The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1873-12-23 00:00:00

DORCHEI3TIR COUNTY 001111 T.

Tstriariar. —Bofors Mr. T. a. P. Imfroy, judge.
Stephen Browns v. (Aspire Stainiao —Plalatiff
Warmed £4 3s. 9d. for work dor. Mr. Howard for
planed, ood Mr. Weston for defeadar. —More( is a
plumber and glazier of Pre ' ston and depord to petting
In 94 panto of alms sad repairing 93 easementa in
imitates at Warawoll, berg ordered by defoodant to
'go and put the.. windows in order.. Doloodaat said
plaineff had • moral order for toe years or more to go
1 round to all the cottages jar before Lady-day to put
all the windows In trantable repair • and the awards
rune was Se. or 10i. • year. His raw as to the wort
I depute was that ha was "to stop up the windows a
I little • he gave no order for repairing, for his landlord
I ems about to put in new cessmenr—Oross-ezaiminad
Did not eater tato the question whether Um work was
dose or not; Ii was cot ordered sad not requirod.—Tho
judge rad It woe defeedeagh Nat that be did uot limit
plaintiff* a esglids is.. las thought asearding to the
order be was jumbled is defog what was normary. On
Om swirlier he asoddiewl Orktrff wa• startled to Um
arrant alaimad. Tordir asoordiary.
nears OW* T. !Wird Oossits—Clabe RS log two
quarter? rat of • aotiage at Orr.. Defendant said
only re garter we. owlaig.—Mr. Dimest, the rosorer
of rear, said dreadant loft by Bight —Dsdeadar said
he was obliged Is; Mr. Derr pulled down oewthird
el the bow waiting hie leave, and tbe roof was se bed
that is the 'badges% bedroom they had to pal a bine
lob gad a basket, and this the bedelothei got wst.—
Dorsi awoke, who lived la port el the wrap, rid he
emit with Oeosiss when he oohed ter the neaps of El
Rid 18th September, sad Mr. Mort said "I thlak I
haws it down somewbere." B. did sot des, Uwe WY
only or grater orag.—Dirsat amid this ',JINNI Wt
In the night tr. Both said tho hors was uninhabit-
abr.—Dimon said ha admitted the brae wet sot la
=lMirt 1:o bat
1. Irbrodcgithrtvistlo'kftlungwtTogibeo bides., math:
had not got tho roat.—fils Hoerr said that was wrong;
be ought to rep the hoar In habitable °audition. Ho
thought the defeadaat might be right, tad gar
judgment for LI. 51. at 01104, and the rest by two
monthly instalments.
2loop v. Colctoird —This es" a jury ease, olatin £4O
on • cheep deal, the question bdnit whether • lot of
SO snoop were sold at 455. 61. or Me. 61. Plaintiff
M a farmer of Boetlond Newton and defendant relies
at Cluistoburah.—Mr. Weston uked for an adjoana-
meat, saylog Mr. Brom' smatterer, and another
material witness oould not brood. Mr. Howard said
Wimborus market was final, and he only got norm at
the beginning of the week. Ho urged going on with the
oar.— Hr. Weston said than two wherry wore mmt
matorlaL —lila Houour said its must toow what they
were to prove.—Mr. Weldon said Mr. Whittle, the
larger sheep doer attending this morkot, would prove
he boogie batter ineep the nine d.y at 43+. a bead.
When plaintiff raid the perm was wrong, tiny adored
within • week he might have thum busk.
His Honour thought that was very fair.
Hr. Howard IMS4 be had four wearer on the
querloo. For them shier they ries Ad,. end had
ref wed 55e.

liosoux thought M. Weston's two absent
mita. ewe were net of speoLd imperial:toe. Ultimowy
the judge agreed to soj nut' the cafe, on defendant
paying the 000 to a the day. He moat pay £6O into
court for sesta, fiad.to gide the event.

Alter ooderi:leg with his sliest, Mr. Weston said he
would go on with the ease. _ .

TM, 'jury were—John Strong. Dorchester ; Henry
Darden, Mlnterne Magna ; Teter Shepherd, Cheat-
borne ; Samuel Churchill, Toiler Poroorum.— wo of
the Jurors summoritil were dead, Mr. Weston objected
to tiro more, and the panel bring exhausted, it we.
agreed to try therein with four jarynieu oily, and they
were sworn.—Mr. Howard opened the plaintiff's rani
stating plaintiff brought 81 ewes to the 26M October
fair. Defendant Game to to. plaintiff, and &eked tto
price. Ile told him he bad asked dr. J. Foos and
others 58.., but idiot sime eontereation Li. a;reel
rake 55.. 61. Soon after be found the sheep gone, and
he had no cheque. After ward.s• Mr. Will. who was pre-
sent at the deill Monett him • cheeps for £lli2.
at it be said to With the ix £4O sheet, and Mr. Will.
admitted it, both. said he didn't know how it happened
fat they la:rowed • Ready Booboo., at the railway
station. They had applied for the £4O, but bed not gut
It. If defendant had not taken off the sheep enthout
aay delivery, and there had Wealthy mistake it woald
have been found out at the pen ; bet he urged there
was no mistake. At that market gam sold et various
for some had foot and mouth die.... and them
roirnere not so desirable to bey. Looking at all the
eireamatanees he oceilideettly anticipated Omit verdict.
Plaintiff said he hid lived at Baskland Newton 9
years, and farmed 150 acres. On 25th October be
brought Into Do/theism fair SO ewes for ads. They
were In high oondidon for breeding ewes. Defendant
came to the pen. Will, and plaintiff's shepherd were
present. Defendant asked the prim- He said had
been madras 58e. of Mr. J. Foot, of Ifeastoue, and
several others, and that they had bui 5.56. which he had
refused. He asked where they came from, and he gave
biro fall particulars, and told him they were sound.
Ddeudant said, "You've been &Alai too math." and
inquired "Whet'. the nailing peke ?" Witham said
"a; • wordr lie said "at a word." Witness
answered 56.- Defendant got into the pen and
examined them, and then said what is the lowest pried.
He said 56,. Defendant offered 555. Told him that was
no use as he had refund It before. Wilts said spilt
the difference. Wittman Bald "there'. no maxi of that;
56i. Is the price.' Defendant said "If you don't do as
my Mead (awaiting Wills) says, I'll not have them."
num be refused ; bet altar a little sonaiderthloa he
said 'God send us look, you shall have them," and
shook hands spat it. Defendant asked his name and
addreas. and be Wrote it oa the beck of an envelope.
Defendant asked that his shepherd should help
drive theta to the stattoO, and whitess said he'd drive
them himself, wasenkig that they should be paid for
beers removal. Defendant said he wanted to bey a
more ram% and went to the sloths. He had never
semi debnidaat before. Is a few minutes not seeing
delendaat be weal heek to the pas sad forted the sheep
gone. He harried to the galley and heard the last
whistle—the sheep aid defendant were gone. Rioters-
lag to the pen shoe • bit Will. saes up, and said "I
Tiryou thought the sheep were doles." He said
wit a lodate way of dmag badness." Wills said
"It's all right, I've got the cheque, and handed him a
cheque for £lB2. He told him it was .£4O too Uttle.
Wills mid "It', a mistake is the reckoning; I don't,
know how that an be for we borrowed • Beady
Reekoser and reekoned it at the station, and brought
It to £222." The sheep were cheap at 55a. 61.
Ccons-exandued : Did not keep a Weedlike flick. Was
motet sheep jobber. Steels Woodbury Hill fair sheep
had gone down. lino) gulls were gold at this season Of
the year. It waa about 20 Wastes past 12 when be
sold the sheep to defendant. He penned them at 11.
At this fair prime rallied towards ths olos.. Mr. Foot
offered him 655. • head for the sheep before they were
In the pen sod 1111MX. Lind never employed Wills.
Did not know him any more than he did himself (Mr.
WestotA. Had 'pekoe to Wills. But yen,, not to
me? Yes, I have, and paid you money in your MSc,—
(laughter). Pd... that day varied from Rh.
Horn sheep wipe usually a lower pram than the Downs.
Did not know Horns usually lambed before Uowns--it
depended on their condition and when the rams were
put in. As a general rule Hann did lamb earlier.
Should think his sheep averaged 16 to 17ilia, a quarter.
There were • great many sheep with the foot duaaes to
the fair, badly crippled. Xistar people heeding disaster:l
theep to the fair were liable to proseoutdoo. His
shepherd told him plaintiff, Willa, and he drove the
sheep to the station. lie said they drove them very
fait, and • bullet* got amongst them and lamed it —he
expooted he had the foot disease after --tlaubLeir).
11. d a latter from Mr. Oulebird saying be only gave
45,. bd. • head for them, he refined to give 465. for
better bred ouria Hail • second letter saying 45.. 61.
was the pries, and that he booked it In tie preseatie.
On that said plaintiff, I didn't think mush of it, for he
never took autarky book.
Re-examined : Had he got to the pee before the
sheep had gone he should have had had 55e. 6d.
without a maxmar, for never was a more straightfor-
ward deal, sad he should set have's! them go without
the cheque for 1../22..._ -
. .

George B•ok, plauttifs shepherd, corroborated as t 3
the deal, and laid Its helped Wills drive thrum to the
station. They took thew there megaton es they could walk.
Duties ths deal he stood tho raw slde el the pen
se his m.ster and de.lludant.

Tii-oe7ao-Whis, Clerrel. maid he went about with
• doter enelloo. Woo ot tho the Mir and G&W defendent
handlieg p.o.inUff's slump. Defondant said to him he
woe sorry hit didn't loud I. rtges annoy to him tor
'A. „toms bo bought at the printout Mir. Hoard the
deal. The sheep wore height at ON 61 At the station
he told doloadant, at he hal not seen Kr. Toop if be
would give him e *woe for the WOO, hied hobo is
asit to itri Toep. Defendant did not sap how mash
It mats $.• sad b• took tho oltoloo Illotoool to

M111.••••g•••.....,,t

Platldig. Oa *IN *Asa do Auras 11 was isa
shoo*
Onws-assadase : Mover had say dadaist with phia.
tiff bolero that day. The *keep went to the station
very ginatly„ no oat* roe over therm. Doloadwat
tin too oht gals for Mr. Toop because he wanted to to
on by the trots.
J. JAB Fool, of ironstone, tattle doa sr, f...oliag
120 way spoil of stwarnz ttle aftiop, %Li veLL'ag
head for_thoon P.aintlff asked 60. .ithe, Sn..

,Ar. w Croat el L. Minterue, forma( fig
24 years about 503 sores, *4l he saw waintiffs sheep.
and plaintiff toll him is 1141111ailiCii &is. for thism,
Mr. Westou then addrimena the jury for the defsods.
Ifs was twist great dieel•eits ss two important
witnesses imuld out attend. One of those warn ffr,
/moor
no Judge stopped Mr. Weston, saying he *odd tot
opts what he was trot going to prom
Mr. Weston wont on to oommout on plaintiff's
evideooo. implying iisfondant took the sheep off sm.
ropsitionali, chores the other •ituess gIIV3 & very
different version. This being so he urged plainuff
spoke at random, sod as it was • question of ...b.
onvilbility of plaintiff and delioddaui, he mired them to
think plabitiff might also melte • ealet.ke am to this
lama lie shout] show sup ri,r sheep tome bought in
the, air from Mr. MA).,, of riddlet.inton, for Qs. kb.
Sturdy •obsequently bought them, of Masers. Doke
and Whittie for 454., aod Mr. Sturdy eald atom %cm
hotter than pIaMMITs. Mr. Sturdy b night anodise lot
at 465., and • third at 48‘ Priam were °ethic' ft.
the 665. or Mo. plaintiff wished to make. That wee
quit* a fabulous price. After they had heard his wit,
orsue he thought they would be of opinion plshitill
had tni-de a mistake

Defendant said he Heed at Christchurch, and farmed
about 300 sore.. At the Mr im went to plabluff.. pee
and seltrd the price. Ile mid ens. Asked what wm
the selling prier, and if vett 4.14. Plaintiff said he
would not take leas. Wale 1311/11t, ap, and he esti them
was aoh Iling b"tween than. Wile suggested splittiae
It, end plaluidi touched his hand, and said,
fie mad. • mem, of the ti sal In his pocket
book at the time. (The Judge exernined the book.)
ii•Villft locket at that be bad no doubt 4,Ss. 61. .1111
Ito price. Pailutlff In .ked at tlie inecu , sad said
"You',. med.& catenate—my name ia foop, at d not
Took," cab, had written. He wrote all the mew at
Lb. time. His hands were a title oolonrod by handbag
Lb. sheep, and the marks where be had rested Ids
tipsters wore on the book,
The Jade would sot admit the book es evidence.
He said the petite mitakt have been atlded lifter. Three
wituames swore the mein, we. made on an envelops,
mot consisted et tb• name only.
Mr. Ilowerd t Am/ that book wee net put into the
heads of either of them with the querUon "We. that
the mem. written?'
_

-
Defendant went on to tell what he did In regard to
getting the blimp away. At the station be said be bad
reckoned the amount In his mind, and he sad Wills
to reekoa it to. Will. got • Beady ifookomr, referred to
It, sod said £lB2 was right.
Cross•examined The statements of the plaintiff. sad
the shepherd, and Will. as to the pries were false.
Will, did not hear. Wrote to Willa to inquire whM
ho understood the prise, but be only kiwi. it from
what he (defendant) had mid. As to Mr. Foot and
Mr. Cross he did not know what the ahem; might he
worth to them. _ . . _

--Pm Bailey said be nisnagod the ahem, for lir.
Sturdy. of Triton. Woo at the fair with Yr. Steely
imps( Dews sheep. He bought for Mr. Sturdy et
Mr. Howard obj.ated.
Tem Judge said puttlog wish evidenee monist the
direst testimony of three or (oar witnewm was perfectly
childish. _ . .

: Mr. Sturdy bought sheep of Mr. Duke it
44a. awl el Mi. Byrnes at 48s.
The Jake somplalaid that Mr. Werke wee waiting
rib& time.
Mr. Wastes: I deal Ukiah seek obeersatioss sbosld
eases from yes who. there Is a jury; let the Glee go
to tiers witboat prof miles.
Weser : See defeedaat's sheep at the stadea.
Tbroserbi then el Mr. Sterdy's bestir.
Is orals examisallom Hz. Howard ridiosted witaess's
prapesesiese to be a judge of sheep.
Ilde warn defeedaat's owe, sad Mr. Westoa briefly

/Lr—.-ifc-iWard replied cm behalf et plaintiff, urging It
was aboard to 'appose plalubff sold at 45a 64. whse be
wee offered 555. oa the road to Use fats. Ile suggested
the memorandums la defeadent's hook was writtan
nabsequeetly, the int part beiag °opted from the
egivelop• as whieb three bad sworn ploloUfta sums sad
address were writes.

Jueit-re-atinTmed up the ease to the jury. The
Maple quartias was whet wag the d.&-45 &j.
65t. 61 2 Deleadaut mote he bought .1 45.. 61. tad
lite, had the oath. of plaintiff, hie shepherd, and Willa
that the &al was SU 61

—im—ni;diat-4-tTieTerigare a verdict for plaintiff—
damages £4O.
The jury were discharged with the thanks of the
country, end the Judge sold he wiahtd he mad give
Own tn,re th.n tilt Is fa...

lie Hoary Joh* Herdic. —The bankrupt lived at
Ott did not appear to-day. Mr. H. H.
Crawford, of London remosentad the petitiouine
ereditor ; Mr. Watt& of Yeovil, the Natloroal Province/a
beak ; and Mr. Howard, of Weymouth, the trustee of
the estate (Mr. W. G. Bryer, High Llsiliff debit Coen).
Mr. Crawford wee' for a further eidj turnmeed. Them
Wie• • dispute as to wbethsr HA.; benkropt's was •
separate eetste, or j fat with Iris brol. re. He meautil
to tr.olemd for u roparOre estate, and it was mart ire.
portant for ell panics if tiro bankrupt could be (*wad
that be ehould Mr. Orsoford tr.,mplained that Um
Pre te had naiad eat el him as an "suotuttant appearing
for the abso-waiii.z bankrupt," and asul he did sot like
is—the net was tu.t ha wee a ...traitor and appeand foe
tbe potitionlog creditor. One Joanne' had headed the
cos. ' A 'Moose Of Air."-1 it was not tide paper.] —ills
Honour had no dont.: tiet Mr. Crawford having berm
thus "libelled" the geoUciu of the Piste would
wi • Huey c 'rent Ste , nor —(1.14h to r).
Mr. Howard, so b doelf of the truste,, remarked lb
was always a eirourn.tenue regarded with suspicion
, when that petitioning ore liter WOO a relative, aril he
I should like to examine him. Ac to the bankrupt ho
had oommitted contempt of curt, coder the 19 h
*ration of the Act, and ti,11,14 he appeared he should
app'y for him tub, punish&
Mr. Crawford, ou to-lostf or tho petitioning creditor,
, sail when the petition was Sal he got the usu.l order
for the attendant. of Cie beukraot, all repudiated say
co' I ision between the petitionieg creditor sod bankrupt.
I Mr. Howard said the baillif of the Coot as trustee
was only Lull us to do his duly.
I: woo agr ed to adjourn to the ncet court at
one eclook, sal the weeding was tol.rnuoed sosor-
dingly.
Re Jots e nee. —ln dill mat. r lr. Atklosou of
Blitodford, said 100 appsmol on behalf a the prineipal
creditor. TJO Let meetiog of ore litors was coiled at
Bendford, on lot December, at 12 o'clock, and he
followed the bsokrupt into tbe room with his client, at
Iwo minute. past 12. He found there Mr.
solicitor, and brothee-la-lawd the bankrupt. Nothing
was said except by Mr. Moore to the other party toiling
his. whet. to sign lola name to mune papers, Lod at
Mae minutes to 12, Ms. Moore went away. He asked
whew lb. meetiog was to be Meld and was told it was
all over, sad that as extraordinary resolution had been
passed to Mini.. in the pound payable in 12 months,
and that Mr. Mo we he appointed trustee. Ilia appli-
cation wart that tin proondinge be set mid* on the
vacua of sarprise. irragalsrity, ko.
Mr. Moore said tools deutriptiou of the meeting was
IIeOOTT, Ot ; Med. OI 008110, it must be taws es an
expert. stademeutt _

The Registrar s.id Mr. Lthiosou mast proceed by
air.davit, with notice of Ma ti ; sad it was rid this
souse would be adopted .4th. heat murk