards the inner side. It was about I would take 1,;oualli "! Mow lertr yards- were !t_ Lea
. CAIIIIC between the legs,
beauties of Dorchester --(laughtell-and counsel mut use e I.". 'li _,_---e. •onit. and cut to the bone. It bad divided the ' minutes as the first wttinese said, it would be almost fats'
their own experience. It was common to subpoina the 1 ..„_iii."" artery, and such a wound as would cause death. 'to the Poisoner; but judgment as to time was most [M-
auch eiretunitaneea Prisoner went up
first gentlemen in the country when their evidence was ! The scythe was such an instrument as would calm the trustworthy awl"
the jury
take
be. als de to Judge. channel,.
Wee.
toni._ it
required. Ile nicollected Mr. Chubdone being subpoluied. I wound. Mould judge the blow was struck from behind, and ade two blows at deFeased, who fell,. erring out
Ili+ lordship would not adjourn the case.
Mr. Whittle, the present tenant, was called, Ile said 1 outside to the inside. Two days he again emuieed
hbeiif:iirenort,ilii!inhgeitetlhiemleoothk right." They must ask themselves was that said
and nut from use lost to right -the "You've done for me now. Prisoner said ' nerve yea
the e7nei over
otew
it was in a very bad state of cultivation, but I don't know deep, and about two inches keg.
knee, said.,
"WI rig a P""ler was that when he pushed
aside, he immediately took the scythe, and began Ciro:
which .he Dihedld.nelsain"hd down, but above the w m
knee It was morDecztyged,v'enad n littlerioevw4 linlis the
eordstapt saidni innmiwhaten owrasenemosoft inninlignifavoorki.
what he answered. I was booking over the farm, and yeses of age. Had not seen the Priente.„ .., num_ ,
barking nip own opinion, lie told me the rent, but that At the mooed et the pawnor. Kr. MUM CaL44 He had mown three yards when struck; it was for thew

rante;

, whether it would take one minute or five to mow
to joiLge, If the time was so short that he might here
tlist7,r-eodden passion, they might find him guilty of
he° L'7;liter unless from what he said stud his actions
1-evedit RIM done in revenge. The witness Marsh
sw.,r,h; ton.. at four or five minutes, while the other lasi
tern.which showed how nntrustworty evidence so to
tinie woe. This witness also said prisoner hat to go three
-foqr yartb. and went to him swearing. Hitchcock said
Icy on the ground two or throe minutes, lint
L- I with the others as to the three yard,' distance. As
to the excuse that it was an accident, his lordship said that
as made an hour after, and no reasonable man could
:wept it- it could not be an accident. The alight put on
14.1 g by being pushed aside for a " atrapper " to come on,
might have provoked prisoner further. The wound was
of ',itch ii ,onous natnre-dividing the main artery-that
hail a sur.mon been there he could not have saved hitt life.
The question was-Wes it murder or manslaughter It
was 1111 l vier eldest they thought the provocation was such
pa might have put prisoner into sudden passion. and that
it WWI as sort before what he did that he acted from the
pcov,,cation given him. But if they thought too long a
time elapietl, or front the expressions need that he was not
aeting from sudden passion-but had either not been in a
teseion or had recovered from it, and inflicted the blows
with • wieked mid malignant mind, then they ought to
may he was guilty of murder.
At five minute.s to one the jury retired to consider their
verdict.
At one o'clock the jury returned, and the prisoner
nervously glanced at them, seemingly deeiziag to read his
fate.
.Ifter the name, of the jury hail been called over, the
Clerk of Assize asked are you all agreed the fireman
replied vim, guilty of Manslaughter, and not guilty of
Murder.
A gleam of relief peeled over prisoner's WAIL and lie
look, I up with more boldness than he had before exhi-
bit
The Judge nail: In some senses I am sorry for that
lam alsiiit to do to you. I ans so because of the,
character which you have received from Your muter ; ime
the jury have taken the ewer Nitreifid view of your ease-
l's:sum). The horror f that weapon-the mole in which,
You used it-the reeertify way, to go behind • man, behind
his back, and cut him with such a weapon as that, and to
wet the expresaiona you did. I ma hardly exPrella my
fecii,o;!.. Although I think they were right in taking
merciful and indulgent re view they did -they we t in
nit 'ending You to the scaffeld, but recollect tithi_t they
had thought it their duty to find • verdict of wilful
murder. it hich they might well have done, nothing could
have saved you. Although I think they were right in the
conclusion to which they came, yet to nty Mind this is
next door to murder, and as near as it can be. You have
m,cemt with your life, but that is all. You are a man of
te.,ten, age you have not done as that young soldier
yestinlay. alit ttttt gh I WAe afraid the bleed death had gone
ot er his mind as I told hiui, yet I did think it RIM more
irked and rideable recklessness of a boy than • cowardly
act sock as you hese committed but for you I can say
nothing. Yost may not have thought in your stupid,
Ignorant, and wicked drunkenness that you would kill the
man, but you felt you would do him a frightful mischief
n cruel and wirkel iniwhief -I cannot doubt that, and
take your chance whether you killed hint or not. Yost
tieid esprespions which dtowed pour mind wan wicked
awl malignant, and the crime is next to murder, and
I,' met he ',diluent next to death The sentence
ie_tbat you be kept in PENAL SERVITUDE FOR

A murmur of horror passed through the court. and the
rei.,,,ee seemed to quail before the terrible sentence. He
was immediately removed below, and the court was
quickly cleared.

FEIANY AT PORDIITOTON.
A man named James Tizerd, at Gonmanstone, was
charged with felony.
eftitie pnsieetited, and Mr. Eulien defended, in-
stnicted ly Mr. Howard.
P.C. Dunn, of DorEheater borough police, spoke to the
offence.
Pri,oner Is a pensioner front the 4.00 th Rifles. Ma in
the 14 Army Reserve.
Colonel Astell spoke to this, and to prisoner being swan
of good character.
The Jury acquitted prisoner.
The Assizes were concluded at 1.10 p.m.